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1971/04/19 - ADMIN - Minutes - City Council - Regular
MINIT '?TES C1IL Y COUNCIL MEETING ST : LOUIS PARXs MINNESOTA Ap In CALL TO ORDER A regalar mee . iiig of the Citi Cot� .acil was ca=led to order by Mayor Howard at 8 : 08 p . m . z , INVGCATION Since no one was prese _at f :. o: n the Ministerial Association , there was no invoca ` ion ,. 39 ROLL CALL -r The follow .ng Councilmen were present at roll call : Frank Fleetlyata Murray Galinson Ric .za - d G?- afire s James Heltze .. Robert Rey-iolds Leonaz d Thiel Fr. ank Hovrard Also present Nvere the City Manager , Ass '_ stan City Manager , City Attorney, City Assessor , Plam.iing; Direc ,or , D= � ector of Public Works , and Secretary. MINUTES Cn motion of Councilman Fleetham , seconded by Councilman Heltzer , the minutes of the regu a ?? meeting helc: March 7. 9 , 1. 971 and special meeting _� �j ? 1 �ve -� e arg ~ ove w by a seven yea t�otea 'geld March 30 , 5e PUBLIC HEARINGS ( a ) IMPROVEMENT NO . 71 - 04 PAVING , CURB AND GUT TER , SIDEWALK REPAIR ANLP MISCELLANEO S) UTILITIES CONSTRUCTION , IN AREA BOUNDED ON THE NORTH BY WEST 28TH STREET , ON THE EAST BY LOUISIANA p. VENUE , ON THE SOUTH TO AND INCLUDING WEST 34TH STREET 1-. ND ON THE WEST BY TEXAS AVENUE , AS DESGRIBED IN NOTICE OF HEARING PUBLISHED APRIL 8 AND APRIL 15 ., 1071 Mayor Howard opened �.he heap irgo 105 Council jViinutes , April i91 1y ? 1 5 • ( a ) Petitions in opposition to the proposed improvement were presented to the Council . City Manager and Director of Public Works explained the proposed The C y g Project and the City Assessor informed those assembled o the assess . P J ment policy . • Willard Swerdlick , 2840 Sumter Mr . P . Collins , 3045 Texas I venue , 2 U 1 Oregon Avenue ; Ronald Schally , 3301 Avenue ; Donald Schnesinger , 9 g Sumter Avenue ; Mrs . Ernest Cramer , 3401 Sumter Avenue ; Morris Goodman , 2920 Quebec Avenues John Bungert , 3111 Rhode Island Avenue , Greg Pearson , 3130 Rhode Island Avenues Mr . Freistad , 3135 Quebec Avenue ; and Mr . Don Kittleson , 3141 Rhode Island Avenue , spoke against the proposed improvement . f • • Albin Oswood , 3020 Mr . John Lund , 3030 Pennsylvania Avenue , Pennsylvania Avenue ; and Lester Lloyd , 3101 Rhode Island Avenue , spoke in favor of the improvement . Mrs . Al Rosenburg , 2935 Sumter Avenue ; Don Hill , 3372 Rhode Island Avenue ; Gayle Miller , 2830 Quebec Avenue ; Sylvia Hultman , 2922 Pennsylvania Avenues Melvin Sladle , 3121 Rhode Island Avenues Merle Gust , 3141 Nevada Avenue ; Greg Pearson , 3130 Rhode Island Avenue ; Fred Huber , 7325 Minnetonka Boulevard ; Doris Soll , . 7901 West 31st Street ; Mary Bloomfield , 3121 Quebec Avenue ; Charles Cramer , 2804 Rhode Island Avenue ; Don Kittleson , 3141 Rhode Island Avenue ; and Judy Nelson , 2905 Nevada Avenue , had questions concerning specific properties which were properly answered by the Mayor , Director of Public Works , and City Assessor . There being no one else present wishing to speak , the Mayor declared the hearing closed . RESOLUTION NO, 4202 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4202 entitled , " Resolution Ordering Improvement , Ordering Preparation . of Plans and Authorizing Advertisement for Bids , Improvement No . 71 - 04 . " The motion carried 7 - 0 . (b ) 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 , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 8 AND APRIL 15 , 1971 . 