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Home My WebLink About1968/06/03 - ADMIN - Minutes - City Council - Regular IViINUTES OF CITY COUNCIL MEETING ST . LCUIS PARK , MINNESOTA June 3 , 1968 1 . CALL TO ORDER A regular meeting of the City Council was called to order b President Pro Tem Frank Howard at 8 : 05 p. m. y 2 . INVOCATION Invocation was given by Rev . Paul Obenauf of the Wooddale Lutheran Church. 3 . ROLL CALL The following Councilmen were present at roll call : Murray Galins on Richard Graves James Heltzer Frank Howard Richard Koch Also present were the City Managers City Attorney , Planning Director , Supervisor of the Department of Protective Inspection , Director of Public Works , City Assessor and acting secretary. 4. MINUTES On motion of Councilman Koch , seconded by Councilman Heltzer , the minutes of the regular meeting held May 20 , 1968 , were approved by a five yea vote with Item 10 ( c ) , Page 140 , first paragraph, amended to read , "It was moved by Councilman Howard , seconded by Councilman Reynolds . . . " 5. PUBLIC HEARINGS (a ) IMPROVEMENT NC . 68 - 01 , PROPOSED STORM SEWER IN WEST 34TH STREET FROM BOONE AVENUE TO GREAT NOR THER N RAILR OAD R IGHT OF WAY , IN GR EAT NOR THER N RAILROAD RIGHT OF WAY FROM WEST 34TH STREET TO MINNEHAHA CREEK , AND IN WEST 34TH STREET FROM DECATUR LANE TO MINNEHAHA CREEK ( HEARING CONTINUED FROM MAY 200 1968 ) . It was moved by Councilman Galinson , seconded by Councilman Heltzer to amend storm sewer district to include the portion in 142 Council Minutes , June 3 , 1965 5 . ( a ) West 34th Street from Decatur Lane to Minnehaha Creek only. T"Iion passed with a five yea vote . It was moved by Councilman Galinson , seconded by Councilman Graves , to continue the hearing to June 10 , 1968 . Motion carried 1 5 - 0 . i (b ) PROPOSED SPECIAL ASSESSMENT FOR IMPROVEMENT COMPLETED WITHIN THE CITY , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 23 , 1968 . It was moved by Councilman Galinson , seconded by Councilman Graves to continue the hearing to June 10 , 1968 . Motion carried 5 - 0 . Mr . George Smith , 2557 Georgia Avenue , was present to inquire about the assessment to his property. ( c ) PROPOSED REZONING OF PROPERTY ON NORTHWEST CORNER OF JOPPA AVENUE AND MINNETONKA BOULEVARD FROM R - 4 DISTRICT TO B - 1 DISTRICT , REQUESTED EY CLARENCE AND DOROTHY PETERSON ( CASE NO . 68 - 16 - Z . ) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 23 , 1968 . � It was moved by Councilman Galinson , seconded by Councilman craves , to continue the hearing to June 10 , 1968 . 1V_ otion carried 5 - 0 . Mr . Curtis Pearson was present representing the applicant , andNir . Seymour Druskin was present representing the Park Hill Improvement Association . ( d ) PROPOSED PRELIMINARY AND FINAL PLAT OF WESTWOOD ESTATES THIRD ADDITION ( CORNER OF FRANKLIN AVENUE AND WESTMORELAND LANE ) REQUESTED BY ROBERT J . MCNULTY COMPANY . Mr . Larry Cramer , representing Robert J . McNulty Company , explained his request of enlarging a lot in Westwood Estates Second Addition by applying for a new plat. Mr . Thibault indicated that if Outlot 3 is platted , the lot north of Lot 2 would have to be about 120 feet long on Franklin , and aboot r1aN 140 feet long along the back lot line , since it would not be appy p to give front and / or rear yard variances because of inadequate subdivision design. 