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HomeMy WebLinkAbout1974/12/16 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING STe LOUIS PARI{ , MINNESOTA December 160 1974 1 , CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Fleetham at 8 : 01 p , m , 2 . INVOCATION Invocation was given by the Reverend Martin Paul of the St , Luke ' s Lutheran Church . 3 , ROLL CALL The following Councilmen were present at roll call : Seymour Druskin Richard Graves Rose - Mary Griak Lyle Hanks Keith Meland Frank Fleetham Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , City assessor , and Acting Secretary . Councilman Thiel arrived at 9 : 00 p . m . and left •Mae meeting at 11 : 15 p . m . 4e MINUTES tion of Council Graves , seconded by Councilman Griak , the minutes On mo 1 74 andspecial meetings held of the regular meeting held October 21 , 9 p r 20 , 197 , were approved by a six yea vote . November 12 and Novembe 5 . AGENDA f Councilman Meland , seconded by Councilman Griak , the On motion o roved by a six yea vote with the 1 7 =l was app agenda of December 1. 6s 9Thiels 11 ( d ) following ad dit. i ons : a. l ( c ) Statem �' r�t by Councilman ion ; and 11 ( e ) Communication fror" Lutheran Chut' c .11Counci1 for City Employees . Hosting of Christmas Co .CCNe Party by 6 . PUBLIC HEARINGS ( a ) IMPROVEMEN 'l1 N © , 71 - 3 :. , PAVING , CURB AND GUTTER , ,,A AS DESCRIBED IN NOTICE OF HEARING ETHEL BASTON �,, 12L 323 Council Minutes , December 16 , 1974 6 . ( a ) PUBLISHED DECEMBER 5 AND DECEMBER 12 , 1974 , Mayor Fleetham opened the hearing . It• was moved by Councilman Hanks , seconded by Councilman Graves , to postpone the hearing to 9 : 00 p . m . The motion carried 6 - 0 . At 9 : 00T . m . President Pro Tem. Graves assumed the chair , since the Mayor is a property owner in this area . The Director of Public Works described the proposed project and the problems in the area , showing slides depicting the conditions of the paving , curb and gutter and sidewalks . He explained that if the proposed project is constructed there would be no maintenance charges assessed for a twenty - year period . He also indicated there would be some design changes hLt the intersection of Wooddale Avenue and Highway City Assessor explained the assessment policy in general and as it applies to this project in particular . Mr . Otto Sorbel , 4433 Penn Avenue North , manager of the Park Kwok on Lake Street , spoke for property owner , Mrs . Murray DaWsoni� and himself . He objected to curb and gutter because it will cut off front parking and any such restriction will seriously affect the business and even possibly put the store out of business . He also expressed concern about the -sidewalk which was moved b Northern States Power Co . and has not been replaced , y The City Manager stated that staff is aware of this concern but that projects are always designed in accordance with the ordinance , Mr , A ; i Fz-ogaZr_-lta., 5725 West Lake Street , spoke in o proposedprovemenL since he felt it would Opposition to the He also spoke in opposition to the alley constructed to it his property . his property two years ago and expressed concern o the rear of of maintenance and poor condition of about the lack Lake Street , Mrs . Anthony Jarnes , 5917 West 34th Street of the twenty - year street guarantee . She was assurance be on record in the minutes for an told that this would y future council Mr . Ronald Sutton , 3312 a draina a Webster Avenue , was concerned about g problem in the area and that the streets be excavated to place under is might have to told that all underground Underground utilities in the future . He was the permanent street eOtilities are in place and checked before on his side is not in need f$ tructed . He stated that the street resurfacing . 