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HomeMy WebLinkAbout1961/01/23 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 23, 1961 1. CALL TO ORDER A regular meeting by Mayor Kenneth Wolfe 2. INVOCATION of the City at 8:02 p.m. Council was called to order Invocation was given by Rev. Orin Thompson of the Ascension Lutheran Church. 3. ROLL CALL The following Councilmen were present at roll call: Robert Ehrenberg Torval Jorvig D. C. Messer Curtis Pearson Robert Shank Leonard Thiel Kenneth Wolfe Also present were the City Manager, City Attorney, Director of Public Works, Planning Consultant and the Secretary. 4. MINUTES On motion of Councilman Messer, seconded by Councilman Shank, the minutes of the regular meeting held January 16, 1961, were approved by a seven yea vote. 5. PUBLIC HEARINGS (a) None . 6. PETITIONS, REQUESTS AND COMMUNICATIONS a COMMUNICATIONS FROM THE MINNEAPOLIS GAS COMPANY CONCERNING GAS RATES. On hearing no objections the Mayor ordered the communication received for filing. 15. Council Minutes - January 23, 1961 6 • (b) REQUEST FROM DRO IRVING POSNICK FOR A NINETY DAY EXTE NSIoN OF TIME FOR THE SUBMISSION OF THE FINAL PLAT FOR POSNICK ADDITION (WEST 26th STREET AND PRINCETON AVENUE). A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, to grant the request, Motion passed by a six yea vote. Councilman Jorvig not present when vote was taken. (c) COMMUNICATION FROM CHARLES M. FREIDHEIM COMPANY REQUESTING PERMISSION TO INSTALL A RADIO ANTENNA ON CITY WATER TOWER AT LILAC LANES, AND REPORT FROM THE CITY MANAGER (M. & Ce No. 61.3) . Charles Freidheim Jr. was present at the meeting. It was moved by Councilman Messer, seconded by Council- man Jorvig, to approve the City Manager's recommendation and to authorize the Mel►or and City Manager to execute the Necessary lease agreement. Motion passed by a vote of six yeas and one nay. Councilman Thiel voting nay. It was moved by Councilman Jorvig, seconded by Council- man Ehrenberg, that the City Manager be instructed to negotiate a lease with the Minneapolis Gas Company for the use of water tower at Lilac Lanes where they have a radio antenna installed and further that the City Manager prepare a policy to be adopted regarding the use of City property for installation of antennas. Motion passed by a seven yea vote. (d) COMMUNICATION FROM ASSOCIATED REDUCTION OF SUBDIVISION BOND TION TO WESTWOOD HILLS. CONTRACTORS, INC. REQUESTING FOR 5TH COUNTRY CLUB ADDI- Orrin Wichleman was present at the meeting. RESOLUTION N0. 1588 It was moved by Councilman Ehrenberg, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 15884) entitled, "Resolution Acc`pting Work for Subdivision Contract Construction, Fifth Country Club Addition of Westwood Hills and Modifying Contract Therefor". Motion passed by a vote of six yeas and one nay. Council- man Jorvig voting nay. 16. Council Minutes - January 23, 1961 6. (e) COMMUNICATION FROM BERL WHITTEMORE REGARDING TAXICAB DRIVER"S LICENSE. Berl Whittemore was present It was moved by Councilman Councilman Thiel, that the City affirmed by the Council. Motion six yeas. Councilman Jorvig not taken. 7. RESOLUTIONS AND ORDINANCES at the meeting. Ehrenberg, seconded by Manag,ors decision be passed by a vote of present when vote was (a) RESOLUTION RELATING TO PARTICIPATION IN THE RURAL HENNEPIN COUNTY NURSING DISTRICT. RESOLUTION N0. 