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HomeMy WebLinkAbout1958/05/19 - ADMIN - Minutes - City Council - Regular 416 May 19, 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. Allan Whitman of the St. George's Episcopal Church. The following Councilmen were present at roll call: H. J. Bolmgren 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 Messer, seconded by Councilman Jorvig, the minutes of meeting held May 7 and 12, 1958, were approved by unanimous vote of iL five members of the Council present. Councilman Davis arrived at 8:18 p.m. Public Hearing on Proposed Watermain. Sidewalk and Curb and Gutter Construction-5a Public hearing was had on proposed watermain construction, Improvement No. , 58-20, proposed sidewalk construction, Improvement Nos. 58-28 and 58-29; proposed curb and gutter construction, Improvement Nos. 58-30- and 58-34 thru 58-38, as described in Notice of Hearing published May 1 and 8, 1958, in the St. Louis Park Dispatch. Mayor Lefler told those present that the Sanitary Sewer projects that appeared in "Notice of Hearing" would not be heard at this time. The City Manager stated that these projects would be added to other petitions for sewer, received up to June 15th and heard at that time, and possibly would be ordered for construction later this summer. Regarding Water main Project 58-20 - the following were present and asked questions: Herbert Applequist, 2225 Gettysburg Avenue; George Archambault, 9227 W. 22nd Lake; Robert E. McGinty, 2231 Gettysburg Avenue. Project No. 58-28, 58-29 Sidewalk, no protest. Project No. 58-34, Curb and Gutter- Wm Reiners, 3463 Zarthan Avenue, Harry Rust, 3451 Zarthan Avenue appeared in opposition. Projects 58-35, 36, 37, 38 - Curb and Gutter - no protest. It was moved by Councilman Bolmgren, seconded by Councilman Messer, that Curb and Gutter Project No. 58-34 - East Side of Zarthan Avenue from Hamilton Avenue to Service' Road Highway No. 7, be deleted from Resolution. Motion passed , by unanimous vote of six members of the Council present. - May 19, 1958 Public Hearing on Proposed_ Watermain etc. Continued - 5a Resolution No. 576 On motion of Councilman Jorvig, seconded by Councilman Wolfe, Resolution No. 576, Ordering Construction of Watermains, Sidewalks, Curb and Gutters, was adopted by unanimous vote of six members of the Council present. Petition in Opposition to Change Name of Vermont Avenue - 6a Petition in opposition to change in name of Vermont Avenue to 43rd Street, ® signed by E. M. Smith,5511 Vermont Street and others, was presented to the Council. In It was explained that Vermont was changed to 43rd Street by Ordinance No. 167, adopted Jamuary 20, 1941; and that the sign department is now in process of °'D putting up street signs on all street corners in the city and are following ord- inances for correct names. Due to protest a motion was made by Councilman Wolfe, seconded by Councilman J'orvig, that Ordinance No. 167 be amended and the City Attorney be instructed to prepare an Ordinance for amending same changing the name of 43rd Street between Highway 100 and Yosemite Avenue to Vermont. Motion passed by unanimous vote of six members of the Council present.= Request for Waiver of Building Permit Fees-Btnai Abraham Synagogue - 6b Request for waiver of building permit fees for construction of B'nai Abraham Synagogue (3115 Ottawa Avenue) and er authority of Ordinance No. 562, by B'nai Abraham Synagogue, was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the request for waiver of building permit fees for construction of Btnai Abraham Synagogue, was granted by unanimous vote of six members of the Council present. Regarding Building Site and Set Backs of Bfnai Abraham Synagogue - 6b2 The City Manager explained the situation of Btnai Abrham Synagogue as to building site and set backs. The representative of B'nai Abraham Synagogue re- quested a variance in set back to 13' 8" on Ottawa Avenue side. On motion of Councilman Wolfe, seconded by Councilman Messer, the above request for variance in set back was referred to the Planning Commission for advice and recommendation, by unanimous vote of six members of the Council present. • West Lynn Third Addition Plat - 6b3 Arthur Weisberg, Attorney for Westling's, platters of West Lynn Third Addi- tion, requested that the Council reapprove the final plat of this addition as the 30 day period had elapsed since plat was approved on April 14, 1958, and same had not been filed due to difficulty in securing necessary bond required. A motion was made by Councilman Davis, seconded byCouncilman Wolfe, to ratify actions of January 13, 1958 and April 14, 1958, and reapprove final plat of West Lynn Third Addition on same terms and conditions as original approval. Motion passed by unanimous vote of six members of the Council present. 