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HomeMy WebLinkAbout1971/11/15 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA November 15 , 1971 1 , CALL MEETING TO ORDER A regular meeting of the City Council was called to order by President Pro Tem Thiel at 8 : 10 p , m . 2 . INVOCATION Invocation was given by Rev . Strand of the Prince of Peace Lutheran Church . I 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson James Heltze r Theodore Rudy Leonard Thiel Councilman Graves arrived at 8 : 15 and Mayor Howard at 9 : 08 , at which ` time he assumed the chair . Also present were the City Manager , City Attorney , Planning Director , Director of Public Works , Supervisor of Building and 'Zoning , Police Chief , and Secretary. 4• MINUTES On motion of Councilman Fleetham , seconded by Councilman Rudy, me minutes of special meetings held November 8 , 1971 and regular meeting held November 1 , 1971 , were approved by a six yea vote . Nir . John Bergan was present urging citizen cooperation for the benefit to be held for firemen who lost their lives in the Pizza House fire . Cub Scouts and their leaders from Dens 1 and 3 , Pack 379 , Aquila School , were present to observe a portion of the meeting . 5' PUBLIC HEARINGS None 6' pT1TIONS , REQUESTS , AND COMMUNICATIONS APPLICATION FOR RENEWAL OF INTOxICATINGR E FAUST UOR LICENSES , ON , OFF , AND SUNDAY SALES - GEO 341 Council Minutes , November 15 , 1971 6 . (a ) AND ROYAL COURT seconded by Councilman It was moved by Councilman Galithe liquor licenses for George Faust ' s Thiel , to approve the renewal of and Royal Court . The motion carried 7 - 0 . (b ) APPLICATIONS FOR TRANSFER OF STOCK - GEORGE FAUST ' S (ST . LOUIS PARK ANCHOR I1,% N ) AND ROYAL COURT It was moved by Councilman Galinson , seconded by Councilman 1971 for transfer of Thiel , to set date for hearing November k9 Anchor Inn , Inc . The stock of George Faust ' s to St . Fouls F' r was out of the chambers ) . motion carried 6 - 0 . ( Councilman Rudy It was moved by Councilman Galinson , seconded by Councilman of Heltzer , to set date for hearing November 29 , 1971 for transfer stock of Royal Court . The motion carried 5 - 0 . ( Councilman Rudy was not present and Councilman Fleetham abstained ) . (c ) NOTICE OF INTENT TO CONDUCT BINGO GAME EVERY FRIDAY NIGHT COMMENCING JANUARY 1 , 1972 BY FRANK LUN YARD ERG AMERICAN LEGION POST # 2829 5707 EXCELSIOR BOULEVARD There being no objection , the notice was ordered by the Mayor to be received for filing . 7 . RESOLUTIONS AND ORDINANCES (a ) SECOND READING OF PROPOSED ORDINANCE AMENDING SECTION 5 : 107 OF ORDINANCE NO. 1152 OF THE ST . LOUIS PARK ORDINANCE CODE. RELATING TO LOCKS IN MULTIPLE DWELLINGS BY ADDING SUBSECTION ( d ) ORDINANCE NO. 1171 It was moved by Councilman Galinson , seconded by Councilman Thiel, to waive second reading and adopt Ordinance No . 1171 entitled , " An Ordinance Amending Section 5 : 107 of Ordinance No . 1152 of the St . Louis Park Ordinance Code Relating to Locks in Multiple Dwellings by Adding Subsection (d ) . " The motion carried 7 - 0 . (b ) SECOND READING OF PROPOSED ORDINANCE AMENDING SECTION 2 : 104 ENTITLED " LICENSE FEE " , OF THE ST , LOUIS PARK ORDINANCE CODE RELATING TO AMENDING FEES FOR OFF - SALE NON - INTOXICATING MALT LIQUOR LICENSES ORDINANCE NO, 1172 It was moved by Councilman Thiel , seconded by Councilman 342 ! , Ot mcil Iviinute s , November 15 , 1971 7s (b ) Heltzer , to waive second reading and adopt Ordinance No . 