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HomeMy WebLinkAbout1973/03/19 - ADMIN - Minutes - City Council - Regular (2)MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 19, 1973 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Pucci at 8: ' 7 P.m. 2. INVOCATION Invocation was given by The Reverend Bennett Brudevold of the Aldersgate Methodist Church. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Richard Graves Rose -Mary Griak Lyle Hanks Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director, City Engineer, City Assessor, Supervisor of Zoning and Inspection, and Secretary. 4. MINUTES On motion of Councilman Fleetham, seconded by Councilman Griak, the minutes of the regular meeting held March 5, 1973, were approved by a six yea vote. 5. PUBLIC HEARINGS (a) ASSESSMENT OF IMPR OVE1ViE NTS AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MARCH 1, 1973: 1. Improvement No. 72-05, Paving, Curb and Gutter, Watermain - Colorado and Dakota Avenues from 16th Street to Highway 12 Frontage Road and West 14th Street and 16th Street from Dakota to Colorado Avenue Mayor Pucci opened the hearing. 63 Council Minutes, March 19, 1973 5. (a) 1. Mr. Julian Hook251 Yosemite Circle, Golden Valley, represented spoke in opposition to assessment on Dakota venue Stan Thomas. He p Street to cul-de-sac. He did not object to other assess. from West 14th ortion he opposed ments but felt the only benefit derived from the p would be dust abatement. There being no one else wishing to speak, Mayor Pucci closed the hearing. 'el moved that the assessment be adjusted from 40% to Councilman Thi 15% on 1.c ; S 3 and 4, Block 31 John A. Johason's Addition. Motion was seconded by Councilman Graves and carried 6 - 0e paving, curb and gutter, Brunswick Z. Improvement No. 72 31, p g, Avenue from Cedar Lake Road to 230 feet south of West 16th est et, Blackstone and Alabama Avenues from Cedar Lake Road to W 16th Street and West 16th Street from Blackstone Avenue to Zarthan Avenue. Mayor Pucci opened the hearing. Mr. Jim Martin, 1632 Alabama Avenue; and Mr. Graziano, 1645 Alabama Avenue, had questions concerning side street assessment which were answered to their satisfaction by the City Assessor. Alfred Relph, 1617 Blackstone Avenue, asked what amount is being paid from the general fund. The City Manager told him that amount is $41, 444. 17. Mr. Relph also suggested a traffic barrier for the park at end of 16th Street and Alabama Avenue and called attention to a street cut made by the Minneapolis Gas Co. at 16th Street and Blackstone Avenue. There being no one else wishing to speak, the public hearing was closed, subject to any subsequent motion by the Council during the discussion to continue the public hearing to a future date. RESOLUTION NO. 4770A It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4770 entitled, "Resolution Adopting Assessment Improvement Nos. 72-05 and 72-31. It The motion carried 6 - 0. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS None Council Iviinutes, March 19, 1973 7. RESOLUTIONS AND ORDINANCES (a) FIRST 11LA.TJ' ING OIC' ORDINANCE AMENDING IVIULTI-FAMILY LICENSING REGULATIONS The City Manager gave the background of the proposed amendment to the ordinance, explaining the studies made and the recommended changes of the committee. Mr. Douglas Wigdahl, 301 E, Lake Street, and Mr. Roger Hankey, 2014 Oakland Avenue, representing the Minnesota Tenants' Union, spoke in favor of the proposed ordinance. They felt it would prevent deterioration of present housing. Mr. R. J. W e stling, 8550 Minnetonka Boulevard, felt the ordinance was not clear in Section 5:2307.05 as to the uniform requirements and requested that the guidelines for single family dwellings should be used. Mrs. Virginia Brenner, 3125 Virginia Avenue, felt referral to the "Housing Code" to be too obscure and that the granting of a building permit is in effect the issuing of a license for an apartment building. Mrs. Herman Scheurer, 4625 Nicollet Avenue, felt responsibility should be shared by the tenant when a particular unit is not meeting health standards. Mr. Len J. Karlson, 2301 Louisiana Avenue, felt the inspection fee of $3.00 to be unnecessary and excessive and amounts to a tax. He felt the fee should be $1.00 per unit and $10. 