HomeMy WebLinkAbout1957/06/10 - ADMIN - Minutes - City Council - Regular S
COUNCIL MEETING - June 10, 1957
A regular meeting of the City Council was called to order by Mayor R. C.
Fernstrom at 8:02 P.M.
111/ Invocation was given by Rev. Milo Gerberding of the Cross of Christ
Lutheran Church.
The following Councilmen were present at roll call:
H. J. Bolmgren
H. C. Davis
Robert Ehrenberg
• Torval Jorvig
Gene Schadow
® Kenneth Wolfe
an Also present were the City Manager, Assistant City Manager, City Attorney
t and the Secretary.
In
Minutes - 4
On motion of Councilman Wolfe, seconded by Councilman Schadow, the minutes
of meeting held June 3, 1957, were approved, by unanimous vote of all members of
the Council present.
Adjourned Hearing on Rezoning of Lots 5 & 6. Blk. 4. Sunset Gables Second - 5a
Proposed rezoning of Lots 5 and 6, 14 and 15, Block 4, Sunset Gables Second
Addition (Minnetonka Boulevard, Inglewood and Joppa Avenues) from Residential Use
District to Commercial Use District - requested by B. Horovitz (adjourned from
March 18, April 8 and May 6, 1957).
A motion was made by Councilman Schadow, seconded by Councilman Ehrenberg,
to adjourn the adjourned hearing until June 17, 1957. Motion passed by unanimous
vote of the Council.
Hearing on Widening and Opening of Public Streets, Impr. Nos. 57-24 thru 30 - 5b
Proposed proceedings for acquisition of right-of-way for extension widening
and opening of public streets, Improvement Nos. 57-24 thru 30, as published in
Notice of Hearing published May 30 and June 6, 1957. No one appeared.
On motion of Councilman Schadow, seconded by Councilman Bolmgren, Resolution
No. 401. entitled Resolution Ordering Street Extensions, Improvement Nos. 57-24
thru 57-30, was adopted by unanimous vote of the Council.
Communication Requesting Return of Assessment Books - 6a
Communication dated May 31, 1957, was received from the County Auditor,
Robert F. Fitzsimmons, requesting return of assessment books by Monday, July 1,
1957.
On motipn of Councilman Wolfe, seconded by Councilman Schadow, the above
communication was ordered filed by unanimous vote of the Council.
June 10, 1957
Claim for Damages - David W. Hiimnelman, 2306 Rhode Island Avenue - 6b
Notice of claim for damages was received June 4, 1957, from David W.
Himmelman, 2306 Rhode Island Avenue, allegedly resulting when the water main
located on the claimant's property was moved.
A motion-,was made by Councilman Davis, seconded by Councilman Jorvig,
that the above claim for damages be referred to the City Attorney for advice and
recommendation. . Motion passed by unanimous vote of the Council.
Communication Relative to Lowering Cedar Lake Road - School Board - 6c
Communication, dated June 3, 1957 was recei ied from Andrew Hobart, Clerk,
School Board, Independent School District #205 of St. Louis Park, relat ive to
lowering Cedar Lake Road at the Cedar Manor Elementary School site.
On motion of Councilman Schadow, seconded by Councilman Davis, the above
communication was referred to the Director of Public Works and County Engineer
for adive and recommendation, and to report back to the Council, July 1, 1957,
by unanimous vote of the Council.
Request for Permit to Erect Sign at 5508 Excelsior Boulevard - Naegele Adv. - 6d
Request for special permit under authority of Section 10.3-20 and 10.5
of the Zoning Ordinance to change position of a 16' x 25' (400 sq. ft.) sign at
5508 Excelsior Boulevard (Park Lane Carpet Company) by Naegele Outdoor Advertising
Company was presented to the Council.
On motion of Councilman Davis, seconded by CouncilmanWolfe, the above
request was denied by unanimous vote of the Council.