324 Council Minutes , December 16 , 1974 6. ( a ) Mr . Jim FarnhamIt3331 Yosemite Avenue , spoke proposed project and indicated that many of his neighbors gra f the that this is a necessaryg greed �proverrment . Mrs . Dorothy Stark , 3236 Yosemite Avenue , felt that in tim inflation as presently bresentl es of eing experienced such projects should be discouraged . Mr . Peter Flom , 3301 Y0sen]i1e Avenue , and Mrs . Roy Geist , 3305 Yosemite Avenue , requested that the sidewalk in that block be extended to completion or that their portion be eliminated since they did not want to be assessed for sidewalk repair of a sidewalk which is not complete . Councilman Druskin indicated that he would pursue this matter to a reasonable conclusion . Mr . Phil Horn , 3320 Yosemite Avenue , spoke in favor of the project , indicating that anything would be an improvement even if it lasted only ten years . Mr . Doug Kraus , 5906 West 34th Street , felt that to do anything other than a permanent paving job would be a waste of money , Mr . Lester Larson , 3225 Xenwood Avenue , said that he and his neighbors favored the proposed improvement . Mrs . Dorothy Nicholson , 5737 West Lake Street , stated that no repair is lasting and she favored the project . There being no one else present wishing to speak , President Pro Tem Graves closed the hearing subject to any motion by Council to re - open the hearing . RESOLUTION NO . 5179 It was moved by Councilman Thiel , seconded by Councilman Meland , to waive reading and adopt Resolution No . 5179 entitled , " Resolution Ordering Improvement , Ordering Preparation of Plans , and Authorizing Advertisement for Bids , Improvement No . 74 - 32 . The motion carried 6 - 0 ( Mayor Fleetham was not present ) . (b ) APPLICATION FOR VARIANCE ( CASE NO SECTION 6 : 074 . 5 OF THE ZONING ORDINANCE REQUESTED BY ROBERT BENSON TO PERMIT A SIDE YARD OF 2 INCHES INSTEAD OF THE REQUIRED 6EET AT SIANA AVENUE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED NOVEMBER 28 , 1974 ° L L \ Mayor Fleetham opened - the hearifig . 325 Council Minutes $ December 161 1 ) 74 Director A41W, they background Of tilt! proposed relates to 6 . (b ) The Planning D o area and j, ow it variance , describing the �a � rt. rc� � xi � :1 ng the request fo1.7 variance . Mrs Robert Benson , 1 332 Louistana Avctlue , was present urging approval of the. req*Ae st . Mr . Jack Jayc: ox , attorney re� preseni1 Shelton Fisher at 1826 • S • a Avenue , g ,.jvc: brief background of the relationship of the Louisiana P , , p osition to the requested neighborhood properties ties and expressed opp variance . Letters from neighbox s , both in favor and in opposition to the request , were received by Council . There being no one else present wishing to speak , th Mayor to continue closed the hearing subject to future action by Council to a future date . After discussion by Gouncil , it was moved by Councilman Griak , seconded by Councilman. Meland , to continue the hearing to January 6 , 1975 , during the interim the neighbors meeting with the staff to work out a solution. Mr . Jaycox indicated that it was his feeling that this matter could not be reconciled by the neighbors but should be decided by the legal guidelines . The City Attorney explained that is possible to place conditions in the resolution granting the variance to have more control over what is to be done . After further discussion , vote on the motion carried 6 - 0 ( Councilman Thiel was not present. ) . 