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HomeMy WebLinkAbout1968/05/20 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING i ST * LOUIS PARK , MINNESOTA May 20 , 1968 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Leonard Thiel at 8 : 10 P . M . I 2 . INVOCATION Invocation was given by Councilman Howard . 3 . ROLL CALL The following Councilmen were present at roll call : L� .l Murray Galins on Richard Graves James Heltzer Frank Howard Richard Koch Leonard Thiel Also present were the City . Manager , City Attorney , Planning Director , Director of Public Works and secretary . Councilman Reynolds arrived at 11 : o 0 P . m . 4 . MINUTES On motion of Councilman Koch , seconded by Councilman Howard , the minutes of the regular meeting held May 13 , 1968 were approved by a six yea vote . Councilman Reynolds was not present . 5 . PUBLIC HEARINGS ( a ) 1MP �� OVEMENT NO . 68 - 01 , pROPOSJ J STORM SEWER IN WEST 38TH STREET FROM BOONE AVENUE TO GREAT NORTHERN RAILROAD RIGHT OF WAY , IN GREAT NORTHERN RAILROAD RIGHT OF WAY FROM WEST 34TH STREET TO MINNEHAHA CREEK , AND IN WEST 34TH STREET FROM DECATUR LANE TO MINNEHAHA CREEK . Kenneth Wolfe , 8825 West 34th Street , questioned whether the drainage would be solved by running 1000 feet of storm sewer along the railroad track to serve two homes . Earl Isensee , representing Harvey Chaskee , owner of property at the west 131 Council Minutes - May 20 , 1968 5 . ( a ) end of 34th Street , requested that the City open the street . It was moved by Councilman Galinson , seconded by Councilman ' be continued to June 3 , 1968 . Motion Hel tze r , that the hearing g passed by a six yea vote . Councilman Reynolds was not present . " 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS , IMPROVE - MENT NOS . 65 - 45A , 65 - 45B , 65 - 45C , 65 - 68B , 67 - 43 , 67 - 581 66 - 25 , 66 - 26 , 67 - 329 68 - 06 , 68 - 081 68 - 13 . RESOLUTION NO . 3533 It was moved by Councilman Howard , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3533 en - titled " Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids Improvement Nos . 66 - 25 , , 68 - 13 , 68 - 08 , 66 - 26 , 67 - 32 , 68 - 06 , 65 - 45A , 65 - 45B , 65 - 45C , 65 - 681 67 - 43 , 67 - 58e " Motion passed by a seven yea vote . ( b ) RESOLUTION FOR HEARING ON PROPOSED SPECIAL , ASSESSMENT IMPROVEMENT NO . 66 - 58 (SIDEWALK ON NORTH SIDE OF WEST 26TH STREET BETWEEN HAMPSHIRE AVENUE AND DAKOTA AVENUE ) , RESOLUTION NO , 3 534 A motion was made by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No , 3534 entitled " Resolution for Hearing on Proposed Special Assessment Improvement No . 66 - 58 , " Motion passed by a seven yea vote . Hearing will be held June 3 , 1968 . ( c ) FIRST READING OF PROPOSED ORDINANCE REGULATING AND LICENSING MOTORCYCLES , MOTOR SCOOTERS AND MOTOR BIKES . R It was moved by Councilman Galinson , seconded by Councilman Howard , to waive first reading of proposed ordinance and set date for second reading June 3 , 1968 . Motion passed by a seven yea vote . ( d ) FIRST READING OF PROPOSED ORDINANCE AUTHORIZING p CONVEYANCE BY THE CITY OF ONE - HALF INTEREST IN LOTS 2 AND 159 TEMPLE ' S GARDEN LOTS TO VILLAGE OF MINNETONKA , 132 Council Minutes - May 20 , 1968 7 . ( d ) A motion was made by Councilman Reynolds , seconded by Councilman Koch , to waive first reading of proposed ordinance and to set date for second reading June 3 , 1968 . Motion passed by a seven yea vote . ( e ) SECOND READING OF PROPOSED ORDINANCE AUTHORIZING CONVEYANCE OF TITLE TO WATER MAIN EASEMENT IN EXCHANGE FOR ACQUISITION OF NEW WATER MAIN EASE - MENT . ORDINANCE NO . 1033 _. It was moved by Councilman Graves , seconded by Councilman Galinson , to waive second reading and adopt Ordinance No . 1033 entitled " An Ordinance Authorizing Conveyance of Title to Drainage Easement in Exchange for Acquisition of Title to New Drainage Easement . " Motion passed by a seven yea vote . A motion was made by Councilman Graves , seconded by Council - man Galinson , to authorize the Mayor and City Manager to exe - cute the agreement on behalf of the City . Motion passed by a seven yea vote . ( f ) SECOND READING OF PROPOSED ORDINANCE REGULATING AIR POLLUTION ( DEFERRED FROM MAY 138 1968 ) , Tom Reiersgo. rd , representing Republic Creosote Company , requested that Council amend the proposed ordinance by delet - ing the licensing provisions and eliminating analysis fees in Section 4 : 815 . 