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HomeMy WebLinkAbout1973/10/09 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 9, 1973 1. CALL TO ORDER A regular meeting of the City Council was Thiel at 3:10 p.m. 2. INVOCATION 3. ROLL CALL called to order by President Pro Tem The following Councilmen were present at roll call: Frank Fleetham Rose -Mary Griak James Heltzer Leonard Thiel Also present were the City Manager, Assistant City Manager, City Attorney, Director of Public Works, City Assessor and Acting Secretary. Councilman Graves arrived at 8:15 p.m., Mayor Pucci arrived at 9:00 p.m. and Councilman Hanks arrived at 9:30 p.m. Councilman Fleetham left the meeting at 9:45 p.m. 4. MINUTES On motion of Councilman Griak, seconded by Councilman Heltzer, the minutes of regular meeting held October 1, 1973 and the special meeting held October 2, 1973 were approved by a four yea vote with the following corrections to the minutes of October 2, 1973: Page 282, Item 4(a), sixth paragraph to read "In addition, the Council requested the measurement of Dr. Posnick's property be made and that the assessment be reviewed to determine if an adjustment is necessary to give credit for any sidewalk, curb and guttering previously assessed". 5. PUBLIC HEARINGS the (a) IMPROVEMENT N0, 62-27, ASSESSMENT, GRADING, PAVING AND CURB, BRIDGE, RETAINING WALL, MISCELLANEOUS UTILITY RELOCATION) SIDEWALK AND DRIVEWAY APRONS WHERE NECESSARY, LOUISIANA AVENUE FROM EXCELSIOR BOULEVARD TO OXFORD STREET, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 20, 1973. President Pro Tem Thiel opened the hearing. The Council was informed that a court reporter was present to record the proceedings of this hearing. President Pro Tem Thiel requested a copy of the transcript, which the applicant agreed to provide. The reporter was retained by We D. Howard, attorney. 284 council Minutes, October 9, 1973 (a) Mr. William D. Howard, attorney representing John Se Irene 5• Richard Einck, Donald Westling, and Oxforda Smith, his clients have three main objections tothevasseent Company, stated proposed special assessment is not a ssment: (1) the assessment under Minnesota Statutes Chapters429ectof special assessment of petitioners' ; (2 ) the proposed property far exceeds the increase in market value of petitioners' property; and (3) the assessment unlawfully discriminates against the onsthat the area proposed to be assessed improperly excludes property y similarly situated. President Pro -Tem Thiel indicated the Council would not respond to any points raised but would rather leave all legal or assessment comments to the City Attorney and City Assessor after the close of the hearing. Mr. Bert Gross, attorney representing Meadowbrook Medical Building, and Mr. Jerome Franke, attorney representing Investment Inc., spoke in opposition of the assessment and concurred with Mr. Howard's comments. Mr. Luke Treso, 6700 Excelsior Boulevard (vacant lot), imitated the main objection to this assessment was the limited ingress and egress and, in his judgment, his property has decreased in value, not increased. Mr. John Stone, attorney representing Methodist Hospital, Mr. Thomas Reiersgord, attorney representing Ken Davis (3950-52 Louisiana Avenue), Mr. Ronald London, attorney representing Jason Oxford Industrial Properties, and Mr. Russell Sorenson, attorney representing John Reiman Company (6700 Excelsior Boulevard) and Robert Klein (Louisiana Circle), spoke in opposition of the assessment. The City Attorney, City Assessor and City Manager responded to the points raised during the hearing. There being no one else wishing to speak, President Pro -Tem Thiel closed the hearing. RESOLUTION N0. 4929 After discussion it was moved by Councilman Heltzer, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4929 entitled, "Resolution Adopting Assessment Improvement No. 62-27", reducing the total assessment from $773,677.97 to $625,000, or $148,000 less than that proposed by the City Assessor. The motion carried 7 - 0. A five minute recess was declared by the President Pro -Tem. (b) IMPROVEMENT NO. 73-45, PAVING, CURB AND GUTTER, AND DRIVEv1AY APPROACHES ON YOSEMITE AVENUE FROM 28TH STREET TO MINNETONKA BOULEVARD AND ON WEST 29TH STREET BETWEEN YOSEMITE AND XENWOOD AVENUES, AS DESCRIBED IN NOTICE OF HEAPING PUBLISHED SEPTEMBER 27 AND OCTOBER 4, 1973 Mayor Pucci assumed the chair and opened majority petition. 285 the hearing requested by a Council Minutes, October 9, 1973 5, (b) Mr. R, H. Rake, 2847 Yosemite Avenue, spoke in favor of the improvement. There being no one else present wishing to speak, hearing closed. RESOLUTION N0. 