7 . PETITIONS , REQUESTS , AND COMMUNICATIONS ( a ) NOTICE OF INTENT TO CONDUCT BINGO GAME EVERY SUNDAY AFTERNOON AND FRIDAY EVENING BEGINNING JANUARY 3 , 1975 - FRANK LUNDBERG AMERICAN LEGION POST , 5707 EXCELSIOR BOULEVARD. There being no objection , the notice was ordered by the Mayor to be received for filing . ( b ) COMMUNICATION RELATIVE TO COURT PLAZA , INC . Mr . Irving Nemerov , attorney representing Court Plaza , Inc . , ( 400 Second Avenue South ) spoke to Council concerning its reluctance to renew the liquor license of his client . He explained that since that time the owner of Court Plaza ( George Boosalis ) has been working with Captain Setter of the Pchce Department and Mr . Harvey McPheeof Ix. apectional Services to correct any deficiencies 326 council Minutest Dec umber 16 , 1974 7 , (b ) in the operation of this elstablishrnent , fie telt that attitudes have changed and much progress has been made in both the sanitation and policing of this establishment The City Manager agreed that progress is being made and that there would be continual follow - up to be sure all deficiencies are corrected and that the business continues to be operated in a proper manner . After discussion between Council , Mr . Boosalis and his attorney it was moved by Councilman Meland , seconded by Councilman Griak , to reconsider the motion of December 2 , 1974 , The motion carried 6 - 0 ( Councilman Thiel was not present ) . The motion then on the floor to renew the license to March 15 , 1975 carried 6 - U . Councilman Hanks stated that he would be looking very closely at this place in the next 90 days . ( c ) REQUEST OF FOOD PRODUCERS FOR BUILDING PERMIT - WAREHOUSE CONSTRUCTION Mr , Robert Stephenson , 6129 France Avenue , was present representing Food Producers , 24. 01 Edgewood Avenue . He agreed to conditions suggested in a report to Council except one with regard to compliance to storage ordinance which would require; correction by January 31 , 1975 . He requested mid - surnxner as a more realiritic date; for conipli <inca . It was moved by Councilman Griak , seconded by Councilman Graves , to issue the permit wi. t.h the following conditions , 1 . Al ] outside storage be discontinued by ,Tune 30 , 1975 , 2 . All exterior building walls be p :a. intud or refinished in a sim lzrar material by July 30 , 1975 and maintained I n a estate of good repair and appearance* . The City Manager explained that, the present building is a mixturc3 of exterior finishes and 1. hls would brim; the major building into compliance: , arld that cvenbially all Would bo brought into compliance., The motion carried 6 0 ( Cocrncilm ;An Thlol was not. presant ) , 8 . RESOLUTIONS AND ORDINANCES ( a ) RESOLUTION AUTIIORJZING PARKING RESTRICTIONS , AQUILA LANE FROM BOO NN A V1:q. NIf1�1 ' 1' U ! 1 ;� ' l ' S ' t ' FtI�� .E ' 1 ' It C� SC� L� l1 ' i ' I,C� N NO . 5180 It was moved by (, cj ' an � - tltrtatr N► j , iu .ri � l , acict) Ildod by Cut�tnc 11natl t) ruN1e1110 it. l0d , " Rctsultttlon to waive readlnlK art.il ,� �I „ I , I l.tr , a .t1 . Jc , r:t Nu , '31H c� tii. , uthuri � ing F'lar; r� nr " nt. � , 1 ' I 1, 411ica G4G4011 rul, 81gnr4 Itogtil %aing Parl< Ita µ , , ' A � I ( '14 [.) 1 , 711; 1. 1 ,t rhln Giria.lc voting nFcy ( Cotit- c, il1rt ,atl The motion carried ; S2 `l Council. Minutes , Decerxiber .16 , 1974. 8 . ( a ) Thiel was not. prel ,0111 ) . t iOR. :!_ Z :i. NC 1 . UA .D LIMITS - E x.,MW OOD AREA (b ) RESOLUTVq` � N AL "i F RESOLUT .ION NOo 51 " ou.ncilman Hanks , seconded by Councilman It was moved by C 5181 entitled Druskin , t o waive reading and adopt Resolution a l. ishin Load � � lii.tion Atathorizi.ng Placement of Signs Establishing Minnesota . " The Resp Limits on Certain. Streets in St* L° ui elPWas ' not present ) . motion carried 6 - 0 ( Co ' �cxlrxlan Thl ( c ) RESOLUTION DESIGNATING OFFICIAL NEWSPAPER RESOLUTION NO . 