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Home My WebLink About1973/08/20 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 20, 1973 16 CALL TO ORDER A regular meeting of theCity Council was called to order Pucci at 8:03 p. m. by Mayor 2, INVOCATION There being no one present from the Ministerial Association, there was no invocation. 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, Acting Director of Public Works, and Secretary. Councilman Heltzer arrived at 8:40 p.m. 4. MINUTES On motion of Councilman Thiel, seconded by Councilman Graves, the minutes of the regular meeting held August 6, 1973, were approved by a six yea vote. 5• PUBLIC HEARINGS r (a) CONSIDERATION OF GRANT OF AN ELECTRIC UTILITY SERVICE FRANCHISE AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 19 AND JULY 26, 1973. Mayor Pucci opened the hearing. The City Manager explained that it is proposed that St. Louis Park Join the Metropolitan Rate Authority for regulating electric utility service. Mr. David Kennedy, representing Northern States Power Company 225 Council IYiinutes, August 201 1973 5. (a) was present to answer questions. There being no one present wishing to speak, Mayor Pucci ' closed the hearing, subject to any subsequent motions that it be continued. It was moved by Councilman Thiel, seconded by Councilman Griak, to waive first reading of proposed ordinance and set second reading September 4, 1973. The motion carried 6 - 0 (Councilman Heltzer was not present). RESOLUTION NO. 4884 It was moved by Councilman Thiel, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4884 entitled, "Resolution Authorizing Participation in the Metro Rate Authority, Directing the Execution and Delivery of a Joint Powers Agreement; and Designating a Representative of the City as its Member on the Board of the Metro Rate Authority, " with Lyle Hanks as its first director. The motion carried 6 - 0 (Councilman Heltzer was not present). (b) IMPROVEMENT NO. 72-07C, PAVING, CURB AND GUTTER, ON WEST 26TH STREET BETWEEN XENWOOD AVENUE AND WEBSTER AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 9 AND AUGUST 16, 1973. Mayor Pucci opened the hearing. The Acting Director of Public Works described the proposed improve- ment which would complete the network of streets currently being paved in the area. There being no one present wishing to speak, the Mayor declared the hearing closed. RESOLUTION NO, 4885 It was moved by Councilman Fleetham, seconded by Councilman Griak, to waive readingCow and adopt Resolution No. 4885 entitled, "Resolution Ordering Improvement Ordering Preparation of Plans, and Authorizing Advertisement for Bids, or Change Order, Improve- ment No,, 72-07C, Pavin g, Curb, and Gutter." The motion carried 6 - 0 (Councilman Heltzer was not present). 6. PETITIONS, REQUESTS, AND COIVUviUNICATIONS (a) REQUEST OF CITIZENS FOR STOP SIGNS ON HAMPSHIRE AVEUI N 226 I I Council Minutes, August 20, 1973 6. (a) WHERE IT INTERSECTS BOTH WEST31ST AND WEST ST 32ND The City Manager explained that this matter is brought to attention through a petition signed by residents in the nei hb°uncil's and presented by Mr. and Mrs. Michael Butler. g orhood Councilman Heltzer explained that this is part of a continuing problem for which studies are currently being conducted for a long- range solution. g Mr. and Mrs. Michael Butler, 3132 Hampshire Avenue, and Mrs. Ed White, 3141 Hampshire Avenue, spoke in favor of installation of stop signs. RESOLUTION NO, 4886 After discussion, it was moved by Councilman Heltzer, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4886 entitled, "Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersection of Hampshire Avenue and West 31st Street and West 32nd Street. " After further discussion concerning the over-all problem and possible timetable for its solution, Councilman Griak moved to call the question. Councilman Heltzer seconded and the motion was defeated 5 - 2, Councilmen Hanks, Heltzer, Thiel, Fleetham and Mayor Pucci voting nay. Discussion was held concerning the arbitrary placement of stop signs and the possibility of enforcement not being upheld by the courts. Vote on the resolution carri ed 7 - 0. ?. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF ORDINANCE AMENDING ORDINANCE NO, 1197 PROVIDING FOR INSTALLATION AND REGULATION OF CATV SYSTEM ORDINANCE 140. 1235 It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Ordinance No. 1235 entitled, "An Ordinance Amending Ordinance No, 1197, Setting Forth Terms and Conditions for the Installation, Maintenance and Operation of a Broadband Telecommuni- cations Network (BTN) for the Transmission of CATV and Other Services, Electrical Impulses of Television, Radio and Other Intelli- gences, Either Analog or Digital, for Sale to or Use by Inhabitants of the City; Setting Forth Terms and Conditions; Providing for City Regulation; Establishing a Citizens Cable Advisory Committee. " The motion carried 7 - 0. 227 Council Iviinutes. August 20, 1973 ?. (b) SECOND READING OF ORDINANCE GRANTING CABLE TELEVISION AND COMMUNICATIONS SYSTEM FRANCHISE ORD?NANCE NO. 1236 It was moved by Councilman Hanks, seconded by Councilman 36 entitled, Graves, to waive reading and adopt Ordinance No. 12 12 Company of "An Ordinance Granting a Franchise to Warner Successors and Assigns, St. Louis Park, a Minnesota Partnership, Its Su to Construct, Operate, and Maintain in the City of St. Louis Park a Broadband Telecommunications Network for the r Television, Radio CATV and Other Services, Electrical Impulses or and Other Intelligences, Either Analog or Digital, for Sale or Use by Inhabitants of the City of St. Louis Park, Including Necessary Use the Streets, Poles, Pole Lines, Fixtures and Appurtenances#; and to he C t for These Purposes; Alleys, Public Ways and Public Grounds of t y Prescribing Certain Terms and Conditions. " The motion carried ? - 0. Mr. Jerry Polinsky, representing Warner Cable, expressed the gratitude of the company for having received the franchise and assured Council that St. Louis Park would have the very finest cable system anywhere in the country. (c) SECOND READING OF ORDINANCE REGULATING PEDDLERS# SOLICITORS AND TRANSIENT MERCHANTS WITHIN THE C It was moved by Councilman Fleetham, seconded by Councilman Griak, to defer the second reading to September 4, 1973. The motion carried 7- 0. (d) FIRST READING OF ORDINANCE AUTHORIZING SALE OF LAND IN 3100 BLOCK OF PENNSYLVANIA AVENUE It was moved by Councilman Fleetham, seconded by Councilman Thiel, to waive first reading of proposed ordinance and set second reading September 4, 1973. The motion carried 6 - 0 (Councilman Heltzer was not present). (e) FIRST READING OF ORDINANCE AMENDING ORDINANCE REGARDING PUBLIC NUISANCE It was moved by Councilman Griak, seconded by Councilman GraVes$ to waive first reading of proposed ordinance and set second reading September 4, 1973. The motion carried 6 - 0 (Councilman Heltzer was not present). 228 Council Minutes, August 20, 1973 7, (f) FIRST READING OF ORDINANCE AMENDING REQUIREMENT LEGAL AGE It was moved by Councilman Griak, seconded by Council to waive first reading 01 proposed ordinance and set man Thiel, September 4, 1973, The motion carried 6 _ second reading was not present). 0 (Councilman Heltzer (g) RESOLUTION CALLING PRIMARY ELECTION -1973SEPTEMBER 18, RESOLUTION NO, 4887 It was moved by Councilman Thiel, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4887 entitled, "Resolution Calling Primary Election September 18, 1973. " The motion carried 6 - 0 (Councilman Heltzer was not present). (h) RESOLUTION AUTHORIZING PLACEMENT OF SIGNS PROHIBITING PARKING ON EAST SIDE OF NATCHEZ, 1600 BLOCK RESOLUTION NO, 4888 It was moved by Councilman Fleetham, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 4888 entitled, "Resolution Authorizing Placement of Traffic Control Signs Regulating Parking. " The motion carried 6 - 0 (Councilman Heltzer was not present). 