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HomeMy WebLinkAbout1969/12/15 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COU ST . LIOUIS PARK NCIL MEETING December 15 , 1969 OTA lgb9 1 . CALL TO ORDER A regular meeting of the City Coun ' Thiel at 8 ; 04 p �, m . cil was called to order by Mayor 2 . INVOCATION Invocation was given by Rev . Paul aul Obe nauf of the Wooddale Lutheran 3 • ROLL CALL The following Councilmen were present at roll call : Murray Galinson Richard Graves James Heltzer Frank Howard Richard Koch Leonard Thiel Also present were the City Manager , Assistant City Manager , Attorney , Planning Director , Director of Public works , Finance Director , and Secretary. 4 . MINUTES C)A motion of Councilman Howard , seconded by Councilman Graves,. the minutes of the regular meeting held December 8 , 1969 , were approved by a six yea vote 5 . PUBLIC HEARINGS None 6. PE TI TI ONS , REQUESTS , AND C OMMUNICA TI ONS (a ) APPLICATION TO HOLD PUBLIC DANCE AT BENILDE HIGH SCHOOL JANUARY 10 , 1970 BY GOOD SHEPHERD YOUTH COUNCIL. A motion was made by Councilman Galinson , seconded by Councilman Graves , to approve the request . The motion carried 5 - 0 . ( Councilman Howard was out of the chambers ). 375 Council Minutes , December 15 , 1969 6 . (b ) APPLICATIONS FOR RENEWAL OF NON - INTOXICATING MALT LIQUOR LICENSES - ON AND OFF SALE It was moved by Councilman Graves , seconded by Councilman Heltzer , to approve issuance of the following licenses : On Sale Frank Lundberg Poi ': : 5707 Excelsior Boulevard ( Club ) Park Pizza : Ing e dba Shakey ' s Pizza , 6501 Wayzata Boulevard Park Tavern . 7201 Minnetonka Boulevard Veterans of Foreign Wars , 5605 West 36th Street ( Club ) Minneapolis Golf Club , 2001 Flag Avenue The Pizza House , Inc . , 4530 Excelsior Boulevard Off Sale : Al ' s Liquor Store , 3912 Excelsior Boulevard Boulevard Delicatessen , 7204 l(iinnetonka Boulevard Brookside Drug Store , 6001 Excelsior Boulevard Family Fruit Store ; 4409 Excelsior Boulevard Giller Liquors , Inc , , 4110 Minnetonka Boulevard Han - Dee Food Centre , 4201 West Lake Street Kenny ' s Market , 7119 Cedar Lake Road Knollwood Liquors ., 7924 Highway No . 7 Lincoln Del West , Inc . , 5201 Wayzata Boulevard Lincoln Baking Co . Inc . , 4100 West Lake Street Milt ' s Market , 4000 Minnetonka Boulevard Min - It Market , 6300 West Lake Street National Food Stores , Inc , , 2326 Louisiana Avenue National Food Stores , Inc . , 8236 Highway No . 7 Park Delicatessen , Inc . , 4212 West Lake Street The Park Kwik Shop , 5555 West Lake Street Park Tave rm , 7201 Minnetonka Boulevard Penny ' s Super Mark , t , Inc . , 8000 Minnetonka Boulevard Red Owl Store , Inc , 8124 Highway No . 7 Red Owl Store , Inc ,. ,, 5021 Excelsior Boulevard Reiss , Inc , ,, 6900 West Lake Street Shink Drug , 4801 Minnetonka Boulevard Snyders Drug Stores . Inc . , 5425 Excelsior Boulevard Sol ' s Superette , 7240 Cedar Lake Road Tom Thumb Superette , 8140 Minnetonka Boulevard Walgreen Co . , 8308 Highway No . 7 Westwood Pharmacy , Inc ., , 7105 Cedar Lake Road The motion carried 6 - 0 . 376 Council Minutes , December 15 , 1969 7 . RESOLUTIONS AND ORDINANCES ( a ) SECOND READING OF PROPOSED TAXIDERMY00 REQUIRING LICENSORDINANCE REGULATING BUSINESS ; AND PROVIDING P'rNAE TO OPERATE SUCH A LTIES F THE PROVISIONS THEREOF OR VIOLATIONS OF ORDINANCE; NO. 1094 It was moved by Councilman Graves , seconded by Coun Howard , to waive second reading and adopt Ordinance oilman 1094 entitled , " An Ordinance Regulating Taxidermy • Re u iri License to Operate such a Business ; and ProvidingPenaltiesng for Violations of the Provisions Thereof. " The motion carried 5 - 1 , Councilman Koch voting nay, (b ) RESOLUTION APPROPRIATING MUNICIPAL STATE AID FUNDS TO HENNEPIN COUNTY PROJECT SAP 27 - 618 - 20 C . S . A . H. 18 , CITY PROJECT 66 - 73 COOPERATIVE AGREEMENT PW - 13 - 06 - 69 RESOLUTION NO, 3886 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3886 entitled , " Resolution Appropriating Municipal State Aid Funds to Hennepin County Project SAP 27 - 618 - 20 - C . S . A . H . 