106 Council Minutes , April 19 , 1971 5 . (b ) Mayor Howard opened the hearing , The City Manager and Director of Public Works described the scope and engineering aspects of the proposed improvement and the City Assessor explained the assessment policy . Petitions were presented in opposition to the proposed project . Dr . Allen R . Schneider , 4181 Xenwood Avenue ; Eduardo Ferraras , 4114 Webster Avenue ; D, A . Boult , 4121 Xenwood Avenue , and :Bert Johnson , 4185 Zarthan Avenue , spoke against the proposed improvement . Mr . Lowell Canfield , 4168 Brookside Avenue ; Mr . Gordon Anderson, 4246 Vernon Avenue ; and lair . F . Cow Johnson , 4065 Alabama Avenue , spoke in favor of the proposed improvement . Mr . J . Spah , 4035 Yosemite Avenue , and Mr . Arthur Barrett , 4075 Brookside Avenue , complained about increased in their neighborhoods and Mr . Barrett felt that it was beyond the income of senior citizens but was in favor of up - grading his neighborhood . Mr . Stephen Pascoe , 4130 Colorado Avenue , inquired as to the project to be undertaken in his block . He was told that there will be installation of paving , curb and gutter if the project is approved . He was opposed to this improvement in his block . Mr . Robert Wilson , 4235 Meadowbrook Boulevard , indicated that he was in favor of the improvement if Meadowbrook Boulevard would be included . He also requested dead - end signs and was told that these would be installed . Mr ,, Steve Pascoe , Jr . , 4090 Colorado Avenue , was critical of inadequate information given to citizenry . Mr . Willard Schwartz , 4306 Brook Lane , and Mrs . Steven Pascoe , 4130 Colorado Avenue , felt no need for curbing and gutter in their blocks . Mr . Leon Annoni , 4041 Xenwood Avenue , and Mr . R . J . Mitchell , 4183 Xenwood Avenue , had specific questions concerning the project which were properly responded to by the Mayor , There being no one else present wishing to speak to this matter , Mayor Howard declared the hearing closed . RESOLUTION NOo 4203 It was moved by Councilman Reynolds , seconded by Councilman Thiel , 107 ►--+w� Council Minutes , April 19 , 1971 4203 entitled , " Resolution 5 . (b ) to waive reading and adopt Resolution No * 4203 of Plans , and Authori Ordering Improvement , Ordering Prep zln • ' ds improvement No . 71 - 02 . " The motion g Advertisement for Bids ) p carried 7 - 0 . ( c ) VACATION OF ALLEY BETWEEN SA.' LEM AVENUE AND RALEIGH AVENUE FROM WEST 28TH STREET TO WEST 29TH STREET RECOMMENDING THAT IT BE RETAINED FOR UTILITY Y PURPOSES , AS DESCRIBED IN NOTICE OF HEARING PUBLISH 5 , 1971 Mayor Howard opened the hearing . There being no one present wishing to speak to this matter , Mayor Howard declared the hearing closed . It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive reading and set date for second reading April 26 , 1971 . The motion carried 7 - 0 . 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) COMMUNICATION FROM HYMAN FREIGHTWAYS , INC . Mr . Eugene Pikovsky , 4300 West 25th Street , representing Minnesota Motor Transport Association , requested a resolution be adopted supporting legislation permitting operation of twin trailers on four lane highways in State of Minnesota . RESOLUTION NO, 4204 It was moved by Councilman Reynolds , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4204 entitled , " Resolution Supporting the Adoption of Senate File 588 and House File 655 Increasing the Length of Trucks Permitted on State Highways • The motion carried 5 - 1 - 1 , Councilman Heltzer voting nay and Councilman Thiel abstaining because he felt he had not sufficiently studied the issue . 