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HomeMy WebLinkAbout1968/07/17 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA June 17 , 1968 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Thiel at 8 : 10 p . m . 2 . INVOCATION Invocation was given by Peter Cotton , Assistant to the City Manager , 3 . ROLL CALL The following councilmen were present at roll call : Murray Galinson Richard Graves James Heltzer Richard Koch Leonard Thiel Also present were the Acting City Manager , City Attorney , City Assessor , Planning Director , Director of Public Works and Secretary . Following the roll call there was a presentation of a plaque by the Veterans of Foreign Wars and American Legion honoring those St . Louis Park men who have died in the Viet Nam conflict. 4 . MINUTES On motion of Councilman Koch , seconded by Councilman Graves , the minutes of the regular meeting held June 10 , 1968 , were approved by a five yea vote with Item 5 ( e ) , last paragraph , Page 153 amended to read , " Motion carried 7 - 0 . " and Item & 0 (b ) , Page 156 amended to read if . . . . to survey all municipal , commercial and apartment parking lots . . " 5 . PUBLIC HEARINGS ( a ) APPLICATION FOR LICENSE TOSELL UOR STORE INTXICAT13912LIQUOR ELSIOR ON - SALE AND OFF - SALE AT AL' S BOULEVARD BY WALTER HOLME ( RR ) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 6 AND JUNE 131 1968 Mayor Thiel opened the hearing on this matter . There being no one present interested in this item , Mayor Thiel 158 Council Minutes - June 17 , 1968 5 . ( a ) declared the hearing closed . It was moved by Councilman Koch , seconded by Councilman Graves , to approve issuance of license ( subject to approval of State Liquor Control Commission for off - sale ) . Motion carried 5 - 0 . (b ) IMPROVEMENT NO. 66 - 17 , PROPOSED STORM SEWER , AREA BOUNDED IN GENERAL BY TRUNK HIGHWAY 100 , SUMTER AVENUE AND GORHA. M AVENUE , MINNETONKA BOULEVARD AND THE MILWAUKEE RAILROAD , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 23 AND MAY 30 , 1968 . Mayor Thiel opened the hearing . The Director of Public Works described the project and what it would accomplish for this area and their drainage problems . Acting City Manager explained the assessment policy as it pertains to storm sewers . D . H . Witstine , 3254 Alabama Avenue ; Arvid Oas , 3356 Yosemite , C . Puffer , 3340 Alabama Avenue ; L . P . Mason , representing the Chicago and Northwestern Railway ; Stan Nordell , 3328 Yosemite Avenue were present and spoke in opposition to the storm sewer project . T Mr . Sando , 2936 Georgia Avenue ; Richard Batzner , 3056 Oregon f Avenue ; Walter Fr i2 3135 Quebec Avenue ; Milt Creer , 2836 f Nevada Avenue ; Virgil Panitzke , 3133 Oregon Avenue ; Dale Johris *n# 3217 Sumter Avenue , and Jerry Sunseth , 3000 Idaho Avenue had questions concerning the project which were answered by Staff * Mayor Thiel declared the hearing closed . On motion of Councilman Heltzer , seconded by Councilman Galinson , this matter was deferred to June 24 , 1968 . Motion carried 5 - 0 . 6 . PETITIONS , REQUESTS AND COMMUNICATIONS ( a ) APPLICATION FOR NEW LICENSE TO SELL NON - INTOXICATING MALT LIQUOR OFF - SALE - BY LAVERN Co VOLLBRECHT , 1 MEADOW BROOK COUNTRY BOY , 6920 MEADOWBROOK BLVD . It was moved by Councilman Galinson , seconded by Councilman Koch , to approve issuance of the license . Motion carried 5 - 0 . ( b ) REQUEST TO REVIEW VARIANCE REQUEST OF BOULEVARD DEL, INC . , 7204 MINNETONKA BOULEVARD ( CASE NO . 