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Home My WebLink About1967/08/07 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA August 7 , 1967 1 CA LL T OORDE - A regular meeting of the City Council was called to order by Ma or I,eonard Thiel at 8 : 03 P . m . Y 20 INVOCATION Invocation was given y Rev . Sam Sawyer of the Evangelical Free Church. 3, ROLL CALL The following Councilmen were present at roll call : Richard Graves James Heltzer Frank Howard Richard Koch Curtis Pearson Leonard Thiel Also present were the City Manager , City Attorney, Planning Director , Director of Public Works and Secretary. Councilman Reynolds arrived at 8 : 05 P . m . 4, MINUTES On motion of Councilman Koch , seconded by Councilman Graves , the minutes of the regular meeting held July 17 , 1967 were approved by a seven yea vote . 5► PUBLIC HEARINGS !a1 IMPROVEMENT NO. 67 - 33 , PROPOSED PAVING , CURB AND GUTTER CONSTRUCTION IN AREA OF PRINCETON AVENUE , OTTAWA PLACE , OTTAWA AVENUE AND WEST 27TH STREET AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 20 AND 27 , 1967 . Robert Kelber , 2710 Ottawa Avenue , was in favor of the project with provision the street level providesproper drainage * He questioned replacement of original street after storm sewer was constructed and whether any credit would be given the property etd owner . Alan Silver , 4718 West 28th Street, questioned the for curb . 1 Quentin Avenue , was concerned With Arnold Berdt , 270 closed ,, c0gt for a corner lot . Mayor Thiel declared the hearing 148 il A�iinutd a - August 7l 1967 Counc RESOLUTION NT0 . 3331 5 . ( a ) ilman CouKoch , seconded by Councilman. Gravels , nc It was moved by adopt Resolution No . 3331 entitled " Resolution to waive reading and dnt and Ordering Preparation of Plans Improve Ordering Improveme passed by a seven yea nota . m ® nt No . 67 - 33 • " Motion P O . 67 - 40 , PROPOSED SANITARY SE00 FEET (b ) IMPROVEWER IN MENT N UBLISHEA OXFORD STRE ET FROM WEST 36TH STREET TO 1 , DESCRIBED IN NOTICE OF FEARING NORTH AS 1 67 . JULY 20 AND 27 , 9 ber was present representing Belt Line Industrial Robert Ehreri g roJ hearin' ect . Mayor Thi ® 1 declared the g Park , petitioner for the p closed . RESOLUTION NO. 3332 It was moved by Councilman Graves , seconded by Councilman 3332 etled Howard , to waive reading and adopt Resolution NPre Preparation of " Resolution Ordering Improvement and Ordering P Plans Improvement No . 67 - 40 . " Motion passed by a seven yea vote . (c ) IMPROVEMENT NO. 67 - 41 , PROPOSED WATER MAIN IN OXFORD STREET FROM WEST 36TH STREET TO 1 , 300 FEE NORTH , AS DESCRIBED IN NOTICE OF HEARING PUBLISHD JULY 20 AND 279 1967 . Robert Ehrenberg was present representing Belt Line Industrial Park , petitioner for the project . Mayor Thiel declared the hearing closed . RESOLUTION NO. 3333 A motion was made by Councilman Pearson , seconded by Council - man Reynolds , to waive reading and adopt Resolution No . 3333 entitled " Resolution Ordering Improvement and Ordering Prep " aration of Plans Improvement No . 67 - 41 . " Motion passed by a seven yea vote . 6 . PETITIONS , REQUESTS AND COMMUNICATIONS (a ) COMMUNICATION FROM DR . FRED A . LYON OF THE ST . ( 8 /21 /67 LOUIS PARK HUMAN RELATIONS COUNCIL . - see amended minutes) Dr . Fred Lyon , 3744 Huntington Avenue , informed the Councll that acts of discrimination had taken place in St . Louis Park ' 149 Coocil Minutes - August 7 , 1967 6, (a ) Ke further tate he last Legislature passed le isl a Depart Human Rights , which is g , ation creatin • not yet in operation . g St . Louie Park Human Relations in asked the The draft a resolution urging the Governor to assist in City Council, to Laws of the State with respect to human rights , implementing the quested to draft such a resolution . After the me A . recess was re , eting reconvened Councilman Pearson read the resolution . RESOLUTION NO. 3334 It was moved by Councilman Pearson , seconded by Councilman Howard , to adopt Resolution No . 