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Home My WebLink About1972/12/18 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEE TING ST. LOUIS PARK, NlINNESOTA December 18, 1972 1. CALL TO ORDER A regular meeting of theCity at 8:12 P.M. CoiMcU was called to order by Mayor Pucci 2. INVOCATION Invocation was Church. 3. ROLL CALL given by The Rev,. Milton Lenz of the Aldersgate Methodist The following Councilmen were present at roll call: Frank Fleetham Richard Graves Rose -Mary Griak Lyle Hanks James Heltzer Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, City Engineer, City Clerk, and Secretary. Councilman Graves left the meeting at 10:00 p.m, 4. MINUTES On motion of Councilman Fleetham, seconded by Councilman Graves, the minutes of the regular meeting held December 4, 1972 and special meeting held December 14, 1972, were approved by a seven yea vote. '• PUBLIC HEARINGS Ca) APPLICATION OF RESTAURANTS NO LINLIT INC. DBA AIVIALCAIviATED ICrRGROUND FOR LIC�.NSE TO EATING AND DRINKING CONiPANYAL� AT 9920 ti�-AYZATA BOULEVARD SELL INTOXICATING LIQUOR ON S (CONTINUED FROM OCTOBER 16 AND NOVEMBER 20, 1972) Mr. Bob Naegele, Rt. 1, Box 402, Excelsior, Nfinne s o ta, and Mr. ng the Dave Kirscht, landscape sca e architect, were present represen i of the applicant, Mr. Kirscht displayed site plans and rendering restaurant. 374 Council Minutes, December 18, 1972 There being no one else wishing to speak, the Mayor closed the hearing. It was moved by Councilman Graves, seconded by Councilman Fleetham, to grant the license. The motion carried 6 - 1, Councilman Griak voting nay. (b) APPLICATION FOR LICENSE TO SELL INTOXICATING LIQUOR ON SALE AND SUNDAY SALE AT 4900 EXCELSIOR BOULEVARD BY STEAK AND ALE OF MINNESOTA INC. DBA STEAK AND ALE RESTAURANT, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 23 AND NOVEMBER 30,, 1972 Mayor Pucci opened the hearing. Mr. John Titus, Vice President, Steak and Ale, Dallas, Texas, described the proposed restaurant, its access and parking as well as plans for the interior decor. Mr. Donald Quinn, representing Mr. Q's and Mr. Flodin, representing Swiss Chalet, spoke in opposition to the license. Mr. Gordon Jeske of Mr. Q's also spoke in opposition. There being no one else present wishing to speak, the Mayor closed the hearing. After discussion concerning permitted uses, zoning, and access it was moved by Councilman Hanks, seconded by Councilman Graves, to deny the application for liquor license. The motion carried 6 - 1, Councilman Griak voting nay. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) APPLICATION FOR RENEWAL OF INTOXICATING LIQUOR LICENSES ON SALE BY THE HIPPOGRIFF, INC. AND SUNDAY AND ON SALE BY COURT PLAZA It was moved by Councilman Graves, seconded by Councilman Meetham, to grant the license renewals for 1973. The motion carried 7 - 0. (b) PETITION FOR PAVING, CURB AND GUTTER TO BE MADE WITHOUT A PUBLIC HEARING FOR PROPERTY ABUTTING ON PARK CENTER BOULEVARD FROM CHARLES M. FREIDHEIM CO. RESOLUTION NO, 4699 It was moved by Councilman Thiel, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4699 entitled, "Resolution 375 Council Minutes, December 18, 1972 6. (b) Ordering Preparation of Reports on p Improvement of Paving, Curb and Gutter on Park Center Boulevard*" The motio (Councilman Griak was out of the Chambers), n carried 6 - 0 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF PROPOSED ORDINANCE REZONING PROPERTY BETWEEN JOPPA AVENUE AND INGLEWOOD AVENUE SOUTH OOF HIGHV%AY 7 (CASE NO, 7049-Z) Mr. Mark Solstad, 1702 Midwest Plaza, representing Reinhard Brothers spoke in favor of the proposed rezoning and related special permit (Item 7b). ORDINANCE NOo 1204 It was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive second reading and adopt Ordinance No. 1204 entitled, "An Ordinance Amending the St. Louis Park Zoning Ordinance Changing Boundaries of Zoning Districts. " The motion carried 7 - 0. (b) RESOLUTION GRANTING SPECIAL PERMIT (CASE NO. 72-24-S. Pe) UNDER SECTION 6:092.1 OF THE ZONING ORDINANCE TO PERMIT PARKING LOT AT 3106 INGLEWOOD - REINHARD BROTHERS (AUTHORIZED BY COUNCIL DECEMBER 4, 1972) RESOLUTION NO, 4700 It was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4700 entitled, "Resolution Granting Permit under Section 6:081. 