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Home My WebLink About1966/06/06 - ADMIN - Minutes - City Council - RegularMINUTES O�' CIT Y COUNCIL MEETING ST. LOUIS PARK, IviINNESOTA. JUNE 6, 1966 Z. CALL Tp pRDER A regular rri�eting of the City Council was cailed to order by Mayor Kenneth W oj f� at 8:12 p. m. 2. INVOCATIOIv In the absense of the minister no invocation was given. 3. ROLL CALL The following Councilmen were present at roll call: Frank �-loward Richard Koch Robert Reynolds Leonard Thiel . • Kennc�th W olfe Also present were the City Manager, City Attorney, Director of Public Works, Assessor, and Secretary. Councilman Heltzer arrived at 8:30 p. rn, and Councilman Pearson arrived at 9:25 p. m, 4• MINUTES On motion of Councilman Howard, seconded by Councilman Koch, the minutes of the regular meeting held May Z3, 1966 were approved by a five yea vote. 5• �'UB LIC HEARINGS .�_ �a� PROPOSED PRELIMINARY PLAT OF LOU-PARK ADDITION (AT 14TH STREET BET�i� EEN DAKOTA AVENUE AND HAMPSHIRE AVENUE} REQUESTED BY DANIEL F. OTTEN AND LOUISE A. O TTE N EI�EARING ADJ OUR NE D FR OM MA Y 2, 19 66 j. Mayor Wolfe declared the hearing closed. It was moved by Councilman Reynolds, seconded by Councilman Koch, to defer action to June 20, 1966. Motion passed by a five yea vote. Council- men Heltzer and Pearson were not present. 110 Council Minutes - June 6, 1966 5• (b) IMPROVEMENT NO. 66-Z9, PROPOSED CONCRETE ALLEY PAVINCr BETWE�.N COLORADO AVENUE, BRUNSWICK AVENUE� •WEST 27Th STRE�T AND Vv'EST 28T�-i STREET, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MA.Y 26, 1966 AND JUNE 2, 1966. it was moved by Councilman Reyndds, seconded by Councilman Thiel, to table the matter. Motion passed by a five yea vote. Later in the meeting a motion was made by Councilman Reynolds, aeconded by Councilman Koch, to remov� the item from the table. Motion pas s ed by a e even yea vote. Mayor Wolfe declared the hearing closed. � R �'SOLUTION NO. 3059 It was moved by Councilman Howard, seconded by Councilman Koch, to waive reading and adopt Resolution No. 3059 entitled "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 66-29. " Motion passed by a' seven yea vote. ( c� PROPOSED VARIANCE FROM PROVISIONS OF SEC TION 6:084. 2 OF THE ST. LOUIS PARK ZONING 0�2DINANCE TO PERMIT A SIDE YARD j1V-iDTH ABUTTING A STREET OF EIGHT FEET IN- STEAD OF THE REQUIRED FIFTEEN FEET AT 2901 BRUNSWICK AVENUE, AS DESCRIBED IN NOTICE OF �-iEARING PUBLISHED MAY 19, 1966 (CAS� NO. 66-15-VAR. ) REQUESTED BY JQHN � GOLLE Y. Mayor Wolfe declare the hearing closed. RESOLUTION NO. 3060 It was moved by Councilman Howard, seconded by Councilman 'Reynolds, to waive reading and adopt Resolution No. 3060 entitled Resolution Granting Variance of Side Yard Width #rom the �e uire- ments of Section 6:084. 2 of the St q Motion passed by a vote of four ea�uis Park Zoning Ordinance. " voting nay. Councilmen Heltzer and Pearne nay� Co�cilman Koch son were not present. � (d) PROPOSED VARIANCE FROM PROVISIONS OF SECTI OF THE ZONING pRDINANCE TO PERMIT A SIDE y� N 6:144. Z OF SEVEN FEET INSTEAD OF THE RE RD WIDTH AT 731? WEST LAKE STREET QUIRED FIFTEEN FEET , . A.S DESCIZIgE� IN �pTICE OF 11 1 � 3 _�+ Council Minutes - Jun� 6� 1966 5. (d3 �-iEAI�ING pUB REQUES'TED BYIF ED �AY 19� 1966 (CASE N�. 