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HomeMy WebLinkAbout1973/09/04 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL, MEETING ST. LOUIS PARK, MINNESOTA September 4, 1973 CALL TO ORDER A regular meeting of the City Council was called to order b Mayor Pucci at 8:00 p. m. Y Y 2. INVOCATION Invocation was given by the Reverend Milton Lenz of the Aldersgate Methodist Church. 3. ROLL CALL The following Councilmen were present at roll call: Frank Fleetham Rose-lvlary Griak Lyle Hanks James Heltzer Leonard Thiel Fr ank Puc c i Also present were the City Manager, Assistant City Manager, City Attorney Planning Director, Acting Director of Public Works, and Secretary. Councilman Graves arrived at 8:55 p.m. 4• MINUTES On motion of Councilman Griak, seconded by Councilman Fleetham, the minutes of :he regular meeting held August 20, 1973, were approved by a six yea vote. 5. PUBLIC HEARINGS. (a) AMENDMENT TO COMPREHENSIVE PLAN - AREA BOUNDED BY CHICAGO NORTHWESTERN RAILROAD, EXCELSIOR BOULEVARD, FRANCE AVENUE AND HIGHWAY 100 (CONTINUED FROM MAY 14, JUNE 180 AND JULY 30, 1973 - CASE NO. 72 -49 -CP). (b) PROPOSED REZONING OF PROPERTY LOCATED APPROXIMATELY 130 FEET NORTH OF RANDALL AVENUE FROM FRANCE AVENUE TC' APPROXIMATELY 1, 333 FEET WEST OF FRANCE AVENUE FROM I'1 INDUSTRIAL TO R-4 MULTIPLE FAMILY (CONTINUED FROM 14AY 14, JUNE 18 AND JULY 30, 1973 - CASE NO. 72-34-Z). 235 Council Minutes, September 4, 1973 Planning Director explained the proposed an to the 5. (a) The Plan g comprehensive lan for the Bass Lake area and its relationship to (b) P the zoning change* Mayor asked that the zoning matter be heard prior to the amend. The y ments to the comprehensive plane speaking in behalf of the Minikanda ation Nancy Rose, 3402 Huntington Avenue, ,p to staff and council for their Oaks Association, expressed appreci assistance and cooperation. She spoke in opposition to the proposed She felt that h change to the comprehensive plan and the rezoningconducive to long g density would be detrimental since the area is not g term tenancy. She presented a petition with 67 signatures indicating opposition to the change. Mrs. Barbara Lukermann, 2211 Folwell Street, St., Paul, Vice President of Midwest Planning & Research, retained by the IVlinilcanda Oaks Association, explained studies she had made relative to the particular qualities of the neighborhood which make it somewhat unique since it is extremely small, very isolated, has limited access, and the site in question is not an attractive site for residential development. She felt it important to maintain the confidence of the neighborhood and that any future land uses should be compatible with the neighborhood. It was suggested that a Residential Development Unit might be a good way to control the land use, but an outright zoning change to R-4 was not recommended. Mr. Walsh, 3328 France Avenue, opposed the zoning change, since he did not want the quality of life to be eroded that presently exists in the neighborhood. Mr. John Wells, 3327 Huntington Avenue, spoke in opposition to the zoning change, wanting to preserve the wildlife habitat and natural beauty of the area. Mr. Tom Tyler, 3333 Huntington, opposing the zoning change, felt the land was needed for recreational activities. Mr. Charles Wheeland, 3321 Huntington Avenue, also opposing the change, stated that any change must be viewed in the overall scheme of things with thought for the future. Mr. Conn Legeros, 4351 Browndale Avenue, spoke as a political candidate. He was declared out of order since he was making a state- ment describing his political platform. Since no one else was present wishing to speak concerning the Tey°rung matter, the Mayor declared this hearing closed. 