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Home My WebLink About1971/08/30 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL, MEETING ST * LOUIS PARK MINNESOTA August 30 , 1971 I • CALL TO ORDER A regular meeting of the City Council was called Howard at 8 : 17 p , m , to order by Mayor Z. INVOCATION Invocation was given by Rev . EverettTande of the Church Ascension Lutheran 3 , ROLL CALL The following Councilmen were present at roll calla Frank Fleetham Murray Galinson Richard Graves James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City 1vianager , Assistant Cit Man Attorney Planning Director , Director of Public Works andrS City , Secretary, 4. 14INUTES on Mote on of Councilman Fleetham minutes , seconded by Councilman Thiel , the Of the regular meeting held August 16 , 1971 , were approved by a seVen yea vote by amending last paragraph on page 236 as follows : " The Planning Director explained that the present request was for 16its per acre and the density permitted is 25 . 6 units per acre " an page 237 last paragraph ., r t P don rrients . . access be approved by appropriate depart - ' and cornmissions . 5• PUBLIC HEARINGS Ca , PROPOSED ASSESSMENT , IMPROVEMENT NO, 6648D, SIDEWALK ( IiEARING � CONTINUED FROM AUGUST 16 , 1971 ) tIt was moved by Councilman Fleetham , seconded by Councilman Graves ; o continue the hearin to Se tember 13 , 1971 , The motion carried - p g P re This action was taken at the request of the attorney presenting the property owners , l � 247 Council Minutes , August 30 , 1971 5 , (b ) PROPOS ED ASSESSMENT , IMPROVEMENT NO. 70 - 06 , STORM SEWERAS DESCRIBED IN NOTICE OF HEARING PUBLISHED , AUGUST 5 , 1971 Mayor Howard opened the hearing . Jr . Attorney , 9808 Wayzata A letter from George C . Gubbi .qs , cord ob ' ecting to the special Boulevard , was received for the re J assessment . There being no one present wishing to speak on this matter , Mayor Howard declared the hearing closed , RESOLUTION NOS 4317 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4317 entitled , " Resolution Adopting Assessment Improvement No . 70 - 06 . " The motion carried 7 - 0 . (c ) APPLICATION OF ELLIOTT GOULET , BERNIE ' S PARK DELICATES - SEN & RESTAURANT , 4212 WEST LAKE STREET FOR OFF- SALE LICENSE FOR NON- INTOXICATING MALT LIQUOR Mayor Howard opened the hearing „ There being no one present wishing to speak , the Mayor declared the hearing closed . It was moved by Councilman Thiel , seconded by Councilman Heltzer , to grant the license . The motion carried 7 - 0 . 6 . PETITIONS , REQUESTS , AND CO. . 1M UNICA TI ONS (a ) COMMUNICATION FROM CITIZENS ADVISORY COMMITTEE RELATIVE TO TAX PLAN (SEE MINU 'T' ES OF AUGUST 12 ) Councilman Heltzer indicated it was the majority opinion that it would be useful to have a meeting of the Council and / or Citizens Advisory Committee and legislative representatives on the whole tax picture . Mayor Howard suggested that the representatives be invited and that the Citizens Advisory Committee be contacted as to the time of such a meeting . (b ) COMMUNICATION FROM CITIZENS ADVISORY COMMITTEE CONCERNING DUTCH ELM DISEASE (SEE MINUTES OF AUGUST 12 ) 248 'ouncil Minutes , August 30 , 1971 6 . (b ) There was discussion about methods of detecting and ° Dutch Elm disease on public , private , and railroad prornbating erty. It was the consensus of the Council that present ordinance permit action that would be quick enough to preventspread do not disease . Councilman Thiel indicated that he would bring of the to the Hennepin County -1-jeague of Municipalities for their g this matter I It was suggested by Councilman Galinson that a seminar be cond ration. for city field employees by the State Forestry Service or the University conducted of Minnesota to educate them in the detection of the disease , (c ) COMMUNICATION FROM BUD BORAN REQUESTING COUNCIL TO / RECONSIDER SPECIAL PERMIT REQUEST ( CASE NO. 71 - 32 - S , P AND REFER IT BACK TO THE; PLANNING COMMISSION It was moved by Councilman Graves , seconded by Councilman Galinson , to reconsider the request for special permit . The motion carried 7 - 0 . Councilman Graves moved to refer this matter to the Planning Commission . Councilman Galinson seconded and the motion carried 7 - 00 7 . RESOLUTIONS AND ORDINANCES (a ) SECOND READING OF PROPOSED ORDINANCE AMENDING HOME RULE CHARTER , SECTION 5 . 