29 . Robert Thornburg , Secretary of the Minnesota Petroleum Council presented a statement to Council . Howard Scott , representative of the National Coal Association of Minnesota , Wisconsin and Michigan , recommended acceptance of ASME APS - 1 code standards in Section 4 : 8150 45 . Dr . Paulus, Professor of the School of Public Health z t the University of Minnesota and technical advisor for the Air Pollution Committee , stated the proposed ordinance was a fair one . Gene Strommen , representing the Chamber of Commerce , suggested if further study was needed the Chamber would be Willing to participate . Edward Wlik , chief engineer of the State Pollution Agency , stated he was in favor of the proposed ordinance . Don Hagen , M . B . Hagen Company , Hopkins , proposed the licens - ing fee be deleted from the ordinance . Mark Rodman , attorney for the South Oak Hill Improvement Association , urged the licens - ing provisions be utilized , suggested the use of petition of formal complaint by citizens , suggested a change in the hearing procedure , and urged adoption of the ordinance . 133 Council Minutes - May 20 , 1968 r ? . ( f ) _ ORDINANCE NO. 1034 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive second reading and adopt Ordinance No . 1034 entitled " An Ordinance Regulating Burning ; Requiring Control and Correction of Air Pollution ; Requiring Licenses and Permits to Operate Certain Equipment ; and Providing Penalties for Viola . tions of the Provisions Thereof , " including additions from the last committee meeting which were presented to Council tor4ght , and adding the word " obnoxious " before the word " offensive " in Section 4 : 815 . 81 and adding the word " obnoxious " between the words " irritating " and " odors " in Section 4 : 815 . 82. Motion passed by a seven yea vote . ( g ) SECOND READING OF PROPOSED ORDINANCE ESTABLISHING THE HUMAN RELATIONS ADVISORY COMMISSION AND DEFIN . ING ITS POWERS AND DUTIES ( DEFERRED FROM APRIL 29 , 19 68 ) . It was moved by Councilman Heltzer , seconded by Councilman Galinson , to take from the table . Motion passed by a six yea vote . Councilman Reynolds was not present . The City Attorney gave the backgrqund of the proposed ordinance and quoted from the Attorney General ' s opinion as follows : " The power to exer - cise discretionary powers with regard to civil rights under 1 . 02 Of the charter resides in the council , the power to act adminis - tratively resides in the manager , and a commission is limited to advisory and investigative powers . " 1 motion was made by Councilman Heltzer , seconded by Councilman Koch , to sub - stitute the ordinance which had first reading with the ordinance prepared by the Human Relations Council and submitted to the Attorney General , with one amendment ; deleting the third sen - tence in Section 1 : 184 , Subdc. 10 Motion passed by a four yea vote , Councilmen ThiMotionel and Howard voting nay . It was moved by Councilman Koch , seconded by Councilman Galinson , to amend Section 1 : 184 , Subd , 1 with the last sen - tence to read : " The Executive Director shall be under the administrative rules and regulations of the City of St . Louis ' Park . " Motion passed by a four yea vote , Councilmen Howard and Thiel voting nay . a A motion was made by Councilman Galinson , seconded by Councilman Koch , to amend Section 1 : 182 , Subd . 2 with the first sentence to read : " All of the members of the Commission � shall be citizens and residents of the City of St . Louis Park . " i Motion passed by a vote of six yeas, 134 council Minutes - May 20 , 1968 7 . ( g ) Mayor Thiel requested the following statement be included in the minute s : ' I do not intend to vote for the motion . If it we re first reading it would be easier for me to go along but to imple - ment the amendments , I would first like to see them on paper . I feel this is an important piece of legislation enveloping the entire citizenry of St. Louis Park . I believe the citizens would better be served if the two attorneys would meet and come back with a written ordinance such as discussed tonight . We should make provisions in the budget for the director . I would like to see the budgetary effect , therefore I am voting against this . " ORDINANCE NO , 1035 It was moved by Councilman Galinson , seconded by Councilman Koch , to waive second reading and adopt Ordinance No . 