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Home My WebLink About1972/05/30 - ADMIN - Minutes - City Council - RegularNj,INUTES CITY COUNCIL IvIEETIN G ST. LOUIS PARK, IviiNNESOTA Nay 30; 1972 1. CALL TO ORDER Cit Council was called to order by Mayor Pucci A regular meeting of the y at 8:03 p. m. 2. INVOCATION There being ein no one present from the Ministerial Association, no invocation. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Rose -Mary Griak Lyle Hanks James Heltze r Leonard Thiel Frank Pucci there was Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, Director of Public Works, City Assessor, and Secretary. ived at 8:27 p. m. Councilman Heltzer left the Councilman Graves arr meeting at 11:30 p.m. and Councilman Graves at 11.50 p. m. 4. MINUTES On motion of Councilman Griak, seconded by Councilman Thiel, the minutes of the regular meeting held May 15, 1972 and special meeting held May 22, 1972, were approved by a six yea vote. 5. PUBLIC HEARINGS a) IMPROVEMENT NO. 72-10, PAVING AND CURB AND GUTTER 11*4X0I DAKOTA AVENUE FROM EXCELSIOR BOULEVARD TO 39TH ETA REFIT COLORADO AVENUE FROM DAKOTA AVENUE TO 39TH ST ENU� AND 39TH STRE:.T FRONT DAKOTA AVENUE TO COLORADO VFNU BROOKVIEW LANE FROM BRUNSWICK AVENUE TO COL ORADO AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 19 AND MAY 269 1972. Mayor Pucci opened the hearing. 132 Council IVii.nutes, May 30, 1972 5. (a) The Director of Public Works described the proposed project and the City Assessor explained the assessment policy. Mr. Frank Wassmer, 3979 Colorado Avenue, presented a petition for permanent street without curb and gutter, expressed concern about losing trees, and questioned difference in amount of increase between paving and curb and gutter. Mr. Ken Magnuson, 3963 Dakota and Mr. P. We Roth, 3964 Colorado Avenue, were opposed to curb and gutter. The Director of Public Works explained the advantages of curb and gutter in street life and maintenance, as well as the difference in increase of cost of paving and curb and gutter. Mr. F rang Bi.e.kheit, 3936 Brunswick Avenue, had questions concerning the method of assessment which were properly answered by the City Assessor. Messrs. Vern Harjes, 3933 Colorado; Gene Hickey, 3934 Dakota; Gordon Weyerauch, 3974 Dakota; John Bergan, 3938 Dakota; and R. Doimer, 3978 Dakota, spoke in favor of the improvement as proposed. Mr. Doimer indicated that he had been previously misled and wanted his name removed from the petition presented by Mr. Was sme r. Stella Hawkinson, owner of rental property at 3993-95-97 Dakota, objected to the improvement because curb would eliminate the parking lot in front of her property and cause her hardship in ability to rent the units, There was discussion as to whether this was a non -conforming use or violation of the zoning ordinance. Councilman Hanks requested report on this to see what alternatives might be for solving this problem. Mr. Richard Grussendorf,3971 Colorado, questioned the differences in life and cost between permanent and temporary paving, with and with- out curb and gutter. Mr. Ron Sellnow, 3968 Colorado, questioned the type of construction and the cost of paving and curb and gutter. He asked if the City would pick up 75% of the total cost or reduction in the $8. 00 a front foot. Mr. Harold Clemensen, 3989 Colorado, asked what was going to be done about street maintenance until Council decides upon the ordering in of the improvement. Councilman Hanks explained that he had erred in saying that no trees would be taken and found that two or three will have to be remoVed. He said a meeting had been held after the petition was circulated and he now found that some who signed the petition had 133 Council miinute s , May 30, 1972 5 a Chan ed their opiniont s and he was not able to know just how many .