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1970/05/18 - ADMIN - Minutes - City Council - Regular
MINUTES OF CITY COUNCIL MEETING ST * LOUIS PARK , MINNESOTA May 18 , 1970 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 15 p . m . 2 . INVOCATION Invocation was given by Rev . Quentin Alfors of the Evangelical Free Church . 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 , Supervisor of Zoning and Inspection. Acting Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman Reynolds , seconded by Councilman Galinson , the special meetings held May 4 , 1970 and May 12 , 1970 , were approved by a seven yea vote . It was mored by Councilman Reynolds , seconded by Councilman Graves , to approve �:. � :minutes of the regular meeting of May 4 , 1970 . The motion carried unanimously . 5 . PUBLIC HEARINGS (a ) PROPOSED AlviENDIVIENT TO ST . LOUIS PARK ZONING ORDINANCE , SECTION 6 : 045 . 2 , SUBDIVISION 1 , RELATING TOAENCROA YHP HENT ON YARD SETBACK REQUIREMENTS OGS VARIOUS S ODSO ETC . STRUCTURES , INCLUDING CANOPIES , AWNIN AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 30 , 1970 . Mayor Howard opened the hearing . 98 r/ w Council Minutes , Iv� ay 18 , 1970 � this matters Mayor sent interested in � 5 . (a ) There being no one pre closed . Hing Howard declared the hear Counci• lrnan Heltzer , seconded by Councilman Graves , It was moved by roposed ordinance and set date or second . to waive first reading of P • reading June - I Councilman Fleeth am 1 , 1970 . The motion carried voting nay . t AND C ©NN� UNICATIONS 6 , PETITIONS , REQUESTS , IIIMEN a TO HOLD BINGO GAMES EVERY FRIDAY (a ) NOTICE OF INTENT1 70 FRANK I., UNDBERG � NIGHT CO1vIMENCING JULY 3 , 9 - AIv; ERICAN LEGION POST # 282 , 5707 EXCELSIOR BOULEVARD � no objection , the notice was ordered by the Mayor s Upon hearing J a to be received for filing . (b ) COMMUNICATION CATION FRONT Cn Eo VAN EECKHOUT , VIEWCC • RELATIVE TO STREET GRADING - 16TH STREET AND DAKOTAa AVENUE The communication was withdrawn . 7 . RESOLUTIONS AND ORDINANCES a ) FIRST READING OF PROPOSED ORDINANCE PROHIBITING ( OPEN FLAME FIRES IN MULTIPLE DWELLINGS , ADDING SECTION 7 : 20 TO ST . LOUIS PARK ORDINANCE It was moved by Councilman Fleetham , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading June 1 , 1970 . The motion carried 6 - 0 ( Councd " man Galinson was out of the . hambers ) . (b ) RESOLUTION AUTHORIZING TAKING OF LAND B Y EINENT DOMAIN FOR STREET AND UTILITY PURPOSES (IMP . 1%40. 62 - 82 , GRADING OF FLAG AVENUE FROM MINNETONKA BOULEVARD TO GETTYSBURG ) , RESOLUTION NO , 3957 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 3957 entitled , " Authorizing Taking of Land by Eminent Domain for Street and Utility Purposes . " The motion carried 6 - 0 . ( Councilman Galinson was out of the chambers ) , 99 Council Minutes , May 18 , 1970 7 . (c ) RESOLUTION AUTHORIZING TAKING OF LAND B Y EMINENT DOMAIN FOR DRAINAGE, PURPOSES ( COBBLECREST STORM SEWER ) . RESOLUTION NO, 3958 It was moved by Councilman Heltzer , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 3958 entitled , " Authorizing Taking of Land by Eminent Domain for Drainage Purposes " . The motion carried 6 - 0 . ( Councilman Galinson was out of the chambers ) , Councilman Heltzer moved to ask Parks and Recreation to look at property around Lake Victoria to determine whether it would be advisable to acquire land for recreational area . Councilman Reynolds seconded and the motion carried 6 - 0 ( Councilman Galinson was out of the chambers ) . Councilman Thiel suggested that the widening of Virginia Avenue as it goes under the railroad bridge be referred to the Planning Commission . . 1 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES � (a ) REPORT OF CITY MANAGER ( M & C NO. 70 - 13 ) CONCERNING PLANS FOR IMPROVEMENT OF TRUNE HIGHWA t NO. 100 FROM WEST 42ND STREET TO WILLSON ROAD ( EDINA ) IVA. r . Pat Murphy of the State Highway Department explained the proposed project showing the plan for relocation of utilities and details of curb and gutter . RESOLU 'T' ION NO . 3959 It was moved by Councilman Thiel , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3959 entitled , " Approving Agreement with the Iviinnesota Department of Highways Designating r the Commissioner of Highways to Act as Agent of City of St . Louis Park for Relocation of City ' s Utility Facilities Necessitated by Trunk Highway Construction in Accordance with State Project 2734 - 18 . " The motion carried 7 - 0 • RESOLUTION NO . 