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HomeMy WebLinkAbout1972/07/31 - ADMIN - Minutes - City Council - RegularMINUTES CIT Y COUNCIL, MEETING ST. LOUIS PARI{, MINNESOTA July 31, 1972 �CALL TO ORDER A regular meeting of theCity Council was called to order by Maor Pucci at 8:10 p. m. Y Z, INVOCATION Since no one was present from the Ministerial Association' there was no invocation. 3, ROLL CALL The following Councilmen were present at roll call; Frank Fleetham Ros a amMary Griak Lyle Hanks James lieltzer Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney,. Planning Director, Director of Public Works, Supervisor of Zoning and Inspection, and Secretary. Councilman Graves arrived at 8:15 p.m. 4. MINUTES None 5• PUBLIC HEARINGS (a) APPLICATION FOR OFF -SALE NON -INTOXICATING MALT UQUOR LICENSE, RAPID SHOP SUPERETTE, 7115 CEDAR LAKE ROAD, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 20, 1972 Mayor Pucci opened the hearing. There being no one present wishing to speak, Mayor Pucci closed the hearing. It vvasmoved by Councilman Fleetham, seconded by Councilmana6 0 to approve issuance of the requested license. The motion carried �COuacilman Graves was not present). 10* 236 Council Ivjinute s, July 31, 197 2 6. PETITIONS, R E�UESTS, AND C ONir,,�UNICATIONS (a) APPLICATION FOR SUNDAY SALE LIQUOR LICENSE BY KOOGAws LEANING POST It was moved by Councilman Hanks, seconded by Councilman Thiel, to set hearing August 21, 19721 with information to be available at cerr�?.ng the matters of the fence, parking the time of the hearing con solutions, kinds of food service, and CPA report of stock ownership in this establishments and Bunny's, The motion carried ? 4w0. (b) REQUEST FOR CAUSE FOR DENIAL OF BUILDING PERMIT AT 2559 HAMPSHIRE AVENUE Mr. Farrell Scroggins, 711 West Lake Street, was present requesting reason for denial of building permit. The City Manager explained that the lo.t is so low as to cause flooding to adjoining properties if a building were to be constructed on flus lot. He indicated that a report would be brought to Council within the next several weeks relative to alternative solutions to the water problem. RZASOLUTION NO. 4592 It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4592 entitled, "Resolution Denying Permit for Residential Development Unit. " The motion., carried unanimously. (c) REQUEST FROM SHOPPERS CITY TO COMMUNICATE WIT1i COU14CIL CONCERNING A BUILDING ADDITION Mr. Ed Baker, architect for S. uppers City, described the proposed alterations to the buildi_rg and explained that the most recent amend- ment to the zor_ing ordinance relating to parking requirements had raised these require ne."ts, mal ing any addition to the building not permissible. He felt the present requirements to be unnecessarily high. He said that neither the Board of Zoning Appeals nor Planning Commission could act upon this r±za*,ter because of the requireventb of the ordinance and urged Counnc..l to take action which would perinit the requested alterations. Councilman Heltzer moved to request the Planning ComrMssioo to a review the parking reg1i.reznents for shopping centers and detect whether or not it would not be justifiable to have a lesser reguirco for discount, stores and -to make a recommendation to Council with 237• Council Minutes, July 31, 1972 b (C) conthat they three weeks. Councilman Thiel seconded the motion, asking e y take into consideration outside sales and outside storage. The motion carried 7 - 0. 7, RESOLUTIONS AND ORDINANCES (a) FIRST READING OF PROPOSED ORDINANCE TO INCLUDE SENIOR CITIZEN HOUSING AS A NE1�T RESIDENTIAL USE (RECUESTED BY COUNCIL JULY 17, 1972) It was moved by Councilman Heltzer, seconded by Councilman Graves to waive first reading of the proposed ordinance and set second reading August 7, 1972. The motion carried 7 - 0. (b) RESOLUTION OF INTENT TO SUPPORT SUBURBAN CATV STUDY COMMISSION ( RECUESTED BY COUNCIL JULY 24, 1972) RESOLUTION NO, 4593 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4593 entitled "Resolution Expressing Desire to Cooperate With Neighboring Governmental Jurisdiction in Developing a Broadband Telecommunications Network. " The motion carried 7 - 0. Councilman Heltzer asked if the Council would use the fact that the City had joined the Joint Powers Commission as a reason not to grant a franchise. Councilmen Thiel, Griak, Hanks, and Fleetham said that this would not be used as an argument against granting of a franchise. Councilman Fleetham moved to authorize payment of the $2, 000 fee. Councilman Hanks seconded and the motion carried 7 - 0. 