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HomeMy WebLinkAbout1973/07/30 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 30, 1973 1. CALL TO ORDER City Council was called to order by Mayor A regular meeting of the Pucci at 8;00 p.m. Z. (a) INVOCATION Invocation was given by the Reverend Milton Lenz of the Aldersgate Methodist Church. (b) PRESENTATION OF AWARDS A plaque of appreciation was presented to Mr. James Samples for his service on the human Rights Commission. Not present to receive their awards were Mrs. Phyllis V.'atson for her service on the Housing and Redevelopment Authority, and Mr. Charles Lewis for his service on the Human Rights Commission. Minnesota Benefits Association scholarship awards were presented by the Mayor to Lee Ann Landstrom and Michelle Mary Racette. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Rose -Mary Griak James Heltze r Leonard Thiel Frank Pucci Also present were the City Manager, Assistant City Manager, City Attorney' Planning Director, Acting Director of Public Works, and Secretary. Councilman Richard Graves arrived at 8:04 p.m. and Councilman Hanka at 8;32 p.m. 4. MINUTES On motion of Councilman Griak, seconded by Councilman Fleethamp the minutes of the regular meeting held July 16, 1973, were approved by a five yea vote with the following changes* Page 203, Item 9(b)t third paragraph, to read "...to hold open any vacancy on the Citizens Advisory Committee until consideration of reogranization is complete. if Page 204, •i � 206 Ancil Minutes, July 30, 1973 4o Item 11 (b). to read g ... to authorize the City Manager to ne otia architect for plans for use of site oY f old COMmunit center. g to with 50 PUBLIC HEARINGS (a) ARLE NDME NT TO C OMPREHE NSI VE PLAN - AREA BOUNDED BY CHICAGO NORTHWESTERN RAILROAD, EXCELS IOR FRANCE AVENUE AND HIGFIWA,Y 100 (CONTINUED F`BO ROM NAY MIRY �144 AND JUNE 188 1973). It was moved by Councilman Thiel, seconded by Councilman Fleetham, to continue to September 4, 1973. The motion carried 6 - 0 (Councilman Hanks was not present). (b) PROPOSED REZONING OF PROPERTY LOCATED APPROXIMATELY 130 FEET NORTH OF RANDALL AVENUE FROM FRANCE AVENUI TO APPROXIMATELY 1, 333 FEET WEST OF FRANCE AVENUE FROM I-1 INDUSTRIAL DISTRICT TO R-4 MULTIPLL. FAMILY DISTRICT (CONTINUED FROlVi 1kIAY 14 AND JUNE 18, 1973), It was moved by Councilman Thiel, seconded by Councilman Fleetham, to continue to September 4, 1973, The motion carried 6 - 0 (Councilman Hanks was not present). (C } CONSIDERATION OF GRANT OF A CABLE TELEVISION AND COMMUNICATIONS SYSTEM. FRANCHISE PURSUANT TO ST. LOUIS PARK ORDINANCE NO. 1197 (CONTINUED FROM JUNE 119 JUNE 259 AND JULY 16, 1973). Nir. Harold Haskovitz, 8143 Westwood Hills Drive, dealer in television sales and service and president of Electronic Dealers Association, said it was his understanding that the ordinance Provides that the franchisee may not engage in television sales and service in this area. He felt this to be important and urged that Council be sure that this provision is included in the final ordinance. The City Attorney enumerated the significant proposed changes to date in the CATV ordinance. During its review, the Council raised questions concerning the following items security for Performance: Delays in Performance. Councilman Heltzer stated that he did not feel that a $500 a day penalty was sufficient, and that, excluding acts of God and strikes, the City Should negotiate for a penalty clause of $1, 000 per day. Viability Insurance and Indemnification: Councilman Thiel lncl� er d as to whether a $100. 