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HomeMy WebLinkAbout1971/06/21 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST , LOUIS PARK , MINNESOTA June 21 , 1971 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 10 p • m . Z, INVOCATION r Invocation was given by Rev . James Jenkins of the St. George ' s Episcopal Church. 3 , ROLL CALL The following Councilmen were present at roll call : Frank Fle etham Murray Galinson Richard Graves James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , City Assessor , Director of Finance , Chief of Police , and Secretary. 4, MINUTES the m Oa motion of Councilman Fleetham , seconded by Councilman Galinson ,l4 and inutes Of the regular meeting held June 7 , 1971 and special meetings of June June 16, 1971 , were approved by a seven yea vote with the following addition on PERMIT FOR MARKER BEACON � Page 172 : Item 9 ( g ) AGREEMENT WITH MAC - F ' AND ANTENNA - It was moved by Councilman Graves , seconded by Co 6c 0 an ' / 47 Galinson , to authorize execution of the agreement . The motion carred � PUBLIC HEARINGS (a1 IMPROVE 71 - 13 CONSTRUCT AND INSTALL CONCRETERET IMPROVEMENT NO. , ALL,Ey PAVING FROM WEST 27TH STREET TO WEST 28TH DESCRIBED BETWEEN ALABAMA AVENUE AND ZARTI-IAN AVENUE , , IN NOTICE OF HEARING PUBLISHED JUNE 10 AND JUNE 17 , 1971 - h4,aYor Howard opened the hearing . There be ' • n to speak , the Mayor declared the T being no one present wishi g wring closed . k185 1 Council Mi_aute s , June 21 , 1 `3 5 . ( a ) RESOLUTIGN NC. 4263 It was moved by Councilman Fleetham , seconded by Councilman Heltzer , to waive reading and adopt Resolution NoP• re263 itled , " Resolution Ordering Lmprovement and Ordering y O Orderingn of Pians Improvement No . 71 - 13 . " The motion carried . (b ) PARKING STUDY ( CASE NO. 70 - 37 - P ) FOR AREA BOUNDED BY JOPpA , FRANCE AVENUE , HIGHWAY 7 AND: SUNSET BOULEVARD Mayor Howard opened the hearing . The City Manager explained that the Council had previously authorized a study of the parking problem in the area by a consultant to work with residents and business men in the neighborhood to find a mutual solution. Mr . Arnold Ullevig , representing the consultant , Bather , Wolsfeld & Ringrose , explained the area studied and the nature of the study. Mr . Bill Thibault , Planning Director , informed Council that the planning Commission had held an information meeting and received several good ideas of the people . Mr . Jack Robins , 3921 West Sunset Boulevard , indicated that he was opposed to any expansion of the parking lots north of Minnetonka Boulevard . Mr . and Mrs . Arnole. 'molt , 2 ? I ° aunt nnton Avenue , expressed concern that the proper-y adjacent to theirs would be acquired and parking expanded into that area . Mrs . Shirley Orenstein , 4201 West Sunset Boulevard , suggested that parking in the municipal lot be on a limited time basis and that a parking lot be constructed south of Minnetonka Boulevard for longer term parking . Mrs . Rosemary McHugh , 2 101 West Sunset Boulevard , said that she would like residents to be more active in this matter . The Mayor explained that notices had been sent to all those living in the area of the study . After considerable discussion , Councilman Fleetham moved that the following steps be taken : ( 1 ) The City upgrade the municipal lot b resurfacing , necessary , and by striping , adding additional curbif ing and new landscaping , (this to be assessed ) ; ( 2 ) The City enforce the re ui g e zoning ordinance with property owners ' q ements of th Improving their lots by adding curbing , landscaping , surfacing , atrip�ng and driveways a consultant , and as sho"�vn on the lands as long s suggested by the ordinance ; ( 3 ) That the City take oif street g they conform to the zoning to determine the changes in the uge a Parking counts on a periodic ms ' s existing on - street park ' be reg and demand for parking ; (4 ) That the That the re - use of retained until it becomes necessary to resnove