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HomeMy WebLinkAbout1970/06/01 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA June 1 , 1970 i , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Frank Howard at 8 : 08 p . m . 2 . INVOCATION Invocation was given by Rev . James L. Jenkins of St . George ' s Episcopal Church. 3 , ROLL CALL The following Councilmen were present at roll call : Murray Galinson Richard Graves James Heltze r Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Managers City . y Attorney , Planning Dic Works ,Acting Director - of Publi Sanitarian , Supervisor of Zoning and Inspection , and Secretary. in Councilman Fleetham arrived at 8 : 13 p . m ., 4 . MINUTES seconded b Councilman Graves , On motion of Councilman Ga,lmson , Y the minutes of the regular meeting held May 18 , 1970 , were approved by a six yea vote . Councilman Fleetham Was not present . 5 . PUBLIC HEARINGS None t I� AND COMMUNICATIONS b • PETITIONS , REQUESTS , (a )PETITION OPPOSING IMPROVEMENT NO. ? 0 - 20 , PAVING , CURB AND CUTTER , AND SIDEWALK , LOCATED IN PAVING DISTRICT S # 5 BOUNDED IN GENERAL BY MINNETONKA BOULEVARD NUE ON NORTH . WEST 33RD STREET ON THE SOUTH ; TEXAS AVE THE EAST , AND AQUI LA AVENUE ON THE WEST ( IMPROVEMENT ORDERED IN APRIL 27 , 1970 ) . 108 Council Minutes , June 1 , 19 70 3045 Utah A 3048 Nylon Averiue , and Mir . Kloster , venue , . Mr , Garlock , urged Council to recon sider their former action and de ete t is .portion 6 ( a ) of the improvement . ic V►' orks explained the policy for installing The Acting Director of Publ improvements . d whether Utah Avenue would have to be Councilman Thiel questioned west side of Utah i widened since the s zoned for multiple dwellings . Councilman Thiel Tel moved to delete the two blocks on Utah fros theate Councilman Heltzer seconded the motion which wa project . ea vote . 6 - 1 , Councilman Thiel casting the only y (b ) NOTICE OF INTENT TO I-iJLD BINGO GAMES - VETERANS OF FOREIGN VARS There bein no opposition , the notice was ordered by the Mayor to be g received for filing . (c ) CONLMUNICATION FRONT HENNEPIN COUNTY HIGHWAY DEP CEI ,SIOR MENT REQUESTING THAT PARKING BE ELIMINATED ON EXCE BOULEVARD FROM DAKOTA AVENUE WESTERLY TO THE CITY LIM ITS RESOLUTION NO . 3962 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 3962 entitled , " Resolution Authorizing Placement of Traffic Control Signs Regulating Parking . 11 The motion carried unanimously . (d ) REQUEST FROM METROPOLITAN SEti I ER BOARD THAT PAYN� NTS BE MADE TO CITY OF MINNEAPOLIS RESOLUTION NO , 3963 It was moved by Councilman Heltzer , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3963 entitled ► " Resolution Authorizing Continued Payments to Minneapolis for Use of lviinneapolis - St . Paul Sanitary District Sewerage Works . " The motion carried unanimously . ( e ) REQUEST B Y TOTINO' S FOR EXTENSION OF AIR POLLUTION CONTROL DEADLINE Mr . Bob V.7illow, president of Totino ' s Finer Foods , expi ained that i09 Council Minutes , June 1 , 1970 6 . ( e ) the company Is building a new plant in Fridley and will be moving by January 1 , 1971 . The Sanitarian explained his contacts with Totino ' s and the nature of the pollution . After discussion , Councilman Reynolds moved to grant extension to November 1 , 1970 , per Sectitn 4 : 815 . 73 , Subd . 3 of the Ordinance . Councilman Fleetham seconded and the motion carried unanimously. Councilman Heltzer pointed out that if complaints began to come in concerning this operation the action of Council would have to be reviewed . (f ) REQUEST FOR ENCROACHMENT ON CITY RIGHT OF WAY - RAY HENKELS , 3153 PENNSYLVANIA AVENUE It was moved by Councilman Heltzer , seconded by Councilman Fleetham , to approve execution of the documents necessary to grant the right of encroachment , with the City to have the right to remove the garage at any time . The motion carried unanimously . 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZINC REMOVAL OF QUENTIN AVENUE ► BETWEEN W OODDALE AVENUE AND EXCELSIOR BOULEVARD FROM MUNICIPAL STATE AID SYSTEM. RESOLUTION NO . 3964 ilman Reynolds , seconded by Councilman It was moved by Counc Graves , to waive reading and adopt Resolution No . 