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Home My WebLink About1972/10/02 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL METING ST, LOUIS PARK, MINNESOTA October 29 1972 1. CALL TC ORDER City Council was called to order by Mayor A regular meeting of the Pucci at 8:00 p.m. 2. INVOCATION Invocation was given by Rev. Church, 3. ROLL CALL Milton Lenz of the Aldersgate Methodist The following Councilmen were present at roll call: Frank Fleetham RoseawMary Griak Lyle Hanks James Heltze r Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Director of Public Works, City Assessor, and Secretary. 4. MINUTES On motion of Councilman Griak, seconded by Councilman Heltzer, the minutes of the meetings held September lb, 18, and 19, 1972, were approved by a six yea vote. 5. PUBLIC HEARINGS (a) ASSESSMENT, IMPROVEMENT NO, 71-14, ASPHALT PAVING, CONCRETE CURB AND GUTTER., AND MISCELLANEOUS CONTIN- GENT WORK, ALL AREA WITHIN SHELARD PARK SUBDIVISION, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 14 AND SEPTEMBER 21, 1972 Mayor Pucci opened the hearing. There being no one present wishing to speak, the Mayor declared the hearing closed. 311 council Minutes, October 2, 1972 54 (b) ASSF EMENT. IMPROVEMENT NO. 71.02, PAVING so R, SIDEWALK REPAIR AND 17"02#)RIVE�iIAY APR CURB AND UTILITY WORK , IN AREA BOUNDED ON THE NORT14 BY ONSt AND EXCELSIOR BOULEVARD, ON THE EAST BY T, H. 1 O THE SOUTH BY THE ST. LOUIS PARK CITY BOUNDARY, AN ON THE WEST BY MEADOV4*BROOK BOULEVARD AND DAKOTAAND AVENUE, AS DESCRIBED IN NOTICE OF HEA SEPTEMBER 14 AND SEPTEMBER 21, 1972 RING PUBLISHED Mayor Pucci opened the hearing. Mr. D. A. Bolt, 4821 Xenwood Avenue; Ms. Margaret Parenteau, 4115 Xenwood Avenue; Mr. Gary McGaughey, 4344 Brook Lane; Mr. James Von Lorenz, 4332 Brookside Avenue; Me. Clara J. Saain, 4104 Yosemite Avenue; Mrs. Clemens Johnson, 4073 Brunswick Avenue; Mr. Pysiek, 5634 Vermont; Mr. Ralph Schoonover, 6301 Excelsior Boulevard; Mrs. Arnold Johnson, 4124 Brookside; Darvig Vieburg, 4220 Yosemite Avenue; Mr. Ed Flannery, 4090 Brunswick Avenue; Mrs. Otis Peterson, 4240 Brookside Avenue; Mrs. Fred McCann, 4054 Yosemite Avenue; Mrs. Bird, 4046 Yosemite Avenue; Signe Olsen, 4114 Yosemite Avenue; Mrs. George Ivloelter, 4170 Yosemite Avenue; Mr. Art Bell, 4089 Brunswick Avenue; and Mr. C. D. Jacobson, 4327 Alabama Avenue, had questions concerning the amounts of assessments, complaints about sidewalks and aprons they felt did not need to be replaced, questioned assessments for odd -shaped lots and side street assessments. The Mayor indicated that every person would be contacted within thirty days. There being no one else present wishing to speak, the Mayor declared the hearing closed. (cf ASSESSMENT, IMPROVEMENT NO. 72=100 GRADING, BASE, ASPHALT PAVING, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, WATER MAIN AND APPURTENANCES, COLORADO AND DAKOTA AVENUES BETWEEN EXCELSIOR BOULEVARD AND WEST 39TH STREET AND BROOKVIEW LANE FROM COLORADO AVENUE TO BRUNSWICK AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 14 AND SEPTEMBER 21, 1972 Mayor Pucci opened the hearing. Mr. M. E. Niedenfuer, 3944 Dakota Avenue, indicated that there was a misunderstanding which has to do with assessment for corner lots and asked for a reduction in assessment. 312 Council Minutes, October 2, 1972 There being no one else present wishing to speak, the Mayor(c) g 5. declared the hearing closed. (d) ASSESSMENT, IMPROVEMENT NO. 65_20# SANITARY SEWER, TO 125 FEET NORTH, FRANCE AVENUE FROM WEST 24TH STREETR H, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEIViBER 14 AND SEPTET\/iBER 21, 1972 Mayor Pucci opened the hearing. There being no one present wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO. 4652 It was moved by Councilman Heltzer, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4652 entitled, "Resolution Adopting Assessment Improvement Nos. 71-14, 71.02, 72-101 65-20. " The motion carried 6 - 0. (e) PROPOSED VARIANCE FROM THE REQUIREMENTS OF SECTION 6:045.2 OF THE ST. LOUIS PAiZK BONING ORDINANCE TO ALLOW A FENCr SIX FEET IN HEIGHT INSTEAD OF THE PERMITTED THREE AND ONE-HALF FEET FOR A SIDE YARD ON A CORNER AT 6324 WEST 33RD STREET (CONTINUED FROM SEPTEMBER 18, 1972) Mr. Walter Gaiar, 3247 Dakota Avenue, spoke in opposition to the proposed variance. Mr. Darryl Stromberg, 6324 \'.