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HomeMy WebLinkAbout1971/12/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA December 6 , 1971 1 , CALL TO ORDER A regular meeting; of the City Council was called to order by Mayor Howard at 8 : 12 p . m . 2 , INVOCATION There being no one present from the Ministerial Association , no invocation was given . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltze r Theodore Rudy Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Supervisor of Building and Zoning , Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman Thiel , seconded by Councilman Fleetham , the minutes of the special meetings held November ber 9,1 1971 , November G9 , 1971 and regular meeting held November were approved by a seven yea vote . 5 . PUBLIC HEARINGS None COMMUNICATIONS 6 . PETITIONS , REQUESTS , AND None ? • RESOLUTIONS AND ORDINANCES G ACTION BY THE STATE HIT WEST AY (a ) RESOLUTION REgUESTROV� TRA FFIC ON T . H • 100 A DEPARTMENT TO IMP 365 1 Council Minutes , December 6 , 1971 7 . ( a ) 16TH STREET RESOI., UTION NO. 4404 It was moved by Councilman Rudy , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4404 entitled , " Resolution Requesting Action by the State Highway Department to Improve Traffic Conditions and Safet - on T . H . 100 at West 16th Street . " The motion carried 7 - 0 . (b ) FIRST READING OF PROPOSED ORDINANCE AMENDING CHAPTER 5 OF THE ST . LOUIS PARI{ ORDINANCE CODE BY ADDING SECTION 5 : 2305 RELATING TO CERTIFICATE OF OCCUPANCY Mr . Sam Segal , member of the Building Construction Codes Advisory Commission , explained that he had voted in opposition to the ordinance as drafted because he thought it would place a burden on the low income buyer . Mr . Ken Born , Resop Realty , spoke in favor of the ordinance but preferred to have the burden of proof of code compliance on the seller , Mr . Richard Brooks , Supervisor or Zoning and Inspection , said he felt that the ordinance is a good enforcement tool . After discussion concerning the legality of making the buyer or seller responsible , Councilman Thiel moved to send the matter back to staff and legal counsel to prepare a report . Councilman Galinson seconded and the motion carried 6 - 0 . ( Councilman Heltzer was out of the chambers ) , 8 . REPORTS OF OFFICERS , BOAEDS , AND COMMITTEES ( a ) REPORT OF PLANNING COMMISSION RECOMMENDING UNFAVORABLY UPON THE REQUEST OF THE CHICAGO , MILWAUKEE , ST . PAUL AND PACIFIC RAILROAD COMPANY ' TO CHANGE THE ZONING FROM R - 3 TO I - 1 FOR THE PROPERTY ON AND SOUTH OF EAST OXFORD STREET , THE NEW THOROUGH - FARE AT THE NOR 'T' H END OF BASS LAKE It was moved by Councilman Graves , seconded by Councilman GalnnsonQ t© set hearing for January 3 , 1971 . The motion carried 6 - 0 , QCouncilman Haltzer was out of the chambers ) ,e 366 Council Minutes , Dec exnbe r 6 , 19 "71 8 , (b ) REPORT OF PLANNING COMMISSION RECOMMENDING FAVORABLY WITH CONDITIONS UPON THE REQUEST OF UNION OIL COMPANY FOR SPECIAL, PERMIT UNDER SECTIONS 6 : 122 . 6 AND 6 : 122 , 15 TO A -ULGW CAR 01ASH AND MOTOR FUEL STATION ON LOT 1 , BLOCK 1 , PUP-E ' S KNOLLWOOD ADDITION ( CAST NO. 71 - 58 - S , P . ) Mr , 1lerald M , T i -ae , attorney , 1006 Soo Line Building , represented Unior. Oil ronlp1n; • . He dip yed a rendering of the structure and both he and Mir . Ru. ssell Gr. . rrine , 40 So � - th Tenth Street , answered questions posed b %r ` ouncil . Councilman Graves movn .: t :) • waive reading and adopt resolution granting spec al Perm' , -.viwh zon.&.*? o :.is , Councilman Rudy seconded the motion. Mr . Mike Christian. , Target Stor.