18 , City Project 66 - 73 Cooperative Agreement PW - 13 « 05 - 69 . " The motion carried 6 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF THE PLANNING COMMISSION RECOMMENDING FAVORABLY UPON THE REQUEST OF SHELDON WERT AND RICHARD GARMAKER TO AMEND THE SPECIAL PERMIT FOR THE RESIDENTIAL DEVELOPMENT UNIT IN SHELARD PARK BY INCLUSION OF DETAILED PLANS FOR A 150 - UNIT APARTIViENT BUILDING ON LOT 2 AND A PORTION OF LOT 1 , BLOCK 5 , SHELARD PARK ( CASE NO. 69 - 52 - S . PO ) RESOLUTION NO, 3887 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3887 entitled , " Resolution Amending Resolution No , 3787 Granting Permit Under Sections 6 : 176 : 2 and 6 : 176 . 4 of the St . Louis Park Zoning Ordinance for Residential Development Unit and Commercial Development Unit and Previously Amended by Resolution No . 3866 Adopted November 31 1969 , Shelard Development Company . " The motion carried 5 - 0 . ( Councilman Howard was out of the chambers ) . 377 Council Minutes , December 15 , 1969 8 . (b ) PRELIMINARY REPORT OF DEPARTMENT OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO THE FOLLOWING IMPROVEMENTS : 1 . No . 69 - 37 , concrete alley paving from 1st Street N . W . toward Lake Street between Louisiana Avenue and High School . 2 . No . 69 - 38 , concrete alley paving , between Colorado Avenue and Dakota Avenue from West 28th Street to West 29th Street . 3 . No . 69 - 39 , concrete alley paving , between Florida Avenue and Georgia Avenue from West 29th Street to Minnetonka Boulevard ( T - Alley ) . 4 . No . 70 - 04 , concrete alley paving , between Jersey Avenue and Kentucky Avenue from West 31st Street to West 32nd Street 5 . No . 70 - 14 , concrete alley paving , between Georgia Avenue and Hampshire Avenue from West 27th Street to West 28th Street . 6 . No . 70 - 15 , concrete alley paving , between Quebec Avenue and Rhode Island Avenue from West 28th Street to Vilest 29th Street 7 . No . 70 - 16 , concre - e alley paving ; between Georgia Avenue and Hampshire Avenue from West 28th Street to Weat 29th Street , RESOLUTION NO , 3888 It was moved by Councilman Hei Council Minutes , December 15 , 1969 8 . (d ) RESOLUTION NO , 3889 It was moved by Councilman Koch , seconded b Councilman Howard , to waive reading and adopt Resolution " Resolution for Hearing on petition to Vacate Pumotion 3889 entitled , Easement . " The motion setting the date for heablic Utility 1969 carried 6 - 0 , ring December 29 , ( e ) MINUTES OF THE PLANNING COMMISSION IViEETI DECEMBER 3 , 1969 NG HELD Upon hearing no discussion , the Mayor ordered the minutes to be received for filing . (f ) MINUTES OF BOARD OF ZONING APPEALS IVIEETING HELD DECEMBER 4 , 1969 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( g ) REPORT OF CITY ATTORNEY RELATIVE TO SNOWMOBILE ORDINANCE PROVISIONS TO CONFORM TO 1969 LEGISLATURE Councilman Heltzer expressed concern about the City not having the authority to regulate snowmobiles on City streets . Councilman Heltzer moved to add to Section 3 ; 424 the provision that snowmobiles cannot be used on City streets from one - half hour after sunset to one - half hour before sunrise . Councilman Koch seconded and the motion carried 5 - 1 , Councilman Galinson voting nay . Councilman Galinson moved to change the words " only if he has " in Section 3 : 428 to "without aavh1g4 and delete the following in Section 3 : 432 : "provided however this provision shall not apply to the operation of a snowmobile on the private property of an owner by the owner or a member of his immediate family or to duly authorized police officers or other officers , employees or agents of political subdivisions of the State of Minnesota while in the performance of their duties " Councilman Koch seconded the motion which carried unanimously. Councilman Koch moved to waive first reading of proposed ordinance , as amended , and set date for second reading December 29 , 1969 . Councilman Graves seconded the motion which carried 6 - 0 . 