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Home My WebLink About1971/03/30 - ADMIN - Minutes - City Council - Regular MINUTES SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA, March 30 , 1971 1 . CALL TO ORDER A special meeting of the City Council was called to order by 1vilayor Howard at 8 : 06 p . m . Ze INVOCATION An invocation was not given since the meeting was not on the schedule provided to the Iviinisterial Association , 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham James Meltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , City Assessor , Director of Public Works , and Secretary Councilman Graves arrived at 8 : 06 p . m . 4 . MINUTES 4 None 5 . PUBLIC HEARINGS None b • PETITIONS , REQ UES TS , AND C OlyiMUNICATIONS ( d ) SCHOOL BOARD REQUEST FOR VOTER REGISTRATION (SUBMITTED TO COUNCIL MARCH 290 1971 ) It was moved by Councilman Reynolds , seconded by Councilman Fleetham , to refer this matter to the City Attorney . The motion carried 4 - 1 , Councilman Heltzer voting nay . ( Councilman Graves was not present ) . 93 Council lviinutes , March 30 , 1971 7 . RESOLUTIONS AND ORDINANCES A REF,EREN DUM ON THE PROPOSED ( a ) RESOLUTION URGIN CIVIC CENTER HENNEPIN COUNTY RESOLUTION NO . 4188 Councilman HelLzer , seconded by Councilman It was moved by t Resolution No . 4188 entitled , Reynolds , to waive reading and adon the Proposed Hennepin County " Resolution Urging a Referendum 0 6 - 0 • Civic Center . " The rri. otion car 1 Councilman Fleetharn moved to refer to the Legal Department to determine if any action can be taken . Councilman Heltzer seconded and the motion carried 5 - 1 , Mayor Howard voting nay. 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT WITH RESPECT TO CONDEMNATION OF LANDS METHODIST HOSPITAL FOR STREET PURPOSES ( LOUISIANA AVENUE EXTENSION ) RESOLUTION NO . 4189 It was rrioved by Councilman Reynolds , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4189 entitled , " Resolution Authorizing Taking of Land by Eminent Domain for Street Purposes . " The motion carried 5 - 0 . (Councilman Graves was not present ) . It was agreed that the City Manager would act at his discretion unless otherwise advised by Council . (b ) REPORT WITH RESPECT TO CONDEMNATION OF LANDS FOR STREET PURPOSES - LOUISIANA AVENUE EXTENSION - LAND AT 7600 EXCELSIOR BOULEVARD RESOLUTION NO . 4190 It was moved by Councilman Reynolds , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4190 entitled , " Resolution Authorizing Taking of Land by Eminent Domain for Street Purposes . IfThe motion carried 5 - 0 . ( Councilman Graves was not present ) . ( c ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVElvIENT NO' 71 - 03 , SIDEWALK ON MINNETONKA BOULEVARD FROM TEAS AVENUE TO UTAH AVENUE ON THE SOUTH AND FRONT TExAS 94 J Council Minutes , March 30 , 1971 $ , ( c ) AVENUE TO VIRGINIA. AVENUE ON THE NORTH RESOLUTION NO, 4191 It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4191 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 03 . " The motion carried 5 - 0 . ( Councilman G :: aves was not present ) . (d ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 71 - 02 , PAVING , CURB AND GUTTER , SIDEWALK REPAIR , AND MISCELLANEOUS CONTINGENT UTILITIES ON ALL STREETS LYING SOUTH OF EXCELSIOR BOULEVARD AND WEST OF T . H . 