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HomeMy WebLinkAbout1958/01/13 - ADMIN - Minutes - City Council - Regular 2'7"5 Council Meeting - January 13, 1958 A regular meeting of the City Council was called to order by Mayor H. P. Lefler at 8 p.m. Invocation was given by Rev. Glen Carlsen of the Westwood Lutheran Church. The following Councilmen were present at roll call: H. J. Bolmgren H. C. Davis 1-1 In Robert Ehrenberg ett Torval Jorvig D. C. Messer Kenneth Wolfe H. P. Lefler Also present were the City Manager, City Attorney, Assistant to the City Manager, ,City Manager Interne and the Secretary. Minutes - 4 On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the reading of the minutes of meeting held January 6, 1958, was waived and the minutes were approved by five members of the Council voting yea. Mayor Lefler and Council- man Messer not voting. Public Hearing on Proposed Storm Sewer. Curb & Gutter & Sidewalk Impr. 57-70 - 5a Public hearing was had on the proposed storm sewer, curb and gutter and sidewalk construction, Improvement No. 57-70, as described in Notice of Hearing published January 2 and 9, 1958 in the St. Louis Park Dispatch. No one appeared. Resolution No. 528 presented for adoption. On motion of Councilman Wolfe, seconded by Councilman Davis, Resolution No. 528, entitled Resolution Ordering Storm Sewer, Curb and Gutter, and Sidewalk Con- struction in Tweedy's Addition, vas adopted by unanimous vote of seven members of the Council present. Claim for Damages - R. W. Anderson - 6a Claim for damages allegedly resulting from improper light at sewer pipes, at 7925 West 25th Street, by R. W. Anderson, 8805 Club Road was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the above claim for damages was referred to the City Attorney for advice and recommendation. 276 January 13, 1958 Communication from Minneapolis Gas Company Regarding Rates - 6b Communication from Minneapolis Gas Company advising of an increase in gas rates in St. Louis Park was presented to the Council. Mayor Lefler reported that he and the City Manager attended a meeting at Edina where this matter was discussed, along with the Hoper report. A motion was made by Councilman Jorvig, seconded by Councilman Bolmgren, that the City Attorney be directed to give study to provisions of City Charter with reference to Gas Rates and to give the City Council full report and re- commendation to stave the proposed increase of gas rates; and to give study to future rate problem as far as they pertain to St. Louis Park. Motion passed by unanimous vote of seven members of the Council present. Request for Variance to Subdivide a Lot etc. - James C. Seirup - 6c Request for variance from Section 1 of Ordinance 557 prohibiting the subdividing of lots with a width of less than 754 and also a request for variance under the Subidivision Ordinance, Section 12, to subdivide a lot without submitting new plat, by James C. Seirup. James C. Seirup was present in support of request. On motion of Councilman Davis, seconded by Councilman Jorvig, the above request was referred to the Planning Commission for advice and recommendation, by unanimous vote of seven members of the Council present. Claim for Damages - A Mendel Drake - 6d Claim for damages allegedly resulting from negligence in construction of sewer line at 1600 South Lilac Drive, by A. Mendel Drake and Helen A. Drake, 1600 South Lilac Drive, was presented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Messer, The above claim for damages was referred to the City Attorney for advice and re- commendation by a vote of six yeas. (Councilman Bolmgren was not present when the vote was taken.) Request for Renewal of Non-intoxicating Malt Liquor Licenses On-Sale - 6e Request for renewal of the following non-toxicating malt liquor licenses on-sale: 1. Minneapolis Golf Club, Cedar Lake Road and Flag Avenue 2. Carl Reiss, 6900 West Lake Street 3. Park-Tavern, 7201 Minnetonka Boulevard A motion was made by Councilman Wolfe, seconded by Councilman Messer, to approve the issuance of the above licenses for non-intoxicating malt liquor on-sale. Motion passed by six yeas. (Councilman Bolmgren was not present when the vote was taken.) - 2x77 January 13, 1958 Resolution Designating Legal Newspaper - 7a Resolution designating legal newspaper for the calendar year 1958, (deferred January 6, 1958) was presented to the Council. The