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HomeMy WebLinkAbout1972/08/21 - ADMIN - Minutes - City Council - RegularMINUTES CIT i COUNCIL IvLEETING ST. LOUIS PARK, N&NNESOTA August 21, 1972 1. CALL TO ORDER the Cit Council was called to order by Mayos A regular meet�.ng of Y Pucci at 8:04 p.m* 2. INVOCATION no one was resent from the Ministerial Asso Since P invocation. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Rose -Mary Griak Lyle Hanks James Heltzer Leonard Thiel Frank Pucci elation, that* was no Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, City Engineer. Supervisor of Building sad Zoning, City Assessor, and Secretary. Councilman Graves arrived at 8:10 p.m. 4. MINUTES On motion of Councilman Fleetham, seconded by Councilman Dashes• 010 minutes of the meetit..Q� heed July �, y72 and August 7, 2972 were approved by a six yea vote. 5. PUBLIC HEARINGS (a) IMPROVEMENT NO. 7043, ALLEY PAVING, "T" ALLEY BETwE;EN OREGON AND PENNSYLVANIA AVENUE BETWEEN MINNETOED BOULEVARD AND WEST 31ST STREET (STEM ONLY), AS DESCRI IN NOTICE OF HEARING PUBLISHED AUGUST 10 AND AUGUST 11. 1972. Mayor Pucci opened the hearing. The proposed improvement was described by the City F#Ogineeli 255 G4L°�` pinvtea, August 21, 1972 5. (a1 Councilman Heltzer said he had received four letters appossa tho proposed improvement, and the City Manager indicated that the petition for the improvement had eleven signatures. There being no one present wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO, 4611 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4611 entitled, "Resolution Ordering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 7043 Alley Paving. " The motion carried 7 - 0. (b) IMPROVEMENT NO, 70-49, ALLE Y PAVING, "T" ALLEY BETWEEN MINNETONKA BOULEVARD AND V;'EST 31ST STREET BETWEEN FLORIDA AND EDGEW OOD AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 100 1972 AND AUGUST 17, 1972 Mayor Pucci opened the hearing. Mr. Frank Palmer, 3044 Edgewood Avenue, spoke in favor of the proposed project. The City Engineer described the proposed improvement and that It was initiated by petition. There being no one else wishing to speak, the Mayor closed the hearing. RESOLUTION NO. 4612 �� zer, seconded by Councilma» Griak. It was moved by Councilman He to waive reading and adopt Resolution No. 4612 entitled, "Resolution Ordering Improvements Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 70-49, Alley Paving. '# The motion carried 7 - 0. 1N1PROVEME NT NO. 72-16, ALLE Y PAVING, BETWEEN RHODE ISLAND AND SUMTER AVENUE FROIVi SUMTER AVENUE TO WEST 29TH STREET, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 10, 1972 AND AUGUST 17, 1972 Mayor Pucci opened the hearing. The City Engineer ineer described the proposed improvement and that it was 256 CoLmeil Iv1inutes9 August 2I, 1972 being considered because it had been petitioned. 5. (c) e 8 2 35 Sumter Avenue, had questions conceraia Ivrs. Al Rosenberg, 9 8 hich were properly answered by the the project and the assessment w staff. There being no one else wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO. 4613 It was moved by Councilman Griak, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4613 entitled, ResolutioA Ordering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 72.16, Alley Paving. " The motion carried 7 - 0. (d) IMPROVEMENT NO. 72-17, ALLEY PAVING, BETWEEN INGLEWOOD AND JOPPA AVENUE FROM WEST 26Th STREET TO CEDAR LAKE AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 10, 1972 AND AUGUST 17, 1972 Mayor Pucci opened the hearing. There being no one present wishing to speak, the Iviayor declarod the hearing closed. RESOLUTION NO, 4614 It was moved by Councilman Fleetham, seconded by CouncilnIll Griak, to waive reading and adopt Resolution No. 4614 entitled• "Resolution Ordering Improvement, Ordering Preparation of Planet and Authorizing Advertisement for