3964 entitled , " Resolution Revoking Municig3l State - Aid Street . It The motion carried unanimouslY , (b ) RESOLUTION ACCEPTING BID FOR JOINT HOPKINS - ST . LOUIS PARK SANITARY SEW E R FORCE MAIN L RESOLUTION NO . 3965 It wasb Councilman Galinson , seconded by Councilman ie moved y 3965 entitled Graves , to waive reading and adopt Resolusi St No , Park Sanitary " Resolution Accepting Bid for Joint Hopkin Sewer Force Main * it The motion carried unaniously . m (c ) SECOND READING OF ]PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARK ZONING ORDINANCE , SECTION 6 : 045 . 2s i 110 unc it Minute s , June 1 , 1970 Co TO EM NCRpAGHENT ON YARD 1 RELATING OF VARIOUS TYPE STRUCTURES , 7 . ( c ) SUBDIVISIO EQUIREMENTS h10ODS , ETC . SETBACK R S AWNINGS ► INCLUDING CAN OPIL ' ORDINANCE NO . 1111 seconded by Councilman Graves , Councilman Heltzer > 1111 entitled , " An It was moved by and adopt Ordinance Noe to waive second reading Ce No . ? 30 passed December 28 , i9isi Ordinance Section 6 . 045 2 Subdivision v on Ordinance Amending Ordinance ' ' Entitled '' St . Louis Park Zoning uirements . " The • roachmen- is on Yard Setback Req 1 Relating to Enc motion carried unanimously , - TING OPEN PROPOSED ORDINANCE PROY. IBC7, ION ? : 20 (d } SECOND READING OF ADDING SE F I,,AIv�1: FIRES IN iviULTIPLE DWELLINGS • TO ST . LOUIS PARK ORDINANCE ORDINANCE NO . 1112 seconded by Councilman It was moved by Councilman Reynolds , 1112 waive second reading and adopt Ordinance Nlviulti le Fleetham , to en Flame Fires in 1p le " An Ordinance Prohibiting Op Dwellings Adding Section 7 : 20 . " The motion carried unanimously. ( e ) RESOLUTION EXTENDING SYMPATHY TO FAMILY OF HARRY CARTER RESOLUTION NO . 3968 It was moved by Councilman Galinson , seconded by Councilmanentitled , Graves , to waive reading and adopt Resolution No . 3968if The " Resolution Extending Sympathy to Family of Harry Cartere motion carried unanimously . Be REPORTS OF OFFICERS , BOARDS , AND COMN.LITTTEES E PLANNING ComMISSION ( CASE No. 69 " 39 ) ( a ) REPORT OF TH �STNS REC OMNLEN DING DISAPPROVAL OF THE PRELIMINARY PLANS AR LAKE OF HENNEPIN COUNTY FO�t THE IMPROVEMENT OF CEDAR' To ROAD AND RECOMMENDING EMPLOYMENT OF CONSUL STUDY THIS PROBLEM Mr . Mitchell Kirschbaum , attorney for the Cedar Lake Road Residents ' Committee , spoke in opposition to the proposed improvement , presenting petitions suppazting their position. Following a discussion , Councilman Galinson moved that Co`ncll go on record opposing the County ' s proposal to widen Cedar L e Road ( County Road 16 ) from Highway 100 to Louisiana Avenue b 111 Codi Minutes . June I , 1970 6 . (a ) and that Council recommend to the County that they look into the feasibility of improving Cedar Lake Road from Edgewood Avenue to Highway 100 only . Councilman Graves seconded the motion but after discussion Councilman Galinson deleted from his motion the part dealing with the area from Highway 100 to Edgewood Avenue and go on record opposing the plan , Councilman Graves accepted the change and the motion carried unanimously . Councilman Galinson moved that the County improve Cedar Lake Road from Trunk Highway 100 west to County Road 18 and place a bridge over the railroad tracks immediately east of Colorado Avenue ; properly signalize Cedar Lake Road and Vernon Avenue ; ramp leading from Cedar Lake Road to Highway 100 be improved to meet minimum engineering standards ; Vernon Avenue be widened and improved to carry the amounts of traffic needed to allow traffic to flow into and from the industrial areas surrounding Vernon Avenues the intersection of Cedar Lake Road and Texas Avenue be improved to allow for the proper movement of traffic to and from Texas Avenue ; and stop signs be placed on Cedar Lake Road at its intersection with Virginia Avenue so that the intersection has a four -way stop . Councilman Graves seconded and the motion carried unanimously . Councilman Fleetham moved to send this matter to the Streets and Highways Committee to work out with staff. Councilman Reynolds seconded and the motion carried 7 -- 0 . Councilman Heltze r moved staff prepare report in