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1970/11/30 - ADMIN - Minutes - City Council - Regular (2)
MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA Novembe r 3 0 , 1970 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 35 p . m . z , INVOCATION Invocation was given by Rev . Ed Hollen of the First Assembly of God Church. 3 . ROLL CALL VNINNI The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltze r Robert Reynolds 1 ' a Leonard Thiel Frank Howard Also present were the City Managers Assistant City Manager , City Attorney , Director of Finance , Planning Director , Director of Public Works , and Secretary . Observing the meeting was Mrs . Hofler ' s Cadet Troop 865 working on their Act of Citizenship Challenge . 4 . MINUTES On motion of Councilman Galinson , seconded s held November 1an 6o1d 970 , the minutes of the special and regular meets were approved by a seven yea vote , amended as follows : first item on nance Page 264 to read . . . that a revision be made initthle zeo t o°�yland that requiring service stations to be erected by spec p the platter be referred to the Planning Colssion . " 5 - PUBLIC HEARINGS None 266 Council Ivilnutes , November 302 1970 6 . PETITIONS , REQUESTS , AND COMNLUNTICATIONS a APPLICATION OF MEADOW BROOK COUNTRY BOY FOR OFF SALE NON - INTOXICATING LIQUOR LICENSE cilman Galinson , seconded by Councilman es , It was moved by Count 7 : 30 p . m . The motion to set date for hearing December 14 , 1970 a carried 7 - 0 . (b ) APPLICATIONS FOR RENEWAL OF INTOXICATING LIQUOR LICENSES . CLUB , SUNDAY , ON AND OFF SALE FOR 1971 Councilman Galinson moved to approve the issuance of the licenses and acceptance of the bonds , subject to the approval of the State Liquor Control Commissioner , excepting the off sale' of Foo Chu Faust Inc .s • changing Culbertson ' s Cafe dba George Faust ' s to George Park Terrace Supper Club Inc . dba George ' s In The Park be permitted to add Jack Conrad as officer and director (not a stock transfer ) ; and that McCarthy ' s show a stock transfer back to the Clinton interests (no new stockholders ) . Councilman Reynolds seconded the motion to approve the following : Al ' s Liquor Store , Inc . , 3912 - 16 Excelsior Boulevard , on and off sale ; Ambassador Motor Hotel , 5225 Wayzata Boulevard , on and Sunday y sale ; Bunny ' s Liquors , Inc . .. 4730 Excelsior Boulevard , on - sale ; George J . Faust dba George Faust ' s , 5916 Excelsior Boulevard , on , off , and Sunday sale ; Foo Chu Cafe , Inc . , 4215 Excelsior Boulevard , on and Sunday sale ; Gillers Liquors , Inc . , 4110 Minnetonka Boulevard , off sale ; Jennings Red Coach Inn , Inc . & Jennings Liquors , 4624 - 30 Excelsior Boulevard , on and off sale ; Knollwood Liquor Store , Inc . , 7924 Highway No . 7 , off sale ; Lilac Lanes Enterprises , Inc . (King ' s Inn ) , 3901 - 17 Wooddale Avenue , on sale ; Lincoln Del West , Inc . , 5201 Wayzata Boulevard , on and Sunday sale ; McCarthy Enterprises , A Limited Partnership dba McCarthy ' s , 5600 Wayzata Boulevard , on , off and Sunday sale ; Harold L . Aretz dba Miracle Mile Liquors , 5005 Excelsior Boulevard , off sale ; Park Terrace Supper Club , Inc . dba George ' s In The Park , 4700 Excelsior Boulevard , on and Sunday sale ; Reiss ' , Inc . , 6910 West Lake Street , on and off sale ; Royal Court , Inc . , 8412 - 14 Highway No . 