02 (b ) ENTITLED " POWERS AND DUTIES OF THE CITY MANAGER " , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 5 , 1971 ORDINANCE NO , 1163 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive second reading and adopt Ordinance No . 1163 entitled , "An Ordinance Amending Section 5 . 02 (b ) of the St. Louis Park Home Rule Charter Entitled ' Powers and Duties of the City Manager ' . " The motion carried 7 - 0 . (b ) SECOND READING OF PROPOSED ORDINANCE. VACATING PORTIONS OF STREETS AND ALLEYS IN WOL' FE PARK ORDINANCE NO. 1164 It was moved by Councilman Galinson , seconded by Councilman Graves , to waive second reading and adopt Ordinance No . 1164 entitled , " An Ordinance Vacating Portions of Streets and Alleys in Wolfe Park The motion cars- ied 7 - 0 . 249 Council Minutes , August 30 , 1971 7 . (c ) RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IMPROVEMENT Nps , 68 -- 57 , 70 - 04 , 70 - 151 70 - 17o 70 - 43 , ? 0 - 44 , 70 - 51 , 70 - 241 AND 70 - 24A RESOLUTION NO. 4318 It was moved by Councilman Reynolds , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4318 entitled , " Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment Improvement Nos . 68 - 57 , 70 - 04 , 70 - 151 70 - 17 , 70 - 43 , 70 - 442 70 - 51 , 70 - 24 and 70 - 24A , " The motion carried 7 - 0 . (d ) RESOLUTION CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT IMPROVEMENT NOS . 68 - 57 , 70 - 04 , 70 - 15 , 70 - 17 , 70 - 43 , 70 - 44 , 70 - 511 70 - 241 AND 70 - 24A RESOLUTION NO, 4319 It was moved by Councilman Thiel , seconded by Councilman Galinson, to waive reading and adopt Resolution No . 4319 entitled , " Resolution Calling Public Hearing on Proposed Special Assessment Improvement Nos , 68 - 57 , 70 - 04 , 70 - 15 , 70 - 17 , 70 - 430 70 - 44 , 70 - 51 , 70 - 24 , and 70 - 24A . " The motion carried 7 - 0 . Hearing was set for September 20 , 1971 . (e ) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES - PRIMARY ELECTION , SEPTEMBER 14 , 1971 RESOLUTION NO. 4320 It was moved by Councilman F. , ynolds , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4320 entitled , " Resolution Setting Polling Places and Naming Election Judges for City Primary Election September 14 , 1971 . " The motion carried 7 - 0 . (f ) RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT , IMPROVEMENT NCS ' 60 - 96 , 69 - 38 , 69 - 392 70 - 14 , 70 - 161 70 - 18 70 - 22 , AND 70 - 31 , 70 - 23 , 70 - 47 , 69 - 17 , RESOLUTION NO . 4321 It was moved byCouncilman Thiel , seconded b Councilman Heltzen to waive reading and adopt Resolution No . 4321 entitled , " Resolution 250 Council Minutes , August 30 , 1971 10 (f ) Declaring Cost to be Assessed and Ordortng Preparation of Proposed Assessment Improvement Nos , 60 _ 96 , 69 - 38 69 - 39 , 70 - 14 70 - 16 ? 0 - 18 , 70 - 23 , 70 - 47 , 69 .. 17 , and 70 - 22 . " The motion carried 7 - 0 . (g ) RESOLUTION CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT IMPROVEMENT NOS , 60 - 96 , 69 - 38 , 69 - 39 , 70 - 14 , 70 - 160 70 - 181 70 - 231 70 - 47 , 607 - 17 RESOLUTION NO . 4322 i It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4322 entitled , " Resolution Calling Public Hearing on Proposed Special Assessment Improvement Nos . 60 - 96 , 69 - 38 , 69 - 39 , 70 - 14 , 70 - 169 70 - 181 70 - 23 , 70 - 47 , 69 - 17 . " The motion carried 7 - 0 . Hearing was set for September 27 , 19 71, (h ) RESOLUTION CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT IMPROVEMENT NO, 70 - 22 RESOLUTION NO, 4323 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4323 entitled , " Resolution Calling Public Hearing on Proposed Special Assessment Improvement No . 70 - 22 , " The motion carried 7 - 0 . Hearing was set for September 20 , 1971 . 8• REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF PLANNING - COMMISSION RECOMMENDING APPROVAL OF REVISED WORKABLE PROGRAM 1971 - 1972 RESOLUTION NO. 4324 It was moved by Councilman Galinson , seconded by Councilman lieltzer , to waive reading and adopt Resolution No . 