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HomeMy WebLinkAbout1974/07/15 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA July 15 , 1974 CALL TO ORDER 1 A regular westing of the City Council was called to order by Mayor Fleetham at 8 : 01 p ' m ' 1 . LOCATION No invocation was given . ROLJ L ilmen were present at roll call : The following Counc Keith Meland Leonard Thiel Seymour Druskin Rose -Mary Griak Lyle Hanks Frank Fleetham Assistant City Manager , City Attorney , ty Manager , Also present were the Ciks , and Acting Secretary . Planning Director , Director of Public Wor Councilman Graves arrived at 8 : 10 p . m • 4 . MINUTESthe minutes of anksseconded by Councilman Griak , ea vote . On motion of Councilman July 1 , 1974 were approved by a 6 - 0 y the regular meeting 5 , AGENDA the agenda seconded by Councilman Hanks , additions : a 6 _ p yea vote , with the following Management Session ; On motion of Councilman Meland , Team of July 15 , 1974 was approved by Reform ; Item 11 ( c ) , Item 11 ( f ) 2 Item 10 ( c ) , Campaign 11 ( e ) $ Schedule - Six Months , Item 10 ( b ) , CATV ; . Item Item 11 ( d ) , Actuarial Cltemlll(g) , Employee Lists Sidewalk Construction ; - 161 - Cou.ncil Minutesq July 15 , 1914 6 o PUBLIC REA__INGS COMPREHENSIVE PLAN y AREA BOUNDED BY HIGHWAY ( a ) PROPOSED AMENDMENT TO WEST 36TH STREET EXTENDED AND WEST BURLINGTON NOR THER-'� RAILWAY BgA1�iCH , S DESCRIBED IN NOTICE OF HEARING PUBLISHED JaTE 27 MUNICIPAL BOUNDARY , A 1914 nformed the Council that the property owner involved has Mayor Fleetham i asked that this matter be de ere being no one present wishing to speak on the matter , it was moved Th eye Thiel , seconded by Councilman Meland , to defer this matter for a period of ninety dayso The motion carried 6m0o ( Councilman Graves was not present ) ( b ) PROPOSED AMENDMENT TO COMPREHENSIVE PLAN CENTRAL AREA BETWEEN DAKOTA AVENUE , OAK HILL PARK , HIGHWAY 7 AND MINNETONKA BOULEVARD , AS DESCRIBED Ifi NOTICE OF HEARING PUBLISHED JUNE 27 , 1974 Mayor Fleetham opened the hearing , The Planning Director gave a brief presentation explaining the proposed amendment to the comprehensive plan , There being no one present wishing to speak , the Mayor declared the hearia: closed , i RESOLUTION NO , .5089 It was moved by Councilman Thiel , seconded by Councilman Graves , to waive reading and adopt Resolution No ., 5089 entitled " Resolution Amending the Comprehensive Municipal Plan of the City of St , Louis Park in Accordare with Minnesota Statutes 462 , 355 , 1r The motion carried 7 � 0 , ( c ) PROPOSED AMENDMENT TO COMPREHENSIVE PLAN COMMERCIAL SECTION OF THE COMPREHENSIVE PLAN TEXT = DEALING WITH LAND USE POLICIES ON MINNETONKA BOULEVARD , EXCELSIOR BOULEVARD CEDAR LAKE ROAD LAKE STREET , HIGHWAY 11 ; HIGHWAY 7 , AND THE KNOLLWOOD TARGET AREA , AND SHELARD PARK , AS DESCRIBED IN NOTICE OF HEARIN(; PUBLISHED JUNE 27 , 1974 Mayor Fleetham opened the hearing , There being no one present wishing closed ; to speak , the Mayor declared the hedTl' RFso� INo 5090 Following a brief discussion between Council members relative. to C13s = Restaurants and the " uses lists , moved Councilman gland in the Co rehensive Plan , it was seconded by Councilman rGri ak , to waive reading and � �` ,, Resol �. ition No = 5090 Plan of the Y of entitled " Resolution Amending the Comprehensive •ures �, Cit Louis ut ° The motion carried ; _ 0 , Park in Accordance with Minnesota Stac 162 . ,,. ! 