236 C,0U1)cil Minutes, September 4, 1973 50 �a) After discussion concerning the inaccessibility of the area (b) problems which would be sure to occur Counand traffic Councilmanto deny the zoning change. NHanks moved otion was seconded b Councilman Fleetham and carried 7 - 0. y The Mayor declared a five; -minute recess. Mr. Jim Holmes, representing owners of Al's Liquor Store, favored changing the Comprehensive Plan, as it relates to the liquor store property, to commercial zoning. Ms. Nancy Rose felt the lots owned by Al's Liquor Store should be maintained as a buffer zone. Dr. Harvey Gilberg, 3405 Glenhurst Avenue, favored maintaining the four lots owned by the liquor store as single family. It was moved by Councilman Hanks, seconded by Councilman Griak, to continue the portion of the hearing relative to the property in and around Al's Liquor Store for thirty days. The motion carried 7 - 0. There being no one present wishing to speak, the Mayor declared the hearing closed for the remainder of the Comprehensive Plan amendments under consideration, RESOLUTION NO. 4598 It was moved by Councilman Hanks, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4898 entitled, "Resolution Amending the Comprehensive Municipal Plan of the City of St. Louis ' Park in Accordance with Minnesota Statutes 462.355". The motion carried 7 -90* This resolution contained the following changes: change '.the area generally bounded by the Acme Lumber Company, Bass Lake, France Avenue and the southerly edge of the developed lots along the south side of West 34th Street from high density residential to low density residential; change a portion of Park Center area at the southeast corner of Highway 100 and West 36th Street from industrial land use to high density residential and business; change that portion of Wolfe Park area shown as high density residential to public use; and identify 38th and 39th Street between Monterey and Highway 100, Service Road as a collector street. 237 Council MinuWa, September 4, 1973 5. (c) IMPROVEMENT NO. 73-42, SIDEWALK REPAIR ON EAST SIDE AVENUE FROM WEST 31ST STREET' TO WEST OF GE OR GIA AS DESCRIBED IN NOTICE OF HEARING PUBLISHED 32ND STREET, AUGUST 23 AND AUGUST 30, 19730 Mayor Pucci opened the 'p.earing. Mr. Bruce Garlock, 3121 Georgia Avenue, proposed repair of sidewalks. There being no one else wishing to speak, hearing closed. RESOLUTION NO. 4899 spoke in favor of the the Mayor declared the It was moved by Councilman Heltzer, seconded by Councilman Griak, 4899 entitled, Resolution to waive reading and adopt Resolution No. and Authorizin Ordering Improvement, Ordering Preparation of Plans, g Advertisement for Bids, or Change Order, Improvement No. 73.42, Sidewalk Repair. " The motion carried 7 - 0. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) COMMUNICATION OF RESIGNATION OF MERLE SEGAL FROM M COMUNITY EDUCATION POLICY ADVISORY COIVIMITTE It was moved by Councilman Griak, seconded by Councilman Thiel, that Merle Segal be commended for her work on this committee. The motion carried 7 - 0. (b) COMMUNICATION FROM HERB KLOSSNER OF HENNEPIN COUNTY HIGHWAY DEPARTMENT Councilman Griak moved that Council communicate as follows to Mr. Klossner: "That the city wishes to cooperate with the county to solve the traffic problems in the area of Honeywell -Gamble Center. It should be clear to the county that the City Council does not, as it has stated continuously in the past, wish to approve construction plans from Highway 100 west to Louisiana. Knowing this is council's unanimous feeling which has been reiterated—does the county then wish to refuse to give serious consideration to the solution in the Honeywell -Gamble area? Council does not anticipate any resolution forthcoming to deal with the total construction of Cedar Lake Road. " Motion