4324 entitled , " Resolution Approving Revised Workable Program for Certification front September 1970 to September 1972 and Authorizing City Manager to Subrni the Same to the Department of Housing and Urban Development. " The motion carried 6 - 1 , Councilman Graves voting nay. (b ) REPORT OF PLANNING COMMISSION ( CASE NO. 71 - 19 - S ) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF PARK NATIONAL BANK FOR APPROVAL OF PRELIMINARY PLAT ' AMOR ADDITION 251 1 Council Minutes157 , August 30 , seconded by Councilman b It was moved by Councilman Fleetheam�ninary plat , The motion 8 . ( ) approval of the pr Reynolds to deny aPP en Thiel , Graves , Heltzer , Galinson , was defeated 2 - 5 , Counc: ilm voting nay . Councilman Galinson moved to defer and Mayor Howard to September 7 , 1971 • Councilman Thiel seconded and the motion carried 7 - 0 . c REPORT OF PLANNING COIvIiv'ISSIOiV ( CASE NO . 69 - 90 - P ) RECOMMENDING THAT OWNERS EMPLOY PROFESSIONAL CONSULTANT FOR PARKING AND 'TRAFFIC STUDY AT LILAC WAY AND KINGS INN DEVELOPMENT It was moved by Councilman Galinson , seconded by Councilman Graves , that staff corm-nuni. cate to thu property owners the recom - mendation of the Planning Conr.nission . The motion carried 7 - 0 . (d ) REPORT OF PLANNING COMMISSION ( CASE NO. 71 - 50 - RE ) RECOMMENDING LOCATION OF LIFT STATION NEAR HIGHWAY 7 AND FRANCE AVENUE Councilman Graves moved to recommend Site 3 , southeast corner of the Lakeland Motel property ,, Councilman Heltzer seconded . The City Manager indicated he would like option of investigation of Sites 1 , 2 , and 3 because of the cost factor ., Councilman Graves withdrew his motion and moved to defer , with authorization for City Manager to negotiate for one of the sites and report back to the Council , Councilman Galinson seconded and the motion carried 7 - 0 , ( e ) REPORT OF CITY MANAGER (M & C NO. 71 - 29 ) RELATIVE TO CATV Councilman Galinson moved to direct: staff to have all proposals from companies interested in CATV in St , Louis Park be in the staff s hands by Monday ; October 4 , and that the Council set a date by October 18 to meet and discuss the matters dwith thero onents and that the Council set Monday November 1 to be the n Pht of the Public hearing . Councilman Thiel felt this was not sufficient time to get this information , although he felt there was some urgency in the matter . Councilman Galinson moved to substitute October 12 for the first date and the second date be November 8 and that a public hearing be set as soon thereafter as practicable . Councilman Thiel seconded and the motion carried 7 - 0 . (f ) REPORT OF PLANNING COMMISSION ( CASE NO . 69 - 26 - MISC ) RECOMMENDING IDAHO AND GEORGIA BE IMPROVED WITH 252 Council Minutes , August 30 , 1971 8 . (f ) TEMPORARY PAVEMENT AND STRIPED FOR ( REFERRED TO PLANNING USE By COUNCIL AS PARKING LOTS 1971 ) UNCIL ON MAY 7 , Councilman Heltzer moved that Idaho and Georgia A with temporary pavement and striped for use as venues be improved comments of consultant be - Parking lot and � �F - emented at the proper time Counc ' _ man Graves seconded and the _notion carried 7 _ 0 it ( g ) REPORT OF PLANNING COMMISSION ( CASE NO* 71 - 14 _ RECONIMENDING APPROVAL OF OVERALL SITE PLA S . Pe ) METHODIST HOSPITAL N, RESOLUTION NO, 4325 It was moved by Councilman Fleetham , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4325 entitled " Resolution Amending Resolution No . 3955 Granting Permit Under Sections 6 : 176 . 4 and 6 : 092 . 8 of the St . Louis Park Zoning Ordinance for Residential Development Unit , Institutional Project , and Medical Office Building , It with the condition that portions of the creek be immediately dedicated . The motion carried 7 - 0 . (h ) REPORT OF PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANTING STRIP ON SHE LARD PARKWAY It was moved by Councilman Galinson , seconded by Councilman Graves , to approve the planting strip on Shelard Parkway . The motion carried 7 - 0 , (1 ) REPORT OF STREETS AND HIGHWAYS SUBCOMMITTEE RELATIVE TO TRUCK TRAFFIC ON A LABA1VlA AVENUE FROM WEST 37TH STREET TO EXCELSIOR BOU aEVARD ( CASE NO. 71 - 48 - T ) - REFERRED TO PLANNING C01VIlvi.ISSION BY COUNCIL JULY 19 , 1971 Councilman Reynolds moved to post truck routes for identification . Councilman Thiel seconded and the motion carried 7 - 0 . Councilman Thiel moved that a program of systematic law enforce - ment be instituted , especially during the before and after school Period , that a letter be sent to all businesses in the area with