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HomeMy WebLinkAbout1958/06/02 - ADMIN - Minutes - City Council - Regular S Council Meeting - June 2, 1958 A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8:00 p.m. - Invocation was given by Rev. Herman Soderberg of the Lutheran Church of the Reformation. The following Councilmen were present at roll Call; H. J. Bolmgren Robert Ehrenberg Torval Jorvig B . 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 Bolmgren, the minutes of meeting held May 26, 1958, were approved by unanimous vote of six members of the Council present. Councilman Davis arrived at 8:20 p.m. Public Hearing on Proposed Rezoning - Culbertson's Cafe Inc. - 5a Public hearing was had on the proposed rezoning of Lots 8 thru 17, Block 6, Latham's Minnetonka Boulevard Tract (between 31st and 32nd Streets 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 the petitioners, was present and showed the new plan for the area, being three buildings instead of four buildings and containing 41 units instead of 44 units. The following were present in opposition to the rezoning: Mr. & Mrs. Frank Edey, 3101 Toledo Avenue, Mr. Ronald A. Kampff, 3033 Toledo Avenue, Mr. Ee Mrs. Nessheim, 3120 Salem Avenue, W. Bernstein, 3116 Salem Avenue, and Mr. Wm. J. Campbell, 3029 Toledo Avenue. It was the feeling of this group that this property should be converted into a park area, as this area was primarlily residential. A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, that the Law Department be directed to prepare the necessary ordinance for first reading on June 9, 1958, to rezone Lots 8 thru 11, Block 6, Lathams Minnetonka Boulevard Tract from Residential Use District to Multiple Dwelling Use District, from "C" to "D" Density and from 22 story height to 3 story height, and Lots 12 thru 17, Block 6, Latham*s Minnetonka Boulevard Tract from Residential Use District to Multiple Dwelling Use District, and from "C" to "D" Density, subject to the following restrictions to be set up in a Recordable Agreement. 433 June 2, 1958 Public Hearing on Proposed Rezoning - CONTINUED 1. That petitioner for rezoning request vacation of alley that abutts the East Boundary of their property. 2. That petitioner for rezoning provide adequate screening by planting on their 1/2 of alley abutting the site, planting to be maintained for 20 years. 3. That the parking area be so specified in the agreement for parking and no other use, and that parking area r� have a permanent surfacing. In The motion was discussed at length and then Councilman Davis, moved the previous question, but as there was no second the discussion continued. Mayor Lefler then put the question and motion was lost by the following roll call vote: Councilman Bolmgren, nay; Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, nay; Mayor Lefler, yea. (Councilman Wolfe abstained from voting.) Mayor Lefler stated that the Council should dispose of this matter as the City Attorney declared it was still open. A motion was made by Councilman Bolmgren seconded by Councilman Davis, to deny the request to rezone Lots 8 thru 17, Block 6, Latham's Minnetonka Boule- vard Tract from Residential Use District to Multiple Dwelling Use District, from 22 to 3 Story Height and from "C" to "D" density. Motion passed by a vote of five yeas and one nay. (Councilman Ehrenberg voting nay and Councilman Wolfe, abstained from voting.) Petition Regarding Drainage Ditches - Earl Dorn - 6a Petition requesting action to eliminate drainage ditches in low area be- tween Franklin Avenue and West 22nd Street and between Flag Avenue and County Road 18, signed by Mr. Mrs. Earl Dorn, 9215 West 22nd Street and others, was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Davis, that the Law Department communicate with Earl Dorn and others regarding the position of the City in regard to the maintenance of open ditches and pounding areas by private parties. Motion passed by unanimous vote of seven members of the Council present. Communication Regarding the Suburban Gas Utility Alliance - 6b Communication, dated May 21, 1958, regarding the Suburban Gas Utility Alliance, signed by Warren Hyde, Village Manager of Edina, was presented to the Council. Discussion was had regarding the Alliance. Mayor Lefler, who has been appointed as a member of the steering committee for the Alliance,was asked to make a report on the progress at a later_ date. Hearing no objections the Mayor ordered the communication filed. r Ci June 2, 1958 Notification of Intent to Hold a Bingo Game at Oak Hill Park - VFW - 6c Notification, dated May 21, 1958, of intent to hold a game of Bingo at Fourth of July Celebration at Oak Hill Park, by Veterans of Foreign Wars, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Bolmgren, that the notification of intent to hold a game of Bingo at Oak Hill Park on the Fourth of July, by the Veterans of Foreign Wars, be filed. Motion passed by unanimous vote of seven members of the Council present. Communication Relative to Time on Contract with Sornsin Rue Company - 6d Communication, dated May 23, 1958, relative to extension of time on con- tract between the City and Sornsin-Rue Company for Trunk Sewer No. 3, Improve- ment No. 56-52, Section C, by G. N. Orr Engineering Company, was presented to the Council. Harry Mayeron of Orr Schelen Inc. and Matthew Levitt, representing Sornsin-Rue Company joint venture appeared before the Council to discuss the re- quest of Sornsin-Rue for extension of time to complete the trunk sewer contract. Mr. Mayeron explained delay was due to inability of the contractor to commence tunneling under the Great Northern Railway until the Railway permit had been negotiated by the City and that he recommended extension to July 10, 1958, and advised the Council that if the Council approved he would so extend the time for completion. Mr. Levitt accepted the proposed extension. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that upon the verbal recommendation of Consulting Engineers presented at this meet- ing, by Harry Mayeron, the recommended extention of time to July 10, 1958 on Sornsin-Rue Company Contract for Section C, Sanitary Sewer Project No. 56-52, be confirmed subject to a written recommendation being subsequently received by the City from Consulting Engineers. Motion passed by unanimous vote of seven members of the Council present. Petition for Vacation of Alley - Roger E. Krause - 6e Petition for vacation of that portion of east and west alley between Zarthan Avenue and Yosemite Avenue and Lake Street to 33rd Street, west of the north-south alley, signed by Roger E. Krause, 3251 Zarthan Avenue and others, was presented to the Council. Discussion followed. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above petition for the vacation of Alley was referred to the Planning Commission for advice and recommendation, by unanimous vote of seven members of the Council present. On motion of Councilman Davis, seconded by Councilman Ehrenberg, public hearing on the above vacation of alley was set for July 14, 1958, (that portion of east and west alley between Zarthan Avenue and Yosemite Avenue and Lake to 33rd Street, west of the north-south alley) by unanimous vote of seven members of the Council present. 4135 June 2, 1958 ' Communication Concerning Participation of Village of Minnetonka' in Storm Sewer Project - 6f Communication, dated May 24, 1958, concerning participation of Village of Minnetonka in the storm sewer project on West 16th Street, by S. Thimsen, Village Clerk, was presented to the Council. `On motion of Councilman Davis, seconded by Councilman Wolfe, the comm- unication concerning participation of Village of Minnetonka in the storm sewer project on West 16th Street, was referred to the Director of Public Works for CD report and recommendation, by unanimous vote of seven members of the Council P`' present. '"Z Resolution Regarding Municipal State Aid Street System - 7a Resolution to Locate, Establish, Designate and Number Streets Under Municipal State Aid Street System, was presented to the Council. Discussion followed. A motion was made by Councilman Davis, seconded by Councilman Jorvig, ,.that the above Resolution be placed on the agenda for June 9, 1958. Motion passed by unanimous vote of seven members of the Council present. Resolution Auth. Pavmen of Additional Fees for Auditing Services - 7b Resolution Authorizing Payment of Additional Fees for Auditing Services, was presented to the Council. Councilman Davis reported that the Audit Committee felt the Resolution was in order. Resolution No. 585 On motion of Councilman Wolfe, seconded by Councilman Ehrenberg, the reading of Resolution No. 585 was waived and adopted by unanimous vote of seven members of the Council present. First Reading of Proposed Ordinance Auth. Transfer of Funds Etc. - 7c The Proposed Ordinance Authorizing the Transfer of Funds and Providing Appropriations for Expenditures as Indicated, was presented for first reading. A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the first reading of the above ordinance be waived and the second reading be set for June 9, 1958, but eliminating item 101-497-29 Unallocated General Expense (Suburban Gas Agency Contract) in amount of $3,450.00. Motion passed by unani- mous vote of seven members of the Council present. Councilman Davis left at 10:45 p.m. 7 436 June 2, 1958 Second Reading of Proposed Ord. Changing Name of 43rd Street - 7d The proposed ordinance Changing the Name of 43rd Street to Vermont Street was presented to the Council for second reading. / ORDINANCE NO. 625 On motion of Councilman Ehrenberg, seconded by Councilman Messer, the second reading of Ordinance No. 625 was waived and adopted by unanimous vote of six members of the Council present. Second Reading of Proposed Ord. Auth. Subdivision of Individual Lots etc. - 7e 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 second reading. ORDINANCE NO. 626 On motion of Councilman Wolfe, seconded by Councilman Messer, the second reading ofiOrdinance No. 626 Authorizing Subdivision of Individual Lots in Re- , corded Plats in Certain Instances and Authorizing the Building Inspector to Issue Building Permits with Regard Thereto, was waived and adopted by unanimous vote - • of six members of the Council present. Second Reading of Proposed Ord. Amending Ordinance No. 481 as Amended by Ord. No. 568, Relating to Fire Hazards - 7f The proposed ordinance Amending Ordinance No. 481 as Amended by Ordin- ance No. 568, Relating to Fire Hazards was presented to the Council for second reading. ORDINANCE NO. 627 It was moved by Councilman Ehrenberg, seconded by Councilman Messer, that the proposed ordinance Amending Ordinance No. 481 as Amended by Ordinance No. 568, Relating to Fire Hazards be read. Motion