7 , on , off , and Sunday sale ; Marion Kaplan dba Tonka Liquor Store , 8242 Minnetonka Boulevard , off sale ; Westwood Liquors , Inc . , 2304 Louisiana Avenue , off sale ; Vant Hull ' s Old Fashioned Liquor Store , 7835 Wayzata Boulevard , off sales Minneapolis Golf Club , 2001 Flag Avenue , club license - on sales Frank Lundberg American Legion Post , 4707 Excelsior Boulevard , club license - on sales and St . Louis Park - Veterans of Foreign Wars Post No , 5632 5605 West 36th Street , club license , on sale and Sunday sale . Motion carried 7 - 0 . J 267 Council IvaLmutes , November 30 , Igo 0 b, (c ) NOTICE OF INTENT TO CONDUCT BINGO GAMES - LEGION CLUB , AMERICAN = Upon hearing no objection , the not was ordered by the Mayor to be received for filing . (d ) APPLICATION OF HICKORY WHEEL FOR NON - INTOXICAT i SALE. MALT LZQUOR LICENSEING ON It was moved by Councilman Gravies ; seconded by Councilman Reynolds , to set date for hearing December 14 , 19 carred 7 - 0 . 0 at 7 ; 30 p . =n . The motion i 7 . RESOLUTIONS AND ORDINANCES ( a ) SECOND READING OF PROPOSED CRDINANCE AMENDING ST . LOUIS PARK ORDINANCE CODE REGULATING USE OF WATER HYDRANTS r ORDINANCE NO, 1126 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive second reading and adopt Ordinance No . 1126 entitled , "An Ordinance Amending the St , Louis Park Ordinance Code Section 1 : 844 Entitled ' Fire Hydrant Connections ' . " The motion carried 7 - 0 . (b ) SECOND READING OF PROPOSED ORDINANCE AMENDING ORDINANCE ESTABLISHING BUILDING CONSTRUCTION CODES ADVISORY COMMISSION ORDINANCE NO, 1127 It was moved by Councilman Gr avec , seconded by Councilman Heltzer , to waive second reading and adopt Ordinance No . 1127 entitled , "An Ordinance Repealing Ordinance No . 743 , Adopted March 28 , 1960 , and Ordinance No ^ 1021 Adopted January 22 , 1968 , Relating to Establishing a Building Construction Codes Advisory Commission and Defining its Duties and Adding Sections 1 : 150 through 1 : 152 to the St . Louis Park Ordinance Code Reestablishing the Building Construc - tion Codes Advisory Commission and Defining its Duties . The motion carried 7 - 0 . 1 (c ) FIRST READING OF PROPC6ED ORDINANCE PRESCRIBING REGULA - TIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION AND ADOPTING BY REFERENCE PORTIONS f Z68 s Council Iviinutes , November 300 19 ? 0 7 . c OF THE AMERICAN INSURANCE ASSOCIATION CODES E N ITLEA D " FIRE PREVENTION CODE , 1970 EDITION oES �CB ©RS THEREFOR FIRE PREVENTION BUREAUS PROVIDING INSPECTORS AND DEFINING THEIR POWERS AND DUTIES It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive first reading of proposed ordinance an&se odate for second reading December 21 , 1970 . The motion carried ( d ) FIRST READING OF PROPOSED ORDINANCE AMENDING 19681 SECTION 4 : 815 . 13 OF ORDINANCE NO. 1034 , ADOPTED MAY 20 , 9 ENTITLED " AN ORDINANCE REGULATING BURNING : REQUIRING CONTROL AND CORRECTION OF AIR POLLUTION ; REQUIRING LICENSES AND PERMITS TO OPERATE CERTAIN EQUI PROVISION ENTI AND PROVIDING PENALTIES FOR VIOLATIONS OF THE THE RE OF , " RE LATIVE T O REQ UIRING LICE NSES F OR FUE L BURNING It was moved by Councilman Heltzer , seconded by Councilman Galinson , to waive first reading of proposed ordinance and set date for second reading December 7 , 1970 . The motion carried 7 - 0 . ( e ) RESOLUTION ACCEPTING AND RENEWING CONTRACT WITH SUBURBAN HENNEPIN COUNTY RELIEF BOARD RESOLUTION NO. 4095 It was moved by Councilman Galinson ; seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 4095 entitled , " Resolution Accepting and Renewing Contract with Suburban Hennepin County Relief Board . " The motion carried 7 - 0 . (f ) RESOLUTION REQUESTING EXTENSION OF AGREEMENT WITH HENNEPIN COUNTY RELATIVE TO CONTINUATION OF SIGNALS AT METHODIST HOSPITAL ENTRANCE AT EXCELSIOR BOULEVARD ( CITY PROJECT NO. 64 - 17 ) RESOLUTION NO, 4096 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4096 entitled , " Resolution Requesting Extension of Agreement with Hennepin County Relative to Continuation of Signals at Methodist Hospital Entrance at Excelsior Boulevard (City Project No . 