Perhaps some personal follow - up apprising them of the situation and Seeking their cooperation in instructing drivers under their cOntrOl to treat this residential area with as much respect as Possible ., and a meeting be arranged with the residents to reassure them of Council ' s concern and increase their understanding of the Present situation and future plans for the area . Councilman 253 Council Minutes , August 30 , 1971 g . ( i ) Galinson seconded and the motion carried 7 - 0 . (J � REPORT OF TRAFFIC STUDY ( NO, 22 ) - INTERSECTION OF TEXAS AVENUE AND CEDAR LAKE ROAD It was moved by Councilman Galinson , seconded by Councilman Graves to authorize construction of the intersection as suggested by Exhibit " B " . The motion carried 7 - 0 . (k ) REPORT OF TRAFFIC STUDY ( NO . 23 ) - TRAFFIC REGULATIONS IN PAVING IMPROVEMENT AREA NO . 71 - 01 RESOLUTION NO. 4326 It was moved by Councilman Reynolds , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4326 entitled , " Resolution Authorizing Placement of Stop , Yield and / or No Parking Signs for Traffic Control . " The motion carried 7 - 0 . (1 ) REPORT OF TRAFFIC STUDY ( NO. 20 ) - 38TH STREET BETWEEN EXCELSIOR BOULEVARD AND FRANCE AVENUE It was moved by Councilman Heltzer , seconded by Councilman Graves , to refer this matter to the Planning Commission for their advice and recommendation . The motion carried 6 - 1 , Mayor Howard voting nay . (m ) MONTHLY FINANCIAL REPORT - JULY 1971 Upon hearing no discussion , the report was ordered by the Mayor to be received for filing . (n ) MINUTES OF PLANNING C01v _ly1ISSION MEETING HELD AUGUST 18 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing . (o ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD AUGUST 10 , 1971 Upon hearing no discussion , the minutes were ordered by the Mayor to be received for filing , (p ) MINUTES OF STREETS AND HIGHWAYSTEE MEETING HELD AUGUST 12 , 1971 SUBCOMMIT Upon hearing no discussion , the minutesed by the Mayor to be received for filin were order �54 � Council Minutes , August 30 , 1971 8. (q ) MINUTES OF CITIZENS ADVISORY HELD AUGUST 12 , 1971 COMMITTEE MEETING Upon hearing no discussion , the mi Mayor to be received for file � nutes were ordered by the Ing J 9, UNFINISHED BUSINESS ( a ) REQUEST OF RICHARD NESLUND FOR SPE NO, 71 - 28 - S . P . ) UNDER SECTION F ? 6S 4 SPECIAL PERMIT ( CASE ORDINANCE. FOR A RESIDENTIA THE ZONING 280 APARTMENT UNITS UNDER A pEVELOpMENT UNIT OF UNIT ON PROPERTY LOCATED ANNED DEVELOPMENT NOR EAST OF NATCHEZ ) WEST OF THE JEyYOls CEDAR LAKE ROAD , ( CONSIDERED BY COUNCIL AUGUST 16 , SH COMMUNITY CENTER PLANNING COMMISSION ) 400 REFERRED TO Councilman Galinson explained that in view of the request by Mayor of Golden Valley he felt that this matter shouldbe deoff the erred . Councilman Thiel complimented the Planning Commission on the revised plan and all the consideration that had been a0 nd staff to this matte r , g en Mr , ,Tim Windey , 1601 Princeton Avenue , representing property owners in Cedarhurst Addition , said they were not opposed to he project and felt the decision is now up to the Council . Mr . Jim Hawks , Midwest Planning , representing the developer , said he realized there was a need for solutions for traffic problems in the area and that both the -; ounty and State presently had these studies underway.y. tie said it would be approximately two years before the Cedar Trails develo 3ment would be completed and that a solution should be able to be worked out in that time , He indicated that they were eager to have this approved so that work could be begun before winter , It was moved by Councilman Galinson , seconded b Councilman HeltZer ot Y to defer this matter to September 20 . Counci� an Reynolds said he felt that the PlanningCommission had given this matter a comprehensive review and that he was in f avOr of this plan since it was much superior , P or , f o clan Thiel explained that it was unfortunate that approximately P PP fiv ° r six years ago when the bridge was torn down there was continued eloPment in the area , that Council felt Gambles and the Jewish 255 �.- ' Council Minutes , August 30 , 1971 9 . a Community Center should be permitted to build , and that Council ( � th Golden Valley should be able to get together wiay ork out the traffic problems . He could see no reason for delay . Vote on the motion to defer was defeated 4 - 3 , Councilmen Thiel , Reynolds , Fleetham , and Mayor Howard voting nay . RESOLUTION NO . 