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Home My WebLink About1971/02/01 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MAINNESOTA February 1 , 1971 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 05 p . m . 2 . INVOCATION Invocation was given by Rev . Paul Obenauf of the Wooddale Lutheran Church . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , and Secretary. Councilman Richard Graves arrived at 8 : 10 p . m . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Reynolds , the minutes of the regular meeting held January 18 , 1971 , were approved by a six yea vote . 5 . PUBLIC HEARINGS (a ) APPLICATION FOR LICENSE TO SELL NON - INTOXICATING NiALT LIQUOR OFF- SALE AT PIZZA HOUSE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JANUARY 21 , 1971 Mayor Howard opened the hearing . Mr . Tom Thielges , president at Pizza House , was present to answer questions . Councilman Reynolds asked the applicant if he was aware of the laws as pertaining to sale to minors . Mr . Thielges assured him that he was . 23 Council 1winutes , February 1 , 1971 to speak on this matter , else present wishing sed . 5 , ( a ) There being no one the hearing Mayor 1-=oward declared man 14eltzer , seconded by Councilman It was moved by Gouncil ' Fleetham , to approve issuance of the license . The motion carried ., 70 - 47 , ALLE Y PAVING FROM WEST 27TH (b ) IMPROVEMENT NO. STREET TO WEST 28TH STREET BETWL% KENTUCKY AVENUE AND JERSE Y AVENUE , AS DESCRIBED IN NOTICE] OF HEARING PUBLISHED JANUARY 21 AND JANUARY 28 , 197 Mayor .Howard opened the hearing . ky Avenue , and Mrs . H 2729 Kentucky Ni . Mr . Ronald Durkin , oke in opposition to the improve - Urseth , 2757 Kentucky Avenue , spoke ment . Councilman Thiel indicated that he had a number of phone calls from people favoring the alley paving . Mrs . George Chilson , 2741 Kentucky Avenue , spoke in favor of the improvement . There being no one else present wishing to speak , Mayor Howard declared the hearing closed . RESOLUTION NO. 4136 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4136 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70 - 47 . " The motion carried 7 - 0 . 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS (a ) APPLICATION OF CAPITAL VIDEO CORPORATION TO INSTALL AND OPERATE A CO1V MUNIT Y ANTENNA SERVICE Councilman Galinson moved to table this matter . Councilman Graves seconded and the motion carried unanimously . (b ) APPLICATIONS FOR RE, NEWAL OF NON - INTOXICATING MALT LIQUOR LICENSES , ON AND OFF SALE Councilman Reynolds moved to approve issuance of the following licenses for 1971 : 24 Council lv.. inutes , February 1 , 1971 6 . (b ) Non - intoxicating Off Sale : Boulevard Delicatessen , 7204 IvAnnetonka Boulevard ; Country Boy Dairy , 6940 lvLeadowbr. 00k Boulevard ; Milt ' s Market , 4000 Minnetonka Boulevard ; Shopper ' s City . Grocery Dept . , 3600 Highway No . 100 ; Two Chefs , 6011 Excelsior Boulevard ; and PDQ Food Stores of Minnesota , Inc / , 4611 Excelsior Boulevard . Non - intoxicating On Sale : The Pizza rut of St . Louis mark , 5800 Excelsior Boulevard . Councilman Heltzer seconded and the motion carried unanimously . ( c ) COMMUNICATION FROM RICE DIVISION , NUS CORPORATION ; CONCERNING ADDITIONAL COST FOR PROFESSIONAL SERVIC :TS It was moved by Councilman Galinson , seconded by Councilman Graves , to authorize payment of $ 640 . 72 . The motion carried 7 - 0 . ( d ) REQUEST OF CLIFF FRASIZR , SHELARD PARK DEVELOPMENT , TO ADDRESS COUNCIL Ivir . Cliff Fraser , Shelard Development , requested that the Council consider a special permit for service station in Shelard Park which was tabled by the Planning Commission , Councilman Galinson moved that the request be brought to Council on the next agenda . Councilman Thiel seconded and the motion carried 7 - 0 . 7 . RESOLUTIONS AND ORDINANCES ( a ) SECOND RE4 ADING OF PROPOSED ORDINANCE REGULATING PLUMBING AND GAS PIPING ADOPTING BY REFERENCE THE MINNESOTA PLUMBING CODE AND REPEALING ORDINANCE NO . 1053 ENTITLED "AN ORDINANCE REGULATING PLUMBING AND GAS PIPING; ADOPTING BY REFERENCE ORDINANCE CODES RELATING THERETO. It ORDINANCE NO , 1135 It was moved by Councilman Graves , seconded by Councilman Galinson , to waive second reading and adopt Ordinance No . 