418 May 19, 1958 Claim for Darazes - C. R. Amundson - 6c Claim for damages allegedly resulting from broken watermain at 1850 Nevada Avenue, by C. R. Amundson (referred to Law Department May 13, 1958), was referred to the Council. On motion of Councilman Davis, seconded by Jorvig, the above claim for damages was referred to the Law Department for advice and recommendation, by unanimous vote of six members of the Council present. Request for Approval of Preliminary Plat of 4th Country Club Add. etc. - 6d Request for approval of preliminary plat of Fourth Country Club Addition of Westwood Hills, by Murri-Mac Company, and advice from the Secretary of the Planning Commission ,that plat is inproper form, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to place on file the preliminary plat of Fourth Country Club Addition of Westwood Hills and to refer to the Planning Commission and City Engineer for examination and report. Motion-.passed-by unanimous vote of six members of the Council present. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to direct the City Clerk to publish notice of public hearing before the Planning Commission on June 4, 1958, on proposed preliminary plat of Fourth Country Club Addition of Westwood Hills. Motion passed by unanimous vote of six members of the Council present. Request for Special Use Permit to Build Church-Lutheran Church of the Reformation - 6e Request for a special use permit to build a church (Lutheran Church of the Reformation) in a residential district (West 26th Street and Highway #100), by the Board of American Missions of the Augustana Lutheran Church, was presented to the Council. Rev. Soderberg was present in support of request. The Resolution was read by Mayor Herbert P. Lefler. RESOLUTION NO. 577 On motion of Councilman Jorvig, seconded by Councilman Messer, Resolution No. 577, Granting Perrgit under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park (to erect church building at West 26th Street and Highway No. 100 - Lutheran Church of the Reformation), was adopted by unanimous vote of six members of the Council present. Request for Use of Property V.F.W.Post #5632 - 6f Request to use property south of V.F.W. Post #5632 for a carnival on May 21 thru May 28, 1958 (Resolution 540 adopted by Council February 10, 1958 approving request for May 26 thru 28, 1958), by V.F.W. Post No. 5632, was presented to the Council. • Mr. Pipes was present in support of the request. 419 May 19, 1958 Request for Use of Property V.F.W. CONTINUED RESOLUTION NO. 578 On motion of Councilman Jorvig, seconded by Councilman Wolfe, Resolution No. 578 Amending Resolution No. 540 Granting Temporary Use of City Property (Lots 1 through 13, Block 3, Collins 2nd Addition and portions of north section of Lots 1 thru 12, Block 6, Collins 2nd Addition) was adopted by unanimous vote of six members of the Council present. Resolution Amending Assessment Resolution (Watermain 55-14) - 7a nrResolution Amending Assessment Resolution (Watermain 55-14) was presented to the Council. Mr. Prelvitz, 3810 Brookview Drive was present at the meeting. RESOLUTION NO. 579 A motion was made by Councilman Davis, seconded by Councilman Bolmgren, to waive the reading and adopt Resolution No. 579 Setting Hearing for Amended Assessment Resolution (Watermain Improvement No. 55-14) . Motion passed by unanimous vote of six members of the Council present. Resolution Amending Assessment Resolution (Watermain 55-104) - 7b Resolution Amending Assessment Resolution (Watermain 55-104), was presented to the Council. On motion of Councilman Wolfe, seconded by Councilman Messer, action on above resolution was deferred until May 26th, 1958, pending receipt of opinion from the City Attorney, by unanimous vote of six members of the Council present. Resolution Amending Assessment Resoltuion (Lift Station 51-251) - 7c Resolution Amending Assessment Resolution (Lift Station 51-251) was