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Home My WebLink About1966/03/21 - ADMIN - Minutes - City Council - Regular1. Z:. 3. 4. MINUTES OF CIT Y C OUNCIL MEETING ST. LQUIS PARK, MINNESOTA March 21, 19 66 CALL T O OR DER A regular meeting of the City Council was called to order by President Pro Tem Leonard Thiel at 8: 10 p. m. INVOCATIQN Invocation was Church. ROLL CALL given by Rev. Allen Whitman of St. George's Episcopal The following Councilmen were present at roll ca11: Jamee Helt�er Richard Koch Robert Reynolds Leonard Thiel A1so present w�re the City Manager, City Attorney, Planning Director, Director of Public Works, and Secretary. Councilman Pearson arrived at 8:21 and Councilman Howard arrived at 8:37 p. m. Councilman Reynolda left the meeting at 8:40 p. m. MINUTES On motion of Councilman Heltzer, seconded by Councilman Reynolds, the minutes of the regular meeting held March ?, 1966 were approved by a four yea vote• � Councilrnar� Thiel requ�sted that the following be adc�ed to item 8b of the minutes for March ?: Councilman Thiel asked for a report on cost of looping water mains and how same would be paid as a result of the last vote by the City Council for iron removal. He voted against that motion only because he did not have t he coet of loop- ing and wanted to determine whether iron removal costs and the laoping could be paid out of revenue funds from the Water Department as indi- cated in previous reports, and that both could be done in a reasonable length of time without an increase in water rates. Having been assured of this by staff he is in favor of the laoping as well as the iron removal program. It was moved by Councilman Koch, seconded by Councilman Reynolds, that the above statement be added to the rr�inutes of March 7, 19b6 under item 8b. Motion passed by a four yea vote. Councilmen Pearaon, Howard, and Wolfe were not present. 5? Council Minutes - March 21, 1966 5. 6. PUB LIC HEARINGS (a) PR OPOSE D R�, Z ONING OF LOTS 4, 5, AND 6, �-IOME ADDITION (AT 22ND STREET BETWEEN NEVADA AVENL�� D �'ENNSYREA AVENUE) FROM R-2 DISTRICT TO R-3 AND R-4 DISTRICTO' QUESTED BY WESTW �OD SHOPPING CENTER, INC• : A� INITIATION B Y PLA.NNING C OMMISSI ON T O RE Z ONE L� T O AND 8, HOME ADDITION FROM R-2 AND R-3 DISTRI�� 51 R-4 DISTRICT, AND ALL OF LOT 12 EXCEPT THE E FEET TO R-3 DISTRICT, AND THE EAST 51 FEET OF LOT � AND ALL OF LOT 11 TO R-4 DISTRICT (CASE NO. 66 2 UARY DESCRIBED IN NOTICE OF H E A R I N G P U B L I S H E D F E I 3 R 24, 19 66. The Planning Director explained the present and proposed zoning outlining the areas on the map. Abbott Swartz, 2249 Pennsylvania Avenue was concerned with an increased drainage problem in the area and what provisions were being made for drainage. Sam Kvasnik, 2201 Pennsylvania Avenue, was also concerned with drainage. Councilman Pearson arrived at 8:2 i p. m. L. J. Karlson was present repr�sent��g the applic.ant. William Rosen, 400 Minnesota Building, St. Paul, .represented the owners of adjacent property. David Carp: 2200 Pennsylvania Avenue,and A1ex Astren, 2214 Pennsylvania Avenue, questioned the traffic patterns which might be generated with additional building in the area. Councilman Howard arrived at 8:37 p, m. Coun cilman .Reynolds left tTie meeting at 8:40 p. m. President Pro Tem Thiel declared the hearing closed. It was moved by Councilman Pearson, seconded by Councilman Howard, to waive first reading of proposed ordinance and to set date for second reading on April 4, 1966, as amended by rezoning Lots 4, 5, 1Z, and all of Lot 8 except the west 66 feet to R-3 Two Family Resi- dence District, and Lots 6, ?, 11, and the westerly 66 feet of Lot 8 to R-4 One to Eleven Family Residence District. Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present, PE TITIONS, REQ UES TS AND C OMMU1vICATIONS �a} NOTIFICATION OF INTENT TO HOLD A BINGO GAME BY PA�K KNOLL-OAK HILL PARENT TEACHERS ASSOCIATION. President Pro Tem Thiel ordered the communication received f�r filing. G: iCpunc il Minut e s- IVIa r c h 21, 19 6 6 7, RESOLUTIONS AND ORDINANCES (a) RESOLUTION APPROVING FINAL PLANS FOR IMPROVEMENT OF COUNTY STATE AID HIGHVITAY NO. 18 AND COUNTY STATE AID HIGHWAY Np, 5 W ITHIN THE LIMITS OF S T. LOUIS PARK. RES OLUTION NO, 3020 It was moved by Councilman Koch, seconded by Councilman Howard, to waiv� reading and adopt Resolution No. 302U entitled "Resolution Approving Final Plans for Improvement of County State Aid Highway No. 18 and County State Aid Highway No. 5 Within the Limits of St. Louis Park. " Motion passed by a four yea vote, Councilman Reynolds and Mayor Wolfe were not present. Councilman Pearson was out of the room. (b) SECOND READING QF PROPOSED ORDINANCE AMENDING C�RDINANCE NO. ?30 PASSED DECEMBER 28, 1959 ENTITLED "ST. LOUIS PARK ZONING ORDINANCE, " SECTION 6:172. 4, SUBD. 24, RELA.TING TO PARKING REQUIREMENTS (DEFER- RED FROM JANUARY 10, 1966y. It was moved by Councilman Koch, seconded by Councilman �ieltzer, to defer second reading to April 4, 1966. Motion passed by a four yea vote. Councilman Reynolds, and Mayor V�v�]de wer� not pr�sznt. Councilman Howard was out of the room. (c) SECOND REA�ING OF PROPOSED ORI3INANCE DEFINING A PUBLIC NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF BY REGULATING APPOINTMENT OF TOWING CON- TRACTOR AND REMOVAL AND IMPOUNDING OF ILLEGALLY PARKED, �1.BANDONED, OR STOLEN VEHICLES, AND EMER- GENC Y RE MOVAL OF S TANDING VEHIC LES. �RDINANCE NO. 968 It was moved by Councilman Howard, seconded by Councilman heltzer, to waive second reading and adopt Ordinance No. 968 entitled "An Ordinance Defining a i'ublic Nuisance and Providing for the Abatement Thereof by Regulating Appointment of Towing Contractor and tZemoval and Impounding of Illegally Parked, Aban- doned or Stolen Vehicles, and Emergency Removal of Standing Vehicle s. " Motion pas s ed by a five yea vote. Councilman Reynolds and Mayor Wolfe were not present, 8. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) REPORT OF TH� PLANNING COMMISSION (CASE NO. 65-61-SP) 59 Council Minutes - March 21, 1966 8. (a) RECOMMENDING FAVORABLY UPON T�iE REQUEST OF SAM SEGAL AND CHARLES WAISS FOR AMENDMENT TO �ESOLU- TION NO. 2973 GRANTING PERMIT UNDER SECTION 6:082.2 OF THE ST. LOUIS PARK ZONING ORDINANCE FOR ADDITION TO NURSING HOME A'I' 3201 VIRGINIA AVENUE. RESOLUTION NO. 3021 It was moved by Counci].man Pearson, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3021 e� Under "Resolution Amen ding Reso l u t i o n N o. 2 9 7 3 G r a n t i n g P e r m i Section 6:082.2 of the St. Louis Park �oning Ordinance for Addi- tion to Nursing Home. " Before a vote was taken Councilman Heltzer made a motion, seconded by Councilman Koch, to amend the original motion by deleting the words "or seeded" from item No. 6 of the conditions. Motion passed by a four yea vote. The original motion passed by a four yea vote as amended. Council- man Howard abstained. Mayor Wolfe and Councilman Reynolds were not present. (b) REPORT OF PLANNING COMMISSION (CASE NO. 66-5-SpTHE REC OMMENDING FAVORAB LY W ITH CONDITIONS UPON REQUEST OF FARNHAM NELSON INC. FOR A SPECIAL PER- MIT UND�R PROi�ISIONS OF S�CTION 6:062. 6 OF THE ZONING ORDINANCE TO USE PROPERTY IN R-3 DISTRICT ABUTTING B-2 DISTRICT FOR OFF-ST�EET PARKING AT 4150 EXCELSIOR BOULEVARD. W. D. Heney was present representing the applicant. RESOLUTI�N NO. 3022 A. motion was made by Councilman Howard, seconded by Council- man Pearson, to waive reading and adopt Resolution No. 3022 entitled "Resolution Granting Permit Under Section 6:062.6 of the St. Louis Park Zoning Ordinance for Off-Street Parking." Motion passed by a five yea vote. Mayor Wolfe and Counci.lman Reynolds were not present. (c) REPORT OF CITY MANAGER (M. & C. NO. 66-14) REGARD- ING PROPOSED CHARTER CHANGES. It wa6 moved by Councilman Pearson, seconded by Counciltnan Howard, to defer the matter to April 18, 1966. Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds Were not present. C� Council Minutes - March Zl, 1966 8• �d� REPORT QF p,�,NNING COMMISSION (CASE NO. 66-?