379 Council Minutes , December 15 , 1969 Councilman Howard moved that letters be sent to State legislators , r 8 . ( g ) Counci Minnesota League o Hennepin County League of Municipal 1Commis Sion stating that } Municipalities , and State Conservation Council is dissatisified regarding not being allowed to regulate snowmobiles on City streets and the lack of lights on sleds bein towed . Councilman Heltzer seconded the motion which g carried unanimously . CONSTRUCTION CODES ADVISORY (h ) MINUTES OF BUILDING CONSTRU 1969 COMMISSION NLEE T INC HELD DECEMBER 21 There being no objection , the minutes were ordered by the Mayor to be received for filing . 9 . UNFINISHED BUSINESS ( a ) PROPOSED REZONING OF PROPERTY NORTH AND EAST OF THE INTERSECTION OF QUENTIN AVENUE AND WEST STREET FROM R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT TO RB , RESIDENTIAL BUSINESS DISTRICT ( CBE NO. 69 - 6 - Z . ) ( TABLED MAY 26 , 1969 ) - REQUESTED TO REMOVED FRONL TABLE BY MR . FUDALL ATTORNEY . It was moved by Councilman Galinson , seconded by Councilman Heltzer , to remove this matter from the table . The motion carried 6 - 0 . Councilman Koch moved to refer the matter to the Planning Commission for review and recommendation of items listed in the report of the Planning Department . Councilman Graves seconded the motion. Mr . Fudali , attorney for Baltimore Realty , the petitioner , said that Mr . Bob Ehrenberg was present representing Charles Freidheim Company and Dr . Charles Raab , representing the Medical Center . He explained that both have not agreed on the alignment of Quentin Avenue . Both agreed that it should be somewhat west of the route indicated on the Comprehensive Plan . Mr . Fudali requested that a new date be set by Council ' for a public hearing . Council agreed that it was premature to set date for hearing until the alignment of the streets had been decided upon . Councilman Koch moved to table . The motion was seconded by Councilman Galinson and lost 3 - 3 . 380 Council Minutes , December 15 , � 9b9 9 . ( a ) The vote on the motion to refer tothe Plannin unanimously . g Commission carried 10 . NEW BUSINESS ( a ) TABULATION OF BIDS - REPAIR OFWELL AND PUMP DEEP WELL Councilman Howard moved to authorize contract with E . H & Sons in the amount of $ 24 , 830 . 770 with contract to be execut der by the Mayor and City Manager . Councilman Graves seconded and the motion carried 5 - 0 . ( Councilman Koch was out of the chambers ) . (b ) TABULATION OF INSURANCE BIDS Councilman Howard responsided to criticisms made in letter from Mr . D . A . Torgrimson (present in the chambers ) , 7450 France Avenue South , Employers Insurance of Wausau , concerning rating , security , and price of insurance . Councilman Howard moved to designate the following as lowest responsible bidders : Public Officials Bonds to TransAmerica Insurance Company ( Park Plaza State Agency , Inc . ) for three - year period ; Comprehensive Public Liability , .Em loyers , Insurance of E Cmc►, F E S/rA Li40FI �y .v o PRo ER Wausau , one - year period ; ancA Vhysica� amage tb �ome �' RNo Insurance Company ( Twin City Insurance Agency ) , one - year period ) . Councilman Galinson seconded and the motion carried 5 - 0 . ( Councilman Galinson had left the chambers before the vote was taken ) . (c ) PROPOSED AGREEMENT WITH HENNEPIN COUNTY FOR BASIC STREET AND TRAFFIC INVENTORY UNDER " TOPICS " The City Manager explained the proposed agreement as a planning inventory study, in no way binding the City to further suggested improvements . It was moved by Councilman Galinson , seconded by Councilman Howard , to authorize Mayor and City Manager to execute . The motion carried 6 - 0 . ( d ) CONTRACT FOR ARCHITECTURAL WORK - PUBLIC WORKS FACILITY Councilman Galinson moved to defer to May 22 , 1969 in order tog ive Council time to study the contract . Councilman Koch seconded and the motion carried unanimously . 381 i Council Minutes , December 15 , 1969 10 . ( e ) EMPLOYEE APPOINTNLENT - LABORER II Councilman Graves moved to concur with appointment of Raymond Dudycha , Laborer II , Water and Sewer Department . Councilman Koch seconded and the motion carried 6 - 0 . (f ) APPOINTMENT OF ALTERNATE DELEGATE TO BASSETT CREEK COMMITTEE Mayor Thiel suggested the appointment of Councilman - elect Frank Fleetham to serve as alternate member to the Bassett Creek Committee . There being no objection , the appointment was approved . 