64 - 17 ) . " The motion carried 7 - 0 • ( g ) RESOLUTION PROVIDING FOR CITY PARTICIPATION IN PREM UNI PAYMENTS FOR HOSPITALIZATION AND MEDICAL INSURANCE FOR EMPLOYEES 269 Council Minutest November 30 '. 1970 7 . ( 9 ) RESOLUTION NO, 4097 Nq It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4 " Resolution Providing for City participation in Premiumpa97 entitled , for Hospitalization and Medical Insurance for Employees . yThhents motion carried 7 - 0 . (h ) RESOLUTION PROVIDING FOR CITY DARTICIPATION IN GROUP LIFE INSURANCE FOR CITY EMPLOYEES JOINTLY WITH HENNEPIN COUNTY RESOLUTION NO, 4098 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4098 entitled , " Resolution Providing for City Participation in Group Life Insurance for City Employees Jointly with Hennepin County . " The motion carried 7 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY WITH CONDITIONS UPON THE REQUEST OF PLANIT DEVELOPMENT , INC . ( CASE NO. 70 - 53 - S . P . ) FOR SPEJCIAL PERMIT TO BUILD 60 - UNIT APARTMENT BUILDING IN R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT , AT WEST 16TH STREET AND COLORADO AVENUE Councilman Thiel moved to waive reading and adopt resolution granting special permit , but deleting the cul - de - sac on Colorado Avenue . After discussion concerning the need for the cul - de - sac , Councilman Heltzer moved to table until a staff report is prepared concerning the cul - de - sac . Councilman Galinson seconded and the motion carried 6 - 1 , Mayor Howard voting nay . (b ) REPORT OF PARKING STUDY , OREGON AVENUE BETWEEN LAKE f STREET AND HIGHWAY 7 SERVICE ROAD r Councilman Heltzer felt that nearby commercial establishments should be required to have parking for their employees and moved to refer q o this matter to the Planning Department . Councilman Reynolds seconded and the motion carried 7 - 0 • ( c ) REPORT OF PLANNING CONI1�,iISSION RECOMMENDING UNFAVORABLY UP QUEST OF G . F . LOHMAN ( CASE NO . 67 - 72 - Z . ) TO ON THE RE ' REZONE ALL THE PROPERTY BETWEEN THE NEW ROUTE OF t 2 ? 0 i Council Yviinute a , November 301 1970 8 . c COUNTY ROAD 1 $ AND THE SHOPPING CENTER SOUTH OF 36TH ( ) STRE -ST FROM OPEN DEVELOPIv1EN 'T USE DISTRICT TO COI�i - MERCIAL USE DISTRICT Since the applicant was informed that this matter would be on the agenda and indicated he no longer had an interest in this , it was moved by Councilman Graves , seconded by Councilman Galinson , that this request be denied . The motion carried 7 - 0 . (d ) REPORT OF PLANNING C OlviVISSION REC 01VAVLENDING UNFAVORABLY UPON Thle: ,ZEQUEST OF WESTMORELAND HILLS Coo ( CSE NO • 65 - 2 - VAC . ) FOR VACATION 0 ,17 THAT PORTION OF N AVENUE BETWEEN 1viCNT .EREJ f DRIVE AND NORTH OF THE NORTHEAST CORNLR OF LOT 1 , BLOCK 8 , MINIKAHDA VISTA SECOND ADDITION Since the applicant was informed that this matter would be on the agenda and indicated he no longer had interest in this matter , it was moved by Councilman Craves , seconded by Councilman Galinson , to deny the request . The motion carried 7 - 0 . ( e ) REPORT OF PLANNING CONLMISSICN RECON NLENDING UNFAVORABLY UPON THE REQUEST OF FRANCIS We FIT LIJER ( CASs: NO. 68 - 52 - VAC . ) TO VACATE ThE WEST 30 FEET OF REODE ISLAND AVENUE FROlv� r. DGE BROOK DRIVE SOUTH 226 . 