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Home My WebLink About1972/07/24 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 241 1972 1. CALL TO ORDER A special meeting of the City Council was called to order by fid, &yo; Pucci at 8:05 P.M. 2. INVOCATION There being no one present from the Ministerial Association, thew,# was no invocation. 3. ROLL CALL 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 Manaser,, Gity Attorney, Director of Public Works, Dr. Robert Ramsey of the School District, and Secretary. 4. MINUTES On motion of Councilman Fleetham, seconded by Couneiimaw, Gra", the minutes of the regular meeting held July 17, 1972, were approved by a seven yea vote. S. PUBLIC HEARINGS (a) PROPOSED ORDINANCE ENACTING RULES AND REGULATIONS SETTING FORTH TERMS AND CONDITIONS FOR THE INSTAIJA, 10" MAINTENANCE, AND OPERATION OF A BROADBAND TELE- COMMUNICATIONS NETWORK (BTN) FOR THE PURPOSE OF TRANSVJSSION FOR CATV, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 29 AND JULY 6, 1972 Mayor Pucci opened the hearing. 229 G0042 Uinutes, July 24, 1972 The following spoke urging adoption of the Ordinance and commented on their local prograv=ing activity: Keith Libby and Scott Swer�nger of LVO Sun COMM unications; Iviartin Blatt and John Calevetti of Cypress Communications; lvir. Holt and hal Green of General Electric; James lKeller.of Minnesota Cablevision; Bob Bettencourt of Telecae Communi- cati' bj ons; Stage S ehoen of Teleeornmunicaticuss jnc� i and James Goetz of General Television, Nlr. Stanley Peterson, 4370 W ooddale Avenue, urged proceeding with caution and the joint venture approach. Mrs. Luanne Liliekrans, 3134 Pennsylvania, felt the City should proceed with granting of a franchise. Mr. Don Draayer, Assistant Superintendent of Minnetonka Schools, represented the school administrators. He explained that the administrators are preparing a position paper and asked for more time for further cooperation. Mr. Bob McDonald, City Councilman of Hopkins, said Richfield this night had passed a resolution joining the joint study commission. He urged St. Louis Park to join the neighboring communities in this joint study, setting a target date after completion on December 31, 1972. There being no one else wishing to speak, the Mayor declared 4he hearing closed. Councilman Griak moved to remove f rare the table the matter of the Joint CATV Study Coriv'nission. The motion was seconded by Councilman Thiel and carried 7 - 0. Councilman Griak moved to support the joint powers agreement on a regional CATV level to give unified direction and study to the solution Of interconnectability of communities in the areas of common metro• politan interests and in instructional services; including vocational. general education, and adult extension courses, recognissn8 the need for the resolution of common causes while wishing to preserve St. .%,Dais Park's option of going to either the regional or single Company approach for this community. Councilman Thiel seconded. Becaus t stud approach would lead to a regional e he felt the Join Y a stem but withdrew his m0l�oti Y , Councilman Heltzer moved to table, to allow others to give their opinions on the matter. TheCity Attorney explained that a review of the joint P°WCr$ e99060 merit in terms would not limit the action of the Citi indicates that its 230 courail tj i Ute s , July 24, 1972 56 1p) Insofar as granting of a franchise or adopting or amending the enabling ordinance* concerning the vantages and disadyan. After further discussion Cages of joining in the joint powers agreement, Councilman Helts,r moved to table. Councilman Graves seconded and the snotio a famed 3 - 4, Councilmen Thiel, Fleetham, Griak, and Hanks voting nays Councilman Griak moved to support the joint powers agreement''to give unified direction and study to the solution of interconnectabdity of communities in the areas of common metropolitan interests and in instructional services, recognizing the need for the resolution of common causes while wishing to preserve St. Louis Park's option to either the regional or single company approach for this community. " Councilman Hanks seconded the motion. Mayor Pucci and Councilman Thiel