City Manager gave report on the Minneapolis Star and St. Louis Park Dispatch rates as follows: Minneapolis Star 1st folio $9.50 St. Louis Park Dispatch 1st folio 1.50 Minneapolis Star 2nd folio 9.50 St. Louis Park Dispatch 2nd folio .75 1-1 Resolution No. 529 presented for adoption. On motion of Councilman Wolfe, seconded by Councilman Davis, Resolution Q No. 529, entitled Resolution Designating Legal Newspaper for the Calendar Year ►� 1958, was adopted by unanimous vote of seven members of the Council present. First Reading of Proposed Ord. Amending Zoning Ord. - 7b First reading of proposed ordinance Amending the Zoning Ordinance (Virginia Avenue and Minnetonka Boulevard) . A motion was made by Councilman Davis, seconded by Councilman Jorvig, to waive the first reading of the Ordinance and to set date for the second reading on January 20, 1958, with request that the City Attorney make additions suggested. Before vote was taken, Councilman Ehrenberg questioned the wisdom of handling these restrictions and conditions in this manner. Considerable discussion ensued and the City Attorney and City Manager were directed to study the problem with a view of providing an ordinance for rezoning etc., without the agreement being a part thereof. Motion was passed by unanimous vote of six members of the Council present. (Councilman Bolmgren left before vote was taken.) Second Reading of Proposed Ord. Amending Ord. 558 etc. - 7c Second reading_of proposed ordinance Amending Ordinance 558 Relating to Subdivision Regulations (deferred December 9, 1957) . Attorney Mr. Lange, representing Murrimac Company, appeared requesting a deferment until further information can be brought in by them. He asked for about three weeks time and said that he would have the information in approx- imately January 27, 1958. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the second reading of above Ordinance was deferred until February 3, 1958, by unani- mous vote of seven members of the Council present. Recommendation with Respect to Manner of Approving Change Orders to Construction Contracts - 8a Recommendation with respect to manner of approving change orders to construction contracts, by the City Attorney, (deferred January 6, 1958) . On motion of Councilman Davis, seconded by Councilman Wolfe, the above recommendation was ordered filed by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when vote was taken.) 4 278' January 13, 1958 Report of City Activities for December 1957 - 8b Report of City Activites for December 1957, was presented by the City Manager. On motion of Councilman Wolfe,. seconded by Councilman Messer; the Report of City Activities for December 1957 was received for filing by unanimous vote of six members of the Council present. (Councilman Bolmgren not present when vote was taken.) • Minutes of Planning Commission January 8. 1958 - 8c Minutes of the Planning Commission meeting January 8, 1958 was presented to the Council. 4• On motion of Councilman Jorvig, seconded by Councilman Messer, the minutes of the Planning Commission meeting January 8, 1958 were received for filing, by unanimous vote of six members of the Council present. (Councilman Bolmgren not present when vote was taken.) Report of PC (Case 57-107-SP)Special Permit The Holy Family Church - 8d Report of the Planning Commission (Case 57-107-SP) recommending unfavor- ably upon the request of the Holy Family Church for a special permit under auth- ority of Section 10.1-1 and 10.5 of the Zoning Ordinance to 'build a church on residential property on the northwest corner of Zarthan Avenue and West Lake Street, was presented to the Council. Attorney Johnson, member of the Church, was present in support of request. Councilman Wolfe, Councilman Davis, Councilman Messer expressed their de- sire to work with the church and in every way possible to accommddate them. In order to give the church ample opportunity to meet the requirement of the Plann- ing Commission the following motion was made. A motion was made by Councilman Wolfe, seconded by Councilman Bolmgren, to re-refer to the Planning Commission, the above request, with the view that Mr. Johnson and his people will work out some way of overcoming objections set forth in the Planning Commission report. Motion passed by unanimous vote of seven members of the Council present. Report of PC (Case 57-108-SP) Special Permit for E. 0. Rodberg - Be Report of the Planning Commission (Case 57-108-SP) recommending unfavorably upon the request of E. 0. Rodberg for a special permit under authority of Sections 10.3-25 and 10.5 of the Zoning Ordinance to operate a drive-in restaurant at 7012 Highway No. 7, was presented to the Council. ---- E. 0. Rodberg appeared in support of the request. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the above request be denied, based on the recommendation of the Planning Comm- ission. Motion passed by unanimous vote of seven members of the Council present. 8d - continued Mayor Lefler called attention to the fact that folks on agenda did not have copies of Planning Commission report, regatding the action taken by Plann- ing Commission on their matters until they come to Council meeting. - - - It was urged that Planning Commission in cooperation with Jim Hawks make every effort to make the minutes of Planning Commission available to these people as far in advance of Council Meetings as possible. 2 9\ January 13, 1958 Report of PC (Case 57-109-Z) Rezoning - A. W. Lampe - 8f Report of the Planning Commission (Case 57-109-Z) recommending favorably upon the request of A. W. Lampe for rezoning Lot 1, Hankers Replat (4025 Excel- sior Boulevard) from Residential Use District to Multiple Dwelling Use District, was presented to the Council. ---- Mr. Lampe appeared in support of request. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, that tb.e public hearing on the above request for rezoning be set forJanuary 27, 1958, and that the hearing include Density change from "01 to "D" Density. Motion passed by unanimous vote of seven members of the Council present. CD Report of PC (Case 57-110-Vac) The Lutheran Church of the Reformation - 8g Report of the Planning Commission (Case 57-110-Vac) recommending favor- ably, with conditions. upon .the request of the Lutheran Church of the Reformation for vacation of West 26th Street between"'Vernon and Utica Avenues, was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the City Clerk was directed to publish notice of public hearing for the above request Eel- vacation rvacation of West 26th Street between Vernon and Utica Avenues, on February 3, 1958. Motion passed by unanimous vote of six members of the Council present. (Councilman Bolmgren 'not present when vote was taken.) Report of PC (Case 57-111-V) Request for Variance - Richard Neslund - 8h Report of the Planning Commission (Case 57-111-V) recommending favorably upon the request of Richard Neslund for variance from Section 1 of Ordinance 557 prohibiting the subdividing of lots with a width of less than 75', and also a request for variance under Section 12 of the Subdivision Ordinance (Texas Terrace Third Addition). It was moved by Councilman Jorvig, seconded by Councilman Messer, to find that thel,conditions set forth in Section 12 of Ordinance 558 are met, and to grant the varianceyfrom the provisions in Section 1 of Ordinance 557. Motion passed by unanimous vote of seven members of the Council present. Report of PC (Case 57-101-5) Plat Texas Terrace Third Addition - R. Neslund - 8i Report of the Planning Commission (Case 57-101-S) recommending favorably upon the request of Richard Neslund for approval of the final plat of Texas Terrace Third Addition, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve the final plat of Texas Terrace Third Addition subject to the City Attorney's examination of title, and subject to execution of contract for furn- ishing improvements required by Ordinance 558; and further that 27 feet ,on south end of plat be dedicated for street purposes. Motion passed by unanimous vote of seven members of the Council present. 280 January 13, Report of PC on Final Plat of Texas Terrace Third Addition continued - 8i It was moved by Councilman Wolfe, seconded by Councilman Bolmgren, to direct the Director of Public Works to submit preliminary report on improvements required by Section 10B of Ordinance 558. Motion passed by unanimous vote of seven members of the Council present. Report of PC Relative to Intersection of Hwy 7 and County Rd. 18 - Si Report of the Planning Commission recommending unfavorably upon the pro- posed plans of the State Department of Highways relative to the intersection of Highway 7 with the proposed new route of County Road 18 (requested December 30, 1957), was presented to the Council. Considerable