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HomeMy WebLinkAbout1957/08/12 - ADMIN - Minutes - City Council - Regular 71 Council Meeting - August 12, 1957 A regular meeting of the City Council was called to order by Mayor R. C. Fernstrom at 8:03 p. m. The following Councilmen were present at roll call: 'H. J. Bolmgren H. C. Davis Robert Ehrenberg Torval Jorvig Gene Schadow (Councilman Davis left the Kenneth Wolfe meeting at 11 p. m. ) CD Also present were the City Manager, Assistant City Manager, City Manager Intern, Planning Consultant & Chas. Bassford, acting attorney and ,the Secretary. vet Minutes - 4 On motion of Councilman Robert Ehrenberg, seconded by Councilman H. J. Bolmgren, the minutes of meeting held July 29, 1957, were approved, by unanimous vote of all members of the Council present. Hearing on Proposed Vacation of Oregon Avenue - Rodgers Hydraulic Inc. - 5a Public hearing was had on the proposed vacation of (1) Oregon Avenue be- tween State Highway No. 7 and the southerly line extended easterly of Lot 3, Block 316, Rearrangement of St. Louis Park; (2) Alley in Block 316, Rearr. of St. Louis Park, and being adjacent to Lots 1, 2, 3 and 40 through 48, of said Block 316, and Lots 2 and 3, Auditor's Subdivision No. 327; (3) Alley in Block 323, Rearrangement of St. Louis Park, adjacent to that portion of Lot 12 in said Block 323 lying north of Highway 7 as advertised in the St. Louis Park Dispatch July 25, 1957, requested by Rodgers Hydraulic Inc. The following persons were present to support the request: John Rodgers and Rex Kitts. There was no opposition. (see 7 D later in meeting). Hearing on Proposed Watermain and Bituminous Stabilized Base Construction 57-46 thru 57-50 - 5b Hearing was had on proposed watermain and bituminous stabilized base construction Improvements Nos. 57-46 thru 57-50 as described in Notice of Hear- ing published August 1st and August 8th, 1957 in St. Louis Park Dispatch. Floyd Feikeme, 2524 Quebec Avenue, who said he represented a majority of the home owners in this block, spoke in opposition to Improvement No. 57-48, and requested that it not be constructed at this time. Mrs. Frank Hiscocks, 1640 Texas Avenue spoke about Improvement No. 57-50 and requested that the street be put in good shape at the same time watermain is constructed. Councilman Davis spoke on the advisability of putting all underground services in streets at the same time, to avoid the necessity of tearing up the streets more than once. August 12, 1957 Resolution No. 431 - Ordering Watermain & Bituminous Stabilized Base Construction On motion of Councilman Bolmgren, seconded by Councilman Ehrenberg, Resolution No. 1131, entitled Resolution Ordering Watermain and Bituminous Stabilized Base Construction, Improvements No. 57-46, 57-47, 57-49 and 57-50, the date for taking bids to be set by City Manager was adopted by vote of 6 yeas. (Councilman Davis voting nay). Communication Regarding Ruedlinger Assessment - 6a Communication from John A. Yngve Attorney concerning an assessment for paving of 36th Street from Zinran Avenue to Aquila Avenue was read. I-w A motion was made by- Councilman Wolfe, seconded by Councilman Schadow directing the City Manager to write a letter to Attorney Yngve and Ruedlingers a explaining that the City Council has been advised by the City Attorney that p ° the Council has no power to make a change in the assessment. Motion was passed by 4 yea vote, Councilman Jorvig voting nay, Councilman Bolmgren, not voting. (Councilman Davis was absent when vote was- taken). Communication regarding property at 3047 Toledo Ave. - Daniel Rauscher - 6b Communication regarding discussion of property at 3047 Toledo Avenue at Council meeting by Daniel J. Rauscher,, (see 6q) was received. Petition for Watermain - Kenneth Wolfe - 6c Petition for sanitary sewer on West 34th Street from Great Northern Railroad (Hopkins Spur) to Minnehaha Creek by Kenneth Wolfe, 8825 West 34th Street and others, was received. On motion by Councilman Schadow, seconded by Councilman Jorvig, the above petition No. P 1761 was referred to the Director of Public Works and City Assessor for advice and recommendation, by unanimous vote of 6 members of the Council present. (Councilman Davis absent when vote was taken). Petitition for Curb & Gutter - Hildur Hallbloom - 6d Petition for Curb and Gutter on the West side of Natchez Avenue from West 38th Street to Lot 1, Block 8, Minikanda Vista 2nd Addition by Hildur Hall- bloom, 3732 Natchez Avenue and others, was received. On motion by, Councilman Schadow, seconded by Councilman Jorvig the above petition No. P 1762 was referred to the Director of Public Works and City Assess- or for advice and recommendation, by unanimous vote of 6 members of the Council present. (Councilman Davis