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HomeMy WebLinkAbout1972/08/07 - ADMIN - Minutes - City Council - Regular1 MINUTES COUNCIL 1WEETING ST. LOUIS PARK, MINNESOTA August 7,:'1972 10 CALL TO ORDER • A regular meeting of the Glt Council was called to order Pucci at 8:03 p.m. •y by Mayor 2. INVOCATION Invocation was given by The Rev. Ralph Erickson of the Prince Lutheran Church. ce of Peace 3. ROLL CALL The following Councilmen were present at roll call.- Frank all: Frank Fleetham Richard Graves Lyle Hanks James Heltzer Leonard Thiel Frank Pucci Also present were the City Manager, Planning Director, Director of Public and Secretary. 4. MINUTES Assistant City Manager, City Attorney, Works, City Assessor, CATV Consultant. On motion of Councilman Banks, seconded by Councilman Graves, the minutes of the regular meeting held July 24, 1972 were approved by a Six yea vote.. 5' PUBLIC HEARINGS (a) INil'ROVEMENT NO, 72-35, PAVING, CURB AND GUTTER AND SIDEWALK REPAIR ON BRUNSWICK AVENUE FR01Vl LAKE STREET To WEST 35TH STREET AND WEST 35TH STREET FROlvi BRUNSWICK AYE NUE TO ALABAMA AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 20 AND JULY 27, 1972 mayor Pucci opened the hearing. F'Ouncilrnan Fleetham left the Chambers since he is a property owner in the area. 244 Council Minutes, August 7, 1972 5. (a) The Planning D;.rector e::plained thatthe Planning COmmIissIion had recommended that th; s hearing be continued until such a time as would permit the neighborhood to examine the effects of a potential cul-de-sacs It was moved lby Councilvrlan Thiel, seconded by Councilman Hanks, to cont' rue f1%.e hearing +o October.• 16, 1972, under the old assessment . policy. The mnt1,r%n r,Irr-?d C (b) IMPROVENLENT NO, 72-14, S TORM SEWER, IN DRAINAGE AREA BOUNDED IN GENERAL BY 1ViINNETONKA BOULEVARD ON THE NORTH; TRUNX HIGHWAY 100 ON THE WEST* CHICAGO, MILWAUKEE RAILWAY ON THE SOUTH; AND INGLEWOOD AVENUE ON THE EAST, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 20 AND JULY 27t 1972 Mayor Pucci opened the ?Iear'_r.n, The Director of Public Works# e.escribed the proposed improvement and the City Assessor explained the. assessment policy. Mr. Thorwald Nessheim, 3120 Salem Avenue, felt the storm sewer was unnecessary, After being fold that in time everyone in the City will have contributed to storm se-;iers, he was willing to participate. Mrs. John O'Rourke, 3149 Salem Avenue, said that the notice as published contained an error in the legal description. Mr. Stanley IVialmquis±, 3117 Salem. Avenue, and Mr. Emil Kadlec, 3138 Salem Avenue; spoke in opposition to the improvement. It was moved by Councilman Grpoves, seconded by Councilman Thiel, to September 5. 1972, The motion carried 6 - 0. (c) I1vLPR0V .k EDIT NO, ?2 5, PAVING, CURB AND GUTTER AND SIDEWALK REPAIR 0^1 '�'OL.^DO AIV ENUE FROM MINNETONKA BOULEVARD TO ^rl FEET SOUTH; RALEIGH AVENUE AND SALEM AVErIUEFRO:',i N1TNNZTONKA BOULEVARD TO HIGHWAY NO. 7 AND WEST 3'S1 STREET FROM TOLEDO AVENUE TO SALEM AVENUE, AS UESCp T�..JD IN NOT'C E OF HEARING PUBLISHED JULY 20 AND JULY ?.7, i 72 Mayor Pucci opened �!�A h. a,ri.. r, r It was moved by Cour.ci.3_xnaa Ha.,lks, seconded by Councilman Heltzer, to continue the hearir. g to September 5. 1972, The motion carried 6 - 0. 2/--5 Council Iyanutes, August 7, 1972 66 p` TITIONS, REQUESTS, AND CCNlyiUNICATIONS (a) REQUEST. OF OWNERS OF APARTMENT BUILDINGS TO REVIEW ORDINANCE, NO. 1173 (M&C NO. 72-35) It was moved by Councilman Fleetham, seconded by Councilman Graves, to defer this matter to August 21, 1972. The motion carried 6-0. (b) PETITIONS FOR PAVING, CURB AND GUTTER, 2700 BLOCKS OF BLACKSTONE AND AL.ABAM.A AVENUES AND 2600 BLOCK OF YOSEMITE AVENUE It was moved by Councilman Fleetham, seconded by Councilman Graves, to hold these petitions until all petitions are received. The motion carried 6 - 0. 