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Home My WebLink About1973/02/05 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 5, 1973 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Pucci at 8:10 p.m. 2. (a) INVOCATION Invocation was given by The Reverend Ralph Erickson of the Prince of Peace Lutheran Church. (b) REVIEW AND PRESENTATION OF CITY VOLUNTEER SERVICES - CIVIL DEFENSE POLICE RESERVE AND EXPLORER SCOUT POST #505 Chief of Police Sorensen introduced the officers and advisers of the organizations and gave a summation of their activities, setting forth their goals and accomplishments. The Council, Staff, and assembled citizens joined in commending these individuals for the great service they are rendering to the community. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Richard Graves Rose -Mary Griak Lyle Hanks James Heltzer Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, Director of Public Works, Police Chief, and Secretary. 4. MINUTES On motion of Councilman Fleetham, seconded by Councilman Graves, the minutes of the regular meeting held January 29, 19731 were approved by a seven yea vote. 5. PUBLIC HEARINGS None 32 Council Minutes, February 5, 1973 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) REQUEST OF WILLIAM W. STEARNS TO ADDRESS COUNCIL CONCERNING TAXI CAB DRIVER'S LICENSE APPLICATION The Mayor explained that no action had been taken on the taxi cab driver's license application either to grant or deny, but that investigations had been made of the record of the applicant as is customary. Mr. William W. Stearns, 2520 Highway 100 South, displayed his license as a collection agent in the State of Minnesota. He reviewed his police record, indicating that he felt he could prove many of the charges and convictions to be false but did not offer any written proof which would refute the record. After discussion concerning the record of the applicant, he requested that he be permitted to withdraw the application. The Mayor stated that the application would be considered withdrawn. 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF ORDINANCE VACATING PUBLIC UTILITY EASEMENT (FREIDHEIM PROPERTY) Mr. Robert Ehrenberg, representing the petitioner, presented deeds for public utility easements to be dedicated in exchange for those vacated. ORDINANCE NO, 1208 It was moved by Councilman Graves, seconded by Councilman Griak, to waive second reading and adopt Ordinance No. 1208 entitled, "An Ordinance Vacating Public Utility Easements. " The motion carried unanimously. (b) SECOND READING OF ORDINANCE DEFINING A PUBLIC NUISANCE AND PROVIDING FOR THE ABATEMENT THEREOF BY REGULATING THE APPOINTMENT OF TOWING CONTRACTORS AND THE REN OVAL AND IMPOUNDING OF ABANDONED OR OTHER VEHICLES CONSTITUTING A PUBLIC NUISANCE, AMENDING SECTIONS 3:13 6. 1 THROUGH 3:136o 11 OF THE S T. LOUIS PARK ORDINANCE CODE ORDINANCE NO. 1209 It was moved by Councilman Griak, W, seconded by Councilman Thiel, Council Minutes, February 5, 1973 1209 entitled, 7. (b) to waive second reading and adopt Ordinance No, 1209 for the "An Ordinance Defining a Public Nuisance andProviding of Towing Abatement thereof by Regulating the Appointor Contractors and the Removal and Impounding of Abandoned or Other Vehicles Constituting a Public Nuisance, Amending Sections 3:136.1 Through 3:13 6. 