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HomeMy WebLinkAbout1955/07/18 - ADMIN - Minutes - City Council - Regular July 18, 1955 317 REGULAR MEETING JULY 18, 1955 A regular meeting of the City Council was called to order by Mayor R. C. Fernstrom at 8:07 P. M. Invocation was given by Reverend Paul Obenauf of Wooddale Luthern Church. The following Councilmen 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 E. Chenoweth, City Attorney, E. T. Montgomery, and Deputy City Clerk R. B. Connery. Hearing on Proposed Sanitary Sewer Construction, Improvement 55-54 Separate hearings were had on the proposed public improvements described in the following resolution. No persons appeared. Resolution No. 114 On motion of Councilman Middleton, seconded by Councilman Davis, the following resolution, having been read by the Acting Secretary, was adopted by unanimous vote of all Members of the Council present: RESOLUTION ORDERING SANITARY SEWER CONSTRUCTION WHEREAS the City Council has" met at the time and place specified in the notice published in the St. Louis Park Dispatch July 7 and 14, 1955, relating to the public improvements hereinafter described and has heard all interested persons appearing at said meeting and has secured from the City Engineer a report advising it in a pre- liminary way as to whether each proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended; therefore BE IT RESOLVED by the City Council of the City of St. Louis Park that the following public improvements be hereby ordered in accordance with plans and specifi- cations which have been prepared by the City Engineer and filed with the City Clerk, and the City Clerk is hereby directed to advertise for bids which will be opened at the meeting of the Council, August 1, 1955, at 10 A. M. IMPROVEMENT NUMBER LOCATION 55-54 SANITARY SEWER IN West 36th Street from Wooddale Avenue to Webster Avenue; in Webster Avenue from West 36th Street to St. Louis Avenue; and in St. Louis Avenue from Webster Avenue to Yosemite Avenue. Petition for Rea)ning - Mrs. E. J. Hagenson On motion of Councilman Davis, seconded by Councilman Hurd, petition signed by Mrs. E. J. Hagenson, 4115 Excelsior Boulevard, dated July 14, 1955, for rezoning the following described property from Residential Use District to Commercial Use District, was referred to the Planning Commission for checking and recommendation, by unanimous vote of all Members of the Council present: Lot 5 and that part of Lot 4 lying Sally of the NEly 31 1/10 feet thereof except State Highway, Hankes Minikanda Terrace, Block 3. The NEly 31 1/10 feet of Lot 4 and that part of Lot 3 described as follows: Commencing at the most Wly corner of Lot 3; thence NEly along the Nally line thereof to a point 8 feet Sally of the most Nly corner thereof ; thence SEly parallel with the NEly line thereof to a line running from the most Ely corner thereof to a point 11 feet Sally from the NEly line thereof and 12 feet NWly from the SEly line thereof; thence Wly along said line to last described point; thence Wly to a point 17 feet NWly from the SEly line thereof and 20 feet NEly of Sally line thereof; thence SEly 17 feet to SEly line; thence Sally 20 feet to most Sly corner thereof; thence NWly to beginning except State Highway - Lots 3 and 4, Hankes Minikanda Terrace, Block 3. 0A 0 July 18, 1955 Bonds On motion of Councilman Middleton, seconded by Councilman Jorvig, the follow- ing bonds which have been approved by City Attorney, Edmund T. Montgomery, were accbpted, by unanimous vote of all Members of the Council present: CONTRACTORS BOND $5,786.46 Twin City Dirt Movers, principal Saint Paul-Mercury Indemnity Company, surety Dated June 27, 1955, covering grading of West 35th Street from Texas Avenue to the West Line of Aquila Avenue. CONTRACTORS BOND $26,607.95 Lametti and Sons, Incorporated, principal Seaboard Surety Company, surety Dated July 11, 1955, covering contract for construction of Storm Sewer, Improvement 55-43• HOUSE MOVER'S BOND $1,000.00 Doepke Building Movers, principal United Pacific Insurance Company, surety Dated July 14, 1955 CERTIFICATE OF INSURANCE, with Cal Scholtz, 4621 Ewing Avenue South, Minneapolis, Minnesota named as the insured, and Anchor Casualty Company named as the insuror, covering Policy Number OLT 93249, effective July 5, 1955, expiring July 5, 1956 (Street car or bus courtesy benches build by Cal Scholtz and located in St. Louis Park, Minnesota). SIDEWALK OR CURB AND GUTTER CONSTRUCTION BOND - OWNERS PERMIT, in the amount of $500.00, with Einar M. Martinson 6013 Goodrich Avenue, St. Louis Park named as principal, together with Forest Q. Smith, 3225 Xenwood Avenue, St. Louis Park, covering construction of a concrete driveway approach at 3225 Xenwood