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Home My WebLink About1973/10/01 - ADMIN - Minutes - City Council - RegularA MINUTES CITY COUNCIL, MEETING ST. LOUIS PARK, MINNESOTA O Ntober 1, 1973 1• CALL TO ORDER A regular meeting of theCity Council was called to order b Pucci at $:02 P. m, y Mayor 2. INVOCATION Invocation vla3 given by the Reverend Milton Lenz of the Aldersgate Methodist Church. 3. ROLL CALL The following Councilmen were present at roll call: F :-ank Fleethasn Rose -Mary Griak Lyle Hanks Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, Director of Public Works, City Assessor, and Secretary. 4. MINUTES On motion of Councilman Griak, seconded by Councilman Hanks, the minutes of the regula-. and special meetings held September 24, 1973, were.approved by a four vea avote (Councilman Thiel dwas not present). 5• PUBLIC HEARINGS (a) IMPROVEMENT NO, 65-45D, STOR.&I SEWER, HANNON LAKE DRAINAGE AREA, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 13 and SEPTEMBER 20. 1973 Mayor. Puccl opened the hearing^ The Director of Public Works described the proposed storm sewer and the overall storm sewer for the city, indicating portions that have been completed and those that remain to be completed. COuncilm. an Thiel explained the assessment policy and steps taken in the 4ormulatio4n of this policy& 271 Council Minutes, October 1, 1973 5. (a) Charles Desnick, 2520 Boone Avenue, Glen Mollet, 9219 Cedar Lake Road, and Sol Grouse, 8901 Stanlen Road, felt no need for the storm sewer. Ann Goosen, 8930 West 28th Street, of the lake would be raised. expressed concern that the level Stephen. Merriman, 8711 Boone Court, spoke in favor of the storm sewer, suggested that the city purchase the land up to the meander line of the lake, and that provision be made that streets are restored within two or three weeks. Mr. John Tushie, 2624 Gettysburg Avenue, felt that he has paid for storm sewer since the developer installed a small portion to make the lots buildable. He stated that the cost had been passed along to the buyers of these homes. Jerry Gardner, 9191 West 23rd Street, felt the Minneapolis Golf Club received most benefit and should be assessed at a greater rate. Sol Zalasky, 2315 Flag Avenue, questioned the amount of his assessment. Knute Wefald, 2448 Gettysburg Avenue, expressed concern about a change in the level of Cedar Manor Lake. Mrs. Larry Rapaport, 2407 Flag Avenue, felt that this improvement would permit the Minneapolis Golf Club to have a larger driving range which she opposes. She voiced concern for safety of children in the area. Mattie Peterson, representing Environmental Improvement Commission, explained the concern of the commission for the raising of the level of Hannan Lake which would occur due to silt being deposited at the bottom of the lake. She suggested that silting basins be constructed to permit silt to settle before Storm waters are deposited into the lake. Mr. Don Darnell, 9232 West 23rd Street, questioned whether or not the Council who originally set up the storm sewer areas would now feel it necessary at costs which prevail at this time. Mrs. Howard Gould, 2418 Flag Avenue, wanted assurance that the streets would be placed back in good condition. Mr. Fred Nassauer, 2401 Flag Avenue, questioned the amount of assessment for a corner lot. Mr. Sol Burovitz, 2438 Decatur Avenue, expressed concern for conditions of streets. 272 Council Minutes, October 1, 1973 5. (a) John Neighbor, 2410 Gettysburg Avenue, felt the puddling and ice forming on the corner of Flag Avenue and Cedar Lake may be helpful in slowing down drivers coming from the Minneapolis Golf Club. polis Mr. Sol Grouse, 8901 Stanlen Road, asked whether his street would have to be taken up for this constructi not be. on. He was told that it would There being no one else present wishing to speak, the Mayor declared the hearing closed, subject to subsequent action to the contrary. It was moved by Councilman Griak, to continue the hearing to November seconded by Councilman Hanks, 19, 1973. The motion carried 5 - 0. (b) 1. ASSESSMENT, IMPROVEMENT NO, 72-22, PAVING, CURB, AND GUTTER, LOUISIANA CIRCLE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 13, 1973. Mayor Pucci opened the hearing. Mr. Tom Reiersgord, attorney representing Ken Davis . , 3952 Louisiana Avenue, presented a letter in opposition to the assessment. He stated that the assessment exceeds the value of the improvement to the property., There being no one else wishing to speak, the Mayor declared the hearing closed subject to any subsequent action to the contrary. 