1035 entitled " An Ordinance Establishing the Human Rights Com - mission , Defining its Powers and Duties , " as amended above . Motion passed by a vote of four yeas and two nays , Councilmen Howard and Thiel voting nay . Councilman Reynolds was not prese nt. 8 . REPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) MINUTES OF PARKS AND RECREATION ADVISORY COM- MISSION MEETING HELD MAY 8 , 19689 Upon hearing no objection Mayor Thiel ordered the minutes received for filing , ( b ) REPORT OF EMPLOYEE APPOINTMENT AND PROMOTION . It was moved by Councilman Galinson , seconded by Council - man Graves , to approve the following appointment and promo - tion : Allen Ludtke , appointment cas probationary Recreation Super - visor , Range PA 1 , Step B , effective June 3 , 1968 . Bridget Yokum , promotion to probationary Clerk II , Range GC 7 , Step A , effective June 3 , 1968 . Motion passed by a seven yea vote . (c ) REPORT OF PLANNING COMMISSION ( CASE NO . 68 - 7 - SP ) RECOMMENDING FAVORABLY WITH CONDITIONS FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 092 , 1 OF THE ZONING ORDINANCE TO CONSTRUCT A COMMUNITY CENTER COMPLEX IN AN R - 4 DISTRICT ( NORTH OF CEDAR LAKE ROAD AND WEST OF FRANCE AVENUE ) UPON THE 135 Council Minutes - May 201 1968 8 . c ) -REQUEST OF JEWISH COMMUNITY CENTER OF GREATER MINNEAPOLIS . ' RESOLUTION NO . 3535 A motion was made by Councilman Graves , seconded by Council _ , man Galinson , to waive reading and adopt Resolution No . 3535 entitled " Resolution Amending Resolution No . 3453 Granting Permit Under Section 6 : 092 . 1 of the St . Louis Park Zoning Ord - inance for Jewish Community Center , Changing Conditions . " Motion passed by a six yea vote . Councilman Reynolds was not , present . ( d ) REPORT OF PLANNING COMMISSION ( CASE NO . 68 - 11 - SP ) RECOMMENDING FAVORABLY WITH CONDITIONS UPON THE REQUEST OF STANLEY R . THOMAS FOR SPECIAL PER - MIT UNDER PROVISIONS OF SECTION 6 : 176 . 4 OF THE ZON - ING ORDINANCE TO ALLOW ONE 43 UNIT APARTMENT BUILDING IN R - 4 DISTRICT AT 1410 COLORADO AVENUE , Stanley Thomas , 5700 West 36th Street , was present . The Planning Director explained the request . The Director of Public Works described the drainage problem for the area . . t RESOLUTION NO , 3536 It was moved by Councilman Howard , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3536 en - titled " Resolution Granting Permit Under Section 6 : 176 . 4 of the St . Louis Park Zoning Ordinance for one Forty - three Unit Apartment Building , " as amended by deleting condition 3 , and subject to no building permit being issued until drainage plan is approved by the Engineering Department . Before a vote was taken a motion was made by Councilman Koch , seconded by Councilman Galinson to amend the motion so that condition 4 reads : " That at least 1 . 5 parking spaces be provided per dwelling unit without charge to anyone for the use thereof * " Motion passed by a six yea vote . Councilman Reynolds was not present. A motion was made by Councilman Koch , seconded by Council - ' man Galinson that condition 3 of the special permit read : " The floor of the lowest level shall be not more than thirty - eight ( 38 ) inches below grade . " Motion passed by a six yea vote .. Council ' man Reynolds was not present . Vote on the original motion pas sedwith six yeas , as amended. Councilman Reynolds was not present . 136 Council Minutes - May 20 , 1968 8 . (d ) A motion was made by Councilman Heltzer , seconded by Council - man Graves , that the Planning Director and City Attorney re are proposed changes in the Zoning Ordinance to reflect the discussion Mi on dwelling units held this evening Motion passed by a six yea vote . Councilman Reynolds was not present . It was moved by Councilman Howard , seconded by Councilman Koch , that all parking requirements be increased fifty percent in all categories . After discussion the motion was withdrawn . A motion was made by Councilman Howard , seconded by Council - man Graves , to refer to Planning Commission a study of the parking requirements with recommendations to Council by July 1 , 19689 Motion passed by a six yea vote . Councilman Reynolds was not present . (e ) REPORT OF PLANNING COMMISSION ( CASE NO . 