explained that joining would require a $2, 000 fee and a transfer of funds necessitating six affirmative votes, which, with the present feelings of Council, would not be possible. Councilman Thiel moved to adopt a simple resolution of intent to cooperate with the neighboring suburbs, without formally joining in the joint powers agreement. Councilman Graves seconded and the motion carried 4 - 38 Councilmen F.eltzer, Fleetham, and Criak voting nay. Councilman Fleethamn voted nay because he did not feel the citizens will be represented on an area wide unit that is going tO study joint solutions to common problems. Councilman Griak voted nay because the support had been weakened. Councilman lieltsef telt the motion states that Council is in favor of the theory, but against the practice. Councilman Thiel reminded the applicants that they had all "04 ed they would make any amendments to their proposals within two weelu and explained that there could be changes in the ordinance between the first and second readings. The applicants indicated no disagree• meet with this statement. Mr. Robert Brooks, CATV consultant, explained the make•U function of the proposed Citizens' Advisory Board. It was moved by Councilman Griak, seconded by CouncilmaD $4tser# to waive first reading of the proposed ordinance. The motion carried 7 .. 0, Councilman Heltzer Moved to direct staffom• inendations for the to come forth with �°c proposed citizens' committee within two week$• 231 Munute s , July 24, 1972 Councilman Thiel seconded and the motion carried ansa' smously. After lengthy discussion concerning the time Schedule, Councilman Thiel moved that the date for first reading of the franchise ordinance be no later than November 20, 1972 and no earlier than October�16, 1972 and that the citizens' committee submit their report to Co 16, giving the evaluation of the applicants for the CATV franchise no cit later than October 16, 1972, Councilman Graves seconded and the motion carried 6 - I,Councilman Hanks voting nay. 6, PETITIONS, REQUESTS, AND COMMUNICATIONS �a) REQUEST OF DARRELL STROMBERG, 6324 WEST 33RD STREET - FENCE CONSTRUCTION Mr. Darrell Stromberg requested that he be permitted to keep a fence six feet in height where a 42" fence is permitted in order to protect his dogs, allow privacy and protect people from the dogs. Councilman Thiel moved to waive all costs, except those directly pertinent to the variance such as publication and mailing and advise him to proceed according to the ordinance. Councilman Griak seconded and the motion carried unanimously. 7* RESOLUTIONS AND ORDINANCES 0 (a) SECOND READING OF PROPOSED] ORDINANCE AUTHORIZING TRANSFERS OF FUNDS AND PROVIDING APPROPRIATIONS roa SALARY ADJUSTDV:iENTS FOR YEAR ENDING DECEMBER 31# 1912 ORDINANCE NO. 1194 It was moved by Councilman Graves, seconded by CouncilmaA Griak, to waive second reading and adopt Ordinance No. 1194 entitled, "An Ordinance Authorizing the Transfers of Funds and Providing Appropriations for Salary Adjustments for Year Ending December 31, 1972. " The motion carried unanimouslh {b) SECOND READING OF PROPOSED ORDINANCE VACATING PORTION OF STREET ORDINANCE NO. 1195 It was moved by Councilman Graves, seconded by Councilman lieltzer, to waive second reading and adopt Ordinance No. 1195 entitled, "An Ordinance Vacating Portion of Street. it The mono• carried unanimousl (Ordinance vacates portion of 29th Street y� vicinity of Flag Avenue ). 232 4, it Xi1nae6• SuIY 24, 1972 7. (c) RESOLUTION C oRRECTING MINUTES OF MEETING MELD MARCH 2a+ 1972 RESOLUTION NO. 4589 It was moved by Councilman Graves, seconded by Councilmaz Griak, to waive reading and adopt Resolution No. 4589 entitled, "Resolution Correcting IViinutes of City Council, eating Held March 20, 1972• 11The motion carried unanimously. $. REPORTS OF OFFICERS,_ BOARDS, AND COMMITTEES (a) REPORT OF CITY MANAGER (M&C INTO. 72-31) REGARDING COMMUNITY INFORMATION MOBILE VAN It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to authorize necessary expenditures to implement this program on a trial basis with a budget not to exceed $1,500, and designating this unit for voter registration. The motion carried unanimously. (b) REPORT OF CITY MANAGER