5182 moved b Councilman Hanks , seconded by Councilman Druskin , It was Y to waive reading and adopt Resolution No . 5182 entitled , " Re The tion Designating Legal Newspaper for the Calendar Year ln7 5 . motion carried 6 - 0 ( Councilman Thiel was not prese ) d RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY AND DESIGNATING REPRESENTATIVE RESOLUTION NO . 5183 It was moved by Coijncllman. Grz. ak. , seconded by Councilman Meland , to waive reading and adopt Resolution No . 5183 entitled , " Resolution Authorizing Participation. in theSu.burban Rate Authority , Directing the Execution and delivery of a ;Joint Po-vers Agreements and Designa - ting a Representative of the City as its Member on the Board of the Suburban Rate Authority . ' ' The motion. carried 6 - 0 ( Councilman Thiel wats not pre ent ) . Mr . Robert Ehrenberg was designated as the representative . ( e ) RESOLUTION DENYING APPLICATION FOR A PERMIT TO CUT AN EXISTING CURB ON A CITY STREET FOR DRIVEWAY PURPOSES UNDER SECTIONS 1 : 610 THROUGH 1 : 618 OF THE ST . LOUIS PARK ORDINA.'vCE CODE RESOLUTION NO , 5184 It was moved by Councilman Meland , seconded by Councilman Hinkav to waive reading and adopt Resolution No , 5184 entitled . " Resolution Denying Application for a Permit to Cut an Existing Curb on a C *tY Street for Driveway Purposes under Sections 1 : 610 Through 1618 of the St . Louis Park. Ordinance Code . " The motion carried 5 ` 1t Mayor Fleetham voting nay . Property Its located at Sumter Aveau* and Minnetonka Bo -devard , 328 Council ]Minutes , December 16 , 1974 9 . REPORTS OF OFFICERS Bp.ARDS AND W MMITTEES 11 11111110'' '1 I'll , IIIII IIIIIIIIIiiiiii ( a ) REPORT OF CHARTER COMMISSION RELATIVE TO RECOMMENDED AMENDMENTS TO THE CITY CHARTER It was moved by COUncjlman Graves , seconded by Councilman Griak , to call public_ hearing January 6 , 1975 . The motion carried 6 - 0 ( Councilman Thiel was not present ) . (b ) REPORT OF CITY MANAGER ( M & C NO . 74 - 67 ) RELATIVE TO POST ALDTT FOR 1974 . RESOLUTION NO , 5185 It was moved by Councilman Gri ak , seconded by Councilman Druskin , to waive reading and adopt Resolution No . 5185 entitled , " Resolution Providing for the Employment of George M . Hansen Company to Audit the Accounts and Records of the City for the 1974 Fiscal Year . " The motion carried 6 - 0 ( Councilman Thiel was not present ) . ( c ) REPORT OF CITY MANAGER ( M & C NO . 74 - 66 ) RELATIVE TO MUTUAL AID FIRE AGREEMENT , RESOLUTION NO , 5186 It was moved by Councilman Graves , seconded by Councilman Meland , to waive reading and adopt Resolution No . 5186 entitled , " Resolution Authorizing Agreement with Southwest Mutual. Aid Association_ Relative to Mutual. Aid for Fire Protection . " The motion carried 6 - 0 FCo -lmcilmanThiel was not present ) , ( d ) PRELIMINARY REPORT OF DIRECTOR. OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO IMPROVEMENT NO , 74 - 33 , PAVING , CURB AND GUTTER IN WESTDALE AREA , Councilman Griak explained that this project is on the Capital improvement Program for 1976 and she would like to defer this matter to late or mid February . Councilman Meland suggested that the entire Council. review the Capital. Improvement Program . The report was ordered filed . ( e ) REPORT OF TRAFFIC STUDY ( # 98 ) - INTERSECTION OF LYNN AVENUE AND WEST 40TH STREET . It was moved by Co -+j_n.cilman. Hanks , seconded by Councilman Meland to ail.t:hori. ze preparat:i. on. of resolution installing yield signs on Lynn Aven .�.e at West 40th Street . The motion carried 7 - 0 . 329 Gouncll Nfinutes , December 1. 6 , 1. 974 9 . ( f ) MINUTES O1. COMMUNITY R. :ELA ' f' TONS COMMISSION MEETING HELD NOVEMBER l4 , 1. 974. 