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF PROPOSED ORDINANCE ESTABLISHING SENIOR CITIZEN HOUSING AS A SEPARATE CLASS OF .USE UNDER THE ST. LOUIS PARK ZONING ORDINANCE' Councilman Graves moved to waive second reading and adopt the proposed ordinance. The motion was seconded by Councilman Hanks for purposes of discussion. Councilmen Thiel and Heltzer expressed concern with -the enforce- ment of the ordinance and were fearful that uses might be created which could become non-conf orming, thereby erecting structures that did not conform to ordinances for other apartment buildings. They felt it would be a problem to control inspection and maintain standards. Councilman Heltzer moved to table the proposed ordinance. The motion was seconded by Councilman Thiel and carried 6 - 0. (b) SECOND READING OF PROPOSED ORDINANCE AMENDING ORDINANCE NO, 1165 CHANGING THE EFFECTIVE DATE FOR PROHIBITING SALE OF NON -RETURNABLE DISPOSABLE BEVERAGE CONTAINERS TO SEPTENLBER 1, 1973 Councilman Heltzer moved to amend the proposed ordinance by adding a section to indicate that the ordinance be brought to council 30 days prior to its going into effect, Councilman Graves seconded and the amendment carried 6 - 0. 246, 0. Council Iviinutes; August 7, 1972 ?. (b) ORDINANCE NO. 1196 It was moved by Councilman Hanks, seconded by Councilman Heltzer, to waive second reading and adopt Ordinance No. 1196 entitled, "An Ordinance Amending Ordinance No. 1165 Passed September 13, 1972 Entitled 'An Ordinance Prohibiting the Sale of Certain Non -Returnable Disposable Beverage Containers, ion : of Returnable Containers, Providing Providing for the Redempt for Inspections, and Providing Penalties for Violation of the Provisions Thereof Adding Section 4:900. " The motion carried 6 - 0. Councilman Fleetham explained that he was in favor of the intent of the ordinance but could not support this legislation on the local level. (c) RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF FUGHWAYS PARTICIPATION IN COST OF CONSTRUCTING S TORN,. SEWER 72-14 RESOLUTION NO. 4595 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4595 entitled, "Resolution Requesting Minnesota Department of Highways Participa- tion in Cost of Constructing Storm Sewer 72-14. " The motion carried unanimously. (d) RESOLUTION REQUESTING TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF IviINNETONKA BOULEVARD AND TOLEDO AVENUE (REQUESTED BY COUNCIL JULY 31, 1972) RESOLUTION NO, 4596 It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to waive : ea.d.ing and adopt Resolution No. 4596 entitled, "Resolution Requesting Traffic Control Devices at the Intersection of Minnetonka Boulevard and Toledo Avenue. " The motion carried unanimously. (e) RESOLUTION REQUESTII`1G STATE LEGISLATURE TO ENACT LEGISLATION FOR THE PROHIBITION OF THE SALE OF NON -RETURNABLE DISPOSABLE BEVERAGE CONTAINERS (REQUESTED BY COUNCIL JULY 311 1972) Councilman Heltzer moVed to delete the third paragraph► "whereas, the passage of such an ordinance on the local level is felt to be discriminatory and may place a hardship upon the residents and merchants of St. Louis park he have " since that means that should to vote for it he would not have to object to that portion. C 247 �uncil lvimutes, August 7, 1972 7. fie) Graves seconded and the motion failed 3 - 3, Councilmen Hank Fleetham, and Thiel voting nay, s, Councilman Heltzer moved to amend to read, "Whereas, many members of the City Council believe that passage of such an ordinance on the local level..." Councilman Thiel seconded and the motion carried 6 - 0. RESOLUTION NO, 4,597 It was moved by Councilman Graves, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4597 entitled, "Resolution Requesting State Legislature to Enact Legislation for