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HomeMy WebLinkAbout1958/05/12 - ADMIN - Minutes - City Council - Regular 410 May 12, 1958 - Council Meeting 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: Robert Ehrenberg -Torval Jorvig D. C. Messer Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney and the Secretary. Councilman Davis arrived at 8:55 p.m. Minutes - 4 On motion of Councilman Jorvig, seconded by Councilman Wolfe, the minutes of meeting held May 5, 1958, were approved by unanimous vote of five members of the Council present. Public Hearing on Rezoning - Grace Downing - 5a Public hearing was had on proposed rezoning of Lot 4, Block 62, St. Louis Park Addition (5719 Goodrich Avenue) from Residential Use District to Multiple Use District, requested by Grace Downing: Mrs. Grace Downing was present in support of the request. The following persons were present in opposition: C. M. Hanson, 5718 Cambridge Avenue; Mrs. M. Invie, 5713 Cambridge Avenue; Mrs. Invie stated that owner of lot 2 was also opposed. After discussion - A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to direct the City Attorney to prepare the necessary ordinance for first reading on May 19, 1958 to rezone Lot 4, Block 62, St. Louis Park Addition from Residen- tial Use District to Multiple Use District. - Motion passed by unanimous ,vote of five members of the Council present. IC- answer to Mrs. Inviefs question she was told she could bring in a petition in opposition to rezoning, to the next meeting. Public Hearing on Reeoning_ - Frank Barnes -5b Public hearing was had on proposed rezoning of Lots 171 and 172, Richmond Third Addition (2265-2269 Louisiana Avenue) from Residential Use District to Mul- tiple Use District and from "C" to "D" Density, requested by Frank Barnes. Attorney William Geimer was present in support of request. A petition signed by Mr. & Mrs. S. C. Helseth and-others, in opposition to rezoning, was presented to the Council. A letter was received from Mr. i Mrs. L. W. Tessmer, in favor of request. 411 May 12, 1958 Public Hearing on Rezoning - Frank Barnes - Continued It was moved by Councilman Wolfe, seconded by Councilman Messer, to direct the City Attorney to prepare the necessary ordinance for first reading on May 19, 1958, with requirement that a screening fence be built on the east line of property to screen residential property to the east, by recordable agreement. Motion lost by the following roll call vote: Councilman Ehrenberg,' nay; Councilman Torvig, nay; Councilman Messer, yea; Councilman Wolfe, yea; Mayor.Lefler, nay. ® Public Hearing on Rezoning - Culbertson's Cafe Inc. - 5c Public hearing was had on proposed rezoning of Lots 8 thru 17, Block 6, Latham's Minnetonka Boulevard Tract (between 31st and 32nd Street on Toledo Avenue) from Residential Use District to Multiple Dwelling Use District, from 22 to 3 Story Height and from "C" to "D" Density, requested by Culbertson's Cafe Inc. Gordon Peterson, representing Culbertsons, was present in support of the request. - A petition, in opposition, signed by Mr. & Mrs. F. E. Edey, 3101 Toiedo Av. and others was received by the Council. Mr.- Edey was present at the meeting, re- presenting the petitioners. The following persons appeared in opposition: R. A. Kampff, 3033 Toledo Avenue, Wm. Bernstein, 3116 Salem Avenue, Wm. R. Lien, 3132 Salem Avenue, H. E. Roth, 3112 Salem Avenue, T. Nessheim, 3120 Salem Avenue. A'motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to direct the City Attorney to prepare the necessary ordinance for first reading on May 19, 1958, to rezone Lots 8 thru 17, Block 6, Latham's Minnetonka Boulevard Tract from Residential Use District to Multiple Dwelling Use District and from "C" to "D" Density and that 21 Story Height remain. Motion lost by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, yea; Mayor Lefler, nay; Councilman Wolfe abstained from voting. After considerable discussion a motion was made by Councilman Davis, seconded by Councilman Ehrenberg, that the above matter be tabled for one week. Motion lost by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, yea; Councilman Messer, nay; Mayor Lefler, nay; Councilman Wolfe abstained from voting. Councilman Jorvig left at 9:55 p.m. Request for Approval- of Building Permit at 3901 Highway #7=Bernard Horovitz - 6b Request for approval of the issuance of a building permit for the construction of Bowling Lanes and Restaurant at 3901 Highway No. 7 - Lots 10 thru 21, Block 2, Calhoun Lakeside Park, by