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Home My WebLink About1972/06/19 - ADMIN - Minutes - City Council - Regular (2)IvANUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 19, 1972 1. CALL TO ORDER A regular meeting of the City Council was called to order by President Pro Tem Tr iel at 8:20 p.m. 2. INVOCATION There being no one present from the Ministerial Association, no invocation was given. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Richard Graves Rose -Mary Griak Lyle Hanks James Heltzer Leonard Thiel Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, Director of Public Works, City Assessor, and Secretary. 4. MINUTES On motion of Councilman Heltzer, seconded by Councilman Fleetham, the minutes of the regular meeting held June 5, 1972, were approved by a six yea vote. 5. PUBLIC HEARINGS (a) PROPOSED VARIANCE FROM THE REQUIREMENTS OF SECTION 6:074.2 TO ALLOW AN ATTACHED GARAGE TO A SINGLE FAMILY HOME THEREBY EXCEEDING THE PERMITTED FLOOR AREA RATIO AND TO PERMIT A FLOOR AREA RATIO .37 INSTEAD OF THE PER" MITTED .30 AT 3944 NATCHEZ AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 8, 1972 The President Pro Tem opened the hearing. lvir. Tom Griffiths, Victoria, Minnesota, urged the granting of the variance. 163 rl e r Gauncil Minutes, June 19, 1972 5. (a) There being no one else present wishing to speak, the President Pro Tem closed the hearing. RESOLUTION NO, 4545 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Rei olution No. 4545 entitled, "Resolution Granting Variance of Floor Area Ratio from the Requirements of Section 6:074. 2 of the St. Louis Park Zoning Ordinance. " The motion carried 6- 0. (b) PROPOSED VARIANCE TO PERMIT THE DIVISION OF A LOT TO PERMIT A REAR YARD DEPTH OF 20 FEET INSTEAD OF THE REQUIRED 35 FEET ON THE EASTERLY PORTION OF THE LOT AND TO PERMIT A FRONT YARD DEPTH OF 30 FEET AND A REAR YARD DEPTH OF 25 FEET INSTEAD OF THE REQUIRED 35 FEET ON THE WESTERLY PORTION OF THE LOT FOR PROPERTY LOCATED AT 4244 ALABAMA AVENUE AND APPROXIMATELY 4251 MEADOW - BROOK BOULEVARD, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 1, 1972 The President Pro Tem opened the hearing. Mr. Robert Schwinn, 4306 Alabama Avenue, expressed concern as to whether the granting of the variance would set a precedent that would lead to variances for lots to the south. It was explained to him that each variance request is judged on its own merit. The Planning Director described the proposed variance and sizes of lots in the area. Mr. John Rydell, 4244 Alabama Avenue, applicant for the variance, expressed pleasure with the r_ .anner in which his request had been handled by the staff and Board of Zoning Appeals. There being no one else present wishing to speak, the President Pro Tem closed the hearing. RESOLUTION NO. 4546 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4546 entitled, "Resolution Granting Variance in Front and Rear Yard Depth from the Requirements of Section 6:064. 5 of the St. Louis Park Zoning Ordinance. " The motion carried 6 - 0. 164 l� 6 Council Minutes, June 19, 1972 5, (c) PROPOSED VACATION OF PORTIONS OF STREETS IN LEWISTON PARK, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 1, 1972 The President Pro Tem opened the hearing. The Planning Director described the proposed vacation of streets exp'.Qining that the present plat is out of date and inappropriate for the proposed development of the area. Mr. Tom Reiersgord, attorney representing Park Pet Hospital, stated that the Porter family owns five lots on Quentin and that the right-of-way proposed to be vacated provides access to Quentin Avenue. Mr. Steve Wilson, attorney, and Mr. Mark Dalquist, property owner, felt the vacation was necessary for proper development of their property, that the Park Pet Hospital would still have primary access to their property, and that they are attempting to work within the guidelines of the city ordinance to develop this land. It was explained that an easement for access had been offered to the owners of Park Pet Hospital to be in effect for as long as the same business continued to operate. Owners of the hospital did not agree to this type of easement because they felt it would lower the value of the property, After discussion, Councilman Hanks moved to continue the hearing to June 26, 1972, to give the property owners an opportunity to work out an agreement, Councilman Griak seconded and the motion carried 4 - 2, Councilmen Heltzer and Graves voting nay. (d) IMPROVEMENT NO. 72-07, PAVING, CURB AND GUTTER, SIDEWALK CONSTRUCTION AND REPAIR, AND MISCELLANEOUS UTILITY CONSTRUCTION, BIRCHW OOD PARK NEIGHBORHOOD INCLUDING THE AREA BETWEEN 1%.INNETONKA BOULEVARD AND 252 STREET FROM UTICA AVENUE TO BLACKSTONE AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 8 AND JUNE 15, 1972 The President Pro Tem opened the hearing. The Director of Public Works described the proposed project, explaining that the utility construction is water main looping to be paid from water revenues and water services to vacant lots, that there would be repair of existing sidewalks and construction of new sidewalks where particularly requested by the abutting property owner. 