3960 It was moved by Councilman Reynolds , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 3960 entitled , " Resolution Authorizing an Agreement with the State of rriinnesota , Department of Highways , for the Improvement of Trunk Highway 100 Council Niinutes , May 18 , 1970 g . ( a ) 100 from West 42nd Street to the South City Limits . " The motion , f carried 7 - 0 . (b ) REPORT OF PUBLIC; WORKS " SEAT COAT PROGRAM 1970 an Reynolds , seconded by Councilman It was moved by Councilor y ram for 1970 . The motion Galinson , to approve seal coat prog carried unanimously . COM1viISSION MEETING HELD MAY b , 1970 (c ) MINUTES OF PLANNING no ob ' ection , the minutes were ordered by the Mayor Upon hearing J to be received for filing . d MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD MAY 13 , 1970 ' Upon hearing no objection , the minutes were ordered by the Mayor to be received for filing . 9 . UNFINISHED BUSINESS (a ) AWARD OF CONTRACT - CENTRAL STORM SEWER , 4 1970 ) . IMPROVEMENT NO. 66 - 17 ( DEFERRED FROM RESOLUTION NO. 3961 � 1 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reacting and adopt Resolution No . 3 961 entitled , Resolution Accepting Bid for Storm Sewer , Improvement No . 66 - 17 . " The motion carried 7 - 0 . (b ) LIQUOR VIOLATION - GEORGE FAUST The Council Liquor Committee gave a report on a meeting held earlier in the evening , indicating that they had received a financial report from George Faust which provided information as to financial loss which would be incurred if the license were to be suspended * Since there was no dissent from the Council , Mr . Faust was called to appear later in the meeting . Mr . Faust arrived and agreed to have the matter heard at this time without benefit of counsel * Councilman Heltzer moved that George Faust ' s establishment be ed closed on Tuesday , May 26 , 1970 . Councilman Galinson second . e the m. da ► motion , After discussion , Councilman Heltzer changed the 0A stated in his motion to Monday , May 25 1970 . Vote on the 1n i 6 - 0 .4 Councilman Fleetharrm abstaining . Questioned as to why bg 101 Council Minutes , May 18 , 1970 9 . (b ) abstained , Councilman Fleetham explained that he disagreed with the way the matter had been handled and that he felt that a person with liquor interests should not serve on the liquor committee . Councilman Galinson said that when he was appointed and reappointed to the liquor committee no one objected to his liquor interests , that he had informed Council of these interests and had either abstained or offered to abstain from voting on various liquor issues , and that no one on the Council had ever indicated that they felt he had any conflicting interests , but that now that one member had expressed this feeling he would resign from the liquor committee , change his vote to abstain on this issue at hand and abstain on all future liquor questions . Councilman heltzer withdrew his motion and asked that Councilman Fleetham submit his objections in writing . Mayor Howard explained that he felt the matter in question should be considered. and did not accept the resignation of Councilman Galinson or the withdrawl of the motion of Councilman Heltzer . Vote on the motion was taken again for clarification with the vote carrying 4 - 1 , Mayor Howard voting nay and Councilmen Fleetham and Galinson abstaining It was moved by Councilman Reynolds to reconsider the matter . Councilman Heltzer seconded and the motion lost 2 - 4 , Mayor Howard and Councilmen Thiel , Fleetham , and Graves voting nay and Councilman Galinson abstaining . 