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HomeMy WebLinkAbout1969/07/28 - ADMIN - Minutes - City Council - Regular 1VIINUTES OF CITY COUNCIL MELTING ST * LOUIS PARK , MINNESOTA July 281 1969 1 , CALL T O OR DER A regular meeting of the City Council was called to order by Iv;ayor Thiel at. 8 : 12 p . m , 2 . INVOCATION Invocation was given by x: ev . Paul Obenauf of the W ooddale Lutheran Church , 3 . ROLL CALL The following . rn ^ n w ^ re pro- sent at roll call : Murray Galin ,son Richard Graves James I-ieltzer Frank Howard Richard Koch Leonard Thiel Also present. were the City Manager , City Attorney , Planning Director , Director of Public Works , City Assessor and Secretary. Councilman Robert Reynolds arrived at 8 : 32 pm . 4o MINUTES On motion of Councilman Howard , seconded by Councilman Koch , the minutes of the regular meeting held July 21 , 1969 , were approved by a six yea vote „ 5 ' PUBLIC_ HEARINGS None 60 PETITIONS , REQUESTS , AND COMMUNICATIONS None 7 ' IS ,,() LUTIONS AND ORDINANCES ( a ) RESOLUTION OF A pitECIATION ADDS ZSSED TO THE VETERANS OF FOREIGN WARS FOR TFAE FOURTYi OF JULY CEREMONY AND FIREW ORKS 228 Coucil Minutes ; July 28 , 1969 n ;,RESOLUTION NO . 3803 7 . (a ) Councilman Graves , seconded by Councilman Howard , It was moved by 3803 entitled , " Resolution t o waive reading and adopt Resolution No . ars for ' n Addressed to the Veterans of Foreign W ed with the of Appreciation Motion carried Fourth of July Ceremony and Firewor 2 • resent * six yeas . Councilman Reynolds was n P 8 . REPORTS OF OFFICEi� S , BOARDS , AND COMMITTEES (a ) PRELIMINARY NARY Ri PORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITh RESPECT TOIMPROVEMEE FROM 66 - 50 , PAVING , CURB AND GUTTER , NATCHEZ AV 225 FEET WEST 26TH STREET TO A POINT APPROXIMATELY SOUTh . RESOLUTION NO . 3804 It was moved by Councilman Galinson , seconded by Council4 e tit dan , Graves , to waive reading and adopt Resolution No . 380 " Resolution Receiving Reports and Calling Hearing on Impro foment em No . 66 - 50 . " Motion carried unanimously . Hearing was set August 18 , 1969 . (b ) MINUTES OF BOARD OF REVIEW MEETINGS HELD JULY 7 AND JULY 17 , 1969 . Councilman Howard moved to approve the Board of Review Minutes for meetings held July 7 and July 17 , 1969 , Councilman Galinson seconded and the motion carried with seven yeas . ( c ) MINUTES OF CITIZENS ADVISORY COMMISSION MEETING HELD JULY 10 , 1969 . Councilman Galinson moved that Staff request the railroad for an extension so that the possibility of moving the station can be explored . Councilman Reynolds seconded and the motion carried with seven yeas . Upon hearing no further discussion , the Mayor ordered the minutes to be received for filing , (d ) MINUTES OF- HUMAN RIGHTS COMMISSION SPECIAL COMMITTEE MEETING HELD JULY 161 1969 . Upon hearing no objection , the Mayor ordered the minutes be received for filing . 229 , ,,DCII Minutes , July 28 , 1969 8 . ( e ) FINANCIAL REPORT FOR THE MONTH OF JUNE 19b9 . Upon hearing no objection , the Mayor ordered the report to be received for filing ,, 99 UNFINISHED BUSINESS ( a ) IMPROVEMENT NOc 69 - 18 , - ASPHALT PAVING , CONCRETE CURB ; GUTTER AND SIDEWALK FROM FRANCE AVENUE TO EXCELSIOR BOULEVARD ON VJ EST 38TH STREET ( HEARING CLOSED APRIL 7 , ' 969 TRAFFIC CONSULTANT ' S REPORT CONSIDERED AND DE; FERRED FROM JULY 14 , 1969 ) . Councilman Galinson moved to waive reading and adopt resolution ordering improvement and ordering preparation of plans . Council - man Heltzer seconded but of- er discussion Councilman Galinson withdrew his motion , Councilman Heltzer moved to waive reading and adopt resolution ordering improvement and ordering preparation . Councilman Koch seconded this motion . After discussion concerning the economic effect of having 38th Street a State Aid street , removal of trees , and the effect on the residential area in general , Councilman Reynolds moved to amend the motion as follows : ( 1 ) that the street be 30 feet wide , paving , curb and gutters ( 2 ) no left turns on north bound France to west bound so 37th , 38th and 39th Streets 7 : 00 - 9 : 00 a . m . ; ( 3 ) stop signs on each intersection of 38th Street from France to r: xcelsior . Motion was seconded by Councilman Howard . Mr . Seymour Getzug . 