absent when vote was taken). Petition for Curb and Gutter - Oliver B. Nypan - 6e Petition for Curb and Gutter on the East side of Kentucky Avenue from Cedar Lake Road to West 22nd Street by Oliver B. 1Nypan, 2217 Kentucky and others, was received. On motion by- Councilman Schadow seconded by- Councilman Jorvig the above 73 • August 12, 1957 Petition No. P 1763 was referred to the Director of Public Works and City Assessor for advice and recommendation, by unanimous vote of 6 members of the Council present. (Councilman Davis absent when vote was taken). Petition for Curb and Gutter - Lyle E. Polley - 6f Petition for Curb & Gutter on West side of Kentucky Avenue from Cedar Lake Road to West 22nd Street by Lyle Polley,. 2220 Kentucky Avenue and others, was received. On motion by Councilman Schadow seconded by Councilman Jorvig the above Petition No. P 1764 was referred to the Director of Public Works and City Assess- or for advice and recommendation, by unanimous vote of 6 members of the Council CD present. (Councilman Davis absent when vote was taken). l.fa Petition for Sanitary Sewer - Edward T. McDonald - 6g Petition for sanitary sewer on Texas Avenue from Cedar Lake Road to Franklin Avenue by Edward T. McDonald, 2312 Texas Avenue and others, was received. On motion by Councilman Schadow seconded by Councilman Jorvig the above Petition No. P 1765 was referred to the Director of Public Works and City Assessor for advice and recommendation by unanimous vote of 6 members of the Council present. (Councilman Davis absent when vote was taken). Request for Approval of Grade - C. H. Klein and E. R. Conry - 6h Request for approval of grade by C. H. Klein and E. R. Conry was received. On motion by Councilman Schadow, seconded by Councilman Jorvig, the above request for approval of Grade of C. H. Klein and E. R. Conry property, lying North of Cedar Lake Road, East of Zarthan Avenue, was referred to the Director of Public Works for comparison with grade established,by existing permit held by C. H. Klein and recommendations, by unanimous vote of 6 members of Council present. (Councilman Davis absent when vote was taken). • Request for Variance Zoning Ordinance - Bernard Monroe - 6i Request for variation (under authority of Section 20.4-8) of the 4' side yard requirement of the Zoning Ordinance (Section 15.6-2) to permit erection of a garage within 2' of the property line by Bernard Monroe, 2957 Texa-Tonka Avenue, was received. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the request of Bernard Monroe was referred to Planning Commission for advice and recommendation, by unanimous vote of all members of the Council. Request for Special Permit for Sign - Milk House - 6j Request for special permit under authority of Section 10.3-20 and 10.5 of the Zoning Ordinance for erection of a 7'6" & 16' x 84' wall mounted sign (in excess of 48 sq. ft. ) at 4201 Minnetonka Blvd. (Milk House) by Naegle Advertising Company, was received. 7 4 August 12, 1957 • On motion of Councilman Davis, seconded by Councilman Jorvig, the above request for special permit for Milk House sign was denied by unanimous vote of all members of the Council. Request for Variance of Setback - Park Terrace - 6k Request for variation of the setback requirements of the Zoning Ordin- ance under authority of Section 20.4-6, to permit location of a sign without the required setback at 11700 Excelsior Boulevard (Park Terrace) by LeRoy Signs, Inc. was received. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the above request for variance of setback requirements for sign for Park Terrace was denied by unanimous vote of 6 members of the Council present. (Council- man Davis was absent when vote was taken). Request for Approval of Preliminary Plat - Westwood Hills lath Addition - 61 Request for approval of preliminary plat of Westwood Hills lath Addition by Murri-Mac Company, was received. On motion of Councilman Davis, seconded by Councilman Wolfe,, the pre- liminary plat of Westwood Hills lath Addition was referred to the Planning Commission and Director of Public Works for examination and report by unanimous vote of all members of the Council. On motion of Councilman Davis, seconded by Councilman Jorvig, the City Clerk was directed to publish a Notice of Hearing on the Proposed Preliminary Plat of Westwood Hills lath Addition, before the Planning Commission September 4, 1957. Motion was passed by unanimous vote of all members of the Council. Request for Variance - Section 2 of Ordinance No. 557 - Allan W. Garrison - 6m Request for variance from Section 2 of Ordinance 557 (Amendment to the Zoning Ordinance) prohibiting the subdividing of Lots with a width of less than 75 feet - also a request for variance under the Subdivision Ordinance (Section 12) to permit the division