-est 33rd Street, explained that he and Councilman Fleetham had spoken with Mr. Gaiar and that Councilman Fleetham had suggested moving the fence back to give Mr. Gaiar the sight he requires. There being no one else present wishing to speak, Mayor Pucci declared the hearing closed. After various suggested compromises, Mr. Stromberg indicated that moving the fence would not afford him the privacy or dog enclosure he desires. Staff indicated that the six foot fence is a problem and clearly in violation of the law. Councilman Thiel moved that due to unusual topography and location of rear yard setback a variance be granted with three foot setback 313 Council Minutes, October 2, 1972 5. (e) on Dakota Avenue with five foot high fence. Motion wa by Councilman Hanks and famed b a 3 _ s s econded Heltzer, Fleetham, and Mayor Pucci voti vote, Councilmen ng nay. It was moved by Councilman Heltzer, seconded by Councilman Hanks that staff be directed to study the fence ordinance and return alternative recommendations in regarding to handling this type of problem so that a change might be adopted wkf necessary. The motion carried 6 - o. (f) APPLICATION FOR NON -INTOXICATING LIQUOR LICENSE BY MEADOWBROCK COUNTRY BOY DAIRY, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 21, 1972 Mayor Pucci opened the hearing, There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Heltzer, seconded by Councilman Hanks, to approve granting of the license. The motion carried 6 - o. (g) PROPOSED VACATION OF PORTION OF STREET ON DAKOTA AVENUE LYING BETWEEN WEST LAKE STREET AND HAMILTON AVENUE, AS DESCRIBED IN NO'T'ICE OF HEARING PUBLISHED SEPTEMBER 21, 1972 Mayor Pucci opened the hearing. The City Manager described the proposed request for vacation, explaining that the property could be kept as a green area or vacated as requested. Mr.. Paul Cleek of Phillips Petroleum was present representing the applicant, He indicated that the applicant would comply with plans as approved by the City. There being no one else wishing to speak, the Mayor closed the hearing It was moved by Councilman Griakf seconded by Councilman Thiel, a street to authorize preparation of ordinance vacating the portion d request that with the condition that it be used for purposes set forth an sidewalk be constructed according to the plan. The motion carried 4 - 1 &a nay (Councilman Heltzer was not present)* Mayor Pucci vog 314 Council. Minutes, October 2, 1972 6. PETITIONS None REQUESTS, AND COlvIMUNICATIONS 7. RESOLUTIONS AND ORDINANCES a) FIRST READING OF PROPOSED 7RDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1973 AND AlwE NDING THE 1972 BUDGET AS ADOPTED BY ORDINANCE 1168 AND AMENDED BY ORDINANCE 1175, 11863 AND 1194 After considerable discussion concerning effects of the revenue isparities bills, Councilman Heltzer moved to sharing and fiscal d deduct $50, 000 from the contingency fund and defer action on the ordinance to 5:00 p, m. Thu: splay, October 5, 1972. The motion was seconded by Councilman Fleetham and failed 4 - 2, Councilmen Griak, Heltzer, Hanks; and Mayor Pucci voting nay. Councilman Fleetham expressed concern about 'there being an excessive amo^irY �'.le cclutpingency in view of the fact that there may be monies coming from revenue sharing. Councilman Fleetham moved to defer until Thursday, October 5. The motion was seconded by Councilman Heltzer and failed 3 - 3, Councilman Hanks, Griak and Mayor Pucci voting nay. Councilman Hanks moved to waive first reading of the proposed ordinance on the condition that Congress does not act on the revenue sharing bill by October 5. The motion was seconded by Councilman Griak but was withdrawn by Councilman Hanks. It was moved by Councilman Griak, to waive first reading of the proposed ordinance and set second reading October 10, 1972. The motion was seconded by Councilman Hanks and carried 6 - 0. (b) RESOLUTION APPR LNG 1972 TAX LEVY, COLLE CTIBLE IN 1973 RESOLUTION NO, 4653 It was moved by CounciLnan Heltzer, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4653 entitled, "Resolution Approving 1972 Tax Levy, Collectible in 1973. " The motion carried 6 - 0, Councilman Fleetham indicated he might ask reconsideration of this action in anticipation of monies from revenue sharing. 