3' REPORTS OF OFFICERS, BOARDS, AND COMIMITTEES (a) REPORT OF TRAFFIC SUTDY (#46) - 6019 WEST 39TH STREET, BROORVIEW NURSING HOME RES CLU TION NO. 4594 It was moved by Councilman Griak, seconded by Councilman Thiel, to Waive reading and adopt Resolution No. 4594 entitled, "Resolution Authorizing Placement of Traffic Control Sign& Regulating Parking. " The motion carried 7 - 0. This resolution prohibits parking for 50 feet in front of the nursing home. r� 233 Council Mimes. July 31, 1972 OF TRAFFIC STUDY (#47) - AREA BOUNDED BY CEDAR LAKZ 3 (b) REPORT AND HAMPSHIRE AVON ROAD, LOUISIANA AVENUE, HIGHWAY 12, UE moved by Councilman Griak, seconded by Councilman Hanks It was to defer to August 7, 1972• The motion carried 7 - 0. (c) REPORT OF CITY MANAGER (Ivi&C NO. 72-32) - RECODIFICATION It was moved by Councilman Thiel, seconded by Councilman Graves. to authorize attorneys to proceed and to authorize proper budget modifications be made. The motion carried 7 - 0. (d) QUARTERLY REPORT OF CITY ACTIVITIES - SECOND CUARTER 1972 Upon hearing no discussion, the report was ordered by the Mayor to be received for filing. (e) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD JULY 11, 1972 9. Councilman Heltzer requested that Council be furnished with copies of maps referred to in the minutes. There being no further discussion, Mayor to be received for filing* the minutes were ordered by the (f) MINUTES OF ENVIRONMENTAL IMPROVEMENT COMMISSION MEETING HELD JUNE 231 1 )72 Councilman Heltzer requested a report from staff in regard to the dumpig of Suburban Ready Mix, including time schedules. There being no further discussion, to be received for filing. UNFINISHED BUSINESS the minutes were ordered by the Mayor (a) REVIEW OF ORDINANCE NO, 1165 - AN ORDINANCE PROHIBITING THE SALES OF CERTAIN NON -RETURNABLE DISPOSABLE BEVERAGE CONTAINERS, PROVIDING FOR THE REDEMPTION OF RETURNABLE CONTAINERS, PROVIDING FOR INSPECTION S, AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF ADpING SECTION 4:900 Mrs. Mattie Peterson, Chairman of the Environmental ImproVement Commission, indicated that of the ten members of the Commission ut of seven actively support implementation of the ordinance, two were ° 239 Council lviinutes, July 31, 1972 9, (a) town, and one member was neutral, since he was not a resident of this city. (Mr. Curt Miller of the Commission displayed samples of litter, which would be prohibited to be sold under this ordinance, that he had picked up in front of the City Hall just prior to the meeting). Mr. Lou Schoen, 4000 Cuentin Avenue, speaking in behalf of Dr. B. Robert Lewis said that action by one or a few municipalities would not take care of the problem but would demonstrate the need for such legislation to the State Legislature, Mr. Mitchel Kirshbaum, attorney representing local beverage dealers, urged that the ordinance be not implemented. He said that to implement the ordinance would be breaking faith with Council's own recommendation, the community, and local businessmen. Mr. N. F. Illsley, 1743 Selby Avenue, St. Paul, representing Minnesota Beer Wholesalers urged that the ordinance be rescinded because it would mean life or death to beer wholesalers since the public desires this type of container. Mr. Jon Groth, 3604 Glenhurst, Executive Manager of the St. Louis Park Chamber, spoke against permitting the ordinance to go into effect. Ms. Julie Schwingler, 326 Bonne Vista, Shakopee, Minnesota$ representing Local 129 Glassworkers, said it was discriminating against the industry she represented. Mrs. Marion Kaplan, 2846 Huntington, resident of St. Iouis Park and owner of an off -sale liquor store, said that if this is important legislation it should be state-wide rather than local and doing harm to the local businessmen. Mr. Louis Champlin, 3124 Edgewood Avenue, said this would be a loss of freedom of choice to purchase .he type of container desired. Mr. Dave Johnson,4003 West 31st Street urged enforcement of the ordinance to protect the environment and to add impetus to a state-wide movement. Mrs. Bruce Otto, 2301 Colorado, president of League of Women Voters, supported the necessity for recycling in control of pollution either by industry or government. She said the League had not studied this matter so could not oppose or support it. Mr. Everett Janssen, 3113 Virginia Circle N., member of Environmental Improvement Commission and registered engineer, expressed concern about the energy crisis. 