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HomeMy WebLinkAbout1972/04/17 - ADMIN - Minutes - City Council - Regular NVTICs CITY COUNCIL, MEETING ST , LOUIS PARK , MINNESOTA April 17 , 1972 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Pucci at 8 : 15 p . m . Z . INVOCATION Invocation was given by Rev . Father Cecil Houle of the Holy Family Catholic Church . 3 . ROLL CALL The following Councilmen were present at roll call : Frank Fleetham Rose - Mary Griak Lyle Hanks James Heltzer Leonard Thiel Frank Puc c i Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , City Assessor , and Secretary . Councilman Graves arrived at 8 : 45 p . m . 4 . MINUTES On motion of Councilman Fleetham , seconded by Councilman Griak , the minutes of the regular meeting held April 3 , 1972 , were approved by a six yea vote . 5 . PUBLIC HEARINGS ( a ) PROPOSED IMPROVEMENT NO, 72 - 04 , PAVING , CURB AND GUTTER , AND SIDEWALK REPAIR ON WEST FRANKLIN AVENUE FROM LOUISIANA AVENUE TO PENNSYLVANIA AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 6 AND APRIL 13 , 1972 Mayor Pucci• opened the hearing , Mrs . Sally Goldstein , 1850 Nevada Avenue , presented a petition objecting to the proposed assessment because the signers felt the Ridgway - Claymore development should pay for the repair and maintenance of the street and sidewalk. 87 i n Council Minutes , April 17 , 1972 rovement had originally 5 . (a ) The City Manager explained that this moved until construction been part of another project ,mai had been installed in the area . of the apartments and water ' The Director of Public Wo described the proposed project and the City Assessor explained the assessment policy and allocation -1 of costs . Mr . Sam Goldman , 1841 Nevada Avenue , felt his street was not in need of repair . Mrs . Shirley May , 1851 Maryland Avenue , favored the construction ofof curb and gutter but felt more of the cost should be allot to the apartment and townhouse complex . Mrs . Shelton Fisher , 1826 Louisiana Avenue , felt this improvement would not benefit her property . There being no one else present wishing to speak , Mayor Pucci declared the hearing closed . RESOLUTION NO . 4477 i It was moved by Councilman Griak , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4477 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No . 72 - 04 . " The motion carried 7 - 0 . Councilman Thiel moved that Legal and Assessing Departments review the possibility of examining the assessment in this area as it relates to the residents and the apartment complex . Councilman Hanks secondee and the motion carried 7 - 0 . (b ) PROPOSED IMPROVEMENT NO, 72 - 22 , PAVING , LOUISIANA CIRCLE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 6 AND APRIL 13 , 1972 r Mayor Pucci opened the hearing . There being no one present wishing to speak , Mayor Pucci declared the hearing closed . RESOLUTION NO. 4478 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4478 entitled , " Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No , 72 - 22 . ItThe motion carried 7 - 0 . 88 1 e Council Minutes , April 17 , 1972 5 , ( c ) PROPOSED AMENDMENT TO ST . LOUIS PARK ZONING ORDINANCE SECTION 6 : 090 RELATING TO MULTIPLE FAMILY STRUCTURES , BOARDING HOUSES , AND FRATERNITY AND SORORITY HOUSES , REQUIRING THAT SAID USES BE PERMITTED ONLY BY SPECIAL PERMIT IN THE R - 4 , ONE TO ELEVEN FAMILY RESIDENCE DISTRICT , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 6 , 1972 Mayor Pucci opened the hearing . Councilman Fleetham explained that the Planning Commission had requested this amendment be studied . The Commission felt there should be review of development in R - 4 Districts , especially when abutting other residential districts . There being no one present wishing to speak , Mayor Pucci declared the hearing closed . It was moved by Councilman Hanks , seconded by Councilman Fleetham , to waive first reading of proposed ordinance and set second reading May 1 , 1972 ,, The motion carried 7 - 0 . (d ) PROPOSED VARIANCE FROM SECTION 6 : 044 . 