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HomeMy WebLinkAbout1974/12/02 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING December 2 , 1974 1 CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Fleetham at 8 : 03 p . m . 2 , INVOCATION Invocation was given by the Reverend Harvey Ross of the First Four Square Gospel Church . 3 , ROLL CALL The following Councilmen were present at roll call : Seymour Druskin Richard Graves Rose -Mary Griak Lyle Hanks Keith Meland Leonard Thiel Frank Fleetham Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Works , and Acting Secretary . 4 . MINUTES None 5 . AGENDA he a of On motion of Councilman Griak , seconded by owing additjon : Item 7 ( e ) dCommunications December 2 , 1974 was approved with the following to Lions Club . 6 . PUBLIC HEARINGS E ( a ) APPLICATION OF BIG B ' s , 4600 EXCELSIOR BOULCARNo FOR TO SELL, 4L6� j NON - INTOXICATING MALT LIQUOR , ON - SALE (M • nested information as to how age identifications will Councilman Thiel req es of training will be given Hanks questioned the status of the various be checked at the establishment and what YP employees . Councilman Ha rior to its opening . The to employ this establishment p conditions placed on ending and not completed er indicated that two matters still were p Manager •ditions would possibly preclude their construction and that weather con 1975 until the spring of 1975 • to grant seconded by Councilman Hanks , moved by Councilman Graves ) not yet completed rlll need� reviewed It was the two ma the license and that of 1975 for determination of tel by the Council in May 313 Coui.lcil, i~tinuLc� s , Do. c'. embe 2 , 1974 7 , pLl3L, 1,,T 1. 0NS , Rli (�11i�; STS , AND COIvMUN :LCAT I ON ( a ) 1UPLICATI. ON 014 PAR]\] I: I . Q110R.S � 6320 iv[ -INNETO:Ni;A BOULEVARD , FOR LICENSE TO SE4LL I:NT0XTC1 T LNG LIQUOR. OFF-SALE. Tont O ' Me ;3. ra , 2551 Cavell ��1. verue South , spoke on behalf of Don and Tillie Tom on , oa,ntr ► :� �, � the property . The City Planner explained the g lot layout . It was moved by Councilman Thiel , seconded proposed ptir {citl by Councilman Graves to have the matter reviewed by the Board of is found that a variance is required and then to Zoning Appeals if it set a date for pitblic hearing . Following considerable discussion regarding the comparability' of an off - sale liquor establishment with the ueiglhboring land uses , the motion was withdrawn It was then moved by Councilman Druskin , seconded by Councilman Meland to deny the application . The motion failed 2 - 5 ( Councilmen Graves , Griak , Hanks , Thiel and Mayor Fleetham opposed ) . Following discussion whether or not a variance would be required , it was moved by Councilman Thiel , seconded by Councilman Hanks to defer setting a date for a public hearing until December 16 , 1974 . The motion passed 7 - 0 . ( b ) REQUEST FOR EXTENSION OF RALEIGH AVENUE Gerald R . Fraser , 2956 Florida Avenue North , representing the petitioner , Mrs . Florence Enersen , 4241 Wooddale , spoke in favor of the extension . The City Planner reviewed the background of this request and indicated previous City actions . Councilman Hanks indicated that a public hearing would be required and all area residents should be notified relative to Mrs . Enersen ' s request . It was moved by Councilman Hanks , seconded by Councilman Graves , to set a date for public hearing on January 20 , 1975 * Staff was directed to notify affected property owners and schedule an informational meeting prior to the public hearing , if desired . Councilman Thiel requested that the matter also be reviewed by the Planning Commission to investigate alternatives for the improvement and as well as the impact of the street - opening / extension and development ~ The .motion carried 7 - 0 . ( c ) NOTICE OF INTENT TO CONTDLTCT BINGO GAMES - JEWISH. COMMUNITY CENTER - AT 7 : 0OPM JANUARY 12 , FEBRUARY 16 , M<-kRCH 30 , AND MAY 4 , 1975 There being no objection , the notice ordered by the Mayor to be received for filing . ( d ) REQUEST FOR PERMIT TO OPERATE GAMING DEVICES ( M & C N0 . 