the proAe ,. ty in and around J 'oppa and Highway 7 186 council Minutes , June 21 , 1971 � (b ) south of Minnetonka Boulevard be considered as to improve off street parking �n the area and to poss a eet p y provide for overflow parking for areas to the north ; ( 6 ) That a traffic signal study be undertaken perhaps jointly by the Citys County and State for the area of Highwa 7 Mi Boulevard , Glenhur st ; ( 7 ) The CitN ' Y nnetonka y improve the parking lot in Inglewood south of Minnetonka and consider encouraging some long term employee parking from the north side . Councilman Galinson seconded and the moti carried 7 - 0 . on Councilman Heltzer moved to direct Planning Commission to look in to the requirement of the B - 1 zoning that a property owner who owns a B - 1 zoned lot is permitted to develop an adjacent B - 1 zoned lot to depth of 75 feet in terms of what it might do to the integrity of the neighborhood . Councilman Fleetham seconded and the motion carried 7 - 0 . Councilman Fleetham moved to request a pedestrian , vehicle activated signal at Joppa and Inglewood . Councilman Reynolds seconded and the motion carried 7 - 0 . Councilman Fleetharn moved to direct a study of Sunset and Inglewood as to whether there should be a 2 - way or 4 - way stop . Councilman Graves seconded and the motion carried 7 - 0 . (c ) PROPOSED VARIANCE FROM THE REQUIREMENTS OF SECTION 6 : 064 . 5 OF THE ST . LOUIS PARK ZONING ORDINANCE FOR THE PURPOSE OF ALLOWING A FRONT YARD SETBACK OF 28 FEET INSTEAD OF THE REQUIRED 35 FEET AT 4221 CEDAR STREET , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 10 , 1971 Mayor Howard opened the hearing . There being no one present wishing to speak , Mayor Howard declared the hearing closed . RESOLUTION NO. 4264 It was moved by Councilman Heltze r , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4264 entitled , " Resolution 6 ranting V ariance in Front Yard Depth from the Requirements of Section I 064 . 5 of 7 the St . Louis Park Zoning Ordinance . " The motion carried 0 (d ) AI'PUCA TI ONFOR AMENDMENT TO NON - INT OXICA TING MALT LIQUOR LICENSE OF THE PIZZA HOUSE , INC . AT 4530 - 4532 EXCELSIOR $ ()UL'EVARID , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED UNE 10 , 1971 �ayO r Howa r d opened the hearing . 187 =cil Minuces 9 :l une d ) Mr . Herb Davis , ai-torna ; , aid Mr . Tont Thielges , applicant , were 5 , • 1 present to answer questions of `he ; ounce_ . Mx , Thieiges expiainec� that them' area ? icensed far non - intoxicating liquor was doing the larger portion oi their business and , therefore , they want to expand it to inc uda the entire facility . There being no one else pr ' sent `T11 thing to speak , Mayor Howard declared the hearing closed After discussion and reminder to the applicant concerning laws regulating minors , Councilrzar_ Graves moved to approve the amendment to the license . Councilman Gaiin: on seconded and the motion carried 7 - 0 . ;e ) APPLICATION FOR INTOXICATLINU LIQUOR LICENSE REQUESTED BY HICKORY WHEEL BAI2 Bi Q, r .F. STATJP_ANT , 5420 EXCELSIOR BOULEVARD , AS Dr. SCRIBED IN, NOTICE OI' FI.24;A. RING PUBLISHED JUNE 10 AND JUNE 17 , 1971 Mayor Howard opened the heaxinrt , There being no one present wishing to speak, Mayor Howard declared the hearing closed . After discussion conce .� .Ling the financial condition of the applicant Councilman Galins on moved to defe r the matter to July 12 , 1971 . The motion was seconded ay Coanci?-nan seltzer , After discussion , this motion was defeate ;'_ a - 3 , Counc lman ^'_ eetham.. Graves , Reynolds , and Mayor Howard voting nay , Mr . PhLl r-jder , r. Mesi :ient of the Northern Franchises , Inc . which owns Hickory- Wheel Bal �J_ :i - E - nforMed Course' that, it is no longer a franchise operation ., He expi2.i ed that he is ..pow sole owner and has family financial baclzing , There was discussion concerning unresolved parking problems ' in the area of Lilac Way anti Ki ngI s Inn , It was moved by COuncilm. an Helt� er `.o defer this matter to July 12 , with Mr . Eder providing a current financial statement , profit and loss statement , and reasons why he feels he call + financial backing from Edina State Banwith prese :�t obligati Bank. ons a<: C ' t; i cens ,Stare Bank . Councilman Galns °n Howard vot seconded and the Motion cQrr . d r ed - - ?