3334 entitled " Resolution Re ing to State Human Rights Commission and Discrimination it lat - Motion passed by a seven yea vote . (b ). APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR TAXICAB OPERATION BY TOWN TAXI COMPANY FOR FIFTEEN ADDITIONAL CABS . It was moved by Councilman Pearson , seconded by Councilman Reynolds , to set date for public hearing August 21 , 1967 . Motion passed by a seven yea vote . (c ) APPLICATION FOR LICENSE TO HOLD A PUBLIC DANCE ON TENNIS COURTS AT CITY HALL AUGUST 29 , 1967 BY THE ST . LOUIS PARK PARKETTES . A motion was made by Councilman Koch to approve issuance of the license to hold a public dance . Motion passed by a seven yea vote . 7' RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION EXTENDING EXPIRATION DATE BY NINETY DAYS UNDER SECTION 6 : 205 . 5 OF THE ZONING ORDINANCE FOR SPECIAL PERMIT , RIDGWAY CONSTRUCTION COMPANY , GRANTED BY RESOLUTION NO. 2896 , SEPTEMBER 20 , 1965 AND EXTENDED BY RESOLUTION NOS . 3129 , 3204 AND 3277 . RESOLUTION NO. 3335 It Was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3335 entitled " Resolute ExtendingExpiration Date by Ninety Days Under Sec - ' Ridgway tion 6 : 205 5 of the ZoningOrdinance for Special Permit , Constr 2896 September uction Com an Granted b Resolution No . � � s 1965 and Extended Resolution Nos . 3129 , 3204 and 327 ? . " Motion Y passed by a seven yea vote . Council Minutes - August 7 , 1967 PAL STAT.E _ (b ) RESOLUTION FOR AppROPRIAT 7 . ION OF MUNI STORM SEWER AID FUNDS TO So A * P . 63 - 020 - 08 NpRTHSID IMPROVEMENT NO, 6642 • RESOLUTION NO. 3336 seconded by Council - A motion was made by Councilman Howard .. esolution No . 3336 entitled man Koch , to waive reading and adopt R o riation of Municipal State Aid Funds to S . A. P. " Resolution for Appr P Improvement No . 66 - 02 . " Motion 63 - 020 - 08 North Side Storm Sewer Imp passed by a seven yea vote . (c ) RESOLUTION LAKE ST FOR APPROPRIATION OF MUNICIPAL STAR AID FUNDS TO S , A , P , 63 - 020 - 07 , BROWNIE SEWER IMPROVEMENT NO, 6544 . RESOLUTION NO, 3337 It was moved by Councilman Pearson , seconded by Councilman it i an Graves , to waive readled ing and adopt Resolution " Resolution for Appropriation of Municipal State Aid Funds to S , A. P. 63 - 020 - 07 , Brownie Lake Storm Sewer , Improvement No . 65 - 04 , " Motion passed by a seven yea vote . 11 (d ) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IMPROVEMENT NOS , 62 - 65 AND 66 - 24 , RESOLUTION NO, 3338 A motion was made by Councilman Reynolds , seconded by Council - man Howard , to waive reading and adopt Resolution No . 3338 en - titled " Resolution Approving Plans and Specifications and Authoriz - ing Advertisement for Bids Improvement Nos . 62 - 65 and 66 - 24 . " Motion passed by a vote of six yeas . Councilman Koch was not present , ( e ) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IMPROVEMENT NOS , 67 - 40 and 67 - 41 . RESOLUTION NO, 3339 It was moved by Councilman Pearson , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3339 en - titled " Resolution Approving Plans and Specifications and Author ' izing Advertisement for Bids Improvement Nos . 67 - 40 and 67 - 41 . " Motion passed by a six -yea vote . Councilman Koch was not present • 151 Council Minutes - August 7 , 1967 7 . (f ) RESOLUTION FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO HENNEPIN COUNTY PROJECT 6617 , CITY PROJECT NO, 66 - 12 . RESOLUTION 3340 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3340 entitled " Resolution for Appropriation of Municipal State Aid Funds to Hennepin County Project 6617 - City Project No . 66 - 12 . " Motion passed by a seven yea vote . ( g ) RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREET ( LOUISIANA AVENUE FROM OXFORD STREET TO EXCELSIOR BOULEVARD ) , RESOLUTION NO, 3341 A motion was made by Councilman Reynolds , seconded by Council - man Graves , to waive reading and adopt Resolution No . 