315 Council Minutes, October 2, 1972 7. (c) RESOLUTION SETTING 1V1INI1V1UM TAX LEVY FOR S THEST. LOUIS PARK FIRE RELIEF ASSpCIATION UPPORT OF RESOLUTION NO. 4654 It was moved by Councilman Criak seconded by Councilman Fleetham to waive reading and adopt Resolution No. 4654 entitled, "A Resolution Setting Minimum Tax Levy for Support of the St. Louis Park Fire Relief Association. " The motion carried 6 - 0 (d) RESOLUTION SETTING MINIMUM TAX LEVY FOR SUPPORT OF THE ST. LOUIS PARK POLICE RELIEF ASSOCIATION � E' S OLUTION NO, 4655 It was moved by Councilman I-.anks, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4655 entitled, A Resolution Setting Minimum Tax Levy for Support of the St. Louis Park Police Relief Association. " The motion carried 6 - 0. (e) RESOLUTION APPROVING 1972 TAX LEVY, COLLECTIBLE IN 1973 FOR THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. LOUIS PARK RESOLUTION NO. 4656 It was moved by Councilman Thiel, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4656 entitled, "TMN resolution Approving 1972 Tax Levy, Collectible in 1973 For the Housing and Redevelopment Authority of St. Louis Park. " The motion carried 6 - 0. (f) RESOLUTION AMENDING STORM SE117ER, SANITARY SEWER, AND WATER MAIN CONTRACT IMPROVEMENT NO. 68-039 CONTRACT NO, 962 RESOLUTION NO. 4657 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4657 entitled, "Resolution Amending Storm Sewer, Sanitary Sewer, and Water Main Contract Improvement No. 68-03, Contract No. 962. " The motion carried 6 - 0. (9) RESOLUTION EXTENDING SYMPATHY TO FANULY OF ANDREW Be B J OR NS ON 316 _. Council Minutest October 2, 1972 ?. RESOLUTION NO. 4658 (g) It was moved by Councilman Thiel, seconded'by Councilman Fleetham to waive reading and adopt Resolution No. Extending Sympathy to Family of Andrew carried 6 - 0. 4658 entitled, "Resolution B. Bjornson. " The motion (h) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT NQS. 72-18 AND 72- 20 RESOLUTION NO. 4659 It was moved by Councilman Griak, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4659 entitled, "Resolution Approving Plans and Specifications and Ordering Advertisement for Bids, Improvement Nos. 72-18 and 72-20. " The motion carried 6 - 0. (i) RESOLUTION SETTING ANNUAL SERVICE CHARGE FOR COLLECTION OF GARBAGE AND REFUSE FROM DWELLINGS AND LEVYING ASSESSM ENT OF COSTS RESOLUTION NO. 4659A It was moved by Councilman Hank s, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4659A entitled, "Resolution Setting Annual Service Charge for Collection of Garbage and Refuse from Dwellings and Levying Assessment of Costs. 11 The motion carried 6 - 0. (j) RES OLUTIO14 LEVYING ASSESSMENT FOR DELINQUENT SERVICE CHARGES, SEWER, Y'TATER AND NUISANCE ABATEMENT RESOLUTION NO, 4659B It was moved by Councilman Criak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4659B entitled, "Resolution Levying Assessment for Delinquent Service Charges• Sewer, Water and Nuisance Abatement. " The motion carried 6 - 0. 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) MONTHLY FINANCIAL REPORT - AUGUST 1972 There being no discussion, the report was ordered by the 1V1ay°= to be received for filing. 317 council Minutes, October 2, 1972 S. (b) REPORT OF CITY V ANA.GER ON STATUS OF TAX_FORFEITED ORFEITED Mayor Pucci left the chambers and President Pro Tem Th' assumed the chair. lel RESOLUTION NO. 4660 It was moved byCouncilman Fieltzer, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4660 entitled, Authorizing Application for Conveyance on Tax -Forfeited Lands." The motion carried 5 -• 0 (Mayor Pucci was not present). RESOLUTION NO, 4661 It was moved by Councilman Heltzer, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4661 entitled, "Resolution Approving Designation of Non -Conservation Land Shown on Classification List "645-C" by Board of County Commis- sioners of Hennepin County. " The motion carried 5 - 0 (Mayor Pucci was not present). 