1 Minutes . July 15 , 1974 DML, IC HEAR1Nt,S ( cont. ' d ) fid ) PROPOSED AMENDMENT TO COMPREHENSIVE PLAN - BASS LAKE AREA _ BETWEEN EXCELSIOR BOULEVARD THE CHICAGO NORTHWESTERN RAILRDAD , FRANCE AVENUE AND BELT LINE BOULEVARD , INCLUDING THE ACME LLIPMER COMPANY SITE , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 27 , 1974 Mayor Fleetham opened the hearing . The Planning Director gave a brief presentation of the proposed amendment . Mhz . Co J . Halligan , 3344 Glenhutst Avenue , informed the Council that the neighborhood group he represented was in agreement with the proposed plan . There being no one further wishing to speak , the Mayor declared the hearing closed . Mayor Fleetham informed the Council that he would be against the connection of France Avenue and Belt Line Boulevard anytime in the future . Councilman Graves asked staff to alert the Council if any heavy industrial businesses desired to enter this particular area . Councilman Thiel moved , and Councilman Hanks seconded the motion that a building moratorium be placed on any construction in the area south of the proposed Belt Line Boulevard extension , east by France Avenue , West end of Randall , and that the moratorium continue until a PUD Plan for that area can be acted upon by the City Council . The motion carried 7 - 0 . ( e ) PROPOSED AMENDMENT TO COMPREHENSIVE PLAN - OPEN SPACE SECTION - DEALING WITH TRAILS AND PEDESTRIAN 4AYS AND PRESERVATION OF PUBLIC OPEN SPACES , PONDS AND LAKES , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 27 , 1974 It was moved by Councilman Meland , seconded by Councilman Graves , to defer this matter until September 3 , 1974 . The motion carried 7 - 0 . � . PETITIONS , REQUESTS AND COMMUNICATIONS ( a ) COMMUNICATION REQUESTING INCREASE IN CAB FARES Councilman Hanks stated that he is very tinterested axi yin the possibility of Golden Age cards being accepted by the Mr . Bierbauer , 7004 Excelsior Boulevard , representing Town e by Taxi Company , stated that discount books for citizens nies , not suburban cab companies . Minneapolis cab compa - 163 -- ` ��►� �.° fl Mt �1uc � r , .lit l ',v 15 , 1914 7 . ; h ' f [ Ni:� 1 NutflaABE 1N CAb 1�'AKKB ( cont d ) ( a ) COMMUNICATION, 1411,' 91111"ION or Fleetham , Mr . Bierbauer stated �� � � ss to a aria e t ton C tom MaY �t In rtr ° 1' does not have ruff icient revenue to give dissn�t # to '.1'c)wn '1' axi (, ampanYt„� t Chat the dr' tverR union to working with tbs ftt sat� ic, r c it isanr , oosibility of Town Taxi transpottiQg Citi Bierbauer Transit COO104 scion of' t ho 10 p in the rate cost . Mro stats{ p� brim stop % and the MTC os � s niinic ipal ity , St . paul , Moho give discounts too he has heard �' t only andt. cli pedp tta also stated rhdt heabecomaanies of business etsou� Golden Agti cards , not only thc� trait P Councilman Druekln fn f or. mc� ci the Cwhich , inaef fecto tells these bm t r �' to Not up a program of this typo which , stir, Chair buri.nesb . ct h im and Councilman `I'hie+ l suggested thefts �lcederatesrgoingato the MTC discus Cas�ss � possibilities of the matter of im It wgs moved by Councilman, planks , seconded by Councilman Meland , that 1ft to future requests by Town. Taxi Company to approve a rate Increase ,, tmya: some type of a proposal of the use of Golden Age Cards or reduced tats Iles senior citizens for the Council ' s consideration . The motion carried lot 8 , RESOLUTIONS AND ORDINANCES ( a ) SECOND READING OF ORDINANCE REGULATING FENCES . ORDINANCE N0 , 1268 It was moved by Councilman Graves , seconded by Councilman Grisk , t 1114tw second reading and adopt Ordinance No , 1268 entitled " An Ordinance the Construction and Maintenance of Fences , Declaring Pence $ to be a 040 Under Certain Conditions and Providing a Penalty for Persons Coast rx to or Permitting Such Fences , ” The motion carried 7 . 