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HomeMy WebLinkAbout1971/05/17 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING TA ST , LOUIS PARK , MINNESOTA May 17 , 1971 CALL TO ORDER A regular meeting of the City Council was called order by Mayor Howard at 8 : 10 pome Zo INVOCATION Invl,� cation was given by Rabbi Moses Sachs of the Fit nai Abraham Synagogue . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Murray Galinson James Heltze -r Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney, City Assessor , Public Health Director , Planning Director , Director of Public "llorks , and Secretary . Councilman Graves arrived at 8 : 45 p . m , Mrs . Merle Segal , Council representative of the Lighted School Program , gave a progress report on the program indicating the growing enthusiasm of the community. 4 . MINUTES On motion of Councilman Fleetham , seconded by Councilman Thiel , the minutes of the special meeting held May 3 , 1971 and regular meeting held Mlay 10 , 1971 , were approved by a six yea vote . 5 . PUBLIC HEARINGS ( a ) IMPROVEMENT NO. 71 - 10 , PAVING , CURB AND GUTTER ON DECATUR LANE AND WEST 34TH STREET FROM MINNEHAHA CREEK TO FLAG l9 AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AFRI AND MAY 6 , 1971 Mayor Howard opened the hearing , 146 council Minutes , May 17 , 1971 5 , ( a ) The Director of Public Works described the proposed improvement and J the City Assessor explained the assessment policy for this project , J Mr . John Wright , 8910 West 34th Street , requested a stop sign at bridge or Decatur , He expressed concern that an improved street would increase speed . Mr . Andy Smith , 9005 West 34th S zeet , asked if the entire amount would be assessed against the property owners , He was told that about 50 % would be coming out of the general fund . There being no one else present wishing to speak , Mayor Howard closed the hearing , RESOLUTION NO. 4235 It was moved by Councilman 'Thiel , seconded by Councilman He ' - er , to waive reading and adopt Resolution No . 4235 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement Or • 7 10 . 11 The motion carried 7 - 0 . Councilman Heltzer requested traffic information and recommendation for stop signs on Decatur with copies sent to Mr , John Wright and Mr , T , E , Murphy . (b ) PROPOSED VARIANCE FROM SECTION 6 : 064 , 5 OF THE ST , LOUIS PARK ZONING ORDINANCE REQUESTED BY HARRY CARLSON AT 2736 WEBSTER AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 61 1971 , Mayor Howard opened the hearing , The Planning Director described t'.e proposed variance , There being no one present wishing to speak, Mayor Howard closed the hearing, RESOLUTION NO. 4236 It was moved by Councilman Galinson , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4236 entitled , " Resolution Granting Variance in Lot Width and Lot Area From the Requirements of Section 6 : 064 , 5 of the St . Louis Park Zoning Ordinance . " The motion carr1ed 7 _ 0 , (c ) PROPOSED VARIANCE FROM SECTION 6 : 064 , 5 OF THE ST , LOUIS PARK ZONING ORDINANCE REQUESTED BY NORTON PERMUTH AT 2732 MONTEREY AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 6 , 1971 147 Council Minutes , May 17 , 1971 5 . (c � Mayor Howard opened the hearing * . ' rector explained the proposed variance . The Planning Dl instein , 2732 Monterey , spoke in favor of the variance , Mr . Sheldon �rVe There being no on e else wishing to speak , Mayor Howard declared the hearing closed . RESOLUTION NO. 4237 b Councilman Thiel , seconded by Councilman Graves , It was moved y 4237 entitled , Resolution to waive reading and adopt Resolution and Depth from the Requirements Granting Variance in Front and Back k Zonin Ordinance . " The motion of Section 6 : 064 . 5 of the St . Louis Par g carried 7 - 0 • ( �d PROPOSED ORDINANCE AMENDING ORDINANCE NO, 1007 OCTOBER 16 , 1967 , ENTITLED " AN ORDINANCE AMENDING ZONING ORDINANCE 730 PASSED DECEMBER 28 , 1959 ENTITLED ST , LOUIS RK ORDINANCE ' ; " AND AMENDING THE ST . LOUIS PARK ORDINANCE CODE SECTION 6 : 142 . 3 RELATING TO SPECIAL USE PERMITS , AND REPEALING ' THE ST , LOUIS PARK ORDINANCE CODE SECTION 6 : 049 . 