67 - 41 - VAR ' 159 Council Minutes - June 17 , 1968 6 ( b ) It was moved by Councilman Graves , seconded b Co Heltzer , to reconsider the request for variance . yMot on carried 5 - 0 . Mr . Leo Dorfman , representing Boulevard Del resent explain the request and told of the efforts made •by his was client toto resolve the irritations that had been caused to the neighbor at the rear of the parking lot , Mro Mark Rodman , 400 Dain Tower , representing Irving Aaron , abutting property o to explain that all of the irritationsw had not beener , was present City Attorney stated that the variance has to do with nonacomhl anc with set - back requirements on the Maryland Avenue side of the e property . Councilman Galinson made a motion to grant the variance but the motion lost for lack of a second . It was moved by Councilman Koch , seconded by Council Graves , to deny the request . Motion lost 3 - 2 , Councilmen Galinson and Thiel voting nay , Councilman Galinson then moved to approve the request . This motion was seconded by Councilman Graves but also lost 3 - 21 Councilmen Graves , Heltzer and Koch voting nay. Councilman Graves moved to defer the matter to June 24. After some discussion , he withdrew his motion . Councilman Galinson then moved to deny the request , but withdrew his motion . Mayor Thiel ordered the matter be put on the agenda for June 24 , 1968 . After further discussion he withdrew this order . Councilman Koch moved to reconsider Councilman Graves ' original motion to reconsider the request . Councilman Graves seconded and the 'motion carried 5 - 0 . The City Attorney stated another vote would be required and was in - formed that it had already been taken . No further action was taken . (c ) NOTIFICATION OF INTENT TO HOLD BINGO GAME ON FRIDAY AND SUNDAY FROM JUNE 30 , 1968 TO DECEMBER 31 , 1968 By ST . LOUIS PARK VFW AT 5605 WEST 36TH STREET . Councilman Galinson moved to place on the agenda of June 24 a resolution objecting to bingo on the dates between June 30 and July 13 , 1968 , Councilman Koch seconded and the motion carried 5 0 . 160 Council Minutes - June 17 , 1968 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZING COUNCIL SURVEY , INVESTIGATION , RESEARCH AND STUDY INTO CODE ENFORCEMENT AND PER - SONNEL NEEDS IN THE CITY OF STo LOUIS PARK . RESOLUTION NO . 3544 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3544 entitled , " Resolution Authorizing Council Survey , Investigation , Research and Study into Code Enforcement and Personnel Needs in the City of St . Louis Park . " Motion passed with a 4 - 1 vote , Mayor Thiel voting nay . (b ) FIRST READING OF ORDINANCE AMENDING THE ORDINANCE CODE VIOLATIONS BUREAU ( DEFERRED FROM JUNE 3 , 1968 ) . Councilman Graves moved to defer this matter to June 24 for a report from the City Manager . Councilman Galinson seconded the motion which carried 5 - Oa (c ) SECOND READING OF PROPOSED ORDINANCE FOR REZONING A PORTION OF THE 3700 BLOCK ON OREGON AVENUE FROM I - 1 TO R - 2 DISTRICT ( CASE NO. 65 - 40 - Z . ) - INITIATED BY CITY COUNCIL, ORDINANCE NO, 1039 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive second reading and adopt Ordinance No . 1039 entitled , " An Ordinance Amending the St . Louis Park Zoning Ordinance Changing Boundaries of Zoning Districts . " Motion passed with a five yea vote . 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) GARBAGE COLLECTION Since the report was not complete , Councilman Heltzer moved to defer action on this matter to June 24 . Motion was seconded by Councilman Graves and carried 5 - 0 . (b ) REPORT OF THE PLANNING COMMISSION ( CASE NO. 68 - 17 - S . P * ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF BARNEY J . RUBEL TO AMEND A SPECIAL PERMIT FOR A 38 161 i Council Minute s - June 17 , 1968 8 , (b ) UNIT APARTMENT BUILDING BY INCLUDING THE USE OF PROPERTY AT 3128 SALEM FOR ACCESS TO THE BRITTANY APARTMENTS , Hyman Edelman , 1200 Builders Exchange , representing B . J . Rubel , explained their request for special permit . Also speaking on behalf of the applicant were Mr . Christenson , manager of the Brittany Apartments , and Mrs Sadoff , one of the residents . The Planning Director explained the original permit showing a rendering of the site and the relationship of the proposed driveway to the present site. Present in opposition were W . Bernstein , 3116 Salem , Emil Kadlec , 3138 Salem , Don Sewall , 3109 Salem , W . Lien , 3132 Salem