2 and Section 6:092. 1 of the St. Louis Park Zoning Ordinance for Off -Street Parking in Residential District. " The motion carried 7 - 0. (c) RESOLUTION STATING POLICY RELATIVE TO LIQUOR LICENSING AND SALES, AMENDING RESOLUTION NO. 3974 ADOPTED JUNE 229 1970 RESOLUTION NO. 4701 It was moved by Councilman Heltzer, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4701 entitled, "Resolution Stating Policy Relative to Liquor Licensing and Sales, d June 22, 1970, with the Amending Resolution No, 3974 Adopte" following changes: elimination of Section 5 of females ema estNo. ooffcial add to types of identification for both males andf eSection 7 "..in state issued identification card; and change wording mi 376 1 Council Minutes, December 18, 1972 7. (c) accordance with good business practices. " to it 40 in accordance with City and State laws. " The motion carried 7 - 0. 7. (d) RESOLUTION REQUESTING MAXIMUM ALLOTMENT FOR GENERAL MAINTENANCE ON STATE AID STREET SYSTEM AND REQUESTING THE STATE OF MINNESOTA TO TRANSFER FUNDS PURSUANT TO CHAPTER 443 SESSION LAWS OF MINNESOTA 1965 RESOLUTION NO. 4702 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4702 entitled, "Resolution Requesting Maximum allotment for General Maintenance on State Aid Street System and Requesting the State of Minnesota to Transfer Funds Pursuant to Chapter 443 Session Laws of Minnesota 1965. " The motion carried 6 - 0 (Councilman Graves was not present). (e) RESOLUTION ACCEPTING AND RENEWING CONTRACT WITH SUBURBAN HE NNEPIN COUNTY RELIEF BOARD RESOLUTION NO. 4703 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4703 entitled, "Resolution Accepting and Renewing Contract with Suburban Hennepin County Relief Board. " The motion carried 6 -- 0 (Councilman Graves was not present). (f) RESOLUTION DESIGNATING LEGAL NEV SPAPER FOR THE CALENDAR YEAR 1973 RESOLUTION NO, 4704 It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4704 entitled, "Resolution Designating Legal Newspaper for the Calendar Year 1973. It The motion carried 6 - 0. (Councilman Craves was not present). (g) RESOLUTION PROVIDING FOR CITY PARTICIPATION IN PREMIUM PAYMENTS FOR HOSPITALIZATION AND MEDICAL INSURANCE FOR CITY EMPLOYEES JOINTLY ;'LITH HENNEPIN COUNTY RESOLUTION NO. 4705 It was moved by Councilman Griak, 377 seconded by Councilman Hanks, Council Minutes, December 18, 1972 7. (g) to waive reading and adopt Resolution No, 4705 entitled, Providing for City Participation in Premium Payments "Resolution tion and Medical Insurance for City Employees Jointly for Hospitaliza- County. The motion carried 6 - with Hennepin ri , present). 0 (Councilman Graves was not (h) RESOLUTION PROVIDING FOR CITY PARTICIPATION IN GROUP LIFE INSURANCE FOR CITY EMPLOYEES JOINTLY WITH HENNE- PIN COUNTY RESOLUTION NO, 4706 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4706 entitled, "Resolution Providing for City Participation in Group Life Insurance for City Employees Jointly with Hennepin County. " The motion carried 6 - 0 (Councilman Graves was not present). (i) RESOLUTION DETERMINING TOTAL AlviOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS AS TAX FORFEITED LANDS HAD SUCH PROPERTIES BEEN SUBJECT TO ASSESSMENT; DIRECTING PREPARATION OF ABSTRACT; AND DIRECTING CERTIFICATION TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF CHAPTER 394, LAWS OF 1941 RESOLUTION NO, 4707 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4707 entitled, "Resolution Determining Total Amounts That Would Have Been Assessed Against Certain Parcels as Tax Forfeited Lands Had Such Properties Been subject to Assessment; Directing Preparation. of Abstract; and Directing Certification to the County Auditor Pursuant to the Provisions of Chapter 394, Laws of 1941. " The motion carried 6 - 0 (Councilman Graves was not present), (j) RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY RESOLUTION NO. 4708 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution Not a Director ototledo Suburban "Resolution