RELATIVE TO DRAINAGE PROBUK RECREATION CENTER RESOLUTION NO. 4590 It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4590 entitledo "Resolution Authorizing Participation in Storm Sewer Project." The motion carried unanimously. (c) REPORT OF CITY MANAGER CONCERNING REBUILDING OF SANITARY SEVER PUMP STATIONS - NOS.. -•WAND f1`5 3 `i Councilman Thiel moved to authorize engaging the services of Schoell & Madson, Inc. at an amount not to exceed 1010 of the construction costs. Councilman Graves seconded and the m°don carried 7 - 0, (d) REPORT OF CIT Y MANAGER RELATIVE TO BASSETTS GRI EK FLOOD CONTROL COMMISSION MISSION BUDGET - 1973 It was moved by Councilman Griak, seconded by CoUncilm" raves, to authorize payment in amount of $3, 055. The°u0° carried 7 _ 09 233 , a lVaAu'te8• 4 July 24 1972 90 UNr� SHED BUSINESS taj TABULATION OF BIDS, IlViPR,OVEINENT NO, 72..12, LAKE STREET RESOLUTION NO, 4591 It was moved by Councilman C.riak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4591 entitled "Resolution 1ccepting Bid for Asphalt Paving, Concrete Curb , and Gutter, Concrete Pavement, Concrete Sidewalk, and iv iscellanzous Contingent Utilities, Improvement No. 72-12. ++ The motion carried unanimously. H. J. A. Construction Company was designated as the lowest responsible bidder in the sum of $107, 577. 75. (b) PAVING•, CURB AND GUTTER - BI:RCHW OOD AREA Councilman Fleetham presented a petition from citizens in 2700 block of Blackstone Avenue. It was moved by Councilman Fleetham, seconded by Councilman Hanks, to extend the present assessment policy to August 15, 1972 for anyone submitting a petition for permanent paving. The motion carried unanimously, Councilman Fleetham moved to have property owners in Birchwood area notified by mail of their option to petition for paving by the City Council. Councilman Heltzer seconded but the motion failed 3 - 4, Councilmen Thiel, Graves, Griak and IViayor Pucci voting nay. (c) APPOINT1ViENT TO HOUSING AND REDEVELOP1ViENT AUTHORIT Y Mayor Pucci nominated Robert Reynolds to the Housing and Redevelopment Authority. Councilman Graves moved to approve the nomination. The motion was seconded by Councilman rfak. Heltzer but failed 3 cow 4., Councilmen Thiel, Flee , and Hanks voting nay.4 Councilman Griak indicated she would not object if there were a vacancy but felt the Person presently serving is making a fruitful contribution and should remain. (d) CATV CONSULTANT Councilraan Griak moved to authorize negotiation for C�'car�a Consultant. ied Councilman Hanks seconded and the mot"n ? _ 0. 234 .� R Councir I`uinutes, July 2460 1972 l0. NEW BUSINESS (a) 'WITHDRAWAL OF REQUEST FOR ZONING ChANGE AT 4113-4121 EXCELSIOR BODUVARD (CASE NO. 72. 14•Z. ) FROM LEO AND NARIE LIISTE ilman Graves, seconded by Councilman It was moved by Counc Hanks, to accept withdrawal and authorize refund according to the ordinance. The motion carried 7 oo 0. (b) STOP SIGN STUD f - 31ST AND MARYLAND Due to recent accidents at this intersection and at the request of citizens in this area, Councilman Fleetham moved to direct staff to make stop sign study. Councilman Heltzer seconded and the motion carried unanimously. (c) INTERSECTION - W OODDA LE AND HIGHWAY 7 Councilman Fleetham moved that a study be made of this intersection since he felt arrows should be located further into the intersection. Councilman Thiel seconded and the motion carried 7 - 0. (d) STOP SIGN STUDY - BLACKSTONE AVENUE, 27TH AND 28TH It was moved by Councilman Fleetham, seconded by Councilman Heltzer, that there be a stop sign study in this area. The motion carried 7 - 0. 119 MISCELLANEOUS None 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) CONTRACT PAYMENT on Partial Payment No. 16, Tennis Courts. Contractor, Henry O, Mikkelson Co. Amount, $21.411• On motion of Councilman Thiel, seconded by Councilman Heltzer► the above payment on contract work was approved, and the CitY Manager, City Clerk and City Treasurer were authorized to issue check in the amount by a seven yea vote. 13, ADJOURNMENT On motion of Councilman Graves, seconded by Councilman Hal*s' the meeting was adjourned at 12:10 a,, m, by en vote. t• )TI <C IWO Carlson ecretary 235 rank"J�.o uc c i, Mayor