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HomeMy WebLinkAbout1971/02/16 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA February 16 , 1971 1 . CALL TO ORDER A regular meeting of the City Council was called to order by President Pro Tem Thiel at 8 : 14 p . m . A plaque was presented to Mr . Robert Pihaley in recognition and appreciation of his work in Civil Defense . He began in 1967 and has given thousands of hours of his time to this organization which he now heads . 2 . INVOCATION Invocation was given by Rev . Paul Cbenauf of the Wooddale Lutheran Church . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltzer Leonard Thiel Mayor Howard arrived at 9 : 30 p . m . and assumed the chair at 10 : 00 p . m . Also present were the Acting City Manager , City Attorney , Supervisor of Building and Zoning , City Sanitarian, Planning Director , City -Assessor , Director of Finance , Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman Fleetham , seconded by Councilman Galinson , the minutes of the regular meeting held February 1 , 1971 and special meetings held January 25 and February 8 , 1971 , were approved by a five yea vote . 5 . PUBLIC HEARINGS ( a ) OFFICIAL IVAP FOR TWIN LAKES AREA ( CASE NO. 70 - 62 - 01v! ) , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JANUARY 28 , 1971 President Pro Tem Thiel opened the hearing . 37 Minutest February 16 , 1971 ed if staff could Council �, oad , ask 2320 �' ark]' ands 5 . ( a ) Iver . Bob Ehrenberg , e hoped to accomplish * explain what this procedur ed that this Is a method used as explain merit whereby lands are The Planning Director future develop e lam for The part of a long rang P such a need arise in the be needed f designated for public uses those lands that might be or map would outline or identify a public use * ' Lynn Avenue , indicated that he would like 2737 LY ossible. a se of this land b the Iver . Leonard Daniels , y to meet with Gity staff and discuss ith he Gity Manager concerning this City . He was told to get in touch w matter . nk Mr . James Lar � kin attorney , 724 Farmers and Mechanics Ba Street Building , represented Ivir . Arthur J . Seifert , 4612 West 28th City He expressed concern that property could be acquired by the and without compensation , that property value would be educed* He said that the marketability of the property would be effect that in the event the City would adopt this official map he would lith time to seek a declaratory. judgment as to the constitutionality of proposed ordinance . Mr . Sheldon Weinstein , 2737 r,ionterey Avenue , explained that he felt the legal description in the notice and the property indicated on ethisP were contradictory . It was suggested that he contact staff to have matter clarified . Mr . Vlilliam Budd , 4700 West 28th Street , explained that he felt the staff and Planning Commission had done an excellent job in explaining the intent of this plan . Although legal questions brought up at this meeting had clouded the issue somewhat he still felt that the plan as presented was corn. mendable . Councilman Galinson moved to authorize preparation of official maP and ordinance and continue to March 29 , 1971 . Councilman Heltzer seconded and the motion carried 5 - 0 . (b ) OFFICIAL MAP FOR OAK HILL- LIBRARY - �IIGH SCHOOL ARkA ( CASE. NO . 70 - 63 - 01vi ) , AS DESCRIBED IN NOTICE OF BARING PUBLISHED JANUARY 28 , 1971 President Pro Tem Thiel opened the hearing . Iver . Tom Reiersgord , attorney representing Reilly Tar & Chemlcal Corporation , 7200 Walker Street , presented a written statement containing their objections and the bases for these objections * hie said his reasons for opposing this designationY b official map were 38 Council Minutes , February 16 , 1971 5 . (b ) similar to those mentioned by Mr . James Larkin. Mr . Joe Wright , president of J H & W Corporation , asked that this matter be delayed until the alignment of Louisiana Avenue is determined . Councilman Heltzer moved to authorize preparation of official map and ordinance and continue hearing to March 29 , 1971 . Councilman Graves seconded and the motion carried 5 - 0 . (c ) OFFICIAL MAP FOR VICTORIA LAKE ( CASE NO. 70 - 65 - 01vi ) , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JANUARY 289 1971 President Pro Tem Thiel opened the hearing . Councilman Heltzer moved to authorize preparation of official map and ordinance and continue hearing to March 29 , 1971 , Councilman Graves seconded and the motion carried 5 - 0 . (d ) OFFICIAL MAP FOR BASS LAKE AREA ( CASE NO . 