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Home My WebLink About1965/02/15 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY COUNCIL M�ETING S T. LOUIS PARK, MINNES OTA February 15, 1965 l. CALL TO ORDER A r�gular meeting of the City Council was called to order by Mayor Konneth Wolfe at 8:05 p. m, �. INVOCATION Invo�ation was given by the Reverend Ernest Campbell of the St. George's Episcopal Church. 3. ROLL CALL The following Councilmen were preaent at roll call: James Heltzer Frank Howard Curtis Pearson Leonard Thiel Kenneth Wolfe Also present were the City Manager, City Attorney, Planning Director, Director o# Public Works, Assessor, and the Secretary. Council,man Reynolds arrived at 8:11 p. m. and Councilman Ehrenberg arrived at 8:12 p. m. 4. MINUTES On motion of Councilman Heltzer, seconded by Councilman Thiel, the minutes of the regular meeting held February 1, 1965 and the special meeting held February 9, 1965 were approved by a five yea vote. Council- men Reynolds and Ehrenberg were not present. 5. PUB LIC HEARINGS __—__-___ - (a) PROPOSED VACATION OF WEST 27TH STREET BETWEEN MONTEREY AVENUE AND NATGHEZ A.VENUE AS DESCRIBED IN NOTICE OF HEARING PUBLISHED FEBRUARY 4, 1965 (CASE NO. 64- 65- VAC. ) REQUESTED BY ELLY PHILLIPS AND OTHERS. Mayor Wo1fe opened the hearing on the vacation. There being no one present interested in the matter, Mayor Wolfe declared the hear- ing closed. It was moved by Councilman Howard� seconded by Council- man Thiel, to defer action on the vacaiion until March 1, 1965. Motion passed by a five yea vote. Councilmen Reynolds and Ehrenberg were not present. 22 Council Minutes - February 15, 1965 5. (bj IMPROVEMENT NO. 65-18, PROPOSED OFF-STREET PARKING LOT ON NORTH SIDE OF 40 TH S TREE T W ES T OF Q UENTIN A�TENiJE, AS DESCRIBED IN NOTICE OF HEARING PUBLiSHED FEBRUARY 4 AN� FEBRUARY I1, 1965. Mayor �Tolfe opened the hearing on this matte r. The following persons spoke regarding their concern with the locatxon of a park- ing lot in this area: James Robertson, 5100 West 40th Street; Earl Beaudry, 501? West 40th Street; Joe Langer, 4973 i�lest 40th Street; George Milligan, 5009 VlTest 40th Street; Wm. Schmitz, 51 iZ West 40th Street; Herbert Rogness, 4825 Vallacher Avenue; Earl Isensee, representing the 40th Street Association; Johri C. McNulty, represent• ing Glen Rudell, 4980 West 40th Street; John Barber, 4968 �Vest 40th Street; Lloyd Murray, 4976 West 40th Street; Burr Cheever, 4964 West 40th Street; Mrs. Helen Nord, 4972 West 40th Street; Lloyd Beyer, 4956 West 40th Street; and Thomas Steele, 4960 West 40th Street; also representing Draper & Kramer concerning their property known as Miracle Mile and Rutherfords. The following persons were present in favor of the proposed improve- ment: Dr. Robert Green, Dr. Richard V�Tebber, Dr. Wyman Jacobson, and Roger Asplin, representing the Medical Center. Discussion centered on traffic patterns, property valuations, aesthetics and long range planning. The 40th Street Association stated they are in favor of a parking ramp, but are opposed to a parlcing lot. RES�LUTION NO. 2754 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Resolution No. Z754 entitled "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 65-18 Off-street Autorriobile Parking Facilities. " Councilman Ehrenberg requested that the foliowing statement be entered in the minutes: "I find that I must vote against the order- ing in of this improvement. A.s an elected official, or politician, I would far better my election probabiliiies by voting in favor. It does not effect my area, should this izriprovement be made - sev- eral of the proponents are neighbors and business associates - yet I feel there are certain matters of precedent and governmental rrio:ality involved in this decision. These are humbly stated as follows : 1. I sincerely feel that the plan as proposed is a piecemeal approach to the entire problem of this corner. It does not consider the basic problem of Miracle IVlile itself, either in light of present routing of highways or those proposed for the future and approved by this City Council. 