9. UNFINISHED BUSINESS (a) EMPLOY1ViENT OF CONSULTING ENGINEER - REPUBLIC CRIEOSOTE AREA STORM SEVER PROJECT (DEFERRED FROM SEPTEMBER 5 AND SEPTEMBER 189 1972) It was. moved by Councilman Hanks, seconded by Councilman Heltzer, to have the three applicants present at 7:00 p.m. , October 16, 1972, giving each of them fifteen minutes to present their specific qualifications. The motion carried 5 - 0 (Mayor Pucci was out of the chambers)e (b) COUNCIL CONSIDERATION OF FIRE -POLICE ORGANIZATION Council set meeting October 249 the matte r. 10• NEW BUSINESS 1972 at 7:00 p.m. to study (a) TABULATION OF BIDS - S�,NIOR CITIZENS BUS It was moved by Councilman Heltzer, seconded by C Cites ns Griak, to defer to October 16, 1972 to give the Senior Advisor Committee an opportunity to consider the feasibility of air conditioning and its additional cost. The motion carried 6 - 0 (Mayor Pucci had resumed the chair. ) 318 Council Minutes, October 2, 1972 10. (b) APPOINTMENT TO FIRE; CIVIL SERVICE COMMISSION It was moved by Councilman Hanks, seconded by Councilman Griak, to defer to October 16, 1972. The motion carried 6 - 0. 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Panela Shaffer, 3963 Colorado Avenue 2. Alvin G, Burwell, 178 Jumyser, Wyoming, Minnesota It was moved by Councilman Griak, seconded by Councilman Thiel, to file claims with City Clerk for proper action by the City Manager and City Attorney. The motion carried 6 - 0. (b) COMMUNICATIONS FROM CITY MANAGER 1. The City Manager explained that the Comprehensive Plan Study Committee had requested an extension to complete their study. It was moved by Councilman Heltzer, seconded by Councilman Thiel, to extend the time of their report to Council to November 6, 1972 and give them authorization to meet with the School Board. The motion carried 6 - 0. 2. The City Manager recommended that bids be rejected for Improvements 72-02 and 72-03 and that it be readvertised in 1973 included with a larger project to make it more competitive. It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to follow the recommendation of the City Manager. The motion carried 6 - 0. 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) V�4'RIFIE D CLAIMS On motion of Councilman Thiel; seconded by Councilman Griak, the lists of verified claims prepared by the Director of Finance and presented to the Council dated October 2, 1972 in the total amounts of $8,754, 89 for payroll, and $84, 657.39 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, (b) PAYMENTS ON CONTRACT WORK On motion of Councilman Thiel, 319 seconded by Councilman Heltzer, Minutes, October Z. 1972 (b) the following payments on contract work presented b Engineer were approved, and the City Manager, Ci y the City City Treasurer were authorized to issue checks for heir and respective amounts by a six yea vote. 1. Partial Payment No, 2 Imp. No. 72-12s paving, Curb and Gutter, Sidewalk Repair and Miscellaneous Utilities. Contractor, FT., J. A, Construction Co. Amount, $24, 360. 54. 2. Partial Payment No. 6, Imp. No. 62-27, Street Project, Bridge and Retaining Y- Tall. Contractor, Foley Bros. , Inc. and Oster & Pederson, Inc. Amount, $171, 691. 20. 3. Partial Payment No. 2; Imp. Nos. 65-20, 68-03, 72-239 72-26, 72-29, and 72-.32, Storm Sewer, Sanitary Sewer and Water Maine Contractor, C. S. McCrossan. Amount, $48,867.90. 4. Partial Payment No. 2, Imp. Nos. 72-04, 72-05, 72-06, and 72-10, Grading, Base, Asphalt Pavement, Concrete Curb and Gutter, Concrete Sidewalk, V-7ater Main and Appurtenances. Contractor, H. J. A. Construction Co. Amount, $61, 421. 18. 5. Partial Payment No. 2, Imp, No. 72-31, Paving, Curb and Gutter, and Miscellaneous Utilities, Contractor, H. J. A. Construction Co. Amount, $35, 173. 08. 6. Partial Payment No. 1, Imp, No. Gutter, and Miscellaneous Utilities. Amount, $45, 039. 03. 72-11, Paving, Curb and Contractor, C. S. IVicCrossan. Final Payment, Imp. No. 71-14, Asphalt Paving, Curb and Gutter. Contractor, C. S. McCrossan. Amount, $37, 907.37. RESOLUTION NO. 4662 It was moved by Councilman Thiel, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4662 entitled, "Resolution Accepting Work on Asphalt Paving and Cur fan 0. Gutter, Improvement No. 71-14. It The motion carried 8. final Payment, Municipal Service Center. Contractor, Adolfson & Peterson, Inc. Amount, $331583o840 RESOLUTION NO. 4663 It was moved by Councilman Thiel, 320 seconded by Councilman Council Minutes, October 2, 1972 4663 12. (b) 8. H eltzer to waive reading and adopt Resolution No titled "Resolution Accepting "Pork on Ni.unicipalService en : Center. " The motion carried 6 - 0. 13, ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Thiel, the rzeeting was adjourned at 10:55 p.m. by a six yea vote. Attest: Alice M. Carlson, Secretary 321 Frank J. Mayor