2. ASSESSMENT, IMPROVEMENT NO. 72-119 PAVING, CURB AND GUTTER, WEST 39TH STREET AREA, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 13, 1973. Mayor Pucci opened the hearing. A letter of protest to the proposed assessment was presented by the attorney representing Park Terrace Supper Club, Inc. There being no one present wishing to speak, the Mayor declared the hearing closed subject to any subsequent action to the contrary. RESOLUTION NO. 4920 d It was moved by Councilman Thiel, seconded by Councilman Griak, to waive readingp �. and adopt Resiolution No. 4920 entitled, "Resolution Adopting Assessment Improvement Nos,, 72-22 and 72-11. The motion carried 5 - 0. 273 Council iviinutes, October 12 1973• 5y (c) 'IMPROVEMENT O, 73-441 BOONE AVENUE STREET NLAINT.E NANCE, FROM MINNETONKA BOULEVARD TO AQUILA LANE, AS DESCRIBED IN NOTICE OF HEARING PUBJJSHED SEPTEMBER 20 AND SEPTEMBER 27, 1973. Mayor Pucci opened the hearing. The Director of Public Works described the proposed project of street maintenance which is ccr.S1.dar.Ld su sc:qu at tc a petit,cn rori property owners in the area. Eig]b y' percent of the owners si.gnaLl ;'he petition. There being no one wishing to speak, the Mayor declared the hearing closed, subject to any subsequent action to the contrary. RESOLUTION NO. 4921 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4921 entitled, Resolution Ordering Improvement, Ordering Preparation of Plans, and Authorizing Construction by City Forces, Improvement No. 73-44, Street ,Maintenance.' The motion carried 5 - 0. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) PETITION REQUESTING REMOVAL OF PARKING LIMITATION SIGNS - 1600 BLOCK, NATCHEZ AVENUE Fred Mason, 1616 Natchez Avenue, and Stu Niann, 1624 Ottawa Avenue, parking limitations to remain. Mel Wild, 1600 Princeton Avenue, urged Council to permit the After discussion by Council as to the adequacy of the parking at the adjacent apartment complex, it was moved by Councilman Fleetham, seconded by Councilman Hanks, to file the petition. The motion carried 5 - 0. (b) NOTICE OF INTENT TO CONDUCT BINGO GAME - MOST HOLY TRINITY SCHOOL, 3946 WOODDALE AVENUE - NOVEMBER 18, 1973• There being no objection, the notice was ordered by the Mayor to be received for filing. (c) W ES TW OOD HILLS LAKE Councilman Griak presented a letter to the Department of Natural Resources from Chuck Griffith of the Environmental Improvement council 1VL notes, October 1, 1973 ission zxpressin b. (c) Commg, his concern about protecting the incur zon resulting frozrz a construction project current ..shoreline on the northeast corner Of the lake, ly underway Mattie Peterson of the Environmental jmprovexnent Commission' explained that laws have been enacted to protect lakes '•within mu ' boundaries. She stated that under this new law the De artmebnt olb f cioa� Natural Resources would have to give a permit for any new construc- tion in relation to the lake shore. It was moved by Councilman Griak, seconded by Councilman Fleetham. be designated as an officialcity lake and added to the official laces inventory at the Department of Natural Resources and that proper authorities be notified. The motion carried 5 - 0. (d) COMMUNICATION FROM POLICE DEPARTMENT Officer Richard .Anderson expressed the appreciation of the Police Department to Council and staff for ratification of the agreement with the police union and for the cooperation during negotiations, C!=JjT G?N;*S .t�ND ORDINANCES (�) ►ECONDIIIJZJADING Ort AN ORDINANCE AMENDING ORDINANCE NO, 11235 KNOW N AS "CABLE REGULATION ORDINANCE" AND AMENDING. rJ"RDINANCE NO. 1236 GRANTING A FRANCHISE. 'TO WARNER CABLE C01VIPANY OF S i . LOUIS PARK It was moved by Councilman to defer to October 9, 1973. Griak was not present). Thiel, seconded by Councilman Hanks, The motion carried 4 - 0 (Councilman 0 (b) RESOLUTION SETTING ANNUAL SERVICE CHARGE FOR COLLECTION OF GARBAGE AND REFUSE FROIvi DWELLINGS AND LEVYING ASSESSI2FNT OF COSTS RESOLUTION NO. 4922 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4922 entitled, "Resolution Settin" Annual Service Charge for Collection of Garbage and Refuse from. Dwellings and Levying Assessment of Costs. 