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HomeMy WebLinkAbout359 - ADMIN Resolution - City Council - 1957/01/19203 Resolution No. 358 Adopted January 7, 1957 RESOLUTION GRANTING PERMIT UNDER SECTION 10.3 OF THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK WHEREAS, application has been made to the City Council by Meyers Outdoor Advertising Inc. for permit under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park for the following purpose: to erect a 10'x 40' bulletin board at Lots 1 & 2, Block 323, Rearrangement of St. Louis Park, and WHEREAS, the Council has considered the advices and recommendations of the Planning Commission and the effect of the proposed use on the health, safety and welfare of the occupants of the surrounding lands, existing traffic conditions, including parking facilities on adjacent streets, and the effect on values and properties in the surrounding area, therefore - BE IT RESOLVED by -the City Council of the City of St. Louis Park that it is hereby determined that the said proposed use will not be detrimental to the health, safety or public welfare of the occupants of surrounding lands, nor will it cause serious traffic congestion, nor hazards, nor will it seriously depreciate surrounding property values, and BE IT FURTHER RESOLVED that permit be hereby granted to the applicant for the purpose above set forth. Resolution No. 359 Adopted January 19, 1957 AUTHORIZING STIPULATION IN QUO WARRANTO PROCEEDING WHEREAS, A proceeding is pending in the Supreme Court of Minnesota en- titled State of Minnesota, ex rel. Village of Minnetonka, Relator, vs. The City of St. Louis Park, R. C. Fernstrom, H. J. Bolmgren, Herbert C. Davis, T. Jorvig, Robert Ehrenberg, Gene Schadow, and Kenneth Wolfe, Respondents, wherein the Court issued its Writ of Quo Warranto requiring the Respondents to show cause by what warrant the City of St. Louis Park and said individual Respondents assumed to hold and exercise sovereignty and jurisdiction over the territory described in Ordinance No. 530, adopted by the City Council June 11, 1956, providing for annexation of certain territory of the Town of Minnetonka into the City of St. Louis Park, and WHEREAS, the City and said individual Respondents have filed their answer in said proceeding and the Court has appointed a Referee to take testimony, and WHEREAS, on May 114, 1956, a petition was filed with the City -Clerk signed by Sam G. Segal and others requesting annexation to the City of all lots in a subdivision known as Temple's Garden Lots, which subdivision was within the Town (now Village) of Minnetonka_and abutting on the boundary of the City of St. Louis Park, and at the same time petitions were filed by the owners of certain unplatted tracts adjacent to said Temple's Garden Lots requesting that the same be considered along with the latter petition, and each requesting annexation of the property described therein to the City, and 204 Resolution No. 359 - continued WHEREAS, the City Council referred said petitions promptly after receipt thereof to the City Attorney for examination, and the baid City Attorney having advised the Council that same were in proper form to conform with Sec. 413.22, Minnesota Statutes; and that the signatures upon said petition for annexation of Templets Garden Lots appeared to be the signatures of a majority of owners in number and area of all lots in said Temple's Garden Lots, there being recorded conveyances of record in the office of the Register of Deeds and Registrar of Titles respectively in the County of Hennepin conveying title to the respective lots and tracts in said subdivision as respectively set forth and represented in said petition as owned by the respective petitioners, and also that the said petitions for annexation of certain unplatted lands were signed by all owners thereof, according to conveyances of record in the office of said Register of Deeds and Registrar of Titles of Hennepin County, and WHEREAS, the City Council, acting in good faith upon the representations of said petitioners that they were owners as supported by said recorded convey- ances, on June 11, 1956, adopted Ordinance No. 530 of the City, entitled "An Ordinance Annexing 'Templets Garden Lots' and Other Unplatted Lands Situated in Section'12, Township 117, Range 22,".and_that said Ordinance was duly published June 21, 1956, and WHEREAS, pursuant to an order made by the Referee appointed by the Court as set forth above, depositions were taken on January 114 and 15, 1957, of certain petitioners who signed the petition for annexation of Temple's Garden Lots and certain of said petitioners disclosed by said depositions that prior to