23 Gouncii Minutes February 15, 1965 5. (b) 2. In checking through my Planning Commission minutes, I find no mention of this project in the minutes nor any discussion of the project by the Planning Commission. To me this is a matte r of paanning concept and thus should be discus sed fully by this commission. In fact, I can find nothing that indicates the origin of this request. 3. My third objection is that I feel the ordering in of this improve- ment is an abuse of the governmental power of eminent domain. Basically what this action would do is to use governmental power to permit expansion of certain parcels of private property hy condemning other parcels of private property. I feel very strongly that such an action could be and would be contested in the courts. I further feel that should such court actions be successful, and I Lhink they would be, that it would set back the solution of the Excelsior Bouievard parking problem by three to six years. Moreover, I feel that by ordering in such an improvement as we are contemplating tonight sets a very dangerous precedent. Who are we, as an elected body, to say that "X" business is a desirable one and therefore we should help them to expand while "Y" business is not so desirable, and thus, we will not give them our governmental blessing and finan- cial help. 4. I do not fee? that this plan has been fully thought out and anal- yzed as to the effect on adjacent properties. Not those that would be taken but those that would abut the parking areas. I have not yei seen projected traffic counts on Vallachar and 40th Street, should the proposed improvement be made. I have seen no projections as to the effect on those properties to the south of the improvement. 5. This project, if ordered in, is the beginning of an inroad into one of St. Louis Parkis best residential areas. This can extend from Highway 100 east to France Avenue, going back one block or maybe more, aIl the way along. This is not a marginal resi- dential area. It is a most desirable one, or in the terms of real estate men, a"hot one". If this is step number one in the up- grading of Excelsior Bvulevard, I am not ready to take it until I see the over-all proposal, especially as concerns the south side from the propvsed improvement east to France Avenue. " A motion was made by Councilman Heltzer, seconded by Council- man Howard, calling for the question. Motion passed by a roll call vote of four yeas and three nays. Councilmen Ehrenberg, Pearson, and Reynolds voted nay. Mayor Wolfe called for a roll call vote on the original motion to adopt Resolution No. 2754, which passed by a vote of five yeas and two nays. Councilmen Ehrenberg and Reynolds voted nay. 24 Council Minutes - February � 5, 1965 r� 7. PE'I'ITIONS, RE�UESTS, AND COMMUIvICATIONS {a j APP LiCATIONS FOR RE NE WAL OF NON- INT OXICATING �LT LI�QU4R LiCENSES OFF SALE. Councilman Reynolds arrived at 8:11 p, m. A motion was made by Councilman Heltzer, seconded by Councilman Howard, to aPProve issuance of the following ].icenses for non-intoxicating maZt liquor off sale : R. N. Koch, 3701 Quebec Avenue Min-It Market, 6300 West L,ake Street Ruedlinger�s, Inc. , ?924 Highway #7 Donald A. Swane on, 631 Z Minnetonka Blvd. Weslwood Giant IGA Food Store, 7105 Cedar Lake Park Delicatessen, Inc. , 4212 West Lake Street �Vlotion passed by a six yea vote. preser�t. RES OLUTIONS AND OR. DINANCES Off Sale O€f Sale Off Sale Off Sale Rd. Off S al e Off Sale Councilman Ehrenberg was not (ay RESQLUTION INCREASING DESIGNATED MAXIMUM AMOUNT TO BE KEPT IN DEPOSiTORY (CITIZENS STATE BANK). RESOLUTION NO. 2755 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 2755 entitied "Increasing Designated Maximum Amouat to be Kept in Depository. " Motion passed by a six yea vote. Councilman Ehrenberg arrived at 8: I Z p, m. (bj RESOLUTION APPROVING SECURITIES FOR COi.�LATERAL FROM CITIZENS STATE BANK OF ST. L�UIS PARK, MINNESOTA. RES OLUTION NO. 2? 5 6 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 2?56 entitled "Resolution Approving Securities for Collatera) from Citizens State Bank of St. Louis Park, Minnesota. " Motion pasaed by a seven yea vote. 25 Council Minute s- February 15, 1965 7. (c) RESOLUTION AUTHORIZING PLACEMENT OF TRAFFIC CONTROL SIGNS REGULATINC PARKING (MINNE T ONKA B OULE VARD FROM UTICA AVENUE T� BOONE A.VENUE j. RES 4I.�UTION NO. 2? 