11 . MISCELLANEOUS ( a ) LIGHTING OF BARRIER - HIGHWAY 100 Councilman Galinson said that he would like to have a communication from the State of Minnesota in writing telling when they intend to light the barrier from Minnetonka to Cedar Lake Road and why are they not putting in lighting like Golden Valley . Councilman Galinson moved to adjourn to the conference room for discussion of attorney appointment . Councilman Graves seconded and the motion carried with six yeas . (b ) APPOINTMENT OF LEGAL COUNSEL Councilman Koch moved that two firms be hired , one for traffic and criminal prosecution and one for Council and City functions . Councilman Galinson seconded and the motion carried 4 - 2 , Councilman Heltzer and Mayor Thiel voting nay . It was understood that the Council would have the right to select attorneys in special - ized fields should they deem it necessary . It was moved by Councilman Galinson , seconded by Councilman Howard , not to interview any more firms . The motion carried with six yeas . It was the feeling of Councilman Howard that full Council should be present when the vote was taken . It was moved by Councilman Koch , seconded by Councilman Galinson , that Robins , Davis & Lyons be selected for all areas except criminal prosecution . The motion was defeated 3 - 2 , Councilman Graves and Mayor Thiel voting nay , Councilman 382 Council Minutes , December 15 , 1969 11 . ( b ) Howard abstaining . ( This motion requires four votes to pass ) , It was moved by Councilman Galinson , Heltzer , to select Popham seconded by Councilman Haik , Schnobrick , Kaufman & Doty for all areas except criminal 2 - 3 , Councilmen Graves prosecution . The motion lost and Koch and ' Mayor Thiel voting nay, Councilman Howard abstaining , It was moved by Councilman Heltzer seconded by Councilman Galinson that the firm of O' Connor , Green , Tho as Kelly be selected for all areas except criminal rros9 Walters & The motion was defeated 3 _ P prosecution , and Councilmen Howard and Koch; a Councilman Graves voting nay bstaming . It was moved by Councilman Howard , seconded by Councilman Galinson , to select the firm of Howard , LeFevere , Lefler , Hamilton & Pearson for all. areas except criminal prosecution . The motion was defeated 1 - 3 , Councilmen Galinson and Heltzer and Mayor Thiel votingAnd Councilmen Howard and Koch abstaining . NAj Councilman Heltzer moved to select O ' Connor , Green , Thomas , Walters & Kelly for all areas except criminal prosecution. This motion died for lack of a second . It was moved by Councilman Galinson , seconded by Councilman Graves , to select Popham , Haik , Schnobrick ,_K_aufm_an & Doty for all areas except criminal prosecution . The motion carried with six yeas . It was moved by Councilman Heltzer , seconded by Councilman Koch , to select the firm of Katz , Taube , Lange and _Frommelt _ for traffic and criminal prosecution. The motion carried 4 - 1 , Councilman Howard voting clay and Mayor Thiel abstaining . Councilman Galinson moved that both law firms that are selected be chosen by a unananimous vote . Councilman Graves seconded and the motion carried 6 - 0 . It was , moved by Councilman Galinspn , seconded by Councilman Howard , that Mr . H . H. Burry be placed on retainer as consultant to the City from January 1 , 1970 to June 30 , 1970 at the rate of $ 1 , 427 , per month for transition of present Law Department to newly appointed law firms and for consultation on pending items as well as routine matters . The motion carried unanimously . 383 Council Minutes , December 15 , 1969 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PA YNENTS On motion of Councilman Graves , seconded by Councilman Howard , the lists of verified claims prepared by the Director of Finance and presented to the Council Dated December 15 , 1969 in the total amount of $ 109 , 272 . 59 for vendors was approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a six yea vote , Be ADJOURNMENT On motion by Councilman Howard , seconded by Councilman Graves , the meeting was adjourned at 11 ; 15 p ., m . by a six yea vote . 7 r L hard J . Thiel IVl yor Attest : Alice M . Carlson , Secretary James A . Miceli A ting Secretary 384