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Home My WebLink About1973/04/30 - ADMIN - Minutes - City Council - RegularMINUTES ,' CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 30, 1973 1. CALL TO ORDER regular meeting of the a 8:0? p. m. City Council was called to order by Mayor Pucci a Z. INVOCATION Since no one was present from the Ministerial Association, there was no invocation. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Rose-lviary Griak Lyle Hanks Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney, Planning Director,. Acting Director of Public Works, City Assessor, and Secretary. Councilman Graves arrived at 8:25 p.m. , 4. MINUTES and Councilman Heltzer at 8:17 p.m. Councilman Fleetham moved to table minutes until later in the meeting. Councilman Griak seconded and the motion carried 5 - 0. Later in the meeting Councilman Fleetham moved to remove from the table the minutes of April 16 and April 23, 1973, Councilman Thiel seconded and the motion carried '6 - 0 (Councilman Graves was not present). Councilman Fleetham moved to add Councilman Griak to list of those in attendance April 23, 1973 and to delete the last sentence of the third paragraph under the heading "CATV Discuss ion. " Councilman Griak seconded and the motion carried 5 • .0 (Councilman Graves not present and Councilman Heltzer abstaining). Councilman Griak moved approval of the minutes as amended. Councilman Thiel seconded and the motion carried 5 - 0 (Councilman Graves not present and Councilman Heltzer abstaining). 103 Coumcil I✓Ii.ntltcs, Apiil 30; 1,973 5. PUBLIC HEARINGS (a) IMPROVEMENT NO. 72470, PAVING, CURB AND GUTTER, SIDEWALK REPAIR ON BLACKSTONE AVENUE FROIv1 NtINNETONKA BOULEVARD TO 'TEST 29TH STREET, YOSEMITE AVENUE FROM WEST 27TH STREET SOUTH TO THE CUL-DE-SAC; AND XENWOOD AVENUE FROM NEST 26TH STREET TO WEST 28TH STREET, AS LESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 19 AND APRIL 26, 1973 Mayor Pucci opened the hearing. The Acting Director of Public Works described the proposed project and the City Assessor explained the assessment policy. Mr. W. L. Baker, 2809 Yosemite, asked that he be assured that the portion of his lot facing the cul-de-sac would be buildable if subdivided, Mr. London, 2730 Xenwood Avenue; Mr. Rudolph, 2944 Blackstone; Mr. Goslin, 2709 Xenwood Avenue, asked whether driveways and aprons would be removed and replaced. They were told that good aprons would not be removed if they were at the grade level to meet the new pavement. There being no one else wishing to speak, the Mayor declared the hearing closed, RESOLUTION NO, 4802 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4802 entitled, "Resolution Ordering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 72-070, Paving, Curb and Gutter and Sidewalk Repair. 11The motion carried 7 - 0. (b) IMPROVEMENT NO, 73-12, PAVING, CURB AND GUTTER, PARK CENTER BOULEVARD FRONT WEST 36TH STREET TO WEST 39T14 STREET, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRT L 19 AND APRIL 26, 1973 1/1rayor Pucci opened the hearing. r The Acting Director of Public Works described the proposed improVeme*nt#f There being no one wishing to speak, the Mayor declared the hearing closed. 104 Caun,c lviinutes, April 30, 1973 5. (b) Councilman Thiel moved that a cut be constructed so that a left hand turn could be made into the Freidheim Office Building parking lot and, if in the future when, this is developed, increased traffic causes a dangerous condition at 36,a Street, the cut can be filled or some other arrangement made to alleviate the condition, Councilman Hanks seconded and the raotion carried 7 -• 0. RESOLUTION NO. 4803 It was moved by Council:,nan Griak, seconded by Councilman HeltZer, to 4,:#raive readinry and adopt Resolution No. 4803 entitled, "Resolution Ordering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 73-12, Paving, Curb and Gutter. " The motion carried 7 - 0. (c) IMPROVEMENT NO. 73-29, SIDEWALK REPAIR ON EAST SIDE OF DAKOTA AVENUE FROM I't'EST 31ST STREET TO WEST 32ND STREET EXCLUDING 3101 AND 3105 DAKOTA AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 19 AND APRIL 269 1973 Mayor