3801 Kipling , spoke in favor of stop -signs on each and every corner from France Avenue to Excelsior Boulevard . lie was opposed to the impro -! � ment and wanted to have 38th Street blocked off at Excelsior Boulevard and Joppa Avenue opened at Excelsior . Mr . Charles Bursch , 3807 C,lenhurst , expressed concerned about safety and suggested that there should also be no left turns from 4 : 00 - 6 : 00 P . m . Councilman Heltzer said that he felt that the amendments to the Mot ion tend to become contrary to the recommendations of the consultants and the staff and that the design of the street is appropri - ate and should not be changed due to its effects on the entire traffic Pattern of the southeast area and the problems which might be Created by an,% change in the improvement as presently presented . 230 it i C ounc o Minutes , July 28y 1969 _ Dufour , 3755 Glenhurst Avenue , said that the State ,� Mr , George ' 9 • (a ) lied to other streets and was oppose to the widening Aid could be applied expressed concern about safety and felt of 38th Street . 14e also et should be one - way ending at Excelsior Boulevard . that 38th h St => e Mayor Thiel indicated that it was his opinion that a wider street is risibility . a safer street because of increased 3825 Inglewood Avenue , spoke in opposition to Mr . Robert Sather , g � the improvement . .' 30 Glenhurst st Avenue , said that this job had Mr . Leo Oxr�zan , 3 been beautifully handled : that whoever did the planningu should be depended competent and that these same Competent people p upon to solve the 38th Street problem , Mr . Clarence Moe , 4305 West 38th Street , expressed concern The about the elevation of the street compared to his drivewa with him Director of Public Works said that he would get together to solve any difficulties in elevation . Mr . Bob Sandberg , 3750 Inglewood Avenue , asked whether there would be access at 36th Street to Highway 100 and he was told there would be . Mr . Don Balke , 3755 Inglewood Avenue , said that since the majority of the Council seem to be in favor of keeping this a residential street , it seems inconsistent to widen the street . Mr . Robert Benson , 3809 Glenhurst Avenue , felt that traffic would be diverted by having a workable 3 - way signal at France Avenue and Excelsior Boulevard . Vote on amendments was as follows ; ( 1 ) 4 - 3 , Galinson , Heltzer and i Thiel voting nay . ( 2 ) 6 - 1 , Heltzer nay Ward ( 3 ) 4 - 3 , Koch , Thiel and ho voting nay . Vote on the main motion as amended lost 4 :. 3 , Councilmen Galins0n inay . votes to pass ,•Heltzer , and Mayor Thiel voting ( Requires six Councilman Reynolds moved to waive reading and adopt resolution ordering improvement and preparation of plans with a 30 ' Wide street . Councilman pioward seconded and the motion lost 4 - 3 , Councilmen Galinson , Heltzer . and Mayor Thiel voting nay * 231 council Minutes , July 28 , 19b9 9 • ( a ) Councilman Koch moved to defer this item to August 4 with a from Staff relative to the financial ramifications in terms of a sport wide street as opposed to a 36 ft . wide street . No vote was taken this motion . on Councilman Koch then moved to table the matter until later in the meeting . Councilman Graves seconded and the motion carried 6 - 1 , Councilman Heltzer voting nay , Later in the evening Councilman Reynolds moved to take this matter from the table . Councilman Koch seconded and the motion carried with seven yeas . RESOLUTION NO . 3805 It was moved by Councilman Reynolds , seconded by Councilman Calinson , to waive reading and adopt Resolution No . 3805 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans , Improvement No . 69 - 18 , " authorizing a street 30 feet wide , curb and gutter . Councilman Galinson moved to amend motion as follows : ( 1 ) place stop sign on 38th Street and Kipling Avenue ; ( 2 ) place sidewalk on whichever side of 38th Street will take the least number of trees and , in staff ' s opinion , cause the least amount of inconvenience to home owners ; ( 3 ) have no parking on either side of 38th Street from France Avenue to Excelsior Boulevard ; and (4 ) have no left turns 7 : 00 - 9 : 00 a . m . for northbound traffic on France Avenue at 37th , 38th , and 39th Streets . Vote on the amendments was as follows : ( 1 ) Carried with seven yeas ; ( 2 ) Carried 5 -- 2 , Councilmen Reynolds and Howard voting nay ; ( 3 ) Carried with seven yeas ; and (4 ) Carried 6 - 1 , Councilman Heltzer voting nay . Vote on the original motion as amended carried with seven yeas . (b ) REPORT OF PLANNING COMMISSION ( CASE NO. 69 - 27 - z , ) RECOMMENDING UNFAVORABLY UPON TEE REQUEST OF FRANK LUNDBERG AMERICAN LEGION POST TO REZONE LOT 32 BLOCK 3 SUBURBAN HOMES COMPANY ( 40191 YOSEMITE ) FROM R - 2 , SINGLE FAIMILY RESIDENCE DISTRICT TO RB , RESIDENTIAL BUSINESS DISTRICT . ( DEFERRED FROM: JULY 14 , 1969 ) . Councilman Galinson moved to set date for public hearing August 18 , 1969 • Councilman Howard seconded and the motion carried unanimously . 