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HomeMy WebLinkAbout1969/12/08 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETIN ST . LOUIS PARK G MINNESOTA December g , 1969 1 . CALL TO ORDER A regular meeting of the City Council was called to order b I�Ma or at 8 : 05 p . m . Y y Thiel INVOCATION Invocation was given by Revs Willard Albertson of the Prince of Peace Lutheran Church . 3 . ROLL CALL The following Councilmen were present at roll call : Richard Graves James Heltze r Frank Howard Richard Koch Robert Reynolds Leonard Thiel Also present were the City Manager , City Attorney , Planning Director , Director of Public Works , Supervisor of Zoning and Inspection , Assistant City Manager , and Secretary . Councilman Galinson arrived at 8 : 10 p . m . Councilman Graves left the meeting at 10 : 50 p . m . and Councilman Koch at 10 .1e20 p . m . 4 • MINUTES On motion of Councilman Graves , seconded by Councilman Howard , the minutes of the regular meetings held November 17 and November 24 , 19691 were approved by a six yea vote . ( Councilman Galinson was not present ) . S ' PUBLIC HEARINGS None J 64 PETITIONS , REQUESTS , AND COMMUNICATIONS (a ) NOTIFICATION OF INTENT TO HOLD BINGO GAMES - GEMELUS CHESED SYNAGOGUE T s ordered by the Mayor to be There being no objection , the notice wa received for filing . 363 ..- - Council Minutest December $ , 1969 6 . (b ) APPLICATION FOR LICENSE TO SELL INTOXICATING LIQUOR , SUNDAY SALES - MINNEAPOLIS GOLF CLUB ed b Councilman Howard , seconded by Councilman Graves , It was moved y 1969 . Niotion Carrie to set date for public hearing December 29 , 6 - 0 . ( Councilman Koch had left the meeting ) . ( ) c APPLICATIONS FOR RENEWAL OF INTOXICATING ON - SALE AND SUNDAY SALE LIQUOR LICENSES Mr . Philip Pickett , 3755 Ottawa , was present complaining about the lack of supervision outside of George ' s In the Park . Councilman Howard moved to approve the issuance of the following the licenses and acceptance of the bonds , subject to the approval State Liquor Control Commissioner : Al ' s Liquor Store , Inc . On Sale 3912 - 16 Excelsior Boulevard Ambassador Motor Hotel On Sale and Sunday Sale 5225 Wayzata Boulevard Bunny ' s On Sale 4730 Excelsior Boulevard Culbertson ' s Cafe , Inc . dba On Sale and Sunday Geolrge Faust ' s Sale 5916 Excelsior Boulevard Foo Chu Cafe , Inc . On Sale and Sunday Sale 4215 Excelsior Boulevard Jennings Red Coach Inn , Inc . On Sale and Sunday Sale 4624 - 30 Excel sior Boulevard King ' s Inn On Sale and Sunday Sale Excelsior Blvd . & Highway 100 Lincoln Del West On Sale and Sunday Sale 5201 Wayzata Boulevard McCarthy ' s On Sale and Sunday Sale 5600 Wayzata Boulevard j Reiss ' , Inc . On Sale 6910 West Lake Street 364 Gaunc it Minutes , December 8 , 1969 6 . (c ) Royal Court On Sale and Sunday Sale Knollwood Plaza Minneapolis Golf Club On Sale ( Club ) 2001 Flag Avenue Frank Lundberg Am . Legion On Sale ( Club ) 5707 Excelsior Boulevard V . F . W . No . 5632 On Sale ( Club ) 5605 West 36th Street The motion was seconded by Councilman Koch and carried 6 - 0 . ( Councilman Koch left the chambers before the vote was taken ) . (d ) COMMUNICATION FROM SAM SEGAL RELATIVE TO REQUESTED VARIANCE PREVIOUSLY DENIED - 3200 VIRGINIA AVENUE Mr . Sam Segal was present appealing to Council to allow canopy to remain . He said that he had built it at a cost of $ 5 , 000 and did not know that it could not be constructed on a setback area . Since there is a sewer easement in this same area , IVir . Segal stated that he had prepared a recordable release giving the City permission to go onto the easement and indemnifying the City from Iany damage that might be inflicted to the property in any manner . Councilman Howard moved that the variance be granted with the right I to go in and repair and any additional cost be borne by the property owner . Councilman Heltzer seconded the motion. Coupcilman Reynolds said that he felt that the canopy see no sway any constructed illegally , finished illegally and co uld f Councilman could justify voting for an illegal structure . The Cit Attorney explained that in order for any action to be taken i Y i there would have to be a motion to reconsider . Councilman Howard withdrew his motion and moved to reconsider . an Councilman Heltzer seconded and the motion The motion car tdo reconsider at Reynolds and Mayor Thiel voting naY • e . Vote on this motion this time was a motion to deny the Graves C Heltzer , and Howaari rd lost 3 - 4 , Councilmen Galinson , voting nay. rove was now proper . Councilman Howard asked if a procedurally ion to appt The City Attorney stemotion was in order ated that p but that he was not approving it for legality * 365 Council 1 ' nutes , December 8 , 1969 RESOLUTION ND • 3877 6 . (d ) seconded by Councilman It was moved by Councilman HowardResolution No . 