Pucci opened the hearing. Mr. Martin Holm, 3109. Dakota Avenue, explained that he had a portion of his sidewalk replaced about one year ago and would not like to pay for that a second time. The Acting Director of Public Works assured him that sidewalk in good condition will remain. There being no one else \=rishing to speak, the Mayor declared the hearing closed, RE50LUTION NO. 4804 It was moved bir Councilman Fleetham, seconded by Councilman Hanks, to -waive reading and adopt Resolution No. 4804 entitled, "Resolution Crdering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 73-29, Sle'_r:4mr:1k, Repair, it motion carried 7 - 0. (d) IMPROVEMENT NO, 71-17, SIDEWALK ON WEST SIDE OF VERNON AVENUE FROM 128 FEET SOUTH OF 29TH STREET TO MEET THE EXISTING SIDEWALK APPROXIMATELY 100 FEET NORTH OF MINNETONKA BOULEVARD, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED ON APRIL 19 AND APRIL 269 1973 Mayor Pucci opened the hearing. The City Manager and Acting Director of Public Yorks described the 105 Council Minutes, April 30, 1973 5. (d) proposed project, its history and background. It was explained that there is presently no way of assessing this on an area basis. 2918 Vernon Avenue, had questions concerning Mr. Jerry �''allin, location of the retaining wall and was told that it would be installed where required by elevations. Councilman Fleetham suggested that consideration be given to assessing the sidewalk and not the retaining wall. Councilman Griak moved that this point be considered at the time of assessment hearing. Councilman Graves seconded and the motion carried 7 - 0. There being no one else wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO. 4805 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4805 entitled, "Resolution Ordering Improvement, Ordering Preparation of Plans, and Authorizing Advertisement for Bids, Improvement No. 71-17, Sidewalk Construction. " The motion carried 7 - 0. (e) PROPOSED VACATION OF PORTION OF STREET ON DAKOTA AVENUE LYING BETWEEN WEST LAKE STREET AND HAMILTON AVENUE, REQUESTED BY ALLEN E. CHRISTY. AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 19, 1973 Mayor Pucci opened the hearing. Councilman Thiel explained the background of the request for vacation and that when it was previously considered the entire Council was not present, the vote split and there were not sufficient votes to grant the vacation. He further explained that he had requested this be heard again so that there could be another discussion with all Council present Mr. Mitchel Kirshbaum, 548 Roanoke Building, attorney for Allen Christy, described the options for the use of the subject property and it was his contention that vacating the property for use by his client andputting it on the tax rolls was the best use. He indicated that his client agrees to abide by the proposed plan as attached to the ordinance, There being no one else wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Thiel, seconded by Councilman Hanksp to waive first reading of the proposed ordinance and set second 106 Council Minutes, April 30, 1973 5. (e) reading May 14, 1973. The motion carried 7 - 0. {f) APPLICATION OF TOWN TAXI COMPANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATr. EIGHT ADDITIONAL TAXICABS IN THE CITY, AS DESCRIBED IN NOTICE OF HEARING DATED APRIL 19, 1973 Mayor Pucci opened the hearing Mr. Henry Bierbrauer, 'T'own Taxi, Inc., was present to answer questions and urge approval of the request. Councilman Thiel asked how many taxicabs were normally in use in St. Louis Park. Mr. Bierbrauer explained that usually one-third are in use since some are also licensed in other suburbs and some are in for repairs. There being no one else present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Griak, seconded by Councilman Graves, to approve the request for eight additional taxicabs. The motion carried 6 - 1, Councilman Thiel voting nay. (g) PROPOSED ZONING ORDINANCE AMENDMENT. RELATING TO OFF-STREET PARKING REQUIREMENTS, REGULATING SIZE OF PARKING SPACES, SURFACING OF PARKING LOTS, AND COMPLIANCE TO DESIGN AND MAINTENANCE REQUIREMENTS FOR OFF-STREET PARKING AREAS, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED APRIL 19, 1973 Mayor Pucci opened the hearing,. There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Graves, seconded by Councilman Heltzer, to waive first reading of proposed ordinance and set second reading May 14, 1973. The motion carried 7 - 0. 