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HomeMy WebLinkAbout1955/10/03 - ADMIN - Minutes - City Council - Regular 392 October 3, 1955 REGULAR MEETING OCTOBER 3, 1955 A regular meeting of the City Council was called to order by Mayor R. C. Fernstrom at 8:17 P. M. Invocation was given by Reverend Milo Gerberding of Cross of Christ Lutheran Church. The following Council Members were present at roll call: Councilman H. J. Bolmgren Councilman H. C. Davis Councilman C. L. Hurd Councilman Torval Jorvig Councilman C. R. Middleton • Councilman H. W. Perkins Mayor, R. C. Fernstrom Also present were City Manager, Tom Chenoweth, City Attorney, E. T. Montgomery, and City Clerk (Secretary), Joseph Justad. Hearing on Petition for Rezoning - Mabel W. Clarke Pursuant to notice published in the St. Louis Park Dispatch September 222 1955, a public hearing was had on-the petition of Mabel W. Clarke for the rezoning of the following described property from Open Development Use to Commercial Use: That part of the NW4 of the SW4 of Section 5, Township 117, Range 21, commencing at the NW corner of said NW4, thence ring east on the. north line of said NW4 - 198 feet to a _ point; thence at right angles west 12 rods to a point in the west line of said Section 5 said point being 165 feet south of the said NW corner of said NWr; thence north on the said Section line 165 feet to the point of beginning. No persons appeared. Councilman Hurd asked if there is an easement for utilities. Carl Miller of the Engineering Department and Milo Clarke, husband of Mabel Clarke answered that there is. Ordinance No. 506 First reading of Ordinance No. 506 entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK was made by Secretary Justad. It was moved by Councilman Hurd, seconded by Councilman Middleton, that the second reading of Ordinance No. 506 be made on October 10, 1955. Motilin was passed by unanimous vote of all Members of the Council present. Hearing on, Proposed Sidewalk Construction - Improvement No. 55-96A Pursuant to notice published in the St. Louis Park Dispatch September 22 and 29, 19552 a public hearing was had on proposed Public Improvement No. 55-96A -- Sidewalk on the South Side of West 36th Street from Texas Avenue to Aquila Avenue, the estimated cost of which is $10,290. The following persons appeared --- Robert Henretta, Attorney for Knollwood-Plaza, Incorporated appeared and asked why sidewalk on the south side of the street. Mayor Fernstrom explained what had gone on at the hearing for sidewalk on the north side of the street. Mr. Henretta said that sidewalk adjacent to Knollwood-Plaza is of no value to them and they feel they should not have to pay for same. Said it is not a good place for sidewalk sp near to commercial property -- it should be on the North Side of 36th Street and should be paid for by property owners on the north. Mr. Ecklund, 3536 Virginia Avenue who has no children feels that there should be sidewalk on the south side of the street. Resident at 3537 Virginia Avenue feels that the Shopping Center would benefit as folks,would use it to get there. Resident at 3545 Wyoming Avenue said walking is dangerous now as cars are driving all over to get to the shopping center. There is lots of foot traffic from Texas Avenue to go to and from the Shopping Center. Don, Shanedling said he has checked cars coming into their parking lot and feels that the Center has done all they were asked to do at the time the permit was granted for the Center. Does not feel that they should pay for this sidewalkp and that it would be a hardship to do so. October 3, 1955 393 Hearing on Proposed Sidewalk, Improvement No. 55-96A. Continued Mr. Hill, 3545 Zinran said he is opposed to what Don Shandeling says. Claims that cars are going over lawns, and that sidewalk should be put in on the south side to stop this. Mr. Henretta asked if there has been a survey made of the traffic problem on 36th Street. The Center is not aware of any traffic problem. Mr. Hill, watching children this afternoon said a School Patrol took the children to intersection along 36th Street