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HomeMy WebLinkAbout1971/10/04 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING A ST . LOUIS PARK , MINNESOT October 4 , 1971 1 . CALL TO ORDER A regular meeting tin of the City Council was called to order by Mayor Howard at 8 : 08 p . m . 2 . INVOCATION Bennett Brudevold of the Aldersgate Invocation was given by Rev * Methodist Church. 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltzer Theodore Rudy Leonard Thiel Frank Howard Also present were the Acting City Manager , City Attorney , Planning Director , City Assessor , Director of Public Health , Director of Public Works , and Secretary . Councilman Graves left the meeting at 11 : 00 p . m . Mayor Howard presented a plaque to Mr . Ove Gooding for his years of service on the Police Civil Service Commission, The Mayor signed a proclamation naming the week of October 17 - 24 as National Business Women ' s Week . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Rudy , the minutes of special budget meetings held September 18 , September 21 , September 23 , September 27 , and September 30 , 1971 , and regular meeting of September 27 , 1971 , were approved by a seven yea vote with the following changes : Page 279 , paragraph 4 , change " Council ' man Heltzer stated he felt the Council needed to come to " grips " with decisions on personnel pay and felt that public employee salaries should not be increased . " to " . . certain top administrative positions might Well be fr,omen. " ; Page 3032 Item 9 ( a ) , changed from " It was moved by Co ,oilman 310 y council Minutes . October 4 , 1971 4 , F'leetham . . " to " It was moved b Page 306 , add " Councilman Fleeth Councilman Galinson , " : Item 11 am was dissatisified with the manner � t , which the neighborhood meetings were set u in change " Councilman Heltzer moved to eliminate and Page 281 , paragraph 7 discussed . . iftO C ° uncilman Heltzer i 5, PUBLIC HEARINGS (a ) PROPOSED ASSESSMENT , IMPROVEMENT CURB AND GUTTER AND SIT�EWA NO' 70 ` 22 , PAVING , LK REPAIR , IN AREA BOUNDED � IN GENERAL By FRANKLIN AVENUE ON THE SOUTHl P VANIA ON THE WEST , 14TH STREET ON THE NORTH AND LOUIS AVENUE ON THE EAST ( CONTINUED FROM SEPTEMBER 20 ,LOUIS AVENUE 971 ) Mr . Ray Singer , 7330 West 14th Street protested the order in in of the improvement . He also indicated that the I - 394 consultant was using a map in his presentation which showed land in his area to be used as a multifamily , business , commercial area . The Mayor indicated that correct information would be transmitted on this matter . Councilman Galinson explained that Mr . Larry Segal , 1651 Nevada , had called him stating that his driveway apron was in good condition but was replaced in the project and he felt that he should not be assessed for this . Councilman Galinson said that Mr . Segal would make an official protest unless he received credit for this apron. He suggested that a report be given to Council so that a decision could be made . Mrs . Harold Butler , 1415 Nevada Avenue , objected to her side street assessment . Mr . Marvin Rothstein , 1821 Pennsylvania Avenue , explained that his street was damaged in the Frocess of developing Westwood Pond , The Director of Public Works explained that Pennsylvania Avenue was not included in the project when the parallel streets were paved . He said that Pennsylvania had no base and had a temporary surfacing . Mr . and Mrs . Leo Kleinbaum , 1825 Pennsylvania Avenue , pretested the improvement and the assessment . Mr . R . E . Harrold , 1845 Pennsylvania Avenue , felt the street would have lasted another ten years , did not object to the assessment but expressed concern for the future assessment for Franklin Avenue when that improvement is made . Mr . Robert Tenner , 1811 Oregon expressed the same concern for assessment of Franklin Avenue . 311 Council Minutes , October 4 , 1971 5 . (a ) There being no one else present wishing to speak to this matter , Mayor Howard declared the hearing closed . RESOLUTION NO. 4365 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4365 entitled , " Resolution Adopting Assessm , . nt Improvement No . 