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HomeMy WebLinkAbout1968/10/07 - ADMIN - Minutes - City Council - Regular i MINUTES OF CITY C OUNGIL MEETING ST . LOUIS PARI{ , MINNESOTA October ? 1968 1CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Leonard Thiel at 8 : 10 pe m . 2. INVOCATION Invocation was given by Councilman Howard , 3 . ROLL CALL The following Councilmen were present at roll call : Murray Galinson Richard Graves James Heltze r Frank Howard Richard Koch Leonard Thiel Also present were the Acting City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , City Sa itaria►n, City Assessor and Secretary. 4. MINUTES On motion of Councilman Galinson , seconded by Councilman Graves , the minutes of the regular meeting held September 30 , 1968 and Special. Meetings held September 14 , September 23 , September 28 and September 30 , I with the following amendments : Page 269 , Item fib ), 968 were approved add : " Resolution No. 3610 - It was moved by Councilman Reynolds , ---• t waive reading and adopt Resolution seconded by Councilman Howard , o Work on Storm Sewer Improvement No. 3610 entitled , ' Resolution Accepting and Pae 273 - Those voting No . 66 - 02 . ' Motion carried unanimously . " ; g Councilmen Graves , against the motion to raise Day Camp fees were lieltzer Reynolds olds and Mayor Thiel . Motion to approve the amended Minutes carried with a six yea vote . 5' PUBLIC HEARINGS rya LICENSE TO SELL NON- INTOXICATING (a ) APPLICATION FOR N LIQUOR ON SALE BY PIZZA HUTS , INC . Mayor Thiel opened the hearing ° 276 Council Minutes , October 71 1968 5 . ( a ) Mr . Wayne Vander Vort and Mr . Gene Rancone , 2192 Fairmount Avenue , St. Paul , were present representing the applicant . Mayor Thiel declared the hearing closed . Councilman Koch moved to defer to October 28 , 1968 . Motion was seconded by Councilman Graves and carried 5 - 1 , Councilman Heltzer voting nay . (b ) PROPCSED SPECIAL ASSESSMENT FOR IMPROVEMENTS COMPLETED WITHIN THE CITY , AS DESCRIBED IN NOTICES OF HEARING PUBLISHED SEPTEMBER 19 , 1968 . Mayor Thiel opened the hearing . Mr . Richard Loftus , 2900 Louisiana and Mr . Arthur Amundson , 2917 Louisiana , were present expressing their concern for the inferior work done on Improvement No . 64 - 09 . Councilman Heltzer moved to remove Improvement No . 64 - 09 from the present assessment . Motion was seconded by, Councilman Howard and carried with six yeas . Nr . Armand VI . Fortier , 3834 France Avenue South , was present expressing interest in Improvement No . 62 - 85 . Mr . Robert Ehrenberg of Belt Line Industrial Park was present concerned with the railroad paying part of the assessment for Improvement Nos . 67 - 40 and 67 - 41 . He was told that since the railroad was not presently benefitting from the improvernent and whether they would in the future is hypothetical the question was not answered . Mr . Charles H. Houdek , 2829 Alabama Avenue , was interested in Improvement No . 68 - 07 . He said that the dirt that was removed from the alley behind his property was replaced by base that was compacted by hand . fr Mr . Alois Lampe , 3924 Dakota Avenue , objected to being assessed for Improvement No . 6548 . Mayor Thiel explained the assessment policy as it pertains to storm sewers . Mayor Thiel closed the hearing • Councilman Gali.nson moved to include Improvement No . 