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HomeMy WebLinkAbout1969/10/13 - ADMIN - Minutes - City Council - Regular rVfINUTES OF CITY COUNCIL MEETING ST . LOUIS Pi-� RK , MINNESOTA October 13 , 1969 i 1 . CALL TO ORDER of the Cit Council was called to order by A regular meeting Y Mayor Thiel at 8 : 12 P • m . 2 . INVOCATION Invocation was given by Councilman Frank Howard . 3 . ROLL CALL following Councilmen were present at roll call : The g Nurray Galinson Richard Graves James Heltze r Frank Howard Robert Reynolds Leonard Thiel i Also presen were the Acting City Manager , City Assessor , Planning t Director , Director of Public Works , and Secretary . John R . Magney was presented with an award for his service i Mr . + sory Commission from on the Building Construction Codes and Advi 1 a January 1963 to January 1968 * Councilman Koch arrived at 8 : 30 p . m . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman sn special es , the minutes of the regular meeting held October 6 and p meeting also held October 6 , 1969 were approved by a six yea vote . 5 . PUBLIC HEARINGS a ) PROPOSED SPECIAL ASSESSMFINT FOR IMPROVEMENTS CONjPLETED WITHIN THE CITY , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 25 , 1969s Mayor Thiel opened the hearing . f Mr . S , Broberg , 2943 Monterey Avenue , explained that about 28 feet of sidewalk was removed and replaced in error . The City Engineer said that this was an error of the contractor and 308 G oun� it Vinute s , October 13 , 1969 50 he would have to stand the cost . Councilman Howard moved to remove Ypr . Broberg ' s assessment for 28 . 7 feet of sidewalk repair from the assessment . Councilman heltzer seconded and the motion carried 6 - 0 . ( Councilman Koch was not present ) . 1\,' r . Allan Branbury , 3736 Inglewood Avenue , explained that he had a new approach that was dug out by the contractor . The .Director of Public W orks explained tha : because of the grade none could be left in place . After investigation and later in the meeting because no more information was available , Councilman Howard moved that the assessment be removed . Councilman Craves seconded and the motion carried 7 - 0 . Mr . William Addington , 3937 Kipling Avenue , said that sidewalk had been removed by the contractor that was not marked for removal and that some had been ruined by the sodding contractor . Council - man Howard moved to take 74 sq . ft . 8 " out of this assessment . Councilman Galinson seconded and the motion carried 7 - 0 . Mr . John Nelson , 3624 Glenhurst , indicated that in putting in the sidewalk which was to be replaced about 10 ft . more were ruined . Councilman Galinson moved that 10 lin , ft . at 3624 Glenhurst be removed from the assessment ° Councilman Reynolds seconded and the motion carried 7 - 0 . Mr . Wittman , 3620 Glenhurst Avenue , informed Council by letter that 15 lin , ft , was removed by carelessness . Councilman Reynolds moved to remove 15 lino ft . from the assessment . Councilman Graves seconded and the motion carried 7 - 0 . Mr . Ray Racette , 4900 Vallacher , stated that the sidewalk that was replaced was a result of the City ' s removal of a boulevard tree . Councilman Graves moved to remove from the assessment roll . Councilman Reynolds seconded and the motion carried 7 - 0 • ipling Avenue , explained that 11 . 9 ' Mrs . Carl I�olzin er , 3765 K hat was only nine th x 6 ' of sidewalk was replaced tetass old * Councilman Reynolds moved to remove this fr carried 7 - 0 . roll . Councilman Galinson seconded and the motion s peaking on behalf of r/ r . John Bix , 4143 Excelsior Boulevard , p Mro Sam Bix at that address , said that two slabs of sidewalk laced . ouncilman Reynolds m ° ed thatv were unnecessarily reC p C this be removed from the assessment . ounc �t.,,, an Gra hiel voting naye and the motion carried 6 - 1 , Mayor T 309 Council Minutes , October 13 , 1969 a Mr . Sam Jaffy , 2601 i�. :onterey , objected to the assessment for 5 • ( , the improvement of his street because he felt that the widening of r11.onterey was a detriment rather than a benefit tothe s prroper y . Council sugtaff gested that 1;rr . Jaffy file an appeal and t investigate the property for actual benefits . Mr . Manfred Schulz , represented his mother at 3900 Natchez Avenue . He felt that the