passed by unanimous vote of six members of the Council present. On motion of Councilman Ehrenberg, seconded by Councilman Messer, Ordin- ance No. 627, Amending Ordinance No. 481 as Amended by Ordinance No. 568, Re- lating to Fire Hazards, was adopted by the following roll call vote: Councilman Bolmgren, nay; Councilman Ehrenberg, yea; Councilman Jorvig, yea; Councilman Messer, yea; Councilman Wolfe, nay; Mayor Lefler, yea. Report Relative to Improvements in Country Club Addition of Westwood Hills - 8a Report, dated May 19, 1958, relative to improvements in Country Club Addition of Westwood Hills as required by Section 10 of Ordinance 558 was presented to the Council by the Director of Public Works. (requested May 5, 1958.) A motion was made by Councilman Messer, seconded by Councilman Bolmgren, that the above report relative to improvements in Country Club Addition of Westwood Hills as required by Section 10 of Ordinance No. 558 be referred to the City Attorney for inclusion in contract for furnishing improvements required by Ordinance No. 558. Motion passed by unanimous vote of six members of the Council present. 437 June 2, 1958 Preliminary Report on Petitioned Watermain & Setting Hearing Date - 8b Ill ' Preliminary report of the Director of Public Works and endorsement of the City Assessor with respect to petitioned watermain, Improvement Nos. 58-52, 58-53, 58-54, was presented to the City Council. On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the reading of Resolution No. 587, Setting Hearing Date for June 23, 1958 for water- main construction Improvement Nos. 58-52, 58-53; 58-54, was waived and adopted by unanimous vote of six members of the Council present. O 1" •1 Report on Master Plan for Storm Sewers - 8c Report on Master Plan for Storm Sewers was presented to the Council by Banister Engineering Company. It was suggested that this report be put on the agenda about three weeks from now and that the City Manager set up a meeting with Mr. Banister for some Council meeting in July. -.Tabulation of Bids for Ornamental Street Lighting - 9a Tabulation of bids for ornamental street lighting (deferred from May 26, 1958) was presented to the Council. Mayor Lefler made a report of meeting with Lake Forest Association. He stated that the group was in favor of this plan. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, to designate Lee Electric Company as the lowest responsible bidder, in the amount of $32,400.00, and to authorize the Mayor and City Manager to execute the necessary contract on behalf of the City. Motion passed by unanimous vote of six members of the Council present. Park Consultant - 9b .� The City Manager gave an oral report on the employment of a Park Consult- ant. He has had proposals from Bob Corwin, St. Louis Park and Harrison Associa- tion, Ames, Iowa. It was suggested that before a proposal is accepted that a council committee meet with the City Manager and the two consultants who have given proposals. Mayor Lefler designated Councilman Wolfe and Councilman Messer and Council- man Ehrenberg to meet with the City Manager and the two consultants some time this week and make a report at the June 9, 1958 meeting. Appointment of Director of Public Works - 10a The City Manager proposed the appointment of Raynold Folland as probation- ary Director of Public Works, effective July 7, 1958. On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the Council gave its consent and approval to the City Manager's appointment of Raynold Folland as probationary Director of Public Works, effective July 7, 1958, • by unanimous vote of six members of the Council present. 1 438 June 2, 1958 Regarding Roos Contract for Painting Community Center - 10b The City Manager reported that Roos Company had not started to work, and that the finishing date in contract was past, and recommended that ,contract be terminated. On motion of Councilman Wolfe, seconded by Conncilman Bolmgren, the City Manager was authorized to readvertise for bids for the painting of the Commun- ity Center as per specification previously approved, by unanimous vote of six members of the Council present. Resolution Increasing Designated Maximum Amount to be Kept in Depository - 10c Resolution Increasing Designated Maximum Amount to be Kept in Depository in Citizens State Bank, was presented to the Council. RESOLUTION NO. 586 On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the reading of Resolution No. 586, Increasing Designated Maximum Amount to be Kept in Deposi- tory, was waived and adopted by unanimous vote of six members of the Council present. Verified Claims 12a On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated June 2, 1958 in the total amount of $12,248.78 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. Payment on Contract Work - 12b On motion of Councilman Bolmgren, 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 six members of the Council present. No: 11 Payment - Trunk Sewer Improvement No. 3 Sewer Improvement No. 56-52 Section "A" Contractor, Barbarossa Nodland Company Contract Price, $986,059.00 Amount of this Payment, $120,624.84 439) 1 • June 2, 1958 Meeting Adjourned - 13 On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the meeting was adjourned at 12:06 a.m., by unanimous vote of six members of the Council present. I vg, biNdk Herb;r P. Lefl: = Mayor3 I G Attest: seph Justa Secretary 111 a J