presented to the Council On motion of Councilman Davis, seconded by Councilman Wolfe, the above resolution was referred to the City Attorney for advice and recommendation and to report to the Council on May 26, 1958, by unanimous vote of six members of the Council present. First Reading of Proposed Ord. Amend. Zoning Ord. 5719 Goodrich Ave. - 7d The proposed ordinance Amending the Zoning Ordinance (Lot 4, Block 62, St. Louis Park Addition - 5719 Goodrich -Avenue)from Residential Use District to Multiple Dwelling Use District was presented to the Council for first reading. The following citizens present were given an opportunity to speak: Mrs. Invie, 5713 Goodrich Avenue and Mrs. M. J. Baum spoke in opposition to rezoning. C. M. Hanson, 5718 Cambridge Avenue and Mr. Sweningson, 5708 Cambridge Avenue spoke in favor of rezoning. 420 May 19, 1958 First Reading of Proposed Ord. Amending Zoning Ordinance - CONTINUED A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive the first reading and set date for the second reading on May 26, 1958, for the proposed ordinance Amending the Zoning Ordinance (Lot 4, Block 62, St. Louis Park Addition)from Residential Use District to Multiple Dwelling Use Dist- rict. Motion passed by unanimous vote of six members of the Council present. Second Reading of Proposed Ord. Amend. Ord. 525 Amended by Ord. 562 Relatiire to Comtl. and Ind. Bldg. Permits - 7e The proposed ordinance Amending Ordinance 525 as Amended by Ordinance 562 (eliminating the requirement that Council approve commercial and industrial building permits), was presented to the Council for second reading. The City Attorney gave an oral report on the proposed ordinance. On motion of Councilman Jorvig, seconded by Councilman Davis, action on the above proposed ordinance was deferred until May 26, 1958, by unanimous vote of six members of the Council present. Relative to Rezoning Lots 8 thru 17, Block 6, Latham's Minnetonka Boulevard Tract - 7f Gordon Peterson, representing owner, was present. He said that property was to be sold by Culbertson Inc. to Mrs. Rubble subject to the rezoning. - Mrs. Rubble would like to have the land rezoned to Multiple Dwelling Use, and would build three units instead of four as previously stated. It was the feeling that a new application should be presented and the matter referred again to the Planning Commission, but upon the opinion of City • Attorney a new hearing could be had without either. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that on the basis of the City Attorney's opinion the City Clerk was directed to publish a notice of hearing on this matter for June 2, 1958, for change in eu- zoning from Residential Use District to Multiple Dwelling Use District and from 22 to 3 Story Height, and from "C" to "D" Density, of Lots 8 thru 17, Block 6, Latham's Minnetonka Boulevard Tract. Motion passed by the following roll call vote: Councilman Davis, yea; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. (Councilman Bolmgren abstained from voting.) Subdivision of Relative to/Individual Lots- 7 . The proposed ordinance Authorizing Subdivision of Individual Lots in Recorded Plats in Certain Instances and Authorizing the Building Inspector to Issue Building Permits with Regard Thereto was presented to the Council for first reading. On motion of Councilman Wolfe, seconded by Councilman Jorvig, action on the above proposed ordinance was deferred until May 26, 1958, by unanimous vote of six members of the Council present. 421 May 19, 1958 Request for Variance in Platting Regulations - Cornelius Fideldy - 7h Cornelius Fideldy of 2845 Colorado Avenue was present and requested a variance to platting regulations for lots 28 i 29, Block 1, Minnehaha Gables Annex, to make these two lots with equal frontage of 75 feet. On motion of Councilman Davis, seconded by Councilman Wolfe, Cornelius Fideldy was granted permission to reduce Lot 29 to 75 feet frontage and to in- crease Lot 28 to�feet frontage, under Section 12 of Ordinance 558, the conditions therein required being found, by unanimous vote of six members of CDthe Council present. 