Avenue, to be completed by the 15th day of August, 1955• Partial Payment on Contract Work On motion of Councilman Middleton, seconded by Councilman Jorvig, the following partial payment on contract work in progress, presented by City Engineer, Phill W. Smith was approved, and the City Manager, City Clerk, and City Treasurer were , authorized to issue warrant covering same, by unanimous vote of all Members of the Council present: PARTIAL PAYMENT NO. 1 $17,229.71 WATER MAIN CONSTRUCTION, IMPROVEMENTS 55-14 and 55-17 Contractor, Phelps-Drake Company, Incorporated Contract Date, May 23, 1955 Contract Price, $35,728.90• Petitions The following petitions received by the City Clerk, were referred to the City Engineer, Assessment Clerk, and Chairmen of the appropriate Committee: P-1591 Sanitary Sewer in Maryland Avenue from Minnetonka Boulevard to 29th Street. P-1592 Sanitary Sewer in Nevada Avenue from 20th Street to 18th Street. Animal Report Animal report of Animal Rescue League of Hennepin County for period of June . 272 1955 thru July 11, 1955, was read and ordered filed. Building Inspector's Weekly Report The Building Inspector's report for weeks ending July 1 and 8, 1955, showing that 43 building permits were issued, totaling $286,750.00, was read and ordered filed. Minutes The minutes of meeting held July 11, 1955 were read. On motion of Councilman Middleton, seconded by Councilman Hurd, the minutes of meeting held July 11, 1955, were approved, by unanimous vote of all Members of the Council present. 1OrdiJuly 18, 1955 319 - Ordinance nance No. 493 -Second reading of the following ordinance was waived by unanimous consent of off Members of the Council. On motion of Councilman Middleton, seconded by Councilman Davis, the following ordinance was adopted by unanimous vote of all Members of the Council present: ORDINANCE kO. 493 AN ORDINANCE VACATING STREET THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. It is hereby determined that a petition, in writing signed by a majority of the owners of property fronting upon the portion of the street herein- after described, has been duly filed with the City Clerk, requesting vacation of said portion of street, and the City Clerk having furnished a copy of said petition to the City Manager and reported same to the City Council, and the Clerk having published notice in the St. Louis Park Dispatch on June 30, 1955, as directed by the Council, and the City Council having met at the time and place as published in said notice and having conducted a public hearing on said petition and having determined that it is for the best interests of the public that said portion of street be vacated as petitioned. Section 2. The following described portion of street, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, be hereby vacated: That part of Utica Avenue adjacent to vacated alley and Lot 1, Block 3, Browndale, lying Southeasterly of the Northwesterly line of said lot extended Northeasterly and Southwesterly of Northeasterly line of Lot 38, B1odk 2, Browndale extended Northwesterly and Northwesterly of the East line of Lot 5, Block 3, •Browndale extended North; also that part of alley lying between Lots 3 and 5, Block 3, Browndale and West of the East line of said Lot 3 extended southeasterly, all according to the plat of said Browndale on file and of record in the office of the Register of Deeds of Hennepin County.' Bids for, Two-Door Sedan - City Manager's Car The City Manager's tabulation of bids received July 13, 1955 for the furnish- ing of One (1) 1955 two-door sedan, according to specifications therefore on file with the City Engineer, was read. Bid Award On motion of Councilman Middleton, seconded by Councilman Jorvig, the bid of Downtown Chevrolet Company, 1666 Hennepin- Avenue, was determined to be the best bid of a responsible bidder, and the City Manager was authorized to issue purchase order for same at price bid, by unanimous vote of all Members of the Council present. Bids for Bituminous Liquids The City Manager's tabulation of bids received on July 13, 1955 for the furnishing of bituminous liquids was read as follows: 1. J. V. Gleason 50,000 Gallons liquid asphalt, .0965 per gal. -- $4825.00 50,000 " M. C. Cutback, .0965 " " -- 4825.00 10,000 " R. C. it .105 " '! — 5250.00 2. Republic Creosoting 50,000 " Road Tar .1525 " !' — 7625.00 Bid Awards On motion of Councilman Perkins, seconded by Councilman Middleton, the above bids of J. V. Gleason for bituminous liquids were determined to be the lowest bid of a responsible bidder, and the Mayor and City Manager were authorized to execute contract for the City with Bidder for same at prices bid, by unanimous vote of all Members of the Council present. On motion of Councilman Perkins, seconded by Councilman Middleton, the above bid of Republic Creosoting Company for bituminous liquids (road tar) was determined to be the lowest bid of a responsible bidder, and the Mayor and City Manager were authorized to execute contract for the City with Bidder for same at price bid, by unanimous vote of all Members of the Council present. 