11 The motion carr�ea 4 -- 0 (Councilman Gxiak was not present). (�) RESOLUTION LEVYING ASSESSMENT 14 O R DELINQUENT SERVICE CHARGES, aEwER, WATER AND NUISANCE ABA 11E.NLE.NT. 275 Counc? Minutes, October 1, 1973 7. (c) RESOLUTION NO. 4923 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4923 entitled, "Resolution Levying Assessment for Delinquent Service Charges, Sewer, Water and Nuisance Abatement, " The motion carried << - 0 (councilman Griak was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF TRAFFIC STUDY (;#76) - 3900 BLOCK, WOODDALE AVENUE The Director of Public Works explained the traffic problem in the area created by double parking of busses loading and unloading school students at Holy Trinity School. Mr. John Billman stated that to remove parking and create a bus loading zone would create a hardship for the church, school and his business. RESOLUTION NO. 4924 It Nvas moved by Councilman T h i. e ; , seconded by t.ouncilman Griak, to waive reading and adopt Resolution No. 491.4 entitled, "Resolution Authorizing Placement of Traffic Control Signs Regulating Parking., " The motion carried 5 - OR This resolution authorized no parking from 8:00 a.m. to 4:00 p: m. on the west side of Wooddale Avenue from a point 110 feet south of Excelsior Boulevard to a point 190 feet south in front of Most Holy Trinity School. (b) REPORT OF PLANNING COMMISSION (CASE NO. .72 -44 -SP) RECOMMENDING FAVORABLY, WITH CONDITIONS, UPON THE REQUEST OF SHELARD DEVELOPMENT CO. FOR OFFICE, THEATER AND RESTAURANT ON LOT 2, BLOCK 7. It was moved by Councilman Griak, seconded by Councilman Thiel, to authorize preparation of resolution granting special permit with conditions as specified by the Planning Commission, The motion carried 5 - 0. (c) REPORT OF PLANNING COMIvFuISSION (CASE NO. 73 -52 -RE) RECOMMENDING PUBLIC NEED FOR OUTLOT 1, OAK HILL MANOR, FOURTH ADDI'T'ION It was moved by Councilman Griak, seconded by Councilman Harks, to retain for drainage and recreation purposes. The motion carried 5 - 0. 276 Council ylinutes, October 1, 1973 r 8. (d) MINUTES OF PLANNING CO"�'IIVIISSION MEETING HELD SEPTEMBEpti 19, 1973. T.11-lere 'oFiZg no discussion, the minutes were ordered by the iYla. or �o 'sae received for filing, y MINUTES OF EN17TR.ONMEN ". A.L IMPROVEMENT CO'ViMISSION .NiEETINU HELD AUGUST 29, 1973. There being no discussion, the minutes were ordered by the Mayor to be received for filing. {f) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD SEPTEMBER 19, 1973. There being no discussion, the minutes were ordered by the Mayor to be received for filing, lg} MONTHLY FINANCIAL REPORT - AUGUST 1973. There being no discussion, the report was ordered by the Mayor to be received for filing. 9. . Nr4'INISHE D BUSINESS (a) REQUESTED SPECIAL PEARMIT OF PMVELL'S INCORPORATED TO FILL LAND LOCATED WEST SIDE OF POWELL RW4D (CASE NO* 73 -47 -SP - DEFERRED FROM SEPTEMBER 4, 1973 FOR RECOMMENDATION OF ENVIRONMENTAL IMPROVEiviENT COM- MISSION .) Mr. Bob Fraser, president of Powellrs, Inc., stated he had checked with the adjacent property owner and he has no objection to this project, but eencouraged it to be done. RESOLUTION NO. 4925 It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4925 entitled, "Resolution Granting Permit Linder Section 6:049. 8 of the St. Louis Park Zoning Ordinance for Land Reclamation. " The motion carried 5 -- 0. (b) SENIOR CiTizE N HOUSI�lG (SECOND READING TABLED AUGUST 7, 1972)9 No action was taker_ to remove this matter from the table,. 277 Council Minutes, October 1, 1973. 