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HomeMy WebLinkAbout1958/10/13 - ADMIN - Minutes - City Council - Regular 94: Council Meeting - October 13, 1958 A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8 p.m. Invocation was given by Rev. John Foss of the Peace Presbyterian Church. The following Councilmen were present at roll call: P H. J. Bolmgren ' RobertiEhrenberg Torval Jorvig D. C. Messer Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney and the Secretary. Minutes - 4 On motion of Councilman Bolmgren, seconded by Councilman Wolfe, the minutes of meeting held October 6, 1958, were approved by unanimous vote of six members of the Council present. Public Hearing on Vacation of Alley - 5a Public hearing was had on proposed vacation of alley adjacent to Lots 22 and 23, Block 21, and Lots 1, 2, 3, Block 52, all in Rearrangement of St. Louis Park (near Edgewood and Oxford Avenues), as described in Notice of Hearing published July 3, 1958 in the St. Louis Park Dispatch and adjourned from September 15, 1958 (see P.C. report unser item 8m). No one appeared. Hearing was declared closed by the Mayor. On motion of Councilman Wolfe, seconded by Councilman Messer, the above request to vacate alley was denied by unanimous vote of six members of the Council present. Councilman Davis arrived at 8:12 p.m. Request for Building Permit at 2240 Edgewood Avenue -R 6. W. Carlson - 6a Request for approval of the issuance of a building permit for the con- struction of a printing shop at 2240 Edgewood Avenue, by Fred and Wallace Carlson, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to approve the issuance of a building permit for the construction of a printing shop at 2240 Edgewood Avenue subject to compliance with all applicable codes. Motion passed by unanimous vote of seven members of the Council present. 9s October 13, 1958 Request for Approval of Preliminary & Final Plat of Country Club Fifth Addition to Westwood Hills - Murri-Mac Company - 6b Request for approval of preliminary and final plat of Country Club Fifth Addition to Westwood Hills, by Murri-Mac Company, and advice from the Secretary to the Planning Commission that plat is inproper form, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Messer, to approve the above plat subject to: (a) City Attorney's examination of title, and fb) the execution of a contract for the improvements required of the Subdivider in Section 10 of the Subdivision Ordinance. Motion passed by unanimous vote of seven members of the Council present. Request for Permit to Hold Three Public Dances at Pastime Arena - 6c Request for permit to hold three public dances at the Pastime Arena, by Larry Tobin, Manager, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to grant the permit to hold three public dances at the Pastime Arena; (October 17, 24, 31, 1958 from 10 to 11:15 p.m.) . Motion passed by the following roll call vote: Councilman Bolmgren, nay; Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. Communication from the League of Minn. Municipalities Relative to Amend. ---No. 1 to be on Ballot November 4. 1958 - 6d Communication, dated October 3, 1958, from the League of Minnesota Municipalities relative to Amendment No. 1 to the State Constitution to be on the ballot November 4, 1958, was presented to the Council. A motion was made by Counilman Ehrenberg, seconded by Councilman Davis, that the above communication be referred to the Law Department and that they prepare proper resolution for endorsement on October 20, 1958. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Establishing Salaries of Council Members - 7a The proposed ordinance Establishing Salaries of Council Members for 1959, was presented to the Council for second reading. Ordinance was read by Mayor Lefler. ORDINANCE NO. 649 A motion was made by Councilman Davis, seconded by Councilman Jorvig, to adopt Ordinance No. 649, entitled "An Ordinance Establishing Salaries of Council Members for 1959". Motion passed by the following roll call vote: Councilman Bolmgren, yea; Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Jorvig, yea; Councilman Messer, nay; Councilman Woofe, yea; Mayor Lefler, nay. 86 October 13, 1958 Second Reading of Ord. Establishing Salaries of Council Members CONTINUED Councilman Ehrenberg requested that the following statement be put in the minutes. "My vote is nay because I favor lower salary not higher salary"': Second Reading of Proposed Ord. Authorizing Transfer of Funds Etc. - 7b The proposed ordinance Authorizing the Transfer of Funds and Providing Appropriations for Fire Department and Park Department Expenditures, was presented to the Council for second reading. ORDINANCE NO. 650 A motion was made by Councilman Jorvig, seconded by Councilman Messer, to waive second