1135 entitled , " An Ordinance Regulating Plumbing and Gas Piping Adopting by Reference the Minnesota Plumbing Code and Repealing; Ordinance 1053 Entitled ' An Ordinance Regulating Plumbing and Gas Piping , Adopting by Reference Ordinance Codes Relating Thereto . " The motion carried 7 - 0 . 25 Council Minutes , February 1 , 1971 OF PROPOSED ORDINANCE AUTHORIZING 7 . (b ) SECOND aEADINC :-� OF FUNDS AND pi� OVIDING APPROPRIATIONS EIV1B IONS THE T RA NS FE 115 FOR SALARY A DJUSTMENTS 1' OR YEAl� ENDING I?E R 31 , 1971 ORDINANCE' NO. 1136 ilman Craves , seconded by Councilman It was moved by Counc Galinson , to waive second reading and adopt Ordinance No1136 s an entitled , " An Ordinance Authorizing the Transfers of r Ending Providing Appropriations for Salary Adjustments for Year g December 31 , 1971 . " The motion carried 7 - 0 . (c ) RESOLUTION EXTENDING SYlv,, PATHY TO THE FAMILY OF RICHARD V . BLACKBURN R ,ZSOLUTION NO . 4137 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4137 entitled , " Resolution Extending Sympathy to the Family of Richard V . Blackburn . " The motion carried unanimously . (d ) RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENT OF JUNCTION OF HIGHWAY 100 AND MINNETONKA BOULEVARD �� ESOLUTION NO . 4138 It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4138 entitled , " Resolution Approving Plans and Specifications (S . P . 2735 - 107 ) Highway 100 and Minnetonka Boulevard Tree Planting . " The motion carried 7 - 0 . ( e ) RESOLUTION REQUESTING FINANCIAL PARTICIPATION OF STATE HIGHWAY DEPARTIviENT IN SHELARD PARK STORM SEWATEER IIVIPR OVFNi:, NT RESOLUTION NO , 4139 It was moved by Councilman Thiel , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4139 entitled , " Resolution Requesting Minnesota Department of Highways Participation in Cost of Constructing Storm Sewer 70 - 06 Shelard Park Storm Sewer Area . it The motion carried 7 - 0 26 Council Minutes , February 1 , 1971 7 . (f ) RESOLUTION AUTHORIZING REQUEST FOR TECHNICAL AND ENGINEERING SERVICES FROM STATE HIGFIWAY DEPARTMENT RESOLUTION NO . 4140 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4140 entitled , " Resolution Authorizing Request for Engineering and Technical Services from State Highway Department for 1971 . The motion carried 7 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND CO1V MITTEES ( a ) REPORT OF CITY MANAGER RELATIVE TO SNOWMOBILING IN TWIN LAKES AREA The City Is./tanager explained that a petition had been submitted signed by twenty - two persons in the immediate vicinity of Twin Lakes asking that this area be designated for snowmobiling . He said that this had been previously studied by the Parks and Recreation Commission and they were opposed to it because it immediately abuts a residential area , has much wildlife and that the backwater from the iron removal plant goes into this lake and causes some undermining of the ice . IVir . Eugene Pikovsky , 4300 West 25th Street , spoke as one of the signers of the petition urging the designation of Twin Lakes for snowmobiling . It was his feeling that if there were an annual permit fee of fifteen dollars , raising the fee for non - residents , it would discourage people who did not live in the immediate area . Mr . John Northcott , 4510 Cedarwood Road , president of the Lake Forest Association, spoke against the snowmobiling in the area . He was opposed for reasons outlined by the City Manager and felt it might be illegal to restrict the use to a certain group of residents of the community . Comments he had received from many property owners in the area , all opposed * the use of snowmobiles in the area . Mr . James Schwebel , 4330 Cedarwood Road , also spoke in opposition to the snowmobiling . Mr . Chester Sears , 4630 Cedarwood Road , said he has lived in the area for twelve years and has enjoyed the type of living he had experienced here . He felt it would be difficult to control snowmobiling and would be most undesirable . 