Designating Director and Alternat Rate Authority, " The motion carried 6 ow (Councilman Graves was not present), 378 Council Minutes, December 18, 1972 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD NOVEMBER 14, 1972 There being no objection, the minutes were ordered by the Mayor to be received for filing. (b) REPORT OF TRAFFIC STUDY (#59) - WEST 16TH STREET - ZARTHAN AVENUE. TO BLACKSTONE AVENUE RESOLUTION NO. 4 709 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4709 entitled, "Resolution Authorizing Placement of Traffic Control Signs Regulating Parking. " The motion carried 6 - 0 (Councilman Graves was not present). (c) MINUTES OF ENVIRONMENTAL IMPROVEMENT COMMISSION MEETING HELD NOVEMBER 22, 1972 Councilman Heltzer requested that the City Council communicate with the Minnesota Pollution Control Agency, the Minnesota and Hennepin County Highway Departments, and other appropriate agencies and persons asking their assistance in minimizing the use of chemical melting agents (including salt) by the respective highway departments; also, that the Council communicate with the owners of larger parking lots to minimize the use of salt; and further, that all units of govern- ment and other persons be urged not to use areas adjacent to Minne- haha Creek for snow disposal. After discussion concerning state-wide "Ban -the -Can" legislation, it was agreed that Council would meet at 4:30, December 21, 1972 to discuss various legislative matters. There being no further discussion, the minutes were ordered by the Mayor to be received for filing. (d) REPORT OF MAYOR - NATIONAL LEAGUE OF CITIES CONFERENCE Councilman Thiel expressed his appreciation in receiving the report but felt that the mode of travel could not be justified. There being no further discussion, the report was ordered by the Mayor to be received for filing. 379 i, aa1ltilM�.•.,:: i. . , � Council Minutes, December 18, 1972 8. (e) REPORT OF CITY MANAGER RELATIVE TO REFUSE COLLECTION CONTRACT It was moved by Councilman Griak, seconded by Council to authorize execution of a five year contract with Woodlranan Thiel, Service, Inc. at $3. 15 per household, per month, effec ke Sanitary 1973. The motion carried 5 _ (Ctive January 1, not present). 0 (Councilmen Graves and Heltzer were (f) MONTHLY FINANCIAL, REPORT - OCTOBER 1972 There being no discussion, the report was ordered by the Mayor to be received for filing. 9. UNFINISHED BUSINESS (a) TRAFFIC STUDY TEXA-TONKA AREA Mr. and Mrs. Jim Rodberg, 2910 Virginia Avenue; Mrs. Marcia Kurvers, 2917 Texa-Tonka Avenue; and Mr. John Ruckh, 2951 Virginia Avenue, spoke in favor of making the temporary barricades permanent in order to alleviate traffic for the safety of the children and for the peace and quiet of the neighborhood, After discussion, Councilman Graves moved to appoint citizens group to aid in a solution to the problem. The motion was seconded by Councilman Griak. After further discussion concerning similar traffic problems in other areas and possible ways of solving these problems, Councilman Graves withdrew and moved to appoint a group of a particular area to temporarily serve as part of the Planning Commission Streets and Highways Committee. Councilman Griak seconded and the motion carried 7 - 0. It was decided that Mayor Pucci, Councilmen Heltzer, Griak and Thiel would make recommendations for committee membership from the area. Councilman Heltzer moved a temporary barricade be placed at 28th Street and Virginia for thirty days and that traffic counts be taken during and after that time. The motion was seconded by Councilman Fleetham and carried 7 - 0. (b) REQUEST FOR EXTENSION OF TIME TO CONFORM TO AIR POLLUTCEMBERION ORDINANCE BY PLACET PRODUCTS (DEFERRED FROM 1972) 5000 West 35th Street, representing Placet Inc. Mr. Jon Ashton, urged approval of the extension on the basis of a let ter tion of the B nifaci s indicating they expected to approve the rel 380 Council Minutes, December 18, 1972 9. (b) plant to that city and a letter from a contractor indicating they would have facilities completed within 120 days. The City Manager reviewed with Council