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HomeMy WebLinkAbout1971/03/01 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA March 1 , 1971 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Frank Howard at 8 : 00 p . m . 2 . INVOCATION Invocation was given by Rev . Larry Houseman of the Aldersgate Methodist Church . 3 . ROLL, CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltzer Robert Reynolds Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Director of Public Works , Supervisor of Zoning and Inspection , Director of Finance , City Sanitarian , Planning Director , and Secretary. 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Heltzer , the minutes of the regular meeting held February 16 , 1971 , were approved by a six yea vote . Mr . Lawson of Metallurgical , Inc . presented a packet of information concerning use of propane gas as a motor fuel . He explained that the company he represents neither sells , manufactures nor distributes propane gas but had converted their vehicles as an anti - pollution measure and urged the City to do so . 5 . PUBLIC HEA RI NGS None 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS None 49 Council Minutes , March 1 , 1971 7 . RESOLUTIONS AND ORDINANCES ( a ) FIRST READING OF PROPOSED ORDINANCE PROHIBITING THE SALE OF CERTAIN NON - RETURNABLE DISPOSABLE BEVERAGE CONTAINERS , PROVIDING FOR THE REDEMPTION OF RETURN- ABLE CONTAINERS , PROVIDING FOR INSPECTIONS , AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PR OVISIONS THEREOF ADDING SECTION 4 : 900 ( M & C NO. 71 - 09 ) There was discussion concerning the fact that the entire burden, should not be placed on the retailer but extend to the wholesaler . The City Attorney indicated that he would explore the possibility of using that approach . Mr . Gordon Nielsen , District Manager of Brockway Glass , said he had not seen the ordinance but that the same one had been considered by West St . Paul , Bloomington , and Wayzata . Councilman Fleetham moved to set date for public hearing March 29 , 1971 . There was no second to the motion . It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive first reading of the proposed ordinance and set date for public hearing and second reading March 29 , 1971 . The motion carried 5 - 1 , Councilman Fleetham voting nay because he r felt it premature until effects on local merchants are further explored . 1 (b ) FIRST READING OF PROPOSED ORDINANCE AUTHORIZING THE TRANSFERS OF FUNDS AND PROVIDING APPROPRIATIONS FOR j SALARY ADJUSTMENTS FOR YEAR ENDING DECEMBER 31 , 1971 { E It was moved by Councilman Galinson , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading March 15 , 1971 . The motion carried 6 - 0 . (c ) AN EMERGENCY ORDINANCE AMENDING THE FOLLOWING SECTIONS OF THE ST . LOUIS PARK ORDINANCE CODE RELATIVE TO THE POSITION CLASSIFICATION PLAN , COMPENSATION PLN ' BASIC PERSONNEL POLICY AND CONDITIONS OF CITY EMPLOY - MENT : SECTION 1 : 308 COMPENSATION PLAN : AS SET FORTH IN ORDINANCE NO, 1134 ADOPTED JANUARY 25 , 1971 ORDINANCE NO, 1137 It was moved by Councilman Galinson , secondedby Councilman Gra yes , to waive reading and adopt Ordinance No . 1137 e , entitled , " An Emergen� � Ordinance Amending the Following Secti Ordinance Code Relative to the Position Classification o f the St . Louis Park Plan , 50 Council Minutes , March 1 , 1971. 7 . (c ) Compensation Plan , Basic Personnel Policy and Conditions of City Employment : Section 1 : 308 Compensation Plan : As Set Forth in Ordinance No . 