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Home My WebLink About1974/01/07 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARJ.�, MINNESOTA January'?, 1974 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Pucci at 8:02 p.m. 2. INVOCATION Invocation was given by The Reverend Milton Lentz, President of t',)e St. Louis Park Ministerial Association, 3. ROLL CALL The following Councilmen were present at roll call: Frank Fieetham Richard Graver. Rose -Mar-* Griak Tyle Hanks James Hel.tzer Leonard Thiel Fr,%nk Pucci Also present were the City Manager, Assistant City Manager, Cit,T Attorney. Planning Director, Director of Public Works, CA -f Assessor, City Clerk, and Secretary, 4. COUNCIL BUSINESS - 1973 (a) 1. Verified Claims On rnotion of Council-nan Hanks, seconded by Councilman Graves, the lists of verified claims prepared by the Director of Finance ane. presente--' to the Council dated ,j anuary 7, 1.974 in the total amounts of $7, 385.91 for payroll, and $333, 068, 07 for vendors were approved; and the City Manage:�!. City Clerk, and City Treasurer -*sere authorized to issue checks covering same by a seven yea vote. 2. Payment to Municipal Band, $1, 000 It was moved by Councilman Graves, seconded by Corncilman Fleetham. to approve and authorize patanent. The motion carried 7 - 0. (b) Contract Payments 1 Council Minutes, January 7, 1974 4. (b) 1. Final Payment, Imp. No. 72-41, Remodeling Pump House #4. Contractor, Magney Construction Company. Amount, $15,396.33. RESOLUTION NO. 4979 It was moved by Councilman Fleetham, seconded by Councilman Graves, to waive reading -and adopt Resolution No. 4979 entitled, "Resolution Accepting Work on Remodeling of Pump House #4, Improvement No. 72-41. " The motion carried 7 - 0. 2. Partial Payment No. G-17, Arena/ Pool. Contractor, Henry O. Mikkelson Co. Amount, $3, 875. 00. 3. Partial Payment No. 2, Imp. No. 72-28, street, water main, and pedestrian bridge. Contractor, Shafer Contracting Co. , Inc. Amount, $48,248.37. 4. Partial Payment No. 6, Imp. Nos. 65-45A, 73-07, 73-10, 73-15, 73-28, 73-33, and 73-34. Contractor, Cris Construction. Amount, $24,251.77. 5. Partial Payment No. 6, Imp. Nos. 72-07, 72-03, 73-05, and 73-12, paving, curb and gutter, sidewalk and miscellaneous utilities, sign and lighting relocations, Contractor, Riegger Roadways, Inc. Amount, $13,322.13. 6. Partial Payment No. 7, Imp. No. 72-14, storm sewer. Contractor. Lametti & Sons, Inc. Amount, $48, 636. 10. On motion of Councilman Fleetham, seconded by Councilman Graves, the above payments on contract work presented by the Director of Public Works were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amounts by a seven yea vote. (c) MONTHLY FINANCIAL REPORT - NOVEMBER 1973 There being no discussion, the report was ordered by the Mayor to be received for filing. (d) REQUEST FOR SPECIAL PERMIT UNDER SECTION 6:122, 11 OF THE ZONING ORDINANCE TO PERMIT A DRIVE-IN RESTAURANT AT 4600 EXCELSIOR BOULEVARD - MICHAEL JENNINGS (CASE NO. 72 -3 -SP). It was moved by Councilman Hanks, seconded by Councilman Griak, to accept request for withdrawal. The motion carried 7 - 0. Council Minutes, January 7, 1974 4. (e) REZONING PROPERTY AT SOUTHWEST CORNER OF FRANCE AVENUE AND EXCELSIOR BOULEVARD FROM B-2 TO RB DISTRICT (TABLED OCTOBER 22, 1962) - (CASE NO. 62-62-Z). It was moved by Councilman Fleetham, seconded by Councilman Thiel, to remove from table. The motion carried 7 - 0. On motion of