reading and adopt Ordinance No. 650, entitled "An Ordinance Authorizing the Transfer of Funds and Providing Appropriations for Fire Department and Park Department Expenditures". Motion passed by unanimous vote of seven members of the Council present. Second Redding of Proposed Ord. Amending the Zoning Ordinance - 7c The proposed ordinance Amending the Zoning Ordinance (requested by Brook- side Builders Inc. - Case No. 58-88-Z), was presented to the Council for second reading. ORDINANCE NO. 651 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive second reading and adopt Ordinance No. 651, entitled "An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". Motion passed by unanimous vote of seven members of the Council present. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to grant a special permit to allow a two family dwelling in "C" Density District. Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Amending Zoning Ordinance - 7d The proposed ordinance Amending the Zoning Ordinance (requested by Percy Ross - Case No. 58-87-Z), was presented to the Council for second reading. Percy Ross and Attorney Kennally were present at the meeting. Mayor Lefler read the petition protesting application for rezoning the above property signed by A. R. Kennedy and others. The proposed ordinance was read by the Secretary. A motion was made by Councilman Bolmgren, seconded by Councilman Jorvig, to deny, the above proposed ordinance. Before vote was taken the matter was discussed. Councilman Davis then moved the previous question, seconded by Councilman Wolfe and passed by unanimous vote of seven members of the Council present. 9 7 October 13, 1958 Second Reading of Proposed Ord. Amending Zoning Ordinance-Percy Ross -CONTINUED The previous motion made by Councilman Bolmgren was then stated by the Mayor and was lost by the following roll call vote: Councilman Bolmgren, yea; Councilman Davis, nay; Councilman Ehrenberg, nay; Councilman Jorvig, nay; Councilman Messer, nay; Councilman Wolfe, nay; Mayor Lefler, nay. ORDINANCE NO. 652 A motion was then made by Councilman Ehrenberg, seconded by Councilman Messer, to adopt Ordinance No. 652 entitled, "An Ordinance Amending the IO Zoning Ordinance of the City of St. Louis Park". Motion passed by five yeas C0 and two nays. (Councilman Jorvig and Councilman Bolmgren voting nay.) O Ca4 Minutes of Planning Commission Meeting - 8a -Minutes of the Planning Commission Meeting held October 1, 1958 was presented to the Council. On hearing no objectiots the Mayor ordered the above minutes received for filing. Report of Planning Commission (Case No. 58-91-V) Bruce Construction Co. - 8b Report of the Planning Commission (Case No. 58-91-V) recommending favor- ably upon the request of Bruce Construction Company for a variance to the Zoning Ordinance under authority of Section 20.4-6 of one foot on the south side yard, placing the house foundation 5 feet from the lot line with a 2 foot overhang cornice at 1301 Flag Avenue (Lot 1, Block 6, Westdale), was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Davis, , to approve the above variance. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-92-V) .Toe E. Billman - 8c Report of the Planning Commission (Case No. 58-92-V) recommending un- favorably upon the request of Joe E. Billman for a variance under authority Mfr, of Section 20.4-6 of the Zoning Ordinance to erect a sign 6 feet from the ';, property line instead of the required 9 feet at 3954 Wooddale Avenue (Lot 1, Billman's Addition), was presented to the Council. RESOLUTION NO. 686 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt ResolutionNo. 686, entitled "Resolution Denying Variance Under Sections 20.4 and 20.5 of the Zoning Ordinance of the City of St. Louis Park. Motion passed by unanimous vote of seven members of the Council present. 9.8 October 13, 1958 Report of Planning Commission (Case No.. 58-94-Z) Mrs. Charles W. Jones - 8d Report of the Planning Commission (Case No. 58-94-Z) recommending un- favorably upon the request of Mrs. Charles W. Jones to rezone Lots 43, 44 45,46, Block 312, Rearrangement of St. Louis Park (3607-3609 Texas Avenue) from Residential Use District to Multiple Dwelling Use District and from "Co to "D" Density District, was presented to the Council. Mrs. Vernice Larson appeared in support of the request. A motion was made by Councilman Jorvig, seconded by Councilman Messer, to set date for public hearing on the above rezoning on November'3, 1958 and that it apply only to Use District and not Density District. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-96-Z) David J . Hoffman - 8e Report of the Planning Commission (Case No. 58-96-Z) recommending favor- ably upon the request of David J . Hoffman to rezone 4212 Minnetonka Boulevard (Lot 7, Block 4, Sunset Gables Second Addition) from Residential Use District to Commercial Use District and from "C" to "D" Density District, was presented to the Council. Bernard Horovitz and Matthew Levitt, Attorney, were present. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to set date for public hearing on the above rezoning on November 3, '1958. Motion passed by unanimous vote of seven members of the Council present. Report of the Planning Commission (Case No. 58-98-Z) Adolph Fine -8f Report of the Planning Commission (Case No. 58-98-Z) recommending favor- ably upon the request of Adolph Fine to rezone from "D" Density District with conditions imposed by Ordinance 447, to "D" Density District without conditions, at 2901-2925 Texas Avenue (N 373.15 feet of W. 172 feet of S2 of Ski of Ski of • ,4 Section 8, Township 117, Range 21, except streets). A motion was made by Councilman Davis, seconded by Councilman Wolfe, to set date for public hearing on the above rezoning on November 3, 1958. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-99-Z) John Griffith - 8g Report of the Planning Commission (Case No. 58-99-Z) recommending favor- ably upon the request of John Griffith to rezone 4320 West 362 Street (the west 122.02 feet of the east 249.02 feet of the south 177 feet of the north 357 feet of the southwest 4 of the southeast 4 of Section 6, Township 28, Range 24) from "C" to "D" Density District. The Planning Commission also recommended that the zone be changed from Commercial Use District to Multiple Dwelling Use District and from 22 to 3 Story Height District with an agree- ment to restrict the number of units to 21 99 October 13, 1958 Report of Planning Commission - John Griffith -CONTINUED Jim Resop and John Griffith appeared in support of the request. A motion was made by Councilman Davis, seconded byCouncilman Messer, to set date for public hearing on the preceding request for rezoning on November 17, 1958. Motion passed by unanimous vote of seven members of the Council present. 11.:D Report of Planning Commission (Case No. 58-100-Z) Wallace B. Kenneth - 8h Report of the Planning Commission (Case No. 58-100-Z) recommending favor- CD ably upon the request of Wallace B. Kenneth to rezone Lots 1, 2, 3, 4, Block 3, Adolph Fine's Addition (6301 Minnetonka Boulevard) from Residential Use 614 District to Multiple Dwelling Use District and from "C" to "D" Density District. The Planning Commission also recommended a change from 22 to 3 Story Height, with 20 units instead of 26 units. Jim Resop and Wallace B. Kenneth appeared in favor of request. • A motion was made by Councilman Davis, seconded by Councilman Messer, to set date for public hearing on the above request for rezoning on November 17, 1958. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-101-Z) Maurice Mandel Inc. - 8i Report of the Planning Commission (Case No. 58-101-Z) recommending un- favorably upon the request of Maurice Mandel Inc. to rezone Lots 4, 5, 6, Home Addition (Pennsylvania and Franklin) from Open Development Use District to Multiple Dwelling Use District and from "A" to "D" Density District, was presented to the Council. Harold Field Jr. , Attorney representing Mandel Inc., was present in support of request. Mr. Mandel also present and requested that Lot 4 Home Addition be withdrawn from petition. Considerable discussion followed. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that this matter be referred back to the Planning Commission together with advice from the Legal Department concerning the enforcement of density of approximately 4000 sq. ft. per unit, and with proposals from School Board regarding vacation and •dedication of streets west of the area in question and that November 17, 1958 be set for public hearing. Motion passed by unanimous vote of @even members of the Council present. Report of Planning Commission (Case No. 58-102-Z) 'Maurice Mandel Inc, - 8j Report of the Planning Commission (Case No. 58-102-Z) recommending unfavorably upon the request of Maurice Mandel Inc. to rezone the W1 of Lot 13, and all of Lots 14 and 15, Block 17, The Bronx (7016-7020 Minnetonka Boulevard) from Residential Use District to Multiple 'Dwelling Use District and from "C" to "D" Density District, was presented to the Council. 1 0,) October,13, 1958 Report of Planning Commission - Maurice Mandel Inc. CONTINUED The request of Mandel Inc. to withdraw this request for rezoning was discussed. It was moved by Councilman Wolfe, seconded by Councilman Davis, that the request for withdrawal be accepted. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission upon Request of Minneapolis Gas Company - 8k Report of the Planning Commission recommending favorably upon the re- quest of the Minneapolis Gas Company for a utility easement on Yosemite Ave. from West 37th Street north to a point 188 feet north of the north line of West 37th Street, and recommending that the easterly 30 feet of the vacated portion of Yosemite Avenue be dedicated as a public alley for purposes of accommodating utilities and traffic needs, was presented to the Council. Mr. Charles Cowan of Minneapolis Gas Company was present in support of request. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the above matter be referred to the Law Department for advice and re- commendation and report, including action necessary to make east 30 feet a public alley. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-47-Z) A. W. Lampe - 81 Report of the Planning Commission (Case No. 58-47-Z) recommending un- favorably upon the amended request of A. W. Lampe to rezone part of the property near Minnehaha Creek, West 36th Street and Zinran Avenue from Open Development Use District to Multiple Dwelling Use District and from "A" to "C" Density District, and the remainder of the property to be rezoned from Open Development Use District to Multiple Dwelling Use District, from"A" to "D" Density District, and from 22 to 3 story Height District, was presented to the Council. • James Resop and A. W. Lampe were present at the meeting. James Resop stated that they would like to withdraw last plan given to the Planning Commission and present the original plan for consideration. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that- the amended application be referred to the Planning Commission for advice and recommendation. Motion passed by unanimous vote of seven members of the Council present. Report of Planning Commission (Case No. 58-53-Vac) Curran V. Nielsen -8m Report of the Planning Commission (Case No. 58-53-Vac) recommending un- favorably upon the request of Curran V. Nielsen to vacate alley adjacent to Lots 22 and 23, Block 21, and Lots 1, 2, 3, Block 52, Rearrangement of St. Louis Park (Edgewood and Oxford), was presented to the Council. For action see item 5a for public hearing adjourned from September 15, 1958. 101 October 13, 1958 Report of Planning Commission (Case No. 58-81-V) Richard J. Rhoades - 8n ,, Report of the Planning Commission (Case No.' 58-81-V) recommending favor- ably upon the request of Richard J . Rhoades for a variance under authority of Section 19.18 of the Zoning Ordinance to divide Lots 6 and 7, Block 3, High Holborn from two 60 foot lots into one 55'foot"and one 65 foot lot at 2824-2820 Nevada Avenue, was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that the above request for variance be approved. Motion passed by unanimous 10 vote of seven members of the Council present. C9, C et d Report of Planning Commission (Case No. 58-82-V) James L. Sackrison - 8o Report of the Planning Commission (Case No. 58-82-V) recommending favor- ably upon the request of James L. Sackrison for a variance under authority of Section 19.18 of the Zoning Ordinance to divide three 40 foot lots into two 60 foot lots at 1601 Dakota Avenue (Lots 28, 29, 30, Block 6, Thorpe Bros University Club Addition), was presented to the Council. It was moved by Councilman Wolfe, seconded by Councilman Jorvig, that the above request for variance be approved. Motion passed by unanimous vote of seven-members of the Council present. Report of Planning Commission (Case No. 58-83-V) James L. Sackrison - 8p Report of the Planning Commission (Cawe No. 58-83-V) recommending favor- ably upon the request of James L. Sackrison for a variance under authority of Section 19.18 of the Zoning Ordinance to divide three 40 foot lots into two 60 foot lots at 22nd and Idaho Avenue (Lots 46, 47, 48, Richmond Third Addition), was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Messer, that the above request for variance be approved. Motion paseed by unanimous vote of seven members of the Council present. Report of Planning Commission Upon Request of Northwestern Bell Tel. Co. - 8q Report of the Planning Commission recommending unfavorably upon the request of Northwestern Bell Telephone Company to amend the Zoning Ordinance to permit location of coin operated telephone booths at property lines where necessary, was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Jorvig, that the above request be denied, and that the matter bf placing telephone booths and other items such as bus benches etc. be referred to the Law Department for a report with respect to handling same on a permit basis. f 0`2 October 13, 1958 (Condemnation Awards for Northside Sanitary Lateral Sewers - 8r Condemnation awards for right-of-way for Northside Sanitary Lateral Sewers was presented by the City Attorney. The City Attorney presented a letter recommending that Dr. C. J. Ehrenberg, 4340 Cedarwood Road be paid $257.80 damages