0 . ( b ) RESOLUTION PR(CMIBITING PARKING ON SECOND STREET NORTHWEEST , COW OW TO LOUISIANA AVENUE ( AUTHORIZED JULY 19 1974 ) RESOLUTION NO 5092 rt was moved by Councilman Meland seconded by Councilman brisk * to r reading and adopt Resolution No , 5092 entitled "Resolutloe AutWiSM is Placement of Traffic Control Signs Regulating Parking , " The 09144 � ( Councilman Graves was not present ) - 164 - SII Minutest July 15 . 1974 LirIIUNS AND ORDINANCES ( Cont ' d ) ( G ) fIgSj READING OF ORDINANCE REPEALING SECTION OF ORDINANCE CODE SETTING DA'I'S OF REIMBURSEMENT FOR USE OF PERSONAL AUTOMOBILES FOR CITY BUSINESS It was moved by Councilman Griak , seconded by Councilman Thiel , to waive first reading and set second reading July 29 , 1974 . The motion carried 6 - 0 . ( councilman Graves was not present ) (a ) RESOLUTION REQUESTING REIMBURSEMENT FUNDS FOR COSTS OF BASIC TRAINING OF POLICE OFFICERS RESOLUTION NO , 5093 It was moved 'by Councilman Thiel , seconded by Councilman Griak , to waive reading and adopt Resolution No . 5093 entitled " Resolution Requesting Reimbursement Funds for Costs of Basic Training of Police Officers . " The motion carried 644 ( Councilman Graves was not present ) REPORTS OF OFFICERS BOARDS AND COMMITTEES ( a ) �nNUTES OF HOUSING AND REDEVELOPMENT AUTHORITY MEETING HELD JUNE 25 , 1974 There being no discussion , the minutes were ordered by the Mayor to be received for filing ° ( b) REPORT OF CITY MAN-AGER (M . & C . N0 , 74 - 37 ) RELATIVE TO EMPLOYMENT OF CONSULTANT � PARKS , STREETS AND UTILITIES , OAK PARK VILLAGE i1m It was moved by Councilman Griak , seconded besPCounci onsibleabidder nand tauthorize designate Car ter Krueger Company as loaves ary contract . The motion the Mayor, and City Manager to execute the necess carried 7W0 * ( c ) REPORT RELATIVE TO RECONVEYANCE OF TAX FORFEITED LANDS RESOLUTION N0 . 5094 It was moved by Councilman Griak , seconded by Councilman Meland , to ado t Resolution No , 5094 enionritled carrRedo7u0 , on waive reading and p The mot Reconveyance of Tax For Lands . ( d ) " BAN THE CAN " STATUS REPORT legislation Councilman Griak stated that she still supports statewide on non - retu.rnablese it would an the Can " becomes state law , k eal the ordinance . The motion failed Councilman Thiel stated thatm��eaBto r. ep include St , Louis Park , an for lack of a second ,�16 5 o-_ Council Minutes , July. 15 , .1974' OAR-U5 AND COMMITTEES ( Cant ' d ) 100 REPORTS OF OFFIC_ 14:RS BOARDS ( a) " BAN THE CAN " STATUS REPOR`1' ( Cont ' d ) by -roved by Councilman Meland , Sen ° �� eaune 1 � u197 .5maandrdirectio It was n ng defer the effective date of cemamending same July 29 , 1974 , staff to bring back an and Councilman Thiel seconded the motion to limit Councilman Griak moved , Councilman Graves , Councilman Hanks and debate , The motion failed 4 '- 3 ' Mayor Fleetham voting nay , Mayor Fleetham stated that he does not think an ordinance of this type could be effective on the local level as in effect , it is denying businesses sale of a product , Upon a roll call vote , the motion carried 6 � 1 , Councilman Hanks voting nay . Councilman Hanks stated that his nay vote in this motion was the matter of the effective date being placed in the motiono RESOLUTION N0 , 5095 It was moved by Councilman Hanks , seconded by Councilman Graves , to adopt Resolution No . 