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Home My WebLink About1970/10/19 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA October 19 , 1970 CALL TO OR DE R A regular meeting of the City Council was called to order by Mayor Howard at 10 : 28 p . m . z , INVOCATION Due to the late hour for beginning the meeting the minister who was to give the invocation had left the meeting . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , City Assessor , Director of Finance , Director of Public Works , and Secretary . Councilman Reynolds left the meeting at 10 : 30 p . m . and Councilman Graves at 10 : 45 p . m . 4 . MINUTES i seconded by Councilman Galinson , On motion of Councilman Fleetham , 9 1 ? 0 , were approved by the minutes of the regular meeting held October 5 , a six yea vote . j 5 • PUBLIC HEARINGS ' T, _ WATER MiAIN AND SERVICES IN (a ) IMPROVEMENT NO. 70 38 , ISTING HYDRANT APPROXIMATEL NEVADA AVENUE FRplvi EX KE ROAD NORTH TO WEST 22ND 600 FEET NORTH OF CEDAR ND 180 FEET EAST OF PENNSYL- STREET FROM EXISTING DEADVADA ,; ING IN MAIN 305 FEET EAST OFL SHED VANIA AVENUE TO LXIST NOTICE OF HEARING PUB AVENUE , AS DESCRIBED9 1 70 . OCTOBER 8 AND OCTOBER 151 236 Council Minutes , October 19 , 1970 5 . ( a ) Mayor Howard opened the hearinge being no one present wishing to speak to this matter , Mayor There b g Howard declared the hearing closed . RESOLUTION NO. 4071 It was moved by Councilman Galinson , seconded by Councilman 4071 entitled , Thiel , to waive reading and adopt Rand Ordering Preparation of " Resolution Ordering Improvement and Otion carried 6 - 0 . Plans Improvement No . 70 - 38 . The mo ( ) b IMPROVEMENT NO. 70 - 02 , WATER MAIN , FRANKLIN AVENUE FROM THE INTERSECTION OF FRANKLIN AVENUE WIT CRIBED WOOD HILLS DRIVE WEST TO y,TESTMORE D8 AS DE AND OCTOBER 15 , IN NOTICE OF HEARING PUBLISHED OCTOBER 1970 . Mayor Howard opened the hearing . There being no one present wishing to speak to this matter , Mayor Howard declared the hearing closed . RESOLUTION NO. 4072 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4072 entitled , " Resolution Ordering improvement and Ordering Preparation of Plans Improvement No . 70 - 02 ( Part ) . " The motion carried 6 - 0 . (c ) PROPOSED REZONING OF PROPERTY ( CASE NO. 70 - 28 - Z . ) AT 2700 VIRGINIA AVENUE FROM R - 1 , SINGLE FAMILY RESIDENCE DISTRICT , TO R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT , REQUESTED BY J . V . GLEASON , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED OCTOBER 8 , 1970 . Mayor Howard opened the hearing . No one asked to speak but upon being recognized Mr . John Flannery , attorney representing J . V . Gleason , identified himself . Councilman Heltzer opposed the zoning change because he felt that increased traffic would intensify the traffic congestion at Virginia Avenue and the viaduct , and because he did not want to have multi - family use encroaching on land on the west side of Virginia Avenue . 237 L council Minutest October 19 , 1970 5 • (c ) There being no one wishing to speak to this matter , Mayor declared the hearing closed . Howard It was moved by Councilman Heltzer , seconded by Councilman Graves , to deny the rezoning . There was discussion concerning the value of the land for park and recreation purposes but this was considered to be irrelevant, Mr . Flannery stated that the developer would cooperate in bringing forth a coordinated unit and to work with the Parks and Recreation Commission and , if necessary , create a walk - way to any other area . Councilman Fleetham moved to continue the matter to November 2 . Councilman Thiel seconded but the motion was defeated 2 - 4 , Councilmen Galinson , Graves , Heltzer , and Mayor Howard voting nay . Vote on the motion to deny carried 4 - 2 , Councilmen Fleetham and Thiel voting nay . (d ) PROPOSED SPECIAL ASSESSMEA NT OF IMPROVEMENT COMPLETED WITHIN THE CITY AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 10 , 1970 , IMPROVEMENT NO, 69 - 04 , RANDALL AVENUE STORM SEWER ( CONTINUED FROM OCTOBER 5 , 1970 ) . Mrs , Robert Rood , 3900 Randall Avenue , explained that she was now satisfied with the improvement since the ponding of water had been corrected . There being no one else present wishing to speak to this matter , Mayor Howard declared the hearing closed . RESOLUTION NO. 4073 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4073 entitled , " Resolution Adopting Assessment. 