232 Gou ncil Minutes , i my 2 8 9 69 9 � (b ) Councilman Howard said that he had tried to reach the secretary American Legion Post concerning this parking problem but of the r He indicated thatwould be meeting had been unable to reach h�hearing concerning possible solutions , with him before the public TEF REP STORM CONCERNING CONTRACT FOR IMPROVEMENT ( c ) COMMIT STORM SES'" ER , AND IMPROVEMENT N0, I NOS . 69 - 06 AND 69 - 07 , 1 690mo05 , WATER MAIN , uncilrr_ an Howard , chairman of this committee , reported to Council Co Mayeron of Garr - Schelen - Mayeron that the committee had me i ,with Mr . and discussEd the probilein of the high bids which were received . It * be removed from this contract was suggested that the paving might moved ahead . He said that and that the completion date because of the volume of `.%rorlorl bids are not being received as � rd their bonded limit ,. He explained that it contractors .gave �- ea �, h �. .. . tteP that all bids be rejected but that was the intent of the rarnrn there has been additional_ information and second thoughts and that the entire Council should hea ., this information . Mrs Mayeron. exp lar,. ed that one of the big problems that is going to be facing the Council is the method of financing of these projects . Since b it was his feeling that a lower bid would not be received at a later date ; he recommended that the bid be accepted . Councilman Galinson moved to defer this matter to August 11 , 1969 . Councilman Howard seconded and the motion carried with six yeas • Councilman Reynolds was not present , ( d ) RESOLUTION SETTING POLICY GOVERNING MEETINGS OF THE CITY COUNCIL It was moved by Councilman Galinson , seconded by Councilman Graves; to defer this matter ` o August 11 , 1969 . Motion carried 6 - 1 , Councilman Koch voting nay , ( e ) REPORT FROM LIQUOR CONTROL COMMITTEE ( DEFERRED rL � JUNE 9 AND JUNE 30 , 1969 ) Councilman Galinson presented an oral report to Council . (Item Numbers referred to are the recommendations submitted in a report to Counci' April 7 , 1969 ) A summary of the report of the committee given by Councilman Galinson follows : 233 Council minutes , July 28 , 1969 Item 1 ( referring to routine patrol of liquor 9 . ( e ) establishments mentss recommended to remain . ) Item 2 concerning repeal of section which authorizes the Bureau of Criminal Apprehension to issue identification cards ) can now be deleted . Item 3 - It is recommended t1 at Council look favorably at establishment that did use this type of equipment (photographic identification equip - ment on sales to " Questionable " patrons . ) Item 4 - Establish a policy whereby if such an identification procedure is not followed - - in case of violation that a minimum of ten ( 10 ) days suspension be given . Item 5 - Ask all establishments to use birth certificates , drivers is and / or draft cards (for males ) as normal identification . Item 6 - No persons under the influence should be served . Item ? - Encourage establishments to enlist support of the City with new problems they might have . On police reports list whether calls come from establishment , neighbors or wherever they originate . Item 8 - Include in the application the owner of the building and the land if it is different from the person who is applying for the license . ( 2 ) under Item 8 - " ather conditions " be eliminated . ( 3 ) under Item 8 -- Suggest that the present fee ordinance be changed and an investigation fee required so that anyone who applies for a license , whether they get the license or not , are charged . It was also suggested that the City Attorney be asked to check into the maximum allowed under law for license fees and whether , in addition , there could be an investigation fee , and that this be brought back to Council in a separate memorandum . In addition , information was desired as to whether a corporation changing individuals could be charged an investigation fee . It was suggested that the Mayor be chairman at all meetings / hearings and an attorney on the Council act as advisor as the City Attorney is Placed in a difficult position in acting as attorney for the hearing and Prosecuting attorney . 1 It Was suggested that no hearing be held until the prosecution is concluded . 