66-1�-VAR. ) LA.1VIF INDUSTi�ILS, INC. Kenneth Franklin was Mayor �Volfe Present repr�senting Flame Industries. declared the hearing closed. Councilman Heltzer arrived a� 8;30 P, m. RESOLUTION NO. 3061 It was moved by Councilrnan Reynolds, seconded b Councilman Koch, to waive read�ng and adopt Resolution No. 3061 entitled "Resolution Granting Variance of Side Yard Width from the Re- quirements of Section b• 144. 2 of the St. Louis Park Zoning 03•d- inance. " Before a vote was taken a motion was made by Gouncil- man Heltzer, seconded by Councilman Thiel, to amend the motion by adding the following condition: "Entrance and exit from Taft Avenue to this property shall be limited to one, opposite the ser- vice door on the west side of the building for limited use only, " and by adding "for installation of gas tank in an area not to exceed ten (10) feet by eight (8) feet" after the words "required fifteen feet" in the first paragraph on page one of the resolution. Motion passed by a six yea vote. The original motion as amended was passed by a six yea vote. Councilman Pearson was not present. (e) IMPROVEMENT NO� 65-71A, PROPOSED CONCRETE CURB ANI� GUTTER CONSTRUCTION ON BOTii SIDES OF BRUNSWICK AVENUE BETWEEN V�iEST 28TH STREET AND WEST 29TH STREET, A�S DESCRIBED IN NOTICE OF �iEARING PUBLISHED MAY 19, 196b AND MAY 26, 1966. Councilman Pearson arrived at 9:25 p. m. Lloyd Bergstrom, 2805 Brunswick Avenue, Alois Wagner, 2804 Brunswick A.venue, Joseph Counter, Z836 Brunswick Avenue, and D. K. Waller, Z840 Brunswick Avenue, were present in favor of the project. John Quinn, 2813 Brunswick, Russell Satrang, 2844 Brunswick Avenue, Jack Van Caster, owner of the property at Z848 Brunswick Avenue and living in Eden Prairie, Duane Werner, 2857 Brunswick Avenue, and Howard Wilkins, 2841 Brunswick, were present against the improvement. Bruce Spetz, 2800 Brunswick Avenue. requested that his name be withdrawn from the original petition requesting the improvement. RESOLUTION NO. 3062 It �as moved by Councilman Thiel, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3062 entitled 112 Gouacil iN.tinute s- June 6, 19 66 5. (e) "Resolution Ordering Improvement and Ordering Prep$ration of Plans Improvement No. 65-? lA. " Motion passed by a seven ye a vote . (f) IMPROVEMENT NO. 65-?1B, PROPOSED SIDEWALK CON- STRUCTI4N ON BOTH SIDES �F BRUNSWICK AVENUE BETWEEN WEST 28TH STREET AND WEST 29TH STREET, AS DESCRIBED IN NOTICE 4F HEARING PUBLISHED MAY 19, 1966 AND IviAY 26, 1966. Hearinga on Item (e ) and (f � we re held at the same time with the same residents mentioned above appearing on both improvements. Mayor Wolfe declared the hearing closed. RESOLUTION NO. 3063 A motion was rriade by Councilman Koch, seconded by Councilman Howard, to waive reading and adopt Resolution No. 3063 entitled "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 65-?1B. " Motion passed by a seven yea vote. (g) IMPROVEA2ENT N�. 65-68, PROPOSED STORM SEWER CON- STRUCTION IN AREA BOUNDED IN GENERAL B Y TEXAS AVENUE, GREAT NORTHERN RAILWAY, WEST 33RD STREET, AND HIGHWAY NO. ?, AS DESCRIBED IN NOTICE OF HEARING PU$LISHED MAY 19, 1966 AND MAY 26, 1966. The City Manager outlined the proposed storm sewer plan on a map and explained the storm sewer asseasment policy. Eugene Nelson, Sblb West 34th Street, Thomas Flynn, 3314 Utah Avenue, C. J. Ahlstrand, 33Z0 Yukon Avenue, C. Berge, 8220 West 35th Street, M. W. Hill, 3545 Zinran Avenue, and E. G. Heid, 8? 