11 of the St. Louis Park Ordinance Code. " The motion carried 7 - 0. (c) RESOLUTION DECLAF�ING COST, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT IMPROVEMENT NOS. 72-05 AND 72-31 RESOLUTION NO. 4750 It was moved by Councilman Graves, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4750 entitled, "Resolution Declaring Cost, Ordering Preparation of Proposed Assessment, and Calling Public Hearing on Proposed Special Assessment Improvement Nos. 72-05 and 72-31. " The motion carried 7 - 0. (Hearing to be held March 19, 1973 ) (d) RESOLUTION DECLARING COST, ORDERING PREPARATION OF PROPOSED ASSESSMENT, AND CALLING PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT IMPROVEMENT NOS. 72-04 AND 72-06 RESOLUTION NO, 4751 It was moved by Councilman Graves, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4751 entitled, "Resolution Declaring Cost, Ordering Preparation of Proposed Assessment, and Calling Public Hearing on Proposed Special Assessment Improvement Nos. 72-04 and 72-060 " The motion carried 7 - 0. (Hearing to be held April 2, 1971 3 ) (e) RESOLUTION ACCEPTING WORK FOR SUBDIVISION CONTRACT CONSTRUCTION ASTLEFORDS COURT ADDITION RESOLUTION NO, 4752 It was moved by Councilman Griak, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4752 entitled, "Resolution Accepting Work for Subdivision Contract Construction Astlefords Court Addition. " The motion carried 7 - 0. (f) RESOLUTION ACCEPTING WORK FOR SUBDIVISION CONTRACT Council MinuCes, February 5, 1S?� 7. (f) CONSTRUCTION ASTLEFORDS PARK ADDITION RESOLUTION NO, 4753 It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4753 entitled, "Resolution Accepting V;'ork for Subdivision Contract Construction Astlefords Park Addition. " The motion carried 7 - 0. (g) RESOLUTION ACCEPTING WORK FOR SUBDIVISION CONTRACT CONSTRUCTION MONTEREY ADDITION RESOLUTION NO, 4754 It was moved by Councilman Graves, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4754 entitled, "Resolution Accepting Work for Subdivision Contract Construction Monterey Addition, " The motion carried 7 - 0. (h) RESOLUTION ACCEPTING WORK FOR SUBDIVISION CONTRACT CONSTRUCTION UDSTRANDS ADDITION RESOLUTION NO, 4755 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4755 entitled, "Resolution Accepting Work for Subdivision Contract Construction Udstrands Addition. " The motion carried 7 - 0. 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF TRAFFIC STUDY (#62) LAKE STREET (IN FRONT OF 6900 WEST LAKE STREET - REISS RESTAURANT & LIQUOR STORE) It was moved by Councilman Fleetham, seconded by Councilman Griak, to authorize preparation of resolution restricting parking for approximately fifty feet in front of Reis s' Restaurant to ten minutes. The motion carried 7 -- 0. (b) REPORT OF FIRE LANE STUDY - WESTV,TOOD NURSING HOME RESOLUTION NO. 4756 It was moved by Councilman Griak, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4756 entitled, "Resolution Authorizing Placement of Traffic Control Signs Establishing Fire Lanes. " The motion carried 7 - 0. 35 Council Minutes, February 59 1973 8, (c) REPORT OF PLANNING COMMISSION (CASE NO. 72 -54 -ST) CONCERNING GOALS AND POLICIES OF THE CITY FOR WEST 36TH STREET/HIGHWAY 100 AREA b Councilman Griak, seconded by Councilman Hanks, It was moved y to accept the recommendations of the Planning Commission. The motion carried 7 - 0. (d) REPORT OF PLANNING COMMISSION RECOMMENDING APPROVAL OF PLANNING DEPARTMENT REPORT DENYING LAND USE GUIDE PLAN (CASE NO. 73-4-MISC) It was moved by Councilman Graves, seconded by CouncilmanThe Heltzer, to accept the recommendation and order it filed. motion carried 7 - 0. RESOLUTION NO. 4757 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4757 entitled, "Resolution Stating City's Position on the Land Use Guide Plan for Plymouth Village. " The motion carried 7 - 0. (e) CITIZENS ADVISORY C0MMITTEE PROGRESS REPORT 1972 AND PLAN FOR 1973 After Council's commending the Citizens Advisory Committee for its excellent report; the Mayor ordered the report to be received for filing. 