70 - 66 - 01vi ) , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JANUARY 28 , 1971 President Pro Tem Thiel opened the hearing . Councilman Graves moved to authorize preparation of official map and ordinance and continue hearing to March 29 , 1971 . Councilman Galinson seconded and the motion carried 5 - 0 . (e ) IMPROVEMENT NO, 70 - 51 , CONCRETE ALLEY PAVING , T - ALLEY BETWEEN XENWOOD AVENUE AND YOSEMITE AVENUE FROM WEST LAKE STREET TO WEST 33RD STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED FEBRUAR `I 4 AND FEBRUARY 11 , 1971 President Pro Tem Thiel opened the hearing . There being no one present wishing to speak to this matter , President Pro Tem Thiel declared the hearing closed . RESOLUTION NO, 4145 It was moved by Councilman Fleetham , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4145 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70 - 51 . " The motion carried 5 - 0 . 39 1 Council IViinutes , February 16 , 197 ALLEY PAVING FROM _ 44 , CONCRETE 1viENT NO. 70 32ND STREET BETWEEN JERSEY WEST 31ST STREET 5 , (f ) IMPROVEWEST IBES IN NOTICE OF AVENUE , AS 1?E SCRFEBRUARY 11 , AVENUE AND IDA141971 FEBRUARY 4 AND HEARING PUBLISHE Thiel opened the hearing . President Pro Tem t w;. shing to speak to this matter , the There being no one present closed . President Pro Tem declared the hearing RESOLUTION NO. 4146 E seconded by Councilman It was moved by Councilman Heltzer , 4146 entitled and adopt Resoluton No .i Graves , to waive reading p • rin improv and Ordering Preparation of " Resolution Orde g IpThe motion carried 5 - 09 Plans improvement No . 70 - 44 . ( g ) IMPROVEMENT Not 70 - 06 , STORM SEWER IN SHELARD PARK S UB DI VISION , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JANUARY 21 AND JANUARY 28 , 1971 President Pro Tem Thiel opened the hearing . Ivir . Charles Arnason , attorney representing Minnesota Naturalthat Gas Company and First Trust Company of St . Paul , explain ed he felt this storm sewer did not relate to his clients ' property , there is no need and should be no assessment . Mr . Gene Anderson of Orr - SchelenaxwMayeron , engineering consultants for the storm sewer , said that this storm sewer would drain the above properties through lines placed under Highway No . l2 . There being no one else present wishing to speak on this matter , President Pro Tem Thiel declared the hearing closed . RESOLUTION NO , 4147 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4147 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70 - 06 . " The motion carried 5 - 0 . 69 PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) REQUESTS OF COSOM AND PLACET , INC . FOR EXTENSIGN OF AIR POLLUTION ORDINANCE COMPLIANCE 40 Council1VAInutes , February 16 , 1971 6 . (a ) Mr . Earl Nelson of Cosom explained that they are working on their problem but that St . Louis Park ' s ordinance is ahead of the industry ' s ability to handle the odor control . The City Sanitarian indicated that there had been no odor complaints from neighbors of either Placet or Cosom . Councilman Galinson moved to extend the air pollution compliance date to March 15 , 1971 for Cosom . Councilman Graves seconded and the motion carried 6 0 . (Mayor Howard had arrived and assumed the chair ) . Councilman Galinson moved to extend the air pollution compliance date to March 1 , 1971 for Placet , Inc . Councilman Heltzer seconded and the motion carried 6 - 0 . (b ) REQUEST OF C . Me FREIDHEIM WITH RESPECT TO SUBDIVISION ORDINANCE Councilman Galinson moved to refer this matter to the Planning Commission for their advice and recommendation . Councilman Graves seconded and the motion carried 6 - 0 . ( c ) COMMUNICATION FROAii PATTOCK AGENCY CONCERNING SIGN ORDINANCE After discussion concerning signs and their proper placement , no action was taken on this matter . 