Bernard Horovitz, was presented to the Council. Attorney Matthew Levitt and Bernard Horovitz were present at the meeting in support of request and presented plans. May 12, 1958 Request for Building Permit continued - It ins moved by Councilman Davis, seconded by Councilman Ehrenberg, to approve the issuance of the permit subject to compliance with all appli- cable codes for the construction of bowling lanes and restaurant at 3901 Highway No. 7. Motion passed by unanimous vote of five members of the Council present. Request for Sign at 3901 Highway No. 7 - B. Horovitz - 6b2 Plans and request for a sign at 3901 Highway No. 7 were presented to the Council by Bernard Horovitz. On motion of Councilman Ehrenberg,- seconded by Councilman Davis, the above request for a sign was referred to the Planning Commission for advice and re- commendation, by unanimous vote of five members of the Council present. Quit Claim Deed - 6b3 On motion of Councilman Davis, seconded by Councilman Ehrenberg, the following quit claim deed, was approved and the, City Attorney was directed to -file _ same with the Register of Deeds of Hennepin County, by unanimous vote of five members of the Council present. Agnes J. Mazey, widow, and Bernard Horovitz and Rose Horovitz, his wife, dated May 7, 1958, - An easement in and across the northeasterly corner of Lot Ten (10), Block Two (2),• Calhoun Lake Side Park, Minneapolis, Minn. 15 feet in width, being 72 feet on either side of the center line of the existing storm sewer now upon the ' northeasterly corner of said Lot 10; etc. Claim for Damages - Clarence Burmeister. 7400 North Street - 6a Claim for damages allegedly resulting from a protruding manhole in street, by Clarence Burmeister, 7400 North Street, dated April 29, 1958, was presented to the Council. (copy to Law Department May 2, 1958) On motion.of Councilman Ehrenberg, seconded by Councilman Messer, the above claim for damages was referred to the Law Department for advice and recommendation, by unanimous vote of five members of the Council present. Request for Waiver of Building Permit Fees-Lutheran Church of the Reformation-6a2 Pastor Soderberg of the Lutheran Church of the Reformation was present and requested the waiver of the building'permit fee for the construction of a building on the NW corner of W. 26th Street and Highway No. 100. It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive the building permit fee for the construction of a building on the NW corner of W. 26th Street and Highway No. 100 for the Lutheran Church of the Reformation. Motion passed by unanimous vote of five members of the Council present. 413 May 12, 1958 Request for Approval of Preliminary Plat - Eatons 2nd Addition - S. Segal - 6a3 Report from Him Hawks dated May 12, 1958 was read-by Mayor Lefler. A request was made by Sam Segal that the Preliminary Plat of Eatons Second Addition be referred to the Planning Commission for the meeting of May 14, 1958. On motion of Councilman Wolfe, seconded by Councilman Davis, the above Preliminary Plat of Eatons Second Addition was referred to the Planning Commission for advice and recommendation, by unanimous vote of five members of the Council present. CD Communication Requesting Reconsideration of Sewer Assessment - Meadowbrook Manor-6c .4!c Communication, dated March 24, 1958, requesting reconsideration of assess- ment for sanitary sewer against the Meadowbrook Manor properties, by Russell Lindquist and reports from the City Assessor and City Attorney relative to same, were presented to the Council. Russell Lindquist and John Cassidy were present in support of the request. Discussion followed. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above matter was referred to the Law Department for its advice and recommendation and report, by unanimous vote of five members of the Council present. Resolution Ordering Lateral Sanitary Sewer - Impr. No. 58-3 - 7a Resolution ordering lateral sanitary sewer extension, Improvement No. 58-3 was presented to the Council for adoption. Resolution No. 574 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive the reading of Resolution and that the Resolution No. 574, Ordering Exten- ' sion of Sanitary Sewer Improvement No. 58-3, be adopted by unanimous vote of five members of the Council-present. - First Reading of Proposed Ord. Amending Ord. No. 481 as Amended by Ord. 568 Relating to Fire Hazards - 7b The proposed Ordinance Amending Ordinance No. 481, as Amended by Ordinance No. 568, Relating to Fire Hazards, was presented to