165 Council Minutes, June 19, 1972 5. (d) Mr. Harry Rose, 2653 Xenwood Avenue, questioned the sidewalk construction and was told it would be repaired where it is hazardous or badly cracked. Sharon Levinson, 2725 Yosemite Avenue, asked if there would be sidewalk to Xenwood Avenue. Councilman Fleetham explained that there will be a blacktop bicycle trail paid for from the park fund. Mr. Charles Vandervort, 2704 Webster Avenue, stated that 27th Street is higher than Webster Avenue, causing water to run down, freeze and crack the sidewalk. Mr. Gene Damm, 2845 Blackstone Avenue, complained about the maintenance of his street and said that after re surfacing, stop signs would be needed at 29th and 28th Streets to cut down speeds. He also felt cars should be parked on only one side of the street. The City Assessor explained the assessment policy as it applies to this particular project. Mrs. Enar Bergman, 2825 Yosemite Avenue, representing property owners on Yosemite from 29th Street to the dead end, presented a petition objecting to the proposed improvement. Marilyn Anderson, 2716 Vernon Avenue; Harold Benjamin, 2816 Xenwood Avenue; Charles Nelson, 2925 Alabama Avenue, Charles Marks, 2609 Yosemite Avenue; David Hellekson, 2628 Vernon Avenue, brought petitions opposing the proposed improvement. Mr. Geo Hoops, 2564 Xenwood Avenue, said he thought he had a permanent street. Mr. Jim Hyde, 2701 Webster Avenue; Mr, D. C. Dummer, 2744 Blackstone Avenue; and Mr Charles Vandevort, 2704 Webster Avenue, spoke in favor of the proposed improvement. Mr. John Anderson, 2700 Vernon Avenue, expressed concern about his corner being cut off to straighten the jog on 27th Street and felt something should be done to repair 27th Street. There being no one else present wishing to speak, the President Pro Tem closed the hearing^ Councilman Fleetham moved that the improvement be not made. Councilman Heltzer seconded and the motion carried 6 - 0. (e) PROPOSED CABLE TELEVISION FRANCHISE REGULATORY ORDINANCE CONSISTING OF: OPERATIONAL AND TECHNICAL STANDARDS; SERVICES TO BE PROVIDED; INDEMNIFICATION; 166 i Council Minutes, June 19, 1972 5. (e) CONDITIONS OF SYSTEM CONSTRUCTION AND USE; AND RATES AND FEES, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 1 AND JUrZ 159 1972 The President Pro Tem opened the hearing. Mr. Richard Schrad, Assist^ nt to the City Manager, gave back- ground of the proposed ordinance, bringing Council and other interested -to-date relative to the status of in persons present up r. Robert Brooks as the technical the matter. He introduced N consultant for the City. Each of the following cable television companies' represes ati on the made comments concerning their proposals and comment proposed ordinance: General Television - James Goetz and Norm Penwell Cypress Communications Corp. -Martin Blatt LVO -Sun Cable - Charles Norman Community Tele-Communications - Steve Schoen Minnesota Cable - Jim Keller General Electric - L. M. Holt Telecable Corporation - E. C. Oldfield, Jr. They agreed that the ordinance was stringent but one they could live with, indicating some minor changes and urging the a°ncil not reed that to procrastinate in the award of a franchise. They also g the statements they made would be given to the City in writing. Councilman Hanks said he felt that no hasty action be taken and that there would be innovations in the very near future that would be worth a delay. He said there had been no indication from the schools or citizens that they were eager for cable television. Mr. Dudley Moylan, 6920 Excelsior Boulevard, said that the CATV Advisory Committee should be representative of the citizens of St. Louis Park and that something be done to insure that cable television not be a "big brother". Mrs. Mattie Peterson, chairman of the Environmental Improvement Commission, felt no additional poles should be erected. Mr. Bob Arnold, 4065 Toledo Avenue, expressed concern that permanent streets might suffer damage from installation of the cable television. After discussion, Councilman Heltzer moved to set July 249 1972 for public hearing and first reading of the proposed ordinance. Council - 167 f Council Iviinutes, June 19, 1972 5, (e) man Graves seconded the motion which carried 4 - 2, Councilmen Hanks and Fleetham voting nay. Councilman Griaks moved to set date for meeting in a work session after the consultant has had time to review the ordinance and proposals, prior to the July 24 hearing. Councilman Graves seconded and the motion carried 6 - 0. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) STATEMENT FROM JOINT PLANNING COMMISSION AND CITIZENS ADVISORY COMMISSION REGARDING CITY-WIDE SIDEWALK STUDY Councilman Heltzer moved to concur in pilot study and direct the Planning Department to inform the committee that Council does not agree that there should be sidewalks on only side of thoroughfares. Councilman Griak seconded and the motion carried 5 - 0 (Councilman Hanks was out of the chambers). 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF PROPOSED ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEIV�ENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, PERMITS, FIRE ZONES, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF ST. LOUIS PARK PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR: DECLARING AND ESTABLISHING FIRE DISTRICTS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS ORDINANCES IN CONFLICT THEREWITH, INCLUDING ORDINANCE r D. 1054 ORDINANCE NO, 1188 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive second reading and adopt Ordinance No. 1188 entitled, "An Ordinance Regulating the Erection, Construction, Enlargement, Alteration, Repair, Moving, Removal, Conversion, Demolition, Occupancy, Eqp ui ment, Use, Height, Area, Permits, Fire Zones, and Maintenance of Buildings of Structures in e City - of St. Louis Park Providing for the Issuance of Permits and Collection of Fees Therefor: Declaring and Establishing Fire Districts: ProvidingPenalties for the Violation Thereof, and Repealing �udin g Ordinances and Parts of Ordinances in Conflict Therewith, Ordinance No. 1054. " The motion carried 5 - 0 (Councilman Graves was not present). 168 Council IViinute s, June 19, 1972 7. (b) RESOLUTION AUTHORIZING PLACEMENT OF STOP SIS 3 ST TRAFFIC CONTROL AT INTERSECTIONS OF 302 STR FT STREET AND 32ND STREET AT UTAH AVENUE, SIGNS LIMITING PARKING AND ESTABLISHING LOAD LIMITS ON UT H AVENUE (AUTHORIZED JUNE 5, 1972) RESOLUTION NO. 4547 It was moved by Councilman Griak, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4547 entitled, "Resolution Authorizing Placement of Stop Signs for Traffic Control at Inter- sections of 302 Street, 31st Street and 32nd Street at Utah Avenue, Signs Limiting Parking and Establishing Load Limits on Utah Avenue. it The motion carried 4 - 1, Councilman Fleetham voting nay because he felt there were too many stop signs (Councilman Graves was not present). (c) RESOLUTION AUTHORIZING PLACEMENT OF STOP SIGNS FOR TRAFFIC CONTROL AT INTERSECTIONS OF WESTWOOD HILLS DRIVE AT FRANKLIN AVENUE AND TWO-WAY STOP SIGNS AT BOTH INTERSECTIONS OF WESTW OOD HILLS DRIVE AND WEST- WOOD HILLS CURVE (AUTHORIZED JUNE 5, 1972) RESOLUTION NO. 4548 It was moved by Councilman Hanks, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4548 entitled, "Resolution Authorizing Placement of Stop Signs for Traffic Control at Inter- sections of Westwood Hills Drive at Franklin Avenue, and Two -Way Stop Signs at Both Intersections of Westwood Hills Drive and Westwood Hills Curve. " The motion carried 4 - 1, Councilman Fleetham voting nay because he felt there were too many stop signs. (Councilman Graves was not present). (d) FIRST READING OF PROPOSED ORDINANCE CHANGING NAME OF MONK AVENUE TO BLAKE ROAD It was moved by Councilman Heltzer, seconded by Councilman Fleetham, to waive first reading of proposed ordinance and set second reading July 3, 1972. The motion carried 5 - 0 (Councilman Graves was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF CITY MANAGER - RECOVERY OF UNIMPROVED STREET AND UNIMPROVED ALLEY MAINTENANCE COSTS VIA SPECIAL ASSESSMENTS (M&C NO. 72-26) 169 Council IViinutes, June 19, 1972 g. (a) Mr. Morris Katz, 2700 Yosemite Avenue, indicated he felt his street was not properly restored after storm sewer installation. It was moved by Councilman Heltzer, seconded by Councilman Graves, to authorize preparation of resolution as recommended by the City Manager in his