320 July 18, 1955 � Bid for Bituminous Plant Mix The City Manager reported that because only one bid was received on July 133 1955, pursuant to advertisement for same in the St. Louis Park Dispatch, for the furnishing of 10,000 tons (more or less) of bituminous plant mix, same was not opened. It was moved by Councilman Perkins, seconded by Councilman Middleton that above mentioned bid be opened at this time. Motion was passed by unanimous vote of all Members of the Council present. 1. J. V. Gleason $4,80 per ton Total - $48,000.00 Bid_ On motion of Councilman Perkins, seconded by Councilman Middleton, the above bid of J. V. Gleason for furnishing 10,000 tons, more or less bituminous plant mix was accepted, and the Mayor and City'-Manager were 'authorized to execute contract for the City with Bidder for same, by unanimous vote of all Members of the Council present. Verified Claims On motion of Councilman Hurd, seconded by Councilman Jorvig, the following verified claims were approved, and the City Manager, City Clerk and City 'Measurer were authorized to issue checks covering same, 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: Am. Institute/Real Estate Apprs. 7.00 Associated Agencies 7.00 A. B. Bjornson 105.00 A. B. Bjornson 23.75 n u it 11.46 Bristol Company 29.00 Burroughs-Corporation 1.10 Cambridge Brick Company 29.90 City of SLP Prtg. Dept. 34.75 City of SLP Prtg. Dept. 46.31 It 11 It It it . 4.53 " " " Clerk's 1' 1.75 Dictaphone Corporation 33.00 Eastman Kodak Stores, Inc. 45.75 Hawkins Chemical Company 306.00 Hennepin-Lake Stationers 850.25 Home Hardware 2.63 Goodwin Joss Laboratories 12.00 Klein's Super Market 28.30 Wm. H. Mc Coy 369.34 Miller-Davis Company 37.25 Miller-Davis Company 70.80 Minneapolis City Treasurer 50.00 Minneapolis Gas Company 30.57 Minneapolis Gas Company` 79.06 Minn. Fire Equipment Co. 6.00 Minn. Fire Extinguisher Co. 4.00 National Tea Company 33.40 Northern States Power Co. 31678.06 NW Bell Telephone Company 8.90 Penny Super Market 24.32 Phelps-Drake Company, Inc. 17,229.71 Max Renner Well Company 500.00 H. A. Rogers Company 3.30 H. A. Rogers Company 2.52 Rosholt Equipment Co. 3.90 St. Louis Park Landscaping Co. 450.00 St.'Louis Park Landscaping Co.450.00 Standard Duplicator Co. 247.00 Suburban Business Machines 20.00 Archie Smith, M. D. 10.00 Smith Ambulance 20.00 Sub. San. Drayage Co. 45.87 Terry Brothers, Inc. 426•oo West Disinfecting Company 11.65 City Attorney Authorized to Appeal Case On motion of Councilman Hurd, seconded by Councilman Davis, the City Attorney was authorized to appeal case of St. Louis Park vs Stafford King in judgment entered in Ramsey Court to Supreme Court of Minnesota, by unanimous vote of all Members of the Council present. Letter Re Assessment for Storm Sewer at Texas & Highway No. 7 Letter from R. I;. Henretta, Secretary for Knollwood Plaza, Incorporated, dated . July 13, 1955, confirming their understanding with regard to the special assessment to be levied against the property for the construction of storm sewer from Texas Avenue along the service drive to Minnehaha Creek, and stating that they will not contest the levying of this special assessment in any manner whatsoever, was read. On motion of Councilman Davis, seconded by Councilman Jorvig,- copies of the above mentioned letter were ordered made for the City Assessor, City Engineer, and City Manager for their files, by unanimous vote of all Members of the Council present. Petition for Rezoning Petition, presented by Councilman Perkins, signed by Carl Jensen, 9425 Cedar Lake Road, and others to rezone property on the North Side of Cedar Lake Road from Highway No. 18 to Flag Avenue for Residential Use, was read. On motion of Councilman Hurd, seconded by Councilman Middleton, the Clerk was directed to inform petitioners listed on above petition of the ordinance governing this type of rezoning, by unanimous vote of all Members of the Council present. July 18, 1955 321 Request for Building Permit for Warehouse and Sales Room Mr. George F. Cook of Cook Construction Building appeared and requested a building permit for the construction of a 16,000 square foot warehouse and sales room 500 feet West of Highway No. 100 adjacent to Great Northern Railway Tracks at an estimated cost of $125,000.00, for Phillippi Equipment Company. On motion of Councilman Jorvig, seconded by Councilman Middleton, the above request for