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HomeMy WebLinkAbout1974/11/18 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING November 18 , 1974 CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Fleetham at 8 : 1 Pam * Ze INVOCATION e The invocation was given by the Reverend Cliff Gronneberg of the First Lutheran Church . 3 , ROLL CALL The following Councilmen were present at roll call : Richard Graves Rose - Mary Griak Lyle Hanks Keith Muland Leonard Thiel Frank Fleetham Councilman Druskin arrived at 8 : 04 p . m . Also present were the City Manager , Assistant City Manager , City Attorney Planning Director , Director of Public Works and Acting Secretary , 4. MING TES On motion of Councilman Hanks , seconded by Councilman Griak , the minutes of regular meeting held October 7 , 1974 and the special City Council meeting % 0 October 20 , 1974 were approved by a six yea vote . � . AGENDA On motion of Councilman Griak , Geconded by Councilman Meland , the g addi� 3 Nov , tuber 18 , 1974 was approved by a seven yea vote with the following additions : Item 10 ( f) , Louisiana Avenue / Highway 7 Consultant : Item 11 ( d ) , Financial ManagFment Workshop . 64 PUBL?C HEARINGS (a ) PROPOSED VARIANCE ( CASE NO. 741 46 - VAR . ) FROM THE REQUZR > ' MEN " S OF SECTION 6 : 064 . 5 OF THE ZONING ORDINANCE AT 9416 FREDERICK REQUESTED BY DOMINUM GROUP , INC • , AS DESCRIBED IN NOTICE 305 Council Minutes , November 18 , 1974 6 ( ) a OF HEARING PUBLJSHE .D OCTOBER. 31 , 19740 Mayor Fleetham opened the hearing . The Planning Director briefly reviewed ? feet , variance with area request a lot aor a of lot width of 40 feet instead of the required . 5 , 57 000 square feet in lieu of the required 9 , 000 square feet . Jack Dukes , 9408 Frederick Avenue and Martha Derhaag , 9420 Frederick ition to the variance request . Avenue , spoke in oppos There being no one else present to speak on the subject , the Mayor declared the hearing closed.. In response to a question from Councilman Griak as to the reason behind the recommendation to grant the variance from the Board of Zoning Appeals , the Planning Director stated that unless the abutting property owners take over the property or a variance is granted , this parcel of land may never realize a private use . Councilman Hanks stated that he feels the Council. should try to be consistent as it considers these types of small lots throughout the community . It was moved by Councilman Meland , seconded by Councilman Thiel , to deny the requested variance . The motion passed 7 - 0 . 7 . PETITIONS , REQUESTS AND COMMUNICATIONS (a ) COMMUNICATION FROM MR . TCM O ' MEARA RELATIVE TO CATV FRANCHISE . Staff was directed to reply to a letter written by Mr . O ' Meara relative to the City ' s action on the transfer of the CATV franchise . The Council felt such a letter should clarify points brought up in his letter to the Council : the Mayor ordered the letter to be received for filing . ( b ) REQUEST OF MR , MARVIN WYMAN TO ADDRESS COUNCIL RELATIVE TO ACCESS ONTO SUMTER AVENUE Mr . Craig Christensen , 4020 IDS Center , representing Mr . Wyman , 7900 Minnetonka Boulevard, outlined the history of this situation as reported in the letter addressed to the Council . He stated that it is his client ' s feeling that it is unfair to deny a building permit at this time and that there is nothing is the City ordinance under which this permit can be denied . Mr . John W . Harrigan , 1st National Bank Building , representing Elaine Swenson of 2940 Sumter Avenue South , stated that Mrs . Swenson is opposed 306 Council Minutes , November 18 , 11974 ( b ) to permitting access from the Wyman property onto Sumter Avenue as she feels this action will have, a detrimental effect on her property . The Director of Public Works stated that he had informed Mr . Wyman that the City would require a cooperative agreement between he and the property owner at 2940 Sumter on. La joint driveway use before a permit would be issued to construct the garage . Cooperative agreements have been required to help prevent problems that have resulted previously when joint use of driveways has occurred . Councilman Meland stated that it is riD understanding that the propertNr in question ( driveway ) is under the control of the City and the City must determine which use is in the b (,; st interest of the City . Mrs , John Grantwit , 7820 Minnetonka Boulevard , spoke in opposition to the I ssuance of the permit and the permitting the property at 7900 Minnetonka Boulevard access onto Sumter Avenue. Councilman Druskin stated that he feels that this joint use of the driveway is a matter that should be resolved between the two property owners and suggested that Mr . Wyman and Mrs . Swenson meet to arrive . at a solution . It was moved by Councilman Druskin , seconded by Councilman Griak , to defer this matter until December 2 , 1974 . The motion passed 6 - 1 ( Councilman Hanks opposed ) . ( c ) COMMUNICATION FROM HONEYWELL REQUESTING BUILDING PERMITS Councilman Thiel and Councilman Hanks stated that Honeywell should under - stand that if a permit is granted , it is being done so only because the impend - ing vaeather condition will preclude construction and that this action in no way obligates the Council to issue further permits . Councilman Melant.:. and Druskin stated that they feel the permits should not be granted until an over - all plan is submitted . It was moved by Councilman Griak , seconded by Councilman Graves , that a permit to construct a concrete foundation pad at the southeast corner of the plant be granted with a stipulation that a status report on the rooftop screening and other zoning improvements be submitted at the earliest possible date . The motion passed 5 - 2 ( Councilmen Meland and Druskin opposed ) . 8 . RESOLUTIONS AND ORDINANCES None 9 f2EPORTS OF OFFICERS , BOARDS AND COMMITTEES ( a ) REPORT OF PLANNING DEPARTMENT RELATIVE TO SIGNS AND GRAPHICS IN SHELARD PARK . Following a brief discussion , it was moved by Councilman Hanks , seconded by Councilman Graves , to refer this matter to the Planning Department and Planning Commission for study . The motion passed 7 - 0 . - 307 -- --- -- -- ----r- Council. Mit� tites , Noveeniber 189 1. 974 NNING COMMISSION MEETING HELD NOVEMBER A , 9 . (b ) MI7. ES OT, Y LA 1974 . TR1 ETS ANI) gJIGHWAYS COMMITTEE MEETING ( l ) MINUTES OF S HELD NOVI-11M BER. 50 1979. . There being no discussion , the minutes were ordered by the Mayor to be received for fi. lang . ( c ) MONTHLY FINANCIAL REPORT - OCTOBER 1974 . There. being. n no discussion , the report was ordered by the Mayor to be received for filing . ( d ) MINUTES OF HUMAN RIGHTS COMMISSION MEETING HELD OCTOBER 16 , 19744 There being no discussion , the minutes were ordered by the Mayor to be received for filing . 10 . UNFINISHED BUSINESS (a ) PRESEN 'T' ATION RELATIVE TO CLUSTER HOUSING IN AREA OF FRANKLIN AND PENNSYLVANIA AVENUES . Councilman Thiel stated that , as he has done business with the applicant ain there is no conflict of interest , previously and wishes to make cert he wished to be execused from consideration of this matter . Roger Ulstad , representing the applicant Richard Neslund , 1180 Heritage Lane , Wayzata , explained the platting of the area as it currently exists and the proposed cluster housing development . He stated that the owner believes this type of development provides for better land use than the traditional - type residential development . Mr . Mitchel Kirshbaum , 548 Roanoke Buil &ng , representing the L•arnPilghter Park Homeowners Association , asked the developer ' s representatiVCB Q'�1esb ` regarding the proposed development. He stated that the Lamplighter Park Homeowners Association will have a position statement prepared regardiod the proposed development at the December 2 , 1974 Council meeting • In response to several questims from Councilman Griak , Mr . Ulstad elaborated on several aspects of the development , including the perrna " lease arrangement . Mrs . Griak urged the developer to meet with the people in the neighborhood to answer any questions they may have and to explain their position . Mrs . Griak further requested that staff evaluatt soil condition information and other data that would help assess the environmental effects of this development. 