regard to what legally would have to be done to assume full control of Cedar Lake Road and what the financial implications would be to the City . Councilman Reynolds seconded and the motion carried unanimously . (b ) REQUEST OF WEST SUBURBAN BUILDERS ( CASE NO. 70 - 25 - Z ) TO CHANGE THE ZONING ON PROPERTY LOCATED AT CEDAR LAKE ROAD FROM R - 2 , SINGLE FAMILY DISTRICT TO I - 1 , INDUSTRIAL DISTRICT , ON LOTS 14 AND 15 . BLOCK 1 LOUIS THORPE BROS , UNIVERSITY CLUB ADDITION TO - PARK - PLANNING COA,ilviISSION RECOMMENDING DENIAL ilman Heltzer , seconded by Councilman It was moved by CouncThe Reynolds , to set date for public hearing June 22 ► 19 • motion carried unanimously . (c ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS D ASSESSMENT REPORT WITH RESPECT TO Ir,LPROVEMEN NO it 70 - 30 SANITARY SEWER IN HOBART LANE , BROOK LANE , ` �•ASEIv�ENTS BETWEEN ALABAMA ALABAMA AVyNUE AND IN AVENUE AND BROOK LANE 112 Council Minutes , June 1 , 1970 RESOLUTION NO . 3966 8 . ( c ) It was moved by Councilman Reynolds ) seconded by Councilman Graves an adopt Resolution No . 3966 entitled , " Resolution to waive reading s and Calling 1-:eating on Improvement No . ? 0 - 30 . " Receiving Report oust . The motion carried una.nim Y (d ) REPORT OF STOP SIGN STUDY - WEST 31ST STREET AND UTAH NO SIGNS RECOMMENDED U on hearing no opposition , the report was ordered by the N.Layor to P be received for filing . ( e ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD MAY 20 , 1970 Mrs . Jane Tschida of the Human Rights CorXimis sion was present requesting that a special committee be established for employment and housing because of their close relationship as they apply to was told that the Human Rights Commission was human rights. She free to form their own committees without Council authorization . Councilman Heltzer moved to authorize the Human Rights Commission , staff , and Council to send up to eight representatives to the Educational Freedom Fund Dinner and that the NAACP be notified that under law the City cannot be a sponsor . Councilman Reynolds seconded and the motion carried 6 - 1 , Councilman Fleetham voting nay because he felt the City should not be a sponsor and that he would be willing to go out into the business community to help raise necessary funds . Upon hearing no further discussion , the minutes were ordered by the Mayor to be received for filing , (f ) MINUTES OF SPECIAL PLANNING COMMISSION MISSION MEETING HELD MAY 15 , 1970 Upon hearing no discussion , the minutes were ordered by the N,,ayor to be received for filing . (g ) MINUTES OF PLANNING COMMISSION NLEETING HELD NiAY 201 1970 Upon hearing no discussion , the minutes were ordered by the I iayor to be received for filing , 9 . UNFINISHED BUSINESS ( a ) PROPOSED REZONING OF PROPERTY NORTH AND EAST OF 113 Gauncil IViinutes , June 1 , 1970 9 , ( a ) THE INTERSECTION OF QUENTIN AND WEST 39TH STREET FROM R - 4 , ONE TO ELEVEN FAMILY RESIDENCE. DISTRICT , TO RB , RESIDENTIAL BUSINESS DISTRICT ( CASE NO. 69 - 6 - Z . ) - REFERRr: D TO PLANNING COMMISSION DECEMBER 15 , 1969 . Councilman Reynolds moved to set date for hearing June 22 , 1970 . Councilman Fleetham seconded and the motion carried unanimously . The City Manager said he would like a pedestrian easement between adjoining property owners . (b ) PROPOSED ORDINANCE AMENDING ORDINANCE NO. 730 PASSED DECEMBER 28 , 1959 , ENTITLED " ST . LOUIS PARK ZONING ORDINANCE " ADDING SUBDIVISION 5 TO SECTION 6 : 045 . 2 RELATING TOI�aNCROACHIViLNTS ON YARD SETBACK REQUIRE - MENTS It was moved by Councilman Galinson , seconded by Councilman Fleetham , to set date for hearing June 22 , 1970 . The motion carried unanimously . 10 . NEW BUSINESS ( a ) TABULATION OF BIDS - TENNIS COURTS AND ALUMINUM CHAIN LINK FENCE Councilman Galinson moved to accept bids of Carlson & LaVine designating Alternate No . 