was seconded by Councilman Heltzer and carried 7 - 0• 7. RESOLUTIONS AND ORDINANCES (a) SECOND READING OF ORDINANCE REGULATING PEDDLERS► 238 Council Minutes. September 4, 1973 ?o (a) SOLICITORS, AND TRANSIENT MERCHANTS WITHIN THE CITY Mr. Donald Widell, 6920 Dakota Trail, Edina, representing Minnesota Association cf Direct Sellers, expressed objection g No Solicitors sign being the authority to prohibit solicittat0 to objected to licensing bec^use he felt it made it impossible for s and housewives, students, etc, to sell part time, He asked that this matter be postponed in order for him to further study this and bring in sample ordinances in effect in other communities. ORDINANCE NO, 1237 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive second reading and adopt Ordinance No. 1237 entitled, "An Ordinance Prohibiting Peddlers, Solicitors, and Transient Merchants from Entering Upon Certain Premises Within the City, Requiring Registration of Such Persons, and Providing a Penalty for the Violation Thereof". The motion carried 7 - 0. (b) SECOND READING OF ORDINANCE AMENDING LEGAL AGE REQUIREMENT ORDINANCE NO, 1238 It was moved by Councilman Hanks, seconded by Councilman Griak, to .waive second reading and adopt Ordinance No. 1238 entitled, "An Ordinance Changing Various Legal Provisions Relating to Age From 21 Years of Age to 18 Years of Age, Granting 18, 19 and 20 -year Olds Powers, Duties, Rights, and Obligations; Redefining the Terms. Minor, Adult, Minority, Majority, and Legal or Full Age; Amending the St. Louis Park Ordinance Code Sections 2:108(a), 2:1307, 2:230(3), 4:7059 4:854 and 4:855; Amending the Introductory Provisions by Adding Subdivisions ". The motion carried 7 - 0. (10 SECOND READING OF ORDINANCE AMENDING ORDINANCE REGARDING PUBLIC NUISANCE ORDINANCE NO, 1239 It was moved by Councilman Graves, seconded by Councilman Griak, to waive second reading and adopt Ordinance No. 1239 entitled, "An Ordinance Providing for the Removal of Snow, Ice and Rubbish from Sidewalks, the Elimination of Weeds from Public and Private Property, the Repair of Sidewalks and the Collection 239 Council Minutes , September 4, 1973 Amending the St. Louis 7. (c) of the Costs as a Special Assessment* and 1:656. " The Park Ordinance Code Sections 1.651, motion carried 7 - 0. d) SECOND READING OF ORDINANCE AUTHORIZING SALE OF LAND IN 3100 BLOCK OF PENNSYLVANIA AVENUE ORDINANCE NO. 1240 It was moved by Councilman Heltzer, seconded by Councilman Griak, to waive second reading and adopt Ordinance No. 1240 entitled, "An Ordinance Amending Ordinance No. 1227 Adopted May 29, 1973 Authorizing Sale by the City of Lot 24 and the South 15 Feet of Lot 25, Block 4, Boulevard Heights Second Addition". The motion carried 7 - 0. (e) SECOND READING OF ORDINANCE GRANTING ELECTRIC UTILITY SERVICE FRANCHISE ORDINANCE NO. 1241 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive second reading and adopt Ordinance No. 1241 entitled, "An Ordinance Granting to Northern States Power Company, a Minnesota Corporation, Its Successors and Assigns, Permission to Construct, Operate, Repair, and Maintain, in the City of St. Louis Park, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Pole Lines, and Fixtures and Appurtenances; for the Furnishing of Electric Energy to the City and Its Inhabitants, and Others, and to Use the Streets, Alleys, and Public Ways of said City for Such Purposes; Prescribing Certain Terms and Conditions Thereof, and Prescribing the Rates to be Charged Therefor". The motion carri ed 7 - 0. (f) RESOLUTION ACCEPTING DEED FROM ERICKSON PETROLEUM CORPORATION RESOLUTION NO, 4900 It was moved by Councilman Hanks, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4900 entitled, "Resolution Accepting Deed from Erickson