6• PETITIONS, REQUESTS, AND COMMUNICATIONS None 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF ORDINANCE REGULATING PARKING OF 107 Council Minutes, April 30, 1973 7. (a) CERTAIN A N VEHICLES (DEFERRED FROM APRIL 16, 1973) Mayor gave background of the proposed ordinance. Mr. James Hyde, Chairman of the Citizens Advisory Cormnittee, ulations, explaining the concerns were outlined the proposed reg for safety hazards, health hazards and eye appeal. He said aid abusing committee feels the large vehicles in commercial class busing Mr. Hyde the rights of citizens in residential neighborhodthe citizens stated that he had met with Ivir. j'Iells, representing , motor and they agreed that the ordinance should specify to park a ky tted to pin front vehicle up to 22 feet in length would be permi of residences. He also stated that they agreed the vehicles permit. ted in rear yards would be those originally and specifically designed for recreation purposes. Mr. Dick Fuller, 8101 West 34th Street, objected to the ZZ ft. limitation. Mr. and Mrs. Ron Norstrom, 2614 Jersey Avenue, urged adoption of the ordinance since they have the problem of dump trucks being parked in front of their home. Mr. Robert Sackett, 2904 Brunswick Avenue, felt busses converted to recreational use should be permitted to be parked in rear yards. Mr. Jim Hinshaw, 5105 West 28th Street, spoke against the ordinance, since he felt anyone should be able to have any kind of vehicle he chooses to have regardless of the opinion of others as to its beauty. Mr. galph Friskey, 2620 Jersey Avenue, expressed concern of streets being constructed to carry weight of such heavy vehicles for long periods of time. Mir. Don XlcMiillen, 9821 West 16th Street, felt the eyesore vehicle problem could be solved by the "jank car" ordinance. Mr. Ken Hall, 4054 Quail Avenue North, representing the FamilY Motor Coach Association, spoke against the ordinance. Mr. Don Gude, 3310 Glenhurst Avenue, questioned the effect of the ordinance on pick-up campers. The Mayor explained that they would not be affected unless more than ZZ feet long. Mr. N. Goldberg, 8811 Club Road, suggested a "grandfather daus e' fo r the converted busses, Council Minutes, April 30, 1973 7. (a) Mrs. Gary Novicky, 3944 Zarthan Avenue, asked how this would affect visitors from out of town. She was told a special permit could be issued for visitors Mr. Donald Johnson, 3351 Virginia Avenue, expressed concern for persons whose rear yards are not accessible for vehicles. ORDINANCE, NO, 1219 Councilman Fleetham moved that the following be added to Section 3:139.05(c): "provided that vehicles converted for recreational purposes may be parked in a rear yard area, not within five (5) feet of any property line until November 15, 1973, upon which date Section 3:139. 03 shall be become fully applicable to such vehicles. " 'and that Council. waive second reading and adopt Ordinance No. 1219 entitled "An Ordinance Regulating the Parking of Certain Motor Vehicles On or Near Residential Use District ?roperties. " Councilman Thiel seconded and the motion carried 6 - 0, Councilman Heltzer abstaining. (b) RESOLUTION AUTHORIZING INSTALLATION OF STOP SIGNS ON INGLEWOOD AVENUE AT �17EST 28TI: STREET (REQUESTED BY COUNCIL APRIL 16, 1973 ) RESOLUTION NO, 4806 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4806 entitled, "Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersection of Vilest 28th Street and Inglewood Avenue. " The motion carried 6 oo 0 (Councilman Graves was not present). (c) FIRST READING OF PROPOSED ORDINANCE AMENDING SECTION SETTING F ZES FOR APPLICATION FOR NON -INTOXICATING LIQUOR LICENSES It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive first reading of proposed ordinance and set second reading May 14, 1973. The motion carried 6 - 0 (Councilman Graves was not