1589 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 1589, "Resolution Relating to Participation in the Rural Hennepin County Nursing District'. Motion passed by a six yea vote. Councilman Jorvig not present when vote was taken. (b) RESOLUTION DENYING REQUEST FOR GX�TN40052 TOLEDOTIME A ENUEALLOWED FOR REPAIR OF DANGEROUS BUILDIN (REQUESTED JANUARY 9, 1961). RE- 90 It was moved by Councilman Shank, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 1590, entitled, "Resolution Denying Request for Extension of Time Allowed for Repair of Dan serous Build- ing at 4052 Toledo Avenue". Motion passed by a six yea vote. Councilman Jorvig not present when vote was taken. (c) RESOLUTION AUTHORIZING CITY ATTORNEY TO BRING ACTION FOR DECLARATORY JUDGMENT TESTING CITY TU4052 TOLEDO AVENUENG DESTRUCTION OF DANGEROUS BUILDING (REQUESTED JANU 11RY 91 1961) . 17. Council Minutes - January 23, 1961 70 RESOLUTION N0, 1591 It was moved by Councilman Shank, seconded by Council. man Thiel, to waive reading and adopt Resolution No. 1591, entitled, "Resolution 'authorizing City Attorney to Bring 1letion for Declaratory Judgement Testing City Council Action Ordering Destruction of Dangerous Building at 4052 Toledo Avenue". Motion passed by a six yea vote. Council. man Jorvig not present when vote was taken. (d) RESOLUTION APPROVING WORKING DRAWINGS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IN AQUILA, BIRCH - WOOD, BROWNDALE, FERN HILL AND OAK HILL PARKS FOR SHELTER BUILDINGS (REQUESTED JANUARY 16, 1961) . RESOLUTION NO. 1592 It was moved by Councilman Messer, seconded by Council- man Ehrenberg, to waive reading; and adopt Resolution No. 1592, entitled, "Resolution Approving Working Drawings and Specifications and authorizing advertisement for Bids in Browndale, Birchwood, Fern Hill, Oak Hill and Aquila Parks for Shelter Buildings". (Bids to be taken February 21, 1961.) Motion passed by a vote of five yeas and one nay. Councilman Shank voting nay. Councilman Jorvig not present when vote was taken. (e) RESOLUTION ABANDONING CERTAIN PARK LAND ACQUISITION (PART OF FERN HILL PARK - REQUESTED JANUARY 169 1961) . RESOLUTION N0. 1593 It was moved by Councilman Ehrenber, seconded by Councilman Shank, to waive reading and adopt R:solution No. 1593, entitled, "Resolution Abandoning Certain Park Land Acquisition". Motion passed by a vote of six yeas. Councilman Jorvig not present when vote was taken. (f) FIRST READING OF PROPOSED ORDINANCE AMENDING ORDINANCE N0. 7S3 ENTITLED 'T AN ORDINANCE AMENDING SECTION 6:176.1 (RESIDENTIAL DEVELOPMENT UNIT) OF ORDINANCE 730 P%SSED DECEMBER 28, 1959 ENTITLED THE ST. LOUIS PARK ZONING ORDINANCE". It:was moved by Councilman Messer, seconded by Councilman Shank, to waive first reading of proposed ordinance and to set date for second reading on Fbruary 13, 1961. Motion passed by a vote of six yeas. Council- man Jorvig not present when vote was taken. 18. Council Minutes - January 23, 1961 7. (g) SECOND READING OF PROPOSED ORDINANCE AUTHORIZING THE TRANSFERS OF FUNDS AND PROVIDING APPROPRIATIONS FOR SALARY INCREASES FOR YEAR ENDING DECEMBER 31, 1961. N ORDINANCE N0, 769 It was moved by Councilman Messer, seconded by Council- man Shank, to waive second reading and adopt Ordinance No. 769, entitled, "An Ordinance Authorizing the Trasnfers of Funds and Providing Appropriations for Salary Increases for Year Ending December 31, 1961". Motion passed by a vote of six yeas. Councilman Jorvig not present when vote was taken. (h) SECOND READING OF PROPOSED ORDINANCE REGULATING THE DESIGN SPECIFICATION AND INSTALLATION OF ELECTRIC WIRES, APPARA- TUS AND PLANTS, Robert Hardy, Electrical Inspector and Cy Kirschner, Building Inspector, were present at the meeting. ORDINANCE NO. 770 It was moved by Councilman Ehrenberg, Councilman Thiel, to waive second reeding Ordinance No. 770, entitled, "An Ordinance Design, Specification and Installation of Apparatus, and Plants". Motion passed by yeas and one nay. Mayor Wolfe voting nay. Jorvi;g not present when vote was taken. REPORTS OF OFFICERS , _ DOituRDS AND COMIT` seconded by and adopt Regulating the Eleotrie Wires, a vote of five Councilman (a) REPORT OF CITY ACTIVITIES FOR DECEMBER 1960 - BY THE CITY MANAGER* On hearing no objections the M=iyor ordered the report received for filing. (b) REPORT OF THE CITY MANAGER CGBETWEENPARKING ALABAMARESTRICTIONS ON BOTH SIDES OF EXCELSIOR BOULEVARD BRUNSWICK AVENUES (REQUESTED DECEMBER 281, 19'59) . It was moved by Councilman Thiel, seconded by Council- man Shank, that the sides of Excelsior Avenue be left as i Councilman Jorvig n present parking restrictions on both Boulevard between Alabama & Brunswick so Motion passed by a six yea vote. of present when vote was taken. 