00 per building and issued for a period of three or four years. He also suggested spot checking 10% or 20% of the units. The Assistant City Manager explained the alternate "A" and the graduated scale upon which it was based. After discussion, Councilman Griak moved to waive first reading af the ordinance and set second reading April 2, 1973. Councilman Graves seconded and the motion failed with a 3 - 3 vote, Councilmen Thiel, Fleetham, and Hanks voting nay. It was then moved by Councilman Hanks, seconded by Councilman Fleetham, to waive reading and adopt ordinance, using Alternate "A setting second reading April 2, 1973. The motion carried 5 - 1, Councilman Thiel voting nay. 65 Council Minutes, March 19, 1973 b) ORDINANCE AMENDING SECTION 2:615 OF THE ST. LOUIS PARK ORDINANCE CODE RELATING. TO THE LICENSING OF DOGS ORDINANCE NO. 1214 It was moved by Councilman Griak, seconded by Councilman entitled, Fleetham, to waive reading and adopt Ordinance No. 1 "An Emergency Ordinance Amending Section 2:615 of St. Louis The Park Ordinance Code Relating to the Licensing of Dogs. " motion carried 6 - 0. (c) RESOLUTION REQUESTING METROPOLITAN COUNCIL REVW, CONSIDERATION AND IMPLEMENTATION OF MASS TRANSIT PLANS PREPARED BY THE METROPOLITAN TRANSIT COIVIMIS- SION AND THE CITY OF MINNEAPOLIS RESOLUTION NO. 4771 It was moved by Councilman hanks, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4771 entitled, "Resolution Requesting Metropolitan Council Review, Consideration and Implementation of Mass Transit Plans Prepared by the Metropolitan Transit Commission and the City of Minneapolis. 11The motion carried 6 - 0. (d) RESOLUTION REQUESTING REPRESENTATION ON THE HENNEPIN COUNTY HEALTH COALITION RESOLUTION NO. 4772 It was moved by Councilman Hanks, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4772 erAitled, "Resolution Requesting Representation on the Hennepin County Health Coalition. " The motion carried 6 - 0 (appointing James Hyde as representative). (e) RESOLUTION AUTHORIZING PLACEMENT OF SIGNS REGULATING LOAD LIMITS ON CERTAIN CITY STREETS RESOLUTION NO, 4773 It was moved by Councilman Griak, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4773 entitled, "Resolution Authorizing Placement of Signs Establishing Load Limits on Certain Streets in St. Louis Park, Minnesota. " The motion carried 5 - 0 (Councilman Graves was not present). Council Minutes, March 19, 1973 7, (f ) ;RESOLUTION AUTHORIZING AGREEMENT WITH STATE OF IViINNESOTA. RELATIVE TO COOPERATIVE PURCHASING RESOLUTION NO, 4774 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4774 entitled, "Resolution Authorizing Agreement with State of Minnesota Relative to Cooperative Purchasing. " The motion carried 5 - 0 (Councilman Graves not present), (g) FIRST READING OF PROPOSED ORDINANCE RELATING TO THE CONDUCT OF ELECTIONS; PROVIDING A PROCEDURE FOR CANDIDATES FOR PUBLIC OFFICE TO CCNTACT RESIDENTS OF CERTAIN APARTMENT BUILDINGS Mr. Gerhard Veith, 1328 Idaho Avenue, spoke in opposition to the proposed ordinance because he felt those in security buildings were there because they wanted to be left alone. It was moved by Councilman Hanks, seconded by Councilman Griak, to waive first reading, setting reading April 2, 1973 and adding the incorporating of identifying photograph and changing "for the purpose of contacting the residents" to "for the purpose of communica- ting with the residents. " The motion carried 4 - 2, Councilmen Fleetham and Thiel voting nay, (h) RESOLUTION OF APPR' CIATION - BOB MCDONALD RESOLUTION NO, 4775 It was moved by Councilman Hanks, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4775 entitled, "Resolution of Appreciation, " The motion carried 6 - 0. g. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF CITY MANAGER (MRC NO, 73-11) RELATIVE TO PETITION FOR WATER MANAGEMENT ENT AND COOPERATIVE AGREEMENT FOR COORDINATED PROGRAM Nr, Larry Kelley of the 7'ratershed District was present to answer any questions, RESOLUTION NO, 4776 It was moved by Councilman Graves, seconded by Councilman Thiel, 67 Council Minutes, March 199 1973 4776 entitled, 8. (a) to waive reading and adopt Resolution Agreement for a Coordinated "Resolution Authorizing Cooperative AgA roving a Petition for an Land and 'Fater Management ?1 an anCreek. " The motion carried Improvement Project for 1Vlinnehaha 6-0. (b) MINUTES OF HOUSING AND aEDEVELOP1ViENT AUTHORITY MEETING HELD FZ.4BRUARY 13, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (c) REPORT OF TRAFFIC STUDY (W64) - 33rd STREET AND TEXAS A V N U It was moved by Councilman Griak, seconded by Councilman Graves, to authorize preparation of resolution prohibiting parking on the north side of West 33rd Street from Texas Avenue to 150 feet east and on the south side of Zest 33rd Street from Texas Avenue to 150 feet west. The motion carried 6 - 0. (d) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD FEBRUARY 21, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing, (e) REPORT RELATIVE TO LOTS ABUTTING HANNAN LAKE The City Manager explained the background of the land acquisition. After discussion as to need, it was moved by Councilman Graves, seconded by Councilman Thiel, to authorize payment of $920 to consummate purchase. The motion carried 4 - 2, Councilmen Fleetham and Hanks voting nay. (f) MINUTES OF PLANNING COMMISSION MEETING HELD MARCH 71 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) REPORT OF PLANNING COMMISSION RECOMMENDING ADOPTION OF COMPREHENSIVE PLAN (72 -50 -CP) IN AREA BOUNDED IN GENERAL BY HIGHWAY 12, HIGHV:'AY 100, MN&S RAILROAD AND WEST 25-1 STREET MOO Council Niinutes, March 19, 1973 8. (g) Mr. Bob Ehrenberg, 2320 Parklands Road, representing Chas. N. , Mildred, and Grace F reidheim and Lucille F. and Donavan L. McCain, asked that the following statement be entered into the minutes* "As you know we are but one of approximately 18 to 20 landowners in this particular area; however one of the largest when it comes to undeveloped lands. We have attended all meetings that were notified of since this new concept of zoning was proposed. However, it was not until March 7, 1973 that we received a written report showing what was encompassed and the far-reaching changes involved. Naturally we are concerned about the ramifi.cation;) of such a concept, but are certainly not here this evening to appear as adamant adversaries to any change. "However, from the information supplied to us thus far, we do not feel that we are in any position to argue for or against the concept as we have so little factual information and have had so little time to study what has been submitted by the Planning Depart- ment and the Planning Commission. A number of years ago (19 68) we had Real Estate Research Corporation of Chicago, Illinois do a highest and best use of our Cedar Lake Road properties, and this report and its contents is available to you upon request. In addition, in the spring of 1972, we had Urban Planning and Design do a study, together with a sketch plan, covering our own lands and the overall area. 'To rom. the information supplied to us thus far by the Planning Dept. and a relatively short period in which to analyze it, we feel that there are many areas that are, not covered: Some of these are; is the new zoning concept legal, per se, under state statute, how will new proposed uses affect population densities and traffic; but more important, and one thing we feel deserves considerable study is the re -writing of the zoning ordinance and the ramifications involved therein. We feel that until the text of the ordinance is drafted that it is most difficult to inject positive input into this concept plan. Obviously from what has been submitted thus far there will be the creation of many non -conforming uses. There is also the question of the creation of new standards that can be uniformly applied. "Vre, as one individual landowner, would like to request that any action on any revisions of the zoning or the zoning ordinance be deferred until there is something more substantive submitted to the council so that the effects of any such proposed action can be evaluated; both in light of the parcels involved and also as to what highest and best use really is for this area. We are willing to undertake additional studies, based on the rather scant information, now available, in the hope that they would objectively contribute .