of four lots into three by Allan W. Garrison, was received. On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the above request of Allan W. Garrison for variance from Section 2 of Ordinance No. 557 was referred to the Planning Commission for advice and recommendation by unanimous vote of the 6 members of the Council present. (Councilman Davis was absent when vote was taken). Request for Variance to Platting Regulations - A. H. Boehland - 6n Request for variance from Section 2 of Ordinance 557 (Amendment to the Zoning Ordinance) prohibiting the subdividing of lots with a width of less than 75 feet - also a request for variance under the subdivision Ordinance (Section 12) to permit the division of three lots into two by A. H. Boehland as follows: Lots 25, 26 and 27, Block 6, Thorpe Bros. University Club Addition was received. 7 5 August 12, 1957 A motion was made by Councilman Jorvig, seconded by Councilman Bolmgren, that upon the application of A. H. Boehland for a variance from Section 2 of Ordinance No. 557 (Amendment to the Zoning Ordinance) prohibiting the subdiv- iding of lots with a width of less than 75 feet - also a request for variance under the Subdivision Ordinance (Section 12) to permit the division of three lots into two, that the Council find: 1. That there are special circumstances or conditions affect- ing said property such that the strict application of the ordinance would deprive the applicant of the reasonable use thereof, 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner, 3.' The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated, and that the request for variance be granted to make Lots 25, 26 and 27, Block 6, et Thorpe Bros University Club Addition into two lots. Motion was passed by unan- ° imous vote of all members of the Council. Request for Issuance of Building Permit - M. L. Gordon Sash & Door Co. - 6o Request for approval of the issuance of a building permit for an exten- sion of the present building at 3550 Dakota Avenue by M. L. Gordon Sash & Door Company- was received. Mr. Gordon was present without plans, so no action was taken on permit. Mr. Gordon inquired about setbacks and the Planning Consultant, Jim Hawks, told him that he should use the setback of Meyers Outdoor Adv. Building for the South exposure, and the setback of the present Gordon building for the East exposure. Request for Special 'Permit for Sign - Pastime Arena - 6p Request for special permit under authority of Section 10.3-20 and 10.5 of the Zoning Ordinance for 24' x 200' painted wall sign (in excess of 48 sq. ft. ) at 5626 W. Lake Street (Pastime Arena) by Dahlen Sign Company was received. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the above request of Dahlen Sign Company for a special permit for a sign for Past- ime Arena was denied by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when vote was taken). Request for Special Permit - Daniel and Marion Rouscher, 3047 Toledo Ave. - 6q Request for special temporary permit under authority of Sections 10.2-5, 10.2 and 10.5 of the Zoning Ordinance for operation of a nursing home in a Resf ntial Use District (3047 Toledo Avenue) by Daniel and Marion Rouscher, was received. • Attorney Michael L. Robins for petitioner was present and spoke in favor of request. J' - On motion of Councilman Davis, seconded by Councilman Jorvig, the above request of Danial and Marion Rouscher was referred to the Planning Commission 76 August 12, 1957 for advice and recommendation by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when vote was taken). Petition for Sanitary Sewer - L. C. Hansen - 6r Petition for sanitary sewer on Melrose Avenue from 16th Street to Parker Road by L. C. Hansen, 1611 Melrose Avenue and others was presented. On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the Petition of L. C. Hansen and others for Sanitary Sewer on Melrose Ave., 1600 Block was referred to the Director of Public Works and City Assessor for advice and recommendation, by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when vote was taken). Request for Building Permit - Park Assembly of God Church - 6s t Request for approval of the issuance of a building permit for the con- struction of a Church Building at 1615 _Texas Avenue by Reverend Don Patz, was received. On motion of Councilman Jorvig, seconded by Councilman Schadow, the Building Inspector was authorized to issue building permit to the Park Assembly of God Church for the erection of a church at 1615 Texas Avenue subject to compliance with all applicable codes, by unanimous vote of.all members of the Council. See page 85 for 6t Resolution No. 432 - Amending Assessment Resolution (adjustment of watermain, Impr. No. 51-18 and sanitary sewer, Impr. No. 52-308)- 7a On motion of Councilman Schadow, seconded