the Prohibition of the Sale of Non -Returnable Disposable Beverage Containers. " The motion.carried 6 - 0, (f) RESOLUTION APPOINTING DIRECTORS TO SOUTHWESTERN SUBURBAN CATV STUDY COMMISSION RESOLUTION NO, 4598 It was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4598 entitled, "Resolution Appointing Two (2) Directors to Represent the City of St. Louis Park on the Southwest Suburban CATV Study Commis - sion, it appointing Lyle Hanks and Richard Schrad. The motion carried 6 - 0. Councilman Heltzer asked whether the agreement made provision for limiting expansion of the joint powers. (g) RESOLUTION AUTHORIZING THE COI AVASSIONER OF REGISTRA- TION TO ESTABLISH MOBILE VOTER REGISTRATION CENTER RESOLUTION NO. 4599 It was moved by Councilman Heltzer, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4599 entitled, "Resolution Authorizing the Commissioner of Registration to Establish Mobile Voter Registration Center. " The motion carried 6 - 0. 8' REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 248 council Niinute8, August 7, 1972 A&B, STREET MAINTENANCE, CAVELL* DECATUR 8. (a1 72.1 13 AND ENSIGN AVENUES RESOLUTION NO. 4600 seconded by Councilman It was moved by Councilman Fleetham solution No. 4600 entitled, Graves, to waive reading and adopt on rovement Nos. 72-1 "Resolution Calling Public Hearp 3A and 72-13B. " The motion carried b - 0. (b) REPORT OF WESTW OOD HI COMMITTEE LLS NATURE CENTER CITIZENS It was moved by Councilman Heltzer, seconded by Councilman Fleetham, to accept v; i th appreciation and refer to Parks and Recreation Advisory Commission for review and recommendation, The motion carried 6 - 0. (c) REPORT RELATIVE TO OLD COMMUNITY CENTER BUILDING It was agreed this matter needed attention and would be handled when considering the budget. (d) MONTHLY FINANCIAL REPORT - JUNE 1972 There being no discussion the report was ordered by the IVlayor to be received for filing. (e) MINUTES OF HUMAN RIGHTS COMMISSION MISSION MEETING HELD JULY 199 1972 There being no discussion, the minutes were ordered by the Mayor to be received for fling. (fj PRF.LIIviINAR Y REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVE -N'1;," NO. 70-03, CONCRETE ALLEY Y PAVING, "T" ALLY BET WEED OREGON AND PENNSYLVANIA BETWEEN MINNETONKA BOULEVARD AND WEST 31ST STREET (STEM ONLY) RESOLUTION NO, 4601 It was moved by Councilman Heltzer, seconded by Councilman do Graves, to waive reading and adopt Resolution No. 4601 ena03� "Resolution Calling public Hearing on Improvement No* 70- Concrete Alley Paving, ra The motion carried 6 - 0. (Hearn' was set August 21, 197 2 ). 249 '0061Minutes, August 7, 1972 $• (�� PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 70-49, ALLEY PAVING, MINNETONKA BOULEVARD TO WEST 31ST STREET FROM FLORIDA TO EDGEWOOD AVENUE RESOLUTION NO. 4602 It was moved by Councilman Helv:ze r, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4602 entitled, "Resolution Calling Public Hearing on Improvement No. 70-49, Concrete Alley Paving. " The motion carried 6 - 0 (Hearing was set August 21, 1972). (h) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 72-16, ALLEY PAVING, BETWE.EN RHODE ISLAND.AND SUMTER AVENUE FROM SUIViTER AVENUE TO WEST 29TH STREET RESOLUTION NO, 4603 It was moved by Councilman Heltzer, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4603 entitled, "Resolution Calling Public Hearing on Improvement No. 72-16, Concrete Alley Paving. " The motion carried 6 - 0 (Hearing was set August 21, 1972). (i) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 72-171 ALLEY PAVING, BETWEEN INGLEWOOD AND JOPPA AVENUES FROM WEST 26TH STREET TO CEDAR LAKE AVENUE RESOLUTION NO., 4604 It was moved by Councilman Heltzer, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4604 entitled, "Resolution Calling Public Hearing on Improvement No, 72-17, Concrete Alley Paving. " The motion carried 6 - 0 (Hearing set set August 21, 1972). (J) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 72-34, ALLE Y PAVING, BETWEEN IDAHO AND JERSEY AVENUE FROM WEST 26TH STREET TO WEST 27TH STREET RESOLUTION NO. 4605 It was moved by Councilman Heltzer, seconded by Councilman Graves, to waive readin and ado t Resolution No. 4605 entitled, "Resolution Calling g P •2_34 Concrete Alley g Public Hearin on Imp-rovement NovN paving• " Th g carried 6 - 0 (Hearing was set August 21, 197?