sidewalk repl - : ced was unnecessary. Council ate to se suggested that he file an appeal and that staff invest ged of thee Of an adjustment should 'ae made , and that he be nota decision . Mr . Stanley Mrozek , 3754 Inglewood , explained that two of the replaced sidewalk slabs were holding water . He was told that the Engineering Department would investigate this with him . Mr . Harold Bradley ; 4700 Va„llacher , said that water accumulates in his driveway . He requested that the staff inspect his problem . and was assured that this would be taken care of . rir . Anthony Graziano 3924 Cttawa , explained that his driveway is too high in front . He was told that this would be investigated by the engineering staff Mr . M. So hill , X545 Zinran Avenue , said that sidewalk was all put in and was now torn out. - The Director of Public Works told him that this was -being replaced by the contractor because it did not pass city inspection . Mr . Tyrer , 3532 Glenhurst Avenue , explained that five slabs had been replaced instead of four because the contractor had cracked one . Councilman Graves moved to remove one slab from the assessment . Councils-. an Reynolds seconded and the motion carried 7 - 0 . IV.'.r . M. J . Englebert , 3650 France Avenue , asked if the City was going to improve France Avenue . He was told that this is a state highway . Mr . Jack Byers , 4043 Quentin Avenue , said that he was assessed for side street improvements . He felt that this did not benefit his property. Council explained to him the assessment policy regarding side streets , ( Council recessed for ten minutes ) . Mr . John Bix, attorney , was present to speak on behalf of the residents on Excelsior Boulevard concerning their side street assessments . Councilman Reynolds moved to reduce the assess - ment from $ 8 . 00 per depth foot to $4 . 00 per depth foot . Councilman `� 310 — Council minutes , October 13 , 1969 5 ( a ) Howard seconded and the motion carried unanimously . Iver . Manfred Schulz , representing his mother at 3900 Natchez , also questioned the necessity of replacing of curb and gutter , and it was suggested that he file an appeal . Mr . Dan Blount , 3543 Texas Avenue , objected to alley paving assessment ( Imp . No , 68 - 31 because his property does not adjoin the alley and he has no accesij to it . Councilman Graves moved to remove this assessment . Councilman Galinson seconded and the motion carried unanimously , Upon hearing no further discussion , Mayor Thiel declared the hearing closed . RESOLUTION NO . 3845 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3845 , as amended , entitled ., " Resolution Adopting Assessment. " Motion carried unanimously . 6. PETITIONS , REQUESTS , AND COY. MUNICATIONS None 7 . RESOLUTIONS AND ORDINANCES (a ) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES RESOLUTION NO. 3846 It was moved by Councilman Howard , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3846 entitled , " Resolution Setting Polling Places and Naming Election Judges for General City Election , November 4 , 1969 • R'otion carried unanimously . 8 . REPORTS OF OFFICERS , BOARDS , AND C01,,1MITTEES (a ) REPORT OF PARKING STUDY MINNETONKA BOULEVARD FROM DAKOTA TO EDGEW OOD . Councilman Galinson moved to remove "no parking - 4 - 6 p . m * " from h-11i nnetonka Boulevard at this location , Councilman Koch seconded but after further discuss ' " Councilman Galinson . withdrew his motion . It was the opinion of Council that in the interest of safety these signs remain . 3101 woo Council y' inutes , October 13 , 1969 8 . (b ) REPORT OF PARKING STUDY - RALEIGH AVENUE FROM WEST 36TH STREET TO 175 ' NORTH . RESOLUTION NO . 