2 OF THE ZONING ORDINANCE TO PERMIT A FRONT YARD OF 0 FEET INSTEAD OF THE REQUIRED 10 FEET AND A SIDE YARD OF i FOOT INSTEAD OF THE REQUIRED 5 FEET ON PROPERTY AT 2920 OREGON AVENUE , REQUESTED BY LEO ROGERS , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 6 , 1972 Mayor Pucci opened the Bearing , Mr . Leo Rogers , 2920 Oregon Avenue , urged granting of the variance . He had a letter f ,.Oom neighbor adjacent to the proposed garage indicating that he had no objection to the variance . There being no one else present wishing to speak , Mayor Pucci declared the hearing closed . There was discussion concerning the practicality and safety of the proposed variance in front yard requirements . RESOLUTION NO. 4479 It was moved by Councilman►. Heltzer , seconded by Councilman Hanks , to waive reading and adopt Resolution No . 4479 entitled , " Resolution Granting Variance in Side Yard Width from the Requirements of Section 6 : 044 . 2 of the St . Louis Park Zoning Ordinance ° " The motion carried 6 - 1 , Councilman Thiel voting nay , 89 s Council Minutes , April 17 , 1972 5 . (e ) APPLICATION FOR NON - INTOXICATING LIQUOR LICENSE , ON - SALE BY TEXA TONKA LANES , 8200 MINNETONKA BOULEVARD , Al DESCRIBED IN NOTICE OF HEARING PUBLISHED MAR 972 Mayor Pucci opened the hearing . Mr . Arthur Mack , attorney , 1805 Ford Road , represented the applicant . He stated that the owaership would meet anything Council feels to need to grant such a license , There was discussion by Council concerning attraction of pinball machines and other coin operated amusement devices to young people in the area . Mr . Phillip Smith , 2401 Hampshire Avenue , said that he is licensed to operate the devices at this location , that the beer license should ' be granted and that he felt discrediting of his business was not warranted . There being no one else present wishing to speak , Mayor Pucci declared the hearing closed . It was moved by Councilman Graves , seconded by Councilman Thiel , to approve the application for an on - sale non - intoxicating malt liquor license with the following conditions : no non - intoxicating malt liquor shall be dispensed on the premises prior to 5 : 00 p . m , of any licensed approved day of operation except to adult bowling teams ; no non . intoxicating malt liquor shall be dispensed on the premises during any junior bowling league function ; all pinball machines and related amusement devices shall be removed from the premises ; there shall be two adult full time employees , in addition to the management , for dispensing the non - intoxicating malt liquor ; and all bowling leagues shall be registered with listings of team members and their ages to familiarize the bowline; establisr :Hent management with the team members and their ages to avoid serving minors or to prevent minors obtaining non - intoxicataing malt liquor through team members . The motion carried 6 - 1 , Councilman Heltzer voting nay , Mr . Mack stated that the managernent would comply with these conditions and would send a letter confirming its intention. Mr . Al Hoglund , 2. 719 Raleigh Avenue , said he felt there would be difficulty in enforcement because of the exceptions in the serving hour s . (f ) PROPOSED NEIGHBORHOOD DEVELOPMENT PROGRAM FOR THE AREA BOUNDED IN GENERAL BY WEST 32ND STREET , GORHAM AVENUE , FIRST STREET NORTHWEST , REPUBLIC AVENUE , 90 Council Ydau.tes . April 17 , 1972 5 . (f ) HIGHWAY NO, 79 AND PENNSYLVANIA AVENUE , AS DESCRIBEDr IN NOTICE OF HEARING PUBLISHED MARCH 23 , 1972 ( CONTINUED FROM APRIL 3 , 1972 ) There being no one present wishing to speak , Mayor Pucci declared the hearing closed . RESOLUTION NO, 4480 It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4480 entitled , " Resolution of City Council of St . Louis Park , Minnesota Approving the Urban Renewal Plan and the Feasibility of Relocation for Neighborhood Development . " The motion carried 7 - 0 . 