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT RELATIVE TO HAZARDOUS BUILDINGS (M&C NO. 73-37) 1345 COLORADO AVENUE, 3918 WEST 31ST STREET, 2745 HUNTINGTON AVENUE, 4230 VERNON AVENUE, AND 2717 BLACKSTONE AVENUE, RESOLUTION NO. 4889 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4889 entitled, "A Resolution Ordering the Owner of Hazardous Buildings Within the City of St. Louis Park to Correct the Hazardous Conditions. it (1345 Colorado Avenue) The motion carried 7 - 0. RESOLUTION NO. 4890 It was moved by Councilman Fleetham, seconded by Councilman 229 Council Minutes, August 20, 1973 4890 entitled, 8. (a) Graves, to waive reading and adopt Resolution No Buildings ' "A Resolution Ordering the Owner of Hazardous B Cogs'Within t he City of St. Louis Park to Correct the HazardousConditions. � (3918 West 31st Street). The motion carried 7 - 0. RESOLUTION NO. 4891 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4891 entitled, "A Resolution Ordering the Owner of Hazardous Buildings Within the City of St. Louis Park to Correct the Hazardous Conditions, " (2745 Huntington Avenue)* The motion carried 7 - 0. RESOLUTION NO. 4892 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4892 entitled, "A Resolution Ordering the Owner of Hazardous Buildings Within the City of St. Louis Park to Correct the Hazardous Conditions, " (4230 Vernon Avenue). The motion carried 7 - 0. RESOLUTION NO. 4893 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4893 entitled, "A Resolution Ordering the Owner of Hazardous Buildings Within the City of St. Louis Park to Correct the Hazardous Conditions, It (2717 Blackstone Avenue). The motion carried 7 - 0. (b) REPORT OF PLANNING COMMISSION (CASE NO. 73 -30 -SP) RECOMMENDING APPROVAL, WITH CONDITIONS, OF THE RE- QUEST OF DEVELOPMENVIVIANAGEMENT, INC. TO AMEND THE APPROVED SPECIAL PERMIT FOR PARK CENTER BY INCLUDING DETAILED PLANS FOR A 287 -ROOM HOTEL ON LOT 1, BLOCK 12 PARK CENTER RESOLUTION NO, 4894 It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4894 entitled, "Resolution Amending Resolution 4421 Granting Special Permit Under Sections 6:176. 2 and 6:176.4 of the St. Louis Park Zoning Ordinance for Residential Development Unit and Commercial Development Unit, Development Management Inc. and Charles M. Freidheim Go• " The motion carried 7 - 0. 230 Council Minutes, August 20, 1973 g. (c) REPORT OF LAND ACQUISITION to EASEMENT FOR WELL The City Manager explained the proposed acquisition and reactiva- tion of the well to raise the level of Wolfe Lake and possibly installation of a fountain in the lake to recirculate the water and control algae growth. It was moved by Councilman Griak, seconded by Councilman Graves, to authorize replacement of the pump, switching power, lines and piping at an estimated cost of $4, 100. The motion carried 7 . 0. Councilman Hanks moved that staff consult community service organizations that might want to contribute to the fund for the fountain and recirculation system for the lake. Councilman Graves seconded and the motion carried 7 - 0. (d) MINUTES OF ENVIRONMENTAL IMPROVEMENT COMMISSION 1viEETING HELD JULY 25, 1973 There being no objection, the minutes were ordered by the Mayor to received for filing. (e) MINUTES OF PLANNING COMMISSION MEETING HELD AUGUST 1, 1973. There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD AUGUST 8, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 9. UNFINISHED BUSINESS (a) IMPROVEMENT NO. 65-45D, STORM SEWER, HANNAN LAKE (DEFERRED FROM AUGUST 6, 1973). RESOLUTION NO. 4895 It was moved by Councilman Griak, seconded by Councilman Heltzer, to waive reading and adopt Resolution No. 4895 entitled, "Resolution Calling Public Hearing on Improvement No♦ 65.45D Storm Sewer." The motion carried 6 - 1, Councilman Fleetham voting nay. 231 Council Minutes, August 20, 1973 9. (b) APPOINTMENTS TO BOARDS/ COMMISSIONS (DEFERRED FROM AUGUST 6, 1973 )0 It was moved by Councilman Graves, seconded by Councilman Hanks, to defer to September 4, 1973. The motion carried 7 0. (c) TRAFFIC SIGNAL AT JOPPA OR INGLEWOOD AVENUE AND MINNETONKA BOULEVARD (DEFERRED FROM APRIL 2, 1973). The Acting Director of Public Works gave the background for the proposed semaphore explaining that the entire area from France to Lynn was studied and the recommendation is for the signal to be installed at Inglewood avenue and Minnetonka Boulevard. Dr. A. Briskin, 2915 Inglewood Avenue, representing 20 to 30 families in the neighborhood, expressed concern for tithing of the signal for left turns going east on Minnetonka Boulevard at Inglewood Avenue, Councilman Hanks moved that the semaphore be installed at