3341 en - titled " Resolution Establishing Municipal State Aid Street Louisiana Avenue . " Motion passed by a seven yea vote . (h ) RESOLUTION FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO HENNEPIN COUNTY PROJECT 5813 , CITY PROJECT NO. 65 - 45 STORM SEWER . RESOLUTION 3342 A motion was made by Councilman Graves , seconded by Council - man Koch , to waive reading and adopt Resolution No . 3342 entitled " Resolution for Appropriation of Municipal State Aid Funds to Hennepin County Project 5813 , City Project No . 65 - 45 Storm Sewer . " Motion passed by a seven yea vote . ( i ) RESOLUTION FOR APPROPRIATION OF MUNICIPAL STATE AID FUNDS . RESOLUTION NO, 3343 It was moved by Councilman Koch , seconded by Councilman Howard , to waive reading and adopt Resolution No . 3343 entitled " Resolution for Appropriation of Municipal State Aid Funds . " Motion passed by a seven yea vote . (j ) FIRST READING OF PROPOSED ORDINAN EHE IGNATING 100 PUBLIC WAY AS GAMBLE DRIVE ( BETWEN 152 Council Minutes - August 7 , 1967 (j ) AND VERNON AVENUE NORTH OF, CEDAR LAKE ROAD ) . 7 . Co.unc �man Graves , seconded by Council - A motion was made by of proposed ordinance and set man Koch , to waive first reading 1 , 96 ? . Motion passed by a date for second reading Aug seven yea vote . (k ) RESOLUTION DECLARING COST TO BE ASSESSED AND ORDER - IN G PREPARATION OF PROPOSED ASSESSMENT ., RESOLUTION NO . 3344 It was moved by Councilman Howard , seconded by Councilman 3344 entitled Graves , to waive reading and adopt Resolutand Ordering Prepara - " Resolution Declaring Cost to be Assessed g tion of Proposed Assessment . if Motion passed by a seven yea vote . (1 ) RESOLUTION FOR HEARING ON PROPOSED SPECIAL - i3 S 535 MENT , IMPROVEMENT NOS . 64 - 081 64 - 431 65 75 , 66 66 1 66 - 15 , 65 - 54 , 64 - 290 65 - 24 , 66 - 22 ► 65 - 12 . RESOLUTION NO . 3345 A motion was made by Councilman Koch , seconded by Council - man Graves , to waive reading and adopt Resolution No . 3345 en - titled " Resolution for Hearing on Proposed Special Assessment , Improvement Nos . 64 - 08 , 64 - 431 65459 66 - 13 , 66 - 35 , 66 - 15 , 65 - 54 , 64 - 290 65 - 24 , 66 - 229 65 - 12 . " Motion passed by a seven yea vote . (m ) RESOLUTION REARRANGING THE BOUNEARIES OF CERTAIN VOTING PRECINCTS . It was moved by Councilman Reynolds , seconded by Councilman Koch , to waive reading and adopt resolution rearranging boundaries of voting precincts . Following a discussion with regard to ward boundaries , Councilman Reynolds withdrew the above motion . It was moved by Councilman Heltzer , seconded by Councilman Koch , to take action on the proposal regarding precincts as well as a pro - posal to rearrange ward boundaries by December 1 , 1967 . Motion passed by a seven yea vote . 8 . REPORT OF OFFICERS , BOARDS AND COMMITTEES ( a ) REPORT OF LAND ACQUISITION , 1 . Two storm sewer easements and two temporary construction easements dated July 17 , 1967 from Minneapolis Northfield 153 Council Minutes - August 7 , 1967 8 . ( a ) and Southern Railway for a part of Tracts D and E , Registered Land Survey No . 916 and part of Government Lot 3 , Section 9 , Township 117 , Range 212 Improvement No . 66 - 02 . It was moved by Councilman Pearson , seconded by Councilman Graves , to accept deeds and authorize City Clerk to file same for record . Motion passed by a seven yea vote . (b ) MINUTES OF JOINT MEETING OF CITY COUNCIL AND PARKS AND RECREATION ADVISORY COMMISSION HELD JULY 12 , 1967 . A motion was made by Councilman Pearson , seconded by Councilman Graves , that the Council Representative to the Parks and Recreation Advisory Commission request the Commission to forward to Council any areas relating to policy in the form of recommendations instead of orders . Motion passed by a seven yea vote . Mayor Thiel ordered the minutes received for filing . (c ) REPORT OF BOARD OF ZONING APPEALS ( CASE NO. 67 - 2O - VAR . ) RECOMMENDING FAVORABLY WITH CONDITION UPON THE RE - QUEST OF ROBERT J . MCNULTY CO . FOR VARIANCE FROM PRO- VISIONS OF SECTION 6 : 094 . 