caused by the construc- tion of Sanitary Sewer Improvement No. 58-3 through his property. It was moved by Councilman Davis, seconded by Councilman Jorvig, that the recommendation of the City Attorney be concurred with and that the award of $257.80 to Dr. C. J. Ehrenberg be approved. Motion passed by a vote of six yeas. (Councilman Ehrenberg abstained from voting.) Relative to Claim of Frank Woollen - 8r2 The City Attorney informed the Council of the Claim of Frank Woollen, 1601 Hillsboro Avenue for $75.00 additional damages for sewer easement,t. Parcel la and lb St. Louis Park vs Woollen, in addition to award of the Commissioners in the sum of $75.00. It was moved by Councilman Davis, seconded by Councilman Messer, that the City Attorney be authorized to settle above claim in the amount of $125.00. Motion passed by unanimous vote of seven members of the Council present. Discussion of Sanitary Sewer to Serve Southwest Area of City - 9a The design of proposed sanitary sewer system to serve the southwest _ area of the City (M & C No. 58-36) was presented by the City Manager and discussed. A motion was made by Councilman Davis, seconded by Councilman Bolmgren, that the City Manager be authorized to negotiate a contract to engage Orr Schelen Company to prepare preliminary plans and estimate of cost for south- west area lateral sewers, contract to be similar to previous contract and submitted to the Council for approval. Motion passed by a vote of six yeas and one nay. (Councilman Wolfe voting nay.) Request for Building Permit at 7301 Walker Street - 9b Request for approval of the issuance of a building permit for the con- struction of a manufacturing building at 7301 Walker Street, by Mill City Plywood Company (deferred from October 6, 1958), was presented to the Council. Mr. Blum was present in favor of the request. A motion was made by Councilman Messer, seconded by Councilman Wolfe, to approve the issuance of the permit subject to complaince with all appli- cable codes (7301 Walker Street). Motion passed by a vote of six yeas and one nay. (Councilman Davis voting nay.) x103 October 13, 1958 League of Minnesota Municipalities Regional Meeting - 9c Reminder of League of Minnesota Municipalities regional meeting at 6:30 p.m. Tuesday, October 14 at Heidelberg Cafe In Richfield,was presented to the Council. On hearing no objections the above reminder was ordered by the Mayor to be received for filing. Contruction of Curb & Gutter eta on Inglewood Avenue etc. - 10a Construction of curb, gutter and sidewalk on both sides of Inglewood CD Avenue from Minnetonka north to existing curb, gutter and sidewalk requested e% by Councilman Ehrenberg, was discussed. D.a RESOLUTION NO. 687 A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to waive reading and adopt Resolution No. 687 entitled, "Resolution Proposing Improvement and Ordering Preparation of Reports on Improvement of Curb, Gutter, and Sidewalk on Inglewood Avenue". Motion passed by unanimous vote of seven members of the Council present. Relative to Lots Owned by Paul C. Altringer - lOb Paul C. Altringer, 9408 Frederick Avenue, owner of lots 37, 38, 39, Block 5, J. F. Lyons 4th Addition made an oral request for the rearrangement of lots. He was asked to file an application with the Building Inspector covering his request. It was moved by Councilman Davis, seconded by Councilman Jorvig, that the request of Paul C. Altringer be referred to the Planning Commission for advice and recommendation, upon-his filing of application with the Build- ing Inspector. Motion passed by unanimous vote of seven members of the Council present. Verified Claims - 12a On motion of Councilman Davis, seconded by Councilman Jorvig, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated October 13, 1958 in the total amounts of $830.24 for payroll, and $23,547.82 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same. Motion passed by unanimous vote of seven members of the Council present. Payment on Contract Work - 12b On motion of Councilman Davis, seconded by Councilman Bolmgren, the follow- ing payment on contract work presented by the City Engineer was approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks for their respective amounts, by unanimous vote of seven members of the Council present. 1„04 October 13, 1958 Contract Payment CONTINUED Engineers Certificate No. 5 Lateral Sanitary Sewer Project No. 58-3 Section "A" Contractor - Orfei and Mariani and Sons Inc. Contract Price - $800,464.95 Amount of this payment - $87,796.70 Meeting Adjourned - 13 On motion of Councilman Davis, seconded by Councilman Bolmgren, the meeting was adjourned at 12:02 a.m., by unanimous vote of seven members of the Council present. _ 71111 . H. b- t P. Lef e , Mayor Attest: / / / $ eph sta•f Secretary