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Home My WebLink About1971/04/26 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA April 26 , 1971 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 0 6 p . m . Z . INVOCATION Since this meeting had not been scheduled with the Ministerial Association no one had been scheduled to give the invocation. 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson Richard Graves James Heltze r Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , City Attorney , Planning Director , City Assessor , Director of Public Works , and Secretary . 4 . MINUTES On motion of Councilman Galinson , seconded by Councilman Graves , the minutes of the regular meeting held April 19 , 1971 , were approved by a $ even yea vote . 5 , PUBLIC HEARINGS ( a ) IMPROVEMENT NOS, 68 - 12 AND 70 - 089 CONSISTING OF GRADING, PAVING , CURB AND GUTTER , SIDEWALKS , PLANTINGS , AND TRAFFIC SIGNALS AND ALL OTHER CONTINGENCY UTILITIES ON AQUILA AVENUE BETWEEN TARGET ROAD AND WEST 36TH STREET AND ON WEST 36TH STREET BETWEEN THE GREAT NORTHERN RAIL- ROAD 'TRACKS AND AQUI LA AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 1 AND APRIL 8 , 1971 Mayor Howard opened the hearing . The City Manager and Director of Public Works described the proposed Project . 115 Council Minutes , April 26t 1971 spoke in opposition to the 5 . ( a ) A . W . Lampe , 3429 D P Dakota Avenue ,and vvidenln of Aquila Avenue . strip g proposed sidewalk , median Ps else resent wishing to speak concerning this There being no one e P closed . matter , Mayor Howard declared the hearing Y RESOLUTION NO . 4214 an Galinson , seconded by Councilman It was moved by Councilm 4214 entitled , Heltzer , to waive on N • ve reading and adopt Resolution Preparation of Plans , " Resolution Ordering Improvement , Ordering Prep ns , improvement Nos . 68 - 12 and ed 6 - 0 . ( Councilman and Authorizing Advertisement for Bids , nllman Graves was out of 70 - 08 . " The motion carri the Chambers ) . (b ) IMPROVEMENT NO. 71 - 03 , SIDEWALK ON MINNETONKAO ULEVARD FROM TEXAS AVENUE TO UTAH AVENUE ON THE SOUTH AND FROM TEXAS AVENUE TO VIRGINIA ' AVENUE ON THE NORTH , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 8 AND APRIL 15 , 1971 Mayor Howard opened the hearing . Councilman Heltzer said he had been contacted by Mr . Adolph Fine , principal owner , who said he would like this matter continued until he returned to the city. It was moved by Councilman Thiel , seconded by Councilman Heltzer , to continue the hearing to May 24 , 1971 . The motion carried 6 - 0 . ( Councilman Graves was out of the chambers ) . (c ) PROPOSED ORDINANCE CONCERNING A GROSS OPERATING REVENUE TAX ON UTILITIES IN ST . LOUIS PARK , AS DESCRIBED IDT NOTICE OF HEARING PUBLISHED APRIL 15 , 1971 Mayor Howard opened the hearing . The City N�anager explained that the proposed tax was being considered as a source of revenue to meet increased costs of local services and keeping the property tax burden as low asP o sible . Mr . John Boedeman , 3301 Utah Avenue • s R . Miller , Presides. of the Chamber of Commerce ; Mr . Albe Mr . Jame Iviinneap Go , ' rt Pooler , °lis Gasrsue , residing at 3119 Sumter Avenue ; Emil Adams , 4213 Wooddale Ave, e Mr . James Meyer , 2820 Ottawa Avenue ; Mr . David Krushov , Fly Industries ; Mark Rodman 4901 West 28th Street ; Michael Spanieyif �;�;� 3941 Yosemite Avenue Warren Pfieffer ; Charles Collins , 3125 116 Council lvilnutes , April 26 , 1971 5 . ( c ) Avenue ; an dl Willard Lee , 2938 Inglewood Avenues spoke in opposition to the proposed tax. Mrs . Edward Gale , 2505 Pennsylvania Avenue , asked how the recreational facility now under construction is being financed and how the proposed tax would be used . The City Manager explained that funds come out of the general revenue until such time as the project is completed and bonds are issued and that the proposed tax would go into the general fund , There being no one else present wishing to speak concerning this matter , Mayor Howard declared the hearing closed . After discussion , Councilman Fleetham moved that Council go on record as opposing the proposed utility tax , Councilman Graves seconded and the motion carried 5 - 1 , Councilman Galinson voting nay . ( Councilman Thiel had left the chambers before the vote was taken but had indicated his opposition during the discussion ) . 