240 Council iy�inutes, resenting lv-.innesota Bottlers Association and Can I�_r. Dave Locey, rep , rers said there is no doubt it would hurt the industry. He iv,.anufactu , urged eal of the ordinance anasked that Counci const er recycli rep P a ng tropolitan Recycling Center* through the i��..e July 31, IM 9. (a) Mr. John Durand, l,ccup ational Training Center, explained that they are Louis Park where they would proposing to extend their operations to St. volunteer groups to raise purchase a van type trailer to be manned by and bottlese funds for projects through recycling of can l�lr. Neil Sedgewick, member of the Sierra Club of St. Paul, said there is no indication that recycling is any kind of solution. Iver. Paul Petrafeso, state representative, said the best way to have state legislation passed is to implement this ordinance. Iver. Mike Stutzer, 8906 Iv_innehaha Circle, member of Environmental Improvement Commission, spoke in favor of the ordinance and the recycling proposal. Iver. Canfield, said that it might be helpful to have package manufacturers put a statement on the packages that careless disposition may result in arrest and conviction. It was moved by Councilman Heltzer, seconded by Councilman Graves, that staff be directed to enforce the ordinance in September. After discussion concerning environmental improvement, discriminating against local business people and value of recycling, the motion was defeated 3 - 4, Councilmen Thiel, Fleetham, Graves and Hanks voting nay. 1v_ayor Pucci left the meeting and President Pro Tem Thiel assumed the chair (11:00 p.m. ) Councilman Griak moved to waive: first reading of proposed amendment to the ordinance changing the effective date to September 1, 1973 and setting second reading August 7, 1972; that before the ordinance goes into effect the progress of the collection center which is suggested be reviewed; and that a resolution be authorized that Council urges the State Le gi stare to take measures to solve problems of the non -returnable container on a state-wide basis in addition to reviewingthe total solution of solid waste he WOd disposal. Councilman Hanks seconded. Councilman Heltzer said like a study made as to whether or not the present trash collection syaem could be involved in the recycling process. Councilman Fleetharn 8011 he does not now nor does he envision ever supporting this ordinanCe on the local level alone, but that he is voting in favor to show concern for l 241 cou N,inutes, July 31, 1972 (a) problems and support of the other programs being proposed. 9 carried 6 0. Councilman Hanks said he -.could like ae ot The motion renegotiating with �1►'oodlake Sanitary Co, and would like to hea regarding support of industry. r of (b) PROPOSED VAR -LANCE IN PARKING REQUIREh-ENTS, PI2 ZA HOU (DEFERRED FROM JULY 17, 1 ; ?2) SE It was moved by Councilman Heltzer, seconded by Councilman Hanks, to defer to September 5, 1972, as requested by applicant. The motion carried 6 - 04 (c) APPOINTiv*ENTS TO PLANNING COMMISSION AND PARKS & RECREATION C ONlly. ISSION. It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to appoint Joshua Schncck and LeRoy Palmquist to the vacant seats on the Planning Commission. The motion carried 6 - 0. Councilman Griak urged that Council have an opportunity to review appointments prior to action but voted in favor of these appointments because of the need to have full strength on the Commission . It was moved by Councilman Graves, seconded by Councilman Hanks, to appoint Ted Shirley, nominee of the School Board, to the Parks and Recreation Commission to fill the unexpired term of C. R. Middleton. The motion carried 6 - 0. (d) ENFORCEMENT OF SET BACKS - LAKE STREET AND HIGHtiVAY 7 Councilman Heltzer moved that thirty days be given for property owners to come in with workable plan and timetable. Councilman Graves seconded and the motion carried 6 0. (e) CATV APPLICANT Councilman Hanks moved to accept no more applicants for CATV franchise. Councilman Graves seconded and the motion carried 6 - 0. s 104 NEW BUSINESS None 11 MISCELLA NEOUS i (a) DAMAGE CLAIMS IVIS is Mar1e O• Hanson, 4045 Columbus Avenue S. Minneapolis 242 &-* Council &1inutes, July 31, 1972 2. Barry Schedin, 4121 Alabama Avenue 3. Mary Jo Girard, Georgia Avenue 4, Terry Olson, 3130 Webster Avenue Councilman Graves moved to file claims with action by the City N.Lanager and City Attorney. 6-0. (b) COMMUNICATIONS FROM CITY MANAGER 12. 13. City Clerk for proper The motion carried 1. Report relative to activitie s with State Highway Department. Councilman Heltzer requested similar report on County. Councilman Fleetham moved to authorize resolution on appealing for signalization at corner of Toledo and Minnetonka Boulevard. Councilman Heltzer seconded and the motion carried 6 - 0. (c) TERMINATION OF CONTRACT WITH MINN-KOTA It was moved by Councilman Hanks, seconded by Councilman Graves, that City Manager be authorized to terminate contract at. any time. The motion carried 6 - 0. (d) COMMENDA TI CN OF ST. LOUIS PARK WOMEN'S CLUB Attest: ce Councilman Griak moved to commend the St. Louis Park Women's Club for donations they have made to the Recreation Center. Councilman Heltzer seconded and the motion carried 6 - 0. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS None ADJOURNMENT On motion of Councilman Fleetham, seconded by Councilman Gravest the meeting was adjourned at 11;55 p, m, by a sig yea vote. t". Carlson, Secretary 243 Frank sident pro