3847 It was moved by Councilman Graves , seconded by Councilman 3847 entitled , Koch , to waive reading and adopt Resolution Nic o * 3847 Signs " Resolution Authorizing Placement of n affmousl . g � � � tion carried unani y Regulating Parking . �_ o (c ) REPORT OF STOP SIGN STUDY - INTERSECTION OF FRANKLIN AVENUE WITH j,'ARYi,AND AVENUE , NEVADA AVENUE OREGON AVENUE . It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive reading and adopt resolution authorizing placement of stop signs . No vote was . taken on the motion . It was the opinion of Councilman Galinson that the placement of these signs on the corners where indicated would be a means of causing the traffic to use Franklin whenever possible , which the Council wanted to avoid . He felt that the residents in the area should be consulted to consider their views . Councilman Howard indicated he would set up such a meeting . On motion by Councilman Reynolds , seconded by Councilman Galinson , the matter was tabled by a unanimous vote . ( d ) MINUTES OF PLANNING COMMISSION 1/1,: ETING HELD OCTOBER 1 , 1969 There was discussion concerning park plans in the Shelard Park Addition . Councilman Reynolds moved that the Planning Commission be asked to consider changing the zoning ordinance so that open space could be included as density and remain in the developer Is ownership . Councilman Graves seconded and the motion carried unanimously . Councilman Heltzer moved to place on agenda November 10 all concepts and plans now available on Shelard Park for consideration by the Council . Councilman Graves seconded and the motion carried unanimously . Upon hearing no further discussion , the minutes were ordered by the iti_ ayor to be received for filing . 312 Council minutes , October 13 , 1969 8 ( e ) REPORT ON PARKING STUD f - 3900 BLOCK , ZARTHAN AVENUE RESOLUTION NO. 3848 it was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3848 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking , and Repealing That Portion of Resolution No . 3681 Entitled ' Resolution Authorizing Placement of Traffic Control Signs Regulating Parking Setting Limits on Parking on Zarthan Avenue , 3900 Block ' . " �: ' otion carried unanimously . (f ) REPORT ON PARKING STUD f - LAKE STREET BETWEEN DAKOTA AND BRUNSWICK AVENUE RESOLUTION NO, 3849 It was moved by Councilman Graves , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3849 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking . " . 'otion carri Ted unanimously . ( g ) REPORT ON PARKING STUDY - NATCHEZ AVENUE FROM EXCELSIOR BOULEVARD TO VALLACHER - EXCELSIOR , JENNINGS LIQUOR TO NATCHEZ ( NORTH SIDE ) - EXCELSIOR BOULEVARD , KIPLING TO JOPPA (SOUTH SIDE ) . Mrs . Harold Bradley , 4700 Vallacher , urged placing of restrictions because of parking problem on the street adjacent to her home . Councilman Galinson moved to amend to extend the restriction to 39th Street but later withdrew the motion. RESOLUTION NO. 3850 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3850 ( amended to one hour parking ) entitled , " Resolution Authorizing Plac em of Traffic Control Signs Regulating Parking . " Motion carried unanimously . (h R P SIGN STUDY - YOS �. MITE AVENUE AND THE SPORT ON STOP NORTH SERVICE ROAD OF TRUNK HIG1-iVVA NO. 7 RLS OLUTION NO. 3_x-1 ilman ins on It was moved by Councseconded by Councilman 313 --- Council Minutes , October 13 , 1969 8 . (h ) Koch , to waive reading and adopt Resolution No . 3851 entitled , r Traffic Stop Signs fo " Resolution Authorizing Placement of p g Avenue and the North Service Control at Intersection Yosemite " tion carried unanimously. �I � _ o Road of Trunk Highway No . 7 . ( i ) REPORT OF PARKING STUDY - JE1� SEY AVJEJNUE FROM TRUNK HIGHWAY NO. 12 TO WEST 14TH S TREE T . RESOLUTION NO. 3852 It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive reading and - adopt Resolution No . 3852 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking . " Motion carried unanimously . The residents had been contacted and there was no negative response . (j ) REPORT ON PARKING STUDY - DAKOTA AVENUE BETWEEN WEST 33rd STREET AND 440 ' NORTH . RESOLUTION NO . 3853 It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3853 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking . " Motion carried unanimously . The residents had been contacted and there was no negative response . 