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HomeMy WebLinkAbout1957/12/23 - ADMIN - Minutes - City Council - Regular 255 Council Meeting - December 23, 1957 II/ A regular meeting of the City Council was called to order by Mayor R. C. Fernstrom at 8:09 p.m. Invocation was given by Rev. Stuart Dale of the First English Lutheran Church. The following Councilmen were present at roll call: H. C. Davis Robert Ehrenberg Torval Jorvig Gene Schadow et Kenneth Wolfe et R. C. Fernstrom "'a Also present were the City Manager, City Attorney, City Manager Interne and the Secretary. Minutes - 4 On motion of Councilman Wolfe, seconded by Councilman Jorvig, the minutes of meeting held December 16, 1957, were approved by unanimous vote of six members of the Council present. Public Hearing on Proposed Bridge Construction - 5a Public hearing was had on the proposed bridge construction at Minnetonka Boulevard over the Great Northern Railway, as described in notice of hearing pub- lished December 12 and 19, 1957, in the St. Louis Park Dispatch. No one appeared. Resolution No. 522 On motion of Councilman Wolfe, seconded by Councilman Davis, Resolution No. 522, entitled Resolution Ordering Bridge Construction, was adopted by unani- mous vote of six members of the Council present. . Public Hearing on Proposed Rezoning - 5b Public hearing was had on the proposed rezoning of property at Minnetonka Boulevard and Joppa Avenue as described in Notice of Hearing published December 12, 1957, in the St. Lour Park Dispatch, from Residential Use District to Multiple Dwelling Use District, from 2 1/2 Story Height District to 6 Story Height District, and from T"AT" Density District to "DT? Density District, by Wm. B. Lee. Councilman Ehrenberg reported that Clarence Bros, representing the Board of the Star of Bethlehem Home, had informed him that the Board of Star of Bethlehem Home were not opposed to the change. 256 December 23, 1957 Public Hearing on Proposed Rezoning continued An ordinance amending the zoning ordinance of the City of St., Louis Park rezoning the property at Minnetonka Boulevard and Joppa Avenue,- was presented to the Council. - On motion of Councilman Davis, seconded by Councilman Jorvig, the first reading of Ordinance Amending the Zoning Ordinance of the City of St. Louis Park ._ (rezoning the property at Minnetonka Boulevard and Joppa Avenue) was waived and ' the second reading was set for December 30, 1957, by unanimous vote 'of six members of the Council present. - l Request for Approval of Final Plat of Texas Terrace Third Addition - 6a Request for approval of final plat of Texas Terrace Third Addition, by Richard Neslund, and advice from Secretary to Planning Commission that final plat conforms with the approved preliminary plat and is in proper form, except-as' follows:' 1. Lot 3 does not have a width of 75 feet nor 9000 sq. ft. as shown on the preliminary plat. 2. Set-back line along Texas and 16th is not shown.(line along 16th is necessary due to intended platting of other lots in block front facing 16th) . Thus any reduction in lot width should be other than the corner lot. The above was referred to the Council. A motion was made by Councilman Davis, seconded by Councilman Schadow, that the Plat be redirected to the platter with the instructions that he conform to the preliminary plat of Texas Terrace Third Addition approved December 9, 1957. Motion passed by unanimous vote of six members of the Council present. Resolution Regarding Personnel Rules and Regulations - 7a Resolution Providing for Adoption of Amended Personnel Rules and Regulations, was presented to the Council. Resolution No. 521 On motion of Councilman Davis, seconded by Councilman Schadow, Resolution No. 521, entitled Resolution Providing for Adoption of Amended Personnel Rules and Regulations, was adopted by unanimous vote of six members of the Council present. First Reading of Proposed Ord. Auth. the Transfer of Funds - 7b First reading of proposed ordinance authorizing the transfer of funds, was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Schadow, the-first reading of Ordinance Authorizing the Transfers of Funds and Providing Appropriations for Salary Increases for Year Ending December 31, 1958, was waived and the date set for second reading to be December 30, 1957, by unanimous vote of six members of the Council present. 2A57 December 23, 1957 Second Reading of Proposed Ord. Amending The Zoning Ordinance-E. F. Redlin - 7c Second reading of proposed ordinance Amending the Zoning Ordinance (requested by E. F. Redlitr) tabled by Council November 25, 1957, was taken from the table on motion of Councilman Ehrenberg and seconded by Councilman Wolfe. Motion passed by unanimous vote of six members of the Council present. Ordinance No. 602 On motion of Councilman Davis, seconded by Councilman Jorvig, the second ./ reading of Ordinance Amending the Zoning Ordinance (part of Lot 8, all of p, 9 and 10, Block 45, Rearrangement of St. Louis Park, Lot 3, Block 45, St. Louis Park Addition)was waived and the Ordinance was adopted by unanimous vote of six members of the Council present. Report Regarding Drainage Situation Concerning Village of Minnetonka - 8a Report regarding drainage situation concerning the Village of Minnetonka and the City of St. Louis Park was presented by the City Manager. The City Manager gave an oral report on his meeting with the Engineer of the Village of Minnetonka, regarding the drainage situation, that they have not reached an agreement. However, he