the Council for first reading. A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, -- to set date for the second reading of the above-proposed ordinance on May 19, 1958. Before vote was taken there was considerable discussion. Councilman Davis then moved the previous question, seconded by Councilman Ehrenberg and passed by a vote of five yeas. Motion was then stated by the Mayor and was lost by the following roll call vote: Councilman Davis, nay; Councilman Ehrenberg, yea; Councilman Messer, yea; Councilman Wolfe, nay; Mayor Lefler, yea. May 12, 1958 First Reading of Proposed Ord. Amending Ord. No. 525 as Amended by Ord. 562 -7c Proposed Ordinance Amending Ordinance No. 525 as Amended by Ordinance No. 562 (eliminating the requirement that Council approve commercial and indus- trial building permits), requested by Mayor Lefler, was presented to the Council for first reading. - A motion was made by Councilman Ehrenberg, seconded by Councilman Messer, to set datelfor the second reading of the above proposed ordinance on May 19, 1958 Before vote was taken discussion followed. Councilman Davis then moved the previous question, seconded by Councilman Messer and passed by a vote of five yeas. Motion was then stated by the Mayor and passed by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. Relative to Ordinance Providing for Regulation of Design & Finish of Bldgs. - 7c2 Councilman -Davis requested ,that the City Attorney be directed to prepare and Ordinance similar to the New York Ordinance that provides for regulation of design and finish of buildings. Report of- City Activities for April 1958 - 8a Report of City Activities for April 1958, by the City Manager was presented to the City Council. On hearing no objections the 'Mayor ordered the report received for filing. Minutes of Special Planning Commission - April 30. 1958 - 8b Minutes of the Special Planning Commission meeting April 30, 1958 were presented to the Council. On hearing no objections the Mayor ordered the Minutes of the Special Planning Commission meeting received for filing Concerning Auditor's Report for Fiscal Year 1957 - 8c Auditor's report for the fiscal year of 1957, by the Audits, Claims and Investigations Committee (deferred from May 5, 1958), was presented to the Council. On motion of Councilman Ehrenberg, seconded by Councilman Messer, action on the above report was deferred until May 19, 1958, by unanimous vote of five members of the Council present'. 4445 . IIIMay 12, 1958 Demotion of J. 0. Johnson from W i S Maint. II to W i S Maint. I - 10a _ The City Manager reported the demotion of J. 0. Johnson from Permanent Water and Sewer Maintenanceman II to Permanent Water and Sewer Maintenanceman I, effective May 5, 1958. On motion of Councilman Davis, seconded by Councilman 'Ehrenberg, the Council approved the demotion as reported, by unanimous vote of five members of the Council present. Promotion of Vern Tollefsrud from W &' S Maint.I to W El. S Maint.II - 10b i The City Manager reported the promotion of Vern Tollefsrud from Permanent e?' Water and Sewer Maintenanceman I to Probationary Water and Sewer Maintenanceman 'e_t II, effective May 5, 1958. On motion of Councilman Davis; seconded by Councilman Ehrenberg, the Council approved the promotion as reported, by unanimous vote of five members of the Council present. Verified Claims - 12a On motion- of- Councilman Wolfe, seconded by Councilman Davis, the lists of verified claims prepared by the Director of Finance and presented to the Council, III as amended, dated May•12, 1958 in the total amounts of $1,799.84 for payroll, and $57,838.59 for vendors were approved, and the City Manager, City Cletk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of five members of the Council present. Payments on Contract Work - 12b On motion of Councilman Messer, seconded by Councilman Ehrenberg,- the following payment on contract work, presented by the City Engineer was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue check for the respective amount, by unanimous vote of five members of the Council present. Partial Payment Certificate No. 1 Painting Steel Water Tank Contractor, Schumann Bros Contract Price, $4,290.00 Contract Date, March 17, 1958 Amount of this payment, $2,057.00 Meeting Adjourned - 13 ill On motion of Councilman Davis, seconded by Counci Wolfe, the meeting was adjourned at 11:45 p.m., by unanimous vote o five membe •f he Council present. ie / / 1 Attest: tiring _ __..7 . cdillath- erert P. Lefler, :yor Jos/ J :ta f Secretary