6 . PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) COMMUNICATION FROM HUMAN RIGHTS COMMISSION AS IT RELATES TO FORWARDING OF POLICIES / OPINIONS TO OTHER GOVERNMENTAL BODIES Councilman Griak stated it was her feeling that the Chairman of the Human Rights Commission expressed very well the desires of the Council . Councilman Griak moved to accept the communication and order it to be received for filing . Councilman Hanks seconded and the motion carried 7 - 0 . (b ) NOTICE OF INTENT TO CONDUCT BINGO GAME AT 5605 WEST 36TH STREET BY VFW # 5632 - FRIDAY AND SUNDAY NIGHTS FROM JUNE 30 , 1972 TO DECEMBER 31 , 1972 Upon hearing no objection , the notice was ordered by the Mayor to be received for filing . ( c ) REQUEST OF POLICE DEPARTMENT TO ADDRESS COUNCIL CONCERNING LABOR NEGOTIATIONS Mr . Larry Sewall was present , along with John McDonald of Local 57 , to represent the Police Department . The Mayor read a letter that had been sent to the union officials stating Council policy regarding the discussing of wage negotiations which indicated that Council did not wish to have talks with the union until every effort to settle had been exhausted . The Mayor stated that the method of fact - finding had not been undertaken . 91 Council Minutes . April 17 , 1972 6 . (c ) Mr . Sewall explained the present status of the negotiations . 7 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTHORIZING PLACEMENT OF STOP SIGN FOR TRAFFIC CONTROL AT INTERSECTION OF ZARTHAN AVENUE AND WEST 16TH STREET (AUTHORIZED APRIL 3 , 1972 ) RESOLUTION N0. 4481 It was moved by Councilman Griak , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4481 entitled , " Resolution Authorizing Placement of Stop Sign for Traffic Control at Intersection of Zarthan Avenue and West 16th Street . " The motion carried 7 - 00 (b ) RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR A FEDERAL GRANT TO ACQUIRE OPEN SPACE LAND ( PLAN D ) RESOLUTION NO, 4482 It was moved by Councilman Graves , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4482 entitled , " Resolution Authorizing the City Manager to File an Application for a Federal Grant to Acquire Open Space Land ( Plan " D " ). " The I motion carried 7 - 0. Cc ? RLSOLUTION DES1GNATiNU DEY'tb1 'T04RT1r &5 AND RESOLUTIONS APPROVING COLLATERAL (M & C NO. 72 - 11 ) RESOLUTION NO, 4483 It was moved by Councilman G " lak , seconded by Councilman Graves, to waive reading and adopt Resolution No . 4483 entitled , " Resolution Designating Depositories for City Funds . It The motion carried ? - 0. RESOLUTION NO, 4484 It was moved by Councilman Griak, seconded by Councilman Graves , to waive reading and adopt Resolution No . 4484 entitled , " Resolution Approving Securities for Collateral from Citizens State Bank of St. Louis Park , Minnesota . " The motion carried 7 - 0 , RESOLUTION NO. 4485 It was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4484 entitled , " Resolution 92 Council Minutes , April 17 , 1972 7 , (c ) Approving Securities for Collateral From M of Minneapolis , Minneapolis , Minnesota . 11 Trquette National Bank he motion carred 7 - p RESOLUTION NO. 4486 It was moved by Councilman Griak , seconded to waive reading and adopt by Councilman Graves , Approving Securities for p Resolution No . 4486 entitled , "Resolution Collateral from Firs Of St. Louis Park , Minnesota , 11 The motion carried State Bank rried 7 - 00 RESOLUTION NO, 4487 It was moved by Councilman Griak , seconded by Co to waive reading and adopt Resolution No . 4487 entitled R Graves , "R Approving Securities for Collateral From Park Nation "Resolution St . Louis Park , St . Louis Park , Minnesota � t Bank of 7 _ pe The motion carried RESOLUTION NO, 4488 It was moved by Councilman Griak , seconded by Councilman Graves to waive reading and adopt Resolution No . 4488 entitled , " Resolution Approving Securities for Collateral from First National Bank of Hopkins , Hopkins , Minnesota . " The motion carried 7 - 0 . RESOLUTION NO, 4489 It was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4489 entitled , " Resolution APproing Securities for Collateral from First Plymouth National Bank of Minneapolis , Minneapolis , Minnesota . " The motion carried 7 - 0 . RESOLUTION NO, 4490 It was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No . 