is going back to his Council for further approval and then he will report back to us. On motion of Councilman Davis, seconded by Councilman Wolfe, the report 11/ was ordered filed by unanimous vote of six members of the Council present. Report on Reduction of Firemen's Working Hours - 8b Report on effects of possible reduction of firemen's working hours was presented by the City Manager. A motion was made by Councilman Davis, seconded by Councilman Schadow, that the work week of fireman be reduced to 61 hours per week and second that the department be expanded by one fireman. Motion passed by four yeas and two nays. Councilman Ehrenberg and Councilman Wolfe voting nay. Preliminary Report of Director of Public Works on Improvement No. 57-70 - 8c Preliminary report of the Director of Public Works and recommendation of the City Assessor with respect to storm sewer, surb and gutter, and sidewalk, Improvement No. 57-70, was presented to the Council. Resolution No. 523 On motion of Councilman Schadow, seconded by Councilman Jorvig, Resolution No. 523, providing for public hearing on January 13, 1958 for Improvement No. 57-70, was adopted by unanimous vote of six members of the Council present. 2.58 December 23, 1957 Regarding Proposed Aquila Park Site - 9a A proposed 120 day option from Landers-Norblom-Christenson Company for purchase by the City for $58,000.00 the proposed Aquila Park Site, in the NE4 of Section 18, Township 117, Range 21, was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Schadow, to approve the terms of the option and to authorize the Mayor and City Manager to execute the same in behalf of the City and pay the sum of $10.00 for same, upon approval of the form of the option by the City Attorney. Motion passed by unanimous vote of six members of the Council present. Tabulation of bids on Two Passenger Automobiles - 9b Tabulation of bids on two passenger automobiles, taken December 18, 1957, was received. It was moved by Councilman Davis, seconded by Councilman Wolfe, that the recommendation of the City Manager be accepted designating Brellenthin Chev- rolet as the lowest responsible bidder and that we purchase two four-door pass- enger automobiles at a net cost of $3,150.00. Motion passed by unanimous vote of six members of the Council present. Regarding the Drive-In Restaurant at Dakota Ave. Ea W. Lake Street - 9c Report of the Planning Commission (Case 57-85-SP) recommending, with conditions, the revocation of Special Use Permit granted by Resolution 490 for the operation of a drive-in restaurant at Dakota Avenue and West Lake Street - and traffic survey study by the City Manager (requested December 9, 1957), was presented to the Council. The City Manager read the report of Robert G. Peterson, Traffic Engineer, dated December 20, 1957. James D. Zien and his Attorney Mr. Edelman were present. The traffic situation and Traffic Engineer's report was discussed by Richard Moldestad, Leo Schultz, Art Meyers, Dr. I. H. Posnick, A representative from Park Drug, Mr. Ea Mrs. Howard Geroge and H. J. Ratelle, attorney for the opposing group, Arnold Levitt, William J . Wallace and Mrs. Henry Morris. A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, that the Planning Commission's report and Mr. Peterson's Traffic report be placed on file. Motion lost on roll call vote: Councilman Davis, yea; Councilman Ehren- berg, yea; Councilman Jorvig, nay; Councilman Schadow, abstained from voting; Councilman Wolfe, nay; Mayor Fernstrom, nay. Councilman Jorvig asked if action could be deferred until January 20, 1958 to allow time for additional data to be received, that was being assembled by opposition group, which Art Meyers said would take from 2 to 3 weeks. 25`9 December 23, 1957 Drive-In - continued A motion was made by Councilman Jorvig, seconded by Councilman Wolfe, that the Building Permit Number 15708 issued November 6, 1957 to James D. Zien to construct a Drive-In Restaurant at the Northeast corner of Dakota Avenue and West Lake Street (6320 West Lake Strett), be suspended and no construction authorized pursuant to said permit until January 14, 1958. Motion passed by the following roll call vote: Councilman Davis, nay; Councilman Ehrenberg, nay; Councilman Jorvig, yea; Councilman Wolfe, yea; Councilman Schadow, abstained from voting; Mayor Fernstrom, yea. Councilman Ehrenberg requested that the following statement be entered 1-4 in the minutes) ex Gentlemen, I speak against the motion to temporarily rescind this permit. I am ""D not happy with the council's decision to grant this permit. I feel a mistake was made in its issuance. I am not under the delusion that "drive-inM'play an inte- gral part in our community life. There is much doubt in my own mind as to the cultural contribution a "drive-in" makes, and I am sure that there are other businesses that do far more to enhance property values and share our tax burdens. HOWEVER, I do not feel that this is the issue at hand. We, as a council, (and on the advices of our Planning Commission) did issue a permit to a business that is considered legitimate, honorable, and legal in every sense of the word. This permit was granted to this business in a zoning which conformed in every way with the in- "' tended use. The permit, during its consideration, followed every normal channel and process required by our present ordinances. There were no shortcuts; there was no pressure by the petitioner on either the Planning Commission or the Council, to expedite or hasten the issuance of this