000 liability was sufficient and 207 4C ,*;=CU Minutes, July 30, 1973 • was requested to rev1eW thus matter with the S. (c) The City Attorney clarify it in the revised draft to ensure at the consultant .and c y locations for other necessary permits, applica0OA - to the FCC and app • authorization must be made within 30 days of the grantins licenses and au a p.m.) • se. Councilman Graves left the meeting t 0.30 of the franehi t • Standards* Councilman Heltzer asked who determines if Operational Stands host images. " The City Manager a ,picture is "reasonably free from g e that there are various test standards to measure this and that stat d Councilman an expert can be called in to make a determinsasOmE a of guarantee Heltzer inquired as to whether or not there i � The a that CATV signals will not interfere with other signal City Marra er indicated that the specifications should prevent this, as well g as FCC requirements. U radon of Standards : Councilman Hanks commented on the seannta nce that requires the franchisee to upgrade its facilities, •gtutment, service as subscribers' demands dictate so that its network is as advanced as the current state of technology which field proven equip- ment will allow, and stated that this may be a very difficult requirement to enforce. Councilman Fleetham stated that if the franchisee fail• keep up with the "state of the art" this would be grounds for not per- mitting future rate increases. The City Attorney commented that this could also be a reason to call a hearing for considering reVOCatioA of franchise. Technical Standards: Councilman Hanks stated that he would be interested in knowing the difference in costs for a 4 -hub system versus a 5 -hub system. Councilman Heltzer stated that he feels the City should negotiate for more hubs. Councilmen Griak and Fleetham indicated that four hubs seemed appropriate to meet the current City needs. Services to be Provided by the Franchisee: Councilman Heltzer stated that he felt the CATV franchisee should provide professional and technical assistance to the public for production and presentations+ Mayor Pucci requested that paragraph 2 be reworded to clarify the necessity for provision of this professional and technical assistaaC% Educational and Governmental Use Channels Councilman Heltser asked if the School Board was satisfied with being allotted two chs The City Manager stated that the School District can have made available to it as many channels as it can use and justify - available the schools will be required to provide equipment for their use. Local Origination Programming,� Councilman Heltzer inquired se to whether or not the Citizens Cable Advisory Committee will be able to directly advise the franchisee or whether or not any recce. 209 C.Mcil Minutes., July 30, 1973 requested the ,attorney to check as to whether or not the City was insured while the CATV System was under Construction, Fees and Rates *& Mrs, Griak requested clarification of the terms "fair, reasonable and non-discriminatory. " The Cit Attorneystated that since the Council must pass on the rate structure, the Council could declare that the rates were not fair, reasonable or non -disc riminato ry. The franchisee would then have the opportunity for judicial review. Cablecas Rates for Educational and Governmental Users: Councilman Heltzer inquired as to whether or not there was a conflict in the obligation of the franchisee to provide free use of cable channels for educational and governmental users, while still being permitted to charge an amount not to exceed their actual costae The City Manager stated that the franchisee can charge its actual costs when its equipment and personnel are being utilized; no costs will be charged governmental and educational users if they produce their own shows, using their own personnel and equipment. Per -Program or Per -Channel Charges: Councilman Heltzer asked whether the wording in this section, requiring the franchisee to annually prepare and submit to the City for approval a schedule of programs and charges proposed for per -program or per -channel subscription usage, would give the City the power to delete unacceptable material and pass judgment on the quality of the programs. Councilman Graves and Councilman Hanks both stated that they did not want the City to have the right to censor programs and felt that if this section gave the City that right it should be removed, The City Manager will clarify this item with the consultant. System Installation Schedule: The Council discussed the 90 -day period assigned in which construction must begin following obtaining the necessary permits, licenses and authorizations. The City Manager stated that negotiation of pole