1/ir . Cramer agreed to go along with Nir . Thibault ' s idea . 143 Council Minutes •, June 3 , 1968 5 . ( d ) President Pro Tem Howard declared the hearing closed. RESOLUTION NO , 3538 It was moved by Councilman Graves , seconded by Councilman ` Heltzer to approve preliminary plat of Westwood Estates Third Addition and to waive reading and adopt Resolution No . 3538 entitled , Resolution Giving Approval For Final Plat of Westwood Estates Third Addition . " Motion passed by a five yea vote . 6 . PETITIONS , REQUESTS AND COMMUNICATIONS ( a ) APPLICATION FOR LICENSE TO SELL INTOXICATING LIQUOR CFF SALE BY AL ' S LIQUOR STORE , INC . , 3912 EXCELSIOR EOULEVAR D , It was moved by Councilman Koch , seconded by Councilman Heltzer , to set date for public hearing on June 17 , 15/ 68 . Motion carried with five yeas . 7 . RESOLUTIONS AND OR DINANCES ( a ) RESOLUTION EX T ENDING EXPIRATION DATE. BY NINETY DAYS UNDER SECTION 6 : 205 5 OF THE ZONING ORDINANCE FOR SPECIAL PERMIT , RIDGWAY CCNSTR UC T ION COMPANY , GRANTED BY RESCLUTICN NO , 2896 , SEPTEMBER 20 , 1965 AND FURTHER EXTENDED FRCM TII�/iE TO TIME , Mr . Robert Ridgway and his attorney , 1/ir . William Rosen , were present. RESOLUTION NC . 3539 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3539 , entitled , "Resolution Extending Expiration Date By Ninety Days Under Section 6 : 205 . 5 of the Zoning Ordinance for Special Permit , Ridgway Construction Company; Granted by Resolution No . 2896 , September 20 , 1965 and Further Extended by Resolution Nos . 3129 , 3204 ; 3277 , 3335 , 3362 , 3428 and 3476. " Motion carried 5 - 0 . (b ) RESOLUTION REASSESSING PART OF STCR M SEWER IMPROVEMENT NO . 65 - 07. 144 Council Meeting - June 3 , 1968 7 . ( b ) RESOLUTION NO . 3540 i It was moved by Councilman Galinson , seconded by Councilman to waive reading and adopt Resolution No . 3540 entitled , "ReSoluti,. Reassessing Part of Improvement No . 65 - 07 . Motion carried S . p ( c ) FIR ST R FADING OF OR DINANCE AMENDING TKE CR DINANCE CCL, . VIOLATIONS BUREAU Motion was made by Councilman Heltzer , seconded by Councilman Graves to defer to June 17 , 1968 . Motion carried 5 - 0. ( d ) SECOND READING OF PROPOSED ORDINANCE AUTHORIZING CONVEYANCE BY THE CITY OF ONE - HALF INTEREST IN LOTS 2 AND 15 , TEMPLE ' S GAR DEN LOTS TO VILLAGE OF N�INNETOV:1, ORDINANCE NO , 1036 It was moved by Councilman Koch , seconded by Councilman Heltzer , to waive second reading and adopt Ordinance No . 1036 entitled , " Ordinance Authorizing Conveyance By the City of One - half Interest in Lots 2 and 15 , Temple ' s Garden Lots to Village of Minnetonka. " Motion carried 5 - 0 . ( e ) SECOND READING OF PROPOSED ORDINANCE REGULATING AND LICENSING MOTOR CYCLES , MOTOR SCOOTERS AND MOTOR BIKE� ORDINANCE NO . 1037 It was moved by Councilman Koch , seconded by Councilman Galir' sonl to waive second reading and adopt Ordinance No . 1037 entitled , "A` Ordinance Regulating and Licensing Motorcycles , Motor Scooters Motor Bikes . " Motion carried 5 - 00 ( f ) FIRST READING OF PROPOSED ORDINANCE AMENDING CRDli NO . 