5095 entitled "Resolution Urging Adoption of National Container Policy , " The motion carried 7 - 0a ( b ) CABLE TELEVISION Mayor Fleetham informed the Council that Jerry Polinsky , holder of the CATV franchise , was requesting an indication from the Council as to its intentions relative to the requested transfer of the franchise interest from Warner Cable Company to Cable Media , Following a discussion on various alternatives open to the Council , including transfer or acceptance of new proposals , the City Attorney w" directed to look into the legalities of transfer and affects of State Laws regulating CATV , Councilman Thiel indicated his desire to have researched the City ' s legal obligations to the other firms in contention for the original franchise , He stated that in the event the State Cable Commission controls such transfer , the Attorney should look into the r9l"Oto . of action open to the City against Warner Cable Company . Mayor Fleetham stated that if the Federal Cormnunications Covwission s10 its proposed rules , it is quite likely that both the City and State many of its oontrols in the issuance offranchisesCouncilman Hanks , requested information as to at changes in the franchise e Cable � �s Company proposes . Councilmfar Of an whthe the ordinance for Griak stated that she was not In sfer gf the CompanyCable Media , but would support the tram would comply with the present ordinance requirements . - 166 `� „` il 4inutes , July 15 , 1974 �EP�IRTS OF OFFICERS BOARDS AND COi MIT1l. ES ( c ) ont ' d ( b ) a, uncilman Thiel moved , and it was seconded by Councilman Hanks , that staff research the alternatives open to the Council relative to the CATV franchise , including : Legal obligations to select one of the two remaining companies in the final selection ; if some interested , u+ at obligations , if any , the City would have to solicit proposals from the entire six companies originally soliciting the franchise ; affect of State Cable Regulations ; legal courses of action open to the City against the Warner Cable Company ; and , proposed changes in the franchise ordinance proposed by Cable Media , The motion carried 7 - 0 , ( c ) CAMPAIGN REFORM The Mayor asked for a status report from the Council Committee working on campaign reforms . Councilman Meland indicated that a report will be submitted to the Council in the near future . 11 . NEW BUSINESS ( a ) DUES - ASSOCIATION OF METROPOLITAN MUNICIPALITIES It was moved by Councilman Graves , seconded by Councilman Hanks , to pay the 1974 - 1975 membership dues ef ' the LAesociatfan - of `Metr6pollran Municipalities in ' the sum of $ 3 , 458 . 00 and the National League of Cities dues in the sum of $ 500 . 00 . The motion carried 74 . ( b ) APPOINTMENTS TO HUMAN RIGHTS COMMISSION Action was deferred until interviews could be scheduled , ( c ) TEAM MANAGEMENT SESSION Mayor- Fleeth am requested the Council to consider the possibility of having this type of thing for Council and Staff . ( d ) ACTUARIAL CONSULTANT (M , & C . NOe 74 - 35 ) The City Manager reviewed the report on pension plan evaluations requested by the Council in January , 19740 He stated that if the Council wished to thoroughly review the present pension program , that a professional consultant with expertise in such areas , be retained to develop meaningful evaluations and explore alternatives for consideration . Councilman Graves indicated that such a fee ng the�Council Onpension sulting rvices ofinancing . very cheap considering the problem confrould be nting Councilman Druskin stated that he agrees a study is needed , not just ous alternatives open to the Council for reviews recommendations , but vari Councilman Graves , thatthe four rlotion carried 7 - 0 Councilman Thiel moved , seconded by Council on July 30 , suggested firms be interviewed by 1 67 �w council Miautos , July 15 , 1974 l l . NEW DUS1' NESS ( cont ' d ) ( a ) $ Gt1Llll10E - STS MONTHS . The Mayor requested staff to prepare a schedule of the activities involving six months • the Council for the next ( t ) SIDEWALK CONSTRUCTION ON BALL IGrIT formed they Council of the elderly citizens who walk from Flac� t�iam informed to Minnetonka Boulevard and do not have the their apartments on Raleigh convenience of sidewalks . RESOLUTION N0 . 