1 SUBDIVISIONS 1 THROUGH 10 RELATING TO MOTOR SERVICE STATIONS JI Mayor Howard opened the hearing . Mr . MacGregor , Minnesota Petroleum , spoke against Section 6 : 111 . 3 ( 1 ) , Subdivisions 2 and 3 relating to hours of operation and number of pumps • He also objected to Subdivisions 6 , relating to setback requirements , and 12 , relating to outside sales , Mr . Fred Hiisengha , of Standard (`il Co . and Minnesota Petroleum C ° unc objected to Subdivision 12 relating to outside sales , and Subdivision 1 ? relating to deadline date for conformance There being no one else present wishing to speak , Mayor Howard declared the hearing closed . ' t Councilman Heltzer moved to delete Subdivision 18 because he felt i would weaken enforcement . Councilman Graves seconded the motion for purposes of discussion . record of Councilman Galinson suggested that the words " as set forth in reg ° j the Assessing Department of the City of St . Louis Park ' be added to Subdivision 17 , Councilman Fleethamts , Qashln . f moved to amend to prohibit beacon ligh 148 council Minutes , May 17 , 1971 fid ) lights , and strobe lights . There was no second to the motion. Councilman Heltzer withdrew his motion to amend and suggested he would support motion to hold second reading in three weeks . It was moved by Councilman Graves , seconded by Councilman Gaiineon , to waive first reading of proposed ordinance and set date for second reading June 7 , 1971 . The motion carried 5 - 1 - � , Mayor Howard voting nay and Councilman Fleetham abstaining . It was the understanding that all station owners and / or operators would be notified of the date of the second reading . (e ) PROPOSED AMENDMENT OF OFFICIAL MAP EXTENDING LOUISIANA AVENUE FROM OXFORD TO WEST 32ND STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 6 , 1971 Mayor Howard opened the hearing . ;E The City Manager and the Planning Director explained the proposed amendment . INC Nis Mr . Tom Reiersgord , attorney representing Reilly Tar and Chemical Corporation , brought a statement objecting to the amendment and pointing out damages they felt would . be sustained . There being no one else present wishing to speak , Mayor Howard declared the hearing closed . I It was moved by Councilman Galinson , seconded by Councilman Heltzer , to authorize preparation of maps and ordinance . The motion carried 7 - 0 . ►C 16' PETITIONS REQUESTS , AND COMMUNICATIONS (a ) REQUEST OF TOTINO ' S FOR EXTENSION OF TIME FOR COMPLIANCE WITH AIR POLLUTION ORDINANCE .ed It was moved by Councilman Thiel , seconded by Councilman Heltzer , to grant extension to August 1 , 1971 . The motion carried 7 - 0 . 't (b ) PETITION FROM PROPERTY OWNERS IN VICINITY OF WEST 33RD STREET AND COLORADO AVENUE REQUESTING THAT 33RD STREET BE A DEAD END AT THE RAILROAD TRACKS BETWEEN COLORADO of AND BRUNSWICK AVENUES It to Was mOVed by Councilman Galinson, seconded by Councilman Graves , Planning Commission for study and recommei refer to ndaton. The 149 Council Minutes , May 17 , 1971 d 7 0 , 6 . (b ) motion carrie - AMBER OF COMMERCE FOR PERMIT TO OPERATE(c ) REQUEST OF C CARNIVAL • seconded by Councilman Graves It was moved by t� ouncilman Galinson , , the ermit , waiving the fe ( 3 The motion carried 7 - 00 to grant p (d ) NOTICE OF INTEI�IT TO .CONDUCT BINGO GAMES EVERY FRIDAY ; 1 , 19 'x ' BY FRANK LUNDBERG AMERICAN NIGHT COMMENCING JULY LEGION POST ¢ 282 , 5707 EXCELSIOR BOULEVARD There being no objection , the notice was ordered by the Mayor to be received for filing 7 . RESOLUTIONS AND ORDINANCES (a ) SECOND READING OF PROPOSED ORDINANCE AMENDING R . MANCE NO. 781 ADOPTED APRIL 24 , 1 ' 961 ENTITLED AN ORDINANCE PROVIDING FOR THE REMOVAL OF SNOW , ICE , AND RUBBISH FROM SIDEWALKS , THE ELIMINATION OF WEEDS FROM PUBLIC AND PRIVATE PROPERTY AND THE REPAIR OF SIDEWALKS AND THE COLLECTION OF THE COSTS OF SU : H WORK WHEN DONE BY THE CITY AS A SPECIAL ASSESSMENT AGAINST PROPERTY BENEFITED , " AND ADDING TWO NEW SECTIONS ORDINANCE NO . 