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION ORDERING THE OWNER OF HAZARDOUS BUILDINGS WITHIN THE CITY OF ST . LOUIS PARK TO CORRECT THE HAZARDOtV CONDITIONS RESOLUTION NO. 4205 It was moved by Councilman Graves , seconded by Councilman 108 council Minutes , April 19 , 1971 1 � ( a ) Fleetham , to waive reading and adopt Resolution No . 4205 entitled , " A Resolution Ordering the Owner of Hazardous Buildings Within the City of St . Louis Park to Correct the Hazardous Conditions . " The motion carried 7 - 0 . (b ) RESOLUTION EXTENDING SYMPATHY TO FAMILY OF STEVEN D . PLATH RESOLUTION NO. 4206 It was moved by Councilman Fleetham , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4206 entitled , " Resolution Extending Sympathy to the Family of Steven D. Plath . " The motion carried 7 - 0 . ( c ) RESOLUTION EXTENDING SYMPATHY TO FAMILY OF KENT D . ERICKSON RESOLUTION NO, 4207 It was moved by Councilman Galinson , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4207 entitled , " Resolution Extending Sympathy to the Family of Kent D . Erickson. " The motion carried 7 - 0 . (d ) RESOLUTION SUPPORTING BILL TO REMOVE SALES TAX ON ROAD BUILDING MATERIALS RESOLUTION NO. 4208 . It was moved by Councilman Reynolds , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4208 entitled , " Resolution Supporting Bill to Remove Sales Tax on Road Building Materials . " The motion carried 7 - 0 . 8 • REPORTS OF OFFICERS , BOARDS , AND COMMITTEES (a ) REPORT OF PLANNING COMMISSION ( CASE NO. 71 - 6 - S ) RECOMMENDING APPROVAL OF PRELIMINARY PLAT PARK CENTER , SOUTHEAST CORNER OF WEST 36TH STREET AND HIGHWAY 100 It was moved by Councilman Graves , seconded by Councilman Galinson , to set date for hearing May 10 , 1971 . The motion carried 7 - 0 , (b ) REPORT OF BOARD OF ZONING APPEALS ( CAST. NO, 71 - 20 - VAR ) 109 Council Minutes , April 19 , 1971 89 (b ) RECOMMENDING FAVORABLY UPON REQUEST OFO DONALD ZONING ORDINANCE TO PERMIT CONSTRUCTID ©F THE RE -LD CODDON FOR VARIANCE FROM SECTION 6 . 074 5 OFA E LE FAMILY HOME ON A 39 . 88 FOOT LOT INSTEAAREA OF 4 , 563 QUIRED 60 FEET AND TO PERMIT LOT IN AN R - 2 SINGLE SQUARE FEET FOR PROPERTY LOCATED FAMILY DISTRICT AT 3326 COLORADO AVENUE It was moved by Councilman Galinson , seconded by Councilman Fleetham , to set date for hearing May 3 , 1971 . The motion carried 7 - 0 . ( c ) REPORT OF BOARD OF ZONING APPEALS ( CASE NO . 71 - 22 - VAR . ) RECOMMENDING DENIAL OF REQUEST OF HALMAR INC . FOR VARIANCE FROM SECTION 6 : 084 . 5 OF THE ZONING ORDINANCE j TO PERMIT A TWO FAMILY RESIDENCE ON LOT WITH WIDTH OF 50 FEET INSTEAD OF THE REQUIRED 60 FEET , TO PERMIT TOTAL LOT AREA OF 61750 SQUARE FEET INSTEAD OF 71200 SQUARE FEET AND TO PERMIT A LOT AREA PER FAMILY OF 3 , 375 SQUARE FEET INSTEAD OF THE REQUIRED 4 , 000 SQUARE FEET FOR PROPERTY LOCATED IN AN R - 3 TWO FAMILY DISTRICT i TELY 3726 KIPLING AVENUE . AT APPROXIMATELY k It was moved by Councilman Reynolds , seconded by Councilman Thiel , to set date for hearing May 3 , 1971 . The motion carried 7 - 0, (d ) REPORT OF PLANNING COMMISSION ( CASE NO . 