HomeMy WebLinkAbout1958/03/31 - ADMIN - Minutes - City Council - Regular .. 363 .
Council Meeting - March 31, 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 Father Turner of the Most Holy Trinity Church.
The following Councilmen were present at roll call:
H. J. Bolmgren
H. C. Davis
c Robert Ehrenberg
�.. Torval Jorvig
Lf: 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 Jorvig, seconded by Councilman Messer, the minutes
of meeting held March 24, 1958, were approved by unanimous vote of seven members
of the Council present.
On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the
minutes of meeting held March 25, 1958, were approved as amended on page 362-line
4 by unanimous vote of all members of the Council present.
Public Hearing on Application for Off-Sale Intox. Liquor License-5005 Excelsior
Boulevard. by Harold Aretz. - 5a
Public hearing was had on the proposed application for off-sale intoxi-
cating liquor license at 5005 Excelsior Boulevard, Harold L. Aretz, as described
in the Notice of Hearing published March 6, 1958 in the St. Louis Park Dispatch.
Before the hearing opened Councilman Davis asked to be excused from the
hearing, for reason that the Attorney for applicant had requested that he consid-
ered his position in this matter due to his being attorney for another liquor
establishment in St. Louis Park. Councilman Davis stated that he felt it ,best
not to take part in the hearing. At this point Councilman Davis left the room.
Harold L. Aretz and Attorney John Yngve were present in support of the
application. Also present and speaking in favor of the application were -
Tom Rockford, representing owners,of Miracle Mile; Frank Brigham, 4029 Quentin
Avenue; Dick Hillern, 3824 Kipling Avenue; Ken Johnson, 3714 Kipling Avenue;
Wilber Shoveen, tenant in Miracle Mile; Ed. Sandberg of Don Leary's Record
Store and Mr. Fox a merchant in Miracle Mile.
Attorney John Yngve presented a petition signed by 193 persons indicating
that they did not object to'the transfer of the off sale liquor license from its
present location at Bunny's Tavern to 5005 Excelsior Boulevard in Miracle Mile .
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364
Hearing on Proposed Liquor License Continued
Also presented by Attorney John Yngve was an affidavit stating that in consideration
of the transfer of the "Off Sale" liquor license now held by Bunny's Tavern '
Inc., that he, Harold Aretz agrees to transfer his shares of stock in the
Bunny's Tavern, Inc to Bunny's Tavern Inc., that he will purchase all the
stock of merchandise used by Bunny's Tavern Inc in the "Off Sale" department
that Bunny's Tavern Inc. is not able to turn back for credit at cost and that
there is no other considerations involved in this transaction.. In addition
an assignment of stock of Bunny's Tavern Inc. signed by Harold R. Aretz, and '
his resignation from the Board of Directors of Bunny's Tavern Inc. and as Pre-
sident of the corporation effective immediately was presented.
' At this point the Mayor called on those in the audience who may be opposed'
to the granting of licenses at 5005 Excelsior Boulevard. Speaking in opposition
were Alex. MacLeod, 3946 Alabama Avenue; E. J. Fredrickson, 4233 Utica Avenue,
Rev. Ben Brudevold of Aldersgate Methodist Church.
Also commenting on the issue were Charles Bouchard, 2840 Brunswick Avenue
and Morris Betz from the Childrens Store in Miracle Mile.
Hearing was then declared closed by Mayor Herbert Lefler and the matter
was then discussed by the Councilmen.
A motion was made by Councilman Jorvig, seconded by Councilman Bolmgren,
that the request for off-sale intoxicating liquor license at 5005 Excelsior
Boulevard be denied. Motion was lost by the following roll call vote: Council-
man Bolmgren, yea; Councilman Ehrenberg, nay; Councilman Jorvig, yea; Councilman
Messer, nay; Councilman Wolfe, nay; Mayor_Lefler, nay.
After further discussion - A motion was made by Councilman Messer,
seconded by Councilman Wolfe, that the application of Harold L. Aretz for off
sale intoxicating liquor license at 5005 Excelsior Boulevard be granted on con-
dition that the applicant file with the City•Clerk an Affidavit setting forth
that he has disposed of all shares of stock and interest in Bunny's Tavern Inc.
' and has resigned as an officer and severed all connection therewith, and the
license shall not be issued until the off sale lialuor license now held by
Bunny's Tavern Inc. be surrendered to the City as offered by the licensee and
as of April 1, 1958 said license be hereby canceled and revoked. Motion passed
by-the following roll call vote: Councilman Bolmgren, nay; Councilman Ehrenberg,
yea; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, yea;
Mayor'Lefler, yea.