-Z) RECOMMENDING FAVORABLY UPON THE REQUEST OF C�RL.ES AL,E�.�,NDER PROPERTIES TO REZONE PART OF SECTIpN 3I, TOWNSHIP 29, RANGE 24 LYING SOUTH OF WES'�' 24TH STREET AND EAST OF VERNON AVENUE FR�M I-1 DIS- TRICT TO R-B DISTRICT. The City Manager stated the applicant requested withdrawal of the application. A motion was made by Councilman Pearson, seconded by Councilman Howard, that the request for withdrawal be allowed. Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. (e� REPORT OF PLANNING COMMISSION (CASE NO. b5-59-MISC. ) REGARDING PROPOSED ORDINANCE AMENDING ORDINANCE NO. ?30 PASSED DECEMBER 28, 1959 ENTITLED "ST. LOUIS PA�tK ZONING ORDINANCE, " SECTION 6:12Z. 6 RELATING TO OPEN SALES LOTS (DEFERRED FROM JANUARY 10, 1966). Vincent Johnson, 600 Minnesota Federal Buiiding, representing Daniel Otten, stated that in its present form his client was not in favor of the ordinance. The City Manager stated that Yngve & Yngve, representing Stephens Buick, requested postponement of any action on the ordinance. It was moved by Councilman Howard, seconded by Councilman Pearson, to defer second reading until April 4, 1966. N�otion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. (f) MINUTES OF PLANIVING COMMISSION �YIEETING HELD MARCH 2, 1966. Upon hearing no objection President Pro Tem Thiel ordered the minutes received for filing. �gj PRELIMINARY REP�RT OF THE DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT N�. 65-34, ASPHALTIC CONGRETE PAVING; CONCRETE CURB AND GUTTER ON WESTMORELAND STREET BETWEEN EXCELSIOR BOULEVARD AND WEST 36TH STREET. RESOLUTION NO. 3023 A motion was made by Councilman Koch, seconded by Couacilman Howard, to waive reading a�ld adopt Resolution No. 3023 entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 65-34. " Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not pr esent. bi Council IvSi.nutes - March 21, 1966 8. (h) REPORT OF LAND ACQUISITION -- LOT 8, BLOCK 8, WESTMORELANI� PARK ADDITION, DATED MA.RCH 7, 1966 FROM DOROTHY R. SPICER FOR P�LRK PURPO►SES. �� A motion was made by Councilman Koch, s econded by Gouncil- �,� man Heltzer, to accept deed and authorize City Clerk to file same for record, and to authorize payment of $1, 500. 00. Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. (i) REPORT OF CITY MA.NAGER (M. & C. NO. 66-13} RELAZ'IVE TO TAX FORFEITED LAND. RESOLUTION NO. 3024 It was moved by Councilman Pearson, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3024 entitled "Resolution Authorizing Application for Conveyance of Tax- Forfeited Lands. " Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. RESOLUTION NO. 3025 It was moved by Councilman Howard, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3025 entitled "tZesolution Approving Classification List "638-C" and Approv- ing Sale of Lands Therein. " Motion passed by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. (j) REPORT OF CITY MANAGER (M. & C. NO. 66-15) CONCERN- ING PUtZCHASE OF PROPERTY ON SOUTH STREET. EAST OF TAFT AVENUE {ARVID CARLSON PROPERTY). Charles Root was present representing the Carlson Estate. A motion was made by Councilman Heltzer, seconded by Councilman Koch, to authorize the City Manager to negotiate in the amount of $11, 000. Motion passed by a five yea vote. (k) REPORT ON EXTENSION OF NORTHEA,ST STORM SEWER. It was moved by Councilman Howard, seconded by Councilman Heltzer, to authorize the Mayor and Gity Manager to enter into agreement up to $8, 000. 00 with Orr-Schelen-Mayeron & Asso- ciates, Inc. for engineering services for temporary solution of drainage and to present preliminary plans for a cornplete pro- posal for storm sewer in area north of Cedar Lake Road and west of Louisiana Avenue as proposed in letter dated March Z1, 1966 from Orr-Schelen-Mayeron & Associates, Inc. Motion passed by a five yea vote. Mayor Wolfe and Councilrnan Reynolds were not present. 