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) NOTICE OF INTENT TO CONDUCT BINGO GAMES FROM JUNE 30 , 1971 TO DECEMBER 31 , 1971 BY VFW , 5605 WEST 36TH STREET There being no objection , the notice was ordered by the Mayor to be received• for filing . . 7 . RESOLUTIONS AND ORDINANCES (a ) RESOLUTION AMENDING RESOLUTION NO . 4135 AS AMENDED BY RESOLUTION NO. 4160 ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE DECEMBER 28 , 1970 RESOLUTION NO. 4215 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4215 entitled , " Resolution Amending Resolution No . 4135 as Amended by Resolution No . 4160 Adopting Position Classification Assignment Table Effective December 28 , 1970 . " The motion carried 6 - 0 . ( Councilman Thiel was not present ) . Mr . Terry McNellis , presictent of Local 993 , was present indicating that due to economic situation it is the feeling of the membership that they come to an agreement this year but would like everything taken under consideration for next year . i 117 Council Minutes , k " ORDINANCE AMENDING THE FOLLOWING SECTIO'Ns j 7 . (b ) AN EMERGENCY PA RK ORDINANCE CODE RELATIVE TO THE , OF THE ST . LOUIS PARTION PLAN , COjvjpENSA TION . PLAN , BASIC POSITION CLASSIFICATION Y AND CONDITIONS OF CITY EMLOYMENT : PERSONNEL POLICY PLAN AS ADOPTED BY ORDINANCE SECTION 1 : 308 CO -, 25 ; 1971 AND AMENDED BY ORDINANCE NO. 1134 DATED JANUARi^ 1971 . NO. 1137 DATED MARCH , ORDINANCE NOo 1140 - hard , seconded by Councilman It was moved by Councilman Flee * Ordinance No . 1140 entitled , Galinson , to waive rcadIFFI and n� n y i;he Following Sections of the " An Emergency Ordinance Ame 8 St . Louis Park Ordinance Code Relative to the Position Classification � ; personnel policy and Conditions Plan , Compensation Plan ; BGS _ c P Y of City Employment : Section 1 : 306 Cor.apensation Plan : As Adopted by Ordinance No . 1134 Dated January 25 , 1971 and Amended by Ordinance No . 1137 Dated March 1 , 1971 , " Thea motion carried 6 see0 . ( Councilmsz , Thiel was not preser_t ) . (c ) PROPOSED ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS AND PROVIDING APPROPRIATIONS FOR SALARY ADJUSTMENTS FOR YEAR ENDING DECEMBER 31 , 1971 . It -NNas moved by CounciLman Graves , seconded by Councilman Reynolds , to waive first reading of proposed ordinance and set date for second reading Mair 3 -1971 , The motion carried 6 0 . ( Councilman Thiel was not present ) ,, (d ) SECOND READING OF PROPOSED ORDINANCE VACATING ALLEY BETWEEN RALEIGH A. �TENITE AND SALEM AVENUE FROM WEST 28TH STREET TO WEST 29TH STREET , ORDIN.A. NC NO, 1141 It was moved by Councihnz an Reynolds , seconded by Councilman Galinson , to wavre :secon.d reading and adopt Ordinance No . 