1134 Adopted January 25 , 1971 . " The motion carried 6 - 0 . ( d ) RESOLUTION ACCEPTING A TWO YEAR SETTLEMENT WITH PUBLIC WORKS EMPLOYEES ( M & C NO. 71 - 08 ) Mr . John McDonald was present representing Local 224 and asking that he be permitted to meet and confer with Council . The City Council refused to negotiate wages and fringe benefits with Mr . McDonald ' s union due to the fact that it is not the formally recognized agent for the bargaining unit as established by the State Labor C ? nci11ato S O�ffice , H Wever , the City Council indicated. its willingness s oe" 1 t ' A a er �--� , g arepresentative g cab er with Mr . McDonald a of Local 224 on any matters which do not effect the over - all bargaining unit as established by the State Labor Concilators Office , RESOLUTION NO, 4159 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4159 entitled , " Resolution Accepting a Two Year Settlement with Local 49 Inter - national Union of Operating Engineers . " The motion carried 6 - 0 . ( e ) RESOLUTION ANLE NDING RESOLUTION NO, 4135 ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE DECEMBER 28 , 1970 RESOLUTION NO . 4160 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4160 entitled , " Resolution Amending Resolution No . 4135 Adopting Position Classification Assignment Table Effective December 28 , 1970 . It The motion carried 6 - 0 . (f ) RESOLUTION PROVIDING FOR WORKMEN ' S C01VIPENSATION INSURANCE FOR THE MAYOR AND COUNCILMEN OF THE CITY OF ST . LOUIS PARK ( REQUESTED BY COUNCIL FEBRUARY 16 , 1971 ) RESOLUTION NO. 4161 It was moved by Councilman Galinson , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4161 entitled , 51 Council Minutes , lviarch 1 , 1971 r n Insurance en ' s Compensatio 7 , (f ) " Resolution Providing for VST ° rkm of St . Louis Park . " The , for the Mayor and Councilmen of the City y an Heltzer voting nay * motion carried 5 - 1 , Councilor ( g ) RESOLUTION STATING THE CIT Y1 S OPPOSITION TO A BILL . RELATING TO PUBLIC INDEBTEDNESS OF MUNICIPALITIES * THE SUBMISSION OF BOND ISSUE QUESTIONS ; AME NDIN MINNESOTA STATUTES 19699 SECTION 475 . 58 RESOLUTION NO. 4162 It was moved by Councilman Heltzer , seconded by Councilman i Graves , to waisolution No . 416ve reading and adopt Reentitled , " Resolution Indicating the City ' s Opposition to a Bill for an Act Relating to Public Indebtedness of Municipalities ; the Submission of Bond Issue Questions , Amending Minnesota Statutes 1969 , Section 475 . 58 by Adding a Subdivision . " The motion carried 6 - 0 , (h ) RESOLUTION EXTENDING SYMPATHY TO FAMILY OF TORVAL J OR VIG RESOLUTION NO. 4163 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4163 entitled , " Resolution Extending Sympathy to Family of Torval Jorvig . " The motion carried 6 - 0 . ► (i ) RESOLUTION REQUESTING LEGISLATION AMENDING " PROHIBITED REUSE OF CONTAINERS OF DISTILLED SPIRITS " AS REGULATED IN SECTIONS 194 . 261 , 262 . 263 UNITED STATES CODE OF FEDERAL FEBRUARY 16, RAL REGULATIONS ( REQUESTED BY COUNCIL FEBR � 1971 ) RESOLUTION NO . 4164 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4164 entitled , " Resolution Requesting Legislation Amending ' Prohibited Reuse of Containers of Distilled Spirits ' as Regulated in Sections 194 . 2611 262 . 263 United States Code of Federal Regulations . " The motion carried 6 - 0 (j ) RESOLUTION REQUESTING LEGISLATION ON SNOWMOBILES ( REQUESTED By COUNCILIVIAN HELTZER ) 52 Council Minutes , March 1 , 1971 7 . (j ) RESOLUTION NO . 4165 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4165 entitled , " Resolution Requesting Legislation Amending Minnesota Statutes 1969 , Section 84 . 