present). (d) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR. PARK PURPOSES ADDITION TO WESTW OOD NATURE CENTER RESOLUTION NO. 4807 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4807 entitled, 109 Council Iviinutes, April 30, 1973 d "Authorizing Taking of Land by Eminent Domain for Park Purposes 7. The motion carried 6 - 0 Addition to Westwood Nature Center. " (Councilman Graves was not present). (e) RESOLUTION AUTHORIZING TAKING LAND BY CONDEMNATION MINNEHAHA CREEK RESOLUTION NO. 4808 It was moved by Councilman Heltzer, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4808 entitled, "Authorizing Taking of Land by Eminent Domain for Park Purposes Addition to Ivlinnehaha Creek Parkway. " The motion carried 6 - 0 (Councilman Graves was not present). (f) RESOLUTION ACCEPTING WORK FOR, SUBDIVISION CONTRACT CONSTRUCTION - WESTWOOD HILLS FIRST ADDITION Councilman Hanks moved to defer this matter to May 14, 1973. Councilman Thiel seconded and the motion carried 6 - 0 (Councilman Graves was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF PLANNING COMMISSION (CASE NO. 73 -12 -SP) WITH RESPECT TO REQUEST OF DRS. MILTON CRENSHAW AND JOEL LOCKETZ FOR A SPECIAL PERM -IT UNDER SECTION 6:122.8 OF THE ZONING ORDINANCE TO OPERATE A VETERINARY CLINIC IN THE B-2 (BUSINESS) DISTRICT ON LOT 2, BLOCK 49 SUBURBAN HOMES ADDITION, COM1v-LONLv KNOWN AS 5809 EXCELSIOR BOULEVARD Drs. Crenshaw and Locketz, 2603 Hennepin Avenue, and their attorney, Mr. Bruce Okney, 2001 Midwest Plaza, were present urging Council to grant the special permit. After discussion concerning the parking, whether the leasing of extra spaces from the Mobil Station would be a desirable solution, and the compatibility of this business with those existing, it was moved by Councilman Heltzer, seconded by Councilman Thiel, to deny the request for special permit. The motion carried 5 - 2, Councilmen Hanks and Fleetham voting nay. (b) REPORT OF PLANNING COMMISSION - BASS LAKE C OMPREHE NTS'VF PLAN It was moved by Councilman Graves, seconded by Councilman HCS' to set hearing May 14, 1973. The motion carried 7 - 0. 110 Council IV.Linutes, April 30, 1973 REPORT OF PLANNING C ONLMISSION (CASEr NO. 72-34- RESPECT TO REQUF-ST OF AC1V;E LUMBER �� WITH THE ZONING FROM I-1 INDUSTRIAL TO COMPANY TO CHANGE FOR PROPERTY LOCATED APPROXIMATER-4, MULTIPLE FAMILY, OF RANDALL AVENU,..,'"' FRO1V± F LY 130 FEET NORTH FRANCE AVENUE TO APPROXI~ MATELY 1, 333 FEET WEST OF FRANCE AVENUE It was moved by Councilman Graves, seconded by Councilman Hanks, to set hearing May 14, 1973. The motion carried 7 - 0. (d) REPORT OF PLANNING COMNlISSION (CASE NO. 73-11-ZA) :: INDUSTRIAL ZONING STUDY It was moved by Councilman Thiel, seconded by Councilman Graves, to authorize and instruct Planning Commission to hold a public hearing. The motion carried 7 - 0. (e) MONTHLY FINANCIAL REPORT - MARCH 1973 There being no discussion, the report was ordered by the Mayor to be received for filing. (f) MI NUTE.S CE' ENVIRONMENTAL IMPROVEMENT COMMISSION MEETING HELD MARCH 28, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) IMPROVEMENT PROJECT REQUESTED BY COUNCIL FINANCING (M&C NO. 73-10) - It was moved by Councilman Graves, seconded by Councilman Griak, to defer discuss ion to May 14, 1973 at 7:00 p.m. The motion carried 7 - 0. (h) MINUTES OF PLANNING COMMISSION MISSION MEE TING HELD APRIL 4, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (1) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING Hi LD APRIL 10, 19?3 There being no discussion, the minutes were ordered by the Mayor to be received for filing* ill Council lviinutes, April 30, 1973 $. MINUTES OF FOUSING AND REEDEV Z.LOPMENT AUTHORITY SPECIAL IVIZETING HELD APRIL 20, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. k PRELIMINARY �,EPORTS OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORTS VTITH RESPECT TO STREET MAINTENANCE PROJECTS: 1. Imp, No. 73-318 Birchwood Area 2. Imp. No. 73-329 North of City Hall tiESOLUTION NO.