1141 entitled , "An Ordinance Vacating Alley , " The motion carried 7 " 0 ' ( e ) RESOLUTION ESTABLISHING POLICY FOR STREET IMPROVEMENT` Councilman Galinson moved to amend to delete from Section Z 11not incorporated as a part of the over - all improvement project area and 1 FF hereby deleted . " and add , " if charter change is necessary we iter institute the charter change , " Councilman Thiel seconded * Atte discussion Councilman Galinson withdrew his motion and moped to amend to remove all of Section 2 , Councilman Graves Seconded • Council DAinutes , April Z6 , 1971 7 . ( e ) RESOLUTION NO , 4216 It was moved by Councilman HeltZer , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4216 , as amended # entitled , " Resolution Stating Policy for Street Improvement Projects for Special Assessment . " The motion carried 5 - 2 , Councilmen Reynolds and Fleetham voting nay . (f ) PROPOSED ORDINANCE AMENDING SECTION 2 : 108 ( c ) ENTITLED " HOURS OF SALE " OF THE ST , LOUIS PARK ORDINANCE CODE , RELATING TO SALES OF BEER ON CERTAIN PRIMARYELECTION DAYS IN THE CITY OF ST . LOUIS PARK ; AND AMENDING SECTION 2 : 1308 ENTITLED " HOURS OF OPERATION " RELATING TO THE LICENSING AND REGULATION OF SALES OF INTOXICATING LIQUOR It was moved by Councilman Galinson , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading May 3 , 1971 . The motion carried 6 - 0 . ( Councilman Thiel was not present ) . ( g ) RESOLUTION OF THE CITY OF ST , LOUIS PARK AUTHORIZING FILING OF AN APPLICATION FOR URBAN BEAUTIFICATION AND IMPROVEMENT GRANT RESOLUTION NO, 4217 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4217 entitled , " Resolution of the City of St . Louis Park Authorizing Filing of an Application for Urban Beautification and Improvement Grant . " The motion carried 7 - 0 . (h ) RESOLUTION APPROVING AND ADOPTING CITY BEAUTIFICATION PROGRAM , CITY OF ST , LOUIS PARK , 1971 - 1974 RESOLUTION NO. 4218 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4218 entitled , " Resolution Approving and Adopting City Beautification Program , City of St . Louis Park , 1971 - 1974 . " The motion carried 7 - 0 . 8 ' REQ P`TS OF OFFICERS , BOARDS , AND COMMITTEES i ( a ) REPORT OF PLANNING COtiIMISSION ( CASE NO. 70 - 34 - S . Po ) RECOMMENDING FAVORABLY UPON THE REQUEST OF C . J . HOIGAARD FOR SPECIAL PERMIT UNDER PROVISIONS OF SECTION 6 : 142 . 3 OF THE. ST . LOUIS PARK ZONING ORDINANCE 119 Council Minutes , April 26 , 1971 Brian ' Brian of Hoigaard ' s Was present in favor of the 8 . ( a ) Mr . O B granting of the special permit . RESOLUTION NO . 4219 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4219 entitled , " Resolution Granting Permit Under Section 6 : 142 . 3 of the St . Louis Park Zoning Ordinance for Outdoor Sales . " The motion carri Oed 6 _ p , ( Councilman Thiel was not present ) . (b ) MINUTES OF PLANNING CO1ViMISSION MEETING HELD APRIL 7 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . ( c ) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD APRIL 14 , 19719 Councilman Fleetham moved that Bandstand Park be renamed Jorvig Park , Councilman Thiel seconded and the motion carried 6 - 1 , Councilman Galinson voting nay because it was his feeling that parks should not be named after persons even when they have served the City as long as Mr . Jorvig . Upon hearing no further discussion , the minutes were ordered by the Mayor to be received for filing . (d ) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 71 - 101 PAVING , CURB AND GUTTER ON DECATUR LANE AND WEST 34TH STREET FROM MINNEHAHA CREEK TO FLAG AVENUE RESOLUTION NO , 4220 It was moved by Councilman Reynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4220 entitled , " Resolution Calling Public Hearing on Improvement No . 71 - 10 . " The motion carried 7 - 0 . Hearing was set for May 17 , 1971 • 9 . UNFINISHED BUSINESS ( a ) TABULATION OF BIDS IMPROVEMENT NO, 65 - 30 , STORM RESOLUTION NO , 4221 It was moved by Councilman Heltzer , seconded by Councilman 120 Council Minutes , April 26 , 1971 9 . (a ) Fleetham , to waive reading and adopt Resolution No . 4221 entitled , " Resolution Accepting Bid for Storm Sewer Improvement No . 65 - 30 . " The motion carried 6 - 0 . ( Councilman Thiel was not present ) . Contract was awarded to Barbarossa & Sons , Inc in the amount of $ 224 , 902 . 