1 and authorizing Mayor and City Manager to execute contract , with the understanding that the school contribute their proportionate share for the courts at Westwood Junior High . Councilman Heltzer seconded the motion. - After discussion of the costs and location , Councilman Fleetham moved to defer to June 22 , 1970 . Councilman Reynolds seconded and the motion lost 6 - 1 , Councilman Fleetham casting the only yea vote . The vote on the original motion carried 4 - 3 , Councilmen Graves , Fleetham , and 'Thiel voting nay . (b ) EMPLOYEE APPOINTMENTS - DIRECTOR OF PUBLIC WORKS , AND CLERK 1 , POLICE DEPARTMENT Councilman Galin son moved to consent and approve the appoint - ment of Jimmie J . Jones as Director of Public Works and Karen Holt as Clerk I in the Police Department . The motion was seconded by Councilman Graves and carried unanimously . 114 Council Minutes , June 1 , 1970 ORDER N0. 1 TO PAINTING AND RESERypIR 10 . (c ) PROPOSED CHANGE WITH L . N . ANDERSON BUILDING RESTORA _ REPAIR CONTRACT TION TO EXTEND CONpI,ETION DATE TO JUNE 30 , 1970 lor an Reynolds , seconded by Councilman It was moved by Counci • approve and to authorize the City Manager to execute . Graves , to aPPr ousl . The motion carried unanim y (d ) APPOINTIvENT TO H UMAN RIGI: TS COMMISSION ' appoint Nlrs . Diane Esler to Councilman Heltzer moved i htP Commission ( expiring 6 / 1 / 73 ) . a full term on the Human R g Galinson seconded the motion which carried 5 - 29 Councilman ayor Howard voting nay . Councilman Thiel and M 11 . MISCELLANEOUS ( a ) COMMUNICATIONS FROM CITY MANAGER 1 . Proposal to Relocate City Health Services The Citals reqger uested P explained that the County Director of Health and =° bPlovin the the City to participate in a Regional Health Center y g Health Department into space the County is leasing at the Meadowbrook Medical Building . Councilman Reynolds moved to authorize acceptance of the space at the Meadowbrook Medical Building for the City Health Depart - ment . Councilman Galinson seconded the motion . Councilman Thiel moved to amend the motion that the County furnish secretarial help and that the Health Department remain f in the City Hall , going to the Medical Building for the numb hours during the week that the City Manager felt to be appropriate • Councilman Galinson asked that Councilman Thiel ' s amendments be separated and as part of the original motion it be stipulated only if the lab and / or the nursing service move in as well . The vote on the first part of the amendment carried 4 - 3 , Councilmen Thiel , Fleetham , and Graves voting nay • Mayor Howard ruled the second portion of the amendment to be contrary to the original motion . The vote on the original motion lost g g oting 4 - 3 , Councilmen Heltzer , Graves , Fleetham , and Thiel v nay . 2 . Plans of Hennepin County - Improvement of Minnetonka Boulevard and Vernon Avenue Intersection - 115 i Council Minutes , June 1 , 1970 ( a ) 2 . RESOLUTION NO. 3969 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3969 entitled , " Resolution Approving Plans ( County Project No . 6751 ) for the Improvement of CSAH No . 5 . " and communicate to the County the need for signalization at Toledo Avenue . The motion carried * - 2 - 1 , Councilmen He �. tzer and Graves voting nay and Councilman Fleetham abstaining . b Councilman Fleetham moved that if a committee / commission member does not atend 60 % of the meetings he will be automatic ally asked to resign from the Commission . Councilman Reynolds seconded and the motion carried 6 - 1 , Councilman Heltzer voting nay . 12 . r.�„AIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Galinson , seconded by Councilman Graves , the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 1 , 1970 in the total amounts of $ 2 , 795 . 41 for payroll , and $ 78 , 788 . 44 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 ) CONTRACT PAYMENT Final Payment - paving and storm sewer , Imp . Nos , 62 - 65 , 68 - 16 , 68 - 17 , and 68 - 46 - J . V . Gleason , Inc . - $ 3 , 7Z5 . 60 . RESOLUTION NO. 3967 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 3967 entitled , " Resolution Accepting Work on Asphalt Paving and Storm Sewer , Improvement Nos . 62 - 65 , 68 - 16 , 68 - 17 , and 68 - 46 . " The motion carried unanimously . 13 . ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Heltzer , the meeting was adjourned at 12 : 25 p . m , by a seven yea vote . J i Attest : Frank J . How , iayor 116 Alice M , Carlson , Secretary