filing said petition with the Council a single owner of certain tracts in said Temple's Garden Lots had conveyed portions thereof to several of the petitioners for the sole purpose of securing additional record owners in order to satisfy the re- quirements of Sec. 413.22, Minnesota Statutes, which require a petition for annexation to a city of second class to be signed by a majority of owners in number and area of the property to be annexed, and said petitioners further dis- closed by said depositions that they had reconveyed said premises, prior to filing said petition, to the said grantor, said reconveyances remaining :in the possession of said grantor who was also a petitioner, without being recorded, and WHEREAS, the City Council properly relied upon the representations of said petitioners contained in said petitions and upon the record ownership and had no knowledge of said reconveyances prior to .adoption of said Ordinance and is advised that it was entitled to rely upon said representations and record ownership, and WHEREAS, the boundaries of the land annexed by, Ordinance No. 530 are irregular and two unannexed areas of which did not petition for annexation re- main within the annexed land forming detached "islands" under the ,jurisdiction of the Village of Minnetonka which would cause.practical difficulties of municipal administration; at the time of adoption of Ordinance No. 530 it was anticipated that the irregular boundary and *'islands" would be remedied by future annexations, but incorporation of the_territory of the Town of Minnetonka as a Village precludes further annexation under existing law, and WHEREAS, the City Council deems it in the best interests of orderly and efficient municipal administration and good neighbor relationship with the ad- joining Village of Minnetonka that the City of St. Louis Park decline to litigate the technical legal questions involving whether transferees of record title under the circumstances described above are owners of land whose petition may authorize annexation by the City, therefore BE IT RESOLVED, by the City Council of the City of St. Louis Park that the City Attorney be authorized and directed to enter into a stipulation to be filed Resolution No. 359 - continued with said Referee and the Supreme Court consenting to findings of fact and conclusions of law authorizing issuance of writ of ouster, said stipulation being in form as heretofore approved by the City Attorney. Resolution No. 360 Adopted January 21, 1957 RESOLUTION GRANTING PERMIT UNDER SECTION 10.3 OF THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK WHEREAS, application has been made to the City Council by General Outdoor Advertising Company for permit under Section 10.3 of the Zoning Ordin- ance of the City of St. Louis Park for the following purpose: .Special permit for erection of a 12' x 214 1/2' (294 Sq. ft.) sign at 6315 Minnetonka Boulevard and _ _ WHEREAS, the Council has considered the advices and recommendations of the Planning Commission and the effect of the proposed use on the health, safety and welfare of the occupants of the surrounding lands, existing traffic conditions, including parking facilities on adjacent streets, and the effect on values and properties in the surrounding area, therefore BE IT RESOLVED by the City Council of the City of St. Louis Park that it is hereby determined that the said proposed use will not be detrimental to the health, safety or public welfare of the occupants of surrounding lands, nor will it cause serious traffic congestion, nor hazards, nor will it seriously depreciate surrounding property values, and BE IT FURTHER RESOLVED that permit be hereby granted to the applicant for the purpose above set forth. Resolution No. 361 Adopted Januar 21, 1957 AUTHORIZING JOINT AGREEMENT RELATING TO INVESTIGATION OF SUBURBAN GAS RATES BE IT RESOLVED by the City Council of the City of St. Louis Park as follows: 1. It is hereby determined to be necessary and expedient to the public health, safety, prosperity, convenience and general welfare to enter into an agreement for the investigation of the rates of the Minneapolis Gas Company in this municipality and that such investigation can best be made by a joint and cooperative study of such rates with other municipalities in the vicinity. , 2. In order to make such a joint investigation, a proposed agreement entitled, "Joint Agreement Relating to Investigation of Suburban Gas Rates", a copy of which is attached hereto and made a part hereof, is hereby approved and adopted and the appropriate officials of this municipality are hereby authorized and directed to enter into said agreement and to take such steps