5? It was moved by Councilman Thiel, seconded by Councilman Howard, to waive reading and adopt Resolution No. 275? entitled "Resolution Authorizing Placement of Traffic Control Signs. Regulating Parking. " Motion pas s ed by a s even ye a vote. 8. REPQRTS OF OFFICERS, BOARDS, AND C�MMITTEES (a) REPORT OF PLANNING COMMISSION (CASE NO. 64-60-SPj RECOMMENDING FAVORA.BLY UFON THE REQUEST OF STANFORD CLINTON JR. FOR AMENDMENT TO RESOLUTION NO. 2712 FOR SPECIA.L PERMIT UNDER PROVISIONS QF SEC- TION 6:176.4 OF THE 20NING ORDINANCE TO USE LAND IN R-4 DISTRICT FOR RESIDENTIAL DEVELOPMENT UNIT AT 4505-4515 V!TEST 36 z STREET. RESOLUTION NO. 2758 It was moved by Councilman Pearson, seconded by Councilman Howard, to waive reading and adopt Resolution No. 2758 entitled "Re solution Amending Re s olution No. Z? 12 Granting Pe rmit Unde r Section 6:176.4 of the St. Louis Park Zoning Qrdinance for Resi- dential Development Unit, Multiple Dwelling, Stanford Clinton Jr. " Motion pas sed by a seven yea vote. (b) MINUTES OF PLANNING COMMISSION MEETING HELD FEBRUARY 3, 1965. Upon hearing no objection, Mayor Wolfe ordered the minutes received for filing. (c) REPORT OF LAND ACQUISITION. 1. Deed for acquisition of land from Westwood Lutheran Church for drainage purpos e s(Hannan Lake ), that part of 1�iW 1/ 4 of SW 1/4, Section ?, Township 117, Range 21 lying south of County Road 16 and east of the west 1175 feet thereof, and that part of NE 1/4 of SW 1/4 of said section under Project No. 5311, etc. It was moved by Councilman Ehrenberg, seconded by Counciiman Thiel, to authorize payment to the V�restwood Lutheran Church in the amount of $12, 652. 00, to accept deed,and authorize City Clerk to file same for record. Motion passed by a seven yea vote, �6 Council Minutes - February 15, 1965 for street easemeni in and 8. �c) 2. Deed from The Dietene CompanY 1 4 of Section 3, Town- ove r that part of the NW 1/ 4 of N� � Commencing at a ship 29, Range 24, described as follows: P oint in the original westerly right of WaY ��ne of Stati nigh- way No. 100, distant 3??. 6 feet southerly measure a o g said right of way line, etc. 3. Deed from Twin City Lino, Inc. for street easement in and ove r that part of NW 1/ 4 of NW 1/ 4 of Section 31, Townshnp 29, Range 24, described as follows: Commencing at a po in the original right of way line of State Highway No. 100, distant 3??. 6 feet southerly, measured along said right• of way line of the Great Northern Railroad, etc. 4. Deed from Ralph H. Brastad, Florence Brastad, Neil A. Brastad, Donna Brastad, Charles S. Schuler, Susan Schuler, Walter Schuler, Elsie Schuler for street easement in and over that part of NW 1/ 4 of NW 1/ 4 of Section 31, Township 29, Range 24 described as follows: Beginning at a point in the original right of way line of State Highway No. 100, distant 377. 6 feet southerly measured along said right of way line, from the southerly right of way line of the Great Northern Railroad; thence westerly parallel with said railroad right of way line a distance of 135 feet; thence at a right angle northerly 30 feet; thence at a right angle easterly to said highway right of way line; thence southerly to the point of beginning. for street easement. 5. Deed for part of 34? Street and Texas Avenue from Arvid E. Carlson & Sons, Inc. for Tracts E and F, Registered Land Survey #328. 6. Deed from Stephens Buick Company and Riviera, inc. for street easement in and over that part of NW 1/4 of NytT 1/4 of Section 31, Township 29, Range 24, described as follows: Beginning at a point in the original westerly right of way line from the southerly right of way l�ne of Great Northern Railroad; thence westerly parallel with railroad right of way line a dis- tance of 400 feet to the easterly line of Registered Land Survey No. 493, etc. ; and also a street easement in and over the northerly noriherly 15 feet of that part of the easterly 50 f eet of Tract A, Registered Land Survey No. 493, etc. It was moved by Councilman Pearson, seconded by Councilman Heltzer, to accept the above deeds and authorize the City Clerk to file same for record. Motion passed by a seven yea vote. 2? Council Minutes - February 15, 1q65 8' �d� CIT� ATT4�tNEY REPORT NO. 3 COVERING STATE LEGIS- LATION INTRODUCED. A motion was made by Councilrnan Ehrenberg, seconded by Councilman Reynolds, to defer a�tion on the above report until March 1, 1965. Motion passed by a seven