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Home My WebLink About1959/11/02 - ADMIN - Minutes - City Council - Regular 55 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 2, 1959 1. CALL TO ORDER A regular meeting of the City Council was called to order, by Mayor Herbert P. Lefler at 8 p.m. 2. INVOCATION Invocation was given by Father Thurner of the Most Holy Trinity Church. 3. ROLL CALL The-following Councilmen were present at roll call: • H, C. Davis Robert Ehrenberg Torval Jorvig D. C. Messer Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney, Director of Public Works, Planning Consultant and the Secretary. ' Ill , Councilman Owen arrived at 8:45 p.m. 4. MINUTES • On motion of Councilman Messer, seconded by Councilman Wolfe, the minutes of meeting held October 26, 1959, were approved by a six yea vote. (Councilman Owen not present when vote was taken.) 5. PUBLIC HEARINGS (a) PROPOSED WATER MAIN AND HOUSE SERVICE CONNECTIONS AND ROAD MIXED BITUMINOUS SURFACING, IMPROVEMENT NO. 59-129, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED OCTOBER 22 AND 29, 1959. Mayor Lefler opened the hearing on this matter. No one • present was interested in this matter. Mayor Lefler declared the hearing closed. RESOLUTION NO. 1121 A motion was made by Councilman Messer, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1121, entitled, "Resolution Ordering Improvement No. 59-129". Motion passed by a six yea vote. (Councilman Owen not present when vote was taken.) 56 Council Minutes - November 2, 1959 6. PETITIONS, REQUESTS AND COMMUNICATIONS (a) None. 7. RESOLU8fIONS AND ORDINANCES • (a) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR PARK (ADDITION TO OAK HILL PARK). _ RESOLUTION NO. 1122 A motion was made by Councilman Ehrenberg, seconded•by Council- man Jorvig, to waive reading and adopt Resolution No. 1122, entitled, "Resolution Authorizing ,Taking of Land by Eminent Domain for Park Purposes Addition to Oak Hill Park". Motion passed by a seven yea • vote. (b) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR PARK (ADDITION TO PROPOSED FERN HILL PARK). . RESOLUTION NQ. 1123 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1123, entitled, "Resolution ,Authorizing Taking of Land by Eminent Domain for Park Purposes Addition to Proposed Fern Hill Park". Motion passed,by a seven yea vote. p , 8. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) REPORT OF THE CITY MANAGER AND CITY ATTORNEY RELATIVE TO PAUL'S WOODCRAFT COMPANY, (9445 MINNETONKA BOULEVARD, REQUESTED OCTOBER 19, 1959). ,James Blakeborough was present in opposition. The City Manager reported, that after investigation it was determined that the present operation is in violation and that his office would be serving a complaint promptly. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the report be filed. Motion passed by a six yea vote. Councilman Owen not present when vote was taken. • (b) REPORT OF THE CITY MANAGER RELATIVE TO THE RETENTION OF A CERTAIN CITY EMPLOYEE BEYOND THE MANDATORY RETIREMENT AGE (M. & C. No. 59-35). '' rd Council Minutes - November 2, 1959 A motion was made by Councilman Ehrenberg, seconded by Council- man Wolfe, to approve the City Manager's recommendation as set forth in M. & C. No. 59-35, allowing Dorothea Nelson to remain in the employ of the City until ,January 1, 1961. Motion passed by a seven yea vote. 9. UNFINISHED BUSINESS (a) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-107-S) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF J. P. O'ROURKE FOR APPROVAL OF THE PRELIMINARY PLAT OF O'ROURKE'S ADDITION (DEFERRED FROM OCTOBER 19, 1959). Mr. J. P. O'Rourke was present in support of request. A motion was made by Councilman Davis, seconded by Councilman Messer, to approve the preliminary plat of O'Rourke's Addition, as submitted this evening, dated October 27,. 