Councilman Fleetham, seconded by Councilman Thiel, the case was ordered to be filed. The motion carried 7 - 0. (f) INSTALLATION OF NEWLY ELECTED MAYOR AND COUNCILMEN Councilman Heltzer expressed his appreciation to present and past staff and council members for their dedication and spirit of cooperation. He also pointed out matters of concern to him which had been accom- plished during his tenure and those which he hopes to see accomplished in the years ahead, Mayor Pucci also expressed his gratitude for cooperation given to him and his hopes for Council's maintaining citizen involvement in the government of the City. Councilman Griak responded with her appreciation for having worked with both Councilman Heltzer and Mayor Pucci. The City Clerk administered the oath of office to Frank Fleetham, as Mayor, Leonard Thiel, Councilman at Large, Seymour Druskin, First Ward Councilman, and Keith Meland, Third Ward Councilman. Plaques of commendation were presented by Councilman Thiel to retiring Councilman Heltzer recognizing his service from January, 1962 - December, 1973; and by Mayor Fleetham to retiring Mayor Pucci recognizing his service January, 1972 - December, 1973. (g) MINUTES On motion of Councilman Griak, seconded by Councilman Hanks, the minutes of regular meetings held December 17, 1973, were approved by a seven yea vote, Following a brief recess, the meeting was reconvened by Mayor Fleetham. The following Councilmen were present at roll call: Seymour Druskin Richard Graves Rose -Mary Griak Frank Fleetham 91 Lyle Hanks Keith Meland Leonard Thiel Council Minutes, January 7, 1974 COUNCIL BUSINESS - 1974 ELECTION OF PRESIDENT PRO TEM - Councilman Griak nominated Councilman Graves to the office of President Pro Tem. There being no othe_ nominations, the Mayor declared the nominations closed. It was moved by Councilman Griak, seconded by Councilman Ivieland,to elect Councilman Graves as President Pro Tem of the City Council. The motion carried unanimously. 5. PUBLIC HEARINGS (a) 1. ASSESSMENT, IMPROVEMENT NO. 73-29, SIDEWALK AND DRIVEWAY APRONS, EAST SIDE OF DAKOTA AVENUE FROM 31ST STREET TO 32ND STREET Mayor Fleetham opened the hearing. There being no one present wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Griak, seconded by Councilman Hanks, to adopt the assessment. The motion carried 7 - 0. 2. ASSESSMENT, IMPROVEMENT NO. 72-03, MEDIAN DIVIDER, EXCELSIOR BOULEVARD. Mayor Fleetham opened the hearing. There being no one present wishing to speak, the Mayor declared the hearing closed. Councilman. Hanks moved to adopt the assessment; Councilman Graves seconded and the motion carried 7 - 0. 3. ASSESSMENT, IMPROVEMENT NO. 73-42, SIDEWALK AND DRIVEWAY APRONS, EAST SIDE OF GEORGIA AVENUE BETWEEN 31ST STREET AND 32ND STREETS. Mayor Fleetham 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 Hanks, to adopt the assessment The motion carried 7 - 0. KI C.Z.cil Jhki 'Clutmss: Janes--- 7, 11:4 5. (ai 4. A.SStS.SUE.N-T, i3APt30riELCE!t7 .jo, MUNICIPAL PA-RkU G. Lye, :rw jX7rOGC f.YZ.`i'..7Z ZZ3'j:1Llr;K MI.N'E i OP A BOi: IZ VA D ,�, y D 5.:fCE'7 Mayor Flleezhamxr. open th< . Sir. Dodd " �� 42X- 3 .+-�* - s'is11:�Yat':, r..cr of %cc a: 4200 Mi tosriC Eor.:&-ra=j_ 2iAd =6 *C-, L::. Ii►izgst Circle, Co3e,,,-= sp a it the assess 3 �= The City Mange- expa nee- t.rct tine i ,rzsrr trine: :.► j e t` r,�t by bis, Dei^ -d -Maf�-•�-z, tz= be-_ h, z:Xzee_ ao, .� •.�.f •.rte _?''