70 - 22 . " The motion carried 7 - 0 . (b ) PROPOSED SPECIAL ASSESSMENTS : 1 . Improvement No . 70 - 20 , paving , curb and gutter , and sidewalk repair , in area bounded in general by Aquila Avenue on the west , Texas Avenue on the east , 33rd Street on the south and Minnetonka Boulevard on the north Mayor Howard opened the hearing . Mr . Richard Bolash , 3145 Utah Avenue , explained that he was not a property owner at the time of the improvement hearing and wanted the history of the project . This was supplied by the Mayor and Acting City Manager , Mr . Bolash and Mr . Ronald Kerg , 3115 Utah Avenue questioned the reasons for differences in driveway apron widths and their costs . They were told that reasons for differences were that new aprons were installed to match present driveways and the cost differences were due to the varying amounts of concrete required . Mrs . Edna Kennison , 3023 Utah Avenue , and Mr . Everett Erieau , 3145 Utah Avenue , had complaints concerning the workmanship in this project . Council requested that this entire area be re - inspected and be brought up to specifications . There being no one else present wishing to speak , Mayor Howard declared the hearing closed . 2 . Improvement No . 70 - 42 , alley paving , between Louisiana Avenue and Kentucky Avenue from Minnetonka Boulevard to West 31st E Mayor Howard opened the hearing . Mr . Wesley Harms , 3029 Louisiana Avenue , explained that he is retired and living on social security . This assessment plus one for storm sewer were causing him financial hardship . His son , r Jim Harms , questioned whether there had been an additional assessment fo a portion of approach on his father ' s property to be used for approach to a neighbor ' s garage . 312 t Jouncil Minutes , October 4 , 1971 � G 5 . (b ) 2 . The City Attorney said that he is preparing a report concerning the possibility of relief of special assessments for the elderly . There being no one else present wishing to speak , Mayor Howard declared the hearing closed , l3 . improvement No . 71 - 13 , alley paving , between AA-labama Avenue and Zarthan Avenue from West 27th Street to West 28th Street Mayor Howard opened the hearing . There being on one present wishing to speak to this matter , Mayor Howard closed the hearing . RESOLUTION NO, 4366 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4366 entitled, " Resolution Adopting Assessment improvement Nos . 70 - 20 , 70 - 42 and 71 - 13 . " The motion carried 7 - 0 . 1 . ' (c ) PROPOSED PRELIMINARY PLAT , TARGET FIRST ADDITION Mayor Howard opened the hearing , There being no one present wishing to speak to this matter , Mayor Howard declared the hearing closed . It was moved by Councilman Galinson , seconded by Councilman Thiel , to approve the preliminary plat . The motion carried 7 - 0 . (d ) PROPOSED PRELIMINARY PLAT - AMOR ADDITION Mayor Howard opened the hearing The Planning Director described the proposed preliminary Plat . � Mr . John Crouch , attorney representing the subdivider , said that he felt the reasons for the unfavorable recommendation of the Planing Commission and staff were invalid . Councilm he felt the plat had been given thorough an Thiel said property* cousideration, as had Shelard Park and the Freidheim P P 't There being no one else present wishing to speak , Mayor Howard declared the hearing closed . 313 Council Meeting , October 4 , 1971 5 . (d ) Councilman Galinson moved than, in view of the recommendations of the Planning Direztor , Planning Cox maSsion , City Engineer , State Highway Department and e -;,rery member of the staff that has been requested to look into thi � matter the request for approval of preliminary plat be denied . Counciiinian Heltzer seconded and the motion carried 7 - 0 . 6 . PETITIONS ,z REQUESTS , AND C 01sv .MUNICA TIONS (a ) REQUEST FROM S T . LOUIS PARK SCHOOL DISTRICT TO DISPLAY FIREWORKS DURING NATIONAL ANTHEM AT HOMECOMING GAME FRIDAY , OCTOBER S . 