permit was approved, and the Building Inspector was authorized to issue same, by unanimous vote of all Members of the Council present. Re: Patching and Sealing City Streets Councilman Perkins presented the matter of patching and sealing of city streets. The Street Commissioner informed him that they still had 115 blocks, at an estimated cost of $77,000.00 to do this season. It was moved by Councilman Perkins, seconded by Councilman Davis, the City Manager was asked to prepare a list of streets to be repaired, together with specifications for same, preparatory to advertising for bids on same. Motion was passed by unanimous vote of all Members of the Council present. Continued Re-hearing on Proposed Widening, Grading & Surfacing of West 36th Street Continuation of Re-hearing on Proposed Widening, Grading and Surfacing of West 36th Street from Aquila Avenue, east to a point midway between Zinran Avenue and Aquila Avenue by acquisition of an additional 30 feet in order that there may be a full 60 foot Right-of-Way, and for grading and bituminous surfacing of West 36th Street from Zinran Avenue to Aquila Avenue which was had on July 11th, and continued to this date, was resumed at this time. Discussion ensued. Resolution No. 115 On motion of Councilman Hurd, seconded by Councilman Perkins, the following resolution, having been read by the Secretary, was adopted by unanimous vote of all Members of the Council present: RESOLUTION ORDERING WIDENING, GRADING & SURFACING OF WEST 36TH STREET WHEREAS the City Council has met at the time and place specified in the notice published in the St. Louis Park Dispatch June 30 and July 72 1955, relating to the public improvements hereinafter described and has heard all interested persons appearing at said meeting and has secured from the City Engineer a report advising it,in a preliminary way as to whether each proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvements as recommended; therefore, BE IT RESOLVED by the City Council of the City of St. Louis Park that the following public improvements be hereby ordered in accordance with plans and speci- fications which have been prepared by the City Engineer and filed with the City Clerk, and it appearing that the cost of the grading will be less than $2,000.00, the Street Department is ordered to do the grading and bituminous treatment by day labor. IMPROVEMENT NUMBER LOCATION 55-48 Widening of West 36th Street from Aquila Avenue (extended south), east to a point midway between Zinran Avenue and Aquila Avenue by acquisition of an additional 30 feet in order that there may be a full 60-foot right of way, and grading and bituminous surfacing of West 36th Street from Zinran Avenue to Aquila Avenue. Report on Surfacing of Texas Avenue from Highway No. 7 to Minnetonka Boulevard The City, Manager made a report on surfacing of Texas Avazue from Highway No. 7 to Minnetonka Boulevard ,- suggesting that temporary repairs could be made for now for approximately $1,000.00. On motion of Councilman Perkins, seconded by Councilman Middleton, the City Engineer was directed to make temporary repairs to Texas Avenue from Highway No. 7 to Minnetonka Boulevard at estimated cost of $1,000.00, to be paid for from the General hind, by unanimous vote of all Members of the Council present. Complaint Re: Automatic Food Vending Machine at Meadowbrook Manor - Strauss Ed Strauss of Retail Grocers Association appeared, stating that food vended by the automatic food vending machine at Meadowbrook Manor do not comply with the State food laws. He brought samples showing that food is not marked for weight, etc. On motion of Councilman Perkins, seconded by Councilman Hurd, the above matter was referred to the City Manager for action if there is any violation of State 322 July 18, 1955 Complaint Re: Automatic Food Vending Machine, Cont'd. ; food--laws is found, by unanimous vote of all Members of the Council present. Applications for Four Signs - Brede, Inc. Applications of Brede, Incorporated, dated July 11, 1955, for 1 non- illuminated and 4 illuminated signs to be placed on building at 8440, 44, 48, 52, Highway No. 7, for Powers Mercantile Company, were discussed. On motion of Councilman Jorvig, seconded by Councilman Perkins, the above applications were referred to the City Manager for checking and report, by unani- mous vote of all Members of the Council present. It was moved by Councilman Hurd, seconded by Councilman Davis that the above motion be amended to read "application were-referred to the City-Manager with full authority to act on all four signs." Motion was passed by unanimous vote of all Members of the Council present. Proposed Vending Machine Ordinance On motion of Councilman Davis, seconded by Councilman Middleton, the