3877 entitled , Heltzer , to waive reading and adopt Ground Floor " Resolution Granting Variance in Side Yard Depth , of Resolu Area Ratio , and Floor Area Ratio from the R pa k Zoning Ordinance . " Sections 6 : 094 . 3 and 6 : 094 . 2 of the 5t . Louis were to be Councilman Howard explained that he felt if the canopy its purpose cut back to the setback requirement it would Sot of sheltering people getting out of automobiles * Ids and Mayor Thiel t at It was the feeling of Councilman Reynoo no iit should not be allowed to rem since the structures illegal would be a help not a Councilman Galinson felt that the Park • hindrance to the people of St . Councilman Heltze r said that he would be in favor of changing this particular ordinance . 3877 carried The vote to waive reading and adopt Resoluti ion No * Councilman Koch 4 - 2 , Councilman Reynolds and Thiel voting y had left the meeting ) . 7 . RESOLUTIONS AND ORDINANCES ( a ) FIRST READING OF PROPOSED ORDINANCE REGULATING TSS I • DERMY ; REQUIRING LICENSE TO OPERATE SUCH A PROVISIONS AND PROVIDING PENALTIES FOR VIOLATIONS OF THE ' THEREOF It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading December 15 , 1969 . The motion carried 6 - 0 • i I ( Councilman Koch had left the meeting ) * 1 RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN(b ) HENNEPIN COUNTY NURSING DISTRICT , j RESOLUTION NO. 3878 f It was moved by Councilman Graves , seconded by Councilman q 1 Galinson , to waive reading and adopt Resolution No . 3878 entitled , , I " Resolution Relating to Participation in the Suburban Hennepin jCounty Nursing District . It The motion carried 6 - 0 . ( Councilman IKoch had left the meeting ) . 1 366 i 1 council Minutes , December 8 , 1969 ? o ( c ) RESOLUTION REQUESTING MAXIMUM ALLOTMENT FOR GE MAINTENANCE ON STATE AID STREET SYSTEM AND REQUETRAL THE STATE OF MINNESOTA TO TRANSFER FUNDS PURSUANT NG TO CHAPTER 443 SESSION LAWS OF MINNESOTA 1965 RESOLUTION NO, 3879 It was moved by Councilman Reynolds , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3879 entitled , " Resolution Requesting Maximum Allotment for General Maintenance on State Aid Street System and Requesting the State of Minnesota to Transfer Funds Pursuant to Chapter 443 Session Laws of Minnesota 1965 . " The motion carried 6 - 0 . ( Councilman Koch had left the meeting ) . (d ) RESOLUTION ACCEPTING AND RENEWING CONTRACT WITH SUBURBAN HENNEPIN COUNTY RELIEF BOARD RESOLUTION NO. 3880 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3880 entitled , " Resolution Accepting and Renewing Contract with Suburban Hennepin County Relief Board . " The motion carried 6 - 0 . ( Councilman Koch had left the meeting ) . ( e ) RESOLUTION AUTHORIZING CIT Y MANAGER TO FILE APPLICATION FOR FEDERAL OPEN SPACE GRANT - BASS LAKE AREA RESOLUTION NO. 3881 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3881 entitled , " Resolution Authorizing the City Manager to File an Application for a Federal Grant to Acquire Open Space Lane . " The motion carried 6 - 0 . ( Councilman Koch had left the meeting ) . (f ) RESOLUTION C OMME NDING CHARLES N . WILLIAMS - RETIRING FIRE CHIEF It was moved by Councilman Howard , seconded by Councilman Heltzer , to waive reading and adopt resolution entitled , " Resolution ity of Ste Commending Charles Mo Williams for Service to the n 1Koch had Louis Park . " The motion carried 6 - 0 . ( Councilor left the meeting . ) 367 Council Minutes , December 8 , 1969 8 . REPORTS OF OFFICERS , BOARDS , AND CaOMNLITTEES ( a ) REPORT CONCERNING ROLLER GARDEN ( M & C NO. 691ttt* 26 ) . Mr . Russell , Johnston , Sr . , 1401 Angelo Drive , appeared before Council . He explained that he and his son Russell , Jr . , 4809 Boone i Circle North , and his son - in - law , Bill Sahly , 1421 Constance Drive West , are in the process of purchas = ng the Roller Gardens . He said that there had been a complaint of vandalism by the neighboring apart - ] ment owners who felt thatpatrons of the Roller Garden were responsible i for damages . Mr . Johnston , Sr . introduced his son and son - in - law , Chuck Anderson , 8024 50th Avenue North , Richard St . Cyr , Coleen Johnston , Pat Sahli and his wife , Lillian , to Council . He explained that they were the managers , supervisors and employees of the Roller Garden and vouched for their dedication to a well supervised recreational facility for the youth of the community . He said that the property on which the apartment building was situated did not have a front sidewalk but instead has " keep off the grass signs . " He felt that this might be a source of the problem . Councilman Galinson moved to file the report . Councilman Graves seconded and the motion carried 7 - 0 . (b ) REPORT OF BOARD OF ZONING APPEALS ( CASE NO . 691ti* 66 - VAR . ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF HARVEY G . SWENSON FOR VARIANCE FROM SECTION 6 : 074 , 5 OF THE ZONING ORDINANCE TO PERMIT ONE 53 FT . LOT AND TWO 50 FT , LOTS INSTEAD OF THE REQUIRED 60 FEET AT 4220 - 30 RALEIGH AVENUE Mrs . Florence Enersen , 4241 Wooddale , was present requesting a public hearing . It was moved by Councilman Howard , seconded by Councilman Graves , to set date for public hearing December 29 , 1969 . The motion carried 6 - 0 . ( Councilman Graves was not present ) . ( c ) MONTHLY FINANCIAL, REPORT - OCTOBER 1969 Upon hearing no discussion , the Mayor ordered the report to be III received for filing . ( d ) REPORT CONCERNING PARKING RESTRICTION CHANGE - WEST 38TH STREET , MONTEREY DRIVE TO PRINCETON Mr . Philip Pickett , 3755 Ottawa , urged Council to change the two hour parking to one hour parking as the two hour parking did not serve the purpose . He suggested that the street between George ' s 368 Council Minutest December 3 , 1969 8 . (d ) In the Park and Jennings be vacated as accidents are caused by people coming through to avoid the traffic signal and by people walking in the middle of the street between the two establishments . Councilman Reynolds moved that a report be given Council concerning the feasibility of the vacation of this portion of Natchez Avenue . Councilman Graves seconded and the motion carried 7 - 0 . RESOLUTION NO . 3882 i It was moved by Councilman Howard , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3882 entitled , " Resolution Authorizinb Placement of Traffic Control Signs Regulating Parking and Repealing Resolution No . 3530 Entitled ' Resolution Authorizing Placement of Traffic Control Signs Regulating Parking ' . " The motion carried 7 - 0 . ( e ) REPORT RELATIVE TO TRAFFIC CONTROL - 29TH AND PRINCETON , 28TH AND RALEIGH , CEDAR LAKE AVENUE AND HUNTINGTON , AND 29TH AND QUENTIN Mr . Frank Pucci , 2837 Quentin , representing his neighbors , said he had read the traffic report recommending two way stop signs but Ifelt that four way signs were needed . J The Director of Public Works explained that the traffic count is approximately 700 v , p , d . on 29th and 180 on Quentin . He said that the four way stop should not be used except where traffic volumes are about equal in both directions . ;RESOLUTION NO. 3883 It was moved by Councilman Heltzer , seconded by Councilman Howard , Ito waive reading and adopt Resolution No . 3883 entitled , " Resolution Authorizing Placement of Traffic Control Signs and Repealing that Portion of Resolution No ., 1572 Entitled ' Resolution Authorizing Placement of Yield Right - of - Way Signs for Traffic Control Street ' Intersection of Raleigh Avenue and Salem at V4 Relating to Raleigh Avenue . " The motion carried 6 - 0 . ( Councilman g Graves was not present ) . (f ) MINUTES OF PLANNING COMMISSION MEETING HELD NOVEMBER 19 1969 er moved that staff be directed to bring problem ' Councilman Heltz hwa 7 to attention of of traffic on Texas Avenue south of Hig fission in connection with Hopkins City Council and Plan COMM seconded and the their Thoroughfare Plan . Councilman ` 3 69 Council Minutes , December 8 , 1969 8 . ( f ) motion carried 6 - 0 . ( Councilman Koch was absent ) . Councilman Heltzer moved that Council direct the City Manager to bring recommendations of consulting firms for the purpose of revising the zoning codes and related documents . Councilman Graves seconded and the motion carried 6 - 0 . ( Councilman Koch was absent ) . Councilman Reynolds moved that the item concerning vacant land at 27th Street and Dakota Avenue ( Case No . 