as far down as Zinran Avenue. Mr. Henretta said the children go to school before the Center opens in the morning. If there is any problem, it must be in the afternoon. Asked if a survey could be made. Said they do not want to block a walk if it is necessary. Mayor Fernstrom explained the why of sidewalks. Some Engineers would suggest sidewalk for both sides of the street if the street is a heavy traffic street. The City Manager read a police report on the number of cars using 36th Street. Mr. Henretta said he can see that the Council is between the devil and the deep blue sea. Suggested that during the next week that a traffic count be taken only at time that children are going from home to school and back. If from this survey the Council feels this sidewalk should be constructed, even though we feel sidewalk will not benefit us, we will be willing to discuss a fair amount for Center to pay. This seems to be a school children problem and should be surveyed to settle it on that basis. Mr. Novotney asked about the extension of further rezoning west of Knollwood- Plaza. He was told that that was another matter and not part of this hearing. Resident at 3540 Yukon Avenue spoke regarding play time on playground - children play on grounds during the summer evenings. Someone mentioned that all the women feel they can get the children across the street to.a sidewalk on the south side. Councilman Bolmgren moved that the Council refer back to the original hearing for construction of sidewalk on the north side and paid as follows: 50% from the General Fund, 25% by Benefited Property Owners, and 25% by Knollwood-Plaza. There was no second. Councilman Middleton asked if the original job could be assessed down the block. City Attorney Montgomery said no. Councilman Hurd said he would like- to see sidewalk constructed on the north side.,- but would not vote fo 50% coming out of the General Fund. Would like to work out a deal assessing 50% to the folks on the north side and 50% to Knollwood-Plaza, Inc. Councilman Middleton said he would like to see a new hearing to set up the sidewalk so that folks on the north side of 36th Street up to 35th Street pay their share. Councilman Hurd said he does not believe that only school children are to be considered in this matter. Councilman Hurd moved that if Knollwood-Plaza, Inc. volunteers to a 50% assessment for the construction of siddwalk on the north side of 36th Street from Texas Avenue to Aquila Avenue, that we award the contract based on bids taken September 19, 1955. No second. Councilman Hurd withdrew his motion. Mr. Robert Henretta as Attorney for Knollwood-Plaza, Inc. and Mr. Shanedling and officer thereof stated that the corporation has no objection to paying 50% of the assessment for sidewalk laid on the north side of 36th Street from Texas Avenue to Zinran Avenue and consents to such an assessment. Councilman Bolmgren said Zinran is far enough. Councilman Hurd said he would accept that. Mr. Henretta said that he feels that the folks want the sidewalk only if Knollwood- Plaza pays for it. We don't want to come back next year to discuss this problem at more money and would not want to pay i of $7,000.00 if we can do it this year for around $3,000.00. Councilman Middleton said he feels that the work should be done this year if there really is a traffic problem for the children. Councilman Davis asked how many abutting property owners were present. The answer was 4 only, It was moved by Councilman Middleton, seconded by Councilman Jorvig that we readvertise for a hearing to be held on October 17, 1955 for construction of side- walk on the north side of 36th Street from Texas Avenue to Zinran Avenue to be assessed to all property owners between Texas And Zinran Avenues on 35th and 36th Streets and Knollwood-Plaza, Inc. Motion lost by the following roll call vote: Councilman Bolmgren, nay, Councilman Davis, nay, Councilman Hurd, nay, Councilman Jorvig, yea; Councilman Middleton, yea, Councilman Perkins, nay, Mayor Fernstrom, nay. Councilman Jorvig asked the audience what they wanted done. Shall we go ahead with the sidewalk hearing as stated by Councilman Middleton? Councilman Hurd "Mr. Jorvig, do you wish to rest your case on the minority here this evening?" Councilman Jorvig said yes, because at hearing we could decide. Councilman Hurd said he wishes that Councilman Jorvig had used his same thinking on other jobs we have had done in years gone by, where everybody else has paid the sidewalk abutting their property. 