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
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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