Bids, Improvement No. 72.17, Alley Paving. " The motion ca= x ied 7 - 0. (e) IMPROVEMENT NO, 72_341 ALLEY PAVING, BETWEEN IDAHO AND JERSEY AVENUE FROM WEST 26TH STREET TO WEST ZITK STREET, AS DESCRIBED IN NOTICE OF HEARING PUBL15HED AUGUST 10, 1972 AND AUGUST 17, 1972 Mayor Pucci opened the hearing. There being no one present wishing to speak, the Mayor de ClaTed the hearing closed. P 257 A,►irx*eD� August zl, 1972 RESOLUTION NO. 4614 It was moved byCouncilman Griak, seconded b Heltzer, to waive reading and adopt Resolution No. 4C-Ob1an "Resolution Ordering Improvers est entitled, Order Plans, and AuthorizingAdvertisementOrdering preparation of . for Bids Improvement No. 72-34, Alley Paving. It The motion carried 7 , 0. M APPLICATION FOR INTOXICATING LIQUOR LICENSE . SUNDAY SALES - KOOGAN'S LEANING FC6T, 5420 EXCELSIOR BOULEVAR AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 3 D, AND AUGUST 10, 1972 Mayor Pucci opened the hearing. Mr. Phil Eder of Koogan's Leaning Post explained that the matter of property lines, parking and setbacks was in the hands of the attornies of the property owners and that the personal property tax was being reviewed by the City Assessor. After discussion concerning setbacks, parking, and the snow fence, Councilman Hanks moved to continue the hearing until the Leaning Post comes up with agreement as to how to handle the parking and setbacks. Councilman Heltzer amended the motion to include a report from staff concerning parking and setbacks which would consider the entire shopping center. Councilman Hanks accepted this amendment as part of his original motion. The motion was seconded by Councilman Thiel and carried 5 • ?.� Councilman Graves and Mayor Pucci voting nay. 6• PETITIONS, REQUESTS, AND COMMUNICATIONS (a) COIWMUNICATION WITH APARTMENT BUILDING OWNERS REGARDING LICENSING ORDINANCE Mr. Steven Schactman, 2000 South Highway 100, employed by Barrett Investment Co. and a member of the IvAnnesota Apartment Association, agreed with the basis of the ordinance but asked Council to consider a six months' extension with a committee of apartment owners and the City to study this ordinance. He felt the fees were excessive. lvirso Margaret Lampe, 3924 Dakota Avenue, spoke in behalf of a number of apartment owners. She felt the apartment owners Should have been notified of this ordinance prior to its adoption and asked the ordinance be delayed for six months with a committee selected to redraft the ordinance. She also expressed objection to the fees and asked that an appeal procedure be established. 258 Council lLdnutec, August 21, 1972 6. (a) Iver. Harvey Dow, 2480 South Highway 100, proposed ordinance and felt a ninety day de 1 spoke in favor of the ay might be too long. Councilman Thiel moved to defer enforcement of Ordinance No. 1173 for ninety days, during which time a committee composed of three apartment owners, three tenants, three Councilmen, one, member of the Building Construction Codes' Advo sory Commission, and one staff member would review the ordinance. Councilman Graves seconded and the motion carried 7 - 0. Councilman Thiel requested that a report be given with the next agenda as to how many apartment owners have applied for license and Council could make a decision concerning possible refunds. �} PETITIONS FOR PAVING, CURB AND GUTTER - BIRCHW OOD � AREA - 2600, 2700, 2800, AND 2900 BLOCK OF WEBSTER, Fz'd 2800 AND 2900 BLOCKS OF ZARTHAN, 2700 BLOCK OF XENWOOD, and 2800 BLOCK OF BLACKSTONE AVENUE I Councilman Fleetham moved to accept petitions and authorize preliminary report of Director of Public Works and assessment report be prepared, using assessment policy of $8.00 a front foot. Councilman Graves seconded and the motion carried 7 - 0. Councilman Griak moved to cancel public hearing for street maintenance improvement on Cavel 1, Decatur and Ensign on September 5, 1972 and renotifying