1028 ENTITLED "AN ORDINANCE AMENDING THE ST* L� JIS PARK ZONING zpNLNG ORDINANCr, CHANGING BOUNDARIES OF DISTRICTS " ( MAX WEINGAR DEN , 4130 EXCELSIOR BOULEvAFL . Motion was made by Councilman Heltzer , seconded by C0111' cilrnan Graves , to waive first reading of proposed ordinance and set date for second reading June 10 , 19680 Iviotion passed by 5 yea vote , 8 . R EPOR TS OF OFFICER S , BOAR DS AND COMMITTEES ( a ) REPORT OF EMPLOYEE APPOINTI,iENTS 145 Council Minutes •• June 3 , 1968 8. ( a ) It was moved by Councilman Heltzer , seconded b to approve the following appointments ; Y Councilman Graves , Roman Braunberger , Probationary Laborer II , Street Department , Range PW6 , Step A , effective June 3 , 1968 . Paula Borken , Probationary Clerk I , Police Department , Range GC5 ; Step B : effective June 10 , 1968 . Motion passed by a five yea vote . ( b ) MINUTES OF PLANNING COMMISSION IV±EETING HELD MAY 15 , 1968 Upon hearing no objection the President Pro Tem Froward ordered the minutes received for filing . ( c ) REPORT OF CITY MANAGER ON SOIL BORINGS FOR PROPOSED COhr! MUNITY CENTER SITE IV� r . Robert Lang , Chairman of Parks and Recreation Commission , was present to express the need for borings and ask for the guidance of the Council, Councilman Galinson moved that staff hire such personnel as necessary to prepare soil borings on Carpenter and Aquila Park sites , not to exceed $ 1 , 500 . Councilman Koch seconded. Motion lost , Councilmen Galinson , Koch and Howard voting yea and Councilmen Heltzer and Graves voting nay, ( d ) MINUTES OF PARKS AND RECREATION COMMISSION &LEE TING HELD Iv AY 28 , 1968 Upon hearing no objection , President Pro Tem hioward ordered the minutes be received for filing . 9 . UNFINISHED BUSINESS ( a ) PROPOSED AGREEMENT WITH THE CITY CF MINNEAPCLIS RELATIVE TO CONSTRUCTION OF STCRM SEWER SYSTEM , CITY PROJECT NO . 62 - 85 ( DEFERRED FRCM MAY 20 , 1968 ) . Motion was made by Councilman Heltzer , seconded by Councilman Koch , to approve and to authorize the Mayor and City Manager to execute on behalf of the City. Motion carried 5 - 0 . ( b ) PR C GR ESS REPORT ON WORKABLE PROGRAM ( DEFERRED FR CM MAY 20 , 1968 ) It was moved by Councilman Galinson , seconded by Councilman Graves , to defer to June 10 , 1968 . Motion carried with five yeas . - 146 Council Minutes - June 3 , 1963 VARIANCE FROM PROVISIONS OF SECTION 6 : 172 op 9 . ( c ) PROPOSED THE ZONING ORDINANCE TO PER MIT A SIDE YARD WIDTH QF SIX FEET INSTEAD OF ThiE REQUIRED FIF 'T' EEN FEET CN WEST LOT LINE AT 7204 tiiINNETONK.A BOULEVARD , REQUESTED EY BOULEVARD DEL , INC . ( CASE NO . 67. 41 - VAR . ) - DEFERRED FROM MAY 13 , 1968 ) . On motion of Councilman Heltzer , seconded by Councilman Graves , the proposed variance was denied. Niotion carried with Councilmen helzer , Galinson , Graves and Koch voting yea and Councilman Howard voting nay. 10 , NEW BUSINESS (a ) APPOINTMENT OF ACTING CITY MANAGER Cn motion of Councilman Galinson , seconded by Councilman Heltzer , Earl Hanson was appointed Acting City Manager effective June 8 , 1968. Motion carried 5 - 0 . (b ) APPOINTMENTS TO HUMAN RIGHTS COM LISSION It was moved by Councilman Koch , seconded by Councilman Heltzer , to approve the following