• , Councilman Fleetham and Mayor ing nay . { C �ur_cilr,, an F` o ;i:folds �,= r4s out of the chambers ) * ' . PETITIONS , RE=QUESTS , AND CO._ MMTTNICAT_. IONS None 18 ° Council Minutes , June 21 , i y, i 1 . RESOLUTIONS AND ORDINANCES (a ) FIRST READING OF PROPOSED ORDINANCE AMENDING SECTION 6 OF THE ST * IS PARK HOME RULE CHARTER ENTITLED "EM APPROPRIATIONIN BUDGET ENCY It was moved by Councilman Galinsons seconded by Councilman Graves , to waive first reading of proposed c; rdinance and set date for second readin July 6 , 1971 . The motion carried 7 - 00 g (b ) FIRST READING OF PROPOSED ORDINANCE AMENDING SECTION 4 . 08 OF THE ST . LOUIS PARK HOME RULE CHARTER ENTITLED " CANVASS OF ELECTIONS AND TAKING OF OFFICE " It was moved by Councilman Galinson , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second reading July 6 , 1971 . The motion carried 7 - 0 . (c ) RESOLUTION SETTING DATE FOR ADVISORY REFERENDUM ( REQUESTED BY COUNCILMAN HELTZER ) The City Attorney explained that his office has researched this matter and checked with the League of Minnesota Municipalities and Attorney General ' s Office and there does not appear to be any authority in this State for the authorization by the City for an advisory referendum of this types neither by statute nor by interpretation of common law , Councilman Heltzer explained that he understood Moorhead , Minnesota had conducted such a referendum and asked that this matter be researched to discover by what authority this had been done by that community. It was moved by Councilman Heltzer that Council ask for an Attorney General ' s written opinion regarding the legality of - such a referendum in the City. Councilman Graves seconded the motion . Mr. Keith Meland , 7836 Cambridge , requested affirmative action on this resolution. Councilmen Thiel and Fleetham indicated their opposition to the resolution, asking for a referendum , but also indicated their opposition to the war . Motion was defeated 3 - 4 , Councilmen Fleetham , Reynolds , Thiel , and Mayor Howard voting nay. Councilman Galinson requested that a resolution be brought to Council for consideration to indication opposition to War in Southeast Asia . (d ) RESOLUTION DESIGNATING ADDITIONAL DEPOSITORY FOR CITY FUNDS 1971 189 "1 . A14 . t.,. . . .: rim • . � (d ) RES 3L� UTT 7ON NO , '1265 It was moved by Councilman Graves ; seconded by Councilman Galinson, to waive reading and adopt Resolution No . 4265 entitled , " Resolution Designating Additional Depository for City Funds - 1971 . " The motion carried 6 - Oo ( �: ouncilxru:Z Reynolds Nvas out of the chambers ). (e ) RESOLUTION APPROVING SEGUR:'. TIES FOR COLLATERAL FROM EDINA STATE BANK OF' EDINA , MINNESOTA RESOLUTION NOo 4266 It was moved by CounciLTnan Galinson , se . : onded by Councilman Graves , to waive reading and adopt Resolution No . 4266 entitled , " Resolution Approving Securities fo :: Collateral from Edina State Bank of Edina , Minnesota . " The motion car =vied 6 G ._ ( Councilman Reynolds was out of the Chambers ) , (f ) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARK ORDINANCE: CODE ,SECTION 1 : 190 . 01 ENTITLED " MEMBERSHIP " AND SECTION 1 : 190 , 05 ENTITLED " TERM " RELATING TO THE CITIZENS ADVILSORY COMMISSION It was moved by Councilman Galinson , seconded by Councilman Graves , to waive first reading of proposed ordinance and set date for second .reading July 6 : 197 " . The motion. carried 4 - 1 , Councilman Fleetham voting nay because he did not want to enlarge commissions making it difficult to have a quorumo ( Councilman Reynolds and Councilman Galinson were out of the chambers ) . ( g ) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARK ORDINANCE; CODS, IN SUBDIVISION 1 OF SECTION 1 : 182 AND ADDING SUBDIVISION 8 OF SECTInN 1 : 182 ENTITLED " MEMBERSHIP OF COMMISSION AND T RMS " , R1I-ATING TO THE HUMAN RIGHTS COMMISSION It was moved by Councilman Gra-res , seconded by Councilman Thiel , to waive first reading of proposed ordinance and set date for second reading July 6 , 1971 , The motion carries? 