HomeMy WebLinkAbout1957/03/11 - ADMIN - Minutes - City Council - Regular 400
Council Meeting - March 11, 1957
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 Rev. Walter Bishop of the Union Congregational
Church.
The following Councilmen were present at roll call:
H. J. Bolmgren
H. C. Davis
Robert Ehrenberg
Torval Jorvig
Gene Schadow
Kenneth Wolfe
Also present were the City Manager, City Attorney and Secretary.
Minutes
On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the
minutes of meeting held March 4, 1957, were approved, by unanimous vote of all
members of the Council present.
Hearing on Rezoning of Property South of Great Northern Railroad etc.
Proposed rezoning of property lying south of the Great Northern Rail=
road from the Minneapolis, Northfield and Southern Railway westerly to approx-
imately Idaho Avenue, as described in notice of hearing published in the St.
Louis Park Dispatch, February 21, 1957, from Light Industrial Use and Heavy
Industrial Use to Residential Use, from "C" Density district to "B" Density
district and from 6 story Height district to 2 1/2 story Height district -
initiated by the City Council. Mr. Davenport of Minneapolis Northfield and
Southern Railway and representative from Lithium Corporation and also Kenneth
A. Johnson, 2557 Georgia Avenue were present at the meeting. Discussion followed.
On motion of Councilman Schadow, seconded by.Councilman Ehrenberg, the
City Attorney was directed to prepare an ' Ordinance for the rezoning of the
above property, first reading to be held March 18, 1957, by six members of the
Council voting yea and Councilman $olmgren.voting nay.
Hearing on Proposed Sidewalk.Grading etc. Improvement No. 57-5
Proposed sidewalk construction, boulevard grading, steps and sodding,
Improvement No. 57-5, as described in Notice of Hearing published in the St. Louis
Park Dispatch, February 28 and March 7, 1957.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, Resolution
No. 374, Ordering Sidewalk Construction, Improvement No. 57-5 was adopted by un-
animous vote of all members of the Council present.
4011.
•
March 11, 1957
Hearing on Proposed Curb and Gutter Construction - Improvement Nos. 57-1/57-4
Proposed Curb and Gutter construction, Improvement Nos. 57-1 thru 57-4,
as described in Notice of Hearing published in the St. Louis Park Dispatch Febru-
ary 28 and March 7, 1957. Mr. R. W. Kirk, 2836 Nevada Avenue asked why Improvement
No. 57-4 did not include Lot 10, Block 3, High Holborn along 29th Street as re-
quested' in the petition. The Director of Public Works reported that 29th Street
had to be brought to grade before curb and gutter could be constructed.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, Resolu-
tion No. 375, Ordering Curb and Gutter Construction Improvement Nos. 57-1 thru
57-4, was adopted ,by unanimous vote of all members of the Council present.
Regarding Construction of Curb and Gutter On Louisiana Ave. S. of Lot 42 etc.
On motion of Councilman Davis, seconded by Councilman Wolfe, the City
Manager was directed to have the Director of Public Works check the property lying
adjacent to Louisiana Avenue from the south line of Lot 42, Block 176, Rearrange-
ment of St. Louis Park to its intersection with Lake Street to determine whether
it is advisable to construct Curb and Gutter along that piece of property, by
unanimous vote of all members of the Council _present.
Hearing on Northside Sanitary Trunk Sewer
Proposed supplementary hearing on the Northside Sanitary Trunk Sewer,
Improvement No. 56-52, as described in Notice of Hearing published in the St.
Louis Park Dispatch, February 28 and March 7, 1957. Mayor Fernstrom explained
that this hearing was necessary due to the change of route of trunk sewer in
original hearing. Mr. Huston of G. M. Orr Engineering Company, was present and
explained the change.
On motion of Councilman Schadow, seconded by Councilman Ehrenbe ; Res-
olution No. 376. Amending Resolution No. 277 Ordering Sanitary Trunk Sewe Con-
struction was adopted by unanimous vote of all members of the Council present.