() g had changed their mind after the facts were presented at h meeting. He indicated he had asked people to write to Winn this after the meeting to inform ho of their wishes concerning improvement. He had received only about twelve replies, all in favor of the improvement as proposed. Mr. Al Lampe, 3924 Dakota, felt there should be more .studies of streets without curb and gutter. There being no one else present wishing to speak, the Mayor closed the hearing. Councilman Heltzer said he feels it unfair for citizens who have f the cost of paid for permanent streets to have to bear the burden street maintenance for those not having permanent streets constructed. Councilman Fleetham agreed with this view. RESOLUTION NO. 4516 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4516 entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 72-10 Paving and Curb and Gutter. " The motion carried 7 - 0. Councilman Griak moved that by June 19 staff have a report concerning alternatives for assessing procedure since, if real choices are being given, this information will be necessary. Councilman Heltzer seconded and the motion carried 7 - 0. (b) IMPROVEMENT NO. 72-051 PAVING AND CURB AND GUTTER IN COLORADO AND DAKOTA AVENUES FRONL WEST 16TH STREET TO HIGHWAY NO. 12 FRONTAGE ROAD; WEST 16TH STREET FROM' COLORADO TO DAKOTA; AND WEST 14TH STREET FROM DAKOTA TO 302 FEET EAST OF COLORADO, ALSO A WATE,RMAIN IN 12AKOTA AVENUE FROM HIGHWAY 12 TO 16TH STREET, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 4 AND MAY 11, 1972 Mayor Pucci opened the hearing. Mrs. Dorothy Hamilton, 1614 Colorado, said she felt the apartments received more benefit from improvements in the area. The Director of Public Works explained the proposed project and the City Assessor explained the assessment policy. 134 Council Iviinute s, May 30, 1972 5. (b) Ivir. Stan Thomas, 3887 Highway 100, apartment owner, objected to the improvement and the assessment. Ivlrs. Herbert Alderson, 1609 Colorado, objected to the assessment. Mr. Lester McGowan, 3369 Xenwood, explained that he was holding a contract for deed on 1345 Colorado and questioned the need for paving 14th Street to Barrett's property. Councilman Fleetham asked that the City Attorney research the legality of assessing properties in this area at the residential rate until such time as they are put into commercial use. There being no one else present wishing to speak, the Mayor closed the hearing. Councilman Griak moved to delete that portion of West 14th Street lying east of Colorado Avenue for a distance of 302 feet until there is a report from the Planning Department as to the use to be made of this area. Councilman Graves seconded and the motion carried 7 - 0. i RESOLUTION NO, 4517 It was moved by Councilman Heltzer, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4517 entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No, 72-05 Paving, Curb and Gutter, and '\ atermain. " The motion carried 7 - 0. (c) IMPROVEMENT NO, 71-03B, SIDEWALK, NORTH SIDE OF MINNETONKA BOULEVARD FROM TEXAS AVENUE TO VIRGINIA AVENUE AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 4 AND MAY 11, 1972 (CCNTINUED FROM MA Y 15, 1972. ) The Director of Public Works described the proposed project as part of the project that previously constructed sidewalk on the north side of the street, this one requiring a retaining wall because of the topography. The City Assessor explained that the assessment would be the total cost. Iver. Jeff Fine, representing the sole property owner, presented exhibits to Council and a lained the compromise arrived at previously to provide sidewalk by in of bumper curbs and striping a walkway which was to be kept clear for pedestrians. -135- �'` e w Council Minutes, N.Lay 30, 1972 He said that the change in elevation is going to effect the center curb cut and create a more serious hazard for pedestrians in the area. He felt the present walkway should be maintained, the crosswalk at Utah eliminated, and people encouraged to use the sidewalk within the shopping center. Mrs. Min Himrnelman, 8308 West 30? Street, said she would be happy to have a sidewalk on the north side similar to that on the south side but felt people could be directed to walk on the north side where there is a sidewalk. Councilman Thiel felt the sidewalk not necessary for pedestrian safety, would not be greatly used and create greater hazard than presently exists. Councilman Heltzer also felt that z sidewalk should be built on both sides of such heavily traveled