1144 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive second reading and adopt Ordinance No , 1144 entitled , "An Ordinance Amending Ordinance No , 783. Adopted April 24 , 1961 , Entitled An Ordinance Providing for the Removal of Snow , Ice , and Rubbish from Sidewalks , the Elirnination of Weeds from Public and Private Property and the Repair of Sidewalks and the Collect,.on of the Costs of Such Work When Done by the City as a Special Assessment Against Property Benefited by Amending Sections ` : 650 Through 1 : 658 and Repealing Section 1 : 659 • The motion carried 7 (b ) FIRST READING OF PROPOSED ORDINANCE REGULATING PUBLIG BATHS , REST ROOMS AND 61MILAP FACILI 'T' IES Councilman Galinson moved to amend Section 2 : 1722 , Subdivision 2 from , $ 25 . 00 to $ 15 . 00 , rouncilmar_ hIeltzer seconded and the motion carried Councilman Galinson moved to amend Section 2 . 1728 Subdivision 3 by � adding " and noxious , offensive and annoying odors . " The motion was 150 � iylci: Minutes , ��« ; I ! ; t; 7 _ 7 . (b ) seconded by Councilman Graves and carried 7 - 0 , It was moved by Councilman Galinson , seconded by Councilman Heltzer to waive first reading of proposed ordinance and set date for second � reading May 24 , 1971 . The motion carried 7 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COM1viITTEES (a ) REPORT OF TRAFFIC STUDY - VERNON AVENUE AND HIGHWAY 100 OFF RAMP (REQUESTED BY COUNCILMAN FLEETHAM ) Councilman Fleetham explained that the County and State had opened their exists and he had numerous complaints about cars stacking up and about its being dangerous for pedestrians . After discussion concerning the design of the intersection , Councilman Reynolds moved to place stop signs on Vernon for north and south bound traffic and allow to remain the stop sign on the service road . Ct% • incilman Graves seconded and the motion carried 7 - 0 . Councilman Fleetham moved that staff bring to Council a study on pedestrian movements to discover if sidewalk shoula be extended further north . Council - man Galinson seconded and the motion carried 7 - 0 . (b ) REPORT OF PLANNING COMMISSION RECOMMENDING AMENDMENT TO OFFICIAL MAP ( CASE NO. 7127 • - OM ) REPEALING THE EXTENSION OF RALEIGH AVENUE AND THE INDUSTRIAL ROAD AS FUTURE STREETS It was moved by Councilman Reynolds , seconded by Councilman Graves , to set date for hearing June 7 ; 1971 . The motion carried 7 - 0 . (c ) REPORT CONCERNING FEASIBILITY FOR BRIDGE STRUCTURE AT OXFORD AVENUE AND THE MIN : IEA POL.LS , NORTHFIELD , AND SOUTHERN RAILROAD TRACKS (M & C NO. 71 - 20 ) Councilman Heltzer moved to authorize City Manager to employ Minnesota Transi.tech , Inc , in amount not exceeding $ 11 , 175 as consultants in construction of this bridge „ Councilman Reynolds seconded anli d the motion carried 6 - 1 , Councilman Ganson voting nay. (d ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD MAY 4 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing , 1 151 Council jvjinutes , May 17 , 1971 MINUTES OF HUMAN RIGHT S COMMISSION MEETING HELD APRIL 21 , 8 . (e ) 1971 no discussion , Upon hear the minutes were ordered by the Mayor to ing iling. be received for f 9 . UNFINISHED BUSINESS (a ) TABULATION OF BIDS FOR CONSTRUCTION OF RESIDENTIAL AREA STREET LIGHTING SYSTEM , IMPROVEMENT NO. 71 1 It was moved by Coun Gilman Galinson , seconded by Councilman Fleetham , to re 'Ject all bids . The motion carried ? - 0 . ( ) • 084 . 5 OF THE ST . LOUIS b PROPOSED VARIANCE FROM SECTION 6 • PARK ZONING ORDINANCE REQUESTED MAY 3 , 1971 )EDBY HALMAR INC . AT 3726 KIPLING AVENUE ( DEFERRED FROM It was moved by Councilman Thiel , seconded by Councilmanhe motion to prepare ordinance relative to the use of the property . carried 7 - 0 . c TABULATION OF BIDS , PAVING , CONCRETE CURB AND GUT TIES SIDEWALK REPAIR , AND MISCELLANEOUS CONTINGENT UTI IMPROVEMENT NO. 71 - 04 RESOLUTION NO. 4238 It was moved by Councilman Thiel , seconded by Councilman Reynolds , to waive reading and adopt Resolution No . 4238 entitled , " Resolution Accepting Bid for Improvement No . 71 - 04 . " The motion carried 7 - O • H . J . A . Construction Co . was designated the lowest responsible bidder in the amount of $ 503 , 246 . 