27 Council Minutes , February 1 , 1971 nest for permission to snow " Be ( a ) Councilman Thiel moved that the rCouncilman Galinson seconded and mobile on Twin Lakes be dense the motion carried 7 - 0 • ATION OF VEN r (b ) Rr, CO1vI1v�1; ND PLANNING COIvilvLISSICN TO DENY TO VACATE DAKOTA U�. THE PETITION ( CASE NG . ? 0 - 72 - VAC . ) ,, OXFORD AVENUE AND THE MN &S BETWEEN THE SOUTH LINE OF RAILROAD. Since the applicant asked that the case be withdrawn , Mayor Howard ordered it filed . ( c ) REPORT OF LIQUOR STORE VIOLATION Councilman Reynolds moved to set hearing for liquor violation or Al ' s Liquor Store March 1 , 1971 at 6 : 30 p . m . Councilman nson seconded and the motion carried 7 - 0 . ( d ) REPORT OF CITY ATTORNEY REGARDING EXPANSION OF DUTUES , BOARD OF ZONING APPEALS Since no action was taken , the report was ordered by the Mayor to be received for filing . ( e ) MINUTES OF HUNLAN RIGHTS CON MISSION MEETINGS HELD JANUARY 5 AND JANUARY 20 , 1971 Upon hearing no objection , the minutes were ordered by the Mayor to be received for filing . (f ) MINUTES OF PARKS AND RECREATION ADVISORY ColviMISSION MEETING HELD JANUARY 13 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( g ) MINUTES OF PLANNING COMMISSION MEETING HELD JANUARY 20 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( h ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD JANUARY 12 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . 28 Council Minutes , February 1 , 1971 8 . ( i ) MINUTES OF BUILDING CONSTRUCTION CODES ADVISORY COMMITTEE MEETING HELD JANUARY 12 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (j ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH#.1ESPECT TO IMP , NO, 70 - 449 ALLEY PAVING , FROIVi WEST 31ST STREET TO WEST 3ZND STREET BETWEEN JERSEY AVENUE AND IDAHO AVENUE RESOLUTION NO , 4141 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4141 entitled , " Resolution Calling Public Hearing on Improvement No . 70 - 44 . " The motion carried 7 - 0 . ( Hearing set for February 16 , 1971 ) . (k ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO I1ViP . NO . 70 -51 ALLEY PAVING T - ALLEY BZTWEEN XENWOOD AVENUE AND YOSEMITE AVENUE FROM WEST LAKE STREET TO WEST 33RD STREET RESOLUTION NO , 4142 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4142 entitled , " Resolution Calling Public Hearing on Improvement No . 70 - 51 . " The motion carried 7 - 0 . ( Hearing was set for February 16 , 1971 ) . (1 ) QUARTERLY REPORT OF ACTIVITIES - FOURTH QUARTER 1970 Upon hearing no discussion , the Mayor ordered the report to be received for filing . (m ) REPORT OF CITY 1 ANACER CONCERNING LEASE PURCHASE AGREEIViE NT FOR ICE ARENA It was moved by Councilman Thiel , seconded by Councilman Reynolds , to authorize Mayor and City Manager to execute . The motion carried 7 - 0 . 9 . UNFINISHED BUSINESS ( a ) CONDEMNATION AWARD - CTTF. N PROPERT Y 29 Council Minutes , February ly 1971 moved to accept and authorize payment of 9 . ( a ) Councilman Graves Galinson seconded and the motion carried $ 54 , 500 , Councilman 7 - 0 . (b ) CONSIDERATION OF PROPOSAL - HUMAN RIGHTS CONSULTANT Ivir , James Samples , Chairman of the Human Rights Commission . • he rnrniSSion would be Gene Ye indicated t preference of the Go Sylvester . Councilman Fleetham moved that the proposal of Gene Sylvester be approved and his retention authorized . Councilman Graves seconded and the motion carried 7 - 0 . (c ) CITIZEN REPRESENTATIVE TO COI IMUNIT Y 'EDUCATION ADVISORY COMMITTEE Councilman Thiel moved to appoint lugs . Howard Segal . Council - man Heltzer seconded and the motion carried unanimously . ( d ) TRAFFIC STUD Y NO. 8 - HILLSBORO AVENUE BETWEEN WEST 14TH STREET AND FRANKLIN AVENUE ( DEFERRED FROM DECEMBER 14 , 1970 AND JANUARY 4 , 1971 ) , Mr . Dick Dobrovolny , 1445 Elillsboro , and Mrs . James Moffet , 1455 Hillsboro , were present requesting stop signs as a relief to the traffic problem in the area . RESOLUTION NO , 4143 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4143 entitled , " Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersections of Hillsboro Avenue and 16th Street and Hillsboro Avenue and Independence Avenue . " The motion carried 5 - 21 Councilmen Fleetham and Thiel voting nay . 10 . NEW BUSINESS ( a ) AWARD OF BIDS - P �' YGROUND EQUIPMENT Councilman Galinson moved to designate Game Time , Inc . and Iviiracle Equipment in respective amounts of $ 6 , 169 . 