permit. Whether the Council's action in issuing this permit was wise, I do not know . .. . I do know that men make mistakes in exercising discretion and judgment. The issue in this case is whether the council once having issued a permit through its laws can arbitrarily revoke the permission it has once granted to a party who petitioned in good faith. If this precedent is established, then it can be applied to any permit issued by the council to any business or any citizen in this i community! Rescinding of this permit means that any permit can be rescinded by the precedent established here to night. Such a precedent means that no person or no businessman can ever feel secure in the permission given him legitimately by ' this governing body. Gentlemen, if this rescinding action is allowed, you nor I nor anyone in this audience can ever expect to encourage further residential or business development in St. Louis Park. If one mistake was made -- another mistake can hardly correct it. It merely makes for the compounding of an error that can have far more disasterous consequences. Quit Claim Deed - 9d A motion was made by Councilman Davis, seconded by Councilman Jorvig, to accept' the deed of Russell L. Strang and Estelle B. Strange, husband and wife, dated December 18, 1957 for the north 5 feet of Lot 9; the north 5 feet of the West 10 feet of Lot 8, and the north 5 feet of the E 18 feet of Lot 10, Blk. 45, Re- arrangement of St. Louis Park, for street purposes. Motion passed by unanimous vote of six members of the Council present. 260 December 23, 1957 Purchase of Steel Desks - 10a A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to approve the purchase of 14 steel desks. Motion passed by unanimous vote of six members of the Council present. Appointment of Paul J. Hays As Civil Engineer II - 10b The City Manager proposdd the appointment of Paul J. Hays as probationary Civil Engineer II, effective January 6, 1958. On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the Councilman gave its consent and approval to the City Manager's appointment of Paul J. Hays as probationary Civil Engineer II, effective January 6, 1958, by unanimous vote of six members of the Council present. Bonds - lla On motion of Councilman Wolfe, seconded by Councilman Jorvig, the follow- ing bonds which have been approved by the City Attorney were accepted by unanimous vote of six members of the Council. present. Domestic Heating Co. Inc. Gas Bernard P. Mooney dba Mooney's Gas Domestic Heating Co. Inc. Heating Madsen Service Heating Mooney's Heating Mooney's Plumbing Crown Sign and Construction Co. Signs Dahlen Sign Co. Signs Macey Signs, Inc. Signs Verified Claims - 12a On motion of Councilman Davis, seconded by Councilman Ehrenberg, the lists of verified claims prepared by the Director of Finance and presented to the Council dated December 23, 1957, in the total amounts of $631.54 for payroll, and - $62,583.14 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of six members of the Council present. Councilman Jorvig left at 11:20 p.m. Payments on Contract Work - 12b On motion of Councilman Ehrenberg, seconded by Councilman Schadow, the following payments on contract work, presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amounts, by unanimous vote of five members of the Council present. Partial Payment Certificate No. 1 Grading & Bituminous Surfacing Project No. 56-46 Contractor, Fischer Construction Company Contract Price, $21,258.07 Contract Date, September 23, 1957 Amount of this payment, $4,000.24 461 December 23, 1957 Contract Payments - continued Partial Payment Certificate No. 2 2" Bituminous Surfacing Project Nos. 56-22 & 56-70 thru 76 Contractor, Earl A. Sewall Co. Contract Price, $18,182.50 Contract Date, June 10, 1957 Amount of this payment, $309.97 CD Partial Payment Certificate No. 3 Grading, Bituminous Surf. & Storm Sewer Project Nos. 57-35 thru 57-38 & 55-51 Contractor, M. E. Kraft Company `D Contract Price, $22,789.80 Contract Date, July 29, 1957 Amount of this payment, $5,747.58 Partial Payment Certificate No. 3 Watermain Construction Project Nos. 57-14 thru 57-17 Contractor, John DeGidio Construction Company Contract Price, $26,637.00 Contract Date, August 22, 1957 Amount of this payment, $509.66 Final Certificate 4" Oil Stabilizing, Impr. Nos. 56-77 thru 84 & 56-91 Contractor, Earl A. Sewall Company Contract Price, $33,404.00 Contract Date, June 10, 1957 Amount of this payment, $2,212.23 Agenda to Close 4:30 p.m. on Thursdays - 12c A motion was made by Councilman Wolfe, seconded by Councilman Davis, that the agenda be closed at 4:30 p.m. on Thursday of each week. Motion passed by unanimous vote of five members of the Council present. Appointment of F. C. Esterly .Jr. to Fire Civil Service Commission - 12d Mayor Fernstrom reappointed Frank Curtis Esterly, Jr. to the Fire Civil Service Commission for the term of 3 years beginning September 20, 1957 and ex- piring September 20, 1960. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the re-appointment of Frank Curtis Esterly, Jr. to the Fire Civil Service Commission for temm beginning September 20, 1957 and expiring September 20, 1960, was 111 approved, by unanimous vote of five members of the Council present. 262. December 23, 1957, Meeting Adjourned - 13 On motion of Councilman Ehrenberg, seconded by Councilman Schadow, the meeting was adjourned at 11:40 p.m., by unanimous vote of five members of the Council present. 171,-7----);; )1 R. C. Fernstrom, Mayor Attest: osep Just , Secretary