`cis costs and C:.at it waz mecessarr tG ✓3 :e ;r--xk:zq :,7: building expansion desired b► t ie Ovrwr, `ter discussion c--Pnc:erairg the t is -,mss md.At is concerning the buUdiing ozpa--zjc,!2, amw± a ia;s_ agreer:.e MT. Hoff12n, b.d .)O`_ Counc--Iman 11 eel move3 to tabje =ujjl it researching tie matter. O zwes zec� au: t*'..*- saoo,# s carried nn ---n . oe3Sly Later in the mee--ng, Cols fAnlaa s-aWes =.r- tW-6 v, : s�.rrre %r tem from t%e table. . _ i'.aazs sirsMOL} arm toe =000r. carried 7 - 0. M.-. Gar L;affm= nrget Cil : tr, a :ssdtr :towe-ins the 2moumt of the as se s ter. er.L. There being no one else p^ -ere= wishkw*c #W -k, t:.* Ujr the hearing closed. tf're:los:mac crr.�rf--Tari :g :ar_ �iz� required and beneritz to the prr,.e�r_ ✓rnrc�.�-. ?��: rrryr� *c -�fr� the of a.s ses smc-m± t; : %'� . '.i�.�c: .z� 'sLz�►es ane - the e -the modian carried b - 1, C-rx3ci�2rsa Srssx T-Aiug nay, 5.N'T, 1►'a, 73 -Mo, ST kZE : FERN aU LL AREA Mayor - leethaxr. opened :I:& hearing. Mrs. 31chtermar, 2701 Salem Avenue, expUi ,tom: t�.aj sit feit *A21 if 27th Street and Salem Ave rie, had been =;Zartd' a! the stere tb n.. the assessment would have been :e s s . � was ts�:.air�eC u hoz ttf�d. With Council's present policy of perrninirg tkae cizu.* A ptrrarcat paving or street main :aace :.e 9 left to s aayruy ., tse property owne-s, cost of hese two projects w ov,; : nit 1r aYt cc-& geh even, if th-e- had been done simultar4oassly. There being no one else preser.t wi4i =g % speak, U e Mayor declare -- 5 Council Minutes, January 7. 1974 5. (a) 5. the hearing closed. It was moved by Councilman Griak, seconded by Councilman Hanks, to adopt the assessment, The motion carried 7 -0. 6, ASSESSMENT, INIPROYENLENT 140. 73-06, PAVING. CURB, AND GUTTER, OXFORD AND EiDGEWOVD Mayor Fleetham opened the hearing. There being no one present wishing to speak, the Mayor declared t..hr-, hearing closed. It was moved by Councilman Hanks, seconded by Councilman Gravez. to adopt the assessment, The motion carried 7 - 0. RESOLUTION FO. 4980 It was moved by Council*nar_ Hanks, seconded by Councilman Gra*res. to waive reading and adopt Resolution No. 4980 entitled, "Resolution Adopting Assessment Improve --:-gent I10s. 73-30: 72-03, 73-06, 73-29, 73-42, and 73-32, " The motion carried 6 - 1: Councilman Grimm: voting nay, since she objected to the change of amount in Impro-,— nP•,t No. 73-30. (b) APPLICATION FOR NON -INTOXICATING OFF SA, ,E LJOUOR LICENSE - WESTERN STORES DIVISION OF CONTINENTAy CO., AS DESCRIBED IN NOTICE' OF `_'-TEARING PUBLISHED DECEMBER 13 AND 20, ' 973, Mayor Fleetha:n opened the hearing, Mr. Art Solberg, Twin City Business Manager, 1400 Lilac Drive S.. was present to answer questions and urge Council's granting of t'ie license. The City Manager explained that there has been a change in one of the corporate officers which would require an investigation of his replacement. To allow time for this investigation, it was moved bur Graves, seconded by Councilman Thies Councilman to continue the hearing to January 21, 1974. The motion carried 6 - 1, Councilman Ha2kS voting nay. (c) A PROPOSED VACATJON OF PORTION OF STREET AND AILS' COLORADO AVENUE FRONT CAMBRIDGE AVENUE TO VA 39TH STREET AND ADJACENT ALLEY, AS DESCT VAULTED RIBED IN NOTICE 6 Council Minutes, January 7, 1974 5. (c) OF HEARING PUBLISHED DECEMBER 20, 1973. . Mayor Fleetham opened the hearing. k Y P g Mr. William Howard, attorney, Builders Exchange Building, and Mr. John Smith, owner of abutting property, were present to answer questions and urge adoption of the proposed vacation. There being no one else present wishing to speak, the Mayor declared the hearing closed. It was :roved by Councilman Hanks, seconded by Councilman Griak, to waive first reading of proposed ordinance vacating portion of street and set second reading January 21, 1974. 