Bids for Lateral Sanitary Sewer etc. Impr. No. 58-3 - 5b
Bids were received for lateral sanitary sewer, lift stations and water
service connections for Improvement No. 58-3.
A-$895,765.00
Bias were received from the following: B-$1,287,206.00
A fe B Barbarossa Sons Inc. Nodland Construction Co. Inc./
A Orfei & Mariani & Sons Inc.-$787,321.95
B Phelps-Drake Co. Inc. -$986,041.50 ' �h��
A Rue Contracting Company- $1,138,859.54 r �,
B Tri State Excavating Company- $1,359,271.00
365
March 31, ;1958
Bids for Lateral Sanitary Sewer Continued
A motion was made by Councilman Davis, seconded by Councilman Bolmgren,
that the matter be deferred one week and also referred to City Engineer and
Consultant Engineer for tabulation of bids and ;report at the April 7, 1958,
meeting. Motion passed by unanimous vote of seven members of the Council
present.
Claim for Damages 8267 Westwood Hills Curve - Guy Lemmon - 6a
Claim for damages allegedly resulting from negligence in installation
r-- of sewer at 8267 Westwood Hills Curve, by Guy Lemmon, 8267 Westwood Hills
U: Curve (copy to City Attorney March 18, 1958), was presented to the Council.
4 On motion of Councilman Wolfe, seconded by Councilman Jorvig, the above
claim for damages was referred to the City Attorney for advice and recommen-
dation, by unanimous vote of seven members of the Council present.
•
Claim for Damages 8273 Westwood Hills Curve - John Lamb - 6b
Claim for damages allegedly resulting from negligence in installation
of sewer at 8273 Westwood Hills Curire, by John M. Lamb, 8273 Westwood Hills
Curve (copy to City Attorney March 18, 1958), was presented to the Council.
On motion, of Councilman Wolfe, seconded by Councilman Jorvig, the above
claim for damages was referred to the City Attorney for advice and recommen-
dation, by unanimous vote of seven members of the Council present.
Claim for Damages 8155 Westwood Hills Drive - Patrick O'Connor - 6c
Claim for damages allegedly resulting from negligence in installation
of sewer at 8155 Westwood Hills Drive, by Patrick J . O'Connor, 8155 Westwood
Hills Drive (Copy to City Attorney March 18, 1958), was presented to the Council.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, the above
claim for damages was referred to the City Attorney for advice and recommenda-
tion, by unanimous vote of seven members of the Council present.
•
Request for Special Permit to Erect Sian at 8000 Mtka. Blvd.-Naegele Adv. - 6d
Request for special permit under authority of Sections 10.3-20 and 10.5
of the Zoning Ordinance for erection of a 20.8' x 20.6' sign (420 sq. ft.) at
8000 Minnetonka Boulevard (Lots 14 thru 17, Block 2, Texa Tonka Addition), by
Naegele Outdoor Advertising Company, was presented to the Council.
Richard Condon of Naegele Advertising Company was present in ,support of
application.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the
above request for a special permit to erect a sign at 8000 Minnetonka Boulevard,
was referred to the Planning Commission for advice and recommendation, by unani-
mous vote of seven members of the Council present.
366
March 31, 1958
Request for Approval of Preliminary Plat of Tweedv's Second Addition - 6e
Request for approval of preliminary plat of Tweedy's Second Addition
by Sam Segal, and advice from the Secretary of the Planning Commission that
plat is in proper form, was presented to the Council.
A motion was made by Councilman Wolfe, seconded by Councilman Jorvig,
to place the preliminary plat of Tweedy's Second Addition 6n file and referred
to the City Planning Commission and City Engineer for examination and report.
Motion passed by unanimous vote of seven members of the Council present;
A motion was made by Councilman Jorvig, seconded by Councilman Messer,
that the City Clerk be directed to publish notice of public hearing, on the
preliminary plat of Tweedy's Second Addition, before the City Planning Commi-
ssion on April 9, 1958. Motion passed byunanimousvote of seven members of
the Council present.
Resolution Authorizing Condemnation Proceedings for Lateral San. Sewer etc.-7a
Resolution authorizing condemnation proceedings for lateral sanitary
sewer easements and street easements for Improvement No. 58-3, was presented to
the Council.