Petroleu, Corporation". The motion carried 6-1, Councilman Griak voting nay. 240 Council Minutes, September 4, 1973 ?o (g) RESOLUTION SETTING POLLING PLACES AND NAMI JUDGES FOR PRIIViARY ELECTION SEPTEMBER 18 1 G ELECTION 973 RESOLUTION NO, 4901 It was moved by Councilman Fleetha, seconded by Councilman Griak, to waim ve reading and adopt Resolution No. "Resolution Setting Polling Places and NamingElection 1 entitled, for City Primary Election September 18, 19730 11 and that Judges directions be given for adequate signing at polling place, Win Stephens Buick. The motion carried 7 - 0, (h) FIRST READING OF AN ORDINANCE RELATING TO TRAFFIC REGULATION; AMENDING THE ST. LOUIS PARK ORDINANCE CODE, Section 3:100 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive first reading of proposed ordinance and set second reading September 17, 1973. The motion carried 7 - 0. 8. REPORTS OF OFFICERS, BOARDS, AND COIviMITTEES (a) REPORT RELATIVE TO FIRE LANES - WOLFE LAKE APARTMENTS RESOLUTION NO, 4902 It was moved by Councilman Hanks, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4902 entitled, "Resolution Authorizing Placement of Traffic Control Signs Establishing Fire Lanes". The motion carried 7 - 0. (b) REPORT OF PLANNING COMMISSION (CASE NO. 73 -44 -SP) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF DAVID Me FINK. AND HERBERT Ae MA.RGOLIS FOR SPECIAL PERMIT FOR A RESIDENTIAL DEVELOPMENT UNIT UNDER SECTION 6:176.4 TO CONSTRUCT SIX TOVINHOUSE TYPE STRUCTURES ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MINNETONKA BOULEVARD AND MONTEREY IN AN R-3 DISTRICT The Planning Director described the proposed special permit and explained that the Planning Commission was opposed to parking being considered as a joint use with the adjacent office building. Mr. Herbert Margolis, 8421 Vlestmoreland Lane, urged the granting Of the special permit. 241 Council Itilinutes, Sopteanber 42 1973 �.scu ssion concerni g, (b) After dng the alternatives for access and ' Councilman Heltzer moved to authorize, preparation these parking, of resolution granting sp ecial permit with condltarkin . lots be free and clear and not be used for,dualcarried 5 - 2. Councilman Graves seconded and the mori 1 Councilmen Hanks and Fleetham voting Y (c) REPORT OF PLANNING COMMISSION (CASE NO. 73 -47 -SP) RECOMMENDING FAVORABLY UPON THE REQUEST POWE LL'S INC. FOR A SPECIAL PERMIT UNDER SECTION 6:049. S OF THE ZONING ORDINANCE TO FILL LANDTED LOCATED ROAD IN THE I-1 INDUSTRIAL DISTRICTt WEST SIDE OF , TO FILL LOW AREA, CHANGE DRAINAGE PATTERN AND INSTALL PRIVATE ROAD The General Manager of Powell's was present urging the granting of the special permit. He stated that the plan is for warehouse expansion, possibly five years from now. Councilman Heltzer moved that this matter be referred to the Environmental Improvement Commission and the Health Department for their recommendation and advice concerning this proposed fill operation. Councilman Griak seconded and the motion carried 6 - 1, Councilman Thiel voting nay. (d) MONTHLY FINANCIAL REPORT - JULY 1973 There being no discussion, the report was ordered by the Mayor to be received for filing. (e) MINUTES OF PLANNING COMMISSION MEETING HELD AUGUST 15, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING HELD AUGUST 16, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. (g) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD AUGUST 21, 1973 There being no discussion, the minutes were ordered by the Mayor to be received for filing. 