40 . (d ) BOULEVARD SIDEWALKS - REMOVAL IN PAVING PROJECTS Councilman Heltzer explained that he has had complaints concerning pieces of sidewalk from sidewalk to curb being removed during the paving projects . The City Manager indicated that resident inspectors ra� t0r ' would make note of these to ensure their replacement by the cont if removal was necessary . 10 . NEW BUSINESS (a ) EMPLOYEE APPOINTMENTS ( PROMOTIONS ) It was moved by Councilman Graves , seconded by Councilman Tele to 152 council Minutes , May 17 , 1971 (a ) consent and approve the promotions of Owen Mi . Carlson to Engineering Technician III , and James A . Heuer to Meter Reader II g g carried 7 - 0 . The motion (b ) PETITION FOR ALLEY PAVING FrZOL1 WEST 27TH TO WEST 28TH STREET BETWEEN ALABAIVj�A AVENUE AND BIRCHWOOD PARK Councilman Fleetham moved that staff prepare prelimi mnary reports on i that improvement. Councilman Thiel secondedd 7 - 09 anthe motion carried (c ) BUILDING CONDITION - ?. ; TH AND JOPPA Councilman Fleetham moved to waive reading and adopt resolution ordering the owners of hazardous building within the City of St . Louis Park to correct the hazardous conditions , Councilman Graves seconded the motion. Councilman Galinson moved to table . Councilman Reynolds sec � .ided but the motion was defeated 3 - 40 Councilmen Thiel , Heltzer , Fleetham and Graves voting nay . Vote on the original motion was defeated 3 - 4 , Councilmen Galinson , �S Reynolds and Graves , and Mayor Howard voting nay. Councilman Thiel moved that the owners be requested to remove the hazard and if they have not complied in thirty days , the resolution be brought back for Council consideration. Councilman Graves seconded and the motion carried 5 - 2 , Councilmen Graves and Heltzer voting nay. (d ) CLOSING HOURS FOR FOOD SERVICE - LIQUOR ESTABLISHMENTS 0. let Councilman Reynolds moved that s gaff prepare ordinance alio food establishments to remain open after legal closing hour for liquor sales . ales Councilman Thiel seconded and the motion carried 7 - 0 . (e ) PLAY-GROUND AREA AT WES TW OOD JUNIOR HIGH SCHOOL Councilman Galinson moved that letter be . sent to School Board from Cit y Council asking that they work with the City in establishing a parkf 'rf Playground on the southern tip of Westwood Junior High School property. P P Y• CourIcilman Fleetham seconded and the motion carried 7 - 0 . �f ) CG�MISSION APPOINTMENTS Mayor Howard recommended the reappointment of Roger Israel for full terms on the Housing and Redevelopment Authority . Councilman Heltzer t 153 Council Minutes , May 17 , 1971 owed approval • Go �c �n,an Thiel seconded and the motion carried 7 _ p , gyp • (f ) m Robert Thompson, to reappoint Charles CGnosnnciis s 0 on . Councilman Councilman Thiel moveds on Henan Rights and James Samples to full term Graves seconded and the motion carried 7 � • - (g ) REVENUE SHARING BILL - (SE N.P� T OR MUSKIE ) that the its approval of this dill . r; ty Majiaber express 'Council asked 11 . MISCELLANEOUS (a ) PARKING AREA - LAKE STREET , GEORGIA AND IDAHO AVENUES roceed to make Manager asked Council if they wanted Staff temprary improvement. The City g arl:ln as P those two stub streets into off - street p g again provided with the facts Councilman Heltzer asked that Councils a e also asked that thi . natter concerning this matter , including cost be referred to the Planning Commission . (b ) REPRESENTATIVE TO METROPOLITAN TRANSIT COMMISSION Councilman Galinson moved that President Pro - Tem be representTransit along with the Mayor , to appoint a representative to Mettoopolcaanied 7 - p • Commission ., Councilman Graves seconded and the mo 12 , CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS (a ) VERIFIED CLAIMS On motion of Councilman Galinson , seconded by Councilman Fleethamp the lists of verified claims prepared by the Director of Finance and presented to the Council dated May 17 , 1971 in the total amounts of $ 37 423 , 97 for payroll , and $ 91 , 772 . 10 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 . 13 . ADJOURNMENT On motion of Councilman Fleetham , seconded by Councilman Heltzer , the meeting was adjourned at 10 : 55 p . m . by a seven yea vote . L � Prank J . Ho Vayor Atte st ' ^ G elte Alice M . Carlson , Secretary 154