by Councilman Jorvig, Resolution No. 432, entitled Resolution Amending Assessments of Watermain Improvement No. 51-18 and Sanitary Sewer Improvement No. 52-308, was adopted by unanimous vote of the 6 members of the Council present. (Councilman Davis was absent when vote was taken). Resolution No. 433 - Requesting the County Board of Hennepin County to proceed with Improvement of State Aid Road No. 16 - 7b On motion of Councilman Ehrenberg, seconded by Councilman Bolmgrep, Resolution No. 433, Requesting the County Board of Hennepin County to proceed with improvement of County Road 16, was adopted and the City Clerk was directed to furnish a copy of the resolution to the County Board by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when vote was taken). First Reading of Proposed Ordinance Amending the Zoning Ordinance - C. Freidheim - 7c First reading of proposed ordinance Amending the Zoning Ordinance re- zoning the following property requestedjby C. Freidheim: All that part of the SW 1/4 of Section 30, Township 29, Range 24, and all that part of the NW 1/4 of Section 31, Township 29, Range 24, lying southerly of Cedar Lake Road, easterly and northerly of County Road No. 16 and westerly of State Highway No. 100. fil 7 7 August 12, 1957 On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the first reading of the above ordinance was waived and the date set for the second reading on September 9, 1957, by unanimous vote of the six members of the 'Council present. (Councilman Davis was absent when the vote was taken). First Reading of Proposed Ordinance Vacating a Portion of Street, and Alleys (Oregon Avenue and alleys requested by Rodgers Hydraulic Inc. ) - 7d First reading of proposed ordinance Vacating the following street and alley, requested by Rodgers Hudraulic Inc.: Oregon Avenue, between State Highway No. 7 and the southerly line extended easterly of Lot 3, Block 316, Rearrangement of St. Louis Park, according to the plat thereof on file and of record in the CD office of the Register of Deeds of Hennepin County; s-� Alley in Block 316, Rearrangement of St. Louis Park, according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, and being adjacent to Lots 1, 2, 3 and 40 through ).8, of said Block 316, and Lots 2 and 3, Auditor's Sub- division No. 327; Alley in Block 323, Rearrangement of St. Louis Park, according to the plat thereof on file and of record in the office of the Register of Deeds of Hennepin County, adjacent to that portion of Lot '12 in said Block 323 lying north of Highway 7. On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the first reading was waived and the date set for second reading on August 19, 1957. Motion was passed by unanimous vote of the six members of the Council present. (Councilman Davis was absent at the time of voting). First Reading of Proposed Ordinance Amending Sections 5 of Ordinance No. 176 Relating to Delinquent Water Accounts and Repealing Original Section 5 of said Ordinance - 7e First reading of proposed ordinance Amending Section 5 of Ordinance No. 176 relating to Delinquent Water Accounts and repealing original Section 5 of said Ordinance. On motion of Councilman Schadow, seconded by Councilman Jorvig, the first reading was waived and the date set for second reading on August 19, 1957. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent at the time of voting). First Reading of Proposed Ordinance Requiring Payment of Taxes and Special Assessments Levied Against Premises Licensed by the City, and Amending Cer- tain Ordinances - 7f First reading of proposed ordinance requiring Payment of Taxes and Special Assessments Levied Against Premises Licensed by the City and Amending Certain Ordinances. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the first 8 August 12, 1957 reading was waived and the date set for second reading on August 19, 1957. Motion was passed by unanimous vote of six members of the Council present. (Councilman Davis was absent at the time of voting). First Reading of Proposed Ordinance Amending Ordinance No. 407, Regulating Signs & Billboards (M&C 57) - 7g On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the first reading was waived and the date set for the second reading on August 19, 1957. Motion was passed by unanimous vote of six members of the Council present. (Councilman Davis was absent then the vote was taken). First Reading of Proposed Ordinance Amending Section 3 of Ordinance No. 154, Establishing Fees for Special Services (M & C 57-17) - 7h On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the first reading was waived and the date set for second reading on August 19, 1957. Motion was passed by unanimous vote of six members of the Council present. (Councilman Davis was absent at the time of voting). Second