5 OF THE ZONING ORDINANCE TO PERMIT A FRONT YARD SETBACK OF FIFTEEN FEET INSTEAD OF THE REQUIRED TWENTY - FIVE FEET AT 7401 DEPOT AVENUE . It was moved by Councilman Koch , seconded by Councilman Reynolds , to set date for public hearing August 21 , 1967 . Motion passed by a seven yea vote . (d ) REPORT OF BOARD OF ZONING APPEALS ( CASE NO. 67 - 19 - VAR . ) UPON THE REQUEST OF DEAN MAAS FOR VARIANCE FROM PRO - VISIONS OF SECTION 6 : 032 . 35 , 6 : 044 AND 6 : 074 . 5 OF THE ZONING ORDINANCE TO PERMIT BUILDING A GARAGE WITH A SIX INCH REAR YARD SETBACK INSTEAD OF THE REQUIRED THIRTY FEET AT 4100 WOODDALE AVENUE ( BOARD RECOMMENDATION IS ONE FOOT VARIANCE ) . A motion was made by Councilman Heltzer , seconded by Councilman Graves , to set date for public hearing August 219 1967 . Motion passed by a seven yea vote . ( e ) MINUTES OF BOARD OF ZONING APPEALS MEETING HELD JULY 27 , 1967 . Upon hearing no objection , Mayor Thiel ordered the minutes received for filing . 154 Council Minutes - August 7 , 1967 E CITY FOR JUNE 1967 BY THE 8 . (f ) FINANCIAL REPORT OF TH CITY MANAGER . ob ' ection , Mayor Thiel ordered the report received Upon hearing no for filing . ( g ) SECOND QUARTER ACTIVITY REPORT OF THE CITY BY THE CITY MANAGER . g Upon hearing no objection , Mayor Thiel ordered the report received P for filing . (h ) REPORT OF CITY ATTORNEY REGARDING FUTTERMA. N - KNOLLWOOD EASEMENTS . It was moved by Councilman Pearson , seconded by Councilman Heltzer , to defer the matter to August 21 , 1967 . Motion passed by a seven yea vote . (i ) REPORT OF EMPLOYEE APPOINTMENT BY THE CITY MANAGER . It was moved by Councilman Reynolds , seconded by Councilman Graves , to approve the appointment of Marcella Miller as proba - tionary Clerk I , in Range GC 5 , Step B , effective August 14 , 1967 . Motion passed by a seven yea vote . 9 . UNFINISHED BUSINESS ( a ) AWARD OF CONTRACT FOR ALLEY PAVING IMPROVEMENT NOS . 66 - 80 , 67 - 22 AND 67 - 38 . RESOLUTION NO, 3346 A motion was made by Councilman Pearson , seconded by Council - man Reynolds , to waive reading and adopt Resolution No . 3346 entitled " Resolution Accepting Bid for Alley Paving Improvement Nos , 66 - 80 , 67 - 22 and 67 - 38 . " Motion passed by a seven yea vote . ( b ) AWARD OF CONTRACT FOR WATER MAIN AND SANITARY SEWER IMPROVEMENT NOS , 66 - 20 AND 66 - 27 . RESOLUTION NO, 3347 It was moved by Councilman Koch , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3347 entitled " Resolution Accepting Bid for Water Main and Sanitary Sewer Improvement Nos . 66 - 20 and 66 - 27 . if Motion passed by a seven yea vote . 155 i I Council Minutes - August 7 , 1967 90 (c ) IMPROVEMENT NO . 67 - 36 , PROPOSED CONCRETE ALLEY PAVING BETWEEN TOLEDO AVENUE , UTICA AVENUE , WEST 41ST STREET AND WEST 42ND STREET ( HEARING HELD JULY 17 , ACTION DEFERRED ) , RESOLUTION NO . 3348 r i i It was moved by Councilman Howard , seconded by Councilman j Heltzer , to waive reading and adopt Resolution No . 3348 entitled j " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 67 - 36 . It Motion passed by a vote of six j yeas and one nay , Councilman Reynolds voting nay . (d ) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD JUNE 14 , 1967 ( CAPITAL IMPROVEMENT BUDGET ) DEFERRED FROM JULY 171, 1967 . It was moved by Councilman Heltzer , seconded by Councilman Graves , to approve the 1967 Capital Outlay Budget for parks with the provision that before expenditures are made preliminary plans be submitted to Council for approval . Motion passed by a seven yea vote . (e ) CEDAR LAKE ROAD BRIDGE ( DEFERRED FROM JUNE 26s 19671 The City Attorney stated the meeting relating to the bridge was delayed to August 9 , 1967 . A report will be presented at the August 21 , 1967 Council meeting . 