62 Council Minutes - March 21, 1966 8. (1) PRELIMINAR Y REppRT OF THE DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVE- MENT NO. 66-41 SANITARy SEWER. RESOLUTION NO. 3026 It was moved by Co�cilman Howard, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 3026 entitled "Resolution Receiving Petition, Preliminary Reports and Plans and Specifications, Approving Sarrie, O rdering Improvement and Authorizing Inclusion of Improvement No. 66-41 in Contract for Improvement No. 66-08A, " Motion passed by a five yea vote. Mayor ViTolfe and Councilman Reynolds were not present. 9. UNFINISHED BUSINESS (a} CONSULTANT SERVICES FOR OFF-STREET PARKING ON EXCELSIQR BOULEVARD (REQUESTED BY COUNCILMAN HELTZER). It was moved by Councilman Howard, seconded by Gouncilman Heltzer, to defer discussion to April 4, 1966. Before a vote was taken Councilman Pearson made a motion, seconded by Councilman Koch, to amend the original motion by directing staff to recontact the consultants relative to whether to take the long or short form and as to whether they would have a different proposal. Motion 1os t by a roll call vote of three nays and two yeas. Councilmen Heltzer, Howard, and Thiel voted nay. Councilman Pearson made a motion, seconded by Councilman Koch, to amend the original motion to call the consultants for additional consultation meeting on April 2, 1966. The roll call vote was two nays and three yeas. Councilman Heltzer and Howard voted nay. The City Attorney gave an opinion that four votes were needed to pass the motion. The Chair ruled the motion lost three yeas and two nays. The original motion pas sed by a vote of four yeas and one nay, Councilman Pearson voting nay. President Pro Tem Thiel declared a five minute recess. The pre- siding officer then called the meeting to order. Councilman Pearson appealed the ruling of the Chair on the second proposed axnendment on the grounds an amendment was not subject to Charter require- ments of four votes to carry and that a majority of those present voting in favor c ould carry on the motion to • arnend. Councilrnan Howard initiated discussion and indicated his willingness to move to reconsider. The Chair stated he was willing to entertain such a motion. Councilman Pearson then withdrew his appeal to the c'�..-�.ti. 63 Council Minutes - March 21, 1966 9. (a) It was moved by Councilman Howard, s�cond�d by Counciaman % Pearson to reconsider item 9a. Discussion followed. Council- man Pearson withdrew his second to the motion to reconsider and Councilman Howard withdrew his motion. The Chair declared the matter closed and called th� next item on the agenda. (b) AWARD OF CONTRAGT FOR STREET LIGHTING (EXCELSIOR BOULEVARD) IMPROVEMENT NO. 66-08B. RESOLUTION NO. 30Z? A motion was made by Councilman Heltzer, second�d b 30 ° nt tled man Howard to waive reading and adopt Resolution No. "Resolution Accepting Bid for Excelsior Boulevard Street Lighting Improvement No. 66-08B." Motion passed by a five yea vote. (c) AWARD OF CONTRAGT FOR SANITARY SEWER AND WATER SYSTEM UTILITY RELOCATIONS IMPROVEMENT NO. 66-08A. RESOLUTION NO. 3028 It was moved by Councilman Heltzer, seconded by Councilman Koch, to waive reading and adopt Resolution No. 3028 entitled "Resolution Accepting Bid for Sanitary Sewer and Water 5ystem Utility Relocations Improvement No. 66-08A. " Motion passed by a five yea vote. 10. NEW BUSINESS (a) PROP�SED CHANGE ORDER NO. 1 TO V�TATER AN]] SEWER CONTRACT VITITH UNION CENTRAL CONTRACTING, INC. , PROJECT NOS. 65-6b, 65-77, AND 64-23 TO EXTEND THE COMPLETION DATE TO MARCH 25, 196b. It was moved by Councilman Howard, seconded by Counci�man Pearson, to approve Change Order No. 1 to contract with Union Central Contracting, Inc., and to authorize the City Manager to execute. IVlotion passed by a five yea vote. (b) RESOLUTION APPROVING PRELIMINARY PLANS FOR IMPROV�� MENT OF COUNTY STATE AID �-iIGHWAY NO. 18 AND STAT� HIGHWAY NO. 7 WITHIN THE LIMITS OF ST, LOUIS PARK. RESOLUTION NO. 30Z9 A motion was made by Councilman Howard, seconded by Co��ma� Heltzer, to waive reading and adopt Resolution No. 3429 enti�ed .