9 FEET TO THE CFICAGO 1. N .D NORTFLTIE.STERN RAILROAD TRACKS . Since the applicant was informed that this matter would be on the agenda and indicated he longer had an interest in this matter , it was moved by Councilman Graves , seconded by Councilman Calinson , to deny the request . The motion carried 7 - 0 . (f ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING hELD NOVEIviBER 10 , 1970 Since there was no discussion , the minutes were ordered by the Mayor to be received for filin r . ( g ) MINUTES OF PARKS AND RECREATION ADVISORY COMMITTE I- MEETING HELD NOVEMBER 18 , 1970 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (h ) MINUTES OF PLANNING COMMISSIGN Ivi . ETING �1F. LD NOVE1v1gER 181 1970 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . 271 council Iviinutes , November 30 , 1970 � . ( i ) REPOAT OF STOP SIGN STUDY _ WEBSTER AVE E; 33RD STi� F. T U." AND ;TEST RESOLUTION NO. 4099 It was moved by Councilman Fleetharr, , seconded by Councilman Graves , to waive reading and adopt . resolution No . 409 entitled ," ;resolution Authorizing Placement of Stop Sign for Traffic titled . Intersection of V.' est 33rd Street and Webster Avenue . " The mot Controf at carried 7 - 0 . on REPORT OF STOP LIGHT STUDY - WEST 33RD STREET AND TZXAS AVENUE. Councilman Meltzer moved that Alternative " B " , a pedestrian activated signal with a sensor for vehicles on 33rd Street west of Texas , be adopted . Councilman Calinson seconded the motion . Nir . Christian Iviueller , 3317 Texas Avenue , and Mr . Luis Santamaria , Brussels , Belgium , a student of transportation at Ghent , spoke in favor of the proposed stop light . The vote on the motion carried 7 - 0 . (k ) REPORT RELATIVE TO 1v.LINNE1---AFA CREEK OP-1N SPACE DLEVELOPIvlENT - Pr1ASE I (til &C NO. 70 - 30 ) Councilman Reynolds moved that staff be authorized to prepare necessary grant applications , obtain appraisals , and begin negotiations . Councilman Galinson seconded and the motion carried 7 - 0 . (1 ) IVANUTES OF CITIZENS ALVISOR Y COlvilv�ITTEE MEETING HIE LD NOVEMBER 12 , 1970 There being no discussion , the minutes were ordered by the Mayor to be received for filing . (m ) MINUTIES 07 B UILDINC C ONS TR UC TION CODES ADVISORY COI AVATTEE hli.,, ETING ESLD NOVER� BZA 3 , 1970 Upon hearing no discussion , the minutes were ordered by the Iv�ayor to be received for filing . 9 • UNFINISI-: c. D BUSINESS ( a ) APPLICATION FOil TRANSFER OF STOCK BY FOO CHU CAFE , INC . ( D '.i: FERRED FROM NOVyNiBER 16 , 1970 , NEARING CLOSED ) 272 Council IvAnutes , November 30 , 1970 9 ( ) a Mr . John Prueter , attorney representing Fleming and Olson , stated that they were to be the only stock holders but that they had not d a corporate meeting to select their officers . After discussion concerning the financial condition of the applicants , Councilman Graves moved to approve the transfer of stock . Councilman Galinson seconded and the motion carried b - 1 , Councilman Fleetham voting nay . (b ) APPOINTMENT TO FIRE CIVIL SEtZVICE COlVi1v- ISSION ( TABLED NOVEMBER 20 1970 ) This matter was not removed from the table . ( c ) CONDEMNATION AVVARD - FLAC AVENUE IMPROVEIVlENT Councilman Galinson moved to accept award of $ 3 , 000 and authorize work to be done on Project 62 - 82 by City forces and / or private contractor . Councilman Thiel seconded and the motion carried 7 - 0 . ( d ) LANE ACQUISITION - WLST 26TH STREET AND GEORGIA AVENUE (NL & C NO. 70 - 4a SUPPLEMENT ) Councilman Heltzer moved to authorize acquisition in the amount of $ 18 , 641 . 