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HomeMy WebLinkAbout1958/02/03 - ADMIN - Minutes - City Council - Regular x'o 1 Council Meeting-February 3, 1958 A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8 p.rg. Invocation was given by Rev. Paul Obenauf of the Wooddale Lutheran Church. . The following Councilmen were present at roll call: H. J. Bolmgren H. C. Davis Robert Ehrenberg ® Torval Jorvig D. C. Messer 111 Kenneth Wolfe Herbert 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 Wolfe, the minutes of meeting held January 27, 1958, were approved by unanimous vote of all members of the Council present. Public Hearing on Vacation of Street - The Lutheran Church of the Reformation - 5a A public-hearing was had the proposed vacation of West 26th Street between Vernon and Utica Avenues as described in Notice of Hearing published January 16, 1958, in the St. Louis Park Dispatch, requested by the Lutheran Church of the Reformation. No one present interested in the Vacation of Street. It was moved by Councilman Davis, seconded by Councilman Wolfe, to direct the City Attorney to prepare the necessary ordinance for first reading on February 10, 1958, with reservations recommended by the City Planning Commission. Motion passed unanimous vote of seven members of the Council present. Communication Relative to Use of Trunk Highways - 6a Communication relative to laws prohibiting use of Trunk Highways for local celebrations was received from L. P. Zommerman, Commissioner of Highways, dated January 22, 1958. On hearing no objections Mayor Herbert P. Lefler ordered the above communi- cation received for filing. Request for Plat of Country Club Addition of Westwood Hills (Project #4) - 6b Request for approval of final plat of Country Club Addition of Westwood Hills (Project #4), by Murri-Mac Company, and advice from Secretary to Planning Commission that final plat conforms with the approved preliminary plat and is in proper form, was presented to the City Council. Jim Pitts was present in support of request. 3O February 3, 1958 Approval of Plat - dontinued It was moved- by Councilman Davis, seconded by Councilman Wolfe, to approve the final plat of Country Club Addition of Westwood Hills (Project No. 4), sub- ject to: (a) City Attorney's examination of title and (b) the execution of a contract for the improvements required of the Subdivider in Section 10 of the Subdivision Ordinance 558, and '(c) receipt by City of deed for Outlot D. Motion passed unanimous vote of seven members of the Council present. Claim for Damages - Stephen Levitus - 6c Claim for damages allegedly resulting from improper supervision of skating rink at Louisiana Avenue and Cedar Lake Road, by Stephen Levitus, 1641 Oregon Avenue was presented to the Council. The City Attorney reported that the matter had been investigated and that upon the statement of the claim the City had no liability. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the claim was denied and the City Attorney directed to so notify the claimant, by un- animous vote of seven members of the Council present. Resolution No. 534 Amending Resolution 521 Relative to Personnel Rules etc. - 7a Resolution Amending Resolution 521 Providing for Adoption of Amended Personnel Rules and Regulations was presented to the Council for adoption. On motion of Councilman Davis, seconded by Councilman Wolfe, Resolution No. 534 Amending Resolution 521 Providing for Adoption of Amended Personnel Rules and Regulations was adopted by unanimous vote of seven members of the Council present. First Reading of Proposed Ordinance Amending Zoning Ord. - 7b The proposed ordinance Amending the Zoning Ordinance (Lot 1, Hankes Replat, rezoning request by A. W. Lampe) was presented to the Council for first reading. A. W. Lampe was present in support of request. It was•moved by Councilman Ehrenberg, seconded by Councilman Bolmgren, to waive the first reading of the above proposed ordinance and to set date for second reading on February 10, 1958. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ordinance Providing for Fixing of Rates Charged by Public Utilities etc. - 7d The proposed Ordinance Providing for Fixing of Rates Charged toy Public Utilities and Prescribing Procedures with Respect Thereto, as amended, was pre- sented to the Council for second reading. 303 February 3, 1958 Second Reading of Proposed Ordinance continued - 7d It was moved by Councilman Meser•= , and seconded by Councilman Ehrenberg, to waive the second, reading of the proposed ordinance and to adopter Ordinance No. 606, entitled An Ordinance Providing for Fixing of Tolls, Rates, Fares and Charges to be Charged by Public Utilities Operating within the city of St. Louis Park, and Prescribing Procedures with Respect Thereto. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ordinance Amending Ord. 558 Relating to Subdivision Regulations - 7c The Proposed Ordinance Amending Ordinance 558 Relating to Subdivision Re- gulations (deferred January 13, 1958) was presented to the Council for second reading. Robert I Lange, Attorney for developer, was present at the meeting. Discussion was. had regarding the effect on the City's bond limit and Moody's - rating if the City financed the various improvements. Councilman Ehrenberg asked the City Attorney if a formula could be worked out, based on land sq. footage and house square footage, for determining amount of improvement to be assessed, and amount to be paid by the developer. He presented a table covering lot widths from 75' to 95' for Councils study. It was the general feeling that the City wanted to get the best developement of balance of vacant land we have, and to do so in such a way that it will not damage the City's credit. The City Manager explained our present credit rating and indicated it could be held if the increase of bond sales was not faster than the increase of assessed valuation; and he also indicated that we could get an "A" rating if we kept going as we have. All seemed to agree that the city wanted all improvements constructed, but remained to be determined who was going to pay. A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren, that Ordinance No. 558 be amended to read that the Subdivider will pay for the construction of Sanitary Sewer and Water Main and that the remainder of the im- provements be assessed back against the benefited property over a period of 20 years, provided however that sidewalk construction be ordered in subdivision only at the descretion of the Council. Motion was lost by the following roll call vote: Councilman Bolmgren, yea; Councilman Davis, nay; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, nay; Mayor Lefler, nay. S. Pegors, 1358 Kentucky Avenue, told the Council about Country Club develope- ment, which he felt was a good idea and good planning as all improvements were in before a single house was built and cost was made a part of the lot price. It had been suggested that the Ordinance 558 be changed so that the subdivider pay for udderground improvements namely sanitary sewer and water main, this led to further discussion who should do the grading etc. • T 804 February 3, 1958 Proposed Ordinance Amending Ordinance 558 continued III A motion was made by Councilman Davis, seconded by Councilman Jorvig, that the subject be tabled and we proceed to next order of business. Before vote was taken Councilman Wolfe, asked Councilman Davis why he wanted this matter tabled. Councilman Davis feels we are not ready as a Council to re- quire all improvements by subdivider. Motion was lost by the following roll call vote: Councilman Bolmgren, yea; Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Jorvig, yea; Councilman Messer, nay; Councilman Wolfe, nay; Mayor Lefler, nay. A motion was then made by Councilman Wolfe, seconded by Councilman Jorvig, that the second reading be waived and the Ordinance be adopted with the amend- ment that sidewalk shall be constructed on one side of collector and Major streets- Before vote was taken the question was asked if this meant all improvements includ- ing storm sewer. The answer was yes; and then followed a discussion as to whether storm sewers should be a city wide project. Councilman Ehrenberg then asked for a five minute recess to allow for rewriting of the motion. - However, after recess Councilman Davis moved and Councilman Ehrenberg seconded that this matter be tabled until February 10, 1958. The motion was passed by six yeas, Councilman Wolfe voting nay. Annual Financial Report - 8b Annual Financial Report of the City for 1957 was presented to the Council. On hearing no objections Mayor Lefler ordered the report received for filing. Communication from Earl Sewall Relative to Contracts #335 and #348 - 8a Communication from Earl Sewall relative to, liquidated damages taken from payment of Contracts #335 and #348 (requested January 6, 1958) , and report from the Director of Public Works, (M & C No. 58-15) was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, , that the communication from Earl Sewall be filed and the claim denied. Motion passed by unanimous vote of seven members of the Council present. Re: Minneapolis Gas Company Rates - 9a Report concerning results of negotiation with Minneapolis Gas Company for lower gas rates (deferred January 27, 1958) . (M & C No. 58-16) was