6. PETITIONS, REQUESTS, AND COMMUNICATIONS (a) APPLICATIONS FOIA NON -INTOXICATING MALT LIQUOR LICENSES - RENEWALS FOR 1974: Off Sale: Boulevard Delicatessen, Inc. , 7204 Minnetonka Boulevard; Don's Park Market, 7312 Minnetonka Boulevard; Han Dee Food Centre. 4201 Minnetonka Boulevard; Jennings Liquor (Red Coach), 4608 Excelsior Boulevard; Park Delicatessen, Inc., 4212 West Lake Street; PDQ Food Stores of Minn., Inc., 4611 Excelsior Boulevard; Tom Thumb Superette 103, 8140 Minnetonka Boulevard; Tonka Liquor, 8242 Minnetonka Boulevard; Sol's Superette, 7240 Cedar Lake Road- an, On Sale: The Pizza Hut, 5800 Excelsior Boulevard, It was moved by Councilman Griak, seconded by Councilman Thiel, to grant all licenses listed above except Park Delicatessen which should be deferred until certain violations are corrected. The motion carried 5 - 1 - 1, Councilman Meland voting nay and Councilman Druskin abstaining. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION REQUESTING MAXIMUM ALLOTMENT FOR GENERAL MAINTENANCE ON STATE AID STREET SYSTEM AND REQUESTING THE STATE OF MINNESOTA TO TRANSFER FUNDS PURSUANT TO CHAPTER 443 SESSION LAWS OF MINNESOTA 1965. RESOLUTION NO. 4981 It was moved by Councilman Thiel, seconded by Councilman Graves. to waive reading and adopt Resolution No. 4981 entitled, "Resolution Requesting Maximum Allotment for General Maintenance on State Aid Street System and Requesting the State of Minnesota to Transfer to Council Minutes, January 7, 1974 7. (a) Funds Pursuant to Chapter 443 Session Laws of Minnesota 1965. The motion carried 7 - 0: (b) RESOLUTION PROVIDING FOR CITY PARTICIPATION IN PREMIUM PAYMENTS FOR HOSPITALIZATION AND MEDICAL INSURANCE FOR CITY EMPLOYEES JOINTLY irVITH HENNEPIN COUNTY RESOLUTION NO. 4982 It was moved by Councilman Craves, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4982 entitled, "Resolution Providing for City Participation in Premium Payments for Hospitali- zation and Medical Insurance for City Employees Jointly with Hennepin County. " The motion carried 7 - 0„ (c) RESOLUTION PROVIDING FOR CITY PARTICIPATION IN GROUP LIFE INSURANCE FOR CITY EMPLOYEES JOINTLY WITH HENNEPIN COUNTY RESOLUTION NO. 4983 It was moved by Councilman Griak, seconded by Councilman Graves, to waive reading and adopt Resolution No. 4983 entitled, "Resolution Providing for City Participation in Group Life Insurance for City Employees Jointly With Hennepin County, " The motion carried 7 - 0. (d) RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO. 4984 It was moved by Councilman Graves, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 4984 entitled, "Resolution Designating Official Newspaper. " (St. Louis Park Sun). I FJ There was discussion concerning the circulation, percentage of space d6voted to news of local interest and the state statues covering this designation. Mr. Sy Friedman, 2809 Zarthan Avenue, explained that he has done research on this matter and urged Council to consider this decision carefully as well as to examine the statutes and make recommendations for possible changes to the State Legislature. Vote