4490 entitled , " Resolution Approving Securities for Collateral from Americana State Bank of Edina , Edina , Minnesota . " The motion carried 7 - 0 . (d ) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IMPROVEN:ENT NOS . 72 - 23 , 68 - 03 , 72 - 32 , 72 - 260 72 - 291 AND 65 - 20 RESOLUTION NO. 4491 It was moved by Councilman Hanks , seconded by Councilman Griak . to waive reading and adopt Resolution No . 4491 entitled , " Resolution 93 ~�. Council Minutes , April 17 , 1972 7 . (d ) Approving Plans and Specifications and Authorizing Advertisement for Bids Improvement Nos . 72 - 23 , 68 - 03 , 72 - 32 , 72 - z6 , 72 - 29 , and 4 65 - 20 . " The motion carried 7 - 0 . 8 . REPORTS OF OFFICERS , BOARDS , AND COMMITTEES ( a ) REPORT OF CITY MANAGER - CATV ORDINANCE ( REQUESTED MARCH 20 , 1972 BY COUNCILMAN HELTZER ) It was moved by Councilman Graves , seconded by Councilman Hanks , to discuss this at a special meeting April 24 , 1972 at 7 : 30 p . m . The motion carried 7 - 0 . (b ) REPORT OF PLANNING COMMISSION WITH RESPECT TO PARCELS OF LAND ( CASE NO. 72 - 10 - RE ) The City Manager explained that three of the parcels described should be retained by the City . RESOLUTION NO. 4492 It was moved by Councilman Griak , seconded by Councilman Heltzer , to waive reading and adopt Resolution No . 4492 entitled , "Authorizing Reconveyance of Tax - Forfeited Lands , " retaining parcels identified ' by the City Manager as parcels 3 , 1 , and 12 on the map . The motion carried 7 - 0 . (c ) REPORT OF TRAFFIC STUDY (# 36 ) - 3900 BLOCK OF WOODDALE AVENUE It was moved by Councilman Hanks , seconded by Councilman Graves , to table this study. The motion carried 7 - 0 . (d ) MONTHLY FINANCIAL REPORT - FEBRUARY 1972 There being no discussion , the report was ordered by the Mayor to be received for filing . (d ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY IviEETiNTO HELD MARCH 14 , 1972 After discussion concerning the status of the leasing program , the minutes were ordered by the Mayor to be received for filing . i (f ) MINUTES OF SPECIAL MEETING OF PLANNING COMMISSION HELD MARCH 29 , 1972 There being no discussion , the minutes were ordered by the Mayor t0 be received for filing . 94 Council Minutes , April 17 , 1972 g , ( g ) MINUTES OF PLANNING CO1%GV.ISSI0N MEETING HELD APRIL 5 , 1972 There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( h ) PROGRESS i: EPORT OF CITIZENS ADVISORY COMMITTEE Upon hearing no discussion , the report was ordered by the Mayor to be received for filing . ( i ) MINUTES OF ENVIRONMENTAL IMPROVEIVLENT COMMISSION MEETING HELD MARCH 22 , 1972 There being no discussion , the minutes were ordered by the Mayor to be received for filing . (j ) REPORT OF CITY MANAGER - 1972 PROPOSED BOND SALE ( M & C NO. 72 - 12 ) RESOLUTION NO. 4493 It was moved by Councilman Thiel , seconded by Councilman Griak , to waive reading and adopt Resolution No . 4493 entitled , " Resolution Providing For the Issuance and Sale of $ 5 , 000 , 000 General Obligation Improvement Bonds of 1972 and Authorizing Advertisement for Bids , " following recommended schedule , authorizing T . G . Evensen & Associates , Inc . to act as financial consultants , authorizing Howard , Le Fevre , Lefler , Hamilton , and Pearson to render legal opinions , and authorizing the securing of current credit ratings from Moody ' s Investors ' Service , Inc . and Standard and Poor ' s Corporation. The motion carried 7 - 0 . 9 . UNFINISHED BUSINESS (a ) REQUEST FOR VARIANCE ( CASE NO. 71 - 80 - VAR . ) IN PARKING REQUIREMENTS , PIZZA HOUSE ( DEFERRED FROM APRIL 3 , 1972 ) Councilman Heltzer moved to request Planning Commission and Department for their advice and recommendation in regard to proper parking requirements for restaurants that do not have liquor licenses . Councilman Hanks seconded and the motion carried 7 - 0 . (b ) PROPOSED ZONING ORDINANCE AMENDMENT FOR HOUSING FOR THE ELDERLY ( CASE NO. 70 - 50 - ZA ) 95 Council Minu': c April 17 , 1972 9 . (b ) It was moved by Councilman Heltzer , seconded by on carried?an Graves , to set hearing May 159 1972 . The mo 0 . (c ) TRAFFIC