10 West 35th Street were present concerning the area the storm sewer serves, assessment costs and ,years for payment. Mayor Wolfe declared the hearing closed. RESOLUTI4N NO. 3064 It was moved by Councilrrian Heltzer, seconded by Co�cilxnan Thiel, to waive re ading and adopt Re s olution No. 3 064 entitled "Reeolution Ordering Irriprovements and prdering preparation of Plans Improvement No. 65-68. " Motion .passed by a seven yea vote. 113 Council Minutes - June 6, 1966 6, PETITIONS, REQUESTS AND COMMUNICATIONS (a) APPLICATION FOR LICENSE TO SELL NON-INTOXICATING MALT LIQUOR OFF-SALE AT 4201 ��TEST LAKE STREET BY SIDNE�Y WILENSKy (MILK HOUSE SUPERETTEj. A motion was made by Councilman Reynolds, seconded by Councilman Koch, to approve issuance of the license. Motion pas s ed by a s even yea vote. �b) COMMUNICATION FROM COUNCILMAN PEARSON CONCERN- ING PROPQSED AMENDMENT TO THE CITY CHARTER. A motion was made by Councilman Heltzer, seconded by Council- man Koch, to refer to the Charter Commission for recotnmenda- tion to review the Charter with the idea of removing the word "motion" from the last sentence of Section 3.4 so that a majority vote of all members of the Council would be necessary for the passage of ordinances and resolutions but would not apply to pro- cedural motions. Motion passed by a vote of six yeas and one nay, Councilman Howard voting nay. ?. RESOLUTIONS AND ORDINANCES (a) RESOLUTION APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO C. S. A. H. PROJECT NO. 5716 (S. A. P. 27-618-05) CITY PROJECT NOo 63-05 STORM SEWER. RESOLUTION NO. 3065 It was moved by Councilman Reynolds, seconded by Councilman Koch, to waive reading and adopt Resolution No. 3065 entitled "Resolution Appropriation of Municipal State A.id Funds to C. S. A. H. Project No. 5716 (S. A. P. 2?-618-05) City Project 63,05. " Motion pas s ed by a s even yea vote. 8. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO THE FOLLOWING IMPROVEMENTS: 1. No. 66-39, concrete alley paving between Utica Avenue, Vernon Avenue, West 27th Street, and West 28th Street. 114 Council Minutes - June 6, 1966 8• �a) 2. No. 66-48, concrete alley paving between SumterAvenue, Rhode Island A.venue, w'est 35th Street and Walker Street. 3. No. 66-53, concrete alley paving between Nevada Avenue, Maryland Avenue, West 31st Street and West 32nd Street. 4, No. 66-45, concrete alley paving between Kipling Avenue, Lynn Avenue, ihlest 25th Street and yVest 26th Street. RESOLUTION NO. 3066 It was moved by Councilman Howard, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3066 entitled "Resolution Receiving Reports and Calling Hearing on Improve- ment Nos. 66-39, 66-48, 66-53, 66-45. " Motion passed by a seven yea vote. (b) REPORT OF CITY MANAGER (M. & C. NO. 66-22j RELATIVE TO RETENTION OF CITY EMPLOYEE BEYOND MANDATORY RETIREMENT AGE. A motion was made by Councilman Howard, seconded by Council- man Reynolds, to concur with the Cit y Manager' s recommenda- tion allowing Nathan Epstein to remain in the employ of the City until August 13, 196?. Motion passed by a seven yea vote. (cj RECOMMENDATION OF PARKS AND REC�EATION ADVISORY COMiviISSION CONCERNING BABE RUTIi FIELD. Campbell Keith, 4315 W ooddale Avenue, chairman of the coordin- ating committee for boy's baseball was present in opposition to any changes to the Babe Ruth Field on 36th Street. The