HomeMy WebLinkAbout1969/08/04 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING
ST . LOUIS PARK , MINNESOTA
August 4 , 1969
1 , CALL TO OR Dig R
A regular meeting of the City Council was called to order by
Mayor Thiel at 8 : 15 p . m .
2 . INVOCATION
Invocation was given by Councilman Frank Howard .
3 . ROLL CALL
The following Councilmen were present at roll call :
Murray Galinson
James Heltzer
Frank Howard
Richard Koch
Leonard Thiel
Also present were the City Manager , City Attorney , City Assessor ,
Planning Director , Director of Public Works , and Secretary .
Councilman Robert Reynolds arrived at 10 : 35 p . m .
4 . MINUTES
On motion of Councilman howard , seconded by Councilman Koch , the
minutes of the regular meeting held July 28 , 1969 , were approved by
a five yea vote , amended on Page 235 by the deletion of Item d .
5 . PUBLIC HEARINGS
( a ) IMPROVEMENT NO. 69 - 04 , STORM SEW iR * IN AREA BOUNDED
IN GENERAL BY FRANCE AVENUE ON THE EAST , WEST 34TH
STREET ON THE SOUTH , HUNTINGTON AVENUE ON THE WEST
I AND RANDALL AVENUE ON THE NORTH , AS DESCRIBED IN
NOTICE OF HEADING PUBLISHED JULY 24 AND JULY 31 , 1969 .
Mayor Thiel opened the hearing .
The City Manager and Mr . Wayne Long of Orr - Schelen - Mayeron
described the proposed project and the alternate solutions .
Mr . Lee Humphries , 3312 France Avenue , questioned the cause
of the low spot on Randall Avenue . It was his feeling that it had
been caused by improper grading several years ago .
238
Council Minutes , August 4 , 1969
5 . (a ) Mr . Charles Halligan ,
3344 Glenhurst Avenue , said that they had
d 4 " mat on the street ut that it
been assessed fora 3 " base an
had never been accomplished with these specifications *
Mr . Bob �,� ooden ,
3309 Glenhurst Avenue , felt it was the City ' s
responsibility to pay for this drainage and not an assessable
project .
ht
Mr . John Moroni , 3300 France Avenue , said that he thou
f this
that proper grading of this street would have taken care o
problem . Mr . William Brown , 3910 Randall Avenue , said that
the ponding of water in the street occurred only in years of heavy
s nowf all .
Mr . Tom Hallstrom , 3914 Randall Avenue , said that when he
moved into his home the storm water was draining into his yard .
pie had filled in and raised his property to prevent this , causing
the water to pond in the street .
Mayor Thiel declared the hearing closed .
RESOLUTION NO. 3806
It was moved by Councilman Reynolds , seconded by Councilman
Howard , to waive reading and adopt Resolution No . 3806 entitled ,
" Resolution Receiving Reports and Calling p+ earing on Improvement
No . 69 - 04 . " Motion carried with six yeas . Hearing was set
for 7 : 30 p . m . , August 25 , 1969 .
Councilman Reynolds moved that the area bounded by France
Avenue , West 34th Street , Huntington Avenue and Randall Avenue
be sent to the Planning Commission for recommendation and study*
Councilman Heltzer seconded and the motion carried with six yeas .
(b ) APPLICATION .OF COUNTRY BOY GROCERY STORE , MEADOVIJ
BROOK IVIANOR , FOR LICENSE TO SELL NON - INTOXICATING
MALT LIQUOR OFF- SALE - REQUESTED BY SUSANNE ANNETTE
REIMRINGER , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED
JULY 24 , 1969 ,
Mayor Thiel opened the hearing .
Mr . Frank Reimringer , 4033 Meadowbrook Lane , representing
Mrs . Susanne Reimringer , his wife , urged issuance of the license .
Mayor Thiel declared the hearing closed .
239
council Minutes , August 4 , 1969
5 . (b ) Councilman Heltzer moved to approve issuance of license subject
to control of State Liquor Control Commission. Councilman
Galinson seconded and the motion carried with five yeas .
Councilman Reynolds was not present .
6, PETITIONS , :BEQUESTS , AND COMMUNICATIONS
( a ) PETITION REQUESTING RI= IV� OVAL AND NO REPLACEMENT OF
ENTIRE SIDEWALK LOCATED IN FRONT OF THE FOLLOWING
BUILDINGS : 4305 - 07 VIEST 36TH STREET , 4309 - 11 WEST 36TH
STREET , AND 4313 - 15 WEST 36TH STREET .
Councilman Galinson moved that sidewalks be allowed to be removed
at the property owner ' s expense with the restriction that the abutting
owners not be allowed to plant any trees or shrubs in the area so
that the City could install sidewalks in the area at any time should
they so decide . Councilman Heltzer seconded the motion which
carried with five yeas . Councilman Reynolds was not present .