Reading of Proposed Ordinance Amending the Zoning Ordinance - C. Maxwell -7i Second Reading of proposed ordinance Amending the Zoning Ordinance (re- zoning Lot 20, Huntington Woods First Addition, requested by C. Maxwell, from Residential Use District to Multiple Dwelling Use District. Mr. Newquist of 4222 W. 36th Street and Mr. Swenson of 4320 W. 36th Street and others were present and spoke in opposition to the rezoning. ): Ordinance No. 580 On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the second reading of Ordinance No. 580, entitled An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park, was waived and the ordinance was adopted by unanimous vote of all members of the Council. Second Reading of Proposed Ordinance Amending the Zoning Ordinance (rezoning of Property South of Great Northern Tracks from M N & S Railroad westerly to approximately Idaho Avenue - City Council - 7j Second reading of proposed ordinance Amending the Zoning Ordinance rezoning the property south of Great Northern Tracks frog} M N & S Railroad westerly to approximately Idaho Ave. from the Light Industrial Use District and Heavy Industrial Use District to Open Development District. Ordinance No. 581 On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the second reading of Ordinance No. 581 entitled An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park, was waived and the ordinance adopted by a 5 yea vote. Councilman Bolmgren voting nay. (Councilman Davis was absent when the vote was taken). Second Reading of Proposed Ordinance Amending the Zoning Ordinance (rezoning the northern portion of Lots 3 and 4, Block 1, Hankers Minikanda Terrace Addition) - Clinton Corporation - 7k 79 August 12, 1957 The second reading of proposed ordinance Amending the Zoning Ordinance rezoning the northern portions of Lots 3 and 4, Block 1, Hanke's Minikanda Terrace Addition from Residential Use District to Limited Commercial Use District. Ordinance No. 582 On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the second reading of Ordinance No. 582 entitled An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park, was waived and the ordinance was adopted by unanimous vote of six members of the Council present. (Councilman Davis was absent at the time of voting). • CD Preliminary report of the Director of Public Works and Recommendation of the City Assessor - Improvement 57-52 - 8a L' Preliminary Report of the Director of Public Works and recommendation of the City Assessor with respect to petitioned grading, graveling, bituminous stabilizing and water main, Improvement No. 57-52, was presented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the petition for grading, graveling, bituminous stabilizing and water main Improve- ment No. 57-52, Zarthan Avenue from existing dead end to West 28th Street from Zarthan Avenue to 1/2 block west, was denied by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Proposed 1958 Budget - City Manager - 8b 111 The Proposed 1958 Budget was presented to the City Council by the City Manager. On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, action on the 1958 budget was deferred until September 9, 1957. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Report of Employee Promotions - City Manager - 8c On motion of Councilman Ehrenberg, seconded by Councilman Schadow, the Council gave its consent and approval to the City Managers promotion of: Gene Schurman to Probationary Engineering Aid III, Dickman Knutson to Probationary Civil Engineer I, George Vita to Permanent Equipment Operator II, all effective August 12, 1957, by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Report of City Activities for July, 1957 - City Manager - 8d Report of City Activities for July, 1957 was presented by the City Manager. On motion of Councilman Schadow, seconded by Councilman Ehrenberg, the City Activities report for July, 1957 prepared by the City Manager was received for filing, by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when vote was taken). August 12, 1957 Report of the 1957 Insurance Board of Review - 8e Report of the 1957 Insurance Board of Review (dated August 1, 1957) was presented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Schadow, action on the report of Insurance Board of Review was deferred to August 26, 1957, by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Report of Planning Commission Case 57-52V - 8f Report of the Planning Commission recommending favorably upon the request (57-52V) of E. L. Lind for variance of Ordinance No. 558, and variance of Ordinance No. 557, to allow division into lots of less than 75' width, Lots 3, 4 and 5, Block 3, Westwood Park Second Addition, was presented to the Council. Motion by Councilman Schadow, seconded by Councilman Wolfe, that