9. UNFINISHED BUSINESS (a) LAND TRANSFER - GEORGE'S IN THE PARK (DEFERRED FROM JANUARY 29, 1973) It was moved by Councilman Graves, seconded by Councilman Heltzer, to defer this matter to February 12, 1973. The motion carried 7 - 0. (b) ACCEPTANCE OF DEEDS - CHAS. M. FREIDHEIM, PUBLIC UTILITY EASEMENTS - ROYAL COURT, WATER MAIN EASEMENTS It was moved by Councilman Heltzer, seconded by Councilman Hanks, to accept deeds and order filed for record. The motion carried 7 - 0. 36 Council Minutes, February 5, 1973 9. (c) APPOINTMENTS TO BOARDS/COMMISSIONS Councilman Hanks moved to appoint Marvin Boegler (to expire December 31, 1973) and Norman Orr ( to expire December 310 1975) to the Citizens Advisory Committee to replace Constance Abrams and Alfred Relph. Councilman Fleetham seconded and the motion carried 7 - 0. It was moved by Councilman Hanks, seconded by Councilman Fleetham, to appoint Alan Shapiro to the Board of Zoning Appeals (to expire December 31, 1977). The motion carried 7 - 0. Councilman Griak moved to appoint Mrs. Carol S. Rye to the Human Rights Commission (to expire June 1, 1974) to replace James Samples. The motion was seconded by Councilman Graves and carried 7 - 0. (d) TEXA-TONKA BARRICADE The City Manager explained to Council that the 30 days to have in place the barricade at 28th and Virginia had expired and asked for Council direction in this matter. Councilman Heltzer requested that the barricade remain until Council receives a recommendation and makes a final decision on the matter. (e) REDETERMINING WARD BOUNDARIES AS REQUIRED BY SECTION 2.03 OF THE CITY CHARTER (DEFERRED FROM JANUARY 29, 1973 ) Staff displayed various plans and submitted other census data relative to projected growth by wards and census tracts within the City. After discussion concerning the various plans submitted by staff and alternates by the Council, it was moved by Councilman Hanks, seconded by Councilman Graves, to defer the matter to February 12, 1973 and that staff prepare maps and other supporting census data for further discussion. The motion carried 6 - 0 (Councilman Heltzer was not present). 10. NEW BUSINESS (a) TABULATION OF BIDS - SELF PROPELLED HIGHWAY PAINT STRIPER 37 Council Minutes, February 5, 1973 10. a It was moved by Councilman Griak, seconded by Councilman ( ) Equipment Inc. as lowest responsible Thiel, to accept MacQueen bidder for one M -B Striper Model 1600 in amount of $?, 649. 00. The motion carried 7 - 0. (b) CHANGE ORDER NO. 1 - CONTRACT NO. 988 - ADD $7,500 FOR CLEANING AND REPAIR OF WELL NO. 12 - EXTEND COMPLETION DATE TO MAY 151 1973 It was moved by Councilman Thiel, seconded by Councilman Hanks, to approve the change order and authorize its execution. The motion carried 7 - 0. (c) BID TABULATION - POWER FACTOR CORRECTING CAPACITORS It was moved by Councilman Fleetham, seconded by Councilman Griak, to designate Pierson -Wilcox Electric Company as lowest responsible bidder and accept bid in amount of $1, 975. 00. The motion carried 7 - 0. (d) PARKING ANALYSIS STUDY - 36TH STREET IN VICINITY OF HIGHWAY NO. 7 FRONTAGE ROAD Councilman Heltzer moved that Bather, Ringrose, Wolsfeld, Inc. be authorized to cb a parking analysis study in the area of the Highway 7 frontage road and Wooddale Avenue. Councilman Hanks seconded and the motion carried 6 - 0 (Councilman Graves was not present). 11. MISCE LL.P NE OUS (a) DAMAGE CLAIMS 1. Mrs. Wilbert Busse, 3244 Hampshire Avenue 2. Thomas Properties of Mpls. - Stanley R. Thomas, 4500 Excelsior Boulevard Councilman Hanks moved to file claims with City Clerk for proper action by the City Manager and City Attorney. Councilman Thiel seconded and the motion carried 7 - 0. 12, CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS W Council Minutes, February 5, 1973 12. (a) Councilman Graves moved to approve and authorize issuance of checks covering the lists of verified claims prepared by the Director of Finance and presented to the Council dated February 5, 1973 in the total amounts of $6,407. 69 for payroll, and $249, 740. 15 for vendors. Councilman Hanks seconded but the motion failed failed 5 - 1, Councilman Griak voting nay (requires six votes). Councilman Heltzer was not present. Councilman Fleetham moved to reconsider the vendors claims. Councilman Thiel seconded and the motion carried 6 - 0. Councilman Griak moved to delete item of reimbursement to Mayor Pucci the amount of car rental. The motion was seconded by Councilman Thiel. Councilman Fleetham had earlier requested to have deducted the amount of $103.00 from the list of claims for his expense reimbursement. Councilman Graves asked that he place this amount back on the list but Councilman Fleetham indicated he would not do this unless all members felt it to be proper. 1) , Councilman Griak, feeling she had made her point regarding x expense charged for car rentals, agreed to support all claims with the stipulation that policy be set down in writing concerning this matter. Councilman Hanks moved that Councilman Fleetham's claim in the amount of $103. 00 be included. Councilman Graves seconded and the motion carried 5 - 0 - 1, Councilman Fleetham abstaining and Councilman Heltzer not present. Vote on the claims list with the vendors total to be $249, 843. 15 carried 6 - 0. Councilman Griak moved that staff be directed to prepare a resolution stating policy for car rental. Councilman Thiel seconded and the motion carried 6 - 0. (b) CONTRACT PAYMENTS 1. Partial Payment No. 2, Park Shelters. Contractor, Nystrom Constructors, Inc. Amount, $11,222.37 2. Partial Payment No. 1, Imp. No. 72,s-19, Chain Link Fencing, Contractor, Sears, Roebuck & Co. Amount, $9, 179.84. It was moved by Councilman Thiel, seconded by Councilman Griak, to authorize above payments on contract work. The motion carried 4 - 0 (Councilmen Graves, Heltzer, And Thiel not present for the vote) 39 Council Minutes, No. 71- O2, paving,. curb and gutter, 3. Final Payment, Imp Contractor, us utili55 sidewalk repair and miscellaneo5703.44. Minn -Kota Excavating, Inco Amount, $ FeLV nary 5, 1973 12. (b) 13. RESOLUTION NO. 4758 •seconded by Councilman It was moved by Councilman Thiel'Resolution No. 4758 entitled, Griak, to waive reading and adopt Curb and Gutter, Sidewalk "Resolution Accepting Work on Paving, The rovement No. 71-02. " Repair and Miscellaneous UtilitieslmpHeltzer, and Thiel were motion carried 4 - 0 (Councilmen Gravest not present when the vote was taken). 4. Final Payment, Imp. Nos, 71-07 and 71-08, sanitary s $30x239.54, lift stations, Contractor, Lametti & Sons, Inc. Amount, RESOLUTION NO, 4759 It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4759 entitled, "Resolution Accepting Work on Sanitary Sewer Lift Stations Improve- ment Nos. 71-07 and 71-08. 11The motion carried 4 - 0 (Councs ae Graves, Heltzer, and Thiel were not present when the vote s` ken 5. Final Payment, cleaning and painting of ground reservoir # 1. Contractor, General Coatings. Amount, $4, 954. 60. RESOLUTION NO. 4760 It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4760 entitled, "Resolution Accepting Work on Cleaning and Painting of Ground Reservoir No. 1, " . The motion carried 4 - 0 (Councilmen Graves, Heltzer, and Thiel were not present when the vote was taken). ADJOURNMENT On motion of Councilman Hanks, seconded by Councilman Thiel, the meeting was adjourned at 9:27 ppm. by a six yea vote. Attest: *41 Alice M. Carlson, Secretary 40