69 - 64 - Real Estate ) be placed on the agenda December 29 , 1969 with a report on the recommended use of 27th Street in that area . Councilman Heltzer seconded and the motion carried 6 - 0 . ( Councilman Koch was not present ) . Upon hearing no further discuss ion , the. minutes were ordered by the Mayor to be received for filing . ( g ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD NOVEMBER 19 , 1969 Councilman Heltzer moved that the City Manager contact the Edina Manager , with the two communities to work out a proposal for the joint employment of a Human Rights Director , with the two communities to share the costs of salary , program , and office expenses . Councilman Galinson seconded the motion and it carried 6 - 0 . ( Councilman Koch was not present ) . Councilman Reynolds stated that he would hope the Manager would contact several other Managers to see if there would be more communities to share in this . Upon hearing no further discussion , the minutes were ordered by the Mayor to be received for filing . ( h ) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD NOVEMBER 121 1969 Upon hearing no objection , the Mayor ordered the minutes to be received for filing . 9 . UNFINISHED BUSINESS ( a ) PRIORITIES FOR PARKING CONSULTANT STUDIES ( DEFERRED FROM NOVEMBER 249 1969 ) 9 The Supervisor of Zoning and Inspection displayed and explained a map showing areas and their deficiencies . Councilman Howard moved that the first study made by the parking consultant should be the area just north and south of Minnetonka Boulevard between 370 council Minutes , December 8 , 1969 9 . ( a ) France Avenue and Joppa Avenue . Councilman Galinson seconded and the motion carried 5 - 0 . ( Counci left the meeting ) . lmen Koch and Graves had 106 N ; W BUSINESS ( a ) TABULATION OF BIDS - SEWER DRAGGING MACHINE Councilman Reynolds moved to designate Flexible Pipe Tool Co . as the lowest responsible bidder and accept bid in the amount of $4 , 825 . 20 . Councilman Galinson seconded and the motion carried 5 - 0 . ( Councilmen Graves and Koch had left the meeting ) . (b ) PROPOSED CHANGE ORDER NO. 1 - CONTRACT NO. 849 - DATE OF COMPLETION EXTENDED TO JUNE 301 1970 i Councilman Reynolds moved to authorize the City Manager to execute . Councilman Galinson seconded and the motion carried 5 - 0 . ( Councilmen Graves and Koch had left the meeting ) . 11 , MISCELLANEOUS (a ) DAMAGE CLAIMS 1 . Ray O 'Shaughnessy , 2909 Yosemite Avenue 2 . Stephen Aplin , 3409 Yukon Avenue 3 . Arthur P . Bielke , 3052 Oregon Avenue } 4 . Milton D . Cell , 2012 Texas Avenue Councilman Reynolds moved to file above claims with the City Clerk for proper action by the City Manager and City Attorney. Councilman Heltzer seconded and the motion carried 5 - 0 . ( Councilmen Graves and Koch had left the meeting ) . (b ) ICE HOCKEY NEEDS FOR THE CITY ( REQUESTED BY COUNCILMAN GA LINS ON ) Councilman Galinson explained that he had asked that c tis be and placed on the agenda because of the interest of many ility than others y because people are more concerned about suggested that a lost because of the defeated bo I nd election . Fie sugg j committee be appointed to look into these needse le on this committee should Councilman Koch suggested that people moveuickl - on this to capture the vested interests * q y West 23rd Street , president of the Hockey Mr . Bob Iviueller , 9244 Vies lishments Boosters ' Club; explained the purposes and accomp 371 A Council lviinute s , December 8 , 1969 11 . (b ) of the club . He stated the need for indoor ice facilities f er lub community and volunteered the help and cooperation of th After discussion , Councilman Galinson moved that staff be methodsdirected to to bring back , as soon as possible , alternative financing a bond referendum , in financing recreational facility ; refer to Parks and Recreation Commission the question of building piece -meal