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZING AN ALTERNATE COMMISSIONER TO REPRESENT THE CITY ON THE BOARD OF THE BASSE T TS CREEK FLOOD CONTROL CO1VMISSION AND APPOINTING SAID ALTERNATE COMMISSIONER RESOLUTION NO, 4148 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4148 entitled , " Resolution Authorizing an Alternate Commissioner to Represent the City on the Board of the Bassetts Creek Flood Control Commission and Appointing said Alternate Commissioner . " The motion carried 6 - 0 . (b ) RESOLUTION REQUESTING VACATICN OF CERTAIN PORTIONS OF COUNTY JUDICIAL DITCH NO, 30 41 Council Minutes , February 16 , 1971 RESO11 LUIII TIIIII ON NO. 4149 7 . (b ) iiiiiiiiii Flow OMAN BONN III III an Fleetham , seconded by Councilman It was moved by Councilor Resolution No . 4149 entitled , and adopt Graves , to waive reading . " uesting Vacation of Certain Portions of County Resolution Req Judicial Ditch No . 30 . " The motion carried 6 - 00 ( c ) RESOLUTION UTION REC ONIME NDING DISSOLUTION OF SUBURBAN SANITARY SEWER COIN1NiISSI0N RESOLUTION NO. 4150 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4150 entitled , " Resolution Recommending Dissolution of Suburban Sanitary Sewer Commission . " The motion carried 6 - 0 . ( d ) RE SOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES - SPECIAL ELECTION FEBRUARY 23 , 1971 - HENNEPIN COUNTY GENERAL HOSPITAL RESOLUTION NO . 4151 i It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4151 entitled , " Resolution Setting Polling Places and Naming Election Judges for Special Election February 23 , 1971 . " The motion carried 6 - 0 . (e ) PROPOSED ORDINANCE PROHIBITING THE SALE OF CERTAIN NON - RETURNABLE OR DISPOSABLE BEVERAGE CONTAINERS ( REQUESTED BY COUNCILMAN HE LTZER ) Mrs . Sharon Powell , 5616 Wentworth , member of MECCA ; Wes Fisher , School of Public Affairs at University of Minnesota , 2110 - 25th Avenue South ; Mike Harvey , 4908 Girard Avenue S . all spoke in favor of the proposed ordinance , stressing conservation of natural resources and energy used in manufacture . After discussion , Councilman Heltzer moved to refer to staff to redraft the ordinance and make their recommendation to be on agenda March 1 , 1971 , Councilman Graves seconded and the motion carried 6 - 0 g. REPORTS OF OFFICERS , BOARDS , 1 ARDS , AND COIviMITTEyS ( a ) REPORT OF CITY MANAGER CONCERNING LAW LIBRARY 42 Council Iviinutes . February 16 , 1971 8 . ( a ) Councilman Heltzer moved to authorize City Manager to negotiate sale at estimated amount . Councilman Graves seconded and the motion carried 6 - 0 . (b ) REPORT OF PLANNING COMMISSION ( CASE NO. 70 - 77 — S . Pe ) RECOMMENDING APPROVAL WITH CONDITIONS UPON REQUEST TO AMEND THE SPECIAL PERMIT OF SHELARD PARK TO INCLUDE A 126 - UNIT APARTMENT BUILDING ON PARTS OF LOTS 1 AND 2 , BLOCK 5 , SHELARD PARK (c ) REPORT OF PLANNING COMMISSION ( CASE NO. 71 - 3 - S . P . ) RECOMMENDING FAVORABLY WITH CONDITIONS UPON REQUEST FOR SPECIAL PERMIT 92 » UNIT APARTMENT BUILDING ON PARTS OF LOTS 1 AND 2 , BLOCK 5 - SHELARD PARK BY MCALLISTER PROPERTIES RESOLUTION NO, 4152 It was moved by Councilman Galinson , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4152 entitled , " Resolution Amending Resolution No . 3 787 Granting Permit Under Sections 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 , and Resolution No . 3887 , Adopted December 8 , 1969 , Resolution No . 3907 Adopted February 2 , 1970 , and Resolution No . 4091 Adopted November 16 , 1970 Shelard Development Company . " The motion carried 6 - 0 . (d ) REPORT RELATIVE TO TAX - FORFEITED LANDS RESOLUTION NO, 4153 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4153 entitled , " Authorizing Application for Conveyance of Tax - forfeited Lands . It The motion carried 6 - 0 . RESOLUTION NO , 4154 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4154 entitled , " Resolution Approving Designation of Non - conservation Land Shown on Classification List 1645 - C ' By Board of County Commissioners of Hennepin County . " The motion carried 6 - 0 . 