property owners in order to consider permanent paving since a petition has been received for permanent paving from over 50% of the residents. Councilman Graves seconded and the motion carried 7 - 0. (c) COMMUNICATION FROM PLANNING CO1V11viISSION CONCERNING METROPOLITAN DEVELOPIL-ENT GUIDE - TRANSPORTATION (CASE NO. 72 -33 -CP) It was moved by Councilman Graves, seconded by Councilman Hanks, to authorize attendance at the hearing to be held by the Metropolitan Council on August 24, 1972. The motion carried 7 - 0. ?. RESOLUTIONS AND ORDINANCES (a) RESOLUTION DESIGNATING PLACEMENT OF PROCEEDS FROlvI SALE OF REAL PROPERTY IN TF4E GENERAL FUND RESOLUTION NO, 4616 It was moved by Councilman Griak, seconded by Councilman Gravvs 0 259 CougbcUiviea# August 21, 1972 7. (a) to waive reading and adopt Resolution No. 4616 entitled "Resolution Designating Placement of Proceeds from S Real Property in the General Fund.' The ale of motion carried ? - 00 (b) SECOND READING OF PROPOSED CABLETELEVISION ENABLING BUNG ORDINANCE NO, 1197 It was moved by Councilman Heltzer, seconded by Councilman Graves, to waive second reading and adopt Ordinance No. 1197 entitled, In Order to Enact Rules and Regulations Setting Forth Terms and Conditions for the Installation, Maintenance and Opera- tion of a Broadband Telecommunications Network (BTN) for the Purpose of Transmission for CATV and Other Services, Electrical Impulses of Television, Radio and Other Intelligencies, Either Analog or Digital, for Sale to or Use by Inhabitants of the City of St. Louis Park, Minnesota. " Councilman Thiel moved to amend the motion to adopt with the provision that it can be amended before a franchise is granted. Councilman Heltzer accepted this amendment and the vote on the original motion as amended carried 7 - 0. (C) RESOLUTION AUTHORIZING PLACEMENT OF TRAFFIC CONTROL SIGNS REGULATING TRAFFIC (AUTFAORIZED AUGUST 7, 1972) RESOLUTION NO, 4617 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4617 entitled, "Resolution Authorizing Placement of Signs for Traffic Control at Intersections in Area of Cedar Lake Road, Louisiana Avenue, Highway 12 and Hampshire Avenue. " The motion carried 7 - 0. (d) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES FOR STATE PRIMARY ELECTION RESOLUTION NO. 4618 It was moved by Councilman Graves, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4618 entitled, "Resolution Setting Polling Places and Naming Election Judges for State Primary Election September 120 1972. " The motion carried 7 - 0. (e) RESOLUTION DECLARING COST, NT AND ORDERING PREPARATION OF PROPC6ED ASSESS`�E CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSES,SMLNT, 260 Council MoAugust 21, 1972 7. (e) IMPROVEMENT NOS. 71-03, 65-71B, 70-010 70-08, 69-11, AND 68-12 RESOLUTION NO. 4619 seconded by Councilman It was moved by Councilman Hanks Resolution No. 4619 entitled, Heltzer, to waive reading and ad epin Preparation of Proposed "Resolution Declaring Cost, Ordering P Assessment, and Calling Public Hearing on Proposed Special Assessment Improvement Nos, 71-031 65-71B, 70-01 (Incl. 70-01, 70-12, and 70-27).v 70-08, 68-12, and 69-11. " The motion carried 7 - 0. (f) RESOLUTION DECLARING COST, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT, IMPROVEMENT NOS. 71-10, 69-25, AND 71-05 RESOLUTION NO. 4620 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4620 entitled, "Resolution Declaring Cost, Ordering Preparation of Proposed Assessment, and Calling Public Hearing on Proposed S pecial Assessment Improvement Nos. 71-10, 69-25, and 71-05. " The motion carried 7 - 0. (g) RESOLUTION DECLARING COST, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT, IMPROVEMENT NOS. 7141 AND 72-23 It was moved by Councilman Thiel, seconded by Councilman Graves, to set hearings at special meeting at 7:00 p.m. , August 28, 1972• The motion carried 7 - 0. 