4327 It was moved by Councilman Thiel to waive reading and adopt Resolution No . 4327 entitled , " Resolution Granting Special Permit Under Section 6 : 176 . 4 Of the St . Louis Park Zoning Ordinance for Residential Development Unit , Two Hundred Eighty Unit Apartment Building Richard Neslund . " Councilman Fleetham seconded amending the motion that no workmen , supplier , or vendors use Natchez , Ottawa , Princeton , Quentin , 16th Street or Old Cedar Lake Road to gain access to the project . The maker of the motion agreed to the amendment . Vote on the resolution as amended carried 4 - 3 , Councilmen Galinson , Graves , and Heltzer voting nay . (b ) RESIDENCY - COUNCILMAN REYNOLDS Councilman Reynolds made a statement of circumstances surrounding his residency . He was asked if he was taking calls from his constituents . Councilman Reynolds indicated that his telephone number had not been changed and that he was taking care of all callers as he always has done . He was also asked if he was now running for a Councilman . at - large seat and he replied affirmatively. Councilman Fleetham moved to refer this matter to the Attorney General for his opinion ° Councilman Thiel seconded and the motion carried unanimously . The City Attorney asked what facts should be presented to the Attorney General and Councilman Galinson indicated that he felt any facts Councilman Reynolds wanted to add should be made a part of the findings of fact . 10 . NEW BUSINESS ( a ) TAX RELIEF FOR THE ELDERLY Councilman Reynolds read a letter from an elderly citizen which indicated extreme hardship of maintaining a home in St . Louis Park for the senior citizens must bwith low income and in poor health . It was his feeling that there p some e some way to give these people tax relief . 256 r Council Iviinute s , August 30 , 1971 i 10. (b ) REGISTRATION BY LEAGUE OF WOMEN VOTERS The League of Women Voters , in a letter to the Coun ' cil , explained that they were having an informational meeting relative election and asked permission to register voters at tha to the City Councilman Heltzer moved that this permission be rat time . man Graves seconded and the rnoti g nted . council . on carried 7 _ 0 . 11 . MISCELLANEOUS ( a ) DAMAGE CLAIMS i 1 . Martha Elstrom 3316 Yosemite 2 . Thomas C . Carson , 2901 Raleigh Avenue 3 . Mrs . Darrel McIntosh , 2551 Xenwood Avenue { It was moved by Councilman Heltzer , seconded by Councilman Thiel to file above claims with the City Clerk for proper action by the City Manager and City Attorney . The motion carried 7 - 0 . (b ) COMMUNICATIONS FROM CITY MANAGER 1 • SALE OF CITY PR OPE R T Y The City Manager explained that he had a request from a citizen on Pennsylvania Avenue to purchase ten feet of Lot 26 , Boulevard Heights Second Addition. Councilman Heltzer moved to approve negotiations for sale of this property . Councilman Thiel s � *� onded and the motion carr * ed . 7 - 0 . 2 . AD FOR BIDS , PAVING , SHELARD PARK RES OLUTI ODN NO. 4328 It was moved by Councilman Galinson , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4328 entitled , " Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Improvement No . 71 - 14 . " The motion carr1ed 7 _ 00 3 • ACCEP 'T'ANCE OF DEED It Was moved by Councilman Galinson , seconded by Councilman Reynolds , to accept deed for right of way for Louisiana Avenue from Methodist Hospital . The motion carried 7 - 0 . 257 A i Council Minutes , August 30 , 1971 AND CONTRACT PAYMENTS 12 , CLAIMS , APPROPR � TIONS , ( a ) VERIFIED CLAIMS None (b ) CONTRACT PA 'YMENTS Final Payment , Amendment No . 1 , Improvement No . 71 - 01 # Contractor , H . J • A • Sanitary Sewer and Force Maine 089 . 05 . Construction Co . Amount , RESOLUTION NO. 4329 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4329 entitled , " Resolution Accepting Work on Sanitary Sewer Force onl carried Improvement No . 71 - 01 Amendment No . 1 . The mots 7 - 0 . 13 , ADJOURNMENT On motion of Councilman Graves , seconded by Councilman Thiel , the meeting was adjourned at 10 : 20 p . m . by a seven yea vote . Frank a d , Mayor Attest : Alice Me Carlson , Secretary 258