100 Councilman Reynolds moved to reject but the motion failed for lack of a second RESOLUTION NO , 4192 It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4192 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 02 . It The motion carried 4 - 2 , Councilman Reynolds and Mayor Howard voting nay. ( e ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO, 71 - 04 , PAVING , CURB AND GUTTER , SIDEWALK REPAIR , AND MISCELLANEOUS CONTINGENT UTILITIES CONSTRUCTION , IN I AREA BOUNDED ON THE NORTH BY 28,TH STREET , ON THE EAST BY LOUISIANA AVENUE , ON THE SOUTH TO AND INCLUDING 34TH STREET AND ON THE WEST BY TEXAS AVENUE RESOLUTION NO, 4193 It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4193 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 04 . " The motion carried 4 - 2 , Councilman Reynolds and Mayor Howard voting nay . i 1 t 9 . UNFINISHED BUSINESS (a ) IMPROVEMENT NO. 65 - 301 STORM SEWER , IN AREA BOUNDED IN GENERAL BY THE MINNEAPOLIS , NORTHFIELD AND SOUTHERN RAILROAD , MINNETONKA BOULEVARD , UTICA AVENUE AND WEST 26TH STREET ( HEARING CLOSED MARCH 22 , 1971 ) . 95 it Minutes , Council March 30 , 1971 4194 RESOLUTIOl'T NO. 9 • ( a ) eltzeseconded by Councilman r � 4194 entitled Councilman H elution No . , It was moved by adopt RsoPre ng and Orderi Thiel , to waive reading Preparation of Plans , P Improvement ' rovement No . b5 - 30 , " Resolution ordering rto exnent for Bids ' Imp and Authorizing R The motion carried 6 Moo, 00 6 A LLE Y PAVING FROM WEST 32ND 60 - 9 (b ) IMPROVEMENT NO ° A AVENUE BETWEEN JERSEY AVENUE AND STREET TO LOUISIAN EARING CLOSED MARCH 22 , 1971 ) . KENTUCKY AV04 UE ( H RES OLUTION NO . 4195 Councilman Heltzer , seconded by Councilman It was moved by C 4195 entitled , to waive reading and adopt Resolution No , Preparation of Reynolds , rovement and Ordering P " Resolution Ordering Imp 'rhe motion carried 6 - 0 . Plans Improvement No . 60 ... 96 , if ( c ) IMPROVE ME NT NO . 70 - 03 , ALLEY PAVING FROM MINNETTONN - AVE BOULEVARD TO WEST 31ST STREET BETWEEN OREIGO CUED AND PENNSYLVANIA AVENUE ( " T " ALLEY ) HEAR MARCH 22 , 1971 . Since names had been removed from the original petition for the improvement Councilman Heltzer moved to adopt resolution ed ordering improvement be not made Councilman Th the motion . After discussion concerning the feasibility of paving tble , only the stem of the " T " alley , Councilman Fleetham nmo O d Councilman Heltzer seconded and the motion carried 6 • After further discussion , it was moved by Councilman Heltzer , The by Councilman Fle ( tham ) to remove from tables motion carried 6 - 0 ,- RESOLUTION NO. 4196 It was moved by Councilman Heltzer , seconded by Councilman 419 6 entlded ' Fleetham , to waive reading and adopt Resolution No . The " Resolution Ordering Improvement No . 70 - 03 Be Not Madh�bers )s motion carried 5 - 0 . ( Councilman Thiel was out of the G Mr . Kenneth Fortier , 7505 Minnetonka Boulevard ; Mrs • Arlo Hamilton , 3011 Pennsylvania Avenue ; Mrs . Johnson ) ? 50Ave 7509 Minnetonka Boulevard ; and Mr , Walter Mark , 3044 Oregon spoke against the project , 96 Gounci.l Minutes , March 30 , 1971 9 , ( d ) IMPROVEMENT NO. 70 - 179 ALLEY PAVING FROM WEST 31ST STREET TO WEST 32ND STREET BETWEEN NEVADA AVENUE AND OREGON AVENUE ( HEARING CLOSED MARCH 22 , 1971 ) RESOLUTION NO, 4197 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4197 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70= 17 . The motion carried 6 - 0 . ( e ) IMPROVEMENT NO , 70 - 42 , ALLEY PAVING , " T " ALLEY FROM MINNETONKA BOULEVARD TO WEST 31ST STREET BETWEEN KENTUCKY AVENUE AND LOUISIANA AVENUE ( HEARING CLOSED MARCH 22 , 1971 ) RESOLUTION NO . 