00 and $ 59 854 . 73 and authorize purchase . Councilman tZe nolds seconded and the motion carried unanimously . y (b ) PROPOSED CHANGE OR Dr, RS 30 Council Minutes , February 1 , 1971 ' 10 . (b ) 1 . Change Order No , lw� 1 , Axel Newman Heating & Plumbing Co . , .Deduct $ 172 . 00 . 2 . Change Order No . Ivl - 2 , Axel Newman Heating & Plumbing Co . , Add $ 20 , 2009 00 . 3 . Change Crder No . M - 3 , Axel Newman Heating & Plumbing Co . , Deduct $ 112 , 000 . 00 . 4 . Change Order No . E. 1 , Cramer Electric , Deduct $ 1 , 765 . 25 5 . Change Order No . G - 2 , Henry O . Mikkelson Company. Add $45 , 970 . 00 . Councilman Reynolds moved to approve the proposed change orders and authorize the City Manager to execute . Councilman Graves seconded and the motion carried 7 - 0 . ( c ) EMPLOYEE APPOINTMENT - CLERK III DISPATCHER Councilman Galinson moved to consent and approve the appointment of Robert Pihaly as Clerk III Dispatcher . Councilman Graves seconded and the motion carried 7 - 0 . ( d ) CONSULTANT - NATURE INTERPRETIVE CENTER Councilman Reynolds suggested that Mr . Chris Nelson of the East Bay Regional Park District , Oakland , California , be invited to meet with the Council , Planning Commission , Parks and Recreation Commission and Citizens Advisory Commission to assist in the planning of the Nature Interpretive Center . 11 . MISCELLANEOUS ( a ) COMMUNITY EDUCATION PROGRAM ; POSITION OF PROGRAM COORDINATOR Councilman Galinson moved to refer this matter to the Lighted ` School Advisory Committee for their recommendation to be brought back to Council February 16 , 1971 . Councilman Graves seconded and the motion carried unanimously . (b ) DAMAGE CLAIMS 1 . Max Nadler , 3105 Dakota Avenue Councilman Reynolds moved to file claim with the City Clerk for proper action by City Manager and City Attorney . Councilman 31 Council Minutes , February 1 , 1971 motion ously . carried unanim seconded and the Graves seconi 11 . (b ) - TERN STATES pOVI R C 0Iv1PANY ( c ) IviEE TING VdITh NOR TI-i that Council meet with Northern Councilman Meltzer moved February 8 , 1971 . Council . 00 P • m • ' S tates Power Company at 7 : seconded and the motion carried ? - man Graves se � (d ) POLICE POSITIONS Galinson moved that the Police Civil Service ivinans for new Councilman in examtoi Commission be directed to withhola iattional study have been positions until the results of the oyd g z ilman Graves seconded and the motion given to the Council . Counc carried 6 - 1 , Councilman r leetham voting nay . ( e ) EXTENSION OF INDUSTRIAL ROAD Councilman Reynolds moved that a feasibility study be made for the extension of Industrial Road to Vest 36th Street . Councilman Heltzer seconded and the motion carried 7 - 0 . Councilman Thiel suggested that a feasibility study be included of the grade separation of A%=Test 36th Street and Highway 100 . 12 , CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Reynolds , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated February 1 , 1971 in the total amounts of $ 5 , 327 . 23 for payroll , and $ 100 , 571 . 98 for vendors were approved , and the City Manager , City Clerk , f, and City Treasurer were authorized to issue checks covering same by a seven yea vote . (b ) CONTRACT P AYIViENTS 1 . Payment No . 8 , Storm Sewer , Imp . No . 66 - 17 . Contractor , Larnetti $ Sons , Inc . Amount , $48 , 124 . 80 . 2 • Payment lei - 1 , Recreational Facility . Contractor , Axel Newman Plumbing and Heating . Amount , $44 , 737 . 20 . 3 . Payment E - 1 , Recreational Facility . Contractor , Cramer Electric . Amount , $ 8 , 764 . 92 . 32 Council IvAnutes , February 1 , 1971 12 . (b ) 4 . Payment G - 3 , Recreational Facility . Contractor , Henry O. Mikkelson . Amount , $ 102 , 906 , On motion of Councilman Reynolds , seconded by Councilman Thiel , the abovs 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 se yen yea vote . 13 . ADJOURNMENT On motion of Councilman Reynolds , seconded by Councilman Graves , the meeting was adjourned at 10 : 35 p . m . . . by a seven yea vote . Frank J . Howard , Mayor Attest : Alice Iii . Carlson , Secretary 33