242 Cpuncil Minutes, September 4, 1973 9. UNFINISHED BUSINESS (a) APPOINTMENTS TO BOARDS/ COMMISSIONS (DEFERRED FROM AUGUST 20, 1973) It was moved by Councilman Fleetham, seconded by Councilman Heltzer, to appoint Mr. Robert Schwartz to the Board of Zoning Appeals to fill the unexpired term of Mrs. A. W, Lampe (expires 12/31/73). The motion carried unanimously. (b) PROPOSED CHANGE ORDER NO, 2 - ADDITION OF $89 100 AND EXTEND COMPLETION DATE TO OCTOBER 9, 1973 - BURY & CARLSON, INC. - CONTRACT 1011 It was moved by Councilman Fleetham, seconded by Councilman Graves to approve and authorize execution by the City Manager. The motion carried 7 - 0. (c) STREET ALTERNATIVES FOR FRANCE AVENUE AND BELT LINE BOULEVARD Councilman Hanks moved that staff investigate Plan 6 proposed in the Planning Department report dated August 24, 1973. Council- man Graves seconded and the motion carried 7 - 0. Councilman Fleetham moved that the question, "If Belt Line Boulevard connects with 32nd Street does the city need to connect to France Avenue ?" to the Planning Commission. Councilman Hanks seconded and the motion carried 7 - 0. (d) COMMUNITY RELATIONS TASK FORCE Councilman Heltzer moved to approve Alternative 1 as submitted. Councilman Thiel seconded and the motion carried 5 - 1, Councilman Griak voting nay (Councilman Graves was not present). 10. NEW BUSINESS (a) PUBLIC HEARING - IMPROVEMENT NO. 65-45D, S TORM SEWER It was moved by Councilman Thiel, seconded by Coluncilma3n Griak, to postpone public hearing from September to October 1, 1973 since a quorum would not be present September 17, 1973. The motion carried 6 0 (Councilman Graves was not present). 243 Council Minutes, September 4, 1973 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Mitchell Silbert, 3 217 Yukon Avenue 2. Sheldon Weinberg, 2654 Xenwood Avenue It was moved by Councilman Griak,seconded by Councilman Thiel, ro er action by the City to file claims with City Clerk for mo pen carried 7 - 0. Manager and City Attorney. Th (b) COMMUNICATIONS FROM CITY MANAGER 1. Miracle Mile Access - Mr. Dale Sauer, representing Draper and Kramer, property managers, stated he had obtained p Director of ary approval to go along with the plan as presented by thfor the Public Works. Councilman Hanks expressed concern general maintenance of the shopping center. It was moved by Councilman Hanks, seconded by Councilman Heltzer, that the City Manager draw up an agreement containing all points illustrated on the plan and that access not remain open on the west side of the center unless this agreement is signed. The motion carried 6 - 0 (Councilman Graves was not present). 2. Recommendation of 38th Street Committee - Clarence Moe said he did not favor either proposal offered but, faced with a choice, would take the city's solution in preference to the state's. Allen Carlson, 3800 Glenhurst Avenue, gave background of the committee as he recalled it to be. He spoke in favor of the city's proposal as a beginning to the solution of traffic problems in the area. Mr. Larry Redmond, 3818 Glenhurst Avenue, said he did not feel people in the neighborhood have been aware of the work being done by the committee. After further discussion concerning the work of the committee and general citizen participation, Councilman Griak moved to adopt the recommendation and to continue to work with the committee to further solve the problem. Councilman Thiel seconded aad the motion carried 7 - 0. Councilman Heltzer moved that the city supply whatever is necessary for the committee to inform people what has happened and to call a meeting for more citizen information and input. Councilman Thiel seconded and the motion carried 7 - 0. 