presented by the City 1'1anager. On hearing no objections Mayor Lefler ordered the report received for filing. • 1 3o5 February 3, 1958 Liquor License for Golden Steer Restaurant at Office City - 9b Liquor License for the Golden Steer Restaurant at the Office City site, (deferred January 27, 1958) was presented to Council. Leonard Strickler, attorney for Dahlberg and Theros, applicants for the liquor license for the Golden Steer Restaurant at Office City site, was present as requested by the Council, January 27, 1958. Mr. Strickler stated that due to something that came 'up during the past week, that had a bearing on the plans for Office City, and which be could not divulge at this time, made it impossible for him to bring in the information that the Council requested. He asked an exten- sion of time for at least two or three weeks. L.fa Mrs. Roger Shanedling, 1620 Lilac Drive, who was in the audience protested to the issuing of liquor license at this location. Mr. Strickler also called attention of the Council to the brochure that had been sent out all over the country to prospective lessees, in which the proposed restaurant and cocktail lounge was shown. After considerable discussion: A motion was made by Councilman Jorvig, seconded by Councilman Bolmgren, that the action of August 13, 1956 in regards to issuance of liquor license for Golden Steer Restaurant be terminated and that the $2,000.00 fee paid at that time be refunded. Before vote was taken on this motion - Councilman Jorvig referred to the Freeman request for liquor license and felt erre}-€eIt that it was similar to Golden Steer request but was denied - and suggested that we terminate the Golden Steer deal now, and request that they come in for license at time the building is completed. Councilman Wolfe said that he would be in favor of leaving as is, if we have a dead line for the building, otherwise he says the matter should be dropped and started over again at a later date. Councilman Messer said that he questions the legal setting of action taken August 13, 1956 now that plans had been changed. Councilman Davis said he had expected that Council would have target dates tonight - but he could wait another week or two. Councilman Bolmgren said we may have made a mistake August 13, 1956, but I feel that they will keep asking for more time. Councilman Ehrenberg asked to see copy of brochure - but Attorney Strickler did not have one with him. Councilman Ehrenberg said that he was not in favor of the granting of the liquor license to have effect on the financing of this project. Attorney Strickler said that Dahlberg and Theros were ready to start on their part of project tomorrow, but it was the understanding that Council wants the whole package. Mayor Lefler expressed his disappointment at not having plans ready this evening and said that he didn't go for the importance of a liquor license in the financing of Office City. Attorney Strickler replied that he didn't think the taking out of liquor ligense would affect financing - but again called attention to his brochure that told the Office City story and contained mention of the Golden Steer restaurant. Councilman Bolmgren moved the previous question, seconded by Jorvig and 111 passed by seven yeas. A roll call vote was then taken on previous motion as follows: Councilman Bolmgren, yea; Councilman Davis, nay; Councilman Ehrenberg, yea; Councilman Jorvig, yea; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. 3O6 February 3, 1958 Appointment Of Special Council Committee - 9c ' Appointment of Councilmen Ehrenberg, Messer, Wolfe and Davis to a special Council Committee to study and report on salaries for the Mayor and Council, with Councilman Messer as chairman, was made by the Mayor. No action required. Guide to Making a Business Climate Appraisal - 10a "Guide to Making a Business Climate Appraisal". (M. & C. No. 58-12) was presented to the Council by the City Manager. On hearing no objections Mayor Lefler ordered the report received for filing. Reciprocal Fire Service - 10b Reciprocal Fire Service agreement between the City and other communities (M. & C. No. 58-13), was presented to the Council. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, to approve the Reciprocal Fire Service agreement between the City and other communi- ties and to authorize the Mayor and City Manager to execute in behalf of the City. Notion passed by unanimous vote of seven members of the Council present. Appointment of D.C.Messer as Ex officio Members of the Park & Recreation Advisory Commission. - 10c ' The Mayor recommended the appointment of D. C. Messer as ex officio members of the Park and Recreation Advisory Commission. A motion was made by Councilman Jorvig, seconded by Councilman Wolfe, to approve the appointment of D. C. Messer as ex officio member of the Park and Recreation Advisory Commission. Motion passed by unanimous vote of seven members of the Council present. Appointment of Howard George to the Park & Recreation Advisory Commission - 10d The Mayor recommended the appointment of Howard George to the Park and Recreation Advisory Commission for the term expiring December 31, 1959. A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren, to approve the appointment of Howard George to the Park and Recreation Advisory Commission for the term expiring December 31, 1959. Motion passed by unanimous vote of seven members of the Council present. 307, February 3, 1958 1.,„ •\ 'ter} , Appointment of C. R. Middleton Otis Dypwick to Park E Recreation Adv. Comm. - 1Oe, The Mayor recommended the appointment of C. R. Middleton and ltftis Dypwick to the Park ,and Recreation Advisory Commission for the term expiring December 31, 1959, subject to the approval of the Baord of Independent School District 283 as provided in Ordinance 540, Section 1:20-1. A motion was made by Councilman Jorvig, seconded by Councilman Ehrenberg, fo approve the appointment of C. R. Middleton and Otis Dypwick to the Park and Recreation Advisory Commission for the term expiring December 31, 1959, subject to the approval of the Board of Independent School District 283 as provided in ---+ Ordinance 540, Section 1:20-1. Motion passed by unanimous vote of seven members i.n of the Council present. et Painting Elevated Water Tank ,#2 - 10f Painting elevated water tank #2 (Wooddale Avenue and Excelsior Boulevard) . was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to approve the specifications for the painting of the elevated water tank #2, and to advertise for bids. Motion passed by unanimous vote of seven members of the Council present. Appointment of Robert F. Linnell as Probationary Patrolman - log The City Manager proposed the appointment of Robert F. Linnell as probation- ary Patrolman, effective February 10, 1958. - On motion of Councilman Davis, seconded by Councilman Jorvig, the Council gave its consent and approval to the City Manager's appointment of Robert F. Linnell as probationary Patrolman, effective February 10, 1958, by unanimous vote of seven members of the Council present. Dismissal of Wesley Phillips - 1Oh The City Mgnager reported the dismissal of Wesley Phillips, effective February 7, 1958. On motion of Councilman Davis, seconded by Councilman Wolfe, the Council approved the dismissal as reported, by unanimous vote of seven members of the Council present. Petition for City Park - lla and others, Petition signed by Korman W. Wilberg, 1655 Melrose Avenue,/dated February 3, 1958, for the City Council to acquire for a city park the following parcel of property: Lots 1 to 17, Block 2, Cedar Knoll Manor, 4th Addition, was pre- sented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the above petition was referred to the Planning Commission and the Park and Recreation Advisory Commission for, advice and recommendation, by unanimous vote of seven members of the Council present. 801 ' February 3,•`1958 Verified Claims - 12a , On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated February 3, 1958 in the total amounts of $1,529.17 for payroll, and $103,407.92 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of seven members of the Council present. Payment on Contract Work 12b-1f,2 On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the follow- ing payment on contract work, presented by the City Engineer was approved, and the City Manager, City Clerk, and City Treasurer were. auithorized to issue check for the respective amount, by unanimous vote of seven members of the Council present. Final Payment Sidewalk Construction, Improvement No. 57-58 Contractor, Victor Carlson and Sons Contract Date, September 23, 1957 Contract Price, $8,612.75 Amount of this payment, $1,080.77 On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the follow- ing payment on contract work, presented by the City Engineer was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue check for the respective amount, by unanimous vote of seven members of the Council present. Final Payment Bridge at Cambridge Avenue & M N Ei S Railway Agreement dated, February 4, 1957 Amount of this payment,, $11,000.00 Meeting Adjourned - 13 On motion of Councilman Jorvig, seconded by Councilman Wolfe, the meeting was adjourned at 12:06 a.m., by unanimous vote of seven members of the Council present. IP _ A • - Her.er P. efle , Mayor Attest: (oseP Jus/d, Secretary