4198 i i It was moved by Councilman Heltzer , seconded by Councilman j Fleetham , to waive reading and adopt Resolution No . 4198 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70 - 42 . " The motion carried 6 - 0 . r (f ) IMPROVEMENT NO, 70 - 431 ALLEY PAVING FROM WEST 34TH STREET TO WEST 35TH STREET BETWEEN QUEBEC I AVENUE AND RHODE ISLAND AVENUE ( HEARING CLOSED MARCH 22 , 1971 ) i RES Oi, UTION NO. 4199 s It was moved by Councilman Heltzer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4199 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 70 - 43 . " The motion carried 6 - 0 . ( g ) IMPROVEMENT NO, 71 - 011 PAVING , CURB AND GUTTER , SIDEWALK REPAIR AND MISCELLANEOUS CONTINGENT UTILITIES , ALL STREETS LYING SOUTH OF EXCELSIOR BOULEVARD AND i EAST OF T . H . 100 , NOT INCLUDED IN IMPROVEMENT NO. 69 - 02 : � f It was moved by Councilman Reynolds , seconded by Councilman Fleetham , to reconsider Improvement No . 71 - 01 . The motion carried 4 - 2 , Councilman Thiel and Mayor Howard voting nay . After discussion concerning - the Capital Improvements Program , moved, <tvr:Lable for one - half hour . Councilman Heltzer seconded and the motion carried 5 - 1 , Councilman Reynolds voting nay . 1 97 Council Minutes , 1Viarch 30 , 1971 Gilman Fleetham moved to remove from table . 9 . ( g ) Councilman or�ded and the motion carried 6 - 0 . At 9 : 30 P • m � Councilman Councilman Reynolds sec ril 191 1971 • diel moved to defer to Ap �Councilrlan tion and af:: er discussion Councilman Fleetham seconded the - mo Councilman Reynolds secanded Thiel moved to call the questiono i -notion carried 4 _ Z . Councilman Heltzer and Mayor raes Howard on the motion to defer lost 3 Councilmen3 , and the voting naye Vote Heltzer , and Reynolds voting I, aY ^ r RESOLUIO TN NOr 4200 Improvement No . 71 - 01 was taken . Vote on the motion ordering Imp ( Needs 6 Motion carried 5 - 1 , . Councilman C, ravez - voting nay . 1This action waived reading and adopted to order improvement ) . ' n No ; 4200 entitled ; " Resolution Repealing Resolution No . Re s olutio 4185 , " Councilman Reynolds moved that all capital improvement program bed e suspended until s il such time as they have been individually seconded . Councilman Reynolds by the Council . Councilman Graves divided the motion into two parts ( 1 ) Capital Improvements Proogeram be suspended ( 2 ) Council review the program or each proV jeCt * Vote on on Part 1 was defeated 5 - 1 , , ouncliman Reynolds voting y ea ,Part 2 was defeated 5 - 1 , councilman Reynolds voting yea . 10o NEW BUSINESS E (a ) PROPOSED CHANGE ORDER NO , 1 - MUNICIPAL SERVICE CENTER - ADOLFSON & YPEA TERSON , INC . - ADD $41128o 14 It was moved by Councilman Reynolds , seconded by Councilman Fleetham , to authorize City Manager to execute the proposed change order . The motion carried 6 - 06 (b ) BID TABULATION - TRACTOR WITH MOWER It was moved by Councilman Reynolds , seconded by Councilman Graves ; to designate Midway Tractor & Equipment Co . as the lowest responsible bidder in the amount of $ 3 . 