Regarding Method of Assessment of the North Side Sanitary Sewer
On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, that
the action of Council taken March 4, 1957, relative to the method for assessment
, ' of the North Side Sanitary Sewer be reconsidered, after discussion, this motion
was withdrawn and the following motion offered.
A motion was made by Councilman Wolfe, seconded by Councilman Schadow,
not withstanding motion made March 4, 1957, that any decision to be made relative
to the method to be used for assessment of the North Side Sanitary Sewers, be
postponed until further information has been presented- by the City Assessor, and
further study given of' the matter by the Council. Motion was passed by unanimous
vote of all members of the Council present.
402
•
Petition for Watermain Extension on 29th Street & Boone Avenue
Petition for watermain extension on 29th street from existing watermain
to Boone Avenue and on Boone Avenue from 29th Street to Minnetonka Boulevard by
Maurice Swiller, 8531 W. 29th Street and others.
On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the above
petition was referred to the Director of Public Works and the City Assessor for
advice and recommendation, by unanimous vote of all members of the Council present.
Petition for Sidewalk - Texas Avenue from 32nd Street to 33rd Street
Petition for sidewalk on the west side of Texas Aveiue from 32nd -Street
to 33rd Street by Vielan F. Wille, 3230 Texas Avenue and others.
On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the above
petition was referred to the Director of Public Works and the City Assessor for
advice and recommendation, by unanimous vote of all members of theCouncilpresent.
Notification of Bingo Game by Eliot School
Notification of intent to hold a bingo game, dated March 5, 1957, by
Eliot School Parent Teachers Association.
On motion of Councilman Davis, seconded by Councilman Schadow, the above
notification was read and ordered filed, by unanimous vote of all members of the
Council present.
Request for a Special Sign Permit 3986 Alabama Avenue by Schubert Sign Company
Request for a special permit under authority of Section 10.3-20 and
10.5 of the Zoning Ordinance for erection of a 28' x 44" sign (101 sq. ft.) at
3986 Alabama Avenue, by Schubert Sign Company.
On motion of Councilman Davis, seconded by Councilman Jorvig, Resolution
No. 377. Granting Permit Under Section 10.3 of the Zoning Ordinance of the City
of St. Louis Park to erect a sign at 3986 Alabama Avenue was adopted by unani-
mous vote of all members of the Council present.
Request, for Building Permit at 3511 Xenwood Avenue - Walter D. Giertsen Company
Request for approval of the issuance of a building permit for the con-
struction of an office and shop at 3511 Xenwood Avenue (Xenwood Avenue and St. Louis
Avenue) by Walter D. Giertsen Company, dated March 6, 1957.
On motion of Councilman Jorvig, seconded by Councilman Bolmgren, the
building inspector was authorized to issue permit for construction of an office
and shop at 3511 Xenwood Avenue subject to compliance with all applicable codes
by unanimous vote of all members of the Council present, except Mayor Fernstrom
who abstained from voting.
403
March 11,1957
Request for a Building Permit - 24 Lane Bowling Alley, Virginia Ave. i Mtka. Blvd.
Request for approval of the issuance of a building permit for the con-
struction of a 24 lane bowling alley on the northwest corner of Virginia Avenue
' and Minnetonka Boulevard (16 lane alley tentatively approved by Council July 9,
1956, but plan is revised) by Adolph Fine, dated March 4, 1957. Mr. Ralph
Wormsbecher was present representing the petitioner. Councilman Davis, reported
that Planning Consultant had not had an opportunity to make investigation before
Planning Commission meeting of March 6, 1957.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, action
on the above request was deferred until April 8, 1957, by unanimous vote of all
members of the Council present.
Request for Variation of setback Requirements on Signs for Shell Oil Company
Request for variation of the setback requirements of the Zoning Ordinance
(See Ordinance 542) to permit the location of two banjo type gasoline service
station identification signs with zero setbacks at the Shell Oil Company Station
at the southwest corner of Highway #100 and Excelsior Boulevard, by Shell Oil
Company, dated March 8, 1957.