4930 the Mayor declared the Councilman Fleetham moved to waive reading and adopt Resolution No. 4930 • Improvement, Ordering Preparation of entitled, Resolution Ordering p Plans, and Authorizing Advertisement for Bids or Change secondedOrder bImprovement No. 73-451 Paving, Curb and Gutter. The motion was Y Councilman Griak and carried 7 - 0. 6. PETITIONS None 7. UESTS AND COMMUNICATIONS RESOLUTIONS AND ORDINANCES (a) SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 121236 GRANTING KNOWN AS "CABLE REGULATION ORDINANCE AND AMENDING • ORDINANCE � (DEFERRED FROM A FRANCHISE TO WARNER CABLE COMPANY OF OCTOBER 13, 1973) . ORDINANCE N0. 1247 It was moved by Councilman Graves, seconded by Councilman Griak to waive second reading and adopt Ordinance No. 1247 entitled, "An Ordinance Amending Ordinance No. 1235 known as "Cable Regulation Ordinance" and Amending Ordinance No. 1236 Granting a Franchise to Warner Cable Company of St. Louis Park". The motion carried 6 - 0 (Councilman Fleetham was not present). (b) RESOLUTION AMENDING SHELARD PARK SPECIAL PERMIT (AUTHORIZED OCTOBER 1, 1973) RESOLUTION N0. 4931 It was moved by Councilman Griak, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4931 entitled, "Resolution Amending Resolution No. 3787 Granting Permit Under Sections 6:122.15, 6:176.2 and 6:176.4 of the St. Louis Park Zoning Ordinance for Residential Development Unit and Previously Amended by Resolution No. 3866 adopted November 3, 1969; Resolution No. 3887, adopted December 8, 1969; Resolution No. 3907 adopted February 2, 1970; Resolution No. 4091, adopted November 16, 1970; Resolution No. 4152, adopted February 16, 1971; Resolution No. 4372, adopted October 4, 1971; Resolution No. 4419, adopted December 20, 1971; and Resolution No. 4746, adopted January 29, 1973, Shelard Development Company". The motion carried 6 - 0 (Councilman Fleetham was not present). RIM Council, Minutes, October 9, 1973 7. (c) RESOLUTION APPROVING 1973 TAX LEVY AND REDEVELOPMENT AUTHORITY OF ST. LOUISEA COLLECTIBLE IN 19 74 FOR THE HOUSING RESOLUTION N0. 4932 Councilman Graves moved, seconded by Councilman Thiel, to waive readin and adopt Resolution No. 4932 entitled, "Resolution Approving 1973 g Tax Levy, Collectible in 1974 for the Housing and Redevelopment Authority of St. Louis Park". The motion carried 6 - 0 (Councilman Fleetham was not present). (d) RESOLUTION SETTING POLLING PLACES AND NAMING ELECTION JUDGES FOR CITY GENERAL ELECTION NOVEMBER 6, 1973 RESOLUTION N0, 4933 It was moved by Councilman Graves to waive reading and adopt Resolution No. 4933 entitled, "Resolution Setting Polling Places and Naming 'L1r!ction Juegas Eor City General Election November 6 1973". The moti:,n was seconded by Councilman Griak and carried 6 - 0 (Councilman Fleethas was absent) . �e) RESOLUTION TAKING LAND BY EMINENT DOMAIN FOR WATER UTILITY DIPROVEMENTS RESOLUTION N0, 4934 After discussion on the effects of the Resolution, Councilman Graves moved, seconded by Councilman Griak, to waive reading and adopt Resolution No . 4934 entitled, "Resolution Authorizing Taking of Land by Eminent Domain for Water Utility Improvements". The motion carried 6 - 0 (Councilman Fleetham was not present) . Councilman Griak indicated her concern with the future usage of the remaining portions of this land owned by the Minneapolis Golf Course and stated her opposition to its use as something other than the existing marsh and open space. (f) RESOLUTION REQUESTING THE DEPARTMENT OF NATURAL RESOURCES TO INCLUDE WESDIOOD HILLS LAKE IN ST. LOUIS PARK IN THE PUBLIC MATERS CZASSI.FICAT=ON LIST (AUTHORIZED BY COUNCIL OCTOBER 12 1973) . RESOLUTION N0. 4935 After discussion on the effects of the Resolution, it was moved by Councilman Griak seconded by Councilman Thiel, to waive reading j "Resolution Requesting the and adopt Resolution No. 4935 entitled, j Department of Natural Resources to Include TiTestwoori Hills Lake in St. Louis Park in the Public Fater Classification List". The Motion carried 6 - 0 (Councilman Fleetham was not present). Councilman Griak moved to authorize the City Attorney to write a letter the Environmental Improvements Co��missioncQndedxbing of explanation to ' this situation and the Council's action. The motion was se y Councilman Heltzer and carried 6 - 0 (Councilman Fleetham was rot Present). 