}• The motion 250 Council Minutes, August 7, 1972 9. UNFINISHED BUSINESS a ENGINEERING SERVICE AGREEMENT - T. H. 100 AND WEST 36TH (, STREET (lvi&C NO. 72-33) RESOLUTION NO. 4606 It was moved by Councilman Fle 8tham. seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4606 entitled, "Resolution Authorizing Engineering S;:udy of the Intersection of T. H. 100 and West 36th Street (Engineering Service Agreement No. 57119). The motion carried 6 -- 0. Councilman Heltzer sug;e ted that a letter be sent to the State Legis- lators requesting that the sate cooperate and encourage the State Highway Department to act on the recommendations of the study. It was moved by Councilman. Heltzer, seconded by Councilman Thiel, that the firm of Bather, Ringrose and W olsfeld be authorized to conduct the study. The motion carried unanimously. (b) TRAFFIC STUDY #47 - AREA BOUNDED B f CEDAR LAKE ROAD, LOUISIANA AVENUE, HIGHWAY 12 AND HAMPSHIRE AVENUE (DEFERRED FROM JULY 31, 1972) It was moved by Councilman Fleetham to authorize preparation of resolution designating the following traffic signs be placed: stop signs on Kentucky Avenue at West 14th Street, on West 16th Street at Idaho Avenue, on West 13th Street at Jersey Avenue, yield sign on West 22nd Street at Kentucky Avenrle, as recommended by the Director of Public Works and in. addition_ stop signs at 14th and Jersey and 18th and Jersey for north and south bound traffic. Councilman Graves seconded and the motion carried 6 - 0. (c) TABULATION OF BIDS - IMPROVEIviENT NO, 72-22, LOUISIANA CIRCLE RESOLUTION NO. 4607 It was moved by Councilman Heltzerp seconded by Councilman GraYes, to waive reading and adopt Resolution No, 4607 entitled, "Resolution Accepting Bid for Grading, Pa -Jing, Curb and Miscellaneous Utility Relocation, Improvement No. 72-22, " The motion carried 6 - 00 Shafer Contracting Coos Inc, was - named the lowest responsible bidder in the sum of $36, 750, 15 251 71 Z fou nci1 y mutes, August 7, 1972 d)A�QUISITION OF PROPERTY - WEST 39TH STREET EXTENS g, ( (id) NO. 72-34) ION It was moved by Councilman Graves, seconded by Councilman Hanks to authorize expenditure of an additional $5, 000 for relocation of single family dwelling at 3805 Princeton Avenue. The motion carried 6.0. lo. NEW BUSINESS (a) TABULATION OF BIDS - FOOTINGS, FOUNDATIONS, ETC. It was moved by Councilman Fleetham, seconded by Councilman Graves, to designate D. R. Frantz Concrete Construction Company as the lowest responsible bidder in the sum of $12, 360. The motion carried 6 - 0. (b) ACCEPTANCE OF DEED, PERMANENT EASEMENT FOR STREET PURPOSES OVER BLOCK 3, LOT B. BROOKLAWNS ADDITION It was moved by Councilman Hanks, seconded by Councilman Graves, to accept deed and order same filed by City Clerk for record. The motion carried 6 - 0. 