0 � o discussion , the mi11utos were o .rderod by the Mayor There being i to be received for filing . ( g ) MINUTES OF BOARD Or, ZONING APPEALS MEE 'T' ING HELD NOVEMBER. 21 , 1974 * being no discussion , the minutes were oxdered by the Mayor There g to be received for filing . h MINUTES OF ENVIRONMENTAL IMP1tOVEMENT COMMISSION MEETING HELD NOVEMBER 26r 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( i ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD NOVEMBER 26 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( j ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD DECEMBER 5 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . (k ) MINUTES OF PLANNING COMMISSION MEETING HELD DECEMBER 4 , 1974 . ( 1 ) . MINUTES OF STREETS AND HIGHWAYS COMMITTEE MEETING HELD DECEMBER 3 , 1974 . There being no discussion , the minutes were ordered by the Mayor to be received for filing . 10 . UNFINISHED BUSINESS ( a ) WESTWOOD HILLS - REPORT OF CITY ATTORNEY RELATIVE TO LAND CONDEMNATION . This matter was deferred to January 6 , 1975 . ( b ) APPLICATION FOR OFF - SALE LIQUOR LICENSE - PARK LIQUORS ( DEFERRED FROM DECEMBER 2 , 1974 ) 0 This matter was deferred at the request of the applicant . 330 Council Minutes , December 16 , 1974 10 . ( c ) APPOINTMENTS TO BOARDS / COMMISSIONS It was moved by Councilman Meland , seconded by Councilman Hanks , to appoint ELgene Haman to the Environmental Improvement Commission ( term expiring 10 / 1 / 75 ) . The motion carried 6 - 0 . On motion of Councilman Graves , seconded by Councilman Griak , the following persons were reappointed to another full terns by a six yea vote : Planning Commission , Mrs . Marjean Cooper and Mr . Ted Rudy ( terms expiring December 31 , 1977 ) ; Parks and Recreation Advisory Commission , Glenn Sullivan and Ron Berthe ( terms expiring December 31 , 1977 ) ; Building Construction Codes Advisory Commission , Ben Mayeron ( term expiring December 31 , 1979 ) ; and Board of Zoning Appeals , Joseph Dixon ( term expiring December 31 , 1979 ) , ( d ) LAND TRANSACTIONS ( DEFERRED FROM DECEMBER 2 , 1974 ) . ( 1 ) . Westwood Hills This matter was deferred to January 6 , 1975 . ( 2 ) . 2333 France Avenue Mr , Knute Homeland , 2855 East Lake of the Isles Boulevard , Minneapolis , expressed interest in purchasing the lot and had had soil tests m. ade which indicated that nine feet are filled and not substantial for building . He said most of this materi. al would have to be removed or piling be driven . Councilman Griak moved to waive reading of the ordinance authorizing sale of the land and set second reading January 6 , 1975 , Councilman Hanks seconded. . Councilman Druslcin moved to defer to January 6 , 1975 in order to contact the abutting property ownners . CoLutcilman Graves seconded and the motion carried 7 - 0 . e LAND ACQUISITION - ELMWOOD PARK ( M & C NO . 74 - 68 ) . i :lm ��. �l Hanks , sc: condc; d by Councilman It was move= d by Co �xnc Meland , to table this matters T' l1e Inoi:xon carr. ped 6 - 0 ( CoiYncil - ;man, Thiel was t, ot pr (: t3G' Xl. t ) . ( f ) LOU PARK CONCEPT PLAN CouncllmaT7 Graves "P " " (' d cUncern , boilt: t11c: aeop � Of t1 � c: ( 1� �� l, ax�7 , tecl t::ixxics F� � % brid 1 � ad Gu study to c .11nlatter . devel. oprnent ,rid • 19740 Cc � uyic. .ilni3n . � to d c: fc� r. 1; h e rn ��. titic: r t; u 1� c, b � uzL 'jy 3 • He m ov �- d 331.1 Council Minutes , December 16 , 1974 10 . ( f ) Druskin seconded and the motion carried 7 - 0 . Mr , Harry Gerrish , 4903 South Cedar Lake Road , architect representing Mr . Dan Otten , explained that there is a time problem with commercial properties facing Wayzata Boulevard because of expiring options . He asked that this commercial property be divided from the rest and considered separately . Councilman Thiel moved to reconsider . Councilman Griak seconded and the motion carried 5 - 2 , Councilmen Graves and Meland voting nay . After further consideration , the vote on the motion carried 7 - 0 . 