Request for Removal of Assessment from Tax Statement of Ruedlingers, Inc. - 6e
Request for removal of assessment from tax statement of Ruedlinger's
Inc. for Improvement No. 55-48 (Widening and Paving 36th Street from Zinran to
Aquila) and reports of City Assessor and City Attorney with respect thereto were
presented to the Council.
A motion was made by Councilman Davis, seconded by Councilman Schadow,
that the communication be filed and that the City Manager answer the letter incor-
porating in the letter the advice from the City Attorney. Motion was passed by six
yeas and one nay (Councilman Jorvig voting nay).
Claim for Damages - J. E. Scherer, 2300 Rhode Island Avenue - 6f
Notice of claim for damages, dated June 5, 1957, was received from J.E.
Scherer, 2300 Rhode Island Avenue, allegedly resulting when the water main located
on the claimant's property was moved.
A motion was made by Councilman Davis, seconded by Councilman Jorvig, that
the above claim be referred to the City Attorney for advice and recommendation.
Motion was passed by unanimous vote of the Council.
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June 10, 1957
Telegrams Requesting Enforcement of Zoning Ordinance Prohibiting Wholesale Bakery - 6g
Telegram requests for "enforcement of present zoning ordinance prohibiting
a wholesale bakery from operating in a commercial zone" were received from the
following:
1. Mr. & Mrs. Fred Stern, 2927 Huntington Avenue
2. Phillip Wilensky, 4023 Sunset Boulevard
3. Morton B. Cannon, 4120 Sunset Boulevard
4. Mr. & Mrs. Allan johndreau, 2921 Huntington Avenue
5. Mr. & Mrs. Mitchell Silverman, 2915 Glenhurst Avenue
6. Mr. & Mrs. Paul D. Cook, 2851 Glenhurst Avenue
® 7. Mr. & Mrs.Sflan Jacobson, 2915 Huntington Avenue
CD 8. Mr. & Mrs. J. E. Hutchins, 2855 Joppa Avenue
9. Mr. & Mrs. Mitchell Silvermann, 2915 Glenhurst Avenue
10. Mr. & Mrs. J . F. O'Hara, 2925 Huntington Avenue
11. Dr. & Mrs. Maurice Goldberg, 4010 Sunset Boulevard
12. Mr. & Mrs. Harvey Wilensky, 4009 Sunset Boulevard
13. D. N. Karalis, 2840 Huntington Avenue
14. Mr. & Mrs. Theodore Desnick, 4100 W. Sunset Boulevard
15. Mr. & Mrs. E. Tizman, 2921 Huntington Avenue
On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the above
telegrams were ordered placed on file, by unanimous vote of all members of the
Council.
Request for 15 Minute Night Time Parking at Bell's Delicatessen - 6h
Request, dated June 5, 1957, was received from Samuel Malinsky, North Side
Bakeries, Inc. for 15 minute night time parking restriction in front of Bell's
Delicatessen at 4815 Minnetonka Boulevard.
On motion of Councilman Schadow, seconded by Councilman Davis, the above
request was denied by five Councilman voting yea, Councilman Bolmgren and Councilman
Wolfe voting nay.
Request for Variance under the Subdivision Ordinance - L. C. Otto. 2930 Park Avenue-6i
Request, dated June 6, 1957, for varianace under the Subdivision Ordinance
(Section 12) to permit the dividing of three lots into four lots without sub-
mitting a plat (16th and Ottawa Avenue - Kavlis Cedarmont, Block 1, Lots 11, 12, 13
by Lyle C. Otto, 2930 Park Avenue was presented to the Council.
On motion of Councilman Bolmgren, seconded by Councilman Ehrenberg, the above
request was referred to the Planning Commission for advice and recommendation, by
unanimous vote of the Council.