74 - 64 ) a Mr . Richard Payette , 630 - lljth avenue Nl„I , Coon Rapids , and Mr . Greg nL pisen • 6052 Olinger Circle of Theisen Music Co , , spoke in favor of grant ina the licenses . Following discussion regarding 8 ng the proximity of St . Louis Park High School and Cent ra t Junior High School and the feelings of the residents in the neighboring areas , it was moved by Councilman Druskins seconded by Councilman Graves , to deny the liCense applications . The motion passed 7 - 0 . 314 cr e (fa ✓ r H � ;v Ha bd �7 to to Y t -+ cn r E3 (n rt Oto r-+ O tT7 �-i G ? r0 C (D P t C rt m O t-s P� O m O O rt tI �n m G W rr r-t tT! G r- G A N rt r-+ rr O ri At rt � O (n O t-h ri w 0 O rt �d b rt r a 0 d Q r ¢y 1 o m r* n C1- x m o m cr CL o � � m 0 a. ;' 0 w 0 0 � o (CU) CDD w Na w N• N. Q, � 0 N• o w o rr n cn r-� n n o N r w Y• �' N d 0 .. 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Council Minutes , December 2 , 1974 9 . ( a ) The motion carried una. nimouslyo b ) REPORT OI' TRAFFIC STUDY. ( 397 ) - WEST 34TH. STREET PARKING Councilman Meland , seconded by Councilman Graves , It was moved by prohibiting parking ation of resolution p g P g on to authorize prepar ne Avenue to West 34th Street , fine west side of Aquila from Booinar motion carried 6 - 1 , Councilman GriesidentsbandytheStaff Schoola requested to notify any affected District regarding the recommendations prior to fir_al Council action . ( c ) MINUTES OF ENVIRONMENTAL IMPROVEMENT COMMISSION MEETING HELD OCTOBER 23 , 1974 > Councilman Druskin requested that the Council review the policy on one person serving as chairman for more than one consecutive term , There being no further discussion , the minutes were ordered by the Mayor to be received for filing . ( d ) MINUTES OF PARKS AND RECREATION ADVISORY COMMISSION MEETING HELD NOVEMBER 13 , 1974 There being no discussion , the minutes were ordered by the Mayor to be received for filing , ( e ) MINUTES OF PLANNING COMMISSION MEETING HELD NOVEMBER 20 , 1974 There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( f ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD NOVEMBER 124 19 ' 4 There being no discussion , the minutes were ordered by the Mayor to be received for filing . ( g ) APPLICATIONS FOR 1975 LIQUOR LICENSE RENEWALS ( M & C NO . 74 - 63 ) * Councilman Graves reported that it is the recommendation of the Council Liquor Cormittee that all licenses be renewed on a 90 - day conditional basis and that during that time the Council Liquor Committee meet with all licensees . Councilman Graves further recommended that a letter be sent out to the businesses explaining that the Council would meet with all licensees to review such matters as the zoning ordinance , state and local health codes , fire safety codes , liquor operation regulatory laws and similar applicable requirements . Mayor Fleetham and Councilman Meland stated that they would prefer to vote separately on Court Plaza. Inc . Councilman Thiel stated that he does not favor a conditional 90 - day license and would prefer having a letter sent to businesses 6 months or 90 days before renewal of licenses to ensure such compliances . 316 Council Minutes , December 2 , 1974 9 , ( g ) It was moved by Councilman Graves , seconded b renew all licenses for a 90 - da y Councilman Hanks , to of Court Plaza Inc . The mc, tloy c °nditiunal period with the exception passed o - 1 ( CO —ncilman Thiel opposed ) . It was moved by Councilman Graves , seconded by Councilman Hanks , to renew the license of Court Plaza Inc . for a 90 - day conditional period . The motion failed 3 - 4 ( Councilmen. Griak , Meland , Thiel and Mayor Fleetham opposed ) . It was moved by Councilman Hanks , seconded by Councilman Graves that the license for Bunnys and Anchor Inn not be renewed unless delinquent taxes are paid . The motion passed 7 - 0 . ( h ) REPORT OF CITY MANAGER (M & C NO . 