14 and apply for fede ral grant . Councilman Reynolds s econded and the motion carried 5 - 2 , Mayor Howard and Councilman Thiel voting nay . 10 . NEW BUSINESS ( a ) r. 1V.LPLOYE : : APPOINTNLENTS AND EXTENSION OF EMPLOYMENT Councilman Graves moved to consent and approve the appointments of Steven Trickey , Laborer II , Street Department and John IViantz , Laborer II , �Vd ater Department , and the extension of retirement of Frederick Williams to April 3 , 1971 . Councilman Heltzer seconded and the motion carried 7 - 0 . (b ) PROPOSED ChANGE ORDER - AQUILA PARK ATHLETIC FIELD LIGHTING CONTRACT ' It was moved by Councilman Graves , seconded by Councilman Heltzer , to approve Change Order No . 1 , Contract No . 890 with Lehn Electric Co . extending the completion date to May 25 , 1971 • The motion carried 7 - 0 . 273 ri Minutes , 1 Council Minutes , November 30 , 1970 l 10 . (c ) Ri� CONVEYANCZ OF TAX FORFEITED SND ( VI & C NO. 70 - 28j ( 2800 BLOCK OF SALEM AVENUE ) RLSOLUTION NO. 4100 h t It was moved by Councilman Fleetham , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4100 entitled " Authorizing Reconveyance of Tax - forfeited Lands , " The motion x carried 7 - 0 . (d ) EMPLOYMENT OF CONSULTING F. NGINZ R - ( FO:% LOUISIANA AVENUE i: XTENSION WEST 32ND STRE % T TO OXFORD AND SOUTHEAST AND OAK HILL PAVING AREA ) Ivi & C NO. 70 - 29 ' i It was moved by Councilman Graves , seconded by Councilman Galinson , to authorize Mayor and City Manager to execute necessary � contracts for the two projects with Howard , Needles , Tammen and r Bergendoff. The motion carried 7 - 0 . s (e ) TABULATION OF BIDS - CENTRAL GARAGE lvlr . Joel Glotter of Liebenberg , Kaplan and Glotter was present to explain the bidding . It was moved by Councilman Thiel , seconded by Councilman Reynolds , to accept bid of Adol: on and Peterson in amount of $ 791 , 600 , excluding Alternate H and authorizing the Mayor and City Manager to execute the contract . The motion carried 7 - 0 . (f ) LAND ACQUISITION - FLAG AVENU% RIGHT - OF - WAY FROM BURLINC' TON NORTh; L. RN INC . ( PART OF BLOCKS 1 , 2 , 3 , and 4 , J . F . LYONS 4TF. , EDITION ) Councilman Galinson moved to accept deed and authorize City Clerk to file same for record . Councilman Reynolds seconded and the motion carried 7 - 0 . 11 . 1MLIS C E LLA NE OUS ( a ) GOVERNO.R ' S HOLIDA Y SAFETY CAMPAIGN It was moved by Councilman Galinson , seconded by Councilman nor ' s ;noliday Safety Campaign . The Heltzer , to endorse the Gover motion carried 7 - 00 (b ) DEPARTMENT IjEADISUPLItVISORY TRAINING Councilman Galinson moved that City lvianager be authorized to 274 { Council Minutes , November 30 , 1970 11 . (b ) proceed with training program for department heads and supervisory Byrd . Councilman personnel employing the firm of Richard 7 •� 0 . heltzer seconded and the motion carried 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Reynolds , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated November 30 , 1970 in the total amounts of $4 , 664 . 82 for payroll , and $ 90 , 749 . 61 for vendors were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a seven yea vote . 13 . ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Reynolds , the meeting was adjourned at 11 : 05 p . m . by a seven yea vote . Frank J . F-la ' r layor i Attest : i Alice M. Carlson , Secretary � I i i i 275