1959. Motion passed by a six yea vote. Councilman Owen not present when vote was taken. (b)V REPORT OF THE PLANNING COMMISSION (CASE'NO. 59-127-V) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF J. P. O'ROURKE FOR VARIANCE OF PROVISIONS OF SECTION 19.18 OF THE ZONING ORDINANCE TO PERMIT DIVISION OF LOTS 1 THROUGH 5 IN PROPOSED O'ROURKE'S ADDITION WITH LESS THAN THE REQUIRED 75 FOOT FRONTAGE AND 9,000 SQUARE FEET IN AREA (DEFERRED OCTOBER 19, 1959). Mr. J. P. O'Rourke was present in support of request. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to approve the variance. Motion passed by a six yea vote. Councilman Owen not present when vote was taken. •(c) AWARD OF CONTRACT FOR WATERMAIN, IMPROVEMENT NO. 59-129. RESOLUTION NO. 1124 A motion was made by Councilman Jorvig, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1124, entitled, "Resolution Accepting Bid for Watermain Improvement No. 59-129", (Northern 'Contracting Company). Motion passed by a six yea vote. Councilman Owen not present when vote was taken. RESOLUTION NO. 1125 • • A motion was made by Councilman Davis, seconded by Councilman Messer, to waivd reading and adopt Resolution No. 1125, entitled, "Resolution Amending Resolution No. 1107 Approving Plans and Spec- ifications and Authorizing Advertisement for Bids Impr. No. 59-129". Motion passed by a six yea vote. Councilman Owen not present when vote was taken. 58 Council Minutes - November 2, 1959 (d) TABULATION OF BIDS ON Ii)CK SALT. A number of the Bidders were present. A motion was made by Councilman Jorvig, seconded by Council- man Ehrenberg, that the bids be rejected and that the City Manager be directed to purchase Salt aabeeded. Motion passed by a six yea vote. Councilman Owen not present when vote was taken. Councilman Ehrenberg requested that the following statement be entered in the minutes: "You gentlemen, or your corporations, have apparently decided that the price of salt cannot be altered. In effect you have made somewhat of a farce of- the system . of public bidding. Yours are all National Corporations that spends thousands of dollars in promoting-good public relations and the virtues of the free enter- prise system - yet by your action you have given us considerable reason to doubt the real value of(such a system.. We are the ment that are supposed to pre- serve the values of this system. You wonder why government from time to time steps in and takes over some facets of private enterprise into its own hands. You people and the corporations you re- present, have, indicated that you are willing to gamble the privilege of' coinpetitive bidding against action to be taken by governmental units to atiffle the system of free and competitive bidding". (e) AWARD OF CONTRACT FOR GRADING, SUB-DRAINAGE AND TOPS OILING OF $ROWNDALE AND AQUILA PARKS. ' RESOLUTION NO. 1126 It was moved by Councilman Davis, seconded by Councilman Messer, to'waive reading and adopt Resolution No. 1126, entitled, "Resolution Accepting Bid for Grading, ,Sub-drainage and Top Soiling in Browndale and Aquila Parks", (Brooklyn Excavating Co.). Motion passed by a seven yea vote. (f) PROPOSED SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3/25 OF THEZONING'ORDINANCE FOR A BUILDING SERVING FOOD, SOFT DRINKS, ETC: AT 4220 MINNETONKA 'BOULEVARD (LOTS 11,12,13,BLOCK 4, SUNSET GABLES SECOND DIVISION, CASE NO. 59-78-SP, REQUESTED BY BERNARD HOROVITZ, DEFERRED FROM OCTOBER 26, 1959). Leland Gottstein and others were present in opposition. Mr. Gottstein acted `as spokesman for the group. • J �. Council Minutes - November 2, 1959 A motion was made by Councilman Wolfe, seconded by Council- man Ehrenberg, to waivermading and adopt resolution granting the special permit. Motion lost by the following roll callbote: , Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Owen, nay; Councilman Wolfe, nay; Mayor Lefler, nay. A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to deny the request for a special permit. CD Motion passed by five yeas and two nays. Councilman Davis and ' Councilman Messer voting nay. 0 (g) PROPOSED SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.1-9 OF