On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the
above request was referred to the Planning Commission for advice and recommendation,
by unanimous vote of all members of the Council present.
Writ of Ouster Relating to Annexation
Writ of Ouster relating to, jurisdiction over area purportedly annexed by
Ordinance No. 530, adopted June 11, 1956 was received.
On motion of Councilman Schadow, seconded by Councilman Wolfe, the Writ
of Ouster was received and ordered filed, by unanimous vote of all members of the
Council present.
First Reading of Proposed Ordinance Regarding Taxicabs and Taxicab Drivers
First reading of proposed ordinance regulating and licensing taxicabs
and taxicab drivers and providing penalties for the violation thereof.
On motion of Councilman Schadow, seconded by Councilman Davis, first
reading of Proposed Ordinance Regulating and Licensing Taxicabs and Taxicab Drivers
iaas waived and the second reading of proposed ordinance be made on March 18, 1957,
by unanimous vote of all members of the Council present.
•
first Reading of Proposed Ordinance Repealing Ordinances Superseded by Ord. 555
First reading of proposed ordinance repealing certain ordinances super-
seded by Ordinance No. 555 .
On motion of Councilman Jorvig, _seconded by Councilman Schadow, the first
reading of Proposed Ordinance Repealing Ordinances Superseded by Ordinance No. 555
was waived and the second reading of proposed ordinance be made on March 18, 1957,
by unanimous vote of all members of the Council present.
404
March 11, 1957
First Reading of Proposed Ordinance Prohibiting Issuance of Checks without
Having Sufficient Funds
First reading of proposed ordinance prohibiting issuance of checks
without having sufficient funds on deposit for payment of same.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
first reading of Ordinance Prohibiting Issuance of Checks without having
Sufficient Funds on Deposit for Payment of Same was waived and that the second
reading of Proposed Ordinance be made on March 18, 1957, by unanimous vote of
all members of the Council present.
First Reading of Proposed Ordinance to Adopt Minnesota Traffic Laws
First reading of proposed ordinance to adopt the Minnesota Motor Vehicle
and Traffic Laws, 1955-1956.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, the first
reading of Proposed Ordinance to Adopt the Minnesota Motor Vehicle and Traffic
Laws, 1955-1956 was waived and that the second reading of Proposed Ordinance be
made on March 18, 1957, by unanimous vote of all members of the Council present.
Second Reading of Proposed Ordinance Amending Ordinance No. 525
Second reading of Proposed Ordinance Amending Ordinance 525 with Regard
to Exemption of Permit Fees,/by unanimous consent of all members of the Council
present. was waived
A motion was made by Councilman Ehrenberg, seconded by Councilman Davis,
that the proposed ordinance amending Ordinance No. 525 with regard to' exemptions
of permit fees be adopted, but before a vote was taken a motion was made by
Councilman Schadow, seconded by Councilman Jorvig, to substitute "may be waived
by the City Council" for "shall be waived" in the 2nd line of Section 2 (c).
Motion was passed by four yeas and three nays.
On motion of Councilman Ehrenberg, seconded by Councilman Davis, Ordin-
ance No. 562. Amending Ordinance No. 525 with regard to exemptions- of permit fees
was adopted by four yeas and three nays.
Second Reading of Proposed Ordinance Prohibiting Sale of Baby Chicks etc.
Second reading of proposed ordinance prohibiting the sale of baby chicks,
other fowl and rabbits.
A motion was made by Councilman Wolfe, seconded by Councilman Davis,
that the second reading of proposed Ordinance Prohibiting the Sale of Baby Chicks,
other Fowl and Rabbits be waived and that the Ordinance be adopted. Motion was
withdrawn.
-On motion of Councilman Davis, seconded by Councilman Wolfe, action on the
above motion was deferred to March 25, 1957 by five Councilman voting yea and
Councilman Ehrenberg and Schadow voting nay.
0
March 11, 1957
Second Reading of Proposed Ordinance Regulating Gasoline Stations
Second reading of Proposed Ordinance Regulating Gasoline Service Stations.