Mr . John Swanson , 4313 West 36th Street , was in favor of this
action ,
Property owners were reminded that it would be their responsibility
to keep this area safe before , during , and after the work is
accomplished .
(b ) APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR TAXICAB OPERATION - YELLOW TAXICAB
COMPANY OF MINNESOTA. dba SUBURBAN YELLOW CAB
COMPANY ( J . F . DALY ).
It was moved by Councilman Koch , seconded by Councilman Galinson ,
to set date for public hearing September 8 , 1969 . Motion carried
with five yeas . Councilman Reynolds was not present .
(C ) APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSIT Y FOR TAXICAB OPERATION - BY TOVi N TAXI
CO. ( H . C . BIERBRAUER ) .
Councilman Galinson moved to defer action on this matter to
September 8 , 1969 , Councilman Howard seconded and the motion
carried with five yeas . Councilman Reynolds was not present .
(d ) REQUEST TO WAIVE PARKING SETBACK - 4302 WEST 36i
STREET
Mr • Howard George , 2112 Parklands Road , representing the
tenants of the McBee Building , spoke in opposition to the curb
240
� .
Council Minutes , August 4 , 1969
utter and favored waiving setback requirements to allow
6 , (d ) and g '
kin in the setback in front of the building . The City Attorney
par g ossible to waive the setback
indicated that it was not legally p
requirement *
Mr . Benjamin Smith , attorney , 9808 Wayzata Boulevard , represented
Mr . Sam Ciyman , owner of the
building . He explained that they
were not asking for variar. ' . ._t Only `wanted things to remain as
they are . �avith no curb or less curb , to permit parking in front of
the building
r did not come forth at the time of the
Since the property owne
public hearing on the imPruvemenc and did not respond to a tice
of illegal parking in his setback , Councilman Galinson felt the
objection was not time ? yr He also asked Mr , Smith if his client
would be willing to indemr_ifv i;he City for damages caused by removing
the contractor from thiE pa �• t of the job , Mr . Smith could not speak
for his client in this regard ,
Mr . C . J . Duryea , 3 615 Kipling Avenue , and Mr . Bob Linnear ,
4320 West 36th Street , spoke in favor of the improvement and urged
its completion
Councilman Galinson moved to table this matter . Motion was
seconded by Councilman Koch and carried with five yeas .
Councilman Reynolds was not present ,
Later in the meeting Councilman Reynolds arrived and Councilman
Galinson left the meeting . Councilman Reynolds moved to remove
from the table , Councilman Howard seconded and the motion
carried unanimously ,
Mr . Douglas Kelly , a tenant i -- i the McBee Building , said that he
has been losing money due to the construction and that they need
more access to the parking rot ..
Councilmen Howard and Heltzer felt that these people should be
given assistance by the city to solve their parking problems *
Councilman Reynolds moved , after considerable discussion , that
the request be ordered filed Councilman Koch seconded and the
motion carried with fivZ yeas Councilman Galinson was not present
7 . RESOLUTIONS AND ORDINANCES
None
241
council Minutes , August 4 , 1969
g, REPORTS OF OF FIC •ERS , BOARDS , AND
COMMITTEES
(a ) REPORT OF THE BOARD OF ZONING APPEALS RECOMEN
INC
UNFAVORABLY UPON THE REQUEST ( CASE NO. 69 . 24 . )
OF CHESTER L . ANDERSON FOR A VARIANCE FROM SECTIONS
6 : 074 . 5 AND 6 : 074 . 2 OF THE ZONING ORDINANCE IN SIDE ANDT
FRONT YARD REQUIREMENTS TO PERMIT AN ATTACHEDDO
GARAGE AT 4200 IAV OODDALF AVENUE OUB LE
It was moved by Councilman Heltzer , seconded by Councilman Howard
to deny the request but after discussion Councilman Heltzer withdrew I
the motion and moved to set date for public hearing August 18 , 1969 ,
Councilman Howard seconded and the motion carried with five yeas ,
Councilman Reynolds was not present ,
(b ) REPORT OF BOARD OF ZONING APPEALS RECOMMENDING
UNFAVORABLY UPON THF; REQUEST ( CASE; NO. 69 - 29 - VAR . )
OF A . J . RAMEE FOR A VARIANCE; FROM SECTIONS 6 : 044 , 1
AND 6 ; 064 . 5 OF Tf EI ZONING ORDINANCE RELATIVE TO
SETBACK REQUIREMENTS TO PERMIT A DETACHED DOUBLE
GARAGE AT 8616 CEDAR LAKE ROAD
Mr , Ramee , 8616 Cedar Lake Road , was present requesting a
Public hearing .
It was moved by Councilman Galinson , seconded by Councilman
Heltzer , to set date for public hearing August 18 , 1969 . Motion
carried with five yeas . Councilman Reynolds was not present .