on the motion carried 4 - 3, Councilmen Druskin, Griak, and Meland voting nay. Councilman Druskin voted in opposition because he desired a deferment to permit further in-depth consideration. E:3 Council Minutes, January 7, 1974 7. (d) It was moved by Councilman Griak that a resolution be drafted to send to the legislature to request them to review the statutes which govern legal newspaper designation. Councilman Graves seconded and the motion carried unanimously. (e) RESOLUTION DESIGNATING FUEL COORDINATOR RESOLUTION NO. 4985 It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4985 entitled, "Resolution Designationg Local Fuel Coordinator." (City Manager). The motion carried unanimously. (f) PROPOSED ORDINANCE REGULATION AUCTION SALES It was moved by Councilman Hanks, seconded by Councilman Meland, to refer this ordinance to the Community Relations Commission for its review and recommendation. Councilman Thiel moved to amend the motion to include garage sales. The Mayor ruled the amendment to be out of order. Vote on the motion carried 7 - 0. Mayor Fleetham suggested that consideration be given to having a lower fee to persons conducting a one-time estate sale. Councilman Thiel moved to refer the matter of regulation of garage sales to the Community R0-latioiL4.Commissi6A for its recommendation. Councilman Graves seconded and the motion.carried unanimously. (g) RESOLUTION CALLING ASSESSMENT HEARINGS, IMPROVEMENT NOS. 72-13, 73-18, 73-20, AND 73-33. RESOLUTION NO. 4986 It was moved by Councilman Graves, seconded by Councilman Griak, to waive reading and adopt Resolution No. 4986 entitled, "Resolution Calling Assessment Hearings, Improvement Nos. 72-13, 73-18, 73-20, and 73-33." The motion carried 7 - 0, setting hearing February 4, 1974. 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES (a) REPORT RECOMMENDING ESTABLISHMENT OF FIRE LANE -_ NORTI-1LAND ALUMINUM COMPANY RESOLUTION NO. 4987 It was moved by Councilman Graves, seconded by Councilman flanks, 9 REPLACEMENT Council Minutes, January 7, 1974 8. (a) to waive reading and adopt Resolution No. 4987 entitled, "Resolution Authorizing Placement of Traffic Control Signs Establishing Fire Lanes." The motion carried 7 - 0. (b) REPORT RELATIVE TO STREET LIGHTING (M&C NO. 74-03) . It was moved by Councilman Griak, seconded by Councilman Graves, to provide the capability to turn off all lights (Texas Avenue and Lake Street) on one side of the street from 12 midnight to daylight. After discussion concerning amount of energy saved vs. safety for residents, pedestrians, and vehicular traffic, vote on the motion carried 6 - 1, Councilman Hanks voting nay. (c) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD DECEMBER 12, 1973. There being no discussion, the minutes were ordered by the Mayor to be received for filing. (d) MINUTES OF COMMUNITY RELATIONS COMMISSION MEETING HELD DECEMBER 13, 1973. There being no discussion, the minutes were ordered by the Mayor to by received for filing. (e) MINUTES OF HOUSING 'AND REDEVBLOF-HENT--AUTHOR=--MEETING HELD DECEMBER 15, 1973. There being no discussion, the minutes were ordered by the Mayor to be received for filing. (f) MINUTES OF PLANNING COMMISSION MEETING HELD DECEMBER 19, 1973. There being no discussion, the minutes -were ordered iy the Mayor to be received for_filing: _ UNFINISHED BUSINESS (a) LAND ACQUISITION - MINNEAPOLIS GOLF COURSE PROPERTY (M&C NO. 74-02) • r Councilman Graves moved to authorize