87 Concerning Regulation of Snowmobiles by Municipalities . " The motion carried 6 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 71 - 059 PAVING , CURB AND GUTTER , SIDEWALK REPAIR , AND MISCELLANEOUS CONTINGENT UTILITIES IN AREA BOUNDED BY T . H . 100 , INGLEWOOD AVENUE , MINNETONKA BOULEVARD AND WEST 26TH STREET (AUTHORIZED BY COUNCIL NOVEMBER 2 , 1970 ) . RESOLUTION NO. 4166 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4166 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 05 * " The motion carried 6 - 0 . ( Hearing set for March 15 , 1971 ) . (b ) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 65 - 30 , STORM SEWER , IN AREA BOUNDED BY THE MINNEAPOLIS NORTHFIELD AND SOUTHERN RAILROAD , MINNETONKA BOULEVARD , UTICA AVENUE AND VILEST 26TH STREET (AUTHORIZED BY COUNCIL NOVEMBER 2 , 1970 ) RESOLUTION NO . 4167 It was moved by Councilman Fleetham , seconded by Councilman 4167 entitled Heltzer , to waive reading and adopt Resolution No . , " Resolution Calling Public Hearing on Improvement No . 65 - 30 . " The motion carried 6 - 0 . ( Hearing was set for March 22 , 1971 ) . i (c ) REPORT OF PLANNING COMMISSION ( CASE NO. 70 - 78 - RE ) RECOMMENDING THE CITY RETAIN OWNERSHIP OF LOT 6 and 7 , BLOCK 3 , BROOKVIEW PARK ADDITION Councilman Graves moved to accept recommendation , and authorize staff to prepare necessary resolution and reports concerning use . Councilman Heltzer seconded and the motion carried 6 - 0 . 53 Gouncil Minutes . March 1 1971 ISSION ( CASE NO. 70 - 16 - ST ) IMG GONIMSYSTEM BE RETAINED 8 . ( d ) REPORT OF PLA RESENT ONE; - WAY DE OF COUNTY ROAD REC OM1vIE NDING P THE EAST SI ON FRONTAGE ROAD ON 22ND STREET NO . 18 NORTH OFVf EST moved that the report be filed and the present Councilman Galinson m Councilman Heltzer seconded and the motion system be maintained . carried 6 - 0 . IMG COMMISSION ( CASE NO . 70 - 57 - ZA ) ( e ) REPORT OF PLANNING A RECOMMENDING APPROVAL OF THE PROPOSED D AMNN1DIvE NT TO SECTIONS 6 : 414 , 6 : 420 and 6 : 222 OF ZONING ORDINANCE CIL NOVEMBER 16 , 1970 ) 9 ( REQUESTED BY COUN ousen a , representing Standard Oil Company , was Mr . Fred H g amendments to the ' re arin � the present offering assistance in p P ordinance that would be effective for the City and not too restrictive for the oil companies . i Councilman Galinson moved to accept the report , extend the moratorium for building service stations for sixty days Gr prepare necessary ordinance amendments . Councilman Graves seconded and the motion carried 6 - 0 . (f ) REPORT OF PLANNING DEPARTMENT ON CONCEPT PLAN FOR FREIDHEIM PROPERTY Mr . Otto Schmid of Urban Planning and Design , representing Freidheim ' s development on West 36th Street and Highway 100 , offered to answer any questions concerning their concept plan for this area . No action was taken by the Council . ( g ) BASS LAKE DEVELOPMENT PLAN ( CONSULTANT ' S STUDY ) Mr . Eugene Hickock , the consultant , presented his plan explaining the various phases and alternatives for the suggested deVeloprneIIt . After discussion by Council concerning the various phaSes and theto cost estimates , Councilman Reynolds moved to refer this matter Parks and Recreation Commission Councilman Galinson $ eConded and the motion carried 6 - 0 . (h ) PRELIMINARY PLANNING REPORT CONCERNING LOUISIANA AVENUE EXTENSION ( OXFORD AVENUE. TO EXCELSIOR BOULEVARD ) 54 Council Minut". March 1 , 1971 8 . (h ) Mr . Earl Dresser , Administrator of Methodist Hospital , was present asking Council to accept a conditional easement for right - of - way . Since Council was of the opinion that the easement as presented was not acceptable Mr . Dresser agreed to take int back. to the board for their further consideration . The Director of Public Works ' explained the proposed improvement , showing the preliminary plans and suggested present and future development of the roadway and sidewalks . RESOLUTION NO . 