(c ) REPORT OF THE BOARD Or ' ZONING APPEALS RECOMMENDING
UNFAVORABLY UPON THE REQUEST ( CASE NO. 69 - 36 - VAR . )
OF RONALD HOFSTEDT FOR VARIANCE FROM SECTION 6 : 064 . 5
OF THE ZONING ORDINANCE RELATIVE TO SETBACK REQUIRE -
MENTS TO PERMIT AN ATTACHED GARAGE AT 9111 CLUB ROAD .
It was moved by Councilman Howard , seconded by Councilman
Galinson , to set date for public hearing August 18 , 1969 . •Motion
carried with five yeas . Councilman Reynolds was not present .
(d ) REPORT OF THE BOARD OF ZONING APPEALS RECOMMENDING
FAVORABLY UPON THL REQUEST ( CASE NO. 69 - 37 - VAR . ) OF
LESLIE BARTON FOR VARIANCE FROM SECTION 6 : 171 . 20
SUBDIVISION 3 , OF THE ZONING ORDINANCE RELATIVE TO
SIZE OF SIGNS TO PERMIT A SIGN OF 25 SQUARE FEET INSTEAD
OF 6 SQUARE FEET AT 4820 MINNETONKA BOULEVARD .
N11 • Leslie Barton , 4109 Cedarwood Road , was present requesting
a Public hearing ,
242
Council Minutes , August 4 , 1969
d b Councilman Galinson , seconded by Councilman Koch ,
8e (d ) It was move Y August 18 , 1969 • Motion carried with
to set date for public hearing g
five y
ease Councilman Reynolds was not present .
(e ) PARKING STUDY - INGLEWOOD AVENUE BETWEEN WEST 31ST
STREET AND TRUNK HIGHWAY NO . 7
RESOLUTION NO. 3807
ilman Koch , seconded by Councilm rd ,
It was moved by Counc
3807 entitled , tion
to waive reading and adopt Resoluti " Resolution rol Signs Regulating Parking . "
Authorizing Placement of Traffic Reynolds was not present,
Motion carried with five yeas .
Councilman
t of no parking signs on west i de
Resolution authorized placemen
of Inglewood Avenue from West 31st Street to Trunk Highway o . 7 •
(f ) REPORT FROM PARKS AND RECREATION RELATIVE TOTY
COURT REQUIREMENTS - NUMBER , LOCATION , AND PRIORI
Councilman Koch moved to defer to August 13 , 1969 for unc joint
meetilman
ng with the Parks and Recreation Commission . Co
Reynolds seconded and the motion carried with five yeas . Councilman
Galinson was not present .
( g ) MINUTES OF BOARD OF ZONING APPEALS MEETING HELD
JULY 24 , 1969 .
Upon hearing no discussion , the minutes were ordered by the Mayor
to be received for filing .
(h ) MINUTES OF CITIZENS ADVISOR f COMMITTEE MEETING HELL.
APRIL 24 , 1969 .
Upon hearing no discussion , the minutes were ordered by the
Mayor to be received for filing .
9 . UNFINISHED BUSINESS
None
10e NEW BUSINESS
( a ) PROPOSED CHANGE ORDER NO, 3 , PAVING CONTRACT WITH
BLACKTOP SERVICE CO. — ADD IMPROVEMENT NOe 69 - 18 '
WEST 38TH STREETPAVING , CURB AND GUTTER PAV TER TO CONTR,4GT
NO. 840 - $401 337 . 32 .
243
Oounc 41 Minutes , August 4 , 1969
106 It was moved by Councilman Galinson , seconded by Council
man
Howard , to approve and to authorize the City Manager to exe u
te .
Motion carried with five yeas . Councilman l� eynolds was not
present .
(b ) LAND ACQUISITION - STORM, SE -vvE ;ZASEMENT
Deed from Victor J . and r. laine W . Syng dated August 1 , 1969 _
Part of Lot 70 Block 1 , Vestwood Park Second Addition ,
Councilman Howard moved to accept deed and authorize City
Clerk to file same for record . Councilman Koch seconded and the
motion carried with five yeas . Councilman Reynolds was not
present .
( c ) CONSIDERATION OF AWARD OF CONTRACT Fa;� IMPROVi: M • NT
NO. 69 - 05 , WAT311IR MAIN , AND IMPROVEMENT NOS . 69 - 07
AND 69 - 079 STORM SEWER .
It was moved by Councilman Galinson , seconded by Councilman
Heltzer , to waive reading and adopt resolution awarding contract .
Mr . Sam houston , Orr - Schelen - lviayeron , was present to explain
the bidding and answer questions of Council .
After much discussion , Councilman Galinson withdrew his motion
and moved to reject all bids . Councilman heltzer seconded and the
motion carried 4 - 1 , Councilman Howard voting nay . Councilman
Reynolds was not present .