thoroughfares and could not see that it would increase a hazard. He inquired as to loss of parking spaces because of sidewalk construction. The Director of Public Works estimated that there would be a loss of twelve to fourteen spaces on private property and about twelve spaces presently being used for parking on public right-of-way. Councilman Griak felt the sidewalk on the north side would not serve a useful purpose, but cause more difficulty in maneuvering in the area. The Planning Director explained the purpose and requirements of setback in the area. Councilman Fleetham felt more effort should be made to work with commercial establishments to solve their access and parking p roblems. Councilman Hanks was concerned that other shopping centers in the City might be having some of the same problems and was eager to have them receive equitable treatment. There being no one else present wishing to speak, the Mayor closed the hearing. Councilman Hanks moved to defer this project for study of all shopping centers. Councilman Griak seconded and the motion carried 4 - 3, Councilmen h�eltzer and Graves and lV,.ayor Pucci voting nay. -136- Council Minutes, Iviay 30, 1972 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) REQUEST FROM CITIZENS ADVISORY COMMITTEE MITTEE *RELATIVE TO REVIEWAL OF THE REVISED CAPITA.'L, Il/iPROVEMENT PROGRAM It was moved by Councilman Graves, seconded by Councilman Hanks, to refer revised Capital Improvement Program to Citizens Advisory Committee for review. The motion carried 6 - 0 (Councilman Heltzer was not present). (b) REQUEST OF ROTARY CLUB TO WAIVE PERMIT FEE FOR BENEFIT CARNIVAL It was moved by Councilman Graves, seconded by Councilman Hanks to waive permit fee and grant permit. The motion carried 6 - 0 (Councilman Heltzer was not present). (c) REQUEST OF VFW TO PERMIT FIREWORKS DISPLAY - AQ UI LA PARK RESOLUTION NO, 4518 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4518 entitled, "Granting Temporary Use of City Property". The motion carried 6 - 0 (Councilman Heltzer was not present). 7• RESOLUTIONS AND ORDINANCES (a) SECOND READING OF PROPOSED ORDINANCE VACATING ALLEY AND REPEALING ORDINANCE 1180 ADOPTED MARCH 6, 1972 OR DINri NCE. NO. 1185 It was moved by Councilman Graves, seconded by Councilman Griak, to waive second reading and adopt Ordinance No. 1185 entitled, "An Ordinance Vacating Alley and Repealing Ordinance No. 1180 Adopted Larch 6, 1972. " The motion carried 6 - 0 (Councilman heltzer was not present). (b)SECOND READING OF PROPOSED ORDINANCE AUTHORIZING T1-1ILI 1 TRANSFERS OF FUNDS AND PROVIDING APPROPRIATIONS FOR SALARY ADJUSTMENTS, CLOTHING ALLOWANCE AND SEVERANCE PAY FOR YEAR ENDING DECEIv1BER 31, 1972 -137- Council Minutes, May 300 1972 ORII NANCE NO. 1186 It was moved by Councilman Thiel, seconded by Councilman id reading and adopt Ordinancf 186 Graves, to wave seconthe Transfers o Funds entitled, "An Ordinance Authorizing and P roviding Appropriations for Salary Adjustments, Clothing Allowance and Severance Pay for Year li.nding December 31, 1972. " The motion carried 6 - 0 (Councilman Heltzer was not present). (c) RESOLUTION DETERMINING TOTAL AMOUNTS hATOULDLS AS TAX HAVE BEEN ASSESSED AGAINST CERTAIN PARC LANDS HAD SUCH PROPERTIES BEEN SUBJECT TO ASSESSIViENT: ECTING DIRkAJTING PREPARATION OF ABSTRACT; AND DO THE CERTIFICATION TO THE COUNTY AUDITOR PURSUANT PROVISIONS OF CHAPTER 394 LAWS OF 1941 RESOLUTION NC. 4519 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4519, 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 Heltzer was not present). (d) RESOLUTION OF INTENT TO ADOPT CODES RESOLUTION NO. 4520 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Re3olution No. 4520, entitled, "A Resolution Supporting the Early Pdo*ption of State Building Code. " The motion carried 6 - 0 (Councilman Heltzer was not present). (e) RESOLUTION AMENDING RESOLUTION NO, 4294 BY DESIGNATING THE METROPOLITAN COUNCIL TO ACT AS GRANTEE FOR THE METRO COMMUNICATION UPGRADING PROGRAM (M&C NO. 72-22) RESOLUTION NO, 4521 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4521, entitled, "Resolution Amending Resolution No. 4294 by Designating -138- council Minutes, May 