190 f Council Minutes -- J-Znuary 23, 1961 8•ti (c) CITY ATTORNEY REPORT N0, 2 COVERING STATE LEGISTATION INTRODUCED. It wa Councilman to prepare regarding yea vote, s moved by Councilman Ehrenberg, seconded by Shank, that the City Attorney be a resolution opposing Senate File Reapportionment. Motion passed by requested No. 69, a seven It was moved by Councilman Pearson, seconded by Councilman Messer, that the City Attorney be requested to prepare a resolution opposing House File No. 73, re. garding Reapportionment is to 1970 Census, . Motion passed by a seven yea vote. It was moved by Councilman Pearson, seconded by Councilman Thiel, that the City Attorney be directed to prepare a resolution opposing House File No. 75, regarding Motor Vehicles -Chemical Tests for Intoxicated Drivers. Motion lost by the following roll call vote; Councilman Ehrenberg, nay; Councilman Jorvig, nay; Councilman Messer abstained from voting; Councilman Pearson, yea; Councilman Shank, nay; Councilman Thiel, yea and Mayor Wolfe, yea. (d) REPORT OF EMPLOYEE PROMOTIONS - BY THE CITY MANAGER. It was moved by Councilman Shank, seconded by Council- man Ehrenberg, that the Council concur with the following promotions. Kenneth Ostlund from Permanent Engineering Aid II to Permanent Engineering Aid III, effective January 23, 1961: Don Galloway from Permanent Water & Sewer Maintenanc'7 I to Probationary Pump Station Mechanic, effective Januar' 24, 1961; Clifford Evanson was promoted from & Sewer Maintenance Laborer to Water & No. I, effective January 30, 1961. Motion passed by a seven yea vote. 20. m Permanent Water Sewer Maintenance COUNCIL MINUTES _ JANUARY 23, 1961 8. MINUTES OF THE PLANNING JANUARY 11, 1961. COMMISSION MEETING HELD On hearing no objections the M-iyor ordered the minutes received for filing, (f) REPORT OF THE PLANNING COMMISSION (CASE NO. 60-117-S) RECOMMENDING FAVORABLY UPON THE REQUEST OF SAM SEG AL FOR APPROVAL OF THE PRELIMINARY PLAT OF TWEEDY'S THIRD ADDITION (WEST SIDE OF DAKOTA AVENUE BETWEEN WEST 26TH AND WEST 27th STREETS), SUBJECT TO VARIANCES AND WEST 26TH STREET BEING REALIGNED TO INTERSECT DAKOTA AVENUE AT RIGHT ANGLES, S •im Segral and Mrs. J. P. O'Rourke were present at the meeting. A motion was made by Councilman Pearson, seconded by Councilman Messer, to approve variance from Section 6:307 (C) (1) of the Subdivision R:agulati.ons to permit Edgewood -to have a 50 foot right-of-way instead of the required 60 feet. Motion passed by a seven yea vote. A motion was made by Councilman Pearson, seconded by Councilman Thiel, -to approve variance from Section 6:309 (B) (2) (a) through (e) of the Subdivision Re- gulations in order to provide that the improvements be installed on an assessment basis. Motion passed by a vote of five yeas and two nays. Councilman Shank and Councilman Ehrenberg voting nay. A motion was made by Councilman Pearson, seconded by Councilman Messer, to approve variance not requiring; the grading of Dakota Avenue. Motion passed by a vote of seven yeas. A motion was made by Councilman Pearson, seconded by Councilman Thiel, to approve the preliminary plat of Tweedy's Third Addition subject to West 26th Street being realigned to intersect the proposed new alignment of Dakota Avenue at right angles. Motion passed by a seven yea vote. (g) REPORT OF THE PLANNING COMMISSION (CASE NO. 61-1-Z) RECOMMENDING UNFIAVORABLY UPON THE REQUEST OF MELVIN G. ASTLEFORD ASSOCIATES TO REZONE THE PROPERTY BOUNDED BY WEST 28TH STREET, TEXAS AVENUE, GREAT NORTHERN RAIL- ROAD AND LOUISI?