Request for Variance from Section 2 of Ordinance 557 - L. C. Otto. 2930 Park Ave. - 6i
Request for variance from Section 2 fo Ordinance 557 (Amendment to the
" Zoning Ordinance) prohibiting the platting or subdividing of lots with a width
111 of less than 75 feet (16th and Ottawa Avenue, Lots 11, 12, 13, Block 1, Kavlis
Cedarmont) - by Lyle C. Otto, 2930 Park Avenue, was presented to the Council.
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June 10, 1957
Request for Variance from Section.2 of Ordinance No. 557 - continued
On motion of Councilman Bolmgren, seconded by Councilman Ehrenberg, the
above request was referred to the Planning Commission for advice and recommenda-
tion, by unanimous vote of all members of the Council.
Request for Building Permit at 6305 Cambridge Avenue - Cambridge Brick Company- 6k
Request for approval of the issuance of a building permit for the construc-
tion of a commercial building at 6305 Cambridge, by Cambridge Brick Company, was
presented to the Council.
On motion of Councilman Schadow, seconded by Councilman Jorvig, the Building
Inspector was authorized to issue permit for the construction of a commercial
building at 6305 Cambtidge, subject to compliance with all applicable codes, by
unanimous vote of all members of the Council
Request for Rezoning. Lot 14, Block 3. Sunset Gables 2nd Addition - 61
Request for rezoning of Lot 14, Block 3, Sunset Gables Second Addition (2900
Block on Inglewood Avenue) from Residential Use District to Commercial Use District,
by C. L. Empey, was presented to the Council.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the above
request for rezoning was denied by unanimous vote of the Council.
Enforce Zoning Ordinance for Lot 14, Block 3. Sunset Gables 2nd Addition - 61-2
On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the City
Attorney was diredted to make investigation and take any action necessary to en- ,
force zoning ordinance as to Lot 14, Block 3, Sunset Gables Second Addition, by
unanimous vote of the Council.
Notification of Intent to Play Bingo - 6m
Notification of intent to hold a Bingo game on the 4th of July at Oak Hill
Park, dated June 10, 1957, was received from Erland Swanson, St. Louis Park V.F.W.
Post 5632.
On motion of Councilman Schadow, seconded by Councilman Bolmgren, the
above communication was ordered filed, by unanimous vote of all members of the
Council.
Petition for Sanitary Sewer - P-1738 - Walter Ortman, 2531 Pennsylvania - 6n
Petition for sanitary sewer on Pennsylvania Avenue from Cedar Lake Road
to Oregon Avenue, by Walter Ortman, 2531 Pennsylvania Avenue and others was
presented to the Council.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the
above petition (P-1738) was referred to the Director of Public Works and the City
Assessor for advice and recommendation, by unanimous vote of the Council.
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June 10, 1957
Petition for Sanitary Sewer - P 1737 - John A. Bowers,2544 Oregon Avenue - 6o
111 Petition for Sanitary Sewer on Oregon Avenue from Cedar Lake Road to
Pennsylvania Avenue, by John A. Bowers, 2544 Oregon Avenue and others, was
presented to the Council.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the
above petition (P-1737) was referred to the Director of Public Works and the City
Assessor for advice and recommendation, by unanimous vote of the Council.
Request for Approval of Plot Plan for Building a Church-Assembly of God - 6p
Request for approval of plot plan for building a church (Assembly of God)
at 16th and Texas Avenue, by the St. Louis Park Assembly of God Church, was
91: presented to the Council
On motion of Councilman Wolfe, seconded by Councilman Schadow, the above
request for approval of plot plan for building a church was referred to the
Planning Commission for advice and recommendation, by unanimous vote of the
Council.
Resolution No. 403 Setting Hearing on Storm Sewer District No. 25 - 7a
Resolution No. 403, entitled Resolution Setting Hearing on Proposed Storm
Drain Improvement for June 24, 1957, was read.
On motion of Councilman Jorvig, seconded by Councilman Schadow, Resolution
No. 403 was adopted by unanimous vote of the Council.