Inglewood Avenue, with the recommendation that no more than three cars be permitted to turn left at Inglewood Avenue and including that France Avenue be permitted more left turn time, Councilman Griak seconded and the motion carried 6 we 1. Council. man Fleetham voting nay because he felt it is not good planning to approve one end of Highway 7 plan without the design from Natchez to Raleigh being included. (d) PARK NURSING HOME (CASE NO. 73 -32 -SP) - REQUEST FOR SPECIAL PERMIT FOR Z&BED ADDITION (DEFERRED FROM JULY 2 AND JULY 16, 1973. The Planning Director described the proposed plan and indicated that the applicant felt any change in design would create inner functional problems. Mr. John Broeker, attorney, and Mr. Ken Steiger, administrator, urged Council's approval of the request for special permit, explain- ing their concern for patient welfare and that the open area is seldom used due to the conditions of the residents. After discussion by Council, Councilman Griak moved to deny and order staff to prepare resolution containing facts for denial• Councilman Fleetham seconded and the motion was defeated 3 - 4• Councilmen Graves, Hanks, Thiel, and Fleetham voting nay. 232 9, (d) Minutes., August 20, 1973 RESOLUTION NO, 4896 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4896 entitled, "Resolution Granting Permit Under Section 6:092.3 o titled, Louis Park Zoning Crdinance for Addition to Nursingf the St. motion carried 4 - 3, Councilmen Griak, Heltzer, and Mayo's The voting nay. Mayor Pucci (e) CITIZENS ADVISORY COMMITTEE TASK FORCE - RECOM- MENDATION OF REORGANIZATION REQUESTED BY COUNCIL JULY 16, 1973. Mr. James Hyde, 2701 Webster Avenue, Chairman of the Citizens Advisory Committee, and Mr. Bill Musolf, 2200 Flag ..venue, Vice Chairman, stated that the Citizens Advisory Committee is in favor of the reorganization. In order to accomplish this, the Committee resigned en masse, permitting the Council to put the task force concept into operation immediately. Council commended the Committee for past contributions and for present action which would permit prompt reorganization. Councilman Hanks moved that staff submit divisions of the city whereby there would be ten neighborhood representatives and the remainder representatives at -large, and that the Chairman of the Committee submit a list of members who would like to serve so they can be placed in either neighborhood or at -large positions? Councilman Thiel seconded and the motion carried 7 - 0. (f) CROSSTOWN BUS RIDERSHIP Councilman Thiel gave a report on ridership explaining that there were few riders on Saturdays, questioning whether Council would like to eliminate such service. After discussion, Councilman Fleetham moved that Saturday bus service be continued. Councilman Graves seconded and the motion carried 7 - 0. 10' NEW BUSINESS (a) REQUEST FOR SIDEWALK REPAIR ON EAST SIDE OF GEORGIA AVENUE BETWEEN WEST 31ST STREET AND WEST 32ND STREET 233 C,ouncil Minutes, August ZU, 1973 10. 11. (a) RESOLUTION NO. 4897 It was moved by Councilman Heltzer, seconded by Councilman g and adopt Resolution No. 4897 entitled, Hanks, to waive readi7 "Resolution Calling Public Hearing on Improvement No. 73-42, Sidewalk Repair. " The motion carried 7 - 0. MISCELLANEOUS (a) DAMAGE CLAIMS 1, Charles Barton, 4382 Wooddale Avenue 2, Paul E. Anderson: 3332 Yosemite Avenue 3. Carol Kanniainen, 6757 Oxford Street 4. Mrs. Carl Hartman, 3030 Boone Avenue 5. Ronald Iverson, 515 Shady Way Road Councilman Griak moved to file claims with City Clerk for proper action by the City Manager and City Attorney. Councilman Heltzer seconded and the motion carried 7 - 0. 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Graves, seconded by Councilman Griak, the lists of verified claims prepared by the Director of Finance and presented to the Council dated August 20, 1973 in the total amounts of $22, 280. 29 for payroll, and $189. 753. 17 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same by a seven yea vote. 13. ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Graves, the meeting was adjourned at 10:32 p.m. by a seven yea vote. Attest: Lt4�z W 0 Alice M. Carlson, Secretary 234 Frank J: cci, Mayor