discussion was had with opinion that the plan is not the best. It was moved by Councilman Wolfe, seconded by Councilman Jorvig, that the City Manager be directed to communicate with the State Highway Department and the County Highway Department notifying them of our disapproval of pro- posed plans. Motion passed by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when the vote was taken.) Report of PC (Case 57-99-S) Plat of West Lynn Third Addition - R.J .Westling -8k Report of the Planning Commission (Case 57-99-S) recommending favorably upon the request of R. J . Westling for approval of the preliminary plat, and the final plat of West Lynn Third Addition, was presented to the Council. •, Attorney Art. Weisberg appeared for R. J. Westling. R. J. Westling was also present. Mr. Westling have a resume of procedure followed to come to this final plat. It was moved by Councilman Ehrenberg, seconded by Councilman Davis, to approve the preliminary plat to approve the final plat subject to the City Attorney's examination of title and subject to execution of contract for furn- ishing improvements required by Ordinance 558. Motion passed by unanimous vote of seven members of the Council present. It was moved by Councilman Wolfe, seconded by Councilman Bolmgren, to direct the Director of Public Works to submit preliminary report on improvements required by Section 10B of Ordinance 558. Motion passed by unanimous vote of seven members of the Council present. Relative to Drive-in Establishment at Dakota Ave and West Lake St. - 9a Temp9rary suspension of building permit relative to drive-in establishment at Dakota Avenue and West Lake Street (deferred December 23, 1957), was discussed. Attorney Herman jI Ratelle, for opposition group, presented a report dated January 13, 1958 in regard to Council Resolution No. 490 - Revocation of Special Use permited granted thereunder. Mr. Ratelle explained report and answered ques- tions. 281 January 13, 1958 Drive-in Establishment Dakota and West Lake Street continued - 9a A Attorney Hyman Edelman, attorney for James Zien to whom permit for Drive-in was issued, urged the City Council not to revoke permit, He intro- duced Don Conley, Assistant to the President of Mc Donald Systems, who read at length from the Mc Donald Systems Manual, regarding cleanliness etc. re- quired of franchise holder. Mrs. Howard George spoke on the bearing the drive-in would have on our Juvenile population, and called the City Councils attention to a report entitled "Anti Social Behavior and its Control in Minnesota" by Commission on Juvenile Delinquents, Adult Crime etc. ---- Others present who spoke in opposition to the drive-in were: Ray ® Zakariasen, 3104 Dakota Avenue; Art Hillquist, 3124 Dakota Avenue, Frank Palmer, Leo Schultz, 3125 Dakota Avenue. There was considerable discussion by Council members. Councilman Wolfe stated that this matter had been laid over for two weeks to give the opposition opportunity to bring in more information. As there appeared to be nothing new this evening, and as the permit had been issued to a legitimate business, after due consideration, and after advice from Planning Commission that it was a reasonable use of the land, he then presented the following motion, which was seconded by Councilman Ehrenberg, that reports received this evening be filed and the suspension of permit issued November 6, 1957 be lifted. -- Before vote was taken, Mayor Lefler stated that he was not in sympathy with a drive-in at this corner, but as permits were granted lawfully and in due course, I will support the motion. My concern is whether the Council can revoke this permit with evidence we have. I believe, ' to grant permits and then revoke them is not a good precedent, but not because it would prevent future business coming to the City. The above motion was then passed by the following roll call vote: Councilman Bolmgren, nay; Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, nay; Councilman Wolfe, yea; Councilman Lefler, yea. Tabulation of Bids on Cash Remittance Control Machine - 9b Tabulation of bids on Cash Remittance Control Machine were received. A motion was made by Councilman Wolfe, seconded by Councilman Davis, to designate National Cash Register Company as the lowest responsible bidder on Cash Remittance Control Machine. Motion passed by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when vote was taken.) President Pro Tem of the Council - 10a Determination of the pleasure of the Council with respect to an election for the position of President Pro Tem of the Council, by Mayor Lefler. Councilman Wolfe nominated Councilman Jorvig for the position of President Pro Tem of the Council. Motion seconded by Councilman Davis. A motion was made by Coax i man Messer, seconded by Councilman Ehrenberg, that nominations be closed and i` Councilman Jorvig be elected for the position of President Pro Tem of the Council. Motion passed by unanimous vote of six members of the Council present. (Coundilman Bolmgren not present when vote was taken.) 