30, 1972 the Metropolitan Council to 1 ct as Grantee for the Metro Communicative Upgrading Program. " The motion carried 6 - 0 (Councilman Heltzer was not present). (f) RESOLUTION AUTHORIZING AD VERTISEMENT FOR BIDS, imPROVEEMENT NOS, 72-04, 72-05, 72_06, AND 72-10 RESOLUTION NO, 4522 It was moved by Councilman Thiel, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4522, entitled, "Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Improvement Nos. 72-04, 72-05, 72-06, and 72-10. " The motion carried 6 - 0 (Councilman Heltzer was not present). (g) RESOLUTION CANCELLING SPECIAL ASSESSMENT, IMPROVE Vi NT NO. 65-46 RESOLUTION NO, 4523 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4523, entitled, "Resolution Cancelling Special Assessment. " The motion carried 6 - 0 ( Councilman Heltzer was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) R :PORT OF TRAFFIC STUDY (#40) - WESTWOOD HILLS DRIVE FROM TEXAS AVENUE TO FRANKLIN AVENUE Councilman Griak said that Mr. Sherr, 8155 Westwood Hills Drive, was concerned about speeding and felt the traffic should be slowed before it reaches Franklin Avenue. It was moved by Councilman Griak, seconded by Councilman Fleetham, to defer to June 5, 1972. The motion carried 6 - 0 (Councilman Heltzer was not present). (b) REPORT OF ATTENDANCE OF COMMISSION MEMBERS AND APPOINTMENTS TO BOARDS/ COMMISSIONS It was moved by Councilman Hanks, seconded by Councilman Graves, to defer to June 5, 1972. The motion carried 6 - 0 (Councilman Heltzer was not present). (�) C01ViNLUNITY HEALTH PROGRAIV, REPORT (Ni&C NO. 72-21) -139- At Council Iv�inutes, N -Lay 30, 1972 5 � Y (d) RESOLUTION NO. 4,524 .,k4�tr:mrn' seconded by Councilman It was moved by Councilman Hanks, l 45240 Fleetham, to waive reading and adopt ResoursAgreement entitled, "Resolution Authorizing Joint POwe aServi a Planning Establishing The Western Hennepin It' Councilman Heltzer was Committee. " The motion carried 6 - 0 not presents SE Noe ?1-82-ZA) REPORT OF PLANNING COMMISSION (CEVOELYN J. yIE PERS UPON THE REQUEST OF ARTHUR HE ZONING ORDINANCE TO TO AMEND SECTION 6:161.2 O PERMIT TIRE RECAPPING AS A USE IN THE 1-3 DISTRICT It was moved by Councilman Fleetham, seconded by Councilman Griak to reject. The motion carried 6 - 0 (Councilman Heltzer was not present). (e) REPORT OF PLANNING COMMISSION (CASE NO. 66-9-S) PRELIMINARY PLAT, 1. LOU PARK ADDITION The Planning Director explained that the plat had been applied for in 1966 and no up-to-date data had been supplied. It was moved by Councilman Fleetham, seconded by Councilman Hanks, to reject the proposed plat. The motion carried 5 - 0 (Councilmen Graves and Heltzer were not present). (f) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD MAY 100 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) MINUTES OF CITIZENS ADVISORY COMMITTEE: MEETING HELD MAY 11. 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (h) MINUTES OF PLANNING COMMISSION MEETING HELD MAY 17, There being no discussion, the minutes were ordered by the �VZaY°r to be received for filing. (i) REPORT OF LIQUOR SALES VIOLATION - REISS' OFF SALE LIQUOR STORE It was moved by Councilman Hanks, seconded by Councilman 1972 qA -140- � Council Minutes, May 30, 1972 Graves, to set hearing June 26 72 at 7 1 , 9 00 p.m. carried 6 - 0 ( Councilman Heltzer was not present). (j) iviONTHLY FINANCIAL R PORT - APRIL 1972 The motion There being no discussion, the report was ordered by the Mayor to be received for filing. 9. UNFINISHED BUSINESS (a) aEGULATION OF LITTER STORAGE (REFERRED TO CITIZENS ADVISOR f COMIVIITTEE MARCH 6, 1972) It was moved by Councilman Hanks, seconded by Councilman Fleetham, to waive first reading of proposed ordinance entitled, "An Ordinance 11mending Ordinance No. 775 Passed February 27, 1961 Entitled 'An Ordinance Prohibiting the Throwing or Depositing of Litter in Public Places in the City of St. Louis Park: Regulating the Distribution of Commercial and Non -Commercial Handbills: Controlling the Depositing of Litter on Private Premises: Providing a mien for City Clearance: and Prescribing Penalties for the Violation of its Provisions, ' Requiring that all Receptacles Containing