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HomeMy WebLinkAbout1975/01/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA January 6 , 1975 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Fleetham at 8 : 03 p . m . Z . INVOCATION Invocation was given by The Rev. Duane Sarazin of the Aldersgate Methodist Church . Councilman Thiel , on behalf of the Council , presented to Mr . James Heltzer the Lions ' Outstanding Citizen of the Year Award . 3 . ROLL CALL The following Councilmen were present at roll call : Seymour Druskin Richard Graves Rose - Mary Griak Lyle Hanks Keith Meland Frank Fleetham Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , City Assessor , and Acting Secretary . Councilman Thiel arrived at 8 : 17 p . m . 4 . MINUTES On motion of Councilman Hanks , seconded by Councilman Graves , the minutes of the regular meetings held December 2 , December 16 , and December 31 , 1974 , were approved by a six yea vote . Later in tie meeting Councilman Meland moved to add to Item 9 ( c ) of the minutes of December 2 , 1974 the following : after " more than one consecutive term , " . . . Lee Rickard being the exception because his election was delayed so he could succeed himself . " Councilman Griak seconded and the motion carried unanimously . 5 . AGENDA On motion of Councilman Graves , seconded by Councilman Griak , the 1 i r: Council Minutes , January 6 , 1075 ea vote with the following 5 . agenda of January 6 , 1975 was aPprov �= C1 f) Y d six 1 750 9t ; ) Delete this item additions : 6 ( c ) Action t: o contin�� r �: o �January. 5o �10 (g ) Ice Resurfaces; 10 (h ) and defer to study meeting of January 1. 4 , 9 (j Resolution Requesting Set public .hearing Park Licluo rs ; 1 .1 ( 1. ) Meetings , and 1 1 ) q g State of Minnesota Participation in Cost of Constructing Storm Sewer 72 - 43 . 6 . PUBLIC HEARINGS ( a ) IMPROVEMENT NO. 75 - 05 , STREET LIGHTING , SHELARD DECEMBERs12 AS DESCRIBED IN NOTICE OF HEARING PUBLISH AND DECEMBER 19 , 1974 . Mayor Fleetham opened the hearing . There being no one present wishing to speak , the Mayor declared the hearing closed , subject to any action by Council to continue the hearing to a future date . The Mayor indicated that he had been contacted by Mr . Ron Backes representing Shelard Development who is in favor of the proposed improvement . RESOLUTION NO . 5188 It ,was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No . 5188 entitled , " Resolution Ordering Improvement , Ordering Preparation of Plans , and Authorizing Advertisement for Bids , Improvement No . 75 - 05 , Street Lighting . " The motion carried 6 - 0 ( Councilman Thiel was riot present ) . ( b ) PROPOSED AMENDMENTS TO CITY CHARTER , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED DECEMBER 26 , 1974 . Mayor Fleetham opened the hearing . It was moved by Councilman Hanks , seconded by Councilman Graves , to defer this hearing until Councilman Thiel arrived at this meeting . The motion carried 6 - 0 . Later in the meeting the hearing was resumed . There being no one present wishing to speak , the Mayor declared the the hearing closed . Since there was some opposition expressed to amending Section Z . 05 , Councilman Thiel asked if the Council could legally adopt some of the changes and delete others in order to avoid having all of the changes defeated . The City Attorney indicated that such an action should be 2 Council Minutes , January 6 , 1975 6 . ( b ) sent back to the Charter Commission for its confirmation as to whether or not it agrees with such an action . He said this action could take place by the Charter Commission before the second reading . It was moved by Councilman Griak , seconded by Councilman Hanks , to waive reading of the proposed ordinances and set second reading January 20 , 1975 . The motion carried 5 - 2 , Councilmen Graves and Meland voting nay . ( In order to amend the ordinance it must be finally be adopted by unanimous vote of the Council . ) Councilman Druskin stated he would vote against the ordinances at the second reading since he opposes Sections . 2 . 032 2 . 05 , and 2 . 09 , but that he may change his mind after dl. SCLISS10rS with the City Attorney regarding Sections 2 . 03 and 2 . 09 . The Mayor declared a three minute to provide Councilman Druskin time to confer with the City Attorney . After Council reconvened , Councilman Druskin stated that he was now only opposed to Section. 2 . 05 . It was moved by Councilman Hanks , seconded by Councilman Thiel , to reconsider the matter . The motion carried 7 - 0 . Councilman Thiel moved to waive first reading of the proposed ordinances , excluding Section 2 . 05 , and set second reading February 3 , 1975 . Council - man Graves seconded and the motion carried 7 - 0 . Councilman Thiel moved to waive first reading of the proposed ordinances , including Section 2 . 05 , and set second reading February 3 , 1975 . Council - man Gr. iak seconded and the motion lost 3 - 4 , Councilmen Druskin , Graves , Hanks , and Meland voting nay . Staff was directed to send the results of this matter to the Charter Commission for its action at its next. meeting . ( c ) APPLICATION FOR VARIANCE (. CASE NO . 74 - 54 - VAR . ) - 1832 LOUISIANA AVENUE ( CONTINUED FROM DECEMBER 16 , 1974 ) . The matter was continued to January 20 , 1975 ( Item 5 ) . 