On motion of Councilman Ehrenberg, seconded by Councilman Schadow, the
second reading of Ordinance No. 563 Regulating Gasoline Service Stations was waived
and the ordinance was adopted by unanimous vote of all members of the Council
present.
Second Reading of Proposed Ordinance Prescribing term of Licenses
Second reading of proposed Ordinance Prescribing the Term of all Licenses
issued by the City Manager.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
second reading of Ordinance No. 564 Prescribing the Term of all Licenses Issued
by the City Manager was waived and the ordinance was adopted by unanimous vote of
all members of the Council present.
Approving General Policy in Granting of Liquor Licenses after March 1. 1957
Report of the Committee of the Whole approving a policy to govern the
issuance of on-sale and off-sale intoxicating liquor licenses for the remainder
of 1957 and recommending adoption of the policy by the City Council.
A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg,
that the following policy be adopted for the remainder of 1957 and that it be
entered on the minutes. Motion was passed by unanimous vote of all members of
the Council present.
General Policy to be Followed in the
Granting of Liquor Licenses after March 1, 1957
Personal Requirements of the Applicants
1. The applicant must be a citizen of the United States.
- *III. ' The applicant must- never have been convicted of a felony.
- **3. The applicant must bear satisfactorily the closest scrutiny and
investigation by whatever agencies the city uses, as to character,
integrity and honesty.
**4. The applicant may not hold any interest, disclosed or'undisclosed,
in any other liquor establishment,. Later disclosure of other holdings,
however small, in other liquor establishments shall mean automatic
revocation of the license. -
5. The applicant must divulge-all=persons who have any,financial interest
whatsoever, either silent or open,-to_the council,- and-must state their
exact- interest, personal and financial, in the establishment.
6. The applicant, and any other persons holding an interest, shall be
willing to make a personal appearance before the City Council for
questioning and for giving further information under oath, if requested.
406
March 11, 1957,
General Policy to be Followed in the Granting of Liquor Licenses continued
;8fr(These requirements shall apply not only to the named applicants,
j but to all persons holding any interest, disclosed or undisclosed
in the establishment seeking the license.)
•
Financial Requirements of the Applicants
1. The applicant shall be required to demonstrate financial responsibility,
and shall disclose whether he has ever been adjudicatedbankrupt.
Other 'Conditions and Requirements -
1. No more liquor licenses shall be issued on Excelsior or Minnetonka
Boulevards. -
2. Any applicant receiving an "on sale" license shall operate a quality
restaurant on the same premises and as an integral part of his liquor
establishment. His food and dining service shall occupy the major
part of his establishment.
3. A liquor establishment shall not be the first enterprise or business
developed and operated in any commercial area, nor in any planned or
projected commercial area. A Commercial area must be partially occu-
pied by other commercial enterprises, before a license shall be granted.
4. The fact that an applicant shall have met and fulfilled all of the
above requirements does not in any way' guarantee-that a license shall
be granted.
5. "On Sale" and "Off Sale" licenses will no longer be issued in combina-
tion at the same location, except for renewal at existing locations
of such licenses now in effect.
Report on Off-Sale Liquor License at 6006 Excelsior Boulevard - F.C. Johnson
Report of the Committee of the Whole recommending against the issuance
of an off-sale liquor license at 6006 Excelsior Boulevard to Frederic C. Johnson.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, the applica-
tion of Frederic C. Johnson for an off-sale liquor license at 6006 Excelsior Boule-
vard was denied by unanimous vote, of all members of the Council present.
Planning Commission Minutes of -March 6. 1957 Meeting
On motion of Councilman Wolfe, seconded by Councilman Schadow, the
minutes of the March 6, 1957 meeting of the Planning Commission were received for
filing by unanimous vote of all members of the Council present.