4 Councilman Fleetham voting nay • ( Councilmen Reynolds and Gnscin. q%7are out of the chambers ) . (h ) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARK ORDINANCE CODE IN SUBDIVISION 1 OF SECTION 1 : 130 AND ADD ING SUBDIVISION 5 OF SECTION 1 : 130 ENTITLED " MEMBERSHIP OF COMMISSION AND TERMS " RELATINGTION ADVISORY COMMISSION TO PARKS AND RECRF.A► It was moved byCouncilman cy Councilman raves , seconded b o an Heltzer ► to � 190 ,ouncil mutes , June 21 , 1971 1. (h ) waive first reading i f proposed ordinance and set date for second 'i Jul 9 . The motion carried 4 - 1 reading Y Councilman Fleetham voting nay• ( Councilmen Galinson and Reynolds were not present (i ) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST . LOUIS PARKORDINANCE CODE IN SUBDIVISION 1 OF SECTION 1 : 124 AND ADDING UBDIVISION 5 OF S .jC TION 1 ; „ 124 ENTITLED MEMBER - SHIP OF COMMISSION AND TE RMC " , RELATING TO THE PLANNING C OMNiISSI ON It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading of proposed ordinance and set date for second reading July 6 , 1971 . The motion carried 4 - 1 , Councilman Fleetham voting nay. ( Councilmen Galinson and Reynolds were not present ) . 8, REPORTS OF OFFICERS , BOARDS , AND COMMITTEES (a ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD MAY 19 , 1971 Councilman Heltzer moved to authorize payment of dues in amount of $ 96 . 00 to League of Human Rights Commissions . Councilman Thiel seconded and the motion carried 4 - 0 . ( Councilmen Reynolds , Galinson , and Graves were not present ) . There being no further discussion , the minutes were ordered by the Mayor to be received for filing , f i (b ) MINUTES OF PLANNING COMMISSION MEETING HELD JUNE 20 1971 Upon hearing no discussion, the minutes were ordered by the Mayor to be received for filing. r (� ) PREIjjviINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESS - MENT REPORT WITH RESPECT TO IMPROVEMENT NO. 69 - 25 , PAVING , CURB AND GUTTER , AND SIDEWALK , NEVADA AVENUE FROM CEDAR LAKE ROAD TO WEST 22ND STREET AND WEST 22ND STREET FROM NEVADA AVENUE 500 ' WEST TO PROPOSED CUL- DE - SAC RESOLUTION NO. 4267 ,I It Wa8 moved by Councilman Thiel , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4267 entitled , " Resolution Calling ublic P ( Co Hearing on Improvement No . 69 , 25 . " The motion carried 4 - 0 . ?, uncilrnen Reynolds , Graves , and Galinson were not present ) . v N ��HED BUS INESS 191 Council Minutes , June 2- 1 ,i 9 . ( a ) TABULATION OF BIDS FOR ASPHALT PAVING , CONCRETE CURB AND GUTTER , SIDEWALK REPAIR AND MISCELLANEOUS CONTINGENT UTILITY WORK , IMPROVEMENT NO. I RESOLUTION NO. 4268 It was moved by Councilman Fleetr un , seconded by Councilman Thiel , to waive reading and adop � Resolution No . 4268 entitled " Resolution Accepting Bid for Improvement No . 71 - 01 . 11 The motion carried 4 - 0 , ( Councilmen Reynolds , Graves , and Galinson were not present ). The contract was awarded to F-L J . A . Construction Co . as lowest responsible bidder in amount of $ 663 , 809 . 70 . 10 . NEW BUSINESS (a ) EMPLOYEE APPOINTMENTS Councilman Thiel moved to consent and approve the appointments of Irene Garceau as Clerk II and Charles Hoffer as Meter Reader I. The motion was seconded by Councilman Graves and carried 6 - 0 . ( Councilman Galinson was not present ) . (b ) LAND ACQUISITION - WOLFE PARK , M & C NO. 71 - 23 It was moved by Councilman Thiel , seconded by Councilman Graves , to approve payment of $ 1 , 317 . 