• �� Linutes - March Z1, 1966 10. �b j"Re s olution A C o u n t PProving Preliminary Plans for Improvement of y S tate �id Highway No. 18 and State Highway No. ? Within �e Linnits of St. I.,ouis Park. " Motion passed by a five yea vote. (c} RESpLUTIQN pF COMMENDATION CITY OF ST. LOUIS PARK, 1ViI NNES OTA (KE NNE T H W OLFE ). RESOLUTION NO. 3030 It was moved by Co�cilman Pearaon, seconded by Councilman Howard, to waive reading and adopt Resolution No. 3030 entitled "Resolution of Cor�mendation City of St. Louis Park, Minnesota. " Motion passed by a five yea vote. (d) PARKING ON MARyLAND AVENUE BETWEEN 29TH STREET AND MINNETONKA BOULEVARD. It was moved by Councilman Heltzer, seconded by Cauncilman noch, that staff recommend on feasibility of limited or "no park- g on Maryland Avenue between 29th Street aad Minnetonka Boulevard for the April 4, 1966 Council meeting. Motion passed by a five yea vote. te} COUNCIL MEETING MARCH Z8, 1966. A motion was made by Councilman Pearson, seconded by Council- man Heltzer, that no meeting be held March 28, 1g66. Motion pas s ed by a five yea vote. (f) RESQLUTION EXTENDING SYMPATHY TO FAMILY OF SER- GEANT ROBERT STANDAL. RESOLUTION NO. 303I It was moved by Councilman Heltzer, seconded by Councilman Koch, to waive reading and adopt tZesolution No. 3031 entitled "Resolution Extending Sympathy to Family of Sergeant Robert Standal. " Motion pas sed by a five yea vote. 11. MISCELLANEOUS (a ) DAMAGE C LAIMS . 1. Gas Supply, Inc. , 2238 Edgewood Avenue. 2. Suburban Tire, Inc. , 2238 Edgewood Avenue. 3. Joseph C. Rico, 2238-2240 Edgewood Avenue. 4. Stephen C. Weisberg, 2500 Inglewood Avenue. 65 Council Minutes - March 21, 1966 I1. (a� A motion was made by Councilman Heltzer, seconded by Counci.l- man Howard, to file claims with the City Clerk for proper action by the City Manager and City Attorney. Motion passed by a five yea vote. (b) LEAGUE OF WOMEN VOTERS POSITION ON METROPOLITAN AREA AFFAIRS. Mra. Ziemer of the League of Women Voters presented the League� s position on metropolitan area affairs, stating they want to encourage the City Council participatian wherever possible. 12. CLAIMS, APPROPRIATIONS AND CONTRAGT PAYMENTS _....,,�_ (a� VERIFIED CLAIMS. On motion of Councilman Pearson, seconded by Councilman Howard, the lists of verifi.ed claims prepared by the Director of Finance and pr eeented to the Council dated March ?, 1966 in the total amovnts of $1, 663. 15 for payroll, and $Z06 5(dl. 41 for vendnrs were approved as amended by adding an amount of $52. 50 to G. D. Andre for three conference registrations, and the City Manager, City Clerk,. and City Treasurer were authorized to issue checks covering same by a five yea vote. Mayor Wolfe and Councilman Reynolds were not p r e s ent. (b) CONTRACT PAYMENTSe 1. Partial Payment No. 3 for water main, sanitary sewer, lift station and force main Improvement Nos. 64-23, 65-66, and 65-77. Contractor, Union Central Contracting, Inc. Amount, $15, 272. 55. 2. Partial Payment No. 3 for grading Improvement No. 61-10 and 60-28. Contractor, J. V. Gleason Co. , Inc. Amount, $42, 884. Z9. 3. Partial Payment No. 5 for mechanical work for Fire Sta.tion No. 1. Contractor, Johnson Brothers Plumbing & Heating Co. Amount, $5, 643. 00. 4. Partial Payment No. 6 for general construction for Fire Sta.tion No. I. Contractor, Berglund-Johnson, Inc. Amaunt, $6, 016. 50. 5. Partial Payment No. 5 for electrical work for Fire Station No, 1. Contractor, Globe Electric Company. A.mount, $3, 124. 10. Co�n�il Iviinutes - March 21, 1966 12� (b) Qn motion of Councilman Pearson, seconded by Councilman Howard, the above payments on contract work presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amounts by a five yea va�e. Mayor Wolfe and Councilman Reynolds were not present. 13. ADJOURNMENT On motion of Councilman Howard, seconded by Councilman Heltzer, the meeting was adjourned at 12:16 a. m. by a five yea vote. Mayor Wolfe and Councilman Reynolds were not present. . Attest: � >>�, Betty Cal well, Secretary 67 Kenn�th Wolfe, Mayor