City Attorney was directed to prepare a vending machine ordinance to be presented to the Council at July 25, 1955 meeting, by unanimous vote of all Members of the Council present. Statement of City Funds On motion of-Councilman Davis, seconded by Councilman Jorvig, the City Attorney and City Clerk were ordered to prepare a statement of City funds which could be deposited in the Park Plaza State Bank of St. Louis Park, by unanimous vote of all Members of the Council present. Petition for Rezonsideration of Water Disposition, Oregon Avenue Storm Sewer Albert J. Hoffman, 3129 Oregon Avenue appeared with 11 others and presented a petition for reconsideration of water disposition in proposed Oregon Avenue storm sewer. Mayor Fernstrom explained the problem at the above location. The City Manager suggested that the catch basin on 31st Street be eliminated. Someone asked if the area could be leveled off so there would not be a drop-off and gullies. It was moved by Councilman Hurd, seconded by Councilman Jorvig, that the City Engineer discuss the elimination of the catch basin at 31st Street and Oregon Avenue, and the leveling off so as to change the direction of water flow, with the Hennepin County Engineer. Motidn was passed by unanimous vote of all Members of the Council present. Proposed Adoption of New Typical Curb and Gutter Section - City Engineer The City Engineer proposed the adoption of a new typical curb and gutter section to be used in St. Louis Park. He gave a description, comparison, and his reasons for recommending same. On motion of Councilman Hurd, seconded by Councilman Middleton Type B618, and type B624 (where wider gutter is needed) curb and gutter sections were approved and adopted, and that the City Engineer be authorized to use same, and include them in specifications for curb and gutter work, by unanimous vote of all Members of the Council present. Re: Sewer Connection at 3650 France Tom Motzko of Motzko Plumbing Company appeared regarding a sewer connection he made for M. J. Engelbert at 3650 France Avenue. Said he had to lower the service connection under the sidewalk, necessitating a charge of $433.60 for the job. He was asked what the original amount of his contract for the work was. He could not quote the exact sum but said it was in the neighborhood of $200.00. He was asked to bring in the original agreement to the City Manager. On motion of Councilman Davis, seconded by Councilman Middleton, the above matter was referred to the City Manager for checking and report, by unanimous vote of all Members of the Council present. Stop Sign for 39th & Yosemite Councilman Middleton brought up the matter of a bad accident occurring at the corner of 39th Street and Yosemite Avenue and said he believed that a stop sign should be placed at this corner. The City Manager was asked to check with the Police Department concerning the need for a stop sign at this location. 2OrdiJuly 18, 1955 323- Ordinance nance for Stop Signs On motion of Councilman Jorvig, seconded by Councilman Middleton, the City Attorney was directed to prepare an ordinance for stop signs to include a section covering the installation of temporary stop signs for a period not to excedd 60 days; and the Police Department was instructed to furnish the City Manager with a list of all stop signs in the City, by unanimous vote of all Members of the Council present. City Attorney's Report on Claims for Damages The City Attorney made a report on claims for damages resulting from weed spraying. Said this is a governmental function, etc. Mayor Fernstrom said he had been served a complaint by mail to appear in Conciliation Court in the matter of the Stanley Worthingham claim for damages to his awnings during the 1954 season. City Attorney Montgomery said he would take care of this. On motion of Councilman Davis, seconded by Councilman Jorvig, the City Attorney was directed to send letters to Mrs._ E. W. Mc Bride, 7813 Edgebrook Drive, and Sim Heller, 2533 Inglewood Avenue in reply to their claims for damages to their respective gardens resulting from weed spraying, informing them of the statute of limitations, etc., by unanimous vote of all_ Members of the Council present. On motion of Councilman Davis, seconded by Councilman Perkins, the City Attorney was directed to write a letter to Stanley Worthingham, 2636 Webster Avenue regarding his claim for damages to his awnings during the summer of 1954, by unani— mous vote of all Members of the Council present. Meeting Adjourned On motion of Councilman Davis, seconded by Councilman Middleton, the meeting was adjourned at 1:05 A. M., July 19; 1955, by unanimous vote of all Members of the Council present. R. C. FERNSTROM, Mayor ATTEST: R. B. QJNNERY, Deputy Clerk