27 to ldaurice R . Woodrow for Lot 20 , Block 40 Westmoreland Park Addition . The motion carried 6 - 0 . ( Councilman Galinson was not present ) (c ) PROPOSED CHANGE ORDER NO. 1 - CONTRACT 922 , PROGRESSIVE CONTRACTORS , INC . - ADDITION OF ALLEY PAVING PROJECT , $ 52069000 , It was moved by Councilman Heltzer , seconded by Councilman Thiel , to authorize Mayor and City Manager to execute the proposed change order . The motion carried 6 - 0 . ( Councilman Galinson was not present ). (d ) ADVERTISEMENT FOR BIDS , TRAFFIC CONTROL SIGNAL S YSTEM , IMPROVEMENT NO. ? 1 - 06 , SIGNAL, SYSTEM AT WEST 33RD STREET AND TEXAS AVENUE It was moved by authorCouncilman Heltzer , seconded by Councilman Gravos ) to Galinson was not present ) , ize advertisement for bids . The motion carried 6 - 0 . ( COz1IIc �a ad ( e ) PROPOSED CHANGE ORD H • J • A . CONSTRUCTION CR N ©• 1 , IMPROVEMENT NO. 71 - 01 wER FORCE MAIN -• ONL'ANY , ADDITION OF SANITARY SE $ 11 , 0 � 8 , 50 192 Council Minutes , June 21 , 1971 10. (e ) It was moved by Councilman Fleetham t to authorize Mayor and City Manager to execute by Councilman Thiel , i order . The motion carried 4 - 0 Co to the proposed change Galinson were not present ) . uncilmen Reynolds , Graves and i 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Mrs . Edwin Papesh , 2757 Dakota Avenue It was moved byCouncilman Thiel , seconded b to file above claim with the ClY Councilman Graves , City Clerk for proper action by City Manager and City �, ttorney � The motion carried 6 - 0 , g was not present ) . ( Councilman Galinson (b ) EXPENSES INCURRED BY MRS , MERLE SEGA WITH COMMUNITY EDUCATION PROGRAM Z' IN CONNECTION Councilman Fleetham moved to authorize payment to fof expenses incurred by her in her work with Mrs . Segal h the Community Education Program . Councilman Graves seconded and the motion ( Councilman Galinson was not present ) . carried 6 - 0 . (c ) NATHAN GOLDSTONE ' S REQUEST FOR CHANGE � IB CONSTRUCTION - REPORT FROM DIRECTOR OFPUBLI C WORKS The Director of Public Works submitted muted a sketch of the proposed change in the curbing adjacent to the Brookside Drug Store which provided for an indentation into the boulevard area for the parkin Of three cars . There was discussion concerning the difficult of snow removal in this area. y Councilor an Reynolds moved that Mr . Goldstone be contacted with this Plan and the additional cost and if he wants the change he would have to cathe additional cost . Councilman Thiel seconded and the motion carried 6 _ 0 . ( Councilman Galinson was not present ) . (d ) PLAQUE AWARD - O VE GOODING It was announced that after many years of service on the Police Civil Service Commission Mr . Goodin had resigned , Councilman Graves ' mov g g ed that a plaque be prepared commending Mr . Gooding for his services to the City. Councilman Thiel seconded and the motion 1Z. carr1ed 6 ` 0 . ( Councilman Galinson was not present ) . CI-AlIvIS APPRO.PRIA TIONS AND CONTRACT PAYMENTS 193 Council Iviinutes , June 21 , 1971 12 . (a ) VERIFIED CLAIMS On motion of Councilman Graves , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 21 , 1971 in the total amounts of $4 , 662 . 82 for payroll , and $ 271 , 956 . 85 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 ( Councilman Galinson was not present ) . 1 . Partial Payment No . G - 7 , Ice Arena and Swimming Pool Recreation Facilities . Contractor , Henry O. Mikkelson Co . Amount , $ 141 , 171 , 60 . 2 . Partial Payment No . 5 , plant mix asphalt paving , concrete curb and gutter and sidewalk repair , Imp . No . 65 - 71B , 69 - 17 , 70 - 01 , 70 - 02 , 70 - 12 , 70 - 20 , 70 - 22 , 70 - 27 , 70 - 31 , and 70 - 45 . Contractor , Dycon Corporation . Amount , $ 141 , 963 . 71 . 3 . Partial Payment No . 2 , Grading Base , Concrete Curb and Gutter and Bituminous Surfacing , Imp . No . 70 - 24 . Contractor , Floyd Roberg Trucking Co . Amount , $ 10 , 348 . 24 . 4' 13 . 1A.DJOURNMENT On motion of Councilman Thiel , seconded by Councilman Graves , the meeting was adjourned at 11 : 35 p . m . by a six yea vote . rank J . Ho a d , Aayor Alice M. Carlson, Secretary 194