Planning Commission Report on No. 3 - Case 57-7-Z
Report of the Planning Commision (No. 3 - Case 57-7-Z) recommending
favorably upon the request of Anderson &" Cherne Inc. to change the zone on Lots
3 and 4,- Block 1, Hankers Minnikanda Terrace Addition from Residential Use District
to Multiple Use District and the density from "C" to "D".
407
March 11, 1957
111 Planning Commission Report on No. 3- Case 57-7-Z Continued
On motion of Councilman Ehrenberg, seconded by Councilman jorvig, the
hearing date was set for April 1, 1957 for the rezoning of Lots 3 and 4, Block
1, Hanke's' Minikanda Terrace Addition from Residential Use District to Multiple
Use District and the density from "C!' to "D" by unanimous vote of all members
of the Council present.
Planning Commission Report on No. 4 -(Case 57-8-Z)
' Report of the Planning Commission (No. 4 - Case 57-8-Z) recommending
favorably upon the request of E. R. Conry for the rezoning of "That part of the
west 21.2 acres of the NW 1/4 of the SW 1/4 of Section 30, Township 29, Range
24, from Open Development and Commercial Use District to Light Industrial Use
District with conditions.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
hearing date was set for April 1, 1957 for the rezoning of "that part of the
west 21.2 acres of the NW 1/4 of the SW 1/4 of Section 30, Township 29,- Range
24, from Open Development and Commercial Use District to Light Industrial Use
District with conditions by unanimous vote of all members of the Council present.
Planning Commission Report on No. 5- Case 57-10-Z
Report of the Planning Commission (No. 5 - Case 57-10-Z) recommending
unfavorably .upon the request of E. M. Meyers to change the 'zone from Residential
Use District to Multiple Use District and the density from "B" to "D" on Lots
2, 3 and 4, Block 3, Adolph Fine's Addition.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
above request for rezoning was denied by unanimous vote of all members of the
Council present.
Planning Commission Report No. 7 - Case 57-15-Z
Report of the Planning Commission (No. 7- Case 57-15-Z) recommending
unfavorably upon the request of Evil Novak to change the zone on Lots 3, 4, and 5,
Block 3, Hanke's Minikanda Terrace Addition from Residential to Limited Commercial.
On motion of Councilman Wolfe, seconded by Councilman jorvig, action on
the above request for rezoning was deferred to the meeting of March 18, 1957 by
unanimous vote of all members of the Council present.
Planning Commission Report No. 8- Case 57-16-SP
Report of the-Planning Commission (No. 8 -- Case 57-16-SP) recommending
unfavorably on the request of Standard Plumbing Company for a special permit to
erect a recreational building (16 lane bowling alley), for a waiver of setback
requirements alongtiJtah Avenue, and for a special permit to authorize commercial
° parking in a Residential Use District.
408
0.3
March 11, 1957
Planning Commission Report No. 8 - Case 57-16-SP .continued
' On motion of Councilman Wolfe, seconded by Councilman Schadow, the
above request for a special permit to erect a recreational building, for a
waiver of setback requirements along Utah Avenue, and for a special permit to:
authorize commercial parking in a Residential Use District was denied by unanimous
vote of all members of the Council present.
Planning Commission Report No. 10 - Case 57-18-V
Report of the Planning Commission (No. 10 - Case 57-18-V) recommending
unfavorably upon the request of Macey Signs Company for a special permit under
authority of Section 10.3-20 of the Zoning Ordinance for erection of a 51 x 10
1/2' (52.5 sq. ft.) sign and also a request for variation of the setback re-
quirements of the Zoning Ordinance under -authority of Section 20. 4-6 to permit
location of the same sign without the required setback at 4008 Minnetonka Boule-
vard (Howard's Pharmacy) .
'On motion of Councilman Ehrenberg, seconded by Councilman Schadow, the
above request for 'special permit was deferred to March 18, 1957,for action, by '
unanimous vote of all members of the Council present.
Planning Commission Report No. 9 - Case 57-17-Z
Report of the- Planning Commission (No. 9- Case 57-17-Z) recommending
favorably upon the request of A. J. Deters to change the zone of Lots 16 and' 17,
Block 315, Rearrangement of St. Louis Park from Commercial to Light Industrial
with conditions.