68 - 15 - Z ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF BEARCOOP REALTY CO. TO REZONE THE PROPERTY ON WEST SIDE OF HAMPSHIRE AVENUE BETWEEN WEST 14TH STREET AND HIGHWAY NO, 12 FROM R - 4 DISTRICT TO B - 2 IISTRICT . A motion was made by Councilman Graves , seconded by Council - man Heltzer , to deny the request . Motion passed by a six yea vote , Mayor Thiel voting nay . (f ) REPORT OF PLANNING COMMISSION ( CASE NO. 68 - 16 - Z ) RECOMMENDING FAVORABLY WITH CONDITIONS UPON THE REQUEST OF CLARENCE AND DOROTHY PETERSON TO RE - ZONE 2950 JOPPA AVENUE FROM R - 4 DISTRICT TO B - 1 DIS TRIC T . It was moved by Councilman Koch , seconded by Councilman Howard , to set date for public hearing June 3 , 1968 . Before a vote was taken it was moved by Councilman Heltzer , seconded by Councilman Graves , to amend the motion to set public hear - ing June 10 , 1968 . Motion lost by a roll call vote of four nays and three yeas , Councilmen Galinson , Graves and Heltzer vot - ing yea and Councilmen Howard , Koch , Reynolds and Thiel voting nay. Curtis Pearson , 2200 First National Bank Building , attorney for the applicants , was present to request a hearing as soon as possible . Seymour Druskin , 4717 West 28th Street , spoke on behalf of the Park Hill Improvement Association , urging Council to con - sider the entire area rather than one parcel . 137 fv Council Minutes - May 20 , 1968 8 . (f ) Vote on the original motion to set date for public he-aring June 3 , 1968 passed . by a seven yea vote . . J ( g ) REPORT OF CITY MANAGER ( M . & C . NO . 68 - 18 ) CONCERN - ING ADJUSTMENT IN PURCHASE OF PROPERTY FROM J . V . G LEAS ON . t It was moved by Councilman Heltzer , seconded by Councilman Graves , to table the matter . Motion passed by a roll call vote of five yeas and two nays , Councilmen Galinson , Graves , Heltzer , Koch and Thiel voting yea , and Councilmen Howard and Reynolds voting nay . Mayor Thiel requested this on the agenda July 15 , 1968 . (h ) MINUTES OF PLANNING COMMISSION MEETING HELD MAY 1 , 1968 . Upon hearing no objection Mayor Thiel ordered the minutes received for filing . t (i ) REPORT OF DIRECTOR OF PUBLIC WORKS CONCERNING STUDY OF AREA OF WEST 38TH STREET , OTTAWA AVENUE AND PRINCETON AVENUE ( REQUESTED BY COUNCIL JUNE 51 19 67 ) . r r ` A motion was made by Councilman Heltzer , seconded by Council - man Koch , to approve the recommendations of the Director of Public Works dated May 15 , 1968 regarding the study in connec - r tion with paving project 66 - 83 ( West 38th Street ) T - 68 - 17 . Motion passed by a roll call vote of four yeas and three nays , Council - men Galinson , Heltzer , Koch and Thiel voting yea and Councilman Graves , Howard and Reynolds voting nay . (j ) REPORT OF LAND ACQUISITION BY THE CITY MANAGER . i It was moved by Councilman Galinson , seconded by Councilman Koch , to accept deed from Independent School District 283 for a portion of the south one - half of the southeast one - quarter of Section 18 , Township 117 , Range 21 , dated May 13 , 1968 and authorize the City Clerk to file same for record . Motion passed by a seven yea vote . (Improvement No . 65 - 01 on West 36th Street west of Texas Avenue ) . (k ) FINANCIAL REPORT OF THE CITY FOR APRIL 1968 BY THE CITY MANAGER . Upon hearing no objection Mayor Thiel ordered the report received for filing . 138 Council Minutes - May 20 , 1968 9 , UNFINISHED BUSINESS (a ) PROGRESS REPORT ON WORKABLE PROGRAM , A motion was made by Councilman Galinson , seconded by Council - man Graves , to defer the matter to June 3 , 1968 . Motion passed by a seven yea vote . (b ) AWARD OF CONTRACT FOR CONCRETE ALLEY PAVING , IMPROVEMENT NOS , 67 - 461 67 - 50 , 67 - 51 , 6844 , 68 - 07 , 68 - 09 , 68 - 14 . RESOLUTION NO , 3537 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3537 entitled " Resolution Accepting Bid for Concrete Alley Paving Improve - ment Nos . 67 - 46 , 67 - 50 , 67 - 51 , 68 - 04 , 68 - 07 , 68 - 09 , 68 - 14 . " Motion passed by a seven yea vote . (c ) RECOMMENDATION OF PLANNING DIRECTOR ( CASE NO. 65 - 40 - Z ) TO REZONE AREA ON OREGON AVENUE AT WEST LAKE STREET ( INITIATED BY COUNCIL - DEFERRED FROM APRIL 292 19 68 ) . It was moved by Councilman Heltzer , seconded by Councilman Galinson , to set date for public hearing June 10 , - 1968 . Motion passed by a seven yea vote . 