394 October 3, 1955 � Hearing on Proposed Sidewalk Construction, Improvement No. 55-96A. Continued Com: Mr. Henretta said that if they are to pay for 2 the people must accept this present plan because it is based on the present contract price we have now -- taken on September 19th, 1955. - Councilman asked how about the sidewalk if ordered on 35th Street - who will pay for that. Councilman Middleton said "that is different. Children will not use same as 36th Street.!' Resolution No. 156 Resolution No. 156 entitled RESOLUTION ORDERING SIDEWALK CONSTRUCTION (on north side of West 36th Street from Texas Avenue to Zinran Avenue) was read by the Secretary. Councilman Davis asked if there has ever been a sidewalk for a side street assessed up the block. The answer was no. He asked if this was a good idea for the future, as far as sidewalk is laid on side streets. He feels that the burden for side street sidewalk should not be laid on adjacent property only. It was moved by Councilman Hurd, seconded by Councilman Bolmgren that Resolution No. 156 be adopted.', Motion was passed"bylthe�,following.roU-,)call vote: Councilman Bolmgren, yea; Councilman Davis, yea; Councilman Hurd, yea; Councilman Jorvig, nay, Councilman Middleton, yea; Councilman Perkins, yea; Mayor Fernstrom yea. Resolution No. 156 in Book 1 of Resolutions. Ordinance No. 505 Second reading of Ordinance No. 505, entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK (Rezoning Lots 11 thru 15, Block 1, Rearrangement of St. Louis Park for Commercial Use), was waived by unanimous consent of all Members of the Council present. On motion of Councilman Jorvig, seconded by Councilman Perkins, Ordinance No. 505 was adopted by unanimous vote of_ all Members of the Council present. Ordi- nance No. 505 in Book 3 of Ordinances. _Petition for Rezoning for Two-family Dwelling - 0. M. G,iermundson On motion of Councilman Middleton, seconded by Councilman Davis, petition signed by 0. N. Gjermundson, 3036 Idaho Avenue, dated September 302 1955, for rezoning the following described property from Residential Use to Multiple Dwelling Use for the purpose of constructing a two family dwelling, was referred to the Planning Commission for checking and recommendation, by unanimous vote of all Members of the Council present. Letter Requesting Lease of Property for Ball Field - Babe Ruth League of SLP Letter from Babe Ruth League of St. Louis Park, dated September 29, 1955, requesting lease and use of Lots 8, 9, 10, 11, 12, 130 14, 18, 190 20, 21, 22, 23 and 24, Block 5, Westmorland Park, to be used for the purpose of construction of a baseball field for boys in the age group between between Little League Baseball and American Legion and High School Baseball, was read. On motion of Councilman Hurd, seconded by Councilman Davis, the above request was referred to the Committee of the Whole, by unanimous vote of all Members of the Council present. Plat - Arden Park Second Addition Letter from F. James Resop of Resop Realtors, Inc., dated September 29, 1955, requesting approval of plat of land that is a portion of the old Hopkins Streetcar Railroad Right-of-Way, located in St. Louis Park, to be used for single dwellings, etc. was read. On motion of Councilman Davis, seconded by Councilman Jorvig, the Tentative Plat of Arden Park Second Addition, dated June, 1955, was approved by unanimous vote of all Members of the Council present. Appointment to Police Civil Service Commission E. C. Rempfer On motion of Councilman Middleton')-- seconded by Councilman Bolmgren, the appointment of Eldon C. Rempfer to the-Police Civil Service Commission for term ending October 1, 1958, was approved by unanimous vote of