1172 entitled , An Ordinance Amending Section 2 : ' 104 Entitled ' License Fee ' . of the St . Louis Park Ordinance Code , Relating to Amending Fees for Off - Sale Non . Intoxicating Malt Liquor Licenses . " The motion carried 7 - 0 . (c ) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARK ORDINANCE, RELATING TO THE SALE OF INTOXICATING LIQUOR BY ADDING SECTION 2 : 1314 , ENTITLED " LICENSING OF EMPLOYEES " It was moved by Councilman Rudy , seconded by Councilman Galinson , to reject the proposed ordinance but after discussion Councilman Galinson withdrew his second . The Police Chief explained that Bloomington has a similar ordinance and that it is considered to be a good enforcement tool . After discussion concerning changes that Council felt should be made in the proposed ordinance , Councilman Galinson moved to waive first reading and set second reading for November 29 , 1971 , with the understanding that amendments will be made by staff. Councilman Fleetham seconded and the motion carried 4 - 3 , Councilman Graves , Heltzer , and Rudy voting nay . (d ) FIRST READING OF PROPOSED ORDINANCE AMENDING ORDINANCE NO. 1153 , ENTITLED "AN ORDINANCE REGULATING THE MAINTENANCE , OCCUPANCY AND USE OF DWELLINGS , AND PREMISES IN THE CITY OF ST . LOUIS PARK TO PROTECT THE PUBLIC , HEALTH , SAFETY AND WELFARE BY ESTABLISH - ING MINIMUM STANDARDS GOVERNING BASIC EQUIPMENT AND FACILITIES , PHYSICAL CONDITION , MAINTENANCE , OCCUPANCY AND USE OF SUCH DWELLINGS , PREMISES AND STRUCTURES : PROVIDING FOR ADMINISTRt,, TION , ENFORCEMENT AND PENALTIES FOR VIOLATION THEREOF , AND REPEALING ORDINANCE NO. 1052 " BY ADDING A NEW SECTION It was moved by Councilman Galinson , seconded by Councilman nd set Rudy, to waive first reading of proposed ordinance on carried 6e- 1 , for second reading November 29 , 1971 • The mote Mayor Howard voting nay . (e ) RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT RESOLUTION NO. 4389 It' was Councilman Graves , seconded by Councilman moved by Co lution No . 4389 entitled , Thiel , to waive reading and adopt Reso 343 -- Council Minutes , November 15 , 1971 e to Rlating to Participation in the Suburban Hennepin ? ' ( ) e " The motion County Nursing District . on carried ? - 0 . f RESOLUTION AUTHORIZING PLACEMENT OF STOP SIGNS FOR TRAFFIC CONTROL AT INTERSECTIONS OF VIRGINIA AVENUE AND TEXA - TONKA AVENUE ( REQUESTED BY COUNCILMAN HELTZER ) Mr . William Schackman , 2820 Virginia Avenue , and Mr . and Mrs . James O' Brian , 2909 Virginia Avenue , spoke in favor of better traffic control for this area and urged Council action . RESOLUTION NO. 4390 It was moved by Councilman Graves , seconded by Councilman Rudy , to waivereading and adopt Resolution No . 4390 entitled , " Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersection of Texa - Tonka Avenue and Virginia Avenue . " ` The -motion carried 7 - 0 . ( This action authorized three - way stop signs at southerly intersection of Texa - Tonka Avenue and Virginia Avenue ) w AL 8 . REPORTS OF ' `OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF PLANNING COMMISSION ( CASE NO. 71 - 53 - S , P , ) UPON REQUEST OF FARMER SEED AND NURSERY COMPANY FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 122 . 6 OF THE ZONING ORDINANCE TO ALLOW OUTDOOR SALES OF HORTICULTURAL PRODUCTS AT 4631 EXCELSIOR BOULEVARD Mr . Ken Relyea of Farmer Seed and Nursery Company , Faribault , Minnesota , was present urging approval of the special permit . Councilman Fleetham moved to defer the matter until the lot is cleaned of debris . The motion failed for lack of a second . Mrs . Theresa Brown , 4624 Vallacher ; and Mr . John Folen , Vallacher Avenue ; spoke in favor of Councilt s granting the special permit as they felt it to be more desirable than some other uses that might be made of that property . Mr . Mark Rodman, 4901 West 28th Street , explained that this had been reviewed by the Planning Commission of which he is a member but that he was speaking as an individual . He felt that more than the minimum parking should be required for this use . and that the use is inconsistent with the Model Block Plan. Mrs . Bradley , 4700 Vallacher Avenue , felt that the use required much more parking space . 