Council stated no plans had been approved for changes in the Babe Ruth Field. No action was taken. (dj MINUTES OF PARKS AND RECREATION ADVISORY COM- MISSION MEETING HELD MAY 18, 1966. Upon hearing no objection, Mayor �'olfe ordered the minutes received for filing. (e) PRELIMINARY REPORT OF THE DIR�CTOR OF PUBLIC WORKS AND ASSESSOR WITH RESPECT TO IMPROVEMENT NO. 65-58, SAIVITARY SEWER TO SERVE 312? HIGHWAY NO. 100. The City Manager reported the petition had been withdrawn and no action was required. 115 Counc il Minute s- June 6, 19 6 6 g, (f j REPORT OF LA.ND ACQ UISITION. �g� 1, Deed for Lots 79 through 84, Richmond 2nd Addition dated May 23, 1966 from Karl Sollnar and Herta Sollnar. It was moved by Councilman Reynolds, seconded by Councilman Koch, to accept deed and authorize City Clerk to file same for record, and authorize payment of $1, 592. 88. Motion passed by a seven yea vote. 2. Partial Release of Mortgage dated May 24, 1966 from The Wisconsin Life Insurance Company for a portion of Lot 4 and Lot 5, Block 3, Haake's Iviinikahda Terrace �easement for Excelsior Boulevard). �,b 9� 3. Street easement and temporary construction easement (Excelsior Boulevardj dated May 27, 1966 from Ambrose ,� �9� J. Klingelhuts for a portion of Lot 3 and Lot 4, Block 3, Hanke' s Minikahda Te r rac e. 4. Deed for a portion of Lot 14, Block 161, Rearrangement � � e o of St. Louis Park dated May 23, 1966 from Richard A. and Elainc E. Frees. A motion was made by Councilman Heltzer, seconded by Council- man Thiel, to accept deeds and authorize City Clerk to file same for record. Motion passed by a seven yea vote. 5. Deed for a portion of Lot 14 and all of Lots 15 and 16, Block 161, Rearrangement of St. Louis Park dated May 24, i966 from Arvid E. Carlson & Sons, Inc. � 70! It was moved by Councilman Heltzer, seconded by Councilman Thiel, to accept deed, authorize City Clerk to file same for record, and authorize payment of $11, 000. Motion pasaed by a seven yea vote. REP OR T OF C I�AR TE R C OMMISSION C ONC ER NING PR OPOSE D CHARTER AMENDMENTS. Councilman Pearson suggested the Charter Corrimission study Section 5. 06 of the Charter changing the amount allowed for pur- chas e without bidding to $2, 000. 00, as allowed by State law for villages. A motion was made by Councilman Pearson, seconded by Councilman Heltzer, that staff be directed to communicate with Charter Commis sion with regard to Section 5. O6 relating to purchases the City can make without advertising for bids. Moti,on passed by a seven yea vote. 116 Council Minutes - June 6, 1966 8. (g) It was moved by Councilman Howard, seconded by Councilman Koch, that staff prepare a resoluiion calling election for sub- mission of proposed amendments to City Charter and fixing form of ballots� Motion passed by a seven yea vote. A motion was made by Councilman Heltzer, seconded by Councilman Thiel, that staff review the population by pre- cincts to determine if there are any inequities in population which would handicap our voting procedures. Motion passed by a seven yea vote. (h) RECOMMENDATION OF PLANNING C4MMISSION (CASE NO. 66-21-MISC. ) RELATING TO DAKOTA AVENUE ARTERIAL STREET, The City Manager pointcd out the proposed school location and changes in street alignment at the Dakota Avenue site. A motion was made by Councilman Heltzer, seconded by Councilman Koch, that