First Reading of Proposed Ordinance Regulating Spiking of Beverages - 7b
On motion of Councilman Ehrenberg, seconded by Councilman Davis, the first
reading of proposed ordinance amending existing ordinance regulating spiking
with alcoholic beverages in public places was referred to June 17, 1957, by un-
animous vote of the Council.
Second Reading of Ordinance No. 576 Vacating Alley - Minnesota Rubber - 7c
Second Reading of Ordinance' No. 576, entitled An Ordinance Vacating Alley,
Alley adjacent to Lots 4, 5, 6 and 7, Block 43, St. Louis Park Center and Lots 14
to 35 inclusive, Block 43, Rearrangement of St. Louis Park (Minneeota Rubber
Properties Inc.)
Oh motion of Councilman Ehrenberg, seconded by Councilman Davis, the
second reading of Ordinance No. 576 was waived and the Ordinance was adopted by
unanimous vote of the Council.
Quit Claim Deed- 7d
On motion of Councilman Schadow, seconded by Councilman Davis, the follow- '
ing quit claim deed was approved and the City Attorney was directed to file same
111 with the Register of Deeds of Hennepih County, by unanimous vote of the Council.
June 10, 1957
Quit Claim Deed - continued
That part of Lots 4 and 5, Block 43, St. Louis Park
Center, and that part of Lots 17 to '21, inclusive,
Block 43, Rearrangement of St. Louis Park, lying
north of a line distrant five feet south from the
parallel with the southerly line of 136th Street,
all according to the respective plats thereof on
file and of record in the office of 'the Register of
Deeds in and for said Hennepin County, Minnesota,
for the purpose of dedicating said above described premises as a public street
for the widening of said 36th Street.
Preliminary Report on Petitioned Grading. Improvement Nos. 57-35/38 el. 55-15 - 8a
Preliminary report of the Engineer and recommendaition of the City Assessor
with respect to petitioned grading, Improvement Nos. 517-35 thru 57-38 and 55-15,
were presented to the Council.
On motion of Councilman Davis, seconded by Councilman Schadow, Resolution
No. 404, entitled Resolution Setting Hearing on Street Grading Improvement Nos.
57-35 thru 57-38 and 55-15 for July 1, 1957, was adopted by unanimous vote of the
Council.
Bids for Traffic Signal - Awarded - 9a
Tabulation of bids for traffic signal equipment for Minnetonka Boulevard
and Texas Avenue, and Minnetonka Boulevard and Louisiana Avenue, were presented
by the Director of Public Works.
H. B. Allen Inc. Items 1 thru 10 $5,337.00
Items 11 and 12 No bid
Lehn Electric Co. Items 1 thru 12 $5,992.70
A motion was made by Councilman Schadow, seconded by Councilman Wolfe,
that the bid for furnishing of Traffic-Actuated Control Equipment be awarded to
H. B. Allen Inc., as they were designated as the lowest responsible bidder.
Motion was passed by six yeas and one nay (Councilman Bolmgren voting nay) .
Councilman Bolmgrens reason for voting no is that he feels that two 'posts
at each intersection is all that is necessary.
Adequacy of Supply of Water Relative to Request of E. R. Conry - 9b
Recommendation as to adequacy of supply of water; relative to request of
E. R. Conry for use of City water for sanitation purposes at the proposed build-
ing of B. F. Goodrich Tire Company at Turners Crossroad and Wayzata Boulevard
(requested by Council June 3, 1957) was presented by the Director of Public Works.
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June 10, 1957
Adequacy of Supply of Water - continued
A motion was made by Councilman Schadow, seconded by Councilman Ehrenberg,
that the request for use of city water for sanitation purposes only as set forth
in B. F. Goodrich Tire Company's letter, dated May 27, 1957, and E. R. Conry
Construction Company's letter, dated May 28, 1957, be approved at out of town
rates. Motion was passed by five yeas and two nays (Councilman Jorvig and
Councilman Bolmgren voting nay) .