11 • MISCELLANEOUS
(a ) DAM-aAGE CLAIMS
1 . Nary Sexton , 6800 - 39th Avenue North , Minneapolis
2 . James Monson , 4093 Toledo Avenue
Councilman Galinson moved to file claims with the City Clerk for
proper action by the City Manager and City Attorney . Councilman
Koch seconded and the motion carried with five yeas . Councilman
Reynolds was not present.
(b ) PROPOSAL OF A . i. . EURIST RELATIVE TO BEAUTIFICATION
COMMITTEE
Councilman Meltzer moved to send Mr . ;wrist ' s request to
the City Attorney for advice as to its legality . Councilman
Koch seconded and the motion carried with five yeas . Councilman
i
244
,w
Council Minute s , p.. ugus t 4 , 19 69
11 . (b ) Galinson was not present .
( c ) DIS G US
SION ON Pi� OCLLDING `J�TITri CI{✓ ;ZTAIN STREET IiVIPROVi, _
-' S NORTh: OF F, XCELSIO1� BOULEVARD AS AUTHORIZ , D
MENT
IN IMPROVLIVIENT NO. 69 - 02 .
The Cit Manager briefly reviewed with the Council that certain
Y
street improvements were being temporarily deferred or Council
lannin proposals in this area
review in the event that long range p $ P P
are made and if 39th Street extension is programmed . After
lengthy discussion , Councilman I-seltzer moved that aroPe tng
V the area be eliminated from the southeast
lost 31II 2P Councilmen
Councilman Koch seconded and the motto
Heltzer and Koch voting nay .
The Council was then asked by Councilman Reynolds if the tonin
support the Planning Commission ' s concept of changing g
in this area from residential to multi - family . The Council agreed
one for solving the problems
this approach to be the most feasible
of improvement and development of the area .
It was moved by Councilman Howard , seconded by Councilman
Reynolds , that the following streets be improved : Ottawa ,
Princeton and 38th Street (between Monterey Drive and Natchez
Avenue ) . Motion carried 3 - 2 , Councilmen heltzer and Koch
voting nay .
12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS
( a ) VERIFIZi L CLAIMS
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 August 4 , 1969 in the total amounts
of $ 30 , 154 . 01 for payroll , and $ 121 , 424 . 35 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 . Councilman Reynolds was not present .
(b ) CONTRACT PA YMOENTS
1 . Partial Payment No . 1 , concrete alley paving and sidewalk ,
Improvement Nos . 66 - 06 68 - 22 68 - 31 , 68 - 32 , 68 - 36 ,
68 - 37 , 68 - 391 68 - 42 , 68 - 43 . 68 � 59 , 69 - 141 69 - 22 , 66 - 36 ,
66 - 47 , and 68 - 23 - Concrete Specialties , Inc . - $ 3p355 . 00 -
Partial
3 , 355 ' p0 .Partial Payment No . 3Concrete
plant mixed asphalt paving ,
curb and gutter , and sidewalk repair , Improvement Nos '
69 - 02 and 69 - 19 - Blacktop Service C o . - X120 , 156 . 15 •
1i►
245
Council N/inute s , August 4 , 1969
1Z , (b ) 3 , Partial Payment No . 6 , paving , curb , gutter , and sidewalk ,
Improvement Nos . 65 - 01 , 66 _ 55 66 _ 77P 66 - 83 , 67 - 266*
67 - 15 , 67 - 339 67 - 47 , 60 - 39 , and 67 - 14 - Bury and Carlson ,
Inc . $ 8 , 905 . 33 .
It was moved by Councilman 1-ioward , seconded by Councilman
Heltzer , to approve above payments and to authorize payment .
Motion carried with five yeas . Councilman Reynolds was not present .
4 . Final Payment , concrete alley paving , Improvement Nos .
67 - 46 , 67 - 501 67 - 51 , 68 - 07 , 68 - 09 , and 68 - 14 - Arnold
Beckman , Inc . - $ 2 , 991 * 73 .
RESOLUTION NO. 3808
It was moved by Councilman Calinson , seconded by Councilman
Howard , to waive reading and adopt Aesolution No . 3808 entitled ,
" Resolution Accepting Work on Concrete Alley Paving , Improvement
Nos . 67 - 46 , 67 - 50 , 67 - 51 , 68 - 07 , 68 - 09 , and 68 - 14 , 11 Motion
carried with six yeas .
13 . ADJOURNMLNT
On motion of Councilman Meltzer , seconded by Councilman Koch , the
meeting was adjourned at 12 : 56 a . m . , by a five yea vote . Councilman
Galinson was not present .
LJ . Thiel , May
eona
Attest :
L CO,
Alice M. Carlson , Secretary
246