- es , said that the installation will be detrimental to t 'ze traffic flow leaving the Knolzwood Target Store . After discussion concerning possible run - off into Minnehaha Creek, traffic congestions and the pyope sed ordinance concerning car washes , Councilman Graves withdrew his motion and moved that the matter be deferred until the Planning Commission has made j its recommendation on �4 .he car wash ordinance . Councilman Heltzer seconde -3 and the motion carried 5 - 2 , Councilman Fleetham and Mayor Howard voting nay , ( c ) MONTHLY FINANCIAL REPOR '" - OCTOBER 1971 There being no discussions the report was ordered by the Mayor to be received for filing , 9 . UNFINISHED BUSINESS ( a ) P•.EQUEST OF FARMER SEED AND NURSERY COMPANY FOR SPECIAL PEPJViiT ( CASE NO, 71 - 53 - S , P , ) FOR OUTDOOR SALES OF HORTICULT TJPAy PRODUCTS ( DEFERRED FROM NOVEMBER 15 , 1971 ) After discussion concerning their not living up to an agreement to conform to present ordinances , Councilman Rudy moved to table . j Councilman Heltzer seconded and the motion carried 7 0 , - i TRAFFIC CONTROLLER - AQUILA (b ) ACCEPTANCE OF EASEMENT - - PART OF LOT 7 , BLOCK 1 , AVENUE AND WEST 36TH STREET KNOLLW OOD TERRACE It by Councilman Graves , seconded by Councilman was moved 367 " J Council Minutes , December 6 , 1971 9 . ( b ) Thiel , to accept deed and order same to be filed by the City Clerk for record . The motion carried 7 - 0 . . ( c ) ACCEPTANCE OF ICE SYSTEM - ICE ARENA It was moved by Councilman Thiel , seconded by Councilman Heltzer to accept and approve payment . After discussion , Councilman Thiel withdrew his motion and Councilman Graves moved to table . Councilman Rudy seconded and the motion carried 7 - 0 . 10 . NEW BUSINESS ( a ) BIDS FOR VENDING MACHINE CONCESSIONS It was moved by Councilman Fleetham , seconded by Councilman Thiel , to award to Viking Enterprises . The motion carried 7 - 0 . (b ) PROPERTY ACQUISITION - 3704 COLORADO AVENUE It was moved by Councilman Fleetham , seconded by Councilman Graves , to authorize the City Manager to initiate negotiations for acquisition of this property . The motion carried 7 - 0 . ( c ) APPOINTMENT TO HUMAN RIGHTS COMMISSION - RESIGNATION OF MRS . HY BR.ANDWEIN Councilman Heltzer moved to appoint J . N . Hove to fill the unexpired term of Mrs . Hy Brandwein . The motion was seconded by Councilman Graves , Councilman Thiel indicated that information had come from the Chairman of the Human Rigl is Commission suggesting that reducing the number of members should be considered due to lack of interest and attendance . He suggested that Council discuss this matter with the Chairman of the Commission before filling any vacancies on the Commission . Councilman Heltzer indicated he had no objection to this suggestion and moved to defer until Council had a conversa - tion with the Chairman . Councilman Graves seconded and the motion carried 7 - 0 . ( d ) TABULATION OF BIDS - ENGINE ANALYZER It was moved by Councilman Thiel , seconded by Councilman Rudy, to designate Tire Equipment Sales as the lowest responsible bidder in the amount of $ 1 , 777 . 25 . The motion carried 7 - 0 . 368 Council Minates : Decc- n 'oar 6 , 10 . ( e ) REAPPOINTMENT TO POLICE CIVIL, SEp% vICE COMMISSION Mayor Howard asked for the confirmation of his appoint of Mr . Robert Wheelock to another ful.'� term on the Poice nt Civil ServiceCommission to expire October 1 , 1974 . It was moved by Councilman "' niel , seco :tded by Councilman Fleetham , to confirm the reappointment . The motion carried 4 - 3 . Councilmen Galinson , Graves ; and Helt ; er voting nay . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Mr . & Mrs . E , H . Sath rum , 4841 West 40th Lane 2 . Gertrude Groenwald , 7008 Minnetonka Boulevard 3 . Anthony J . Daub , 3055 Flcrsda Avenue It was moved by Councilman Thiel , seconded by Councilman Galinson , to file above claims with the City Clerk for proper action by the City Manager and City Attorney . The motion carried 7 - 0 . (b ) SALE OF PARK LAND - FRANCE AND CEDAR LAKE AVENUE The City Manager explained that the City of Minneapolis is attempting to sell property in this area and that the City Attorney has requested that St , Louis Park be given an opportunity to acquire this property for open space / park land . Mrs . Charlotte Janes , 2668 Glenhurst Avenue , expressed concern for the preservation of this property as open space . RESOLUTION NO. 4406 It was moved by Councilman Fleetham , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4406 entitled , " Resolution Urging lviir_neapol _ s Park Board to Preserve Open Space Land at Cedar. Lake Avenue and France Avenue . If The motion carried 7 - Uo Counciinian Galinson requested that a sent ;.o each of the elected members copy of this resolution be of the Minneapolis Park Bearer. ( c ) PUBLIC HEARING - HIGpIW A Y 18 C OR4 DOR RESOLUTION Nv 4 seconded by Councilman It was moved by Coun Ln an 4407 entitled Galinson , to waive reacting and ad aeon of a Corr dResolution or for CSA Hwy. 18 " Res.olution Supporf ' "' rjeslg_ and Mtka � Blvd , " Motion carried ? - 0 , Between Crosstown Hwy . ( d MEDICAL INSURANCE - I� was mo `ied by Councilman Galinson , that the City join the County plan , seconded by Councilman T �liPl. ; 369 - Council Minutes , December 6 , 1971 11 . ( d ) as recommended by the Council Insurance Committee . The motion carried 7 - 0 . 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Fl ( atham , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated December 6 , 1971 in the total (amended amounts of $ 8 , 606 . 77 for payroll , andfor vendor s ( 294 , 002 . 45 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 PAYMENTS 1 . Final Payment , Base , Concrete Curb and Gutter , and Bituminous Surfacing , Improvement No ,, 71 - 04 , Contractor , H J A Construction Co . Amount , $ 28 , 625 , 45 . RESOLUTION NO, 4405 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4405 entitled , " Resolution Accepting Work on Grading , Base , Concrete Curb and Gutter , and Bituminous Surfacing Improvement No . 71 - 04 . " The motion carried 7 - 0 . 2 . Partial Payment No . 11 , Ice Arena and Pool . Contractor , Axel Newman Heating and Plumbing Company . Amount , $ 1 , 857 . 74 . 3 . Partial Payment No . 5 , Concrete Base , Concrete Curb and Gutter and Bituminous Surfacing , Improvement No . 71 - 02 . Contractor , Minn - Kota Excoa rating Inc , Amouat , $ 65 , 421 . 49 . 4 . Partial Payment No . 9 , Municipal Service Center , Contractor , Adolf son & Peterson Inc . Amount , $ 21 , 894 . 60 . 5 . Partial Payment No . 3 , Grading , Base , Asphalt Pavement , Concrete Curb and Gutter , Sidewalk ; Storm Sewer and Appurtenances ) Improvement Nos , 69 - 25 , 71 - 03 , and 71 - 10 . Contractor , H. J . A . Construction Co . Amount , $ 10 , 928 . 83 , 6 . Partial Payment No . 5 , Grading , Base , Curb and Gutter and Bituminous Surfacing , Improvement No . 71 - 01 . Contractor , H. J . A . Construction Co . Amount , $ 105 , 260 , 06 . 370 � Y.•>-. a.ris:_T2'swL-1 ' . - or w�?MY� >�j� Council Minutes , December 6 , 1971 12 . ( b ) On motion of Councilman Galinson , seconded by Councilman Graves , the foregoing listed 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 seven yea vote . 13 . ADJOURNMENT On motion of Councilman Thiel , seconded by Councilman Graves , the meeting was adjourned at 9 : 50 p . m . by a seven yea vote . Prank J . H d , Mayor Attest : (2, N 6LJ" Alice M. Carlson , Secretary 371