234 Council Minu*t- e s , 8 G � `' r should d be me e ' • ing s with licensed owners of 9 . (e ) Item c - Th .. .. e s h ' es tablishmyn`= s "Pheir prob'. ems ordinance show be amended which dsells liquor oes not now allow Item d The q ( to persons unde '• 2 : � o 'roil i'- ar_ es `.: ablishment that - th S - atc '. aw ) be consistent Nl r - T9: 'Na .% sugge > ) ted that any establishment having Sunday Sunda} Liquor liquor b e to d that ';hP y ' s a Policy of the Council that tslt at the should remove all 'oar stc ols o p: . 3Ve ` here se that no one can bar . Councilman 'alizsor.. said that the only urgency is that these il defined bPfor e rene-wal of the licenses and matters should be -we before the meet .ng with iicen3ees . He suggested that, ) excluding e t ' n itemabove but back in form of a resolution �: dop g Item 8 ( 3 ) ., The Mayor suggested that he meeting with the licensees should be held prior +o the adoptithe of the resolution including the committee and any =.nterested Councilmen . The City Attorney explained that the part of the State law that " customers may be ser -red only at table " was removed . He also said that part of the fey could be refunded if the license is not granted which would provide for an investigation fee . Councilman Galinson :n01.red that, this matter be taken up at the second meeting in Septern'ber .. Councilman Graves seconded and the motion carried unanimously (f ) COMMISSIOrd APPOINTMENTS It was moved by Councilman Galinscn , seconded by Councilman Koch , to defer appointments to August 11 , 1969 . Motion carried with seven yeas ( g ) TORRENS PROCIEDING TO CONFIRM DEEDS EXECUTED BY T�;E CITY NOVEMBER 25 ; .,968 WITH REGARD TO LOCATION OF RAILROAD SPURS CROSSING THE INDUSTRIAL ROAD . It was moved by Councilman Grave s . s econded by Councilmar' Howard , to authorize City Attorney to execute assent . Motion carried with seven yeas . 10 . NEW BUSINESS ( a ) CHANGE ORDER NO , �- - ADD IMPROVEMENT NO* 66 - 55 , PAVING , CURB AND GUTTER , WEST 26TF, STREET FROG' ;� 2 3 5 Council Minutes , July 28 , 1969 10 , ( a ) MONTEREY TO TRUNK HIGHWAY NO . 100 , TO CONTRACT FOR IMPROVEMENT NOS , 69 - 02 AND 69 - 19 , WITH BLACKTOP SERVICE COMPANY INCREASING AMOUNT BY $ 62 , 000 AND EXTENDING COMPLETION DATE TO SEPTEMBER 25 , 1969 . Councilman Koch moved to approve Change Order No . 1 to Contract No . 840 with Blacktop Service Co . , and to authorize the City Manager to execute . Councilman Reynolds seconded and the motion carried with six yeas . ( Councilman Reynolds had left the chambers when the vote was taken ) . Dr . S . E . Howard , 2600 Monterey Avenue , was present questioning the legality of the proposed change order . (b ) EMPLOYEE APPOINTMENTS Councilman Graves moved to consent and approve the following appointments : Myrna Hardy , Clerk III , Legal Department , and Jim Miceli as Assistant City Manager , Councilman Reynolds seconded and the motion carried with seven yeas . (c ) LAND ACQUISITION It was moved by Councilman Koch , seconded by Councilman Graves , to accept the following deeds and authorize City Clerk to file same for record . Storm Sewer Easement - Daniel F . and Louise A . Otten Temporary Construction Easement - Daniel F . and Louise A . Otten . Motion carried with seven yeas . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . James C . Cox , 3 662 Huntington Avenue 2 . Reynold George Harguth , 2906 Texas Avenue 3 . Thomas C . howard , 4345 Brook Avenue Councilman Galinson moved to fide above claims with the City Clerk for proper action by the City yianager and City Attorney . Councilman Graves seconded and the motion carried with seven yeas . 236 i • Minutes ) Jay 2 g , 19 69 Counci1 RK AND RECREATICN COMMISSION b JOINT NiE; ETING - PA 11 ' ( ) seconded by Councilman moved by Councilman Koch , It was • dimmer meeting with the Parks and Galinson , to have jointAugust 13 Advisory Commission at 6 : 00 p • m • Recreation lace . Niotion carried with seven 1969 , with staff to determine the p 9 yeas . (c ) MEETING - A. UGUST 11 , 1969 COUNCIL ilman Graves , seconded by Councilman It was moved by Councmar meeting on August 11 , 1969 . Galinson , to have no r e g Motion carried unanimously . 12 . CLAIMS , APPRO PRIATIONS , ANL CONTRACT PAYMENTS None 13 . ADJOURNMENT Reynolds , seconded by Councilman Koch , the On motion of Councilmanyea vote . P meeting was adjourned at 11 . 50 . m . by a seven Leo rd J . Thiel , layor I Attest . Alice M. Carl son , Secretary I 237