287 Counc l Hinutacs, October 9, 1973 F.EP ►RTS OF OFFICERS, Ba�RDS AMID CODR4ITTEES �aon� 9 . b` FINISHED BUSIZIESS (a) T�2arlFIC STUDY 0#72) - AREA OF SENIOR HIGH SCHOOL (DEFERRED FROM SEPTEtiBER 17, 1973) . Councilman Heltzer moved to accept the concept of Alternative as outlined in the report. The motion was seconded by Councilman Graves and carried 6 - 0 (Councilman Fleetham was not present). The City Manager was directed to contact the schools relative to the impact of this alternative. (b) STORM SMIER EASEMENT - IMPROVEMENT N0. 66-17 Councilman Graves moved to authorize purchase at a ccst not to exceed $3,690. Councilman Thiel seconded the motion which carried 6 - 0 (Councilman Fleetham was not present). (c) ACCEPTANCE OF EASEMENT DEED - T.H. 100 AND WEST 36TH STREE;-P it was moved by Councilman Griak to accept and order recorded. The notion was seconded by Councilman Thiel and carried 6 - 0 (Councilman Fleefiham was not present) . (d) APPOINTMENTS TO BOARDS /CO%,vRIISS IONS Councilman Hanks moved to appoint Jeff Mandel to the Community Relations Commission as student representative. The motion was seconded by Councilman Thiel and carried 6 - 0 (Councilman Fleetham was not present). The Council discussed the retention of Rev. Robert Bardy on the Fire Civil Service Commission until the new eligibility lists are certified. Councilman Graves moved to defer the other appointments. The motion was seconded by Councilman Thiel and carried 6 - 0 (Councilman r1Qetham was absent). (e) SANITARY SEWER LIFT STATION REPORT (4114. & C. NO. 73-40) - 31ST AND GLENHURST Tt was moved by Councilman Graves, seconded by Councilman Harks, to authorize the services of Orr-Schelen-Mayeron and Association at a cost not to exceed •$2,500. The motion carried 6 - 0 (Councilman Fleetham was not present) . 288 ,ouncil Minutes, October S, 1973 9, (g) IMPROVEMENT N0o, 72-12, PAVING, CURB AND GUTTER SIDEWALK PARKING AND LIGHTING, LAKE STREET PROM wnnn 2 MUNICIPAL OF JAKE STREET FROM DAKOTA TO IDAHO • "JuIDAHO ANDEGEORG LKER, ALLEY NORTH TO ALLEY NORTH OF LAKE STREET, AS DESCRIBED IN NOTICE OFHEAR OM KE STREET PUBLISHED SEPTEMBER 13, 19730 ING Councilman Fleetham asked about the status of Dr. Posnick's asses review as directed at the October 2 sment 1973 public hearing. The City Manager explained that measurements had been made of the property, It was found that the p::operty owner had previously been assessed for Dakota Avenue in 1962 but that the full rear abutting frontage on the alley/parking lot Was not originally assessed, The Manager briefly outlined the method in which the original assessment was made and objected to by the property owner ($8,009.56). It was explained that should this be corrected to assess full footage (156.21 feet) , the assessment would increase to $3,801.95, The Manages.- stated that members of his staff had attempted to work out a reasonable and fair assessment to both the City and the property owner with Dr. I. Posnick's nephew (representing Dr. Posnick) , but without success. He stated that a suggested assessment involving 49 feet of sidewalk, 49 feet of Lake Street paving and 128 feet of alley/parking lot footage was proposed but rejected by the property owner. This proposal would total $7,524.34. Mr. Mike Posnick, 2601 Princeton Avenue, speaking for Dr. Posnick, objected to this assessment and felt the amount should be substantially reduced. Councilman Hanks stated he felt the property owner should comply with the over-all beautification plan of the area and meet setback requirements. After further discussion, Councilman Fleetham moved to confirm the assessment made at the October 2, 1973 hearing. Councilman Heltzer seconded the motion but later withdrew. Councilman Graves then moved, seconded by Councilman Heltzer to adopt the assessment proposal of staff in the amount of $7,524.:37. The motion carried 7 - 0. 10, NEW BUSINESS (a) TABULATION OF BIDS - 1974 CiiTIC CALENDAR AND REPORT Councilman Graves mow d to designate Associated Lithographers as lowest responsible bidder in sum of $6,534.50 and -accept bid. The motion was seconded by Councilman Griak and carried 6 - 0 (Councilman Fleetham was not present). 289 Council Minutes, October 9, 1973 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Leslie Jay Oilund, 2910 Wyoming Avenue Councilman Graves moved to file claim with City Clerk for proper action by the City Managor and City Attorney. Councilman Thiel seconded the motion which carried 6 - 0 (Councilman Fleetham was absent), 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS None 13. ADJOURNMENT On motion of was adjourned Attest: Councilman Graves, at 10:55 p.m. by a P3 Cathy Ciorrier, Actg . Secretary seconded by Councilman Thiel, the meeting vnA vnf-a 290 Le and Thiel, eg'Ident Pro -Tem