10 , NEW BUSINESS ( a ) CONSIDERATION FOR REMOVAL OF QUENTIN AVENUE BETWEEN WOODDALE AVENUE AND EXCELSIOR BR LEVARD FROM THE iviUNIDIPAL STATE AID SYSTEM ANDI ORUE DDING W OODDALE AVENUE BETWEEN PRINCETON AV EXCELSIOR BOULEVARD TO THE STATE AID SYSTEM Mr . Lou Schoen , 4000 Quentin Avenue ; Mr . Dave Jones , 4004 Quentin Avenue ; Mr . Marty Nevers , 4212 Princeton Avenue ; r . Stanley Peterson Mr . Emil Adams , 4213 Wooddale Avenue ; M , 4370 Wooddale Avenue ; Mr . Bob Keckhafer , 4346 Wooddale Avenue ; Mr . G . A . Wohlman , 4205 Wooddale ; and Mr , Preston Hag lin , 4383 Wooddale Avenue expressed concern ab f streets ut Sing ii ii traffic in the area and voiced opposition to widening o and tree removal . Councilman Reynolds moved that a resolution be prepared ween Wooddale removing Quentin Avenue bet tandm ate Aid S ste . Excelsior Boulevard from the Municipal State carried ? - � • Councilman Graves seconded and the 102 Council Iviinutes , May 18 , 1970 10 . (a ) Councilor n Reynolds moved to refer the question of V'J ooddale en 44th Street and -Excelsior BouleTevieward la a study Avenue betwe fission for additional and consldera . back to the Planning Gomm tion . Councilman Graves seconded and the motion carried 7 - 00 an Reynolds moved staff investigate the possibility of stop Councilor y Wooddale and 42nd , Quentin and 41st , signs at Wooddale and 41st , ' ight angle intersection and 4 -way stop Quentin and 40th , and making a r at Wooddale and Princeton . Councilman Graves seconded and the motion carried 7 - 0 . b CONSIDERATION OF RECREATIONAL FACILITIES CONCEPT Mr , Mas Matsumoto and Mr . Phil Olander of S . G . Smiley & Assoc , location on the site were present explaining details of the designsand schematic plans . It was moved by Councilman Thiel , seconded by Councilman Graves , to approve the schematic plans . The motion carried 6 - 1 , Councilman Fleetham voting nay because he felt not enough functional use was being made of the facility . (c ) TABULATION OF BIDS FOR STREET WORK SUPPLIES It w as moved by Councilman Reynolds , seconded by Councilman Graves , to designate the following as lowest responsible bidders , accept bids and authorize Mayor and City Manager to execute the necessary contractsft Plant Mix AC - 1 ( 234 1 ) Midwest Asphalt Corp . SC - 3000 Mixture Midwest Asphalt Corp . SC - 250 2331 Midwest Asphalt Corp . RC - 800 Alt . Richards Oil Class 5 B & R Rock Products Seal Coat Anderson Aggregates FA - 4 Aggregate Anderson Aggregates IVIC - 70 Richards Oil Sand Anderson Aggregates Limestone B & R Rock Products The motion carried 7 - 00 11 . MISCELLANEOUS ( a ) DAMAGE C LAIIViS It was moved by Councilman Graves , seconded by Councilman Galinson , to file the following claims with the City Clerk for proper action by the City Manager and City Attorney : 103 Council Iviinute s , May 18 , 19 7 0 11 . ( a ) 1 • Duraclean Suburban Service , 3939 Excelsior Boulevard 2 • Mrs . L. A . Long , 2921 Idaho Avenue The motion carried 7 - 00 (b ) EMPLOYMENT OF HYDROLOGIST It was moved by Councilman Graves, seconded by Councilman Fleetham , that a hydrologist be employed for testing of Bass Lake in an amount not to exceed $ 1 , 000 . The motion carried 7 - 0 . (c ) RICHFIELD BUS C OIviPA N Y Councilman Fleetham moved that Gouncil go on record in support of Richfield Bus Company on their petition to the Public Service Com - mission to lift their restrictions concerning pick up and discharge of passengers on Minnetonka Boulevard . Councilman Graves seconded and the motion carried 6 - 1 , Councilman Heltzer voting nay . (d ) COMMISSION RESIGNATION Councilman Reynolds moved that if Mr . Seymour Druskin has not resigned from the Charter or Planning Commission on or before May 25 , 1970 he shall by this action be removed from the Planning Commission as of that date . Councilman Heltzer seconded and the motion carried 7 - 0 . 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PA Y1vIENTS ( a ) VERIFIED CLAIMS On motion of Councilman Gravesa seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated May 18 , 1970 in the total amounts of $ 2 , 270 . 62 for payroll , and $ 1699 324 . 72 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 . ' (b ) PAYMENTS ON CONTRACT WORK Partial Payment No . 1 , cleaning and painting of Reservoir No . 2 , General Coatings , Ince - $ 3 , 1950, 000 On motion of Councilman Graves , seconded by Councilman Re olds the above payment on contract work presented by Yn , City Engineer was approved , and the City Manager , City 104 Council Ddinuxe s , �Y 18 , 19 ? 0 1Z. J,bl and Gity Treasurer were authorized to issue a check for the amount by a s even yea vote 13 . ADJOURNMENT Councilman Ga] inson , seconded by Councilman On motion of eetin was adjourned at 11 : 40 P • m • by a seven Fleethaxn , them g yea vote . i Frank J9 How Attest : Alice M. Carlson , Secretary 105