70 - 35 - ST ) RELATIVE TO STUDY OF BROOKSIDE AVENUE There being no discussion , the report was ordered by the Mayor to be received for filing . ( e ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD MARCH 9 , 1971 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . (f ) MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD MARCH ll , 1971 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( g ) MINUTES OF PLANNING COMMISSION MEETING HELD MARCH 17 , 1971 There being no discussion , the minutes were ordered by the Mayor to be received for filing . 11 � Council N dnutes , April 19 , 1971 g , (h ) MINUTES OF BOARD OF Z(-. ONING APPEALS MEETING HELD MARCH 25 , 1971 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( i ) REPORT FROM CITIZENS ADVISORY COMMITTEE REGARDING STATEMENT ON PROPOSED -VEGISLATION . Councilman Heltzer moved to approve and send the statement to the elected representatives . Councilman Graves seconded and the motion carried 7 - 0 . (j ) REPORT OF LIQUOR VIOLATION It was moved by Councilman Reynolds , seconded by Councilman Graves , to set date for hearing May 3 , 1971 , at 7 : 00 p . m . The motion carried 7 - 0 . (k ) MONTHLY FINANCIAL REPORT - FEBRUARY 1971 Upon hearing no discussion , the report was ordered by the Mayor to be received for filing , (1 ) QUARTERLY REPORT - FIRST QUARTER 1971 Upon hearing no discussion , the report was ordered by the Mayor to be received for filing . (m ) MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD APRIL 8 , 1971 . Mr . Frank Pucci of the Citizens Advisory Committee explained that he felt that the Committee should assist the Council in informing citizens with regard to the Capital Improvements Program , Councilman Heltzer felt this would be desirable . There being no further discussion , the minutes were ordered by the Mayor to be received for filing . 9 . UNFINISHED BUSINESS ( a ) IMPROVEMENT NO. 71 - 05 , PAVING , CURB AND GUTTER , SIDE - WALK REPAIR AND MISCELLANEOUS CONTINGENT UTILITIES I11 Council Minutes , April 191 1971 9 . ( ) H 100 INGLEW OOD a IN AREA BOUNDED IN GENERAL BYD AND WEST 26TH STREET AVENUE , NiIN1�TETONKA BOULEVAR RESOLUTION NO . 4 "209 b Councilman Thiel , seconded by Councilman Reynolds , It was movedy 4209 entitled , Resolution to waive reading and adopt Resolution �o . ? 1 - 05 . " The motion Calling Public Hearing on Improvement carried 7 - 0 . ( ) b IMPROVEMENT NO. 71 - 01 , PAVING , CURB AND GUTTER , SIDE - WALK REPAIR AND MISCELLANEOUS CONTINGENT UTILITIES OUTS IN PAVING AREA CONSISTING OF ALAj STREETS LYING100 WHICH OF EXCELSIOR BOULEVARD AND EAST OF To WERE NOT INCLUDED IN PROJECT 69 - 02 . RESOLUTION N :O . 4210 It was moved by Councilman Reynolds , seconded by Councilman Heltzer to waive reading and adopt Resolution No . 4210 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 01 . " The motion carried 7 - 0 . ( c ) FLAG AVENUE EXTENSION Councilman Galinson indicated that there is opposition to the extension of Flag Avenue from residents in the area and moved to have the matter on the next Council agenda . Councilman Reynolds seconded . After discussion , Councilman Galinson withdrew and moved that staff inform owner of assessable cost. Councilman Reynolds seconded and the motion carried 7 - 0 . 10 . NEW BUSINESS ( a ) ACCEPTANCE OF DEEDS It was moved by Councilman Graves , seconded by Councilman Galinson , to accept the following deeds and order them filed by the City Clerk : 1 . Sanitary Sewer Easement - Eugene V . & Jane Laughlin 2 . Utility Easements - Alley between Raleigh and Salem from 28th to 29th Street - David L and Ioene Silverman , Simon and Fanny Brudnoy , Sidney H and Tiba Roberts , Israel Goldman and Bina Goldman , Lawrence L and Sonia Kaiser , Jacob and Pearl Rosenstein , Robert L and Katherine Divine , Gale and Rutha. Held Hyman and Rosanne Kane , Judith B . Cook , and Steven H d G � s` ' c Lang . 