344 J Council Minutes , November 15 , 1971 8 . ( a ) After discussion concerning past zoning ordinance and the parking problem in the area violatilinson moved ons • to authorize staff to prepare resoluti'9 Councilman Gaon with a max ' parking spaces available and allowin irnm unumber of storage . The motion was seconded b 832 square feet of outside Councilman Fleetham moved to y Councilman Heltzer . until the area is cleaned of debris.amend no permit be issued motion accepted this amen maker of the original dm �. nt as part of his moti motion carried 6 - 0 . on. The (Mayor Howard was not present ) , (b ) REPORT OF PLANNING C01v11ViISSION ( CASE NO. 71 - 52 _ S RECOMMENDING APPROVAL OF FINAL PLAT - ) � FIRST ADDITION TARGET RESOLUTION NO, 4391 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4391 entitled , " Resolution Giving Approval for Final Plat of Target First Addition . " The motion carried 6 - 0 . ( Mayor Howard was not present ) . (c ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY UPON THE REQUEST OF TARGET STORES INC . ( CASE NO . 71 - 66 - S . P . ) FOR A SPECIAL PERMIT UNDER SECTIONS 6 : 176 , 2 AND 6 : 056 . 1 TO PERMIT A COMMERCIAL DEVELOPMENT UNIT ON TRACTS D . E , AND U , RLS NO. 1058 ( TARGET FIRST ADDITION ) (d ) REPORT OF PLANNING COMMISSION ( CASE NO, 71 - 67 - S . P , ) RECOMMENDING FAVORABLY UPON THE REQUEST OF RAUENHORST CORPORATION FOR A SPECIAL PERMIT UNDER SECTIONS 6 : 056 , 1 , 6 : 176 . 2 AND 6 : 122 . 11 FOR PROPERTY LOCATED ON LOT 4 , TARGET FIRST ADDITION TO PERMIT A BANK - OFFICE BUILDING RESOLUTION NO. 4392 It was moved by Councilman Fleetham , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4392 entitlefl , " Resolution Granting Permit Under Section 6 : 176 . 2 and Section 6 : 056 . 1 of the St . Louis Park Zoning Ordinance for a Commercial Development Unit , Target Stores , Inc . " The motion carried 6 - 00 (Mayor Howard was not present ) . (e ) REPORT OF BOARD OF ZONING APPEALCA - 70 - WITHDRAWAL APPEALS ( CASE 71 71 OF VAR . ) RECOMMENDING ACCEPTANCE OF VARIANCE REQUESTED BY S . A . D . INVESTMENTS FOR PROPERTY AT 6019 WEST 39TH STREET 345 i 1 1 Council Minutes , November 15 , 1971 , Co Gilman Galinson , . seconded by Councilrna.n 8 . (e ) It was moved . by. . 1 est to withdraw:. The motion Graves , to accept the applicants requ 0 . carried 7 - t i ; . . ? 1 7, 2 VAR ) Z. ONIN. ,G AT' PEALS ( CASE NO. 7 .. • (f ) REPORT OF BOARD OF , REC OMIVIE NDI FAVORABLYAvOR,AgI , y UPON THE REQUEST NQ OF WILLIAM Co ARIA NCE . FROM SECTION F 6 : 064 . 5 OF THE Z0�1A CORBIN F OR V E TO PERIv1I 'I' , A , �? F;AR YARD OF FIVE ORDINANCE BEET INS � EATED 'rHIRTY � FIVE FEET FOR PROPERTY LOC OF THE REQUIRED T 3 BLOCK 3 , CEDAR KNOLL MANOR FOURTH ADDITION ON LO , It was moved by Councilman Galinson , seconded by Councilman Fleetham to set date for hearing November 29 , 1971 • The motion carried 7 - 0 . ( g ) REPORT OF PLANNING CCIVI1ViISSION CONCERNING PUBLIC GHTS NEED FOR LOTS 14 AND 159 BLOCK 3 , BOULEVARD HEI. SECOND ADDITION as moved b Councilman Thiel , seconded by Councilman Rudy , It was to authorize staff to take necessary steps for sale of the property . The motion carried 7 - 0 . (h ) MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD OCTOBER 14 , 1971 There being no discussion , the minutes were ordered by the Mayor to be received for filing . (i ) MINUTES OF PLANNING COMMISSION MEETING HELD QIPTOBER 20 , 1971 There being no discussion , the -minutes were ordered by the Mayor to be received for filing . (j ) MINUTES OF BUILDING CONSTRUCTION CODES ADVISORY COMMITTEE MEETING HELD OCTOBER 26 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (k ) MINUTES OF BOARD OF ZONING APPEALS MEETING HILLD OCTOBER 28 , 1971 Upon hearing no objection , the minutes were ordered by the Mayor to be received for filing . 