Litter, Including but not Limited to Garbage and Refuse to Be Kept Covered, " and set second reading June 5, 1972. The lviotion carried 5 - 0 (Councilmen Graves and Heltzer were not present). (b) AGREEMENT WITI- SC.HOCL DISTRICT - PARKS AND RECRLATION (DEFERRED FROM MAY 15, 1972) It was moved by Councilman Hanks, seconded by Councilman Thiel, to authorize execution of the agreement. The motion carried 4 - 1, Ivlayor Pucci voting nay. (Councilmen Graves and Heltzer were not present). (c) CLOSING OLD CEDAR LAKE ROAD, OTTAWA M NATCHEZ 1 It was moved by Councilman Fleetham, seconded by Councilman Griak, to authorize closing of Old Cedar Lake Road between Natchez and Ottawa to vehicular traffic by construction of barriers. The motion carried 5 - 0 (Councilmen Graves and Heltzer were not present). `1 (d) PUBLIC SAFETY Councilman Graves moved that two weeks after settlement with the Fire Department a meeting be held regarding public safety proposals. Councilman Griak seconded and the motion carried 6 - 0 (Councilman Iieltzer was not present). -141- Council Ivlinutes, iuiay 30, 1972 (e) MINNETONKA BOULEVARD - TEXAS AVENUE: TO VIRGINIA AVENUE Councilman Thiel moved that staff study Minnetonka Boulevard from Texas Avenue to Virginia Avenue regarding recommendation for improvement of safety and report within sixty days. Councilman Hanks seconded and the motion carried 5 - 0 (Councilmen Graves and Heltzer were not present). (f) MEDIAN BARMIER - HIGHWAY 18 Councilman Griak expressed concern for accessibility to that area when the median is constructed. Mr. Marlow Noren, 1424 Kilmer, spoke as a fireman and resident of the area, expressing concern for access of emergency vehicles. RESOLUTION NO. 4525 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4525 entitled, "Resolution Repealing Resolution No. 4233 Entitled 'Resolution Approving Plans, Specifications and Special Provisions Hennepin County Project 6840, County State Aid Highway No. 18' and Requesting Reconsideration of Plans, Specifications, and Special Provisions Hennepin County Project 6840, County State Aid Highway No. 18. " The motion carried 6 - 0 (Councilman Heltzer was not present). Council requested that a copy of this resolution be sent to the County Commissioners. 10, NEW BUSINESS (a) TABULATION OF BIDS - PARK AND BOULEVARD TREES It was moved by Councilman Hanks, seconded by Councilman Griak, to designate Green Giant Home and Garden Centers, Inc. as the lowest responsible bidder in amount of $33.00 for green ash, $35. 00 for American Linden, and $33. 00 for silver maple. The motion carried 6 - 0 (Councilman Heltzer was not present). 11.MISCELLANEOUS (a) DAMAGE CLAIMS 1. R. L. Charlebois, 6712 West 26th Street It was moved by Councilman Hanks, seconded by Councilman Thiel, to file claim with City Clerk for proper action by the City Manager and City Pttorney. The motion carried 5 - 0 (Councilmen Graves and Heltzer were not present). -142- r E, aati. council IVlinute s , May 30, 1972 (b) RIGHT TURN ON REDi r41;14 Councilman Fleetham stated that since, after July 1, anyone c turn right on red light, if there are any intersections where this turn should not be permitted nsigns' should be placed. (c) SIGNING - MINNETONKA BOULEVARD AND TOLEDO AVENUE Councilman Thiel said that on Toledo and Minnetonka Boulevard the signal seems to block the vision to motorists coming out to Iviinnetonka Boulevard and suggested that the County be requested to correct this visual obstruction. (d) BOARD OF REVIEW Council requested that Board of Review be scheduled to convene June 120 1972 at 1:00 p.m. 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Thiel, seconded by Councilman Hanks, the lists of verified claims prepared by the Director of Finance and presented to the Council dated May 30, 1972 in the total amounts of $3, 686. 23 for payroll, and $122, 649. 11 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a five yea vote (Councilmen Graves and Heltzer were not present). 13, AIDJOURNME, NT Attest $ Alic On motion of Councilman Fleetham, seconded by Councilman Griak, the meeting was adjourned at 12:05 a.m. by a five yea vote. e IVI• Carlson, Secretary Frank J. Pucci, Mayor -143-