On motion of Councilman Jorvig, seconded by Councilman Wolfe, the hear-
ing date was set for April 1, 1957 for the rezoning of Lots 16 and 17, Block 315,
Rearrangement of St. Louis Park from Commercial to Light Industrial with condi-
tions by unanimous vote of all members of the Council present.
Recommended by Planning Commission to Acquire more Land West of Turners Cross Road
Recommendation from the Planning Commission that the Council take the
necessary steps to acquire sufficient land west of the center line of Turners
Cross Road extended south, to create a public right-of-way of 100' width from
Wayzata Boulevard south approximately 1000'.
On motion of CouncilmanDavis, seconded by Councilman Jorvig, the City
Attorney was instructed to negotiate with the Ball Park Property to acquire suffi-
cient land west of the center line of Turners Cross Road extended south, to "create
a public right-of-way of 100' width from Wayzata Boulevard south approximately
1000' and if this fails to start condemnation proceedings,by unanimous vote of all
members of the Council present.
409
March 11, 1957
Concerning a Complete StOrm Drainage-Plan for the City
Study and report concerning a complete sotrm drainage plan for the City
integrated with planning for recreational areas.
_ On motion of Councilman Davis, seconded by Councilman Schadow, the City
Manager was directed to obtain appropriate proposals from consulting engineering
firms, by unanimous vote of all members of the Council present.
Appointment of Probationary Equipment Operator No. 1 _ _
The City Manager proposed the appointment of a probationary Equipment
Operator No. 1, effective March 11, 1957.
On motion of Councilman Schadow, seconded by Councilman Jorvig, the
Council gave its consent and approval to the City Manager's appointment of a
probationary Equipment Operator No. 1, effective March 11, 1957, by unanimous
vote of all members of the Council present.
Reauest for Approval of Building Permit for Service Station at 4701 Excelsior Blvd.
„ 'Request for approval of the issuance of a' building permit for the construc-
tion of a service station at 4701 Excelsior Boulevard by the Standard Oil Company
(deferred from March 4, 1957). -
On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the
building inspector was authorized to issue permit for construction of a service .
station at 4701 Excelsior Boulevard by the Standard Oil Company subject to com-
pliance with all applicable codes, by unanimous vote of all members of the
Council present.
Re: 1957 Insurance Audit Board
The Report of Subcommittee Appointed to Select 1957 Insurance Audit
Board was read.
On motion of Councilman Bolmgren, seconded by Councilman Wolfe, the
Report of Subcommittee Appointed to Select 1957 Insurance Audit Board was adopted
and also the appointment of Mr. Maxwell with the right to select a second qualified
Underwriter to assist in the Audit, with an estimated expense of $100.00, by unani-
mous vote of all members of the Council present.
Resolution No. 378 - Granting Sign Permit to Meyers Outdoor Advertising Company
Resolution No. 378, entitled Resolution Granting Permit Under S&ction 10.3
of the Zoning Ordinance of the City of St. Louis Park -to permit location of a sign
10' x 16' (160 sq. ft.) at 6215 West 36th Street for Suburban Plumbing Company was
read by the secretary.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, Resolution
No. 378 was adopted by unanimous vote of all members of the Council present.
410
March 11, 1957
Verified Claims
On motion of Councilman Bolmgren, seconded by Councilman Schadow, the
list of verified claims prepared by the Director of Finance and presented to the
Council, dated March 11, 1957, in the total amount of $16,782.08 for vendors
was approved, and the City Manager, City Clerk, and City Treasurer were auth—
orized to issue checks covering same, by unanimous vote of all members of the_
Council present.
Meeting Adjourned
On motion of Councilman Davis, seconded by Councilman Jorvig, the meeting
was adjourned at 1:06 a.m., by unanimous vote of all members of the Council present.
R. C. Fernstrom, Mayor
Attest:
T'seph ust/a`�, Secretary
�/