9 . UNFINISHED BUSINESS ( a ) PROPOSED VARIANCE ( CASA NO. 69 - 39 - VAR . ) AND AN' END - MENT TO SPECIAL PERMIT ( CASE NO, 69 - 44 - S . P . ) - 3200 VIRGINIA AVENUE - REQUESTED BY SAM SEGAL AND CHARLES WAISS ( TABLED SEPTEMBER 29 , 1969 ) . Councilman Galinson moved to remove from table the proposed variance and amendment to special permit ( canopy in setback area ). Councilman Koch seconded and the motion carried unanimously . Councilman Koch moved that both requests be denied for the following reasons . The lot is not narrow , shallow , unusually shaped , nor does it contain any exceptional topographic or water 314 council Minutes , October 13 , 1969 9 • (a ) conditions or other extraordinary and exceptional conditions required to exist for a variance under the provisions of the zoning ordinance The strict application of the provisions of the zoning ordinance in no way result in a peculiar and practical difficulty or exceptional or undue hardship upon the owners of the subject lot in developing or using the subject lot in a manner customary and legally permissible within the R - 4 District , the district in which the subject lot is located . Granting the variances would be contrary to the spirit and intent of the zoning ordinance . It would be contrary to the Comprehensive Plan . It would undermine the soundness of the zoning . And it would merely serve as a convenience to the applicants . The City Attorney indicated that it would be illegal to grant such a variance . Councilman Galinson seconded the motion which carried unanimously . 10 . NEW BUSINESS (a ) LAND ACS' UISITION - FOR PARK PURPOSES - FROl`. ' CHARLES &19 FREIDI EIivi C OIV PAN Y - W OLFE PARK - Lot 5 , Block 4 , Westmoreland Park It was moved by Councilman Reynolds , seconded by Councilman Graves , to accept deed and authorize City Clerk to file same for record . (b ) SCHEDULE FOR INTERVIEWS WITH ARCHITECTS Councilman Reynolds moved to schedule two interviews 1, with architects at 6 : 30 p . m . , October 27 , 1969 , i: : otion was seconded by Councilman Koch , Councilrman Galinson moved to amend the motion to include one more firm . Motion lost for lack of a second . Motion carried 6 - 1 , Councilman Galinson voting nay* il • h�ISCELLANEOUS ( a ) COMMISSION APPOINTMENTS Councilman Heltzer moved to appoint Seymour Druskin to the Planning Commission to fill the unexpired term of Irving Stern ( expiring 12 / 31 / 70 ) . Councilman Koch seconded and the motion carried 6 - 1 , Mayor Thiel voting nay , not because he opposed this particular appointment but because he objected to the method used . 315 Council h-linute s , October 13 , 1969 11 . ( a ) Councilman Galinson moved to meet at 7 : 30 p . m . , October 20 , 1969 to make remaining appointments , and that staff send letters to persons who have indicated interest in serving on various corn - missions * orn - missions . Councilman Graves seconded and the motion carried unanimously . (b ) APPRAISAL OF PROPERTY NORTH OF WEST 26Th STREET ADJACr. NT TO NELSON PA : K Councilman Reynolds moved to authorize City 11, sanager to hire appraiser at a cost - not to exceed $400 . Councilman Graves seconded and the motion carried unanimously . After discussion , Councilman Galinson moved to reconsider . Councilman Reynolds seconded and the motion carried unanimously. It was then moved by Councilman Reynolds , seconded by Councilman Howard , to table . h &otion :tarried 5 - 2 : Councilmen Graves and Heltzer voting r__ ay . Councilman Reynolds moved that staff prepare a report on feasibility of acquiring this land and building .., its proposed use , etc . , and the feasibility of getting federal funds , with the report back to Council November 3 . Councilman Craves seconded and the motion carried unanimously , 12 . CLAINfS , APPROPRIA. TJONS , AND CONTRACT PAYMENTS ( a ) CONTRACT P A YME NTS 1 . Final Payment , Improvement No . 65 - 01 , Concrete Retaining Wall , Berglund - Johnson , Inc . ( Tabled December 23 , 1968 ) . Councilman Graves rnoved to remove from table . Councilman Reynolds seconded and t -ne motion carried unanimously . RESOLUTION NO , 3 854 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3854 entitlecT, " Resolution Accepting Work on Concrete Retaining Wall Improvement No . 65 - 01 . it Notion carried unanimously . 2 , Partial Payment - Engineering Work - 11 ; ater Treatment Plants , Improvement No , 69 -41 -• $ 421 994 . 70 . 316 council %k inutes , October 13 , 1969 12 . ( a ) 2 , Councilman Reynolds moved to approve and authorize payment of $42 , 994 *0 70 to Orr - Schelen - 11payeron . Councilman Graves seconded and the motion carried unanimously . 13 . ADJ0URN1• ' ENT pn motion of Councilman Reynolds , seconded by Councilman Graves , the meeting was adjourned at 12 : 40 a . m . by a seven yea vote . (;740 Le and J . ThiK, IN ayor A est : Alice Ivi . Carlson , Secretary 317