`,NA 'VENUE FROM R -B and R-•1 DISTRICTS TO I-2 DISTRICT. 21 in Council Minutes - January 23, 1961 8* Letter of withdrawal from M. G . Astleford, dated January 19, 1961, was read by the City Manager. A petition against rezoning the above property, signed by neighboring residents, was presented. A large group of neighbors were present. Wolfe told -the group that group would be again. It was moved Councilman Messer, Motion passed by a about the withdrawal and alerted when the item came Mayor stated by Councilman Ehrenberg, seconded by to accept request for withdrawal, vote of seven yeas . Councilman Pearson requested that the following persons be notified when this matter comes up again. Richard L. Loftus, 2900 Louisiana Avenue Mrs. Lorraine Johnson, 2508 Nevada Avenue Mrs. Frances Rossi, 2815 Quebec Avenue Mrs. Robert I. Olson, 2812 Maryland Avenue* r ft`r this act=ion was taken, H. C. Davis, Attorney for M. G. Astleford Associates, arrived and requested thsL this matter be referred back to the Planning Commission to its February meeting. He was told to make application the next day so that the matter could be placed on Plann- ing Commission agenda for February. It was moved by man Messer, that the area be referred to for their advice as to Council. Motion Councilman Thiel, seconded by Council - idea of a park being located in this the Parks and Recreation Commission to size, location, etc. - and report passed by a vote of seven yeas. (h) REPORT OF THE PLANNING COMMISSION RECOMMENDING UNFAVOR- ABLY UPON THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE, SECTION 6:142.7 (LOCATION AND PERFORMANCE STANDPaDS FOP• CERTAIN USES) , REQUESTED BY BLACKTOP SERVICE COMPANY* Ho C. Davis, Attorney , was present at the meeting It was moved by Councilman Ehrenber seconded by Councilman Shank, that the proposed amendment be re- jected. Motion passed by a six yea vote. Councilman Jorvig not present when vote was taken. 22 Council Minutes - January 23, 1961 8. (i) RECOMMENDATION OF THE PLANNING COMMISSION THAT THE CITY COUNCIL INVESTIGATE THE POSSIBILITY OF INSTITUTING PERFORMANCE STPNDARDS, THE COST OF WHICH WOULD BE BORNE BY THE FIRMS THAT CHOOSE TO OPERATE UNDER THEM. H. C. Davis was present at the meeting. It was moved by Councilman Pearson, seconded by Councilman Messer, *that this matter be referred to the City Manager for study and report and that the report be submitted to the Planning Commission first. Motion passed by a six yea vote. Councilman Jorvig not present when vote was taken. (j) REPORT OF THE SUPERVISOR OF ZONING AND INSPECTIONS CONCERNING DANGEROUS BUILDING AT 8124 IPdEST 35th STREET. A motion was made by Councilman Shank, seconded by Councilman Messer, to direct -the City Clerk to give written notice in accordance with Section 5:1020.4 (a) of the Ordinance Code to all persons having an interest in the property at 8124 West 35th Street to appear before the Cite Council on February 6, 1961 to show cause why the structure on said property should not be repaired, re- moved and demolished. Motion passed by a seven yea vote. (k) REPORT OF THE CITY MAN AGER (Mo & Co NO* 61-4) ON SCHEDULE OF FEES FOR COMMERCIAL GARBAGE AND REFUSE COLLECTION. A motion was made by Councilman Thiel, seconded by Councilman JorvicZ, to approve the Uniform Schedule of Fees for Commercial Garbage and Refuse Collection effective March 1.,'1961* Motion passed by a seven yea vote. (1) FIN ^,NCI.''.L REPORT OF THE CITY FOR DECEMBER 1960 - On hearing no objections report received for filing. the Mayor ordered the (m) REPORT OF E, T. MONTGOMERY ON ACQUISITION OF MEADOWBROOK MANOR PARK (REQUESTED JANUARY 16, 1961). E. T Montgomery was present at the meeting. 