346 council Minutes , November 15 , 1971 8 . (1 ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD OCTOBER 20 , 1971 Upon hearing no discussion , the minutes were orderedby the Ma or to be received for filing , Y (m ) MINUTES OF PLANNING C01VIMISSION MEETING HELD NOVEMBER 3 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . i 9 . UNFINISHED BUSINESS ( a ) RIDGWAY SPECIAL PERMIT RESOLUTION ( DEFERRED FROM NOVEMBER 1 , 1971 ) Mr . William Rosen , Attorney , was present representing Mr . Robert Ridgway He indicated that he was not aware of a problem with compliance with special permit granted by Resolution Nos , 4382 , 3699 and 2896 . The City Manager indicated that the permittee had been notified at various times of the conditions of non - compliance . Councilman Fleetham moved to waive reading and adopt resolution establishing a specific time for meeting said conditions . His motion failed for lack of a second . It was decided by Council that the City Attorney and Mr . Rosen should communicate concerning the easement for the pedestrian walkway and other conditions of the special permit which have not been met (b ) APPOINTMENTS TO ENVIRC- NMENTAL IMPROVEMENT COMMISSION AND NATURE INTERPRETIVE CENTER CO MISSION It was moved by Councilman Galinson , seconded by Councilman Heltzer , to appoint Bunny Novick , Reva Haining , Lowell Canfield , George Haun , Delores Jacobson , Margaret Kurzeka , and Dr . Robert Ramsey to the Nature Interpretive Center Commission . The motion carried 7 - 0 . Mayor appointed Mir . Kirshbaun temporary chairman y Howard Bunny Novick temporary secretary until the committee is Councilman Galinson moved that Njrs . Rose - Diary Griak be a sentative on this commission and the school Ppointed council repre r l 34 �--,` Council Minutes , November 15 , 1971 9 . b ) board be invited to appoint a member to the committee . Councilman ( Thiel seconded and the motion carried 7 - 0 . Councilman Galinson suggested that Mrs . Paul Dyste and Mr . William Eddy be invitted to participate as ex - offs 1 members . RESOLUTION NOc. 4393 It was moved by Councilman rj.' hiel , seconded by Councilman entitled Galinson , to waive reading and adopt Resolution No . 439 " Resolution Amending Resolution No . 4349 Establishing an Environmental Improvement Commission and Defining Duties and Responsibilities Thereof by Amending Subdivision 6 . " The motion carried 6 - 1 , Councilman Heltzer voting nay . Councilman Galinson moved to appoint Curtis Miller and Alan Liljekrans to the Environmental Improvement Commission . Councilman Heltzer seconded and the motion carried 7 - 0 . 10 . NEW BUSINESS ( a ) APPOINTMENTS TO PLANNING COMMISSION ( RESIGNATION OF ED BAKER AND ROBERT W OLFE ) Councilman Heltzer moved to appoint Bernard Herman to fill the unexpired term of Ed Baker ( expires December 31 , 1973) Councilman Galinson seconded and the motion carried 5 - 2 , Councilman Fleetharn and Mayor Howard voting nay . Councilman Galinson moved that Theodore Rudy be appointed to replace Robert Wolfe for a full term to begin January 6 , 1972 . Councilman Heltzer seconded and the motion carried 7 - 0 . (b ) ACCEPTANCE OF DEED - 3E TH STREET EXTENSION - FROM ROBERT ARTER - LOT 15 , BLOCK 4 , 1VIINIKAHDA VISTA 2ND ADDITION It was moved by Councilman Galinson , seconded by Councilman Graves , to accept deed and authorize City Clerk to file same f •or record . The motion carried 7 - 0 . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Frank J . Howard , 4345 Brook Avenue 2 . David W . Woodward , 2911 Wyoming Avenue 3 . Jack S . Schleisman , 4512 Zenith Avenue S . , Minneapolis 348 Council Meeting , November 15 , 1971 11 (a ) 4 . Mrs . Paul A . Bell , 4350 Brookside S . Fridge Golden , 2600 Toledo AVenue Court , Nlinneapolis Councilman Galinson moved to file Clerk for proper action by the Cit erns with the City Councilman Fleetha�n. seconded and the a)- Ild CiLy � '_� ` " ' •• Qv , e motion carried 7 - 0 • (b ) COMMUNICATIONS FROM CITY MANAGER 1 . Radio Alerting Systen! - '?'he City -Manager explained that th City took bids for fire ant police averting system and received e only one bid . He recomr_-lended that the bid be rejected and readvertised . Cour_cilmail Galinsoz moved to reject bids and readvertise . Councili_Zan Rudy seconded and the motion carried 7 - 0 . 2 . Site for Sanitary Sewer Lift Station - North 25 feet , Lot 1 , Block 3 , Manhattan Park Deed - It was moved by Councilman Fleetham , seconded by Councilman Gal. }. nson ; to arnP � f dA �d and authorize City Clerk to file sc-une for record . 