Councilman Bolmgren says his reason for voting no is that we do not have
any water to spare, and when our pressure gets down low there isn't sufficient
water for our own use, therefore, I don't believe we should sell water outside
CD of the City. .
Proposed Sale of Land at 4200 Brookside Avenue - 9c
Proposed Sale of land at 4200 Brookside Avenue (deferred from January 14,
1957) M i C No. 57-12.
On motion of Councilman Davis, seconded by Councilman Schadow, the City
Manager was authorized to acquire this piece of property at $150.00, by unanimous
vote of the Council.
Request for Reconsideration of the Final Plat of Aretz 4th Addition - 9d
Request for reconsideration of the final plat of Aretz 4th Addition which
was denied by Councilman May 6, 1957 (deferred from June -3, 1957) M & C 57-13
by Harold R. Aretz, Aretz Realty Company.
A motion was made by Councilman Wolfe, seconded by Councilman Bolmgren,
for reconsideration of final Plat of Aretz 4th Addition. Motion was passed by
the following roll call vote, Councilman Bolrygren, yea; Councilman Davis, nay;
Councilman Ehrenberg, nay; Councilman Jorvig, yea; Councilman Schadow, nay;
Councilman Wolfe, yea; Mayor Fernstrom, yea.
A motion was made by Councilman Schadow, seconded by Councilman Ehrenberg,
that the plat of Aretz 4th Addition be denied. Motion was lost by the following
roll call vote, Councilman Bolmgren, nay; Councilman Davis, yea; Councilman
Ehrenberg, yea; Councilman Jorvig, nay; Councilman Schadow, yea; Councilman Wolfe,
nay; Mayor Fernstrom, nay.
A motion was made by Councilman Wolfe, seconded by Councilman Davis, that
the action on the above matter be deferred for 2 weeks, and that Mr. Aretz be
requested to bring Harold Hofstrand to the meeting and that the City Managet get
all pertinent information. Motion was passed by unanimous vote of the Council.
Relative to Fern Hill Playground - 9e
Recommendation of the Planning Commission, and Park and Recreation Advisory
Commission toward developing the proposed Fern Hill Playground. (Deferred by
Council from June 3, 1957) .
Councilman Ehrenberg read the recommendation to the audience present and
explained the situation as it now stands.
June 10, 1957
Fern Hill Playground - continued
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
that any further action by the Council be deferred until Conncil has received
the recommendation from the Planning Consultants, expected sometime this fall.
Motion was passed by five yeas and two nays (Councilman Schadow and Councilman
Jorvig voting no) .
The following remarks from Councilman Schadow: "I object, not because
of the deferral for the Master City Plan; but because I think we should work out
this situation as a test case to determine the degree to which the School Board
will participate in joint playground facilities where we own land contiguous to
School Board property. To defer that negotiation will mean another six months
waiting while we work out our respective policies as to percent of participation.
I would prefer that we start those negotiations now so as to save that time later on.
This action has the effect of postponing this necessary negotiation - in my
opinion.
Councilman Jorvig; voting no, because having seen Mr. Hawks Planning
Commission plan he feels that it is a perfect plan for this area and he feels
that the people in this area should be given every opportunity to carry out this
project on a special assessment basis if they so choose.
Regarding Proposed Bakery Use of Property at 4100 Minnetonka Boulev and - 9f
Consideration of request for an opinion from the City Council as to (1)
whether the proposed bakery use of property_-at 4100 Minnetonka Boulevard is
permitted in a Commercial Use District, and (2) whether any special or other
permits are required from the City Prior to commencing the baking activity
(deferred from April 29 and June 3, 1957) .
Mr. Feinberg of Tobins, 'Davis and Lyons, asked that their request in
April 25, 1957 letter be withdrawn and also requested withdrawal of letter of
said date and requested advice if any permits are necessary for the installation
of Bakery equipment for a retail bakery. He said that a letter covering this
will be forthcoming.
Regarding Proposed City Wide Storm Sewer System - 9R
Consultation with three Engineering firms regarding design of proposed
storm sewer system (scheduled for 9:30 p.m.) .