11 . NEW BUSINESS ( a ) TABULATION OF BIDS - INSURANCE ( M & C NO . 74 - 69 ) . ( 1 ) . Comprehensive General Liability ( 2 ) . Comprehensive Automotive Liability ( 3 ) . Automotive Physical Damage Insurance (4 ) . Umbrella Liability Insurance ( 5 ) . All Risk Insurance under Public & Institutional Property Plan It was moved by Councilman Griak , seconded by Councilman Graves , that the total package be awarded to Brandow , Howard , Kohler & Rosenbloom . The motion carried 7 - 0 . (b ) REVIEW OF RESOLUTION RELATIVE TO BOARD / COMMISSION POLICIES . This matter was deferred to January 6 , 1975 . ( c ) STATEMENT OF COUNCILMAN THIEL Councilman Thiel explained that he had joined a law firm that is representing Methodist Hospital on a case of a special assessment and that he will not be able to participate in discussions relative to this matter . ( d ) COMMUNICATION FROM LUTHERAN CHURCH OF THE REFORMATION Mrs . Kirky Otto , 2801 Colorado Avenue , represented the church . 332 Council Minutes , December 16 , 1974 11 . ( d ) Councilman Druskin moved that the lots suggested by the church be leased by the City for the sum of one dollar , waiving all of the taxes . Councilman Graves seconded the motion . After discussion concerning the legality of waiving the taxes and use to be made of the property , Councilman Hanks moved to defer the matter to January 6 , 1975 , Councilman Graves seconded and the motion carried 6 - 0 ( Councilman Thiel was not present ) . ( e ) HOLIDAY PARTY �FbR CITY EMPLOYEES Councilman Dr. uskin suggested that Council host a coffee party for employees during the holiday season . It was agreed that this be done during the afternoon coffee break on December 23 , 1974 . 12 . MISCELLANEOliS ( a ) DAMAGE CLAIMS 1 . K . E . Lir_debloom , 3100 Virginia Avenue 2 . Mrs . Robert Gold , 8701 Boone Court On motion of Councilman Graves , seconded by Councilman Hanks , the above claims were filed with the City Clerk for proper action by the City Manager and City Attorney . Motion carried 6 - 0 . (b ) COMMUNICATIONS FROM CITY MANAGER - PCA Action - Republic Creosote Storm Sewer Permit . The City Manager and City Attorney gave a report of action stohm at has been taken by the PCA Board and staff relat ve to thesewer permit requested by the City . RESOLUTION N0 . 5187 discussion as to the most effective Way es o approach seconded by After Councilman Gravest P it was moved by and adopt Resolution No # to waive reading Councilynan Druskin , Tessin the City ' s intent to Coopera - Resolution ExP g 5187 entitled , " enc T and the Minnesota with the Mznriesota Pollution ControlAgency of Study for Evaluation tow ent; to Develop State Health Departm � The motion - ' al Ground Water Problems in the of potents O Councilman Thiel was P carried 6 - 333 Council. Minutes , l�c� c c'1't� l� ef t:• 16 , 1974 13 , CLAIMS , APP .ROPl2IA 1' .CO :NS ANi� CUN ' I ' CtAG '1' PAYMENTS ( v > VERIFIED CLAIMS On motion of Councilman Hanks , secondod by Councilman Griak , the lists of verified claims prepared by the Director of Finance and presented to the Council elated December 16 , 1974 in the total amounts of $ 6 , 263 . 02 for payroll , and $ 515 , 162 . 78 for vendors were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a six yea vote , 14 . ADJOURNMENT On motion of Councilman Meland , seconded by Councilman Hanks , the meeting was adjourned at 1L6. 25 a . Z'1�L six yea vote . �� 01 Frank- G . Fleetham , Jr . , Mayor Ric . r. d Gravei , Pres . Pro Tem Attest : /01 &0 Alice M . Carlson , Actg . Secretary 334