7S� Concerning Mosquito Control (M i C No. 58-29) - 8a Concerning mosquito control (M C No. 58-29) presented by the City Manager. A motion was made by Councilman Davis, seconded by Councilman Messer, to authorize the Mayor and City Manager to execute the necessary contract with Associated Sprayers, Inc. for $5,150.50 per spraying, in behalf of the City. Before vote was taken discussion followed. Councilman Davis then moved the previous question, seconded by Councilman Wolfe and passed by a vote of six yeas. Motion was then stated by the Mayor and passed by a vote of five yeas. (Councilman Jorvig abstained from voting.) A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the City Manager be authorized to use his best discretion in contracting for spraying more than once for 1958 at contract price, not to exceed three sprayings in total. Motion passed by a vote of five yeas. (Councilman Jorvig abstained from voting.) Minutes of Planning Commission May 7. 1958 - 8b Minutes of the Planning Commission meeting May 7, 1958 was presented to the Council. On hearing no objections the Mayor ordered the minutes received for filing. Report of the Planning Commission (Case 58-25-SP) James K. Sorensen - 8c Report of the Planning Commission (Case 58-25-SP) recommending unfavorably upon the request of James K, Sorensen for a special permit under authority of Section 10.3-23 of the Zoning Ordinance to use Lots 14-15-16, Block 35, Rearrange- ment of St. Louis Park (Lake Street between Walker and Highway #7) for a driving amusement for children was presented to the Council. On motion of Councilman Jorvig, seconded by Councilman Wolfe, the above Ill request of James K. Sorenson for a special permit under authority of Section 10. 3-23 of the Zoning Ordinance to use Lots-14, 15 i 16, Block 35, Rearrangement of St. Louis Park for a driving amusement for children, was denied, by unanimous vote of six members of the Council present. 1 2 2 May 19, 1958 Report of the Planning Commission (Case No. 58-26-SP) John H. Stuurmans -8d Report of the Planning Commission (Case No. 58-26-SP) recommending un- favorably upon the request of John H. Stuurmans for a special temporary permit under authority of Sections 10.2 and 10.5 of the Zoning Ordinance to allow ' processing of sand and gravel and producing asphaltic mixture at northeast corner of Cedar Lake Road and Zarthan Avenue (part of Government Lot 8, 'south 2 of Section 4, Township 117, Range 21), was presented to the Council. On motion of Councilman Jorvig, seconded by Councilman Messer, the above request of John H. Stuurman for a special temporary permit under authority of Sections 10.2 and 10.5 of the Zoning Ordinance to allow processing of sand and gravel and producing asphaltic mixture at the Northeast corner of Cedar Lake ' Road and Zarthan Avenue, was denied by unanimous vote of six members of the Council present. • Report of the Planning Commission (Case No. 58-27-SP) T. E; Ibberson Co. -8e Report of the Planning Commission (Case No. 58-27-SP) recommending favorably with conditions upon the request of T. E. Ibberson Company for a variance under authority of Section 20.4-6 of the Zoning Ordinance to use one- half of the 201 setback for off-street parking area at 3424 Wooddale Avenue (Tract A. Registered Land Survey #494), was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Davis, that the request of T. E. Ibberson Company for a variance under authority of Section 20.4-6 of the Zoning Ordinance to use one-half of the 201 setback for off-street parking area at 3424 Wooddale Avenue, be granted subject to the five conditions of the Planning Commission as follows: 1. That the entire parking area be surfaced so as to control dust. 2. That the parking area be graded for drainage purposes with a-1411e-4etm=4ee4-e4*-mere-ino4de-of-Qte the approval of the City Engineer. 3. That a curb or wall be constructed along a line ten feet or more inside of the property line along Wooddale Avenue. 4. That the area between the above mentioned wall or curb shall be planted with grass and shrubs (Landscaped) . 5. That an agreement in the form of a record- able document shall be filed with the City stipulating the above conditions. Motion passed by unanimous vote of six members of the Council present. Recommendation for Location of Fire Station No. 2 - 8f Recommendation for location of Fire Station No. 2 on the W2 of the South 150 feet of Lot 9, Homes Addition was presented by the Planning Commission. A motion was made by Councilman Davis, seconded by Councilman Jorvig, that the site on the W2 of the South 150 feet of Lot 9, Homes Addition be approved, and the City Manager be instructed to enter into negotiations for acquisition of the land. Motion passed by unanimous vote of six members of the Council present. 