Dakota Avenue remain in the State-aid program with an align- ment to the east of the school site; that staff work with the school district staff to determine the most desirable alignment of the road. Motion passed by a seven yea vote. (i) REPORT OF EMPLOYEE APPOINTMENT (POLICE DEPA.RTIViENT). A motion was made by Councilman Reynolds, seconded by Council- �� man Thiel, to consent and approve the appointment of Gari Chmel as probationary patrolman, Range PS 2, Step A, effective June 13, 19 66. Motion pas s ed by a s even yea vote. (j} REPORT QF SUPERVISOR OF ZONING AND INSPECTION CONCERNING DANGEROUS BUILDING AT 4149 TOLEDO AVENUE. A motion was made by Councilman Reynolds, seconded by Councilman Heltzer, to approve the findings as recommended by the Supervisor of �.oning and Inspection and the necessary orders be provided to accomplish the necessary action under procedures set forth in the Dilapidated Building Bill, S. F. No. 642, Chapte r No. 393. Motion pas s ed by a s even yea vote. 9. UNFINISHED BUSINESS (a� AWARD OF CONTR.ACT FOR CONCRETE PAVING AND CURB AND GUTTER IMPRp�E;�ENT NO. 65-34 �WESTMORELAND STREETj. 11? Gouncil Minute s_ J�e b 1 � 966 9• (a) RESOLUTION NO. 306? A motion �,�,as mad� b Councilrnan Y Councilman Reynolds, seconded by No. 3067 Thiel, to vc,aive reading and adopt Resolution entitled "Resolution Accepting Bid ior Concrete �'aving and Curb Motion and Gutt�r Improvement No. 65-34. " to Bur pass�d by a seven yea vote. Contract was awarded Y& Carlson, In�. �n the amount of $59, ?44. ??. (b) REPpRT OF P�NNING COM RECOMME MISSION (CASE NO. 66-6-SP. ) NDI1vG FAV�RABLy WITH CONDITIONS UPON THE REQ UEST OF ZEJDLIK & HARMALA Y �'ERMIT UNDER p NC. FOR SPECIAL R�VISIQNS OF SEC TION 6:176. 4 OF THE ZONING ORDINAI�JCE Tp USE LAND IN R-4 DISTRICT F R I-�ESIDENTIAL, ]�EvEL�pMENT UNIT AT 4505-15 WEST 3061 STREET (DEFERRED FROM MAY 23, 19b6�, Z RESOLUTION NO. 3068 It was moved b-y Councilman Pearson, seconded by Council- man Koch, to waive reading and adopt Resolution No. 3068 entitled "Resolution Granting Special Permit Under Section 6:176.4 of the St� Louis Park Zaning Ordinance for Resi- dential Development Unit, Apartment Buildings, Zejdlik and Harmala, Inc, " as amended by adding to Condition No. 1 on page 3 the words: "provided, however, that no entrance be permitted on Westmoreland Street:' Motion passed by a seven yea vote, (c y AWARD OF C ONTRAC T FOR TOWING AND IMPOUNDING OF VEHICLES (DEFERRED FROM MAY 23, 1966). It was moved by Councilman Thiel, seconded by Councilman Reynolds, to defer action to June 20, 1966. Motion passed by a seven yea vote. �d� REPORT QF CITY MANAGER (M. & C. NO. 66-25) CON- CERNING FALL REFUSE PICKUP (REQUESTED BY C OUNCILMAN K OCH). It was moved by Councilman Thiel, seconded by Councilman Howard, that Council consider the possibility of two refuse pickups a year at budget time, including the effect it would have on the fund from which payment is made for the pickups. Motion pas s ed by a seven yea vote. 118 Council Minutes - June 6, 1966 9. (e) BOULEVARD DELICATESSEN SPECIA-L PERMIT, N 00 J_ MINNETONKA BOULZ�VARD (REQUESTED B'Y COU C MAN HELTZER). It was moved by Councilman Howard, seconded by Councilman Heltzer, that in the future a time limit for completion of all special permit requirements be included in the resolution; that Boulevard Delicatessen bz given two weeks