74 - 65 ) RELATIVE TO LAND TRANSACTIONS 1 , Westwood Hills Donald McDonald , Vice President of Rudy Luther ' s GMC , stated that their company needed land for parking but would cooperate in any way possible , to negotiate an acceptable land trade . It was moved by Councilman Graves , seconded by Councilman Hanks , to request Chris Nelson to look at the proposed land trade proposal and the effects on the Environmental Education Center . The motion passed 7 - 0 . 2 , 2333 France Avenue It was moved by Councilman Druskin , seconded by Councilman Meland , to defer this matter until the abutting property owners are contacted . The motion passed 6 - 0 ( Councilman Graves was not present ) . ( i ) MINUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD NOVEMBER 23 , lc There being no discussion , the minutes were ordered by the Mayor to be received for filing . 10 , UNFINISHED BUSINESS ( a ) APPOINTMENTS TO BOARDS / COMMISSIONS Councilman G riak noted that Darlene SeisHuman � Rights021 SCommisstanlen Ron * should be listed as an applicant for theapplicant 3026 Cavell , should be removed as an app that Lloyd Arnovich , 5613 Wood Lane be and that the interview with Daniel L . Swedberg , rescheduled . ING , FRANKLIN AND PENNSYLVANIA AVENUES ( DEFERRED FROM ( b ) CLUSTER HOUS NOVEMBER 182 1974 ) Roanoke Building , Minneapolis , attorney Mr . Mitchel I . Kirshbaum , 54 spoke in P the Lamplighter Home Owners Assoinathenarea and submitted representing of cluster housing opposition to the conceptresidents ' views . He then forth the on behalf a Position Statement setting the proposed cluster housing presented a petition opposing 317 il `iinut �� s , Deccmber 2 , 197 Counc L0 . ( b ) o f the 1lomeowncrs Mr . Roger U1sta �1 Lepiesenting Neslund Co . t.: z• ged aPProval of the istc� r housproposed ing . After some discussion r1eGroakheseconded c l � , , i. t was moved by Councilman development conco t , lication , The motion carried by CouncllmaC1 Druskin , to deny the app unanimously . ( c ) DRIVLW AY ACCESS , 7900 NMINNETONKA BOULEVARD ( DEFERRED FROM NOVEMBER 18 , 1974 ) Donald Bus , attorney , IDS Center representing property owner , Mr . Marvin Wyman urged the Council to approve the permit . Mr . John Harrigan , �` Elaine Swenson , spoke in opposition to the attorney representing Mrs . repared a more detailed plan and review permit . �9.r . Wyman was to have p it with Mrs . Swenson . he Councilman Druskin stated that he had tried unsuccessfully` mwasrto cret equuestedtto two parties to reach an agreement and that Mr , y q prepare a detailed plan of the proposal . Mrs . Swenson stated she would look at any plans but doubted that this would change her ested issecondary Caccess � n Meland noted that the access that is being requ It was moved by Councilman Meland , seconded by Councilman Graves , to deny the permit based on the concerns voiced by the staff and Council The motion carried 6 - 1 , Mayor Fleetham voting nay , ( d ) SHELARD PARK LIGHTING PROJECT , IMPROVEMENT NO . 75 - 05 RESOLUTION N0 . 5176 It was moved by Councilman Griak , seconded by Councilman Graves , to waive reading and adopt Resolution No . 5176 entitled , " Resolution Calling Public Hearing , Improvement No . 75 - 05 , Shelard Park Street Lighting" . The motion carried 7 - 0 . ( Hear .ing was set for January 6 , 1975 ) . 11 . NEW BUSINESS ( a ) TABULATION OF BIDS - 1975 CIVIC CALENDAR It was moved by Councilman Griak , seconded by Councilman Graves , to designate American Color Press as the lowest responsible bidder and authorize execution of the contract . The motion carried 7 - 0 . Councilman Meland molyed that the company be permitted to place the union label on the calendar . The motion was seconded by Councilman Druskin and carried unan1m01ssly . ( b ) REVOCATION OF PORTIONS OF CSAH NOS . 16 AND 17 it was moved by Councilman Griak , seconded by Councilman Graves , to defer this matter to December 16 , 1974 . The motion carried 7 - 0 . 