^ 4809 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4809 entitled, "Resolution Calling Public Hearing on Improvement No. 73-31 Street Maintenance. " The motion carried 7 - 0. RESOLUTION NO. 4810 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4810 entitled, "Resolution Calling Public Hearing on Improvement No. 73-32 Street Maintenance. " The motion carried 7 - 0. {1) PRELIMINARY REPORT OF DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO. 73-06, PAVING, CURB AND GUTTER - OXFORD AND EDGyW OOD RESOLUTION NO, 4811 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4811 entitled, "Resolution Calling Public Hearing on Improvement No. 73-06, Paving, Curb and Gutter. " The motion carried 7 - 0. 9. UNFINISHED BUSINESS (a) REPORT RELATIVE TO BRUNSj`TICK STREET PAVING PROJECT IMPROVEMENT NO, 72-35 RESOLUTION NO, 4812 It'was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4812 entitled, "Resolution Calling Public Hearing on Improvement No. 72-35 112 Council Minutes, April 30, 1973 9, (a) Paving, Curb and Gutter carried 7 - 0. and Sidewalk Repair. " The motion (b) CHARTER AMENDMENTS (DRAFTS OF ORDINANCES REQUESTED BY COUNCIL APRIL 16, 1973) It was moved by Councilman Hanks, seconded by Councilman Graves, to set hearing May 21, 1973, The motion carried 7 - 0. (c) APPOINTMENTS TO BOARDS/COMMISSIONS It was moved by Councilman Fleetham, seconded by Councilman Hanks to confirm appointment of Mr. Thomas Williams to the Housing and Redevelopment Authority to fill the unexpired term of Firs. Phyllis Watson. The motion carried 6 - 1, Councilman Thiel voting nay because the vacancy should be filled by someone qualified in investments and/or banking. The following suggestions were made for consideration of appointments on May 14, 1973: Charles Houdek and Jon Croth for the Citizens Advisory Committee; Larry Leventhal and Steven Schactman for the Human Rights Commission; and Hillary Freeman, Tom Thomas, and Fred Mason for the Environmental Improvement Commission, (d) PROPOSED AME NDNiE NT TO ZONING ORDINA NCE R.T'GULA TING FENCES AND RELATED STRUCTURES (RECONIMENDED BY PLANNING COMMISSION - ORDINANCE REQUESTED BY COUNCIL APRIL 16, 1973 ) It was moved by Councilman Fleetham, seconded by Councilman Hanks, to set hearing May 21, 1973. The motion carried 7 - 0. 10• NES," BUSINESS (a) TABULA TION OF BIDS - DEMOLITION OF BUILDING It was moved by Councilman Fleetham, seconded by Councilman Griak, to designate Minnesota Lumber & 17 recking as lowest responsible bidder in the sum of $3, 225. 00 and accept bid for demolition of Old Community Center Building at 6212 West Lake Street. The motion carried 7 - 0. (b) TABULA TION OF BIDS - TRACTOR WITH M017ER It was moved by Councilman Craves, seconded by Councilman Thiel, to designate Midway Tractor & Lquipment Co. as lowest responsi- ble bidder and accept bid in sum of $8, 331. 76. The motion 113 Council Minutes, April 30, 10. (b) carried 7 - 0. 11. 12. 13. �7 1973 c) ACCLPTANCE OF EASE, HENT - STORIv, SEV,T,ER ( - T. J. ARNESON Councilman Graves moved to accept deed and order filed for record, Councilman Griak seconded and the motion carried 7 - 0. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Miriam Lee Volk, 4625 Vilest 28th Street 2. Robert J. Brooks, 3913 Zarthan Avenue It was moved by Councilman Craves, seconded by Councilman Heltzer, to file claims with City Clerk for proper action by the City Manager and City Pttorneye The motion carried 7 - 0. (b) COMMUNICATIONS FROM CITY MANAGER 1. The City Manager explained the problem of transporting persons arrested for DVII to the Hennepin County jail immediately upon their arrest since it often left the city without sufficient protection while the officers are transporting these persons. It was moved by Councilman Heltzer, seconded by Councilman Griak, that Council support legislation permitting the City to retain these individuals in suitable quarters. The motion carried 7 - 0. 2. Councilman Hanks moved to set date for CATV franchise hearing as early as possible meeting all requirements of charter. Councilman Graves seconded and the motion carried 7 - 0. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS None ADJOURNMENT On motion of Councilman Graves, seconded by Councilman Thiel, the meeting was adjourned at 11:10 p.m., seven ,20ea'v�P t: Alice Me Carlson, Secretary — 114 Frank J. ayor