STUDY ( # 38 ) - ZARTHAN AVENUE BETWEEN ERREn MINNETONKA BOULEVARD AND LAKE STREET FROM APRIL 39 1972 ) It was moved by Councilman Graves , seconded bay Councilman Heltzer , to table this matter . The motion carried 7 - 0 . (d ) REQUEST OF FARMER SEED AND NURSERY COMPANY FOR SPECIAL PERMIT ( CASE NO. 71 - 53 - S . P . ) FOR OUTDOOR SALES OF HORTICULTURAL PRODUCTS ( TABLED DECEMBER 69 1971 ) It was moved by Councilman Heltzer , seconded by Councilman Thiel , to remove this matter from the table . The motion carried 7 - 0 . The City Manager gave some background on the request for special permit explaining that the reason the matter had been tabled was the outside appearance and zoning violations had not been corrected as requested by Council . Mr . Robert Horner , manager , and Mr . Bob Ehrenberg were present urging Council to grant the special permit , indicating that the requirements would be met in the first part of next week. After discussion concerning the matters that had been unresolved since the matter was tabled in December , Councilman Griak moved that the request for special permit be returned to Council when conditions have been met. Councilman Heltzer seconded and the motion carried 7 - 0 . 10 . NEW BUSINESS (a ) PROPOSED CHANGE ORDER - CENTRAL GARAGE FACILITY DELETING SOD OVER STORAGE TANK AREA - CREDIT $478 . 66 It was moved by Councilman Graves , seconded by Councilman Hanks , to approve the proposed change order and authorize execution by the City Manager . (b ) LAND ACQUISITION - SANITARY SEWER EASEMENTS ( PAR OF LOT 9 , BLOCK 29 SUNSET GABLES SECOND DIVISION It was moved by Councilman Griak , seconded by Councilman Heltzer , to accept deeds and order same filed for record . The motion carried 7 - 0 . 96 Council Minutes , April 17 , 1972 10 , (c ) ATHLETIC FIELD LIGHTING - ENGINEERING SERVICES It was moved by Councilman Hanks , seconded by Councilman Thiel , to authorize W . J , Sutherland & Assoc . as consultants for engineering services and approve execution of contract . (d ) CITY NEWSLETTER Mayor Pucci requested that following the special meeting ' s April 24 discussion concerning CATV there be discussion regarding the frequency of the city newsletter . (e ) REPAIRS OF WATER SERVICE LINES Councilman Heltzer explained that he has had complaints from citizens concerning charges for breaks which occur in water lines between residents ' homes and center of street . Councilman Thiel moved that staff report concerning this with recommendation as to how it should be handled . Councilman Heltzer seconded and the motion carried 7 - 0 . 11 , M1ISC % LLANEOUS (a ) DAMAGE CLAIMS 1 . Don Fox , 2037 Utah Avenue 2 . Alvin G . Burwell , Woming , Minnesota Councilman Hanks moved to file claims with City Clerk for proper action by City Manager and City attorney . Councilman Thiel seconded and the motion carried 7 - 0 . (b ) REAPPOINTMENTS TO METRO COUNCIL COMMITTEES The City Manager informed Council that the term of William Thibault to the Technical Advisory Committee of the Transportation Program , and the term of Leonard Thiel to the Transportation Management Committee have expired . Councilman Graves moved theirrea�po ntment . Councilman Hanks seconded and the motion carried 7 - 0 . � �Z (c ) LEASE OF OFFICE SPACE TO HENNEPIN COUNTY COURT Councilman Griak moved to renew the lease changing the rental from $ 14 , 000 to $ 15 , 400 . Councilman Fleetham seconded and the motion carried 7 - 0 . 97 Council iviinutes • April 17 , 1972 12 . CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS ed b Councilman Griak , On motion of Councilman Graves , second y the lists of verified claims prepared by the Direct r of Finance dated April 17 � 19 262n the total and presented to the Councilfor vendors amounts of $ 2 , 520 . 26 for payroll , and $ 66 , 80 • were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a seven yea vote . 13 . ADJOURNMENT On motion of Councilman Thiel , seconded by Councilman Griak , the meeting was adjourned at 11 : 10 p . M . by a seven yea vote . Frank J . ci , Mayor Attest : / � r Alice M. Carlson , Secretary 98