5097 Following a brief discussion on alternate locations of the sidewalk , it was moved by Councilman Thiel , seconded eCouncilman ResolutisCallingwaive Public reading and adopt Resolution No . 5097 entitled on Hearing on Improvement No . 74 - 47 , Sidewalk , " and set public hearing for ,duly 29 , 1974 on this sidewalk project . The motion carried 7 - 0 . ( g ) EMPLOYEE LISTING Councilman Druskin requested staff to furnish him with a list of all City Employees and the departments which they work in . 12 . MISCELLANEOUS ( a) DAMAGE CLAIMS 1 . Greg Bonstrom , 2910 Vernon Avenue It was moved by Councilman Graves , seconded by Councilman Hanks , to file claim with the City Clerk for proper action by the City Manager and City Attorney . The motion carried 7 - 0 . ( b ) DISCUSSION OF SIDEWALK REMOVAL POLICY (M . & Co N0 . 74 - 36 ) It was moved by Councilman Thiel , seconded by Councilman Meland , to adopt the guidelines as proposed by the staff . The motion carried 74 . ( c ) COMMUNICATIONS FROM CITY MANAGER 1 . Sale of Beer on City Park Property The City Manager informed the City Council that requests have be®a da to allow the sale of beer for several ball games in Aquila Park . " 168 - X0t1 4j uLes , July 15 , 1974 "£ LLAN' OU'S ( Cont ' d ) ( C ) COKIN ICAT 1ONS FROM CITY M&NAGER ( Cont ' a ) 1 , cont ' d Councilman Thiel indicated that the Parks and Recreation Commission discussed this matter at its last meeting and reconrieDded , subject to the approval of the City Attorney , that beer be sold at the Regional Softball Tournament on August 24 and 25 , 1974 : Following a brief discussion on liability of the City , COunciiman Thiel roved , seconded by Councilman Gi iak , that staff investigate such sales activity in Cit Parks , including , Precedents established and City liability under the Dram Shop Act 2 . Easement on Yosemite Avenue It was moved by Councilman Meland , seconded by Councilman Graves , to grant the proposed easement on Yosemite Avenue to allow construction of a loading dock , The motion carried 7W0 , 13 , CLAIMS , APPROPRIATIONS AND CONTRACT PAYMEENTS ( a ) VERIFIED CLAIMS On motion of Councilman Graves , seconded by Councilman Hanks , the lists of verified claims prepared by the Director of Finance and presented to the Council dated July 15 , 1974 , in the total amounts of $ 18 , 083 . 84 for payroll , and $ 381 , 007 . 20 for vendors were approved , and the City Manager , City Clerk and City Treasurer were authorized to issue checks covering same by a 7 - 0 yea vote , ( b ) PATENTS ON CONTRACT WORK RESOLLrTION N0 , 5096 On motion of Councilman Hanks , seconded by Councilman Graves , the following ion Accepting Work on General Construction Resolution No . 5096 entitled " Resolution Swimming Pool Y Ice Arena Recreation Facility " for payment on contract work presented by the City Engineer was approved and the City Manager , City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a 7 = 0 yea vote . � 169 - 4��un VIVIty 1974 14bY C; auttc ilman Griak , the meeting was , ���ut�c1 iton Ai+� t �tnti , ooc� �z� �t ® t1n pot tail eVIi.. b?' '� l � Q �� adjour»od at 11 N FRANK FLEETHAM , JR , MAYOR ATTICS IX NIA AI . KRTk`. R: ()N , ACTING SECRETARY Ae • 170 -