acquisition of this property at a cost of approximately $65,000 plus taxes and assessments. MIK t'+�t►►►+�I1 Mltuttrar, +lntun►tw !, 11)7It am (c►) Co%litt" i 1 t11c1tt t1►� (,cil. Ht1cuntiod and amundod the motion to include tlwomt tg;tt full tit' portsibUlty u1' buildable lots ad-laC :tlt to 010 r41Nrt1\41 t r ai..l ol>%A 1't�a�nl:.l in Aventio, and that resident ► be noti f'ied 01 1 114 intrnt• eurn_e�+i,11illg t dime Lott; . Councilman Graves uKr.eed It' ttwlt►tk+ I -1w cutttnitilttetttt' itt bis original motion. Vote on the motion %,;11,1,11,tl %itw11.111101114 1 v . (1+) A1'1'01 WrMUN'l'S TO 110ARDS/(:l)MM188 IONS 1t- win mt+vt+d by Cotuicillimut Hanks, seconded by Councilman Graves, t i do l,ov t.c► 'I'lnuctry 21. 1,974. 'flue motion carried unanimously. (0 Hl' -PORT ItELAT1'VU TO 1+1111CRASE OF 3.120 LOUISIANA AVENUE (DEXERRED 14110M I)I�Cl:MPUR J 7, 1.4)73) . 1t• wn* movotl by Cuuttellman Meland, seconded by Councilman Graves, t'tt (totltttrA, prujivi,ty at 3.120 Lut►isiantt Avenue and maintain it as haus 1 ng s t wl. tutt.i.l prupe t,ty is needed for street right. --o L' -way . The mut tint t twt,lvd 7 - 0. NIM 011S1NUSS (a) (b) I'A11111.ATION (11' BIDS - S'1'RtXT WORK SUPPLIES It, wtis movod by Cuunai.lman Hunks, seconded by Councilman Graves to twovi)t J owt-tit I''os puitsible bidders and authorizes execution of volit'rnk,ts 418 .t'ulluwas: AC -1. Bitwninuus Mixtitre St: -250 )littuninuus Mixt-tire MC -800 Bituminous Mixtur(P C111,1414 V G Ncve0. 1'A -1,t Stuil Coact Aggregate I'A-1 Sand Limrstullo Ruck, Class II Burton Contracting Barton Contracting Barton Contracting Buesing Brothers Northwestern Gravel Barton Contracting J. It. Shiely Company ;tial re+.jvvt.i.tkq the bids submitted by W. G. Pearson since their jw,ItNrs ouu.ld uml.y be guaranteed through May 5, 1971.E. The motion oni'v.iod unautianousl.y. . l'AIIIII.ATION (11' 111 -IIS - CLLANING SAND .FROM WELLS AND FURNISHING DEEP W13.1, T11H111N11 I'UMl'S 1'1,: was utowd by Councilman Gviak, seconded by Councilman Meland to t1t,wignatt-v Br.rgersult-onswell, Incorporated tis lowest responsible bi.ddtw In mitowit u t' $28,755.00,, and authorize execution o f the euntuauit:. Tho mutiun c drried 7 - U. 11. REPLACEMENT Council Minutes, January 7,.1974 10. (c) SUBURBAN LEAGUE MEETING - JANUARY 10, 1.974 Councilman Thiel moved to authorize any Councilman to attend, including State Legislators, and that expenses be assumed by the City. Councilman Griak seconded and the motion carried 7 - 0. (d) KEMX DAY PROCLAIMED - REQUESTED BY KRSI Mayor Fleetham proclaimed January 23, 1974 to be KFMX Day in St. Louis Park. (e) CONTRIBUTION TO GIVE AND TAKE CENTER Councilman Hanks moved to approve contribution to Give and Take Center. Councilman Graves seconded and the motion carried 7 - 0. 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Michael C. & Nancy Sandell, 2733 Edgewood Avenue 2. Mrs. Margaret Kurzeka, 3301 Louisiana Avenue 3. Hugh E. Harry J. Klein, 4121 Forest Road It was moved by Councilman Graves, seconded by Councilman Griak. to file claims with the City- Clerk for proper action by the City Manager and City Attorney. The motion carried 7 - 0. 12. CLAIMS, APPROPRIATIONS, AND CONTRACT.PAYMENTS Action taken as part of Council Business 1973. 13. ADJOURNMENT On motion of Councilman Graves, seconded by Councilman Griak, the meeting was adjourned at 10:55 p.m. by a�seven yea vote. Attest: Alice M. Carlson, Secretary 12 Frank Fleetham, i,