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