43 Council Minutes , February 16 , 1971 8 . ( e ) MINUTES OF BOARD OF zQNING AI'pEALS NiEETING HELD JANUARY 28 , 1971 tion , the minutes were ordered by the Mayor Upon hearing no oboe c to be received for filing . (f ) MINUTES OF BUILDING CONSTRUCTION CODES ADVISORY COMMISSION MEETING HELD FEBRUARY 2 , 1971 U on hearing no discussion , the minutes were ordered by the P g Mayor to be received for filing . ( g ) MINUTES OF PLANNING C O1v1MISSION IviEE TING HE LD i FEBRUARY 3 , 1971 ' 1 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (h ) REPORT CONCERNING FIRE DAMAGED HOUSE - 1845 OREGON RESOLUTION NO. 4155 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4155 entitled , " A Resolution Ordering the Owner of a Hazardous Building Within the City of St . Louis Park to Correct the Hazardous Condition . " The motion carried 6 - 0 . Councilman Galinson moved that thirty days be allotted for making of the repairs . Councilman Graves seconded and the motion carried 6 - 0 . ( i ) MONTHLY FINANCIAL REPORT - DECEMBER 1970 There being no discussion , the report was ordered by the Mayor to be received for filing . 9 . UNFINISHED BUSINESS ( a ) APPOINTMENTS OF COUNCIL MEMBERS TO BOARDS AND C OMIVUSS10NS Councilman Galinson moved to appoint Mr . James Miceli as second alternate to the Hennepin County League . Councilman Fleetham seconded and the motion carried 6 - 0 . The following alternates were appointed : Councilman Thiel to Citizens Advisory Committee , Councilman Graves to Board of Zoning Appeals and Councilman F leetham to Human Rights CorraniSs ' 0n• 44 r--.-�� r'rrz Council Minutes , February 16 , 1971 9 . (b ) REQUEST OF CLIFF FRASER TO COUNCIL TO CONSIDER SERVICE STATION DEVELOPMENT FOR SHELARD DEVELOPMENT ( DEFERRED FROM FEBRUARY 1 , 1971 ) Mr . Sheldon Wirt and Mr . James Harrington of Sheldon Development Company were present presenting their plans for a service station for Block 8 , Shelard Park and urging their approval . After discuss ion concerning the need to have a plan for the entire block , Councilman Galinson moved to approve the permit for service station on this site as indicated on the plans as presented . Councilman Thiel seconded and the motion carried 6 - 0 . 10 . NEW BUSINESS Y ( a ) TABULATION OF BIDS - SHELARD PARK STORM SEWER , IMPROVEMENT NO, 70 - 06 RESOLUTION NO. 4156 It was moved by Councilman Galinson , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4156 entitled , " Resolution Designating Apparent Low Bidder for Shelard Park Storm Sewer , Project 70 - 06 and Requesting Concurrence in Award of Contract from the Minnesota State Highway Department . " The motion carried 6 - 0 . (b ) AGREEMENT FOR SANITARY SEWER PLACEIV ENT - 36TH AND BRUNSWICK RESOLUTION NO. 4157 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4157 entitled , "Authorizing Agreement with the Chicago and Northwestern Railway Company and City of St . Louis Park Relative to Construc - tion , Maintenance and Use of a Sanitary Sewer . " The motion carried 6 - 0 . ( c ) PROPOSED CHANGE ORDER NO. E - Z , RECREATIONAL FACILITY , CRAMER ELECTRIC # ADD $ 5 , 880 . 00 . Councilman Galinson moved to authorize City Manager to execute the proposed change order . Councilman Thiel seconded and the motion carried 6 - 0 . 45 ,� Ar IRNIM, - Co uracil Minutes , February 16 , 1971 _ SANITARY SEWER EASEMENTS - DEEDS SANITARY 1 , BROOKSIDE SECOND DIVISION 10 . (d ) ACCEPTANCE OF* PARTS OF LOT SLOG EVERTS AND LOIS A . EVERTS AND E I�/iG GA UGHE Y F. FROM MARGUERITE y • AND EINE L, , GARY . IViCGAUGHE It was moved by Cc an Gal ounilrninson , seconded by Councilman deeds and authorize Gity Clerk to file same Heltzer , to accept carried 6 - 0 . for record . The ( e ) AGREEMENT WITH STATE HIGHWAY DEPARTMENT RELATIVE TRUCTION AGREEMENT SHE RD TO COOPERATIVE CONS PARK STORM SEWER AREA RESOLUTION NO. 4158 seconded by Councilman It was moved by Councilman Gal t Resolution No . 4158 entitled , sony Thiel , to waive reading and adop " Approving Agreement with the Minnesota Department of Highways Relative to Cooperative Construction Agreement Shelard P Storm Sewer Area . 