• Council Minutes, March 19, 1973 8. (g) to a wise long range ---- J. and we hope that more specific information would become available to this could obtain this so that we could inject constructive input vast undertaking. "Unless you, as the elected officials have considerable more knowledge than we have received thus far, we would hope that you would defer en larified. an action until some of the things mentioned above have wiled a and y Please rest assured that we will contribute whatever opposition input we can, and this statement in no way reflects or refusal to consider any possible concrete proposals. "We thank you for your time and your consideration to our requestsstud ��'Pa do feel that the idea of establishing a committee to further merits this area, as recommended by the Planning Commson h from such but we feel that any action should be deferred so thatinput a committee, should it be formed, could be evaluated. " After discussion, Councilman Griak moved to amend the Comproerhensive Flan, adopting Alternative 3, and have all owners notified to w k on this plan, forming a committee as recommended by the Planning Commission. The motion was seconded by Councilman Graves but after further discussion, Councilman Griak withdrew her motion. It was moved by Councilman Hanks, seconded by Councilman Fleetham, to instruct Planning Director to follow through with Alternative 3, bringing text in not to exceed 90 days and extending the moratorium on the land, excluding property of Nolan. The motion carried 4 - 1, Councilman Griak voting nay (Councilman Graves was not present). 9. UNFINISHED BUSINESS (a) NATIONAL LEAGUE OF CITIES DUES (DEFERRED FROM MARCH 5, 1973) No action was taken on this matter, (b) REPORT RELATIVE TO BUS ROUTES FROM MTC (DEFERRED FROIvi MARCH 52 1973) It was moved by Councilman Graves, seconded by Councilman Griak, to defer to March 26, 1973. The motion carried 6 - 0. (c) 1V1C CARTHY'S RESTAURANT LICENSE (DEFERRED FROM NJARCF'• 5, 1973) 70 Council Minutes, March 19, 1973 9. (c) The City Manager explained that he had been in contact with the attorney for the restaurant and had received communication that they had agreed to execute binding contracts within thirty days with work to be done as promptly as possible --within six months. It was moved by Councilman Craves, seconded by Councilman Fleetham, that a conditional license be issued, with all work to be completed by September 1, 1973. The motion carried 6 - 0. (d) RECOMMANDA,TION FROM! PLANNING COMMISSION TO AlV::END SECTION 6;111.3 OF THE ZONING ORDINANCE RELATING TO MCTOR SERVICE STATIONS It was moved by Councilman to set hearing April 2, 19730 Graves was not present). Criak, seconded by Councilman Fleetham, The motion carried 5 - 0 (Councilman (e) INTERS: CTION OF JOPPA AND INCLEWOOD AVENUES OF MINNET ONKA BOULEVARD (TRAFFIC STUDY #65) The City Engineer gave background of the study as made by the County and the City and recommended Inglewood Avenue as the proper place for the signal since it carries a greater amount of traffic that continues further north and that more pedestrians would benefit. Mr. Arthur Ingersoll, 2815 Joppa Avenue, Director of Community Education at Fern Hill; Mrs. Lillian Cohen 4301 Minnetonka Boulevard; Mrs. D. Abrahamson, 2845 Inglewood Avenue; and lairs. TeGantvoort, 3020 Monterey Avenue, spoke in favor of placing the signal at J oppa Avenue for the safety of the elderly and school children in crossing. Mrs. TeGantvoort also expressed concern for children crossing Sunset Boulevard. After discus sion, it was moved by Councilman Hanks, seconded by Councilman Graves, to defer the matter to April 2, 1973. The motion carried 6 - 0. OR NO. 4777 It was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4777 entitled, "Resolution Urging School Board of Independent School District 283 to Provide Busing for Certain Pupils. " The motion carried 6 - 0. �f) OPENING OF DIVISION S'T'REET (TABLED JANUARY 29, 1973) The matter was not removed from the table. 