the facilities Council thought necessary for the community center project ; and that the N.Layor appoint a committee of interested citizens to look into the needs and costs of indoor skating facilities . Councilman ! Heltzer seconded and the motion carried 7 - 0 . i Mayor Thiel suggested the appointment of Bob Mueller and asked him to suggest other names for the committee . Councilman i Heltzer moved to accept Bob Mueller ' s appoint . Councilman Galinson seconded and the motion carried 7 - 0 . ! (c ) COMMUNICATIONS FROM CITY MANAGER The City Manager brought to the attention of Council the meeting in the Crystal City Hall , Thursday , = December 11 , of the Hennepin County League concerning assessments . At the recommendation of the City Manager , Councilman Reynolds moved that the City Manager be authorized to retain Henry Feikema to defend Police Officer Erickson in Pierce vs City of St . Louis Park. Councilman Howars seconded and the motion carried 5 - 0 . ( Council - men Graves and Koch had left the meeting ) . i SThe City Manager reminded Council of interviews of legal firms on Saturday , December 13 . Councilman Heltzer moved that interviews begin at 9 : 00 Saturday morning . Councilman Galinson seconded and the motion carried 5 - 0 . ( Councilmen Graves and Koch had left the meeting ) . ( d ) SNOW REMOVAL Mr . Carroll Hurd , 2950 Quentin Avenue South , appeared before the Council protesting the redepositing of snow on his shoveled walks by the County when they plow the snow from Minnetonka Boulevard . After considerable discussion , Councilman Galinson moved that the matter be referred to staff and that staff be requested to contact i the County to see if there is a means by which they can alleviate the ! problem of plowing immediately adjacent t osidewalks . Councilman Howard seconded and the motion carried with seven yeas . 372 Council Minutes , December 8 , 1969 12CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS (a ) VERIFIED CLAIMS 1 On motion of Councilman Galinson , seconded by Councilman Reynolds , the lists of verified claims prepared by the Director of Finance and presented to the Council dated December 8 , 1969 in the total amounts of $4 , 087 . 33 for payroll , and $ 77 , 439 . 53 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 . ( Councilmen Graves and Koch had left the meeting ). (b ) CONTRACT PAYMENTS 1 . Final Payment , Well No . 15 , Improvement No . 69 - 30 - Bergerson Caswell Inc . - $ 912920 20 . RESOLUTION NO, 3884 It was moved by Councilman Reynolds , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3884 entitled , " Resolution Accepting Work on Well No . 15 Improvement No . 69 - 30 . " Motion carried 5 - 0 . ( Councilmen Graves and Koch had left the meeting . ) 2 . Partial Payment No . 2 , storm sewer and water main , Improvement Nos . 65 - 469 68 - 019 68 - 47 , 69 - 069 69 - 07 , and 69 - 05 - Barbarossa & Sons , Inc . - $ 561, 7549 03 * On motion of Councilman Reynolds , seconded by Councilman Howard , the above payment on contract work presented by the City Engineer was approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue a check for the amount by a four yea vote , Councilman Galinson abstaining . ( Councilman Graves and Koch had left the meeting ) . 3 . Final Payment , storm sewer , sanitary sewer , and water main , 65 45A 65 - 45B 65 - 45C , 65 - 68B , 67 - 43 , Improvement Nos . - 67 - 58 , 66 - 25 , 66 - 26 , 67 - 329 68 - 06 , and 68 - 08 - t � G. L. Contracting , Inc . - $ 24p476 , 37 * RESOLUTION NO. 3885 Councilman Reyn olds , seconded by Councilman It was moved by Howard to waive reading and adopt Resolution No . 3885 entitled , " Resolution, • tin Work on Storm Sewer , Sanitary Sewer , and Accep g t Nos • 65 - 45A , 65 - 458 , 65 - 45C , Water Main on Imp rovemen 373 c Council. Nkinutes , December 8 , 1969 12 . (b ) 65 - 68B , 67 - 43 , 67 - 58 , 66 - 259 66 - 26 , 67 - 32 , 68 - 06 , and 68 - 08 . " Motion carried with five yeas . ( Councilmen Graves and Koch had left the meeting ) . 13 . ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Reynolds , the meeting was adjourned at 11 : 40 p . m. by a five yea vote . ( Council - men Graves and Koch had left the meeting ) . r eo rd J . Thie , yor L Attest : C.�✓1'� Alice M. Carlson , Secretary 374