4168 It was moved by Councilman Reynolds , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4168 entitled , " Resolution Calling Hearing Improvement No . 62 - 27 . " TJ2e motion carried 6 - 0 . ( Hearing was set for March 29 , 1971 ) . (i ) MINUTES OF PLANNING COMMISSION MEETING HELD FEBRUARY 17 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received - for filing . (j ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD FEBRUARY 99 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (k ) MINUTES OF PARKS AND RECREATION COMMISSION MEETING HELD FEBRUARY 10 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( 1 ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD FEBRUARY 179 1971 Upon hearing no discussion , the minutes were ordered by, the Mayor to be received for filing . (m ) REPORT OF CITY MANAGER CONCERNING EXTENSION OF EMPLOYMENT ( M & C NO. 71 - 07 ) It was moved by Councilman Heltzer , seconded by Councilman Graves , to approve retention of A . Ray Sills , Accounting Clerk in Street Department to May 1 , 1972 . The motion carried 6 - 0 . 55 ' notes . March 1 ' 1971 G CITY Council ] CONCERNING BRIDGE: OF CITY NIANA NT OF ENGINEERING FIRM 8 . (n ) REPORT ION ; NIPL ' OYME INSpEC moved to authorize City Manager to execute. Councilman GalansOn n sneering Company o bridges at a eron E g agreement with Nj t 34th Street , Brookside Avenue , Louisiana Minnehaha Creek a Railroad Tracks , and Meadowbrook Avenue at the Great Northern Holds seconded the motion . Councilman Road . Councilman Rey uested reports be submitted to Heltzer moved to am end that req Gilman Graves seconded the amendment . Vote on the State . Coon - l Councilman Galinson voting nay, vote amendment carried o carried 6 - 09 on the original mote (o ) REPORT OF CITY MANAGER CONCERNING ORNAMENTAL STREET LIGHTING PROGRAM M & C NO. 71 - 11j Motion was made by Councilman Fleetham , seconded by was Councilman Graves , to defer this matter until f Wso his Qec present . After discussion , Councilman Graves d c �c and the motion failed for lack of a second . Councilman Galinson moved to approve the following type fixtures ; Town and Country General Electric , Holophane 350 Series , and McGraw - Edison Traditionaire . Councilman Reynolds seconded aac III the motion carried 5 - 1 , Councilman Fleetham voting nay. Councilman Heltzer moved that Council go on record supporting , i excise tax on utilities , Councilman Graves seconded and the trA � motion carried 6 - 00 Councilman Galinson moved that the City Manager be directed to ,- communicate with the state legislators to withhold voting on excis : �T tax until they meet with Council . Councilman Reynolds seconded and the motion carried 5 - 1 , Mayor Howard voting nay . 9 . UNFINISHED BUSINESS ( a ) AMENDMENT TO THE AGREEMENT BETWEEN THE CITE' 0F ST . LOUIS PARK AND INDEPENDENT SCHOOL DISTRICT 2839 RELATING TO THE ESTABLISHMENT AND OPERATI04% A JOINTLY SPONSORED COMMUNIT Y EDUCATION PROCI &A�N DATED JANUARY 25 , 1971 It was moved by Council man Galinson seconded by COQ Graves , to authorize Mayor and City Manager to execute to the agreement. The motion carried 6 - 0 . 