11The motion carried 6 - 0 . (f ) EMPLOYEE APPOINTMENTS AND PROMOTION Councilman Galinson moved to consent and approve the following appointments and promotions : James L. Jezierski , Police Patrolman ; Marcia Counter from Clerk I to Clerk II ; Charlene Van Hecke , Data Processing Operator I ; Karen Elg from Clerk II to Data Processing Operator II ; James L. Skarhus , Firefighter ; and James D. Turcotte , Engineering Technician II . The motion was seconded by Councilman Fleetham and carried 6 - 0 . ( g ) REQUEST OF PLANNING COMMISSION TO AUTHORIZE THE PLANNING DEPARTMENT TO STUDY AMENDMENTS TO THE ZONING ORDINANCE TO PERMIT MULTI - FAMILY STRUCTURES IN AN R - 3 DISTRICT AND OTHER CHANGES IN THE PLANNED UNIT DEVELOPMENT SECTION OF THE ZONING ORDINANCE (SEE PLANNING COMIMISSION MINUTES ) Councilman Galinson moved to refer to Planning Department for study . Councilman Thiel seconded and the motion carried 6 - 0 . lI . MISCELLANEOUS ( a ) COM1ViUNICATIONS FROM CITY MANAGER 1 . Department Head Development Training Program 46 Council Minutes , February 16 , 1971 11 . ( a ) 1 . Councilman Galinson moved that Council authorize the City Manager to retain the services of Dr . Richard E . Byrd for purposes of Department Head training program . Councilman Graves seconded and the motion carried 6 - 0 . 2 . Easement - Louisiana Avenue Extension Councilman Galinson moved to authorize Mayor and City Manager to execute agreement with Control Data Corporation . Councilman Heltzer seconded and the motion carried 6 - 0 . (b ) DAMAGE CLAIMS 1 . Mrs . Harold Haskovitz , 8143 Westwood Hills Drive 2 . James T . Christensen , 2055 Kentucky Avenue 3 . James T . Benda , 5649 Scenic Heights Drive , Minnetonka It was moved by Councilman Graves , seconded by Councilman Galinson , to file above claims with the City Clerk for proper action by City Manager and City Attorney . The motion carried 6 - 0 . ( c ) NATIONAL COMMUNITY EDUCATION CLINIC , FLINT , MICHIGAN Councilman Fleetham moved to authorize Mrs . Howard Segal to attend the NCE Clinic at Flint , Michigan , March 249 25 , and 26 . Councilman Graves seconded and the motion carried 6 - 0 . (d ) OFFICE LAY - OUT STUDY Councilman Fleetham moved to authorize City Manager to take bids for study of office lay - out . Councilman Graves seconded and the motion carried 5 - 1 , Mayor Howard voting nay. ( e ) LAKE STREET PARKING STUDY Councilman Heltzer moved that staff be directed to finalize design plans . Councilman Graves seconded and the motion carried 6 - 0 . (f ) CHANGE ORDER - ICE ARENA Councilman Fleetham moved to authorize City Manager to execute change order adding 1800 feet of storage space under the seating at the north end of the ice arena at a cost of $ 3 , 282 . 57 . Councilman Galinson seconded and the motion carried 5 - 1 , Mayor Howard voting nay , 47 Council Minutes , February 161 1971 11 . ( g ) SIDEWALK FEASIBILITY STUDY Councilman Heltzer requested a report as to the feasibility of sidewalks on both sides of Minnetonka Boulevard between Texas Avenue and Minnetonka Boulevard . (h ) FENCE - MEADOWBROOK GOLF COURSE Councilman Galinson moved that if tomorrow at 9 : 00 ae me the illegal fence is still there a tag be issued each day until the next Council meeting . There was no second or vote on the motion . 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS Councilman Fleetham moved to delete payment to Bassetts Creek Flood Control Commission . Councilman Graves seconded but after discussion withdrew his second . The motion failed for lack of a second . On motion of Councilman Graves , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated February 16 , 1971 in the total amounts of $ 5 , 229 . 05 for payroll , and $ 164 , 866 . 61 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 . (b ) CONTRACT PAYMENT Payment No . 1 , Sanitary Sewer , Lift Station , Imp . No . 70 - 35 ,1 Contractor , Don Anderson Company , Inc . Amount , $ 55 , 285o 92 . It was moved by Councilman Thiel , seconded by Councilman Graves , to approve above payment . The motion carried 6 - 0 . 13 , ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Graves , the meeting was adjourned at 11 : 55 p . m . by a six yea vote . Ar At Fr inl J . HowVX avor nard J . Tlii , res . Pro Tens Atte s t : 7 Alice M . Carlson , Secretary 48