64 - 09 in the assessment . Councilman Graves seconded and the motion carried 5 - 1 , Councilman Heltzer voting nay . Councilman Howard moved that the Engineering Department be 277 r Counaii Minutrl , October 7 , 1966 5 , (b ) directed to bring in a report on the how they compared to other streets specifications of this street , put in ; whether or not these i specifications were met and if the did not , and how they were corrected )* an not , in what ways they of the contractor be corrected Y neglect on the part ; tests be made to assure the Engineering Department and the Council that this s the minimum requirements street meets has to be done regarding the s( City and Road Contractors ' ) ; what settling of street and cracking of the sidewalks to bring it up the specifications and , if not the contractor is liable for the repair work which must be done before December 1 , 1968 . Councilman Galinson seconded and the motion carried with six yeas . RESOLUTION NO. 3 611 It was moved by Councilman Galinson , seconded by Councilman Howard , to waive reading and adopt Resolution � No . 3611 entitled , " Resolution Adopting Assessment . " Motion carried with six yeas . a 6. PETITIONS , REQUESTS AND COMMUNICATIONS ( a ) APPLICATION FOR TRANSFER OF LICENSE - CULBERTSON' S CAFE , 5916 EXCELSIOR BOULEVARD - FROM PERRY HALSETH TO GEORGE J . FAUST . On motion by Councilman Howard , seconded by Councilman Heltzer , public hearing was called for October 28 , 1968 . Motion carried with six yeas . ? . RESOLUTIONS AND ORDINANCES (a ) ' RESOLUTION RESTRICTING PARKING RESOLUTION NO. 3612 It was moved by Councilman Graves , - seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3612 entitled , " Resolution Authorizing Placement of Traffic Control Signs and Regulating Parking * t , Motion carried with six yeas . (b ) RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT . RESOLUTION Noe 3 613 It s moved b Councilman Heltzer , seconded No . 3613cilman entitled , I was Y and adopt Resolution Graves ; to waive reading " � ' on Relating to Participation in the Suburban Hennepin Resoluta Motion carried with six yeas . County NursingDistrict . " 278 Council Minutes , October 7 , 1968 7 . (c ) FIRST READING OF GUN ORDINANCE , Councilman Galinson , seconded by Councilman It was moved by Koch , to defer to November 4 , 1968 , Notion carried unanimously . (d ) SECOND RD ADING OF ORDINANCi ADOPTING THE BUDGET FOR Th. BUDGE " E FISCAL YEAR 1969 AND ANTE NDING THE 19 T AS ADOPTED OBUDG PTED BY ORDINANCE 1010 AND AMENDED BY CE 1014 AND ORDINANCE 1031 . ORDINANCE NO. 1042 It was moved by Councilman Heltzer , seconded by Councilman 2 Graves , to waive second reading and adopt Ordinance Seal Year entitled , " An Ordinance Adopting the Budget For bth Fiscal Ordinance 1969 and Amending the 1968 Budget as Adopted inance 1031 . " 1010 and Amended by Ordinance 1014 and Motion carried unanimously . 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) MINUTES OF THE HUMAN RIGHTS COMMISSION HELD SEPTEMBE-11 189 1968 Upon hearing no objection , the Mayor ordered the minutes to be received for filing . (b ) FINANCIAL REPORT OF THE CITY FOR AUGUST 1968 BY CIT f MANAGER Upon hearing no objection , the Mayor ordered the report to be received for filing . (c ) MINUTES OF THE PLANNING COMMISSION MEETING HELD SEPTEMBER 18 , 1968 Upon hearing no objection , the Mayor ordered the minutes to be received for filing . (d ) MINUTES OF THE BOARD OF ZONING APPEALS MEETING HELD SEPTEMBER 26 , 1968 Upon hearing no objection , the Mayor ordered the minutes to be received for filing . (e ) REPORT OF THE BOARD OF ZONING APPEALS (CASE NO• 68 - 47 - VAR . ) RECOMMENDING UNFAVORABLY UPON kkk 279 �M� �li Mlxttxd � , �c tobe r Y , 1968 S . ( e ) THE REQUEST OF JEFFERY S . KIVZNS F OR A FROM SECTION 6 : 046 , 5 OF THE ZONING ORD FROM PERMIT A SIDS yA, RD OF THREE VARIANCE TO �� FEET INSTEAD OF THE REQUIRED SIX FEET IN AN R - 1 DISTRICT 3031A C VE LL. It was moved by Councilman Koch , seconded by Councilman Howard , to set date for public hearing on October 21 , 1968 . Mr . Kivens was present and requested that his application be withdrawn from Council ' s consideration. Councilman Koch withdrew his motion. (f ) REPORT Or CITY ENGINEER CONCERNING SPECIAL PERMIT TO REMOV;r; PLAT AND FILL ON PROPERTY BETWEEN ! HIGHWAY 122 !DAKOTA A VE NUF, , WEST 16TH STREET AND HAMPSHIRE AVENUE - OTTrEN PROPERTY. Councilman Galinson moved that Staff immediately proceed to enforce the special permit on a misdemeanor basis and arrest be made by police tomorrow and thereafter if the violation continues . Councilman Heltzer seconded the motion. Councilman Galinson amended his motion to include that the City Manager and Building Inspector continue every effort to enforce this special permit . The motion as amended carried unanimously . 9. UNFINISHED BUSINESS ( a ) AIR POLLUTION ORDINANCE - SECTION 4 : 815 . 82 ( DEFERRED FROM SEPTEIRiBLR 23 , 1968 ) . Councilman Galinson moved that Staff be directed to investigate the possibility of having a panel of experts in Section 4 : 815 . 82 rather than lay persons and that they get the opinion of air Pollution experts as to the feasibility of using the panel as described in our present ordinance . Councilman Koch seconded . Councilman Heltzer amended the motion to say instead of " experts rather than " to substitute " in addition to and / or lay persons . it Councilman Graves seconded the amendment . The amendment carried 5 - 0 , Councilman Howard abstaining . The original motion , as amended , carried 5 - 0 , Councilman Howard abstaining . City SanitariMcPhee , was present during the an , Barvey discussion of this item to answer questions concerning this section of the ordinance and its application 280 f Council Minutes , October 7 , 1968 9 . (b ) PROPOSED VARIANCE FROM THE PROVISIONS OF SECTION 6 : 064 . 5 OF ZONING ORDINANCE TO PTRMIT A REAR YARD DEPTH OF 20 FEET INSTEAD OF THE REQUIRED 35 FEET AT 2224 SOUTH HILL LANE ( CASA: NO. 68 - 35 - VAR . ) A :EQUESTED B Y WEST SUBURBAN BUILDERS , INC . ( HEARING CLOSED , ACTION DEFERRED FROM AUGUST 19 , SEPTEMBER 9 AND SEPTEMBER 23 , 1968 ) . Mr . Earl Wilson of West Suburban Builders , Inc . submitted a letter requesting that this case be withdrawn . ( c ) PROPOSED PRELIMINARY PLAT OF FOURTH COUNTR Y CLUB ADDITION OF WESTW OOD HILLS ( UTAH AVENUE , UTAH DRIVE AND 18TH STREET ) REQUESTED BY ROBERT J . MCNULTY CO. ( CONTINUED FROM AUGUST 19 , SEPTEMBER 9 AND SEPTEMBER 16 , 1968 ) . It was moved by Councilman Galinson , seconded by Councilman Graves , to defer to October 21 , 1968 , Motion carried unanimously . (d ) REPORT OF CITY MANAGER REGARDING ORDINANCE AMENDING THE ORDINANCE CODE, VIOLATIONS BUREAU ( DEFERRED FROM JUNE 3 , JUNE 171 JUNE 24 , JULY 15 , JULY 29 , AUGUST 19 , AND SEPTEMBER 9 , 1968 ) , On motion by Councilman Howard , seconded by Councilman Graves , this matter was deferred to November 18 , 1968 . Motion carried unanimously . ( e ) HUMAN RIGHTS OBJECTIVES Councilman Galinson moved that on November 4 , 1968 Staff submit a report concerning the implementation of the list of objectives , as adopted by Council , regarding relations . (f ) COMMUNIT Y CENTER ARCHITECT Councilman Koch moved to have Staff negotiate a proposed contract with Carl Graffunder & Associates , Inc . for the proposed Community Center , subject to Councilis approval . Motion was seconded by Councilman Graves and carried 5 - 1 , on Galinson voting nay. ( g ) BOULEVARD DELICATESSEN INC . Councilman Heltzer expressed his concern about the lights at the Boulevard Delicatessen Inc . being a nuisance to the neighbors and requested Staff report on this October 21 , 1968 . Councilman Galinson was concerned about a car being parked in the setback . 281 Minutes , October 7 , 1968 ) 4 � NE; W BUSINESS (a � LAND ACQUISITION 1 . Temporary easement for reconstruction retaining wall * of an existing . Parts of Lots 10 11 Park Manor . , and 12 , Block 16 , i 2 . Temporary easement for the repair of an existing retainin wall : Parts of Lots 9 and 109 Block 16 , Park Manor . g 3 . Temporary easement for the construction of a retaining wall : Parts of Lot 12 , Block 16 , Park Manor . 