2 January 13, 1958 Appointment of Lyle Stanley Haysgaard as Probationary Engineering Aide I -10b The City Manager proposed the appointment of Lyle Stanley Haysgaard as probationary Engineering Aide I, effective January 15, 1958. On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the Council gave its consent and approval to the City Manager's appointment of Lyle Stanley Haysgaard as probationary Engineering Aide I, effective January 15, 1958, by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when vote was taken.) Study and Report on Rates for Gas Service - 10c Study and Report on Rates for Gas Service in Effect in Minneapolis Sub- urban Communities was presented and discussed Sornsin Rue Contract - 10d On motion of Councilman Davis, seconded by Councilman Messer, the City Manager was directed to advise the Bonding Company regarding the status of Sorn- , sin Ea Rue Contract for sewer construction, ,by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when vote was taken.) The City Manager reported that there was a meeting scheduled with Sornsin & Rue for Thursday, January 16, 1958, to dismiss the status of Contract for Sewer construction Ill 'Sornsin & Rue Contract - 10e A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, that the City Manager use his discretion whether Sornsin &a Rue come up, at the Thursday meeting, with a plausible plan to get job done within a reasonable time of contract date, if not to direct Sornsin ei Rue to be present at meeting Monday, January 20, 1958. Motion passed by the following roll call vote, Councilman Davis, nay; Councilman Ehrenberg, yea; Councilman Jorvig, yea; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. (Councilman Bolmgren not present when vote was taken.) Resolution No. 527 - Authorizing Appearance Before Railroad and Warehouse Commission - 10f Resolution Authorizing Appearance Before Railroad and Warehouse Comm- ission (regarding rates and charges for telephone 'service), was presented to the Council for adoption. On motion of Councilman Davis, seconded by Councilman Wolfe, Resolution No. 527, entitled Resolution Authorizing Appearance Before Railroad and Ware- house Commission, was adopted by unanimous vote of six members of the Council present. (Councilman Bolmgren was not present when vote was taken.) . 2:® 3 January 13, 1958 Bonds - lla On motion of Councilman Wolfe; seconded by Councilman Jorvig, the following bonds which have been approved by the City Attorney were accepted by unanimous yote of six members of the Council present. (Councilman Bolmgren not present when vote was taken.) Blanks Heating & Sheet Metal Company Gas Burke's Heating Company Gas Johnson Brothers Gas Waterbury Company Gas Blanks Heating & Sheet Metal Company Heating Waterbury Company Heating Q Yale Engineering, Inc Heating Q Don's Plumbing & Heating Plumbing Johnson Brother's Plumbing Plymouth Plumbing & Heating Plumbing Superior Plumbing & Heating Company Plumbing Hamann Sign Company Sign LeRoy Signs, Inc. Sign Nordquist Sign Sign Verified Claims - 12a ' On motion of Councilman Ehrenberg, seconded by Councilman Messer, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated January 13, 1958 in the total amount of $34,028.99 for vendors wase approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by the following roll call vote: Councilman H. C. Davis, yea; Councilman Robert Ehrenberg, yea; Councilman Torval Jorvig, yea; Councilman Messer, yea; Councilman Kenneth Wolfe, yea; Mayor H. P. Lefler, yea. Meeting Adjourned - 13 On motion of Councilman Davis, seconded by Councilman Ehrenberg, the meeting was adjourned at 1:30 a.m., by unanimous vote of six members of the Council present. N / H. P. Lef er, Mair Attest: ___ yseph ,usta., Secretary