423 May 19, 1958 Report of the Planning Commission (No. 58-29-S) - 8g Report of the Planning Commission (No. 58-29-S) upon the request of Sam Segal for approval of. the preliminary plat of Eaton's Second Addition, was presented to the Council. A motion was made by Councilman Messer, seconded by Councilin Wolfe, to place on file the preliminary plat of Easton's Second Addition and to refer to the Planning Commisgion and City Engineer for examination and report. Motion passed by unanimous vote/six members of the Council present. CD A motion was made by Councilman Wolfe, seconded by Councilman Messer, to direct the City Clerk to publish notice of public hearing before the Planning Commission on June 4, 1958, on proposed preliminary plat of Eaton's Second Addition. Motion passed by unanimous vote of six members of the Council present. Request for Variance by Sam Segal - 8h The request of Sam Segal for variance from Section 1 of Ordinance No. 557 prohibiting the creation of lots with a width of less than 75 feet.(Eaton's Second Addition), was, presented to the Council. On motion of Councilman Davis, seconded by Councilman Messer, the above request for variance was referred to the Planning Commission for advice and re- "' commendation, by unanimous vote of six members of the Council present. Report of Proposed Ord. Creating a Board of Architectural Control - 8i Report of proposed ordinance Creating a Board of Architectural Control, was presented by the City Attorney. On motion of Councilman Jorvig, seconded by Councilman Davis, action on the above proposed ordinance Creating a Board of Architectural Control was deferred until May 26, 1958, by unanimous vote of six members of the Council present. Financial Report of the City for April 1958 - 8i Financial report of the City for April 1958 was presented by the City Manager. On hearing no objections the Mayor ordered the financial report received for filing. Auditor's Report for Fiscal Year of 1957 - 9a Auditor's report for the fiscal year of 1957 was presented by the Audits, Claims, and Investigations Committee (deferred from May 12, 1958) . On hearing no objections the Mayor ordered the Auditor's report received for filing. f4 . -4 May 19, 1958 Jim Mattson EY111 Appointment of/Dean Miller for Temporary-Labor - 10a The City Manager proposed the appointment of Dean Miller and Jim Mattson as temporary laborers in Parks Department, effective June 1, 1958. On motion of Councilman Jorvig, seconded by Councilman Davis, the Council gave its consent and approval to the City Manager's appointment of Dean Miller and Jim Mattson as temporary laborers in Parks Department, effective June 1, 1958, by unanimous vote of six members of the Council present. Ordinance Review Committee - lla May Lefler recommended the appointment of Councilman D. C. Messer, Councilman Ken Wolfe to the "Ordinance Review Committee" up to July 21, 1958. A motion was made by Councilman Jorvig, seconded by Councilman Bolmgren, that the appointment of Councilman Messer and Councilman Wolfe, to the "Ordin- ance Review Committee" up to July 21, 1958 be approved. Motion passed by a vote of four yeas and two nays. Councilman Messer and Councilman Wolfe' voting nay. . Resolution Amending Resolution No. 573 for Award of Bonds - llb Resolution Amending Resolution No. 573 for Award and Issuance of Improve- ment Bonds was presented to the Council. III RESOLUTION 575 On motion of Councilman Wolfe, seconded by Councilman Bolmgren, Resolution No. 575 Amending Resolution No. 573 for Award and Issuance of Improvement Bonds, was adopted by unanimous vote of six members of the Council present. Verified Claims - 12a On motion of Councilman Davis, seconded by Councilman Bolmgren, the list of verified claims prepared by the Director of Finance and presented to the Council, dated May 19, 1958 in the total amount of $32,322.52 for vendors was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of six members of the Council present. Meeting Adjourned - 13 On motion of Councilman Davis, seconded by Counci Jorvig, the meeting was adjourned at 11:59 p. m., by unanimous o,e of six memb: o/ he Council present. / ' -r rt P. e ' er, Ma 'or Attest: /roseP Just SecretaryIII