244 council Minutes, September 4, 1973 110 (b) 3. Scheduling of Assessment Hearings: RESOLUTION NO, 4903 It was moved b!y Councilman Griakseconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4903 entitled, "Resolution Calling Assessment Hearing, Improvement Nos. 66-17]3 and 67-3911. The motion carried 6 - 0 (Councilman Graves was not present). (Hearings were set for September 24). RESOLUTIONONO, 4904 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4904 entitled, "Resolution Calling Assessment Hearing, Improvement No.s 68-03, 72-12, 72-22 and 72-1111. The motion carried 6-0 (Councilman Graves was not for October 1, 1973), present) (Hearing was set RESOLUTION NO, 4905 It was moved by Councilman Griak, seconded by Councilman Fleetham, to waive reading and adopt Resolution No. 4905 entitled, "Resolution Calling Assessment Hearing Improvement No. 62-27". The motion was carried 6-0 (Councilman Graves was not present) (Hearing was set for October 2, 1973). 4. Budget Hearing - Council agreed to hold the first meeting to consider the 1974 City Budget at 6:00 p.m, on September 10, 1973, 12, CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion.of Councilman Heltzers seconded by Councilman Griak, the lists of verified claims prepared by the Director f 73 Finance and presented to the Council dated September' 519. 27 in the total amounts of $16, 886. 31 for payroll and $13 , for vendors were approved, and the City Mara ger, city Clerk, and CityTreasurer were authorized to issue checks covering sameby a six yea vote (Councilman Graves was not pre 245 Council jvjinutes, September 4, =973 CONTRACT PAYMENTS 1, Final Payment - imp. Nos. 72-18 and 72-20, remodeling sanitary sewer lift stations. Contractor, Northern Contracting, Inc. Amount, $4,6740 RESOLUTION NO. 4906 It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4906 entitled, "Resolution Accepting Work on Remodeling Sanitary Sewer Lift Stations, Improve- ment Nos. 72-18 and 72-20. " The motion carried 6 - 0. 2. Final Payment - Imp, No. 73--35, chain link fencing. Contractor, Thomas J. Pollock Construction. Amount, $7, 425. RESOLUTION NC. 4907 •_ It was moved by Councilman Griak, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4907 entitled, "Resolution Accepting Work on Chain Link Fencing Improvement No. 73-35. The motion carried 6 - 0. On motion of Councilman Griak, seconded by Councilman Thiel, the following payments on contract work presented by the City Engineer were approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a six yea vote (Councilman Graves was not present). 3. Partial Payment No. 5, construction of park shelters. Contractor, Nystrom Constructors, Inc„ Amount, $17, 265. 96. 4. Partial Payment No. 1 - Imp. No. 73-36, street lighting. Contractor, Egan McKay Electrical Contractors, Inc. Amount, $22,016,70* 5. Partial Payment No. 4 - Imp. No. 72-14, storm sewer. Contractor, Lametti & Sons, Inc. Amount, $94, 543. 51, 6. Partial Payment No. 2 - Imp. Nos. 72_07, 72_03, 7345, and 73-12, paving, curb and gutter, sidewalk and miscellaneous utilities, sign and lighting relocations. Contractor, Riegger Roadways, Inc. Amount, $27, 434. 86. 7• Partial Payment No. 2, Irnp, Nos, 72-13 72-35 73-03, 73..18, 73-20 and 73-25, paving, curb and gutter and sidewalk repair and miscellaneous utiliti $33, 5449.15o Bury es. Contractor B & Carlson m Inc. Amount' 0 246 Go ,c0 Minutes, September 4, 1973 1Z•�b) 8. Partial Payment No. ?3-28, 73-33, and 73-34, main. Contractor, Cris 'P gyp. Nos. 65- 45A, 73-07, 73-10, 73-150 storm sewers sanitary sewer, and water Construction Co. Amount, $49,440, 05. 9. Partial Payment No. 2 - and miscellaneous utilities. Amount, $6o, 558, 5 7. gyp' No. 73-069 paving, curb and gutter, Contractor, H. J. A. Construction, 10, Partial Payment No. 3 - Imp. No. 72-40A, deep well #16 and appurtenant work. Contractor, Tri-State Drilling & Equipment Co. Amount, $13, 305e 60. 13, ADJOURNMENT On motion of Councilman Heltzer, seconded by Councilman Thiel, the meeting was adjourned at 12;10 a.m. by a six yea vote. Attest: Alice M. Carlson, Secretary 247 Frank J.`�, Mayor