easements, weather, availability of materials, etc. would affect the construction schedule, and it was felt that 90 days is a reasonable period of time. Councilman Hanks moved to change the time within which construction must begin after obtaining the necessary permits, licenses and authorizations from 90 days to 45 days. Councilman Heltzer seconded the motion which carried 7 - 0. Councilman Griak inquired as to approximately how long it would be between granting of the franchise and the actual activation of the timated that time to be approxi - CATV system. The City Manager esmately two years before hook-up of the entire City would be complete. Mayor Pucci inquired as to whether or not FCC approval was covered. 208 Council Minutes, July 301 1973 5. (c) mendations must be made to the franchisee through the City Council. The City Manager stated that this it is coverede in the ordinance where the Citizens Cable Advisory Comxni t e is established as an advisory committee to the City, appointed by the City Council. He also suggested that this committee be - established in the same manner as other City boards/commissions. Inter -Connection: The Council asked the City Attorney and the City Manager to discuss this paragraph more thoroughly with the CATV consultant. Additional Services: Councilman Heltzer asked if it would be legal for the City to require that the franchisee provide free time for local political candidates. The City Manager stated that five minutes are available under the public access channel for any person; however, he will check this matter more thoroughly with the consultant and discuss it with the Company. The granting franchising document was outlined for the City Council by the City Attorney. Mayor Pucci questioned who will determine where the $10, 000 for local programming efforts will be spent. The City Manager stated that the Citizens Advisory Cable Committee, as established, would advise the City Council on this and other matters. There being no one else present wishing to speak, the Mayor declared the hearing closed. Councilman Fleetham moved to set the first reading of the CATV ordinance and franchise ordinance for August 6, 1973. The motion was seconded by Councilman Griak and carried 6 - 0 (Councilman Graves was not present). 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) REQUEST OF HARRY LERNER FOR PERMIT TO HOOK UP TO CITY WATER SYSTEM It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive first reading of proposed ordinance granting ease- ment for water service and set second reading August 6, 1973. The motion carried 6 - 0 (Councilman Hanks was not present). (b) COMMUNICATION FROM MRS. ELLY PHILLIPS REGARDING TAX VALUATION APPEAL (REQUESTING THE WAIVING OF PENALTIES AND INTEREST) 210 I Council Minutes, July 30, 1973 6. (G) It was moved by Councilman Griak, seconded b Councilman Graves, to authorize preparation of resolution waivin e n and interest. g p nalties After discussion concerning the possibility of settin a rece which might Qncoura e g P dent g property owners to appeal their assessed valuation without being required to pay the penalties and interest Councilman Griak withdrew her moti second. on with the agreement of they Councilman Fleetharn moved that the City Manager be directed to inform Mrs. Phillips that since the case is unprecedented, Council refuses to waive the penalties and interest. Councilman Griak seconded and the motion carried 6 - 1, Mayor Pucci voting nay. Mrs. Elly Phillips, 2636 Monterey Avenue, said the taxes are even higher this year and she felt the penalties and interest should be waived since it was through no fault of hers that it took so long for the case to come before the judge. 