all Members of the Council present. Appointment to Fire Civil Service Commission - Andy Bjornson On motion of Councilman Jorvig, seconded by Councilman Bolmgren, the appoint- ment of A. B. Bjornson to the Fire Civil Service Commission for term ending September 20, 1958, was approved by unanimous vote of all Members of the Council present. October 3, 1955 395 Planning Commission's Report on Plans for Branch Post Office Planning Commission's report dated October 3, 1955, on the request of Frank Theros and Nicholas Phillips for approval of plans for a Branch Post Office Building at 3895 Wooddale Avenue was read, approving same provided that sufficient parking space be established in the south side of the buildings On motion of Councilman Perkins, seconded by Councilman Jorvig, the request for approval of plans for a Branch Post Office Building at 3895 Wooddale Avenue was approved, and the Building Inspector was authorized to issue permit for same, subject to all provisions of the building code, by unanimous vote of all Members of the Council present. Letter Re: Point for Discussion on Proposed Audit for 1955 - G. M. Hansen Letter from George M. Hansen, CPA, who has been retained by the City for an audit of their financial affairs for 1955s listing eight points for discussion, and proposal of charges for the work, was read. On motion of Councilman'Hurd, seconded by Councilman Middleton, the proposal of George M. Hansen to furnish an audit for the calendar year 1955 on a basis of $55.00 per day for senior accountants and $40.00 per day for junior accountants with a maximum of $4,500.00; payments to be made monthly with a 15% retention fee was approved by unanimous vote of all Members of the Council present. Recess to Committee of the Whole It was moved by Councilman Hurd, seconded by Councilman Davis that the Council recess at this time to meet as Committee of the Whole to discuss the proposed 1956 budget. Motion was passed by unanimous vote of all Members of the Council present. Later - 2:00 A. M. Council returned from Committee of the Whole. Resolution No. 157 On motion of Councilman Bolmgren, seconded by Councilman Hurd, resolution No. 157, APPROVING 1955 LEVY, COLLECTABLE IN 1956s having been read by the Secretary, was adopted by unanimous vote of all Members of the Council present. Resolution No. 157 in Book 1 of Resolutions. Partial Payments on Contract Work On motion of Councilman Middleton, seconded by Councilman Jorvig, the follow- ing partial payments on contract work in progress, presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of all Members of the Council Members present. FINAL PAYMENT $11,784.13 CURB AND GUTTER 55-20 THRU 55-39. 55-39 & 55-40 Contractor, Victor Carlson & Sons, Incorporated Contract Date, July 11, 1955 Contract price, C & G $1.84 LF, 1' Gutter, 32" Walk .50, Pit Run Gravel, $3.00 CY_ PARTIAL PAYMENT NO. 2 $82608.39 Contractor, Lametti & Sons, Inc. Contract Date, July 11, 1955 Contract Price, $26,607o95. Bonds On motion of Councilman Middleton, seconded by Councilman Jorvig, the follow- ing bonds which have been approved by the City Attorney, were accepted by unanimous vote of all Members of the Council present: HOUSE MOVERS BOND $1,000.00 Doepke Building Movers, principal United States Insurance Company, surety Dated September 21, 1955, covering the moving of Wooddale Church from 40th Street and Wooddale Avenue outside the City Limits. HEATING LICENSE BOND $1,000.00 Keillor Heating Company, principal United Pacific Insurance Company, surety Effective August 31, 1955 Expires December 31, 19550 396 October 3, 1955 �y Bonds. Continued C�9 L� PLUMBINrLIGENSE BOND $4,000.00 Leonard Malon, Principal United States Casualty Company, surety Effective June 22, 1955 Expires December 31, 1955- This is a request to change name from Leonard Malan to Leonard Malon dba Twin City Sanitation Company. CONTRACTORS BOND $11,800.00 Earl A. Sewall Company, Incorporated, principal Saint Paul-Mercury Indemnity Company, surety Dated September 282 1955s covering contract for four-inch oil stabilized street base, Improvements 