10 . NEW BUSINESS ( a ) TABULATION OF BIDS FOR STREET WORK SUPPLIES . ilman Heltzer , seconded by Councilman It was moved by Counc Graves , to designate the following as the lowest responsible bidders , to accept bids in the amountslisted below , and to author - ize the Mayor and City Manager to execute the necessary con - tracts . Black Top Service Co . , Inc . RC - 800 Asphalt $ 51400 Black Top Service Co . , Inc . " AC - 1 Mixture . 29000 Black Top Service Co . t Inc . SC - 3000 56 , 400 Black Top Service Co . , Inc . SC - 250 3j000 Minder Johnson , Inc . Gravel Cl . 5 11 , 040 Anderson Aggregates , Inc . Seal Coat Agg . City Spec . 570 Anderson Aggregates , Inc . Seal Coat Agg . 51875 (FA - 4 ) 139 Council Minutes - May 20 , 1968 , 10 . ( a ) Richards Oil Co . - MC - 30 Asphalt $ 214v 500 _ Anderson Aggregates , Inc . Sand ( FA - 1 ) 575 Edw . Kraemer & Sons CR . Limestone 21050 ( State Hwy . Spec . Motion passed by a seven yea vote . (b ) PROPOSED AGREEMENT WITH THE VILLAGE OF EDINA RELATIVE TO CONSTRUCTION OF STORM SEWER SYSTEM , r CITY PROJECT NO . 62 - 85 * It was moved by Councilman Graves , seconded by Councilman Heltzer to approve the agreement with the Village of Edina rela - tive to construction of storm sewer system , City Project No . 62 - 85 , and to authorize the Mayor and City Manager to execute on behalf of the City . Motion passed by a seven yea vote . ( c ) COUNCIL NOMINATING COMMITTEE Amended b/3 /: It was moved by Councilman Howard , seconded by Councilman Reynolds ' that the Mayor appoint two weeks from now three Councilmen to the nominating committee to keep a rotating system . Before a vote was taken it was moved by Councilman Galinson , seconded by Councilman Koch , to table this matter until staff can research the proper procedure . Motion lost by a roll call vote of three yeas and four nays , Councilmen Galinson , Heltzer and Koch voting yea and Councilmen Graves , Howard , Reynolds and Thiel t voting nay . The City Attorney read from the minutes of January 22 , 1968 where the previous committee was organized by a motion. A motion was made by Councilman Galinson , seconded by Council - man Koch , that the nominating committee serve for a period of four weeks and the Mayor appoint each four weeks thereafter . Motion lost ., Councilman Heltzer was not present . A motion was made by Councilman Howard , seconded by Council " man Reynolds , to change the motion of January 22 , 1968 for pro ' cedure of nominating committee that the Mayor appoint a nomin - ating committee to take office June 4 , 1968 . Before a vote was taken it was moved by Councilman Graves , seconded by Council man Howard , to change the motion of January 22 , 1968 for pro - ' cedure of the nominating committee that the entire Council act as the committee , to take office June 5 , 1968 . Motion passed by a five yea vote . Councilman Galinson voted nay and Council - i man Heltzer was notresen r P t. 140 ' Council Minutes - May 20 , 1968 10 . ( d ) PROPOSED AGREEMENT WITH THE CITY OF MINNEAPOLIS _ RELATIVE TO CONSTRUCTION OF STORM SEWER SYSTEM , CITY PROJECT NO, 62 - 85 . It was moved by Councilman Reynolds , seconded by Councilman Galinson , to defer to June 3 , 1968 . Motion passed by a seven yea vote . ( e ) COUNCIL MEETING MAY 27 , 1968 A motion was made by Councilman Galinson , seconded by Councilman Graves , that no Council meeting be held May 27 , 1968 . Motion passed by a six yea vote . Councilman Heltzer was not present . 11 . MISCELLANEOUS ( a ) None . 12 . CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS . On motion of Councilman Koch , seconded by Councilman Galinson , the lists of verified claims prepared by the Director of Finance and presented to the Council dated May 20 , 1968 in the total amounts of $4 , 577 . 69 for payroll , and $ 93 , 292 . 19 for vendors were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a six yea vote . Councilman Heltzer was not present . 13 . ADJOURNMENT On motion of Councilman Koch , seconded by Councilman Graves , the meeting was adjourned at 2 : 45 a . m , by a six yea vote . Councilman Heltzer was not present * l onard J . T Al , Mayor Atte s t : Betty Caldwell , Secretary Li 141