8. REPORTS OF OFFICERS, BOARDS, AND CONLMITTEES (a) REPORT OF TRAFFIC STUDY (##48) - WEST 33RD STREET AND SUMTER AVENUE It was moved by Councilman Heltzery seconded by CouncilmaO Graves, to authorize preparation of resolution to install stop signs on Sumter Avenue at 33rd Street. The motion carried 7 - 0• (b) REPORT OF PLANNING COIVUViISSION CONCERNING MEDIAN PROPOSAL - HIGHWAY 100 SOUTH OF 42ND STREET 261 �ouQcil janutes, August 21, 1972 8� (b) Councilman Griak moved to approve plantings in the Councilman Graves seconded and after discussion w•median. ith Co Griak expressing preference for honeysuckle bushes, carried 5 - 4, Councilmen Heltzer and Graves being'the motion the vote was taken, not present ften REPORT OF PLANNING C OIVilviISSION (CASE NO. 71-85- COUNT Y ROAD 18 ALIGNME�;T ST) It was moved by Councilman Griak, seconded by Councilman Thiel, to submit to proper authorities for review, The motion carried 51_ Councilmen Graves and Heltzer not present in the Chambers. 08 (d) MINUTES OF PLANNING COIViMISSION MEETING HELD AUGUST 16, 1972 It was moved by Councilman Hanks to have hearing set and prepare ordinance amendment for section of the zoning ordinance establishing parking requirements for retail and service establishments (Case No. 72-32-ZA). Councilman Griak seconded and the motion carried 7 - 0. Councilman Heltzer indicated that he would like to hold a neighborhood meeting prior to any action to close Virginia Avenue. There being no further discussion, the minutes were ordered by the Mayor to be received for filing. (e) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD JULY 250 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filing �f) MINUTES OF E NVIR vNN IE NTA L IMPROVEMENT COMMISSION MEETING HELD JULY 26, 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) MINUTES OF PLANNING C OM1ViISSION MEETING HELD AUGUST 2, 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filings lh) lglNUTES OF RECREATION ADVISORY C �'�'SSION MEETING AND R� '"` STING HELD AUGUST 92 1972 262 council Minutes, August 2l, 1972 g. (h) There being no discussion, to be received for filing, the minutes were ordered by the Mayor i MINUTES OF CITIZENS ADVISORY COMMISSION MEETING HELD AUGUST 10, 1972 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 9. UNFINISHED BUSINESS (a) AGREEMENT WITH STATE CONCERNING INTERSECTION OF EXCELSIOR BOULEVARD AND FRANCE AVENUE (M&C NO. 72-37) RESOLUTION NO. 4622 It was moved by Councilman Hanks, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4622 entitled, "Resolution Authorizing Agreement with State Highway Department. " The motion carried 7 - 0. (b) ACCEPTANCE OF DEED - STREET EASEMENT AT WEST 39TH U STREET AND HIGHWAY 100 - ACCESS NORTH TO FREIDHEIM 0 PROPERTY (PART OF AGREEMENT BETWEEN MEDICAL CENTER v AND FREIDHEIM CO.) It was moved by Councilman Heltzer, seconded by Councilman Graves, to accept deed and order same filed for record. The motion carried 7 - 0. (c) APPOINTMENT TO BOARDS/COMMISSIONS The Mayor stated he would defer the vote on the appointment of Father William 11vic Nulty to the Housing and Redevelopment Authority to September 5, 1972. Councilman Hanks moved that resumes be given to Council prior to a vote on any appointment. Councilman Thiel seconded. No vote esun eswas taken on the motion but the Cit Manager explained that r are given to Council as they are received and a master copy is°n file in the Office of the City Manager. It was moved by Councilman Heltzer, seconded by Counciln'an Thiel, to reappoint Alice Collings, Orland Thornsio, and Paul Modell to a full term on the Human Rights Commission (expires June 30, 1975), The motion carried ? - 0. 