the background of the requested extension. After discussion concerning the various proposed moves and equipment alterations anticipated by Placet Inc. , it was moved by Councilman Fleetham, seconded by Councilman Heltzer, to deny the request. The motion carried 5 - 1, Councilman Thiel voting nay (Councilman Graves was not present). (c) CONTRACT FOR ENGINEERING SERVICES PROPOSED BY ORR$ SCHELEN, MAYERON & ASSOC.,* PROJ. 72-43 It was moved by Councilman Griak, seconded by Councilman Fleetham, to authorize execution of contract. The motion carried 5 - 0 (Councilmen Graves and Heltzer were not present). (d) APPOINTMENTS TO BOARDS/ COMMISSIONS (DEFERRED FROM DECEMBER 4, 1972) Councilman Hanks moved to reappoint the following for full terms; Planning Commission - John M. Palmer and George Howell; Citizens Advisory Committee - Edmund Meehan and Robert Bloomquist; Building Construction Codes Advisory Commission - Stanley Barton and Ron Backes - Parks and Recreation Advisory Commission - Charles Pfannenstein; Environmental Improvement Commission - Mattie Peterson, Mike Stutzer, Everett Janssen, Theona Von Lorenz, Clarence Moe, and Charles Griffith. The motion was seconded by Councilman Griak and carried 6 - 0 (Councilman Graves was not present). It was moved by Councilman Griak, seconded by Councilman Heltzer, to appoint Robert Harrigan to the Board of Zoning Appeals for a full term. The motion carried 6 - 0 (Councilman Graves was not present). It was moved by Councilman Fleetham, seconded by Councilman Griak, to appoint Henry Grove and Margaret Gingerich, to the Citizens Advisory Committee. The motion carried 6 - 0. (Councilman Graves was not present). It was moved by Councilman Griak, seconded by Councilman Fleetharn, to appoint Susan Held as youth representative to the Planning Commis- sion. The motion carried 6 - 0 (Councilman Graves was not present) . 381 Council lviinutes, December 18, 1972 9. (d) It was moved by Councilman Heltzer, seconded by Councilman Griak, to appoint Thomas Heenan, Sandra Brown, John Ross, and Robert Sandberg to the Environental Improvement Commission. The motion carrim ed 6 - 0 (Councilman Graves was not present). It was moved by Councilman Thiel, seconded by Councilman Heltzer, to appoint Stanford Baratz as youth representative to the Human Rights Commission. The motion carried 5 - 0- 1 (Councilman Fleetham abstaining and Councilman Graves not present). It was moved by Councilman Griak, seconded by Councilman Heltzer, to appoint Mark Thiel as youth representative to the Environmental Improvement Commission. The motion carried 6 - 0 (Councilman Graves was not present). After discussion concerning the methods of appointment of youth representatives, Councilman Hanks indicated he would like to investigate this matter and report to Council. 10. NEW BUSINESS (a) EXTENSION OF TIME - CONTRACT WITH GENERAL COATINGS It was moved by Councilman Griak, seconded by Councilman Hanks, to authorize execution of necessary change order. The motion carried 6 - 0 (Councilman Graves was not present). (b) TABULATION OF BIDS - INSURANCE - OFFICIAL BONDS - AUTO LIABILITY AND AUTO PHYSICAL DA It was moved by Councilman Griak, seconded by Councilman Heltzer, to award bid on official bonds to Integrity Mutual company•Co. in the amount of $378 (three year premium) P ed fordin specif ations meets minimum financial rating of A. a and if this company does not meet the AAA rating award b for a e to Agricultural Ins. Group �,. +:AAAA+ } in the amount o $,6 6 6 three- ear repaid premium; and to award auto insurance to Home y P Ins. 1-:gency) in amount of $8, 236 Insurance Company (Twin City ried 6 - 0 (Council annually. The motion car man Graves was not present). 