yea vote. (e) REPORT OF CITY ACTiVITIES FOR JANUARY 1965 BY THE CIT Y MANAGER. Upon hearing no objections, Mayor Wolfe ordered the report to be received for filing, (f) REPORT OF APPpINTMENT - CIVIL ENGINEER II. A motioa was made by Councilman R.eynoid8, seconded by Council- mar� Heltzer, to approve the appointment of Dennis J. Ryan as probationary Civil Engineer II, Range PA 5, Step F, effective March 8, 1965. Motion passed by a seven yea vote. 9. UNFINISH�D BUSINESS taj None. 10, NE�V BUSINESS (a? A.CCEP'FANCE OF BON3� FOR CITY CLERK�EARL E. HANSON. A motion was made by Councilman Ehrenberg, seconded by Counci�man Re}tnolds, to accept bond for City Clerk, Earl E. Hanson, and authorize filing with the secretary to the City Council in accordance with Section 11.4 of the City Charter, iViot�on passed by a seven yea vote. (b) FEBRiJARY 2Z, 1965 COUNCIL MEETING. A motion was made by Counci�man Reynolds, seconded by Council- man Thiel, that no meeting be held February 22, 1965. Motion paesed by a seven yea vote. (c� RE��POINTMENT BY THE MAYO�t OF JACK CONLEE AND MAS MA.TSUMOTO TO THE PLANNING COMMISSiON AND • APPOINT- MEi�tT OF GiLBERT GUSTAFSON TO THE PLANNING COMMISSION, ALL FOR THE TERM ENDiNG DECEMBER 31, 1967, AND REAPPOINT- MEI�jT OF ROBERT EHRENBERG AND FRANK HOWARD AS COUNCIL REPRESENTATIVES TO THE PLANNING C4MMISSION FOR THE TERM ENDING DECEMBER 31, 1965. : Council Minutes - February 15, 1965 10. (c) It was moved by Councilman Pearson, seconded by �o��ilmbn Heltzer, to approve the above appointmeri�s• Motion passed y a seven yea vote. (d� REAPPOINTMENT BY THE MAYOR O�' REX KITTS TO THE BO►ARD O�'' ZONING APPEALS F4R THE TERM ENDING DECEMBER 31, 1969, It was moved by Councilman Thiel, seconded by Courlcilma.n Howard, to approve the appointment. Motion passed by a seven yea vote. (e� A.PPOINTMENT BY THE MA.YOR OF ROBERT I. LANG TO THE PARKS AND RECREATION CUMMISSION FOR THE TERM ENDING DECEMBER 31, 1965, AND REAPPOINTMENT 4F RON BERTHE, ROSEMAR Y GRIAK, AND GENE SCHADOiR� TO THE PARKS AND RECREATION ADVISORY COMMISSION FOR THE TERM ENI�ING DECEMBER 31, 1966, A motion was made by Councilman Thiel, seconded by Councilman Howard, to approve the above appointments. Motion passed by a seven yea vote. (f ) REA.PP�OINTMENT B Y THE MAYOR , C�' BE�1 MAyERON TO THE BUILDING CONSTRUCTION CODES ADVISORY COMMISSION FOR THE TERM ENDING DECEMBER 31, 1969. . It was moved by Councilman Thiel, seconded by Councilman Howard, to approve the above appointment. Motion passed by a seven yea vote. (gj REAPPOINTMENT BY THE MAYOR OF A. S. BJORNSON TO THE FIRE CIVIL SERVICE COMMISSION FOR. 'I'HE TERM END- ING SEPTEMBER 20, 1967. A motion was made by Councilman Thiel, seconded by Councilman Howard, to approve the above appointment. Motion passed by a s even ye a vote. 11. MISCELLANEOUS (a) DAMA.GE CLAIMS. 1. Craig A. Peterson, 4840 Barbara Drive, Hopkins, Minnesota. 2. Rose Stern, 3929 Zenith Avenue, Minneapolis, Minnesota. 3. J. L. Marsh, Inc. , owner Record Lane, 8330 Highway #7, St. Louis Park, Minne s ota. 29 Council Minutes - February 15, 1965 lI, (a) A motion was made by Councilman Thiel, seconded by Councilman Heltzer, to file the above claims with the City Clerk for proper action by the City Manager and City Attorney. 12, CLAIMS, APPROPRIA.TIONS AND CONTRACT PAYMENTS ( a) V E RIFIE D C LAIMS . On motion of Councilman Reynolds, seconded by Councilman Thiel, the lists of verified claims prepared by the Director of Finance and presented to Lhe Council, dated February 15, 1965 in the total amounts of $l l l, 360. O6 for vendors, and $2, 21I. 95 for payroll were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a seven yea vote. (b) CONTRACT PAYMENTS. 1. Partial Payment No. 1. Dredging Minnehaha Creek, Improve- r�nent No. 64-5. Contractor, M. E. Kraft Co. , Inc. .Amount, $l, 350. 00. On motion of Councilman Reynolds, seconded by Councilman Heltzer, the above payment on contract work presented by the City Engineer was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for the amount of $i, 350. 00, by a seven yea vote. 13. ADJOURNMENT On rnotion of Councilman Pearson, seconded by Councilman Reyriolds, the meeting was adjourned at 12:19 p. m. , by a seven yea vote. Atte s t : .� ' �� ? , �� _ Betty C dwell, Secretary / �� Kenr�eth Wolfe, Mayor ; %' , �