71 Council N'Linutes, Iviarch 19, 1973 9. UNFINISHED BUSINESS (g) CEDAR LAKE ROAD - BUILDING: PERMIT MORATORIUM Mr. Charles Nolan urged Council not to continue the moratorium on the property since his firm is anxious to build Yhelr c0lce and storage building of about 70, 000 square feet. It was moved by Councilman Graves, seconded by Councilman Griak, to defer to March 26, 1973 to give Council an opportunity to view the building of the same type in Burnsville. The motion carried 6 - 0. (h) TEXA-T ONKA BARRICADE FEBRUARY 53, 1973) (.REQUESTED BY COUNCIL Because Councilman 1 -seltzer was not present there was no action on this matter. 10. NEW BUSINESS (a) APPROVAL OF SCRIPT (SLIDE PRESENTATION) AND EXPENDITURE - HUMAN RICEITS CONiMISSICN It was moved by Councilman Hanks, seconded by Councilman Thiel, to approve and authorize payment. The motion carried 4 - 0, Councilman Graves being out of the chambers and Councilman Fleetham abstaining, (b) APPOINTMENTS TO BOARDS/COIvLJViISSIONS No action was taken on this matter. (b) FIRE VEHICLE The City Ivianager advised the Council that the fire "attack" vehicle approved in the budget contemplated utilizing an existing truck chassis and equilpingit with necessary firefighting equipment. In pricing the units, it was found that the chassis proposed to be utilized was not of sufficient size to handle the firefighting equipment (truck and body) and in need of costly repairs. It was the recommendation that the Council allow the purchase of a new chassis and body unit for a cost of not to exceed $8, 000, or $4, 325 over the budgeted amount. The additional cost of this 72 Council Minutes, March 19, 1973 10. (b) unit would be made up by appropriation from the balance saved in the purchase of the fire pumper equipment. Upon motion of Councilman Griak, seconded by Councilman Hanks, the purchase and expenditure were authorized. The motion carried 5 - 0 (Councilman Graves was not present). (c) KRSI BUILDINC - RL;QUEST OF STAN THOMAS The City Manager explained that the builder was remodeling and requested permission to finish a mansard roof on the side of the building that would extend over city right-of-way. Councilman Thiel moved approval of the request with attorney writing a hold harmless agreement. There was no second to th,9 motion since Councilmen requested time to personally view the site. (d) CONVENTION - LEAGUE OF MINN. MUNICIPALITIES - ALEXANDRIA, MILAN, - JUNE 1973 It was moved by Councilman Fleetham, seconded by Councilman Thiel, to approve attendance and payment of registrations for the convention. The motion carried 5 - 0 (Councilman Graves not present). 11, MdSCELLA NE OUS (a) DAMAGE CLAIM - Kenneth 1. Sundberg, 1998 E. Minnehaha It was moved by Councilman Hanks, seconded by Councilman Thiel, to file claim with the City Clerk for proper action by the City Manager and City Attorney, The motion carried 5 - 0 (Councilman Graves was not present). 129 CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Hanks, seconded by Councilman Thiel, the lists of verified claims prepared by the Director of Finance and presented to the Council dated March 19, 1973 in the total amounts of $5, 051, 83 for payroll, and $75, 974. 63 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a five yea vote (Councilman Graves was not present). 13. ADJOURNMENT On motion of Councilman Thiel, seconded by Councilman Hanks, the meeting was adjourned at 1:00 a.m. by a fiver�rea;O.vote, Attest; Alice M• Carlson, Secretary 73 Frank J. cci, Mayor