263 'I Dr„6nute8. August 21, 1972 (�) 9' suggestions were made to consider Stuart Dansinger, Howard Tobe rman, Larry Leventhal, and Steven Schactman for future appointments to the Human Rights Commission. Suggestion was also made to consider Alfred Relph for appointment to the Citizens Advisory Commission. (d) PARKING EXEMPTION FOR HANDICAPPED - 3229 EDGEWOOD Councilman Heltzer moved to direct staff to prepare ordinance permitting exemption for handicapped in areas with parking limitations and place on agenda for first reading as soon as possible. Councilman Thiel seconded and the motion carried 7 - 0. 10. NEW BUSINESS (a) TABULATION OF BIDS - PARK SHELTERS (M&C NO. 72-36) It was moved by Councilman Griak, seconded by Councilman Fleetham, to accept Nystrom Incorporated as the lowest responsible bidder in the sum of $95, 922, and authorize execution of the contract. The motion carried 7 - 0. with the City Manager directed to confirm federal monies to assist in payment of these shelters. (b) TABULATION OF BIDS - CHAIN LINK FENCING RESOLUTION NO. 4623 It was moved by Councilman Graves, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4623 entitled, "Resolution Accepting Bid for Chain Link Fence, Improvement No. 72-19. ” The motion carried 7 - 0. (c) PROPOSED CHANGE ORDER NO. 1 - CONTRACT WITH H. J. A. CONSTRUCTION COMPANY - ADD $12, 100 AND EXTEND TIME FIVE DAYS It was moved by Councilman Graves, seconded by Councilman Griak, to authorize City Manager to execute. The motion carried 7 - 0. (d) RESOLUTION URGING THE CIT Y OF MINNEAPOLIS TO CONSIDER IMPACT OF CONS'T'RUCTION OF DOMED STA U B Y ON TRAFFIC THROUGH WE, SUBURBS (INTRODUCED COUNCIIJAAN FLEETHAIVI) RESOLUTION NO. 4621 seconded by Councilman It was moved by Councilman Fleetham, 4621 entitled, Heltzer, to waive reading and adopt Resolution No. 264 -�' Council Minutes, August 21, 1972 „ the Cit of Minneapolis to Consider Impact 10, (d) ,Resolution Urging Y of Construction of Domed Stadium on Traffic Through Western Suburbs. " The motion carried 7 - 0. (e) REFUSAL TO PROHIBIT RIGHT TURNS ON RED SIGNAL Councilman Fleetham moved staff explore feasibility of class action brought against, the ::IPate and County for their lack of taking steps to protect safety of residents of the City. Councilman Graves seconded and the motion carried 7 - 0. 11. MISCELLANEOUS (a) (b) DAMAGE CLAIMS 1. Mrs. Richard Searcy, 10124 Park Avenue, Bloomington It was moved by Councilman Graves, seconded by Councilman Griak, to file claim with City Clerk for proper action by the City rvianager and City Attorney. The motion carried 7 - 0. COIF IMUNICATIONS FROM CITY YiANAGER 1. CATV Consultant - The City Manager explained that he needed the approval of Council for the second half of the fee. Councilman Thiel moved to approve the second $2,500 of the fee. Councilman Fleetham seconded and the motion carried 7 - 0. 2. Jaycees Kiddy Carnival - The City Manager informed Council that he had received application for a carnival to be held at Aquila Park September 16, 1972. RESOLUTION NO, 4624 It was moved by Councilman Graves, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4624 entitled, "Granting Temporary Use of City Property. " The motion carried 7 - 00 12. CLAIMS APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Griak, seconded by Councilman Graves, the lists of verified claims prepared by the DireCtor of Finance andmpresented to the Council dated August 21, 1972 for V in the total amounts of $18, 276„ 62 for payroll, and $60,050* 94 265 Council IVl0nutes, August 21, 1972 12. (a) vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a seven yea vote. (b) CONTRACT PAYMENT - Pavi.ng, Curb and Gutter, Utility Relocation, Amot Construction Company, Final Payment, Imp. No. 7141, Sidewalk Repair and Miscellaneous it, $34, 171.40. Contractor, H. J. A. it was moved by Councilman Graves, seconded by Councilman Fleetham, to defer payment for two weeks. The motion carried 7 - 0. 13, ADJOURNMENT On motion of Councilman Graves, seconded by Councilman Heltzer, the meeting was adjourned at 11:00 p.m. by a seven yea vote. Attest; Alice lei. Carlson, Secretary 266 Frank J. Pucc'Mayor