RESOLUTION NO-556
On motion of Councilman Davis, seconded by Councilman Ehrenberg, Resolu-
tion No. 556 Authorizing Taking of Sewer Easements, Construction Easements and
Street Easements by Eminent Domain, was adopted by unanimous vote of seven
members of the Council present.
Resolution Approving Agreement With Minn. Department of Highways Relative
to T.H. No. 12 &' S.A.R. No. 18 - 7b
Resolution Approving Agreement with the Minnesota Department of Highways
Relative to Maintenance of Frontage Roads at T.H. No. 12 and S.A.R. No. 18, inter-
section, was presented to the Council. •
A motion was made by Councilman Davis, seconded by Councilman Jorvig,
that action on the above matter be deferred for one week, to give the Council-
men an opportunity to study the proposed agreement. Motion passed by unanimous
vote of seven members of the Councils present.
Financial Report of the City for February 1958 - 8a
Financial Report of the City for February 1958 was presented to the
Council by the City Manager.
On hearing no objections the Mayor ordered the Report received for
filing.
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3'61%
March 31, 1958
Report Relative to Claim for Damages by Steven Danberry - 8b
Report relative to claim for damages filed by Steven Danberry, 1625
Pennsylvania Avenue (Council Meeting November 25, 1957), was presented to the
Council by the City Attorney.
On hearing no objections the Mayor ordered the Report received for
filing.
Report Relative to Claim for Damages by A. Mendel Drake etc. - 8c
Report relative to claim for damages filed by A. Mendel' Drake and Helen
Drake, 1600 South Lilac Drive (Council Meeting January 1a; 1958), was presented
to the Council by the City Attorney.
►'°� On hearing no objections the Mayor ordered the Report received for
filing.
Proposed Text of 1957 Annual Report to the Citizens - 9a
Proposed text of 1957 Annual Report to the Citizens (M. i C. No. 58-24)
was presented to the Council.
A motion was made by Councilman Davis, seoonded by Councilman Wolfe,
that the proposed text of 1957 Annual Report to the Citizens be approved and that
the City Manager be commended for work done on the text of 1957 Annual Report
and that the Mayor be commended for the cover letter. Motion passed by unani-
mous vote of seven members of the Council present.
A motion was made by Councilman Davis, seconded by Councilman Jorvig,
that the Mayor appoint Councilman Wolfe and Councilman Ehrenberg to meet with
the City Manager to review the report, with the view of improving the text.
Motion was passed by a vote of six yeas and one nay. (Councilman Ehrenberg
voting nay.)
Tabulation of Bids for Street Materials for 1958 - 9b
Tabulation of bids for furnishing street materials for the year 1958 was
presented to the Council.
It was moved by Councilman Davis, seconded by Councilman Wolfe, to desig-
nate the following bidders nominated by the Director of Public Works and as
amended by the City Manager this evening, as the lowest responsible bidders, and
to authorize the Mayor and City Manager to execute the necessary contracts:
Items 1 thru 4 (Alternate Bid) J. V. Gleason
Items 5 and 6 (Regular) J . V. Gleason
Item 7 (Regular) Alexco Aggregates
Item 8 (Regular) Minder Johnson
Item 9 (Regular) Anderson Aggregates.
Motion passed by unanimous vote of seven members of the Council present.
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March 31, 1958
Communication from G. M. Orr Eng. Co. Regarding Sanitary Sewer Contract - lla
III
Communication, was discussed, dated March 25, 1958 from G. M. Orr
Engineering Company regarding 60 day extension of the Barbarossa-Nodland
Company Sanitary Sewer contract because construction was held up due to lack
of easements, on the Golf Course, the outlet to Natchez Avenue and also for
highway permits.
The City Attorney stated that under the contract the responsibility of
giving of time is that of the Consultant Engineer and did not require the
approval by the Council.
Verified Claims - 12a
On motion of Councilman Bolmgren, seconded by Councilman Jorvig, the
lists of verified claims prepared by the Director of Finance and presented to
the Council, dated March 31, 1958 in the total amounts of $381.64 for payroll,
and $17,507.52 for vendors were approved, and the City Manager, City Clerk,
and City Treasurer were authorized to issue checks covering same, by unanimous
vote of seven members of the Council present.
Meeting Adjourned - 13 '
On motion of Councilman Ehrenberg, seconded by Councilman Davis, the
meeting was adjourned at 11:38 p.m., by unanimous vote of seven members of
the Council present. III
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r. -rtr P. =f e , Mayor
Attest:
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Josep-- Just,, Secretary