00 . (b ) CONSIDERATION OF MID - BLOCK UNDERGROUND STREET LIGHTING Council asked for a report from staff on amount for conduit in paving contract and what the cost would be if done later , It was moved by Councilman Galinson , seconded by Councilman Thiel , to table this matter . The motion carried 6 - 1 , Councilman Reynolds voting nay . (c ) APPOINTMENT TO CITIZENS ADVISORY COMMITTEE (MOTION TO APPOINT CHARLES WRIGHT TABLED APRIL 19 , 1971 ) Councilman Reynolds moved to remove this motion from the table . Councilman Graves seconded and the motion carried 7 - 0 . Vote on the original motion to appoint Charles Wright to fill the unexpired term of Don Turkington ( expires 12 / 31 / 71 ) carried 7 - 0 . ( d ) DISCUSSION OF IMPROVEMENT NO. 71 - 05 ( REQUESTED BY COUNCILMAN FLEE THAM ) The City ,Manager submitted the new map to Council showing the proposed improvements to be made in this project area . Councilman Fleetham moved to delete West 29th Street from Quentin Avenue to Monterey Parkway . Councilman Reynolds seconded the motion for discussion purposes . After discussion concerning the condition of the paving in the area and criteria for this determina - tion , the motion was defeated 1 - 6 , Councilman Fleetham voting yea . ( e ) IMPROVEMENT NO, 70 - 460 ALLEY PAVING FROM WEST 26TH STREET TO WEST 27TH STREET BETWEEN WEBSTER AVENUE AND XENWOOD AVENUE ( TABLED MARCH 29 , 1971 ) REQUESTED BY C OUNCI LIviA N FLEE THAM No action was taken to remove from the table . Councilman Fleetham asked that the matter be placed on the Niay 3 agenda . 100 NEW BUSINESS ( a ) PROPOSED CHANGE ORDER NO. 1 - CONTRACT 908 - ANDERSON 121 Council Minutes , April 26 , 1971 10 . ( a ) SANDBLAST & PAINTING - ADD $ 1 , 822 . 00 . an Heltzer , seconded by Councilman or It was moved by Councilf ize City Manager to execute . The motion carried Graves to author 7 - 0 . (b ) ACCEPTANCE OF DEEDS - SANITARY SEWER EASEMENTS - CENTRAL STORM SEWER , IMPROVEMENT NO. 66 - 17 On motion of Councilman Galinson , seconded by Councilman Graves , the following deeds were accepted and ordered filed by City Clerk for record by a seven yea vote : 1 . Sidney A . Goodman and Georgene Goodman 2 . Morris Chalsen and Beverly Chalsen 3 . Zola C . Dworsky and Minnie Dworsky 4 . Carl Chalsen and Yetta Chalsen ( c ) NATURE CENTER CONSULTANT Councilman Reynolds moved that City Manager contact Chris Nelson of Oakland , California to set up date for him to view the site for the nature center and meet with the Council and Parks and Recreation Advisory Commission . Councilman Galinson seconded the motion . After discussion concerning priorities of variou� capital expenditures , Councilman Reynolds withdrew his second to the motion and Councilman Galinson suggested that Council meet at 6 : 00 p . m . , May 10 , 1971 concerning these priorities . (d ) OPPOSITION TO ELECTRICAL RATE INCREASE RESOLUTION NO, 4222 It was moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4222 entitled , " Resolution Opposing Northern States Power Company Electric Rate Increase . " The motion carried 7 - 0 . (e ) COMMENDATION OF ROGER ARONSON , POLICE DEPARTNrILENT RESOLUTION NO , 4223 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4223 entitled' " Resolution of Commendation . " The motion carried 7 - 00 122 Council Minutes , April 26 , 1971 l 1 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Mrs . Velma Davenport , 2940 Jersey Avenue Councilman Thiel moved to file above claim with City Manager and City Attorney for proper actiin . Councilman Heltzer seconded and the motion carried 7 - 00 12 , CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS None Be ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Heltzer , the meeting was adjourned at 12 : 10 a . m . by a seven yea vote . F ank J . Ho PW , Y Mayor Attest : ,1 I Alice M . Carlson , Secretary 123