upon the application of E. L. Lind for a variance under Section 12 of Ordinance No. 558 for permission to subdivide land without conforming to platting regulations, and for a variance to Section 2, Ordinance No. 557, for permission to create a build- ing lot of not less than 9000 square feet and less than 75 foot frontage, that the Council find: 1. That there are special circumstances or conditions affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use thereof; 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated; and that the request for variance be granted as to Lots 3, 4 and 5, Block 3, Westwood Park Second Addition. Motion was passed by six members voting yea. Report of the Planning Commission 57-50SP - 8& Report of the Planning Commission recommending deferral of the request (57-50 SP) of James Zien for .special permit under authority of Sections 10.3-25 and 10.5 of the Zoning Ordinance to permit the location of a drive-in food establishment at the southeast corner of Nevada Avenue and Cedar Lake Road, was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Schadow, the re- quest of James Zien to operate a Drive-In Food establishment at the southeast corner of Nevada Avenue and Cedar Lake Road was denied by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Report of the Planning Commission - 57-55-SP - 8h Report of the Planning Commission recommending unfavorably upon the request (57-55-SP) of Bernard Horowitz for a special permit under authority of Section 10.3-23 of the Zoning Ordinance to conduct a recreational use (bowling alley) on Minnetonka Boulevard between Joppa and Inglewood Avenues, was pre- 8F August 12, 1957 sented to the Council. Attorney Kermit Gill representing Bernard Horowitz spoke in favor of the request. Attorney Edelman for residents in area spoke in opposition of request. It was the motion of Councilman Ehrenberg, seconded by Councilman Schadow, that the Council concur in the advice and recommendation of the Plan- ning Commission and deny the request of Bernard Horowitz for a special permit to conduct a bowling alley on Minnetonka Boulevard between Joppa Ave. and Ingle- wood Avenue. The motion was passed by unanimous vote of the Council. 1--a Report of the Planning Commission - 57-54-Z - 8i Report of the Planning Commission recommending unfavorably uponon the re- el quest (57-54-Z) of Bernard Horowitz to rezone Lots 14 and 15, Block 4, Sunset Gables Second Addition, from Residential Use District to Commercial Use District (for parking purposes) was presented to the Council. It was the motion of Councilman Ehrenberg, seconded by Councilman Schadow, that the Council concur in the advice and recommendation of the Planning Commis- sion and deny the request of Bernard Horowitz for the rezoning of Lots 14 and 15 Block 4, Sunset Gables Second Addition from Residential Use District to Commer- cial Use District for parking purposes. Motion was passed by unanimous vote of the Council. Preliminary Report of the Director of Public Works - 57-54 & 57-55 - 8j Preliminary report of the Director of Public Works and recommendation of the City Assessor with respect to petitioned Curb & Gutter, Improvement Numbers 57-54 and 57-55, was presented to the Council. Resolution No. 434 A motion was made by Councilman Schadow, seconded by Councilman Wolfe to adopt Resolution No. 434 providing for a public hearing on September 9, 1957 for Curb and Gutter: Improvement No. 57-54 - North side of W 40th Lane from Quentin Ave. to Natchez Ave., and Improvement No. 57-55 - South side of W 40th Lane from Quentin Ave. to Natchez Ave. Motion was passed by unanimous vote of six members of the Council present. (Councilman Davis was absent when vote was taken). _ Preliminary Report of the Director of Public Works - 57-53 - 8k Preliminary report of the Director of Public Works and recommendation of the City Assessor with respect to petitioned water main, Improvement No. 57-53 was presented to the Council. Resolution No. 435 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig to adopt Resolution No. 435 providing for a public hearing on September 9, 1957 for Water Main Improvement No. 57-53, Westwood Hills Drive from Texas Ave. to North End North of Westwood Hills Curve. Motion was passed by unanimous vote 82 August 12, 1957 of six members of the Council present. (Councilman Davis was absent when the vote was taken. City Manager to Advertise for Bids Impr. No. 57-54, 57-55, 57-56 - 57-57 - 8k2 On motion of Councilman Schadow, seconded by Councilman Jorvig, the City Manager was directed to advertise for Bids for Curb & Gutter Construction Im- provement No. 57-514, 57-55 and 57-57 and for 2" Bituminous Surfacing Improvement No. 57-56, bids to be opened September 4, 1957 at 10 a. m., was adopted by unan- imous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Report of Director of Public Works re: Alley in Block 3, Oak Lawn Addition - 81 Report of the Director of Public Works on repair of alley running North and South between West 27th Street and West 28th Street; Toledo Avenue and Salem Avenue, was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Schadow, that the report was ordered filed. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Preliminary report of the Director of Public Works - 57-57 - 8m Preliminary report of the Director of Public Works and recommendation of the City Assessor with respect to petitioned Curb and Gutter, Improvement No. 57-57, was presented to the Council. Resolution No. 436 A motion was made by Councilman Schadow, seconded by Councilman Wolfe, to adopt resolution No. 1136 providing for public hearing on September 9, 1957 for Curb & Gutter Improvement No. 57-57, Gettysburg Ave. in Aretz -4th Addition and adjacent to Lot 3, Block 1 and Lot 1, Block 2, Aretz 3rd Addition. Motion was passed by unanimous vote of six members of the Council present. (Council- man Davis was absent when the vote was taken). Preliminary Report of the Director of Public Works - 57-56 - 8n Preliminary report of the Director of Public Works and recommendation of the City Assessor with respect to petitioned 2" bituminous surfacing, Im- provement No. 57-56, was presented to the Council. Resolution No. 1437 A motion was made by Councilman Schadow, seconded by Councilman Wolfe to adopt Resolution No. 437 providing for a public hearing on September 9, 1957 for 2" Bituminous Surfacing, Improvement No. 57-56 - West 40th Lane from Quentin Avenue to Natchez Avenue. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Preliminary Report of the Director of Public Works - 57-58 - 8o Preliminary report of the Director of Public Works and recommendation 83' August 12, 1957 of the City Assessor with respect to petitioned Sidewalk, Improvement No. 57-58, was presented to the Council. 111 Mr. Paul McCormick of 9100 Cedar Lake Road, Mr. Paul Jaffe of 9104 Cedar Lake Road and Mr. Robert Mayer of 9014 Cedar Lake Road were present to discuss this project. Resolution No. 438 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg to adopt Resolution No. 438 providing for a public hearing on September 9, 1957 for Sidewalk construction, Improvement No. 57-58 - North Side of Cedar Lake Road from County Road 18 to Texas Avenue, and further directed the Director of G� Public Works to prepare an estimate cost of Sidewalk on North side of Cedar Lake Road from Flag Avenue to Highway No. 18. Motion was passed by unanimous IJ vote of all members of the Council. e Report of the Planning Commission (Case 57-51-Z - 8p Report of the Planning Commission recommending favorably (with conditions) upon the request (57-51-Z) of James Wong Toung for rezoning Lot 2, Block 4, Hanke's Minikanda Terrace Addition from Residential Use District to Limited Commercial Use District to provide off street parking, was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, the date of September 9, 1957 was set for public hearing on the Petition of James Wong Toung for the rezoning of Lot 2, Block 4, Hanke's Minikanda Terrace Addition from Residential Use District to Limited Commercial Use District to provide off street parking. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent at the time of voting). Report of the Planning Commission (Case 57-53-Z) - 8q Report of the Planning Commission recommending favorably (with conditions) upon the request (57-53-Z) of William Wynn to rezone Lots 1, 2 and 3, Block 315, Rearrangement of St. Louis Park from Residential Use District to Multiple Dwelling Use District, was presented to the Council. A motion was made by Councilman Schadow, seconded by Councilman Jorvig, the date of September 9, 1957 was set for a public hearing on the petition of William Wynn to rezone Lots 1, 2 and 3, Block 315, Rearrangement of St. Louis Park from Residential Use District to Multiple Dwelling Use District. Motion was passed by unanimous vote of six members of the Council present. (Council- man Davis was absent at the time of voting). Bid Award for Accounting Machine - 9a Tabulation of bids taken August 7, 1957 for accounting machine was pre- sented to the Council. On motion of Councilman Schadow, seconded by Councilman Wolfe, the bid of Burroughs Corporation for one (1) multiple totalizer accounting machine with electrified typewriter including register selection at $7,448.95, less trade in 84 August 12, 1957 allowance of $3,200.00, making net bid of $4,248.00, was determined to be.the lowest bid of a responsible bidder and the purchase of the machine was approved by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Communication from Minnetonka Village regarding Drainage - 9b Communication concerning drainage on West 16th Street dated August 2, 1957 from the Village of Minnetonka was presented to the Council. Councilman Wolfe reported that a culvert had been installed across Ford Road diverting the water onto 16th Street. On a motion by Councilman Schadow, seconded by Councilman Ehrenberg, the report made by Councilman Wolfe was referred to the City Attorney to deter- mine the right of Minnetonka Village to install said culvert across Ford Road to drain the west side of the road. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent at time of voting). Performance Bond for Improvements in Westwood Hills Second Addition - 9c A communication dated July 30, 1957 from Murri-Mac Company requesting the cancellation or release from Performance Bond, USF&G #84178-12-5854-56 for improvement in Westwood Hills Second Addition, was presented to the Council. On motion by Councilman Schadow, seconded by Councilman Ehrenberg, the contract for making said improvement in Westwood Hills Second Addition was terminated and the bonding company was authorized to cancel the performance bond, as the addition was sold to the School Board and improvements are not needed. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent at the time of voting). Purchase of Three (3) Police Cars (with trade-in) - 10a Request to purchase three Police Cars with trade-in was presented to the Council by the City Manager. On the motion by Councilman Wolfe, seconded by Councilman Schadow, the request to purchase the three police cars with trade-in was approved. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent when the vote was taken). Appointment of Laborer and Equipment Operator I - lOb On motion of Councilman Ehrenberg, seconded by Councilman Jorvig the Council gave its consent and approval to the appointment by City Manager of: Orville L. Larson, Probationary, Laborer Harlan A. Schopper, Probationary, Equipment Operator I, both appointments effective August 12, 1957. Motion was passed by unanimous vote of 6 members of the Council present. (Councilman Davis was absent at the time of voting). 85_ August 12, 1957 Bonds - lla On motion of Councilman Schadow, seconded by Councilman Jorvig, the following bonds which have been approved by the City Attorney were accepted by unanimous vote of all members of the Council present. Black Top Service Company Terry Bros. M. E. Kraft Company John S. De Gideo Verified Claims - 12a CD On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the lists of verified Claims prepared by the Director of Finance and presented to the Council, dated August 12, 1957, in the total amounts of $7,376.30 for pay- eg roll, and $165,353.43 •for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of the six members of the Council present. Payments on Contract Work - 12b On motion of Councilman Bolmgren, seconded by Councilman Wolfe, the following payments on contract work, presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amounts, by unanimous vote of six members of the Council present. Partial Payment No. 1 Trunk Sewer Improvement No. 3 Improvement No. 56-52 Contractor, Barbarossa - Nodland Contract Price, $986.059 Contract Date, August 1, 1957 Amount of this Payment, $19,829.33 Final Payment, Pumps, Piping & Appurtenances Wells 1, 2 and 7 - 12c Final Payment, Pumps, Piping & Appurtenances, Wells 1, 2 and 7, Contractor, Max Renner Well Company, Contract Price $15,481.00, Contract date February 25, 1957, amount of this payment $842.70, was presented to the Council. On motion of Councilman Schadow, seconded by Councilman Ehrenberg, action on the above payment to Max Renner Well Company was deferred until August 19, 1957 by unanimous vote of six members of the Council present. Application for Variance to Platting Regulations - 6t Request for variance from Section 2 of Ordinance 557 (Amendment to the Zoning Ordinance) prohibiting the subdividing of lots with a width of less than 75 feet, also a request for variance under the subdivision ordinance (Section 12) to permit the division of four lots into three by Emil Schlottke was presented to the Council. On motion of Councilman Schadow, seconded by Councilman Jorvig, the request of Emil Schlottke for a eariance in platting regulations covering lots 288, 289, 290 and 291, Richmond Addition was referred to the Planning Commission for advice and recommendation by unanimous vote of six members of the Council present. (Councilman Davis was absent when the vote was taken). 86 August 12, 1957 Meeting Adjourned - 13 On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the meeting was adjourned at 2:41 a. m., by unanimous vote of all members of the Council present. R. C. Fernstrom, Mayor Attest: 4Cm. dAnd -Ado -ow ,osePh lust--', Secretary