1971 It was moved by Councilman Heltzer , seconded by Councilman Fleetham , to approve and waive the fee , The motion carried 6 - 0 . ( Councilman Graves was not present ) , (b ) REQUEST FOR EXTENSION OF AIR POLLUTION ORDINANCE DEADLINE - C OS OM CORPORATION It was moved by Councilman Galinson , seconded by Councilman Thiel to extend the compliance deadline to December 1 , 1971 . The motion carried 5 - 1 , Councilman Heltzer voting nay . ( Councilman Graves was not p .resent ) , Councilman Galinson sug - gested that staff info -.m Cosorr, that Council is becoming increasingly concerned about the delay to conform . ( c ) REQUEST FOR EXTENSION OF AIR POL �.UTION ORDINANCE DEADLINE - TOTINO' S It was moved by Councilman Thiel , seconced by Councilman Heltzer , to extend the compliance deadline to December 1 19710 The motion car : l , ed 6 - 0 , ( Councilman Graves was not present ). 7 . RESOLUTIONS AND ORDINANCES ( a ) SECOND READING OF PROPOSED ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES ORDINANCE NO , 1167 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive second reading and adopt Ordinance No . 1167 entitled , " An Ordinance Relating to the Control and Prevention of Tree Disea3es by Adding .Sections 4 ; 860 , 01 Through 4 : 860 , 10 . " The motion carried 6 - C ( Councilman Graves was not present ) , 314 Council IAutjutes , October 4 , 1971 7, (b ) RESOLUTION SETTING ANNUAL SERVICE CHARGE FOR COLLE TION OF GARBAGE AND REFUSE FRO1VI DWELLINGS C RESOLUTION NO, 4j67 It was moved bel Councilman Galinson , seconded by Councilman Heltzer , to waive i: eadir_ g and adopt Resolution No , 4367 entitled , " Resolu :ion Setting Annual Sery ce Charge for Co] section of Garbage and Refuse from Dweliings . " `a' jle motion carried 6 - 0 ( Councilman Graves was not pre o ent ) . (c ) RESOLUTION LEVYING ASSESSMENT FOR DELINQUENT SERVICE CHARGES , SEWER , WATER AFI) NUISANCE ABATEMENT RESOLUTION 110, 4368 It was moved by Councilman Heltzer , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4368 entitled , " Resolution Levying Assessment for Delinquent Service Charges , Sewer , Water and Nuisance Abatement , " The motion carried 6 - 0. (Councilman Graves was not present ) . (d ) RESOLUTION OF COMMENDATION RESOLUTION NO . 43 69 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4369 entitled , " Resolution of Comendation . " The motion carri m ::ned 6 - 0 . ( Councilman Gra-yes •pias not present ) . This resolution was to commend Lt. Heubach , Officers Hocking , and Jezierski . (e ) RESOLUTION AUTHORIZING PTjACEMENT OF STOP SIGNS FOR TRAFFt C CONTROL ( IREQ UE:Sr F. D BY COUNCIL SEPTEMBER 279 1971 ) RESOLUTION NO . 4370 It was moved by Cour_cil.man Galinson ; seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4370 entitled , " Resolution Author �. zin Placement of Stop Signs for Traffic Control at Intersections of West .22nd Street and Quebec Drive and West 18th Street and Westwood Hills Drive ling Resoluti and Repealing on No . 3317 Entitled " Resolution Authorizing Placement of Yield Right - of - Way Signs for Traffic Control at Intersection of West 18th St Graves tw weaood Hills Drive , IfThe motion carried 6 - 0 ( Cour was not present ) . 315 r Council Minutes , October 4 , 1971 REPEALING PORTION OF RESOLUTION NO. 3612 7 , (f ) RESOLUTION REPS G PLACE1vIENT OF " NO PARKING OF STOPPING 8 . 00 AND .AUTHORIZIN DAKOTA AVENUE WEST SIDE A . M . TO $ : 00 P . Me SCHOOL DAYS ' ' KS AND WEST 33RD STREET FROM 33RD STREET TO MN &S TRA O GEORGIA AVENUE SOUTH SIDE FROM DAKOTA AVENUE T ( REQUESTED BY SCHOOL ADMINISTRATION ) RESOLUTIOI [ NO. 4371 ilman Heltzer , seconded by Councilman It was moved by Counc 43 71 entitled , Galinson , to waive reading and adopt Resolution Noor Stopping ' " Resolution Authorizing Placement of No Parkingor Avenue , West Signs for Traffic Control at Intersections of Dakota Street , south Side from 33rd Street to MN &S Tracks and uWest and Repealing Portion of side , from Dakota Avenue to Georgia Avenue Authorizing Placement of Resolution No . 3 612 Entitled Resolution Traffic Control Signs Regulating Parking " ' The tmtion carried . 