appointments to the Human Rights Commission ; Three Year Term : Firs . Elly Anderson Rev . Raymond Baines Ivir s . Rosalie Goldstein Rabbi Arnold Goodman Lloyd Graven Two Year Term : Firs . Rose Albertson Melvyn Javinsky Paul Kleverkamp Lou Schoen ( Shane ) IVArs . Lorraine Taylor One Year Term : Bruce Aplin Mrs . Lucille Evans John Levine Charles Lewis Mrs . Judy Soderberg Motion carried with five yeas . Councilman Koch moved to a chairman. CounPPoint Lloyd Gravens as temporary p man Eeltzer seconded and the motion carried 5 cil 147 -� Council Meeting - June 3 , 1968 10 . ( c ) REQUEST FROM TAL &LUD TORAH OF MINNEAPOLIS REGARDING THEIR BUILDING EXPANSION PLANS . The applicant requested that this be removed from the agenda . 11 . MISCELLANEOUS ( a ) Damage Claims - Evan Rose , ZZ40 Pennsylvania Councilman Heltzer made a motion to file claim with the City Clerk for proper action by the City Manager and City Attorney. Councilman Galinson seconded and the motion carried with five yeas . (b ) REQUEST FOR SANITARY SEWER HCCK - UP WITH MINNETONKA lv.Layor Cooley of iviinnetonka was present to explain of their desire to hook up to an existing 12 " sanitary sewer main. It was suggested that the agreement be drawn by Minnetonka and presented to the City Attorney. (c ) REQUEST FOR LITTER CLEAN - UP ON INGLEWOOD AND MINNETONKA AND REQUEST FOR REASON FOR ELIMINATION OF SOME GREEN AREA NEAR THE LINCCLN DEL Councilman Galinson said that he had been informed by Mr . Leland Gottstein that the area on Inglewood and Minnetonka is run down and should be looked into by Staff, as well as some elimination of green area near the Lincoln Del. It was suggested that the building Zepart - ment bring back a report on these matters on June 10 , 1968 . ( d ) JOINT USE OF POLICE PERSONNEL AND EQUIPMENT Council requested a report from the Law Department on this item for June 24 , 1968 . ( e ) CARRYING OF CONCEALED WEAPONS Council requested report from the Law Department on Carrying of Concealed weapons . 1Z . CLAIMS , APPROPRIATICNS AND CONTRACT PAYMENTS (a ) VERIFIED CLAIMS Gn motion of Councilman Heltzer, seconded by Councilman Koch , the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 3 , 1968 in the total amounts of $ 4 , 130 . 98 for 148 g Council 1Vleetin - June 3 , 1968 a roll , and $ 45 , 055 . 58 for vendors were approved , and the City 12 . ( a ) P Y and City Treasurer were authorized to isS 1Nianager , City Clerk , ue checks covering same by a five yea vote . (b ) PAYMENTS ON CONTRACT WORK ( 1 ) Partial Payment No . 11 - Storm Sewer and Appurtenant Work . Project No . 66 - 2 . Contractor , Beatson & Kelly , Inc . - Amount, , $ 85 , 326 . 84 . ( 2 ) Partial Payment No . 6 - Asphalt paving , concrete curb and gutter and sidewalk - Project Nos . 65 - 10 , 66 - 109 66 - 56 and 66 - 75 - Contractor , C . S. McCrossan , Inc . Amount, $ 30 , 155, 72, Cn motion of Councilman Heltzer , seconded by Councilman Graves , 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 five yea vote . Be ADJOURNMENT Cn motion of Councilman Galinson , seconded by Councilman Heltzer , the meeting was adjourned at 10 ; 20 pm. by a five yea vote . Frank Howar e ident Pro Tern Attest : Alice M . Carlson Actg , Secretary 149