23 Council Minutes - January 23, 1961 8. A motion was made by Councilman Thiel, seconded by Councilman Shank, that the City attorney be direct`d to prepare a resolution abandoning acquisition of Meadowbrook Manor Park. Motion passed by a seven yea vote* (n) REPORT OF THE CITY MANAGER (m. & C. No. 61-5) RELATIVE TO RETENTION OF a CERTAIN CITY EMPLOYEE BEYOND MANDATORY RETIREMENT AGE. A motion was made by Councilman Messer, seconded by Councilman Thiel, to approve the City Manager's recomm- endatlon allowing William Reiners to remain in the en - ploy of the cite until April 7, 1962. Motion passed by .a seven yea vote. (n-1) INCINERATOR CHARGES TO OTHERS* A motion was made by Councilman Parson, seconded bN Councilman Messer, that the City Mana:�r be directed to make a report on February 27, 1961 regarding cost of incineration at the Cit�.� Incinerator and to su ;gest 3 price city should charge for others to List incin �r3tor. Motion passed by a vote of seven yeas . (o) REPORT OF THE CITY ATTORNEY ON BLACKTOP SERVICE COMPANY. (REQUESTED SEPTEMBER 12, 1960) . H. C. Davis was present. After considerable discussion a motion was made by Councilman Shank, seconded by Councilman Ehrenberg, thit the City .Attorney be directed to proceed on the basisOf his recommendation. Motion lost by the following roll call vote: Councilman Ehrenberg, yea y Councilman Messer, naye. Councilman Pearson, nay; Couneilm3n Shenk, yea-, Councilman Thiel, nay; Mayor Wolfe, nay. Counc .imin Jorvig not present when vote was taken. It was moved by Councilman Ehrenberg seconded by Councilman Fearson, that the report be filed. Motion passed by a six yea vote. Councilman Jorvi; not present when vote was taken. 24 Council Minutes - January 23, 1961 9. UNFINISHEDBUSINESS 10. 11. (a) None. . NEW BUSINESS (3) APPOINTMENT OF LABORER (WATER & SEWER DEPARTMENT). A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, to consent and approve the following :appointment: Marlow Noren, Probationary Laborer, effective January 30, 1.961. Motion passed by a seven yea vote. (b) REAPPOINTMENT BY THE MAYOR OF WALTER L. BUSH, JR. AND M;1S MATSUMOTO TO THE PLANNING COMMISSION FOR THE TERM ENDING DECEMBER 31, 1964. A motion was made by Councilman Jorvig, seconded by Councilman Thiel, to approve the above two reappointments to the Planning Commission. Motion passed by a seven yea vote. MISCELLANEOUS (a) DAMAGE CLAIMS. Walton P. Walker, 3420 Boone Avenue and Alice Hansen, 4805 Vallacher A-enu`. A motion was made by Coui.cilman Shank, seconded by Councilman Jorvig, that the above claims be referred -to the Law Department for advice and recommendation. Motion passed by a seven yea vote. (b) CLAIM FOR DAMAGES TO CITY VEHICLE - BY J..JEROME MERCIL. A motion was made by Councilman Messer, seconded b\./ U that the offer of settlement in this Councilman Jorvig, roved and release case,, in the amount of $139.00, be app d. Motion passed by a vote of was directed to be execute seven yeas. 25 Council Minutes - January 23, 1961 12. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Jorvig, seconded by Coun man Ehrenber;, the lists of verified claims with the exception of Midwest Planning & Research, Inc., in the amount of $600.00, prepared by the Director of Finance and presented to the Council, in the total amounts of $2,506.27 for payroll, and $130,330.26 for vendors were approved, and the City Manager, City Clerk .and City Treasurer were authorized to issue checks covering same, by a roll call vote of seven yeas. 13. ADJOURNEMENT On motion of Councilman man Thiel, the meeting a seven yea vote. ATTEST: J eph J stacT /)9ecretary Ehrenberg, seconded by Coun^il- was adjourned at 11:10 p.m., by