6 - 0 (Councilman Graves was not present ) . ( g ) RESOLUTION GRANTING AMENDMENT TO SPECIAL PERMIT FOR SERVICE STATION - SHELARD PARK AND STANDARD OIL Coe, - ( CASE NO . 81 - 17 - S . P . ) - PREVIOUSLY APPROVED BY MOTION REQUIRES RESOLUTION RESOLUTION NO . 4372 It was moved by Councilman Rudy , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4372 entitled , Resolution Amending Resolution No . 3787 Granting Permit Under Sections 6 : 122 . 15 , 6 : 176 . 2 and 6 : 176 . 4 of the St . Louis Park Zoning Ordinance for Residential Development Unit and Commercial Development Unit and Previously Amended by Resolution No . 3866 , adopted November 3 , 1969 ; Resolution No . 3877 , Adopted December 8 , 1969 * Resolution No . 3907 , Adopted February 2 , 197 0 ; Resolution 4091 , Adopted November 16 , 1970 ; and Resolution 4152 , Adopted February 16 , 1971 ; Shelard Development Company . " The motion carried 6 - 0 • ( Councilman Graves was not present ) . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES (a ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY UPON THE REQUEST OF NIELSEN INVESTMENT COMPANY TO FILL PROPERTY AT 6700 OXFORD STREET AND WEST TO LOUISIANA INTERSECTION AND OXFORD ( CASE NO. 71 - 33 -S • 1' • ) RESOLUTION NO, 4373 It was moved by Councilman Galinson , seconded by Councilman Rudy , to waive reading and adopt Resolution No . 4373 entitled , " Resolution 316 Codi' minutes , October 4 , 1971 8. (a ) Granting Permit Under Section 6 : 049 , 8 of the St . Loui Ordinance for Land Reclamation . 11The motis park Zoning ( Councilman Graves was not present ) , on carries 6 - 0 . (b ) MINUTES OF PLANNING COMIVUSSION MEETING HELD SEPTEMBER 15 , 1971 Upon hearing no discussion , the minutes were ordered b the Ma to be received for filing . Y yor (c ) MINUTES OF CITIZENS ADVISORY COMMISSION MEETING HELD SEPTEMBER 22 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . 9 . UNFINISHED BUSINESS ( a ) ACQUISITION OF PROPERTY - 38TH STREET AND PRINCETON AVENUE (M & C NO. 71 - 32 ) It was moved by Councilman Galinson , seconded by Councilman Fleetham , to authorize acquisition of property in amount not to exceed $ 18 , 000 . The motion carried 6 - 0 . ( Councilman Graves was not present ) . (b ) PROPOSED ASSESSMENT OF IMPROVEMENT NO. 69 - 17 ( HEARING CLOSED - AC 'T' ION DEFERRED FROM SEPTEMBER 27 , 1971 ) The City Assessor described the policy used to calculate the assessment of this project , Mr . Stephen Krupp , 2211 Quebec Drive , spoke in opposition to the assessor ' s conclusions feeling that property owners on Quebec Drive were being unjustly burdened for the assessment of West 22nd Street . Mr . Paul D. Stein , 7719 West 22nd Street , also felt the proposed assessment to be inequitable . Councilman Galinson moved that the assessment be made charging the interior lots on Quebec IJrive and the west side of Pennsylvania ots on the AVenue between 22nd Street and Quebec Drive as if the l eastside of Pennsylvania Avenue had been also assessed for 22nd with the balance to be taken from the general fund. The Street , emotion was seconded by Councilman Thiel and carried 6 - 0 . ( Councilman Graves was not present ) . 317 Council Minutes , October 4 , 1971 9 . (b ) RESOLUTION NO. 4374 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4374 entitled , " Resolution Adopting Assessment Improvement No , 69 - 17 , " with the understanding that a later meeting be held to determine whether reductions be made . The motion carried 6 - 0 . ( Councilman Graves was not present ) . ( c ) TABULATION OF BIDS - STREET LIGHTING SYSTEM WEST 36TH STREET AN D AQUILA AVENUE , I APROVEMENT NO. 71 - 19 RESOLUTION NO. 4375 It was moved by Councilman Heltzer , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4375 entitled , " Resolution Accepting Bid for Street Lighting System West 36th Street and Aquila Avenue . " The motion carried 6 - 0 . ( Councilman Graves was not present ) . Contract was awarded to Collins Electric Company as the lowest responsible bidder in the amount of $ 18 , 611 . 10 . NEW BUSINESS None ll . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Mrs . Earl Brown , 2909 Colorado Avenue Councilman Thiel moved to file above claim with City Clerk for proper action by the City ManZ- ger and City Attorney . The motion carried 6 - 0 . ( Councilman Graves was not present) (b ) COMMUNICATIONS FROM CITY MANAGER 1 . PROPOSED CHANGE ORDER - TENNIS COURTS - WOLFE PARK The Acting Manager informed Council that the contractor of the icejhrena pool had made an attractive offer to construct adjacent tennis courts . It was moved by Councilman Thiel , seconded by Councilman Rudy , that a change order be prepared for Council consideration. The motion carried 6 - 0 . ( Councilman Graves was not present ) . 318 Council Minutes , October 4 , 1971 ll . (b ) 3 , ASSESSMENT , SANITARY , IMPROVEMENT NO. 70 _ 30 The Acting City Manager explained that the Everts ' sisters property ( Part of Lot 13 , Block , Brookside Second Addition ) was originally assessed $ 1 , 617 , and that the City Attorne asked that this be reduced to 8 ? 5 , y had Thiel , seconded by Councilman Heltzer , to approve the suggested adjustment in assessment , Tr. : mr, ti � n carried 5 - 1 , Councilman Galinson voting nays ( Counci.l:i -aaii Graves was not present ) . (c ) YOUTH APPRECIATION WEEK The Acting City Mana ; e r said that the Optimists asked that the week of November 8 - 14 be proclaimed National Youth Appreciation Week. It was moved by Councilman Thiel , seconded by Councilman Heltzer , to authorize this proclamation . The motion carried 6 - 0 . ( Councilman Graves «vas not present ) . 12 , CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS 041 motion of Councilman Thiel , seconded by Councilman Rudy , the lists of verified claims prepared by the Director of Finance and presented to the Council dated October 4 , 1971 in the total amounts of $ 7 , 253 . 99 for payroll , and $ 99 , 831 „ 37 for vendors were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a six yea vote . � ) CONTRACT PAYMENTS 1 . Final Payment , Storm Sewer , Imp :- No . 65 - 30 . Contractor , Barbarossa and. Sons , Inc . Amount , $ 26 , 055 . 14 . RESOLUTION NO. 4376 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4376 entitled , " Resolution Accepting Work on Storm Sewer Improvement No . 65 - 30 . " The motion carried 6 - 0 . On motion of Councilman Galinson , seconded by Councilman Heltzer , the following payments on contract work presented by the City Engineer were approved , and the City Manager * City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a s 'Lx yea vote : 319 r L Council Minutes , October 4 , 1971 Municipal Service 12 . (b ) 2 . Partial Payment No . 7 , Project No . 3987 � Center , Contractor , Adolfson & Peterson , Inc . Amount , $ 54 , 829 . 9 0 . avin 3 . Partial Payment No . 4 , P , curb and gutter , and sidewalk g repair and misc . utilities , Imp . No . 71 - 05 . Contractor , C . S . McCrossan , Inc . Amount , $ !':) 4 ., 306 . 60 . 4 . Partial Payment No . 20 Imp . No . 62 - 27 , street and bridge and retaining wall construction. Contractor , Foley Brothers , Inc . and Oster & Pederson , Inc . Amount , $ 123 , 175 . 71 . 5 . Partial Payment No . E - 8 , Arena / Pool , Project No . 7004 . Contractor , Cramer Electric Service Co . , Inc . Amount , $ 8 , 521 . 29 . 6 . Partial Payment No . 3 , Imp , No . 71 - 02 , grading , base , curb and gutter and bituminous surfacing . Contractor , Minn - Kota Excavating , Inc . Amount , $ 124 , 198 . 04 , 7 . Partial Payment No . 3 , Imp . No . 71 - 01 , grading , base , curb and gutter and bituminous surfacing . Contractor , HJA Construction Co . Amount , $ 94 , 798 . 29 . 8 . Partial Payment No . 3 , Imp , Nos . 68 - 12 and 70 - 08 , grading , base concrete curb and gutter and bituminous surfacing . Contractor , C . S . McCrossan , Inc . Amount , $ 31 , 135 . 63 . 9 . Partial Payment No . 4 , grading , base , curb and gutter and bituminous surfacing , Imp . No . 71 - 04 , Contractor , HJA Construction Co . Amount , $ 89 , 511 . 53 , 13 , ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Rudy, the meeting was adjourned at 12 : 35 a . m . by a six yea vote , i rank J . J r Mayor Attest : J Alice M. Carlson , Secretary 320