11The motion carried 5 - 0 . ( Councilman Graves had left the meeting ) . 6 • PETITIONS , REQUESTS , AND CONIIv� UNICATIONS None 7 • RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZING AGREEMENT WITH THE UNITED STATES OF AMERICA RELATIVE TO HISTORIC PRESERVATION GRANT ( CONTRACT NO. H (402 ) - 3436 ) • . 238 � � ._ I Council 1Viinutes , October 19 , 1970 7 . ( a ) RESOLUTION NO. 4074 It was moved by Councilman Thiel , seconded by Councilman entitled Galinson , to waive reading and adopt Resolution No . , " Resolution Authorizing Agreement with the United States of America on Grant ( Contract No . H (402 ) - 3436 ) . Relative to Historic Preservati " The motion carried 5 - 0 • (b ) RESOLUTION AUTHORIZING AGREEMENT WITH THE UNITED STATES OF AMERICA RELATIVE TO GRANT TO ACQUIRE LAND FOR OPEN SPACE PURPOSES ( CONTRACT NO . MIN 9 ( G ) RESOLUTION NO. 4075 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4075 entitled , " Resolution Authorizing Agreement with the United States of America Relative to Grant to Acquire Land for Open Space Purposes ( Contract No . Minn. - OSA - 89 ( G ) ) . " The motion carried 5 - 0 . (c ) RESOLUTION AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY RELATIVE TO LAKE IMPROVEMENT GRANT (AGREE - MENT NO. PW 34 - 05 - 70 ) , BASS LAKE IMPROVEMENT RESOLUTION NO . 4076 It was moved by Councilman Heltzer , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4076 entitled , " Resolution Authorizing Agreement with Hennepin County Relative to Lake Improvement Grant (Agreement No . PW 34 - 05 - 70 , Bass Lake ) . " The motion carried 5 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF CITY MANAGER CONCERNING REQUEST FOR LAND DIVISION BY SUNGATE COMPANY Mr . Bob Barth , 1200 First National Bank Building , was present representing Neslund and Alexander . He was opposed to filing a surety bond . Councilman Fleetham asked Mr . Alexander if intended to let the land for delinquent taxes . Mr . Alexander explained that the land was valuable for use for double bungalows and that they had no intention of letting it go ,, 239 t _ i 1 Gouncil Niinutes , October 19 , 1970 g , ( a ) RESOLUTION O, 4077 Since Councilman Fleetham had the word of Mr . Alexander on the payment of special assessments he moved , without surety bond , to waive reading and adopt Resolution No . 4077 entitled , " Resolution Accepting Land Division . " The motion was seconded by Councilman Galinson and carried 5 - 0 . (b ) REPORT OF HUMAN RIGHTS COMMISSION CONCERNING CONSULTING SERVICES Iver . James Samples , chairman of the Human Rights Commission , was present . He explained that he felt that the Human Rights Commission had worked out a program that could best be implemented with the services of George Nelson Associatus since they are based locally and have experience . It was moved by Councilman Thiel , seconded by Councilman Fleetham , that George Nelson Associates be employed as consultants for the Human Rights Commission . The motion carried 5 - 0 . f (c ) REPORT OF ASSESSING DEPARTMENT RELATIVE TO IMPROVEMENT NO. 70 - 24 , FLAG AVENUE GRADING , PAVING , CURB AND GUTTER { ( REQUESTED SEPTEMBER 21 , 1970 ) . j Councilman Galinson , speaking for Mr . Jerry Rotman who had to leave the meeting , said that Mr . Rotman wondered about the timeli - ness of the improvement since he understood that bids for the Flag Avenue extension had not been let . The City Manager explained that the low bidder had been designated on October 13 , 1970 but that the ; contract had not as yet been authorized to be executed . Mr . Tom Murphy , 3325 Decatur Lane , and Mr . Earl Isensee , 4617 Golf Terrace , objected to the improvement and being assessed for them since they felt they would not benefit . After discussion concerning the various alternatives for figuring the assessment , Councilman Fleetham moved on the alternative Motion was seconded by Councilman described as Alternative " A. " • Heltzer but after further discussion Councilman Heltzer moved to defer the matter for two weeks . Councilman Fleetham seconded and the motion carried 4 - 1 , Mayor Howard voting nay. i (d ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITHRESPECT TO FENCING OF HAMPSHIRE ARE AS , IMPROVEMENT NO. 70 - 52 . PARK PONDING Councilman Galinson said he would like to have the proposed fence as 240 Council. Minutes , October 19 , 1970 8 . ( d ) close to the property line as possible . RESOLUTION NO. 4078 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4078 entitled , " Resolution Calling Public Hearing on Improvement No . 