7, RESOLUTIONS AND ORDINANCES (a) RESOLUTION APPROVING SECURITIES FOR COLLATERAL _ FIRST NATIONAL BANK OF HOPKINS RESOLUTION NO, 4871 It was moved by Councilman Hanks, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4871 entitled, "Resolution Approving Securities for Collateral from First National Bank of Hopkins, Hopkins, Minnesota. " The motion carried 6 - 0 (Council. man' Graves was not present). (b) RESOLUTION AUTHORIZING AGREEMENT WITH MTC FOR BUS SHELTERS RESOLUTION NO. 4872 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4872 entitled, "Resolution Authorizing Agreement with Twin Cities Metropolitan Transit Commission Relative to Passenger Waiting Shelters." The Motion carried 6 - 0 (Councilman Graves was not present). (') RESOLUTION OF COMMENDATION - SCHOLARSHIP AWARDS 211 Council Minutes , July 3 0 : 1973 RESOLUTION NO. 4873 Councilman Griak, seconded by Councilman Hanks, It was moved by Cour 4873 entitled, Resolu- to waive reading and adopt Resolution Nrried b - 0 The (Councilman Th motion on ca tion of Commendation. " Commendation was for scholarship Graves was not present) awards to Michelle Racette ane. Lee Ann Landstrom. (d) RESOLUTION ACCEPTING WORK FOR SUBDIVISION CONTRACT CONSTRUCTION RESOLUTION NO. 4874 moved b Councilman Heltzer, seconded by Councilman It was Y 4874 entitled, Griak, to waive reading and adopt Resolution o tract Construction "Resolution Accepting Work for Subdivisi CO Councilman Graves Watson's Addition. " The motion carried b was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT OF TRAFFIC STUDY (#?4) - WEST 34TH STREET BRIDGE OVER MINNEHAHA CREEK It was moved by Councilman Griak, seconded by Councilman Hanks# to authorize preparation of resolution installing signs. on West 34th Street on both approaches to the Minnehaha Creek Bridge Caution Narrow Bridge Ahead. " Mr. Allen Oleisky, 8905 West 34th Street, urged that stop signs be placed on West 34th Street at the bridge. Crkkuncilman Heltzer moved to amend the motion to include stop signs on West 34th Street at both approaches of this bridge. Motion was seconded by Councilman Graves. After discussion concerning enforcement of stop signs judged by the court to be placed arbitrarily, Councilman Heltzer withdrew his amendment and moved to amend the motion to include stop signs on Decatur at West 34th Street. Co man Graves seconded and the motion carried 5 - 2, Councilmen Fleetham and Griak voting nay. Vote on the original motion carried 7 - 0. (b) REPORT RELATIVE TO REDESIGNATION OF CSAR 18 ROUTE RESOLUTION NO, 4875 212 4COuncil Minutes, July 30, 1973 8. (b) It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4875 entitled "Resolution Concurring tTwith Redesignation of the Route of CSAR 18 " The motion carried 5 •• 21d Councilman Graves and Mayor Pucci • voting nay. (c) MINUTES OF ENVIRONMENTt-L IMPROVEMENT COMMISSION MEETING HELD JUNE 27; 1973 There being no discussion the minutes were ordered by the Mayor to be received for filing, (d) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD JULY 111 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD JULY 18, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) REPORT OF PLANNING COMMISSION RECOMMENDING STREET ALTERNATIVES FOR FRANCE AVENUE AND BELT LINE BOULEVARD It was moved by Councilman Thiel, seconded by Councilman Graves, to defer this matter to September 4, 1973. The motion carried 7 - 0. 9. UNFINISHED BUSINESS (a) REVIEW OF ORDINANCE NO. 1165 RELATIVE TO PROHIBITING SALE OF CERTAIN NON -RETURNABLE DISPOSABLE CONTAINERS It was moved by Councilman Griak, seconded by Councilman Graves, to defer the matter for thirty days in order for the Environ- mental Improvement Commission to complete a presentation for Council. Mr. Everett Janssen, Acting Chairman, and Mr. Mike Stutzer, member of the Environmental Improvement Commission, were present urging Council to defer the matter. No vote was taken on the motion to defer* Councilman Fleetham moved to repeal the ordinance. Motion was 213 Council Minutes, .July, 304 1973 2 2, Councilman Councilman Thiel and was defeated 3 n Heltzer and 9, (a) seconded by na and Councilme Graves and Mayor Pucci voting Y Hanks abstaining. ti 1 y� 1 til Councilman Fleetham move to enforce the ordinance. The motion failed for lack of a second. ✓r``� ed b Councilman Griak, � second Y It was moved by Councilman Hankd ordinance changing the effective to waive first reading of propose 19740 and set date date of Ordinance No. 1165 to September 1 9 m 1?3. The otion was defeated for second reading August 6, 9 oting nay and 3 _ 3 - 1 , Councilmen Thiel, Fleetham, and Graves v Councilman Heltzer abstaining. Councilman Graves moved to reconsider the previous motion. Councilman Thiel seconded and the motion carried 6 0 tthe Councilman Heltzer abstaining. Vote on the motion to change Councilmen effective date to September 1, 1974 carried 4 - 2 Fleetham and Thiel voting nay and Couaacilman Heltzer abstaining. (b) APPOINTMENTS TO BOARDS/ COMMISSIONS Councilman Graves moved to defer this matter. Councilman Hanks seconded and the motion carried 7 - 0. Councilman Griak nominated Stanley Frederickson for membership on the Citizens Advisory Committee. 