4. Temporary easement for construction and maintenance of retaining wall : Part of Lot 6 , Block 2 , Donnybrook Terrace Second Addition , 5 . Permanent easement for maintenance of retaining wall : Part of Lot 6 , Block 2 , Donnybrook Terrace Second Addition, 6 , Easement for street purposes : Part of Lot 3 , Block 1 , Donnybrook Terrace Second Addition. It was moved by Councilman Graves , seconded by Councilman Koch , to accept above deeds , authorize the necessary payment and authorize City Clerk to file same for record . Motion carried with six yeas . (b ) APPOINTMENT OF MINORITY GROUP SUB - COMMITTEE OF THE CITIZENS ADVI SORY COMMITTEE: It was suggested by Mayor Thiel that the appointments be made in the near future from those on the committee who have indicated interest . (c ) EMPLOYEE APPOINTMENT It was moved by Councilman Graves , seconded by Councilman Galinson , to consent and approve appointment of Carol Dale , Probationary Clerk it GC5 A , effective October 39 1968 . Motion carried with six yeas . (d ) POLICE PROTECTION REPORT BY LEAGUE OF WOMEN VOTERS Imen Voters delegation from the League of Wo8u ne gsted that the ident of the League , g8 Mrs . Pepper Nypan , pres 282 Council Minutes , October 7 , 1968 10 . ( d ) City circulate the " Know Your City " booklets through the Welcome Wagon , as well as other channels . Mrs . Nypan also expressed concern regarding the lateness of the hour of Council Meetings as it affects both Council and Staff. ky Mrs . Charles g Wright of the League presented the study done by g Jthe League concerning Police Protection and Law Enforcement. The League was complimented on the thorough way in which the subject was handled . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Esther Monson , 3700 Inglewood Avenue It was moved by Councilman Heltze r , , seconded by Councilman Graves , to file above claim with the City Clerk for proper action by the' City Manager and City Attorney . Motion carried with six yeas . 12 . CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Graves , seconded by Councilman Heltzer , the lists of verified claims prepared by the Director of Finance and r presented to the Council dated October 7 , 1968 in the total amounts of $ 5 , 569 . 14 for payroll , and $48 , 184 . 17 for vendors were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks covering same by a six yea vote . (b ) PAYMENTS ON CONTRACT WORK I . Partial Payment No . 3 , storm sewer , sanitary sewer and water main , Imp . Nos . 65 - 45A , 65 - 45B , 65 - 45d , 65 - 68B , 67 - 58 , 66 - 25 , 66 - 269 67 - 32 , 68 - 06 , 68 - 08 , 67 _ 43 , and 68 - 13 - G . L. Contracting , Inc . - $ 36 , 376 . 79 Z . Partial Payment No . 38 paving , curb and gutter , sidewalk , grading , and miscellaneous other work , Imp . Nos . 65 - 01 , 66 - 77 , 66 - 83 , 67 - 26 , 67 - 15 , 67 - 33 , 67 - 47 , 66 - 55 , 60 - 39 , and 67 - 14 - Bury and Carlson , Inc . - $ 591 546 . 19 . a On motion of Councilman Howard seconded b Graves , the above a y Councilman p yments on contract work presented by the City r 283 i Council Minutes , October 7 , 1968 i 12 . (b ) Engineer were approved , and the City Manager , City Cr City Treasurer were authorized to issue checks for theirr and amounts by a six yea vote , espective 13 . ADJOURNMENT Councilman Howard moved not to meet on October 14 , 1968 . Motion was seconded by Councilman Graves and carried with six yeas . On motion of Councilman Koch , seconded by Councilman Howard , the meeting was adjourned at 12 : 10 p , me by a six yea vote . Leo and J . Thi Mayor Attest : Alice M. Carlson , Secretary 284