845 and accept bid . The bexS ) ' motion carried 5 - 0 ( Councilman Thiel was out of the Cham ( c ) GROSS RECEIPT TAX ON UTILITIES It was moved by Councilman Reynolds , seconded by Councl nan rie d Heltzer , to set date for hearing April 26 ) 1971 ., The motion car 6 - 0 , Councilman Reynolds moved to correct the Council minutes of 9E council Minutes , March 30 , 1971 la • ( c ) March 1 , 19719 Page 56 Item 8 ( o ) , delete " to finance ornamental street lighting . " The motion was seconded by Councilman Heltzer and carried 6 - 0 . (d ) AUTHORIZATION OF AD FOR BIDS - ALLEY PAVINGS RESOLUTION NO , 4201 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4201 entitled , " Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids Improvement Nos . 60 - 96 , 68 - 57 , 69 - 38 , 69 - 39 , 70 - 04 , 70 - 14 , 70 - 15 , 70 - 16 , 70 � 17 , 70 - 18 , 70 - 230 70 - 421 70 - 430 70 - 44 , 70 - 47 , 70 - 51 . " The motion carried 6 - 0 . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Dennis A . Johnson , 221 Paisley Lane , Golden Valley 2 . Mrs . Marian Larson , 2700 Rhode Island Avenue , Apt . 234 Councilman Thiel moved to file above claims with City Clerk for proper action by City Manager and City Attorney . Councilman Reynolds seconded and the motion carried 6 - 0 . (b ) REPUBLIC CREOSOTE PROPERTY Councilman Heltzer moved to direct staff to enter into negotiations for option to purchase the land of Republic Creosote Company . Councilman Reynolds seconded and the motion carried 6 - 0 . Councilman Reynolds moved to refer the zoning of Republic Creosote property and adjoining land to Planning Commission for advice and recommendation , Councilman Graves seconded and the motion carried 6 - 0 . 12 • CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On rnotion of Councilman Thiel , seconded by Councilman Fleetham , the lists of verified claims prepared by the .Director of Finance and presented to the Council dated March 29 , 1971 in the total amounts of $ 3 , 794 . 17 for payroll , and $ 1279 035 . 80 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 . 99 Council Minutes , March 30 , 1971 Municipal Service Center , Project m 12 . (b ) 1 . Partial Payent Noe l ' Contractor , Adolf son & No . 3987 . Amount , $ l4 , 843 . ? 0 � ,,Peterson . Payment No * 10 , Storm Sewers and Appurtenant Work, 2 . Partial Pa Y - 17o Contractor , Lametti & Sons , Inc . Improvement No . 66 Amount , $ 80 , 440 . 02 . 3 . Partial Payment No . Storm Sewer , Sanitary Sewer and s ' 68 - 18 , 70 - 02 ( Parts 4 , 5 , 61 W ate rm ain , Iinp • No 65 � 45B , ) , 70 - 30 , 70 - 36 , 70 - 37 , 70 - 38 , and 70 - 39 , 71 9 , l0 , ll , and 12 Amount , $ 7 , 650 . 00 . Contractor , Nodland Constructions l 4 . Partial Payment No , 3 , Sanitary Sewer , Lift Station and ment No . 70 - 35 . Contractor , Appurtenant Work , Improve Don Anderson Company , Inc , Amount , $ 371413e 73 . 5 . Partial Payment , Engineering Services Contract , Orr - Schelen - Mayeron & Associates , Inc . , Storm Sewer Improvement No . I 70 - 06 , Amount , $ 2 6 , 098 . 3 6 . On motion of Councilman Reynolds , seconded by Councilman Thiel , the above 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 six yea vote . 13 . ADJOURNMENT On motion of Councilman Fleetham , seconded by Councilman Thiel , the meeting was adjourned at 10 : 15 p . m . by a six yea vote . rank Jo Ho , Iayor Attest : Alice M . Carlson ; Secretary 100