THE ZONING ORDINANCE TO.U5SE RESIDENTIAL LAND ADJACENT TO COMMER- CIAL PROPERTY FOR PARKING AT_2921-2927 JOPPA AVENUE (LOTS 14 AND 15, BLOCK 4, SUNSET GABLES SECOND DIVISION, CASE NO. 59-113-SP, REQUESTED BY BERNARD HOROVITZ, DEFERRED FROM OCTOBER 26, 1959). It was moved by Councilman Wolfe, seconded by Councilman Jorvig, that the request be denied. Motion passed by five yeas and two nays. Councilman Davis and Councilman Messer voting. nay. (h) REPORT OF THE PLANNING,COMMISSION (CASE NO. 59-77-V) RECOMMENDING FAVORABLY UPON THE, REQUEST OF BERNARD HOROVITZ FOR A VARIANCE OF SETBACK UNDER AUTHORITY OF SECTION 20.4 and 20.5 OF THE ZONING ' ORDINANCE FROM THE REQUIRED .20 FEET to 15 FEET AT 4220 MINNETONKA BOULEVARD (LOTS 11, 12,, 13, BLOCK 4, SUNSET GABLES SECOND DIVISION, DEFERRED FROM OCTOBER .26, 1959). It was moved by Councilman Wolfe, seconded by Councilman ,Messer, to approve the variance; Motion passed by a seven yea vote. 10. NEW BUSINESS (a) APPOINTMENT OF POLICE SERGEANT. • A motion was made by Councilman Wolfe, seconded by Councilman} Jorvig, to consent and approve the following appointment by the City Manager: John G. Heubach, Probationary Police Sergeant, . effective November 3, 1959. Motion •passed by a seven yea vote. • Council Minutes - November 2, 1959 (b) EXCELSIOR BOULEVARD - HIGHWAY 100 TO FRANCE AVENUE. Councilman Owen told of the calls he has received re- garding the condition of the sides of Excelsior Boulevard. After considerable diadasBion- A motion was made by Councilman Davis, seconded by Councilman Messer, that the ¢ity Manager and the Highway Committe be directed to take up the matter of maintenance of the shoulder on Excelsior Boulevard from Highway 100 to France Avenue. Motion passed by a seven yea vote. (c) COMMUNICATION FROM THE CHAMBER OF COMMERCE. Mayor Lefler read a letter received from the Chamber of Commerce, dated November 2, 1959, requesting that hearing set for November 9 on the Proposed Zoning Ordinance be continued for 10 to 14 days. It was the consensus of the Council that the request be granted. 11. MISCELLANEOUS (a) DAMAGE CLAIMS, • 1. Gordon Moscoe, 2632 Lynn Avenue (referred to Law Department October 23, 1959). It was moved by Councilman ,Davis, seconded by Councilman Ehrenberg, that the claim be referred to the Law Department for advice and recommendation. Motion passed by a vote :of seven yeas, (b) REGARDING A. MANDEL DRAKE CASE. Mayor Lefler stated that Mr. Montgomery said he would like the City to go up to $1,000.00 as share of $5,000 settlement. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the request of Mr. Montgomery for authority to con- tribute up to $1,000.00 as thq City!s share of settlement, be denied. Motion passed by a seven yea vote. 6• I Council Minutes - November 2, 1959 III (c) WESTWOOD HILLS PARK. A motion was made by Councilman Owen, seconded by Council- man Ehrenberg, to refer to the Park and Recreation Commission the, immediate use of Westwood Hills Park. Motion passed by a seven yea vote. (d) RESOLUTION CANVASSING ELECTION RETURNS OF CITY PRIMARY ELECTION 0 HELD OCTOBER 20, 1959. G RESOLUTION NO; 1127 .e.l' A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading' 'and adopt Resolution No. 1127, entitled, "Resolution Canvassing Election Returns of City Primary Election Held October 20, 1959". Motion passed by a seven yea vote. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS • On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the list of verified claims prepared by the Director of Finance and presented to the Council, dated November 2, 1959 in the total amount of $44;749.41 for vendors were approved, and the City Manager, City Clerk and ''City Treasurer were auth- orized to issue checks covering same, by a roll call vote of seven yeas. 13. ADJOURNMENT • On motion of Councilman Davis, seconded by Councilman Messer, the meeting was adjourned at 12:05 a.m., by a ote of seven yeas. li H,r6-rt P. Le'ler, M-i'or ATTEST: / iv/ / i Jeph J tad,/Secretary i• A