to comply with the provisions of their special permit. Motion passed by a seven yea vote. 10. NEW BUSINESS (a} SALE OF LAND B Y CIT Y. The City Manager stated that Wallace Bruce offered to buy from the City 47, 300 square feet of land on the east side of Nevada Avenue approximately 275 feet south of Cedar Lake Road. A motion was made by Councilman P�arson, seconded by Councilman Thiel, that staff be authorized to prepare the necessary ordinance for sale of land. Motion passed by a seven yea vote. (b � C OUNCIL MEE TING J UNE I 3, 1966. A motion was made by Councilman i�eynolds, seconded by Councilman I�eltze r, that no me eting b� held June 13, 19 66. Motion passed by a seven yea vote. 11. MISCELLANEOUS (aj BEAUTIFICATION OF AREA BETW�EN JERSEY AVENUE, IDAHO AVENUE, 16TH STREET AND 18TH STREET. Residents of the area were present requesting that the debr�s be re�oved. Staff will check ownership of the property and sign posting and report to Council June 20, 1966. (b) DRAINAGE AT 3000 FRANCE AVENUE, MOTOR TRAVEL SERVICES, INC. Councilman Koch read excerpts of a letter from Motor Travel Services, Inc, concerning drainage problem at that adrress. It was moved by Councilman Koch, seconded by Councilman Pearson, that staff communicate with the County Hi hwa Department, State Highway Depar�then�, and Cit o gMinnea olis Y p ll9 11. (b� with regard to the curr�nt improvement of County Ditch No. 29 and the closed culvert opening and repor� to Council Jul 5, 1966. Motion pas sed by a seven yea vote, y (c) HOUSING AND R�DEVELOpM�NT AUTHORITY. It was moved by Councilman Heltzer, seconded by Council- man Koch, that staff report on the steps necessary to estab- lish a Housing and Redevelopment Authority including sug- gestions or recommendations on staffing such a project. Motion pas s ed by a s even yea vote. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS. (a) VERIFIED CLAIMS. On motion of Councilman Pearson, seconded by Councilman Reynolds, the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 6, 1966 in the total amounts of $2, 260. 4? for payroll, and $53, ? 11. 23 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a seven yea vote. (b) C�NTRACT PAYMF;NTS. 1. Final Payment for concrete alley paving, Improvement Nos. b4-31, 64-53, 64-58, 65-11, 65-41, 65-60, 65-63, 65-70, 65-?3, 66-03. Contractor, Victor C-arlson & Sons, Inc. Amount, $10, 075. 39. RESOLUTION NO. 3069 It was moved by Councilman Heltzer, seconded by Councilman Thi el, to waive r e ading . and adopt Re s olution No. 3 0 69 entitle d "Resolution Accepting Work on Concrete Alley Pavement Improve- ment Nos. 64- 31, 64- 53, 64- 58, 65-11, 65-41, 65- 60, 65- 63, 65-70, 65-73, 66-03. " Motion passed by a seven yea vote. 2. Final Payment. Sanitary sewer and water main, Improve- ment No. 66-08A. Contractor, Johnson Brothers Plumbing. Amount, $22, 614. Z7. R�SOLUTION NO. 3070 seconded by Councilman It was moved by Councilmana ol tZResolution No. 3070 entitled Thiel, to waive reading and P 120 Council Minutes - JunE 6, 1966 12. (b) "Resolution Accepting Work on Sanitary Sewer and Water Main Inzprovement No. 66-08A. " Motion passed by a seven yea vote. 13. ADJOURNMENT Qn motion of Councilman Heltzer, seconded by Councilman Koch, the meeting was adjourned at 12:26 a. m. by a seven yea vote. Attest: � �� Betty C well, Secretary � 1Z1 Kenne�h W olfe, Mayor