and Miss Reid , 3125 Salem , Councilman Graves moved to deny the request for the amendment to the special permit . Motion was seconded by Councilman Koch and carried 5 - 0 . (c ) REPORT OF DEPARTMENT OF PUBLIC WORKS ON THE FINISHING AND MAINTENANCE OF THE MUNICIPAL PARKING LOT AT 2922 INGLEWOOD ( REQUESTED BY COUNCIL JUNE 10 , 1968 ) . The Director of Public Works explained that the grass had been cut and that the finishing of this lot would be added to another larger contract for completion this year . (d ) MINUTES OF PLANNING COMMISSION MEETING HELD JUNE 5 , 1968 . On hearing no objection the minutes were ordered by the Mayor to be received for filing , 9 . UNFINISHED BUSINESS (a ) AWARD OF CONTRACT FOR SANITARY SEWER , WATER MAIN AND STORM SEWER , IMPROVEMENT NOS . 65 - 45A , 65 - 45B , 65 - 45C , 65 - 68B2 67 - 43 , 67 - 58 , 66 - 25 , 66 - 269 67 - 32 , 68 - 068 68 - 08 and 68 - 13 . RESOLUTION NO. 3 545 ' It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3545 entitled , " Resolution Accepting Bid For Sanitary Sewer , Water Main and 162 i Council Minutes - June 17 , 1968 9 . ( a ) Storm Sewer , Improvement Nos . 65 - 45A , 65 - 45B , 65 - 45C , 65 - 68B , 67 - 43 , 67 - 58 , 66 - 25 , 66 - 261 67 - 321 68 - 060 68 - 08 and 68 - 13 . " Motion passed with a five yea vote . (b ) NOTIFICATION OF INTENT TO HOLD BINGO GAME ON SPECIFIED DATES BETWEEN JUNE. 19 AND DECEMBER 18 , 1968 - BY MINNEAPOLIS GOLF CLUB ( DEFERRED FROM JUNE 10 , 1968 ) . Stanley Hale , Manager of the Minneapolis Golf Club , was present , The City Attorney explained the illegality of bingo on premises licensed for liquor . It was moved by Councilman Galinson , seconded by Councilman Koch , to direct the City Attorney to prepare a resolution objecting to bingo at the Minneapolis Golf Club . Motion carried with a five yea vote . 10 . NEW BUSINESS ( a ) RESIGNATIONS OF MEMBERS OF BOARDS AND COMMISSIONS Resignations of John D . Levine from the Board of Zoning Appeals 1 and S . Allen Friedman from the Planning Commission were received . It was suggested that resumes for these vacancies be submitted by July 1 so that appointments can be made at that meeting . (b ) BUDGET JUSTIFICATION Councilman Koch requested that this item be put on the agenda for the meeting of June 24 , 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Mrs , Richard C . Curtis , 4020 Lynn Avenue . A motion was made by Councilman Koch , seconded by Councilman Graves , to file claim with the City Clerk for proper action by the City Manager and City Attorney . Motion passed with a five yea vote . , 12 . CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS , 163 Council Minute s - June 17 , 1968 12 . ( a ) On motion of Councilman Koch , seconded by Councilman Heltzer , the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 17 , 1968 in the total amounts of $ 5 , 353 . 02 for payroll , and $ 261 , 979 . 44 for vendors were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks covering same by a five yea vote . (b ) CONTRACT PAYMENTS 1 . Final Payment . Mechanical Construction for Municipal Library Building . Contractor Whelan Company , Inc . Amount , $ 8 , 228 . 00 . RESOLUTION NO, 3 546 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3546 entitled " Resolution Accepting Work Mechanical Construction For Municipal Library Building . It Motion passed with a five yea vote . 2 . Final Payment , Concrete Alley Paving and Grading , Imp . Nos , 65 - 33 , 64 - 09 and 67 - 37 . Contractor , Victor Carlson & Sons , Inc . Amount - $ 39 , 084 , 34 . RESOLUTION NO . 3 547 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3547 entitled " Resolution Accepting Work on Concrete Alley Paving and Grading Improvement Nos . 65 - 33 , 64 - 09 and 67 - 37 . " Motion passed with a five yea vote . 13 . ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Heltzer , the meeting was adjourned at 12 : 35 p . m . b =ve - yeate . Le and J . Th& el7 Attest : I11ice M. Carlson , Secretary 164