112 Council i� _inuie � , April 191 19 i 1 10 . ( a ) 3 . Sanitary Sewer Easement - Donald Galloway . The motion carried 7 - 09 (b ) APPOINTMENT TO CITIZENS ADVISORY COMMITTEE Councilman Heltzer moved to appoint Charles Wright . Councilman Graves seconded . After discussion , Councilman Galinson moved to table . Councilman Reynolds seconded and the motion carried 7 - 0 , ( c ) TAS,; LIMITATION BILLS RESOLUTION NO , 4211 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4211 entitled , " Resolution Opposing Tax Limitation Bills Before the 1971 Legislature . " The motion carried 7 - 0 . (d ) STATE LEGISLATION ON METROPOLITAN AREA FISCAL DISPARITIES RESOLUTION NO , 4212 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4212 entitled , " Resolution Opposing State Legislation on Metropolitan Area Fiscal Disparities , S . F . 1922 , H. F . 2330 , S . F . 1133 , and H . F . 627 . " The motion carried 7 - 0 . ( e ) ADVERTISEMENT FOR BIDS UNDERGROUND LIGHTING RESOLUTION NO , 4213 It was moved by Councilman Galinson , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 4213 entitled , Resolution Authorizing Advertisement for Bids , Underground Lighting , Improvement No . 71 - 11 . " After discus sion . Councilman Reynolds moved to call the question . Councilman Graves seconded and the motion carried 7 - 0 . Vote on the resolution carried 7 - 0 . (f ) SPECIAL PERMIT FOR TEMPORARY CEMENT PLANT i t Two sites suggested were the Wolfe Park area or the site of the old garage . Councilman Reynolds moved to refer this matter to the Planning Commission . Councilman Galinson seconded and the motion carried 7 - 0 . i 113 11 . 1V115 C E L i�h 1V L' U lJ 5 id � l�rlVil a �rl✓ '.� .L,C� liY �. 1 . A . Statland , 1600 Texas Avenue 2 . Mrs . Joan Swayze , 4115 Quentin Avenue Councilman Galinson moved to refer above claims to City Manager and City Attorney for proper action . Councilman Graves seconded and the motion carried 7 - 0 . 12 , CLAIMS , APPROPRIATIONS AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Thiel , seconded by Councilman Reynolds , the lists of verified claims prepared by the Director of Finance 1971 in the total and presented to the Council dated April 19 , amounts of $ 1 , 906 . 39 for payroll , and $ 137 , 660 . 04 for vendors 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 On motion of Councilman Reynolds , seconded by Councilman Galinson , the following 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 : 1 . Payment No . 3 , Project No . 7004 , Ice Arena & Pool . 1 Contractor , Axel Newman Heating & Plumbing Co . Amount , $46 , 812 . 60 . 2 . Payment No . E - 3 , Project No . 7004 , Ice Arena & Pool . Contractor , Cramer Electric Service Co . , Inc . Amount , $ 6 , 595 . 07 . 3 . Payment No , G - 5 , Project No . 7004 , Ice Arena & Pool . Contractor , Henry O. Mikkelson Co . Amount , $ 208 , 152 . 00 . 4 . Payment No . 1 , Imp , No . 70 - 50 , Athletic Field Lighting , Aquila Park . Contractor , Lehn Electric . Amount , $ 13 , 960 . 00 ' 5 . Architect ' s Fee , Ice Arena & Pool , S . C . Smiley & Associates ' Amount , $ 1 , 082 . 43 . Be ADJOURNMENT On motion of Councilman Reynolds , seconded by Councilman Thiel , the meeting was adjourned at 1 ; 10 a , m . by a seven yea vote . lAtAet& '.000a ; 1 W 11rank J . Mayo LA Alice M . Carlson , Secretary 114