70 - 52 . " The motion carried 5 - 0 . Hearing was set for November 2 , 1970 . ( e ) MINUTES OF THE PLANNING C OIviMISSION MEETING HELD OCTOBER 7 , 1970 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (f ) MINUTES OF BUILDING CONSTRUCTION CODES ADVISORY COMMITTEE MEETING HELD AUGUST 11 , 1970 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( g ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD SEPTEMBER 16 , 1970 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (h ) REPORT OF THE PLANNING COMMISSION ( CASE NO . 70 - 47 - VAC . ) RELATIVE TO THE PETITION TO VACATE WEST 33RD STREET BETWEEN RALEIGH AVENUE AND QUENTIN AVENUE AVENUE REQUESTED BY NORTHLAND ALUMINUM CO . RESOLUTION NO, 4079 It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4079 entitled , " Resolution for Hearing on Petition to Vacate Street . " The motion carried 5 - 0 . Hearing was set for November 2 , 1970 . ( i } REPORT OF STOP SIGN STUDY - WEST 38TH STREET Due to the absence of Councilman Reynolds , Councilman Fleetham moved to defer this matter to November 2 , 1970 . Councilman Thiel seconded and the motion carried 5 - 0 . (j ) QUARTERLY REPORT OF ACTIVITIES - THIRD QUARTER 1970 Upon hearing no discussion , the report was ordered by the Mayor to be received for filing . 241 Cou11ci1 minutes , October 19 , 1970 9 , UNFINISHED BUSINESS ( a ) ACCEPTANCE OF DEED - TRACT C - FROM SUBURBAN CONCRETE COMPANY - DEDICATION APPROVED BY COUNCIL AUGUST 17 , 1970 - DEFERRED FROM OCTOBER 59 1970 It was moved by Councilman Thiel , seconded by Councilman Galinson , to authorize City Clerk to file deed for record . Motion carried 5 - 0 . (b ) APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ( TABLED AUGUST 3 , 1970 ) . No action was taken to remove this matter from the table . 10 . NEW BUSINESS (a ) EMPLOYEE APPOINTMENTS It was moved by Councilman Galinson , seconded by Councilman Thiel , to consent and approve the following appointments : Robert Murphy , Street Superintendent ; David Court , Firefighter ; and Phillip R . Stuemke , Police Patrolman . The motion carried 5 - 0 . (b ) CONSIDERATION OF HIGHWAY 100 OFF RAMP AT MINNETONKA BOULEVARD ( REQUESTED BY COUNCILMAN FLEE, THAIVI ) . Councilman Fleetham asked that a resolution be prepared asking the State to develop a cul - de - sac on Utica Avenue to be presented to the Council November 2 , 1970 . (c ) REPORT ON LIGHTED SCHOOL COMMITTEE TRIP TO FLINT , MICHIGAN BY COUNCILMAN FLEETHAM Councilman Fleetham gave a very brief oral report concerning the impressions of this study . (d ) PROPOSED CHANGE ORDER NO . 2 , IMPR V INC .T NO66 - 179 HIRTY - CENTRAL STORM SEVdER , I,AMETTI & SO ONE DAY EXTENSION It was moved by Councilman Thiel , seconded un ilm execute * an Galinson , to approve and authorize the City Manager The motion carried 5 - 0 . 11 • MISCELLA NE OUS None 242 Council Minutes , October 19 , 1970 12 . CLAIMS , AP PROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS motion of Councilman Thiel , seconded by Councilmof Finance On m prepared by the Director . the lists of verified claims nci dated October 191 1970 in the total and presented to the C and $ 135 , 123 . 69 for vendors were amounts of $ 5 , 745 . 67 for payroll , I City Clerk , and City Treasurer approved , and the City Manager , were authorized to issue checks covering same by a five yea vote . 13 . _ADJOURNMENT On motion of Councilman Heltzer , seconded by Councilman Thiel , the meeting was adjourned at 12 : 45 a . m . by a five yea vote , rank J . r Mayor Attest : Alice M . Carlson , Secretary 243 l