11, k 5CE LLA NE OUS (a) LIMITED PARKING - 3200 BLOCK OF EDGEW OOD AVENUE Councilman Heltzer explained that he had a request from a resident at 3229 Edgewood that they be issued a sticker which would permit them to park in front of their home where there is limited parking because of physical handicaps. The City tA_ttorney said he did not know of a precedent to provide for this type of exemption. Councilman Heltzer moved to defer to Aug-.st 21, 1972 for a legal opinion. Councilman Hanks seconded and the motion carried 6 - 0. (b) DOG EXCRE1ViENT CONTROL CoUncilnian Fleetham requested staff to investigate the success Of enforcement of ordinances concerning responsibility of owners to remove dog excrement. Councilman Heltzer also requested inVeStigation of cat leashing laws. (�) CEDARLAKE ROAD WASTE DISPOSAL - SUBURBAN RyAD Y MIX COA`iPANY 252 Council Minutes, August 7, 1972 11.c Councilman Hanks moved to invoke Conditions 3 and 5 of the permit ( }3 ). If such dumping becomes a nuisance that it shall as follows: immediately be terminated after 24-hour notice to thews company* and (5). Should a nuisance be declared and the dumping ce , that the Suburban Ready Mix Company or the property owner be. responsible to make whatever clean-up of the area is required to eliminate •the nuisance, etc. Councilman Graves seconded and after discussion Councilman Hanks withdrew his motion and moved to authorize staff to work with this company under the condi tion'bve oppose this and that they clean and quit dumping." Councilman Graves seconded and the motion carried unanimously. (d) APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY Mayor Pucci asked for confirmation of The Rev. William McNulty to replace Mrs. Phyllis Watson. Councilman Graves moved approval and Councilman Heltzer seconded the motion. After discussion vote on the motion was deferred to August 21, 1972. (e) CATV CITIZENS ADVISORY BOARD Mr. Robert Brooks, CATV Consultant, presented the following to serve on the Board: Thomas P. O'Meara, Stanley Holmberg, Robert D. Ramsey, John O. Wordelman, Mary Richards. Councilman Hanks moved approval. Councilman Heltzer seconded and the motion carried 6 - 0. Mr. Brooks requested that the Committee be authorized to hold their first meeting August 15, 1972 at 7:00 pm. Councilman Fleetham moved to authorize this . meeting. Councilman Graves seconded and the motion carried 6 - 0. 12, CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMEt NTS (a) VERIFIED CLAIMS On motion of Councilman Fleetham, seconded by Councilman Thiel, the lists of verified claims prepared by the Director of Finance and presented to the Council dated August 7. 1972 in the total amounts of $18, 184. 50 for payroll, and $209,330. 81 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a six yea vote. (b) CONTRACT PAYMENTS 253 1�(b) 1. Final Payment, Ice Arena/pool. Axel Newmarx Heatin Co. Amount, $1, 000. 00 g Plumbing RESOLUTION NO, 4608 It was moved by Councilman Hanks, seconded by Councilman Thiel to waive reading and adopt Resolution No. 4608 entitled, "Resolution Accepting Work on Ice Arena and Swimming pool Recreation Facilities. " The motion carried 6 - 0. 2. Final Payment, Grading, Base, Asphalt Pavement, Concrete Curb and Gutter, Concrete Sidewalk, Storm Sewer and Appurtenances, Imp. Nos. 69-25, 71-03, and 71 � 10. Contractor, H. J. A. Construc- tion Co. Amount, $1, 602. 00. RESOLUTION NO. 4609 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4609 entitled, "Resolution Accepting Work on Grading, Base, Asphalt Pavement, Concrete Curb and Gutter, Concrete Sidewalk, Storm Sewer and Appurtenances Improvement Nos. 69-25, 71-03, and 71-10. " The motion carried 6-0. 3. Final Payment, Paving, Miscellaneous Utilities, C. S. McCrossan, Inc. Curb and Gutter, Sidewalk Repair, and Improvement No. 71-05. Contractor, Amount, $24, 278. 05. RESOLUTION NO, 4610 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No, 4610 entitled, "Resolution Accepting Work on Paving, Curb and Gutter, Sidewalk Repair and Miscellaneous Utilities, Improvement No. 71-05. " The motion carried 6 - 0 13' ADJOURNMENT On motion of Councilman Thiel, seconded by Councilman Heltzer, the Meeting was adjourned at 10:04 p.m, by a six yea vote. Attest: A1ice M Carlson, Secretary 254 Frank ��ucci, Mayor