56 Council Minutes , March 1 , 1971 10 . NEW BUSINESS ( a ) PROPOSED CHANGE ORDER NO. M - 4 , RECREATIONAL FACILITY , AXEL NEWIVIAN PLUMBING AND HEATING CO . It was moved by Councilman Graves , seconded by Councilman Galinson , to approve the change order deducting $ 250 and authorize City Manager to execute . The motion carried 6 - 0 . (b ) PROPOSED CHANGE ORDER NO, 1 , SANITARY SEWER , IMPROVEMENT NO, 70 - 30 , NODLAND ASSOCIATES It was moved by Councilman Fleetham , seconded by Councilman Galinson , to approve the change order adding $ 1 , 692 . 30 and authorize City Manager to execute . The motion carried 6 - 0 . ( c ) ACCEPTANCE OF DEED - TOTINO' S INVESTMENTS , INC . FOR SLOPE EASEMENT It was moved by Councilman Graves , seconded by Councilman Heltzer , to accept deed and authorize City Clerk to file same for record . The motion carried 6 - 0 . (d ) APPOINTMENT TO BOARD OF ZONING APPEALS It was moved by Councilman Galinson , seconded by Councilman Heltzer , to appoint Elliot F. Royce to fill the unexpired term of Torval Jorvig . The motion carried 6 - 0 . ( e ) EMPLOYEE APPOINTMENT - CLERK I - POLICE DEPARTMENT Councilman Graves moved to consent and approve the appointment of Maureen Gessford as Clerk I , Police Department , Councilman Heltzer seconded and the motion carried 6 - 0 . 11 . MISCELLANEOUS (a ) DAMAGE CLAIMS - Naomi Keller Klein , 2844 Monterey Parkway It was moved by Councilman Galinson , seconded by Councilman Graves , to file above claim with City Clerk for proper action by City Manager and City Attorney . The motion carried 6 - 0 . (b ) TRANSFER OF RELIEF TO COUNTIES 57 s , March 1 , 1971 Council Minute RESOLUTION Np . 4169 11 . (b ) seconded b Councilman leetham , y ilma Councilman F 4169 entitle It was moved byive reading and adopt Resolution No . d Reynolds , to wa islators to Oppose ' • Urging Sto Louis Park Leg OPP House " A Resolution g rovid0 g for Transfer of Poor Relief to Counties . , , File No . 54 P _ 1 Councilman Heltze r voting nay. The motion carried 5 AppRppR � TIONS , AND CONTRACT PAYMENTS 12 . CLAIMS , ( a ) VERIFIED CLAIMS ilman Graves , seconded by Councilman Heltzer, On motion of Counc the lists of verified claims prepared by the Director of Finance and presented to the Council dated March 1 , 1971in 25 for total ors amounts of $ 5 , 878 . 66 for payroll , and $ 124 , 609 . d 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 PAYMENTS 1 . Partial Payment No . 2 , storm sewer , sanitary sewer and water main , Imp . Nos . 65 - 45B , 68 - 183, 70 - 02 ( Parts 4 , 5 , 61 79 9 , 10 , 11 , and 12 ) , 70 - 303 70 - 361 70 - 37 , 70 - 38 , and 70 - 39 . Contractor , Nodland Associates , Inc . Amount , $ 27 , 000 . 00 . 2 . Partial Payment No . 9 , storm sewer and appurtenant work , Imp . No . 66 - 17 , Contractor , Lametti and Sons , Inc . Amount ' $43 , 236o28 , 3 . Partial Payment No , G - 4 , Ice Arena and Swimming Pool Recreational Facilities Project No . 7004 , Contractor , Henry O, Mikkelson Cc , Amount , $ 65 , 817 . 00 . 4 . Partial Payment No . 1 , grading , basei. concrete curb and gutter and bituminous surfacing , Imp . No . 70 - 24 . Contractor , Floyd Roberg Trucking Co . Amount , $ 10 , 343 . 47 . On motion of Councilman Graves seconded by Councilman Galinson , the above payments oncontractwork presented by lef; the City Engineer were approved , and the City Manager , GitY G 58 Council Minutes , March 1 , 1971 1Z . (b ) and City Treasurer were authorized to issue checks for their respective amounts by a six yea vote . 13 . ADJOURNMENT On motion of Councilman Galinson , seconded by Councilman Heltzer , the meeting was adjourned at 11 : 10 p . m . by a six yea vote . Frank J . Ho , iayo r Attest : Alice M . Carlson , Secretary 59