3 . Change Order - Lights Along Ramp - Ice Arena / Pool AL. It was moved by Councilman Galinson , seconded by Councilman Fleetham , to authorize City Manager to execute change order in amount of $ 2 , 695 . The motion carried 7 - 0 . 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Couiicilm. an 1-1.; 1 :. z : r , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated November 15 , 1971 in the total amuunts of $ 2 , 783 . 96 for F .yroll , and $ 3219 030 . 44 for vendors were approved , and the Ci Manager , City Clerk , and City Treasursr were authorized to issue checks covering same by a seven yea vote . (b ) PARTIAL PAYMENTS 1 . Partial Payment No . 4 , Imp . No . 71 - 01 , Grading , Base , Concrete Curb and Gutter , and Bituminous Surfacing. Contractors H. J . A . Construction Go . Amount , $ 147 , 189 . 87 ' . Nos . 68 - 12 and 70 - 08 , Grading , Z . Partial Payment No . 4 , Imp . Base , Concrete Curb and Gutter and Bituminous Sur73: 0 • Contractor , C . S . McCrossan , Inco Amounts $ 12 , 9 62 _ 2 ? , Street , Bridge and 3 . Partial Payment No . 3 , Imp • No . 349 Council Minutes , November 15 , 1971 12 . (b ) 3 . Retaining Wall Construction . Contractor , Foley Bros . , Inc . & Oster & Pederson , Inc . Amount , $ 207 , 842 . 58 . 4 . Partial Payment No . 8 , Project No . 3987 , Municipal Service Center , Contractor , Adolfson & Peterson , Inc . Amount , $ 92 , 957 . 38 . 5 . Partial Payment No . 1 , Stwte Contract No . 56476 , Utility Relocations . Contractor , Stade of Iviinnesota . Amount , $ 25 , 000 . It was moved by Councilman Heltzer , seconded by Councilman Graves , to approve and authorize the above for payment. The motion carried 7 - 0 . 6 . Final Payment , Imp . Nos . 70 - 52 and 71 - 12 , chain link fencing . Contractor , Sears , Roebuck & Company . Amount , $ 9 ,96469 26 . RESOLUTION NO. 4394 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4394 entitled , " Resolution Accepting Work on Construction of Chain Link Fencing Improvement Nos . 70 - 52 and 71 - 12 . " The motion carried 7 - 0 . 7 . Final Payment , Imp , Nos . 65 - 17B , 69 .. 17 , 70 - 019 70 - 1209 70 - 202 70 - 22 , 70 - 27 , 70 - 31 , 70 - 02 ( Part ) , and 70 - 45 , paving , curb and gutter , sidewalk , water main and miscellaneous improve - ments . Contractor , Dycon Corporation . Amount , $ 1691 957 . 05 , RESOLUTION NO . 4395 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4395 entitled , " Resolution Accepting Work c_ n Paving , Curb , and Gutter , Sidewalk , Water Main and Miscellaneous Improvements , Imp , Nos , 65 - 17B , 69 - 179 70 - 01 , 70 - 12 , 70 - 20 ; 70 - 221 70 - 27 , 70 - 31 , 70 - 02 ( Part ) and 70 - 45 . " The motion carried 7 - 0 , 8 . Partial Payment No , 10 , Imp , No . 7004 , Ice Arena / Pool . Contractor , Cramer Electric Servo Co . Amount , $ 13 , 221 , 83 . 9 . Partial Payment No , 1 , Imp , No . 71 - 14 , asphalt paving , concrete curb and gutter and miscellaneous utility work . Contractor , C . S • McCrossan , Inc . Amount , $ 103 , 168 , 67 . 10 . Partial Payment No . 5 , Imp , No . 71 - 04 , grading , base , concrete curb and gutter and bituminous surfacing . Contractor , H . J . A . Construction Company . Amount , $ 37 , 454 , 46 , 350 council Minutes , November 15 , 1971 12 (b ) 11 . Partial Payment No . 4 , Imp . IVo . 71 - 02 * concrete curb and utter and bit 02 ' grading , base , g ominous surfaci Minn - Kota Excavating , Inc . Amnount g• Contractor , $ 132 , 757 . 29 . 12 . Partial Payment No . 12 , Project No ., 70040 Ice Arena Contractor , Henry O. Mikkelson Co . / Pool . Amount , $ 129 , 657 . 60 . It was moved b Co - y Councilman l seltzer , seconded by Councilman Graves , to approve and authorize payment . The motion carried 7 - 0 . 13 , ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Heltzer , the meeting was adjourned at 10 : 45 P . M . by a seven yea vote . i J Leon, d J . Thiel , P s . Pro Tem J Irank J. o rfY; ayor � 1 Attest : Alice M. Carlson , Secretary 351