308 Council Minutest November 18 , 1974 � � . ( b ) CONSIDERATION OF ADDENDUM OF AGREEMENT BETWEEN HRA A % '7 CITY INVOLVING NDP PROPERTY . It was moved by Councilmar, Meland, seconded by Councilman Graves , to waive first reading and set second reading for December 2 , 1974 . The motion passed 7 - 00 ( c ) PRELIMINARY PLANS FROM HENNEPIN COUNTY HIGHWAY DEPARTMENT RELATIVE TO MINNETONKA BOULEVARD INTERSECTION MODIFICATIONS . The Director of Public Works Explained the proposed modifications at the various intersection : along Minnetonka Boulevard , Councilman Thiel suggested that the signals on Minnetonka Boulevarc synchorized to provide for platooning of traffic and that the Metropolitan Transit Commission be contacted regarding bus loading areas for these intersections , RESOLUTION NO , 5174 It was moved by Councilman Hanks , seconded by Councilman Thiel to waive reading and adopt Resolution No . 5174 entitled , " Approving Preliminary Ptar. . and Specifications For Improvement of County Road 5 Within the Limits of St . Louis Park " w, th the following conditions : 1 . That the intersection of Toledo Avenue South and Minnetonka Boulevard be included in any proposed intersection improvements along Minnetonka Boulevard. 2 . That the traffic control c_ignals along Minnetonka Boulevard be svnch. ronized to provide for platooning , better traffic flow , and increased safety . 3 . That all of the traffic controller boxes and related structures be placed outside of the intersection area , in such a manner as not h pedestrian movement, and placed and screened , to interfere wit to provide for necessary aesthetics . 4 , That the staff of the Hennepin County Highway accesses to meei, with the City staff to determine what private Minnetonka Boulevard should be closed . That the entire length of Mi nnetonka Boulevard which lies In 5 , ll deteriorating curb an. St . Loci = Park be in1py owed and that a gutter be repaired or replaced. The motion pasCed 7 - 0 . 309 Council Minutes , November 181 1974 10 . ( d) APPOINTMENTS INTMENTS TO BOARDS / COMMISSIONS . Vern Haries has been The Mayo informed t11e Council that sxnciMnam ® should be removed T Y appointed to a County study eornrnxssxon , f a licazlt: s for the Fire Civil Service Commission . from the list o PP Appointments were deferred to the December 20 1974 Council Meeting . ( e ) RIGHT OF W AY ACQUISITION - LOUISIANA AVENUE ( M & C NO. 74 - 61 ) . RESOLUTION NO . 5170 as moved by Councilman Graves , seconded by Councilman Hanks , It w " Resolutic " to waive reading and adopt Resolution No . 5170 entitle ( e ( . it The mo ; 6 Authorizing Purchase of Property for Street Righ Y lon passed 7 - 0 . (f ) LOUISIANA AVENUE / HIGHWAY 7 CONSULTANT . Each of the Council members and the Mayor gave their individual evaluations of the consultants previously interviewed . It was moved by Councilman Hanks , seconded by Councilman contract with , to authorize the Mayor and City Manager to enter into a Bather - Ringrose - Wolsfeld , Inc . for engineering design services for Louisiana Avenue / Highway 7 project with options for a different bridge design. than that presented by Bather - Ringrose - Wolsfeld , Inc . The motion passed 5 - 2 . ( Councilmen Druskin and Graves opposed ) . The Council directed staff to inform the consultants to give extensive study to bridge and roadway designs . 11 . NEW BUSINESS ( a ) AGREEMENT WITH MIDWESTERN FINANCE ( SHELARD PARK ) FOR PROPERTY USAGE FOR SKATING RINK . Following a brief discussion , it was moved by Councilman Griak , seconded by Councilman Meland , to authorize execution of the agreement . The motion passed 7 - 0 . ( b ) FINANCIAL MANAGEMENT WORKSHOP . The Mayor noted that no November 25 - 26 , 1974 a workshop will be held in Chicago regarding obtaining grants . It was moved by Councilman Thiel , seconded by Councilman Graves , to authorize a staff person 961ected by the manager to attend the session . The motion passed 7 - 0 . 