318 Council Minutes , December 2 , 1974 12 . MISCELLANEOUS ( a ) DAMAGE CLAIMS 1 . Gary G . Crossman , 6027 Cambridge Street 2 . R . J . Woodbury , 8710 Boone Court 3 . Galen R . Kim , 9014 Stanlen Road It was moved by Councilman Thiel , seconded by Councilman Griak , to file the above claims with the City Clerk for proper action by the City Manager and City Attorney . The motion carried 7 - 0 . ( b ) COMMUNICATIONS FROM CITY MANAGER 1 . Partial Payment - Westwood Hills - It was moved by Councilman G riak , seconded by Councilman Graves , to pay three - fourths of the condemnation award due as recommended by the City Attorney . The motion carried 7 - 0 . 2 . Meeting with State Legislators - Staff was directed to contact the City ' s representatives relative to setting up a meeting to discuss future legislation as it may affect the City . 3 , 1975 Calendar Delivery - The City Manager explained the various costs involved in delivering versus mailing the 1975 City Calendar . It was moved by Councilman Graves , seconded by Councilman Meland , to authorize door - to - door delivery of the calendar . The motion carried 5 - 2 , Councilman Druskin and Mayor Fleetham voting nay . 4 . Meetings - The Council was reminded of the Ethel Baston paving informational meeting to be held at 10 : 00 a . m . on December 7 , 1974 in C ity Hall and the meeting between the Council and 11 ) 19740 Hospital Board of Directors at 6 : 00 p . m . , December 13 . CLAIMS , APPROPRIATIONS AND CON1111111111111.....TRACT PAYMENTS ( a ) VERIFIED CLAIMS ves , seconded by Councilman Hanks , the On motion of Councilman Gra by the Director of Finance and lists of verified claims prepared 1974 in the total amounts presented to the Council dated December 2 , roved , of $ 5 , 457 . 93 for payroll and $ 135 , 732 . 85 for City Clerk , and City Treasurer were auvendors were thorized and the City Managers Same by a seven yea voteo to issue checks covering ( b ) CONTRACT PAYMENTS t No , 6 , Imp . Nos . 72 - 08 , 72 - 15 , 73 - 08 , and 74 - 39 , 1 , Partial Paymenutter . Contractor , H . J . A . Construction Inc . paving , curb and g Amount , $ 40 , 889 . 96 . No . 74 - 03 , bridge . Contractor , ent No . 3 � Imp ' $ 16 , 420 . 08 . 2 . Partial Paym Company Amount , Northern Contracting 319 Council MI'lutcs , Decomber 23 1974 13 . ( b ) 3 . Partia]. Payment No . 4 , Imp . Nos . 65 - 45B , 6 .5ow45D , 73 - 461 73 - 19 , and 74 - 31 , storm sewer , sanitary sewer and water main . Contractor , NorLhdale Construction Go . Amounr. , ' 22 , 390 . 93 . 4 . Partial Payment No . 9 , Imp . No . 72 •- 40B , water treatment plant # 16 . Contractor , Ado .lfson & Peterson , Inc . Amount , $ 33 , 773 . 40 . 5 . Partial Payment No . 10 , Imp . No . 72 - 28 , street improvement , water main , pedestrian bridge . Contractor , Shafer Contracting Co . , Inc . Amount , $ 9 , 506 . 50 . 6 . Partial Payment No . 7 , Imp . Nos . 73 - 09 , 73 - 401 73 - 45 , and 74 - 01 , paving , curb and gutter . Contractor , Minnesota Malley Surfacing Co . Amount , $ 57 , 8 + 7 . 47 . 7 . Partial Payment No . 1 , Imp . No . 74 - 46 , remodeling lift station . Contractor , Northern Contracting . Amount , $ 58 , 312 . 57 . It was moved by Councilman Meland , seconded by Councilman Graves , to approve and authorize above payments . The motion carried 7 - 0 . 8 . Final Payment , City Hall Remodeling . Contractor , Berglund - Johnson , Inc . Amount , $ 4 , 061 . 27 . RESOLUTION N0 , 5177 It was moved by Councilman Meland , seconded by Councilman Graves , to waive reading and adopt Resolution No . 5177 entitled , " Resolution Accepting Work , Remodeling City Hall " . The motion carried 7 - 0 . 9 . Final Payment , Imp . No . 73 - 23 , bus plazas . Contractor , Victor Carlson & Sons , Inc . Amount , $ 8 , 035 . 31 . RESOLUTION NO . 5178 It was moved by Councilman Meland , seconded by Councilman Graves , to waive reading and adopt Resolution No . 5178 entitled , " Resolution Accepting Work on Bus Plazas , Improvement No . 73 - 2311 . The motion carried 7 - 0 . 14 . ADJOURNMENT On motion of Councilman Thiel , seconded by Co ilman G risk , the meeting was adjourned at 1 : 01 a . m , by a seven yea tP 1 Fran G . FIeetham , Jr , , mayor Attest : ShIrley H i1 Q _ o and , Actb . Secretary 320