10. NEW BUSINESS (a) APPROVAL OF PUBLIC OFFICIAL'S BOND - CITY TREASURER It was moved by Councilman Graves, seconded by Councilman Griak, to approve bond pursuant to Section 11. 14 of the City Charter. The motion carried 7 - 0. (b) BID TABULATION - IMPROVEMENT NOS, 73-06, OXFORD PAVING, AND 73-32, FERN HILL STREET MAINTENANCE RESOLUTION NO, 4876 It was moved by Councilman Fleetham, seconded by Councilman Griak to waive reading and adopt Resolution No. 4876 entitled, "Resolution Accepting Bid for Improvement Nos. 73-06 and 73-32. " The motion carried 7 - 0. Contract was awarded to H. J. A. Construction• (c) PROPOSED CHANGE ORDER NO. 1, CONTRACT NO. 1006 LETIDy WITH TRI-STATE DRILLING CO. - EXTEND DATE OF COME' 214 Coil nuto e, July i 3, 1973 10. (c) TO AUGUST 3, 1973 It was moved by Councilman Hanks seconded by Councilman Griak, to authorize City Manager to execute proposed change order extending the date of completion The motion carried 7 - 0. (d) PROPOSED CHANGE ORDER NO. 1 TO CONTRACT NO. 1017 WITH CRIS CONSTRUCTION Co., - ADD $12, 684,30* It was moved by Councilman Fleetham, seconded by Councilman Graves, to authorize the City Manager to execute the proposed change order adding $12, 684. 30, The motion carried 7 - 0. 11. MISCELLANEOUS (a) I-394 REPORT FROM MRS INGERSOLL Councilman Heltzer commented on the I-394 report submitted by Mrs. Ingersoll. The Council indicated its desire to meet with her to further discuss this matter. (b) PARK CENTER BOULEVARD The City Manager advised the Council that staff has been unable to satisfactorily negotiate an easement for Park Center Boulevard with the St. Louis Park Medical Center.. If the proper easement is not obtained, the roadway must be narrowed at the southern end to 66 feet, He indicated that the property can be purchased for approximately $1. 60 per square foot. Councilman Thiel moved to authorize negotiations for purchase of this land for a price not to exceed $1. 60 per square foot with the funds to be obtained out of the City's general revenue fund. Councilman Graves seconded and the vote was 5 - 2. Mayor. Pucci and Councilman Heltzer voting nay. Councilman Heltzer inquired as to whether or not the City must obtain an easement for the pedestrian bridge to be constructed over Highway 100 at 36th Street. The City Manager stated that the proposed location of the bridge has not been determined by the State. Councilman Heltzer indicated that he could support Councilman Thiel's motion if right-of-way could be obtained for a pedestrian bridge at no cost to the City. (C) GLEASON PROPERTY - VICTORIA LAKE The City Manager advised the Council that a proposal to sell this parcel of land to the City was received. He reviewed the history 215 Council Minutes, July 3 0 s 1973 S requests for zoning changes for 11. (c) of this land and its previouIt was mentioned that the City' multiple family dwellings, s previous ne otiations were unsuccessful when this land was sug- prev g It was noted that a g ested for open space and park development to complete a storm storm sewer easement is currently pending P sewer project in the area. iCouncilman Graves moved to authorize After discusson, negotiations for purchase of the land per the proposal of ne g The motion was seconded by Council. $139 000 and tax abatement. man Heltzer and carried 7 - 0. 12, CLAIMS None APPROPRIATIONSO AND CONTRACT PAYMENTS 13, ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Graves, the meeting was adjourned at 11:55 p.m. by a seven yea vote. Attest: Alice M. Carlson, Secretary 7 216