9. (c) PROPOSED AMENDIVIENTS TO INDUSTRIAL ZONING SECTIONS OF THE ST. LOUIS PARK ZONING ORDINANCE (CASE NO. 73-11-ZA -.DEFERRED FROM SEPTEMBER 17, 19731. It was moved by Councilman Hanks, seconded by Councilman Griax, to set public hearing October 29, 1973, The motion carried !; - 0. (d) APPOINTMENTS TO BOARDS/CO1yiMISSIONS - CO11rLMUNITY RELATIONS COMMISSION (DEFERRED F ROM SEPTEMBER 24, 1973 ). -YOUTH APPOiNT1�rNTS. On motion by Councilman Thiel, seconded by Councilman Hanks, the following persons were appointed to the Community Relations Commission by a five yea vote: Member Jim Schwebel William Mus olf Ed Meehan Margaret Gingeric_ h James Hyde Phillip Besonen James Jones Al Hovland Jim Williams Diane Perry Phyllis Kragseth Charles Houdek Henry Grove Gale Held Neighborhood Area At Large At Large At Large At Large At Large Northside -Eliot Westwood -Kilmer Lake r Forest B rowndal e Minikanda Lenox Elmwood Birchwood Oak Hill At Large Councilman Thiel moved to appoint Tire Zuel as to the Environrneental Improvement Commission,, seconded and the motion carried 5 - 0. Expiration Date 12/31/75 12/31/73 12/31/73 12/31/74 12/31/76 12/31/76 12/31/74 12/31/75 Vista 12/31/75 12/31/75 ;12/31/76 12/31/74 12/31/74 12/31/7511 school representative Councilman Griak It was moved by Councilman Griak, seconded by Councilman Thiel, to appoint Robert D. Aldrich as school representative to the Human Rights Commission. The motion carried 5 - 0. Councilman Hanks moved to appoint Nancy Walker as school representative to the Parks and Recreation Advisory Commission. Councilman Griak seconded and the motion carried 5 - 00 (e) CROSSTOWD4 BUS It was moved by Councilman Thiel, seconded by CouncUman ;-iankso to increase expenditures for crosstown bus to $10, 000, curtailing Saturday service. The motion carried 5 - 0. 278 ��,rc;l ✓iinutes, October 1, 1973 l0, % * VI BUSINESS (rj) GLEASON PROPERTY ADJACENT TO VICTORLA Las-.I{E Councilman Fleetham moved to authorize purchase for not to exceed $20, 000.Councilman Griak seconded and the motion carried 4 - 1, Councilman Thiel voting nay. ,Since .here were insufficienL. votes to transfer funds no action may be taken, 11. IvIISC E LLA NE O US (a) ARCHITECT FOR OLD COXNUVIUNIT Y CENTER SITE Councilman Thiel moved to authorize employment of Inter Design iii amount notm to exceed $3, 500. Councilman Hanks seconded and *.lie ..-notion car. zed 5 -* 00 (k) REQUEST FOR "?''RA:` .SIC STiJDY Councilman Griak moved a traffic study be made of Flag Avenue from Cedar Lake Road north to end. with emphasis being made to curtail excessive speed. Councilman Fleetharn seconded and the motion carried 5 - 0. ' 120 CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Fleetham, seconded by Councilman Tliar�tcs, the lists of verified claims prepared by the Director- of Finance and presented to the Council dated October •l, 1973 in the total amounts of $7, 166.48 for payroll, and $104, 986.50 for vendors were approved, and the City- Manager, City Clerk, and City Treasurer :were authorized to issue checks covering same by a f ive ye a vote . (U) CONTRACT PAYMENTS On motion of Councilman Fleetham, seconded by Councilman H tanks, the following payments on contract work presented by the Dir::ctor of Public Works were approved, and the City Manager, City Clerk and City Treas-.arer were aut.�iorized to issue checks for their respective amounts by a five yea vote. 1, Partial Payment No. 5, Iznp. No• 72_ 14, storm server. Contractor, Lametti & Sons, Inc* Amount, $57' 214v 82. 279 Council Minutes, October 1, 1973• 12. (b) 2. Partial Payment No. 21Imp. No. Contractor, Egan McKay Electrical $18, 683. 63. 73-36, street lighting. Cont. , Inc. Amount, No. 73 06, paving3 curb and gutter 3, Partial Payment No. 3, Imp. - and m..:.3cellaneous contingent utilities. Contractor, H. J. A. Construction Co. Amount, $19, 706.64. 4. Partial Payment No, 3, Imp. Nos. 72-02, 72-031 73-05, and 73-12, paving, curb and gutter, sidewalk and miscellaneous utilities, sign and lighting relocations. Contractor, Riegger Roadways, Inc. Amount, $25, 596.00. 5. Partial Payment No. 32 Imp, Nos. 65-45-A, 73-079 73-10, 73-15, 73-28, 73-33, and 73-34, storm sewer, sanitary sewer, and water main. Contractor, Cris Construction. Amount, $33, 305.77. 6. Partial Payment No. 3, Imp„ No. 72-41, Remodel Plumphouse No. 4. Contractor, Magney Construction Co. Amount, $1 t, 674, 50. 7. Partial Payment No. 4, Deep jilTell No. 16, Imp. No. 72-40A. Contractor, Tri-State Drilling & Equipment Co. Amounts $9,865. 800 8. Partial Payment No. 3, Imp. Nos. 72-13, 72-35, 73-03, 73-18, 73-20, and 73-25, paving, curb and gutter and sidewalk repair and miscellaneous utilities. Contractor, Bury & Carlson, Inc. Amount, $49,137.37. 13, ADJOURNMENT On motion of Councilman Hanks, seconded by Councilman meeting was adjourned at 11:58 p.m. by a five yea vote. Attest: Alice M. Carlson, Secretary Griak, the 280