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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