7 . PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) COMMUNICATION FROM NORTHLAND ALUMINUM REQUESTING PERMISSION TO .INSTALL ACID RECLAIMING TANK The Planning Director explained that the area is presently being developed un.de r. a Planned Unit Developments the City Manager said he dial not feel this facIl, ity would in any-way alter that concept . The Manager indicated that: there is some urgency to the installa - tion of these tanks in order. , to prevent the acid from continuing to Council Minutes , January 6 , 1975 7 , ( a ) be discharged into the san.ita :r }r sewer ' ointment that the, company had ithout securing a building permit . Councilman Griak expressed dicapp made plans and gone ahead w Compan Y , that a permit had Mr .. D . Wilson , Northland Alumina ially proposed to be not been requested because the tanks were e t ted that the new nstalled without a protective structure . H recovering etter than the present process of rec g the acid would be much b one of discharging it into the sewere n relative to conditions of the special After considerable discussioCouncilman Hanks permit that have not been met , it was moved by that Northland Aluminum be granted permit to construict t e t with a and 75 , that all special permit conditionset be moY� accompine 30t ished within program indicating how and when this is two weeks . Councilman Graves seconded the motion . Councilman Dru.skin expressed great concern that the applicant has not complied with the conditions of the special permit and urged that these requirements be 'net , calling special attention to the billboard to be removed , landscaping , filling , street lighting , outside storage , and razing of a building , Councilman Hanks felt the permit should be granted with six months to comply with the special permit , and if compliance was not made within that time the special permit should be rescinded , Councilman Meland moved to amend the motion with a program indicating how and when the special regi:iremer_ ts in the permit will be accomplished within one month , Councilman Graves seconded and the motion carried 5 - 2 , Councilmen Hanks and Druskin , voting nay . Motion on the motion as amended carried 6 - 1 , Councilman Druskin voting nay . 8 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZING PLACEMENT OF YIELD SIGNS - 40TH AND LYNN ( AUTHORIZED BY COUNCIL DECEMBER 16 , 1974 ) . RESOLUTION NO , 5189 It was moved by Councilman Hanks , seconded b to waive reading and adopt Resolution y Councilman Graves , Authorizing Placement of Yield Si No ' 5189 entitled , ' ' Resolution Signs . The motion carried 7 - 0 . 4 Council Minutes , Janaary 6 , 1975 9 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF PLANNING COMMISSION ( CASE NO . 74 - 48 - SP ) RECOMMENDING FAVORABLY , WITH CONDITIONS , UPON THE REQUEST OF TWIN CITY FEDERAL FOR SPECIAL PERMIT FOR DRIVE - IN TELLERS , RESOLUTION NO , 5190 It was moved by Councilman Graves , seconded by Councilman Hanks , to waive reading and adopt Resolution No . 5190 entitled , " Resolution Granting Permit Under Section 6 : 122 . 11 of the St . Louis Park Zoning Ordinance for Drive - In Teller Stations . " The motion carried 7 - 0 . (b ) REPORT OF TRAFFIC STUDY ( # 99 ) - 28TH STREET AND OTTAWA AVENUE It was moved by Councilman Druskin , seconded by Councilman Graves , 1 -o defer this matter to January 20 , 1975 . The motion carried 7 - 0 . ( c ) REPORT OF PLANNING COMMISSION ( CASE NO . 74 - 47 - SUBD . ) RECOMMENDING AMENDMENT TO ORDINANCE TO REQUIRE SUB - DIVIDER TO INSTALL PERMANENT STREETS , SIDEWALKS , AND DRAINAGE . It was moved by Councilman Griak , seconded by Councilman Meland , to authorize preparation of ordinance and set public hearing January 20 , 1975 . The motion carried 7 - 0 . ( d ) MINUTES OF HOUSING AND REDEVELOPMENT AUTIIORITY MEETING HELD DECEMBER 10 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for .filing . ( e ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD NOVEMBER 20 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( f ) .MINUTES OF PLANNING COMMISSION MEETING HELD DECEMBER 18 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for fil. in. g . 5 Council Minutes , Jar', ary 6 , 1975 - ) MINUTES OF BOARD OF ZONING APPEALS MEETING HELD 9 ( g 19 ' 4 . DECEMBER 199 the Mayor There being no discuss ion the minutes were ordered by y to be received for filing . RELA ITIONS COMMISSION MEETING ( h ) MINUTES OF COMMUNITY 7 HELD DECEMBER l2 , 9 ior_ the minutes 40 ��rerc ordered by the Mayor There being no disc , - ss to be received for filing . PRELIMINARY REPORT OF DIRECTOR OF PUBLIC, WORKS NNOD ASSESSMENT REPORT WITH RESPECT TO IMPROVEMEEE T 74 - 30 , EXTENSION OF RALEIGH AVENUE AT 42ND S TR RESOLUTION NO . 5191 It was moved by Councilman Hanks , seconded by Councilman Glution to waive reading and adopt Resolution No . 5191 entitled , " Resolution and Calling Public Hearing on Improvement No . 74 - 30 Paving , Gutter and Utilities . " The motion carried 7 - 0 ( Hearing set for January 20 , 1975 ) . ( j ) REPORT RELATIVE TO SEWER RATES ( M & C NO . 75 - 01 ) This matter was deferred to study meeting- of January 14 , 1975 , 10 , UNFINISHED BUSINESS ( a ) REVIEW OF RESOLUTION RELATIVE TO BOARD / COMMISSION POLICIES This matter was deferred to study meeting of January 14 , 1975 . (b ) PROPERTY LEASE - LUTHERAN CHURCH OF THE REFORMATION Mr . Douglas Carlson , 5132 Mary Lakes Drive , Edina , was present representing the church . It was moved by Co �sncilman Druskin , seconded by Councilman Graves , to authorize staff to prepare a lease agreement to be brought back to Council for its consideration . The motion carried 5 - 2 , Councilmen Meland and Hanks voting nay , It was agreed the City Attorney and Mr . Carlson , attorney for the church , would draft the lease . ( c ) WESTWOOD HILLS - REPORT OF CITY ATTORNEY RELATIVE TO LAND CONDEMNATION 6