310 �uacil Minutes , November 18 , 19 � 4 MISCE LLANEoUS ( a ) DAMAGE CLAIMS 1 • Mrs . Donald Le •TY , 131 2 . Phillip Kartex 1 9 Texas Avenue South 3 . Mrs 801 Texas Avenue • James Cradit , 2000 Kelly Drive , Golden Valley Councilman Meland moved to file the claims with Cit by the Ci *y Manager and City A *.pox ne Y Clerk for proper action motion .tarried 7 •- 0 , Y • Councilman Griak seconded and the ( b ) COMMUNICA. I"' IONS FROM CIrr MANACER 1 . Game Room The Tin Star the City has received an application hfor licenses ses tooperate tCoucil. that amusement devices in the vacant building next to McDonaldsmeHeastated that this item will be placed on the December 2 , 1974 Agenda for Council review . 2 . Methodist Hospital ; Meeting with Board - The Manager informed the Council that the Methodist Hospital Board of Directors will meet with the City Council at 6 : 00 p . m . , Wednesday , December 11 , 1974. Councilman Hanks stated that he would like an outline of the City ' s presentation on the Louisiana Avenue Assessment matter prior to the meeting . It was. moved by Councilman Graves , seconded by Councilman Meland , to schedule the meeting for December 11 , 1974 . The motion passed 4 - 2 - 1 ( Councilman Hanks and Mayor Fleetham opposed ; Councilman Thiel abstaining ) . 3 . Distribution of Newsletter and Calendar - The Manager compared ? -.e various costs involved between. hand delivering versus mailing the City ' s newsletters and calendar . It was moved by Councilman Meland , seconded by Councilman Griak , to authorize home delivery of the newsletter . The motion passed 7 - 0 . Staff was requested to furnish further information on providing some tyre of plastic wrap or envelope into which a calendar can be inserted prior to any action regarding the manner of delivery of the calendar . 4 . Ethel Bastor_ Pvin pro (. c , - Councilman Druskin stated that he would like the Council to consider splittingthe Ethel hiel and Hanks kstated that they into four separate' p .r' ° ston paving area j �; e; ts . Councilmen T feel the project ��vit is handled as one entire ill be more succcs :� fu1 if Graves suggested project rather than gepaxatrD pro� �. ctg . C that the City ma•Y wish to h. old. on (. large informational meeting and , if r_ecessary , to schedule smal.lc� x :informational meetings to answer questions of spPcifi. c neighborhoods . 311 Council Minutes , November 1. 81 1974 �- A ;�, ;; ociat0 on - Councilman. Griak stated that the 12 . (b ) 5 . Kilmer Homeowner a �_� � of the Kilmer HomeOwriej` s p, ssociation would discus the Cilike to ty ' s member t ossibl. e date to ty with, the full Coun�. il, at th e earlier p position on proposed 1 - 394. . ( c ) WESTWOOD HILLS CONDEMNATION The Council adjourned to the Jury Room to discuss this matter with the City Attorney . RESOLUTION NO . 5171 It was moved by Councilman Thiel , seconded by Councilman Gravet s to waive reading and adopt Re solution No, 5171 entitled , Authorizing City Attorney to Appeal Condemnation Awarde itThe motion carried 7 - 0 . 13 , CLAIMS , APPROPRIATIONS , AND CONTRACT PAYMENTS ( a ) VERIFIED CLAIMS On motion of Councilman Grian , seconded by Councilman Thiel , the lists of verified claims prepared by the Director of Finance and presented to the Council dated November 18 , 1974 in the total amounts of $ 6 , 303 * 01 for payroll , and $ 600 , 790 . 11 for vendors were approved , and the City Manan, City Clerk , and City Treasurer were authorized to issue checks covering same by a 6 - 0 - 1 vote ( Councilman Graves abstaining ) . 14 . ADJOURNMENT On motion of Councilman Griak , seconded by Councilman Graves , the meeting adjourned at 12 : 50 a . m . by a seven yea vote . l r Fleetham , Mayor Attest . Shirle oiland , Acting Secretary 312