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Ben Norgren, 1312 Melrosee Avenue 2. Robert J. Jones, 4308 Gool,dg 382 Council Minutes, December 18, 1972 11. (a) It was moved by Councilman Hanks, seconded by Councilman Griak, to file claims with City Clerk for proper action by City Manager and City Attorney. The motion carried 6 - 0 (Councilman Graves was not present). (b) (c) (d) (e) HIGHWAY 7 PLAN CRITIQUE The Planning Director described the proposed layout for the intersection of Highway 7 and Highway 100. After discussion, Councilman Griak moved to refer to Streets and Highways Committee of the Planning Commission with report to Council in February 1973. Councilman Heltzer seconded and the motion carried 6 - 0 (Councilman Graves was not present). CLEAN-UP - REPUBLIC CREOSOTE AREA The City Manager explained that clean-up work being done by Bolande r Co. had been delayed and they requested they be permitted to put up a $5, 000 cash bond for approximately $2, 000 worth of work that remains to be done. It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to accept the $5, 000 cash bond. _ The motion carried 6 - 0 (Councilman Graves was not present.) EARTH BERMS ALONG MAJOR HIGHWAYS RESOLUTION NO. 4714 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4714 entitled, "Resolution Urging Action by State Highway Department to Construct Earth Berms Along Major Highways in St. Louis Park. " The motion carried 6 - 0 (Councilman Graves was not present). MODE OF TRAVEL - MAYOR AND COUNCIL It was moved by Councilman Thiel, seconded by Councilman Griak, that any member of Council going to conference have approval on mode of travel. The motion carried 5 - 1, Councilman Heltzer voting nay (Councilman Graves was not present). 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Heltzer, seconded by Councilman Graves, the lists of verified claims prepared by the Director of Finance and 383 Council Minutes, December 18, 1972 o� 12. (a) presented to the Council dated De D��'� !Jv b�' December 18, 1972 in the total amounts of $7, 206. 63 for payroll, and $415, 324. 14 for vend r r were approved, and the City Manager, Cit ° s`� Treasurer were authorized to iss a checks cover, and City �(�"' six yea vote (Councilman Graves was not Presenting same by a )• (b) CONTRACT PAYMENTS 1. Final Payment, sidewalk, water main, grading, base, asphalt pavement, curb and gutter and appurtenant work, Impf Nos, 72-04, 72-05, 72_061 and 72-10. Contractor, H. J. A. Construction Company, Amount, $33, 949. 90. RESOLUTION NO. 4710 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4710 entitled, "Resolution Accepting Work on Sidewalk, Water Main, Grading, Base, Asphalt Paving, Concrete Curb and Gutter and Appurtenant Work, Improvement Nos. 72-04, 72-05, 72-06, and 72-10. " The motion carried 6 - 0 (Councilman Graves was not present). 2. Final Payment, street, bridge and retaining wall, Imp. No. 62-27. Contractor, Foley Bros., Inc. and Oster & Pederson, Inc. Amount, $84, 885. 03. RESOLUTION NO, 4711 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4711 entitled, "Resolution Accepting Work on Street, Bridge, and Retaining Wall Improvement No. 62-27. " The motion carried 6 - 0 (Councilman Graves was not present). 3. Final Payment, grading, drainage, curb and gutter and bituminous surfacing, Imp. No. 72-22. Contractor, Shafer Contracting Co. , Inc. Amount, $4, 230. 97. RESOLUTION NO. 4712 It was moved by Councilman Griak, seconded by Councilman i Hanks, to waive reading and adopt Resolution ai° 4712 enttled, nage, Curb and Gutter "Resolution Accepting Work on Gradings ent No. ?2 22. " The motion and Bituminous Surfacing, Improvement carried 6 0 (Councilman Graves was not present). 384 ° Council Minutes, December 18, 1972 12. (b) 4. Final Payment, street lighting, Imp. No. 72-30. Contractor, Batzli Electric Company. Amount, $9, 060. 62. RESOLUTION NO. 4713 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4713 entitled, "Resolution Accepting Work on Arterial Street Lighting Improvement No. 72-30. " The motion carried 6 - 0 (Councilman Graves was not present). 5. Partial Payment No. 3, athletic field lighting. Contractor, Batzli Electric Company. Amount, $11, 669. 00. It was moved by Councilman Griak, seconded by Councilman Hanks, to approve and authorize payment. The motion carried 6 - 0 (Councilman Graves was not present). 13. ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Griak, the meeting adjourned at 11:20 p.m. by a six yea vote. Attest: Alice M. Carlson, Secretary 385 Frank J.41 tcci, Mayor