report. The motion carried 6 - 0. (b) REPORT OF PLANNING COMMISSION RECOMMENDING APPROVAL, WITH CONDITIONS, OF FINAL PLAT (CASE NO. 72-8-S) AND PLANNED UNIT DEVELOPMENT (CASE NO. 72-13-S. P.) - DALQUIST INDUSTRIAL PARK It was moved by Councilman Hanks, seconded by Councilman Griak, to defer to June 26, 1972. The motion carried 6 - 0. (c) REPORT OF TRAFFIC STUDY (#42) - BOONE, XYLON AND ZINRAN AVENUES AND VICINITY (REQUESTED BY COUNCIL JUNE 5, 1972) Mary Berg, 2634 Boone Avenue; Dale Fowser, 2620 Xylon Avenue; M. Rozelli, 2605 Zinran; and Cheryl Emond, 2635 Boone Avenue, spoke in favor of stop signs, Max Murray, 2644 Boone Avenue, was opposed to stop signs since he felt traffic did not warrant them and that children should not use the streets for play. Milt Edgren, 2635 Boone Avenue, did not favor stop signs but felt "Slow, Children at Play"signs might be more appropriate. It was moved by Councilman Griak that a resolution be prepared placing stop signs at Boone and Xylon at Zinran and one for south- bound on Zinran at Boone. Councilman Heltzer seconded but after discussion Councilman Griak amended her motion by withdrawing the sign for southbound traffic. Councilman Heltzer accepted the amendment and the motion a amended carried 5 - 0 (Councilman Graves was not present). (d) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 67-39, STORM SEWER, IN AREA BOUNDED IN GENERAL BY COUNTY ROAD 18 ON THE WEST; THE CITY LIMITS ON THE NORTH; THE EAST LINE OF THE WESTDALE CRESTVIEW ADDITION ON THE EAST; AND MIDWAY BETWEEN WEST 18TH STREET AND FRANKLIN AVENUE. TO THE SOUTH RESOLUTION NO. 4549 It was moved by Councilman Heltzer, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4549 entitled, "Resolution 170 Council Minutes, June 19, 1972 g. (d) Calling Public Hearing on Improvement No. 67-39, Storm Sewer. " The motion carried 5 - 0 (Councilman Graves was not present)* t e PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEME T NO* 72-03, MEDIAN CUT, CURBING AND SIDEWALK AT EXCELSIOR BOULEVARD AND W OODDAL:E, MIRACLE MILE RESOLUTION NO. 4550 It was moved by Councilman Hanks, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4550 entitled,"Resolution • Calling Public Hearing on Improvement No. 72-03, Median Cut, Curbing and Sidewalk. " The motion carried 5 - 0 (Councilman Graves was not present). (f) MINUTES OF PLANNING COMMISSION MEETING HELD JUNE 7, 1972 Upon hearing no objection, the President Pro Tem ordered the minutes to be received for filing. 9. UNFINISHED BUSINESS (a) APPOINTMENTS TO BOARDS/COMMISSIONS (DEFERRED FROM JUNE 59 1972) Councilman Griak moved to defer to July 24, 1972. Councilman Fleetham seconded and the motion carried 5 - 0 (Councilman Graves was not present). (b) JOINT AGREEMENT - SOUTHWEST SUBURBAN CATV STUDY COMMISSION It was moved by Councilman Heltzer, seconded by Councilman Hanks, to table this matter. The motion carried 5 - 0 (Councilman Graves was not present). 10. NEW BUSINESS (a) TABULATION OF BIDS -ATHLETIC FIELD AND TENNIS COURT LIGHTING It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to designate Batzli Electric, with Alternate E-1, as lowest responsible bidder and accept bid in amount of $62, 666. The motion carried 5 - 0 (Councilman Graves was not present). 171 ir Council Minutes. June 19, 1972 10. (b) TABULATION OF BIDS= IMPROVEMENT NO, 72_11, 39th STREET RESOLUTION NO. 4551 It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4551 entitled, "Resolution Accepting Bid for Paving, Cu::•b, and Gutter and Miscellaneous Utilities, Improvement No. 72-11. " The motion carried 5 as 0 (Councilman Graves was not present). (c) OXFORD EXTENSION It was moved by Councilman Griak, seconded by Councilman Fleetham, to authorize payment of $28, 500 for right-of-way for Oxford Street extension, Plat 52060, Parcels 5110 and 5300 and Plat 51901, Parcel 1480 (3742 Dakota Avenue) from Robert L. Naefke, Jr. The motion carried 5 - 0 (Councilman Graves was not present). 11. MISCELLANEOUS None 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Fleetham, seconded by Councilman Heltzer, the lists of verified claims prepared by the Director of Finance and presented to the Council dated June 19, 1972 in the total amounts of $8, 162.47 for payroll, and $987, 136. 54 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 (Councilman Graves was not present). 13• ADJOURNMENT On motion of Councilman Fleetham, Meeting was adjourned at 1:35 a.m. Attest: A1ic M Carlson Secretary 172 seconded by Councilman Hanks, the by a five ea vote. nard J. Thiel, r616. Pro Tem