10 . NEW BUSINESS ( a ) APPLICATION FOR LICENSE TO SELL INTOXICATING LIQUOR OFF SALE BY JOHN RALLES ( KNOLLWOOD LIQUOR , 7924 HIGHWAY NO. 7 ) . A motion was made by Councilman Koch , seconded by Councilman Howard , to set date for public hearing August 28 , 1967 . Motion passed by a vote of six yeas , Councilman Pearson abstaining . (b ) COUNCIL MEETING AUGUST 14 , 1967 . It was moved by Councilman Reynolds , seconded by Councilman Graves , that no Council meeting be held August 14 , 1967 . Motion passed by a seven yea vote . 11 • MISCELLANEOUS ( a ) DAMAGE CLAIMS . 156 Council Minutes - August 71 1967 11 . a 1 . Mrs . M. M . Isenberg , 4311 West 25th Street * seconded by Councilman It was moved by C ouncilman Howard , proper action by Motion Reynolds , to file claim with the City Monopassed by a seven the City Manager and City Attorney . Mo yea vote . 12 . CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS . On motion of Councilman Howard', seconded by Councilman r Koch , Claim 14413 in the arhount of $ 55 . 00 and Glairri 14243 in the amount of $ 31 . 45 to Kokesh Hardware were deleted from the claim list by a seven yea vote . On motion of Councilman Reynolds , seconded by Councilman Graves , the lists of verified claims prepared by the Director of Finance and presented to the Council dated August 7 , 1967 in the total amounts of $ 27 , 302 . 21 for payroll and $ 162 , 469 . 45 for vendors were approved as amended , and the City Manager , City Clerk and City Treasurer were authorized to issue checks covering same by a seven yea vote . J J (b ) CONTRACT PAYMENTS I . Partial Payment No . 1 for storm sewer Improvement No , 66 - 2 , Contractor , Beatson & Kelly , Inc . Amount , $ 58 , 337 , 90 . 2 . Partial Payment No . 2 for general construction of library building . Contractor , Lund - Martin Co . Amount , $ 36 , 762 . 00 . 3 . Partial Payment No . 7 for Iron Removal Treatment Plant No . 6 and No . 10 , Improvement No . 66 - 34A. Contractor , Petersen - Templin , Inc . Amount , $45 , 615 . 60 . 4 . Partial Payment No . 3 for storm sewer Improvement No . 65 - 04 . Contractor , Johnson Bros . , Inc . Amount , $ 91 , 597 . 50 , 5 . Partial Payment No . 4 for sidewalk on Excelsior Boulevard , Improvement No . 66 - 08C . Contractor , Bryan Construction Company . Amount , $ 6 , 772 . 14 . 6 . Partial Payment No . 1 for paving , curb , gutter and sidewalk, Improvement Nos . 65 - 10 , 66 - 10 , 66 - 56 , 66 - 75 , Contractor , C . S . McCrossan , Inc . Amount , $ 56 , 079 . 24 . 7 . Partial Payment No . 3 for sanitary sewer and water main , Improvement Nos . 66 - 67 , 6648 # 67 - 01 * mount Contractor , Phelps - Drake Co . ) Inc . A , $46 , 243 . 53 . 157 Council Minutes - August 7 , 1967 A ' 12 . (b ) On motion of Councilman Reynolds , seconded by Councilman Pearson , the above payments on contract work presented by the City Engineer and Consulting Engineer were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a seven yea vote . 8 . Final Payment for traffic actuated traffic control system at Hampshire Avenue and Minnetonka Boulevard , Improvement No . 66 - 12 . Contractor , Collins Electric Company. Amount, $ 9 , 292 . 50 . RESOLUTION NO, 3349 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3349 entitled " Resolution Accepting Work on Traffic Actuated Control System at Hampshire Avenue and Minnetonka Boulevard Improvement No . 66 - 12 . 11 Motion passed by a seven yea vote . 9 . Final Payment for Standby Generator Facility . Contractor , Industrial Electric Company. Amount , $ 1 , 828 . 35 . RESOLUTION NO. 3350 It was moved by Councilman Graves , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3350 entitled " Resolution Accepting Work on Standby Generator Facility . " Motion passed by a seven yea vote . 13 . ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Heltzer , the meeting was adjourned at 11 : 27 p . m . by a seven yea vote . Leo and J . Thiel , vlafor Attest : BertY Cald ell , Secretary ' 158 I i