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, action
on the above was deferred to June 24, 1957, at which time the City Manager and
Director of Public Works will give a report on the two proposals we have from
Banister Engineering Company and G. M. Orr Engineering Company, by unanimous
vete of the Council.
9
June 10, 1957
Bid Award for Bituminous Surfacing - 9h
On motion of Councilman Schadow, seconded by Councilman Wolfe, the bids
of Earl Sewall for furnishing labor and materials for Bituminous Surfacing,
Improvement Nos. 56-22, 66-70 thru 56-76 in the amount of $18,182.50, and Oil
Stabilizing Improvements Nos. 56-77 thru 56-84 and 56-91 in the amount of
$33,404.00, were determined to be the lowest bids of a responsible bidder, and
the Mayor and City Manager were authorized to execute contract in behalf of
the City with said Bidder, by unanimous vote of the Council.
Storm Drainage in Westdale Addition - 9i
c Storm drainage in Westdale Addition (deferred from February 4, 1957)
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
Q that the City accept proposal of Wallace T. Bruce contained in letter, dated
June 7, 1957 as follows:
"to run a 12 inch corrugated iron drain tile from the Southwest
corner of Westdale Addition etc. and install manholes every
350 feet, the City to furnish and pay for the mamhole material
and cover",
and that the City furnish the manhole material and covers and pay for same from
General Fund, limited to $500.00. Motion passed by six yeas and one nay
(Councilman Davis voting nay) .
Appointment of J . Ward Christianson in Park Department - 10a
The City Manager proposed the appointment of J. Ward Christianson as a
laborer (temporary) in Park Department as a replacement for a transfer to the
Recreation Department.
On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the Council
gave its consent and approval to the City Manager's appointment of J . Ward
Christianson as Laborer (temporary), effective June 10, 1957, by unanimous vote
of the Council.
Appointment of Recreation Leaders - lOb
The City Manager proposed the appointment of 51 Recreation Leaders for
temporary employment for the supervised summer recreation program.
On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the
Council gave its consent and approval to the City Manager's appointment of one
Recreation Leader IV, 16 Recreation Leaders III, 23 Recreation Leaders II and 10
Recreation Leaders I for the summer playground and swimming programs, by unanimous
vote of the Council.
Regarding Setback of Fences - 10c
Correction of Zoning Ordinance with respect to setbacks for fences
(Section 1.3-39)was presented by the City Manager.
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June 10, 1957
Regarding Setback of Fences - continued
On motion of Councilman Schadow, seconded by Councilman Davis, the City
Attorney was directed to prepare the necessary ordinance, by unanimous vote of
the Council.
Resolution Rejecting North Side Sewer Bids - 10d
On motion of Councilman Schadow, seconded by Councilman Wolfe, Resolution
No. 402, entitled Resolution Rejecting Bids for Sanitary Sewer Improvement No.
56-52 Sections B and C was adopted by five yeas and two nays (Councilman
Ehrenberg and Councilman Jorvig voted nay)
Bonds - lla
On motion of Councilman Davis, seconded by Councilman Wolfe, the following
bonds which have been approved by the City Attorney were accepted by unanimous
vote of the Council.
Pokorny Plumbing fe Heating Company - Plumbing
Verified Claims - 12a
On motion of Councilman Davis, seconded by Councilman Wolfe, the lists
of verified claims prepared by the Director of Finance and presented to the
Council, dated June 10, 1957, in the total amounts of $12,293.12 for vendors,
and $1,859.80 for payroll were approved, and the City Manager, City Clerk,
and City Treasurer were authorized to issue checks covering same, by unanimous
vote of the Council.
Meeting Adjourned - 13
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the
meeting was adjourned at 2:06 a.m., by unanimous vote of all members of the
Council present.
./P6110Y
R. C. Fernstrom, Mayor
Attest:
`�•seph usta1( Secretary