55-59, etc. Petitions The following petitions received by the City Clerk were referred to the City Engineer and Assessment Clerk: P-1615 Sanitary Sewer in Brunswick Avenue from 32nd Street to 33rd Stkeet. P-1617 Bituminous Surfacing on Ottawa Avenue from 42nd Street to 422 St. P-1618 Bituminous Surfacing on 42nd Street from.Princeton Avenue to Ottawa Avenue. P-1619 Water Main in Kentucky Avenue from Cedar Lake Road to Wayzata Blvd. Resolution No.. 158 Resolution No. 158 entitled RESOLUTION LEVYING ASSESSMENT FOR COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE was read by the Secretary. On motion of Councilman Perkins, seconded by Councilman Jorvig, Resolution No. 158 was adopted by unanimous vote of all Members of the Council present. Resolution No. 158 in Book 1 of Resolutions. Resolution No. 159 On motion of Councilman Davis, seconded by Councilman Jorvig, Resolution No. 159, entitled RESOLUTION INCREASING AMOUNT IN DEPOSITORY BANK (PARK-PLAZA STATE BANK OF ST. LOUIS PARK), having been read by the Secretary, was adopted by unanimous vote of all Members of the Council present. Application for Permit to Erect Sign - Western Outdoor On motion of Councilman Perkins, seconded by Councilman Hurd, the application of Western Outdoor Advertising Companys dated October 3, 1955, for permit to erect a sign on pole at 8300 Minnetonka Boulevard (South 100' of Lots 11 and 12, Block 2, Texa-Tonka Third Addition) for Shell Oil Company was read and referred to the Planning Commission for checking and recommendation, by unanimous vote of all Mem- bers of the Council present. Lots for Storm Sewer On motion of Councilman Davis, seconded by Councilman Middleton, the City Manager was instructed to purchase at the prices hereinafter respectively set forth the following described properties to be used as an outlet for Storm Sewer No. 55-49 in addition to other property previously acquired, by unanimous vote of all Members of the Council present: Better Housing Corporation Lots 29 and 30, Block 4, Boulevard Heights Second Addition $ 760.00 C. W. Kienitz Lots 4 and 5, Block 4, Boulevard Heights Second Addition 378.00 ,Better Housing Corporation Lot 6, Block 4, Boulevard Heights Second Addition 300,00 Melvin Jenneke Lot 8, Block 4, Boulevard Heights Second Addition 300.00 Order to Pay Taxes on Storm Drain Basin Property On motion of Councilman Perkins, seconded by Councilman Middleton, the City Treasurer was authorized to pay current and delinquent real estate taxes and special assessments on following described property, by unanimous vote of all Members of the Council present: October 3, 1955 397 Order to Pay Taxes on Storm Basin Property, Continued Lot 21, Block 4, Boulevard Heights Addition (2nd) 1953 taxes 6160.58 1954 " 117.94 Lot 23, Block 4, Boulevard Heights Second Addition , 1951 taxes 88.64 1952 " 161.34 1953 " 154.42 1954 113.56 Total $517.96 Lot 24. -Block 4, Boulevard Heights Second Addition 1951 taxes $ 88.64 1952 " 161.34 1953 '' 154.42 1954 '! 113.56 Total $517.96 Lot 26, Block 4, Boulevard Heights Second Addition 1953 taxes $160.58 1954 " 117.94 Total $278.52 Minutes On motion of Councilman Hurd, seconded by Councilman Perkins, the minutes of meeting held September 26, 1955 were approved by unanimous vote of all Members of the Council present. Verified Claims On motion of Councilman Middleton, seconded by Councilman Perkins the list of verified claims prepared and certified by the City Clerk and presented to the Council, dated October 3, 1955 in the total amount of $35,731.07 for vendors, was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks to the respective claimants in the amounts respectively set forth in said list, by the following roll call vote: Councilman Bolmgren, yea; Councilman Davis, yea; Councilman Hurd, yea; Councilman Jorvig, yea; Councilman Middleton, yea; Councilman Perkins, yea; Mayor Fernstrom, yea. Meeting Adjourned On motion of Councilman Hurd, seconded by Councilman Middleton, the meeting was adjourned- at 2:53 A. M., by unanimous vote of all Members of the council present. R. C. FEIUSTROM, Mayor ATTEST: JOS H JU AD, Clerk