HomeMy WebLinkAbout1958/07/14 - ADMIN - Minutes - City Council - Regular 482
Council Meeting - July 14, 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. Arnold Anderson of the Westwood Lutheran
Church.
The following Councilmen were present at roll call:
H. J. Bolmgren
Robert Ehrenberg
Torval Jorvig
D. C. .Messer
Kenneth Wolfe
Herbert P. Lefler
Also present were the City Attorney, Assistant to the City Manager,
and the Secretary.
Minutes - 4
On motion of Councilman Jorvig, seconded by Councilman Bolmgren, the
minutes of meeting held July 7, 1958, were approved by unanimous vote of six
members of the Council present.
Public Hearing on Vacation of Alley - Roger E. Krause - 5a
Public hearing was had on proposed vacation of that portion of east
acid west alley between Zarthan and Yosemite Avenues and Lake to 33rd Street,
west of the north-south alley, as described in Notice of Hearing published
June 5, 1958 (see P.C. recommendation under item 8n) .
Petitions in opposition were received from Frank Keller, 3230 Yosemite
Avenue and Hildor C. Anderson, 5823 W. Lake Street.
The following persons appeared in favor of request: Mr. i Mrs. Krause,
3251 Zarthan Avenue; Mr. Walther Schmidt, 3245 Zarthan Avenue; K. J. Botham,
3236 Yosemite Avenue; James Creighton, 3232 Yosemite Avenue.
The following persons appeared in opposition to request: Louis Letts,
3243 Yosemite Avenue; R. B. Connery, 3231 Yosemite Avenue and W. C. Mangel,
3219 Yosemite Avenue.
A motion was made by Councilman Bolmgren, seconded by Councilman Jorvig,
that the petition for vacation of alley be referred back to petitioners in
order for them to present proper petition as required in Ordinance No. 467.
Discussion followed.
Councilman Wolfe moved the previous question, seconded by Councilman
Ehrenberg and passed by unanimous vote of five members of the Council present.
Councilman Messer was out of the room when vote was taken.
483
July 14, 1958
Public Hearing on Vacation of Alley - CONTINUED
Mayor Lefler then put the question and the motion was lost by the
following roll call vote: Councilman Bolmgren, yea; Councilman Ehrenberg, nay;
Councilman Jorvig, nay; Councilman Wolfe, nay; Mayor Lefler, nay.
A motion was then made by Councilman Wolfe, seconded by Councilman Jorvig,
that this hearing be continued to August 18, 1958 and that the petitioners be
given opportunity to amend their petition to meet requirements of Ordinance No.
467. Motion passed by a vote of five yeas. Councilman Messer out of the room
when vote was taken.
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Procedure for Street and Alley Vacations - 5a2
A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig,
that the City Manager draw up necessary procedure so that the problems encount-
ered at this hearing for vacation of alley between Zarthan and Yosemite Avenues
and Lake to 33rd Streets, will not occur again. Motion passed by unanimous
vote of six members of the Council present.
Public Hearing on Vacation of Alley - Curran V. Nielsen -5b
Public hearing was had on the 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 -
'" as described in Notice of Hearing published July 3, 1958 in the St. Louis Park
Dispatch (near Edgewood and Oxford Avenues) .
Mayor Lefler read the Planning Commission report as to their tabling of
petition for lack of information.
A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren,
that the above hearing be adjourned until August 18, 1958. Motion passed by
unanimous vote of six members of the Council present.
Claim for Damages Victor L. Nygaard - 6a
Claim for damages, dated June 30, 1958, allegedly resulting from im-
proper digging in street at 2648 Idaho Avenue, by Victor L. Nygaard, was pre-
sented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
that the above claim for damages be referred to the Law Department for advice
and recommendation, (copy to Law Department July 3, 1958) . Motion passed by
unanimous vote of six members of the Council present.
Request for Building Permit W. 35th Street and Highway No. 100 - 6b
Request for approval of the issuance of a building permit for the con-
struction of a temporary real estate tract office at West 35th Street and Highway
No. 100, by Belt Line Industrial Center, was presented to the Council.
484
July 14, 1958
Request for Building Permit - CONTINUED
Mr. Byland of Chas Freidheim Company was present in support of request.
A motion was made by Councilman Ehrenberg, seconded by Councilman Messer,
to approve the issuance of the permit for the construction of a temporary real
estate tract office at 35th Street and Highway No. 100, subject to compliance
with all applicable codes. Motion passed by unanimous vote of six members of
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the Council present.
Communication Relative to Audit-G. M. Hansen - 6c
Communication, dated July 3, 1958, relative to audit for fiscal year
1958, by G. M. Hansen, was presented to the Council.
On hearing no objections the Mayor ordered the above communication
filed.
Petition to Vacate Alley - Philip C. Starkey - 6d
Petition to vacate alley between Cambridge Avenue and West 39th Street
from Brunswick Avenue to R.R. Tracks adjacent to Lots 1, 2, 9, 10, Block 69,
St. Louis Park Addition and Lot 11, Block 69, Rearrangement of St. Louis Park,
by Philip C. Starkey and others ( referred to Planning Commission for August
6, 1958 meeting), was presented to the Council.
Resolution No. 620
A motion was made by Councilman Wolfe, seconded by Councilman Jorvig,
to waive reading and adopt Resolution No. 620 setting date for public hearing
on August 18, 1958 to vacate the above described alley. Motion passed by unan-
imous vote of six members of the Council present.
Resolution Deferring Approval of Preliminary Plat of 4th Country Club Add. - 7a
Resolution Deferring Approval of Preliminary Plat of Fourth Country Club
Addition of Westwood Hills (requested June 23, 1958) , was presented to the Council.
Resolution No. 621
A motion was made by Councilman Ehrenberg, seconded by Councilman Messer,
to waive reading and adopt Resolution No. 621 Relative to Preliminary Plat of
Fourth Country Club Addition (deferring action on approval of plat until Sept-
ember 15, 1958). Motion passed by unanimous vote of six members of the Council
present.
First Reading of Proposed Ord. Amending the Zoning Ord. - W. 36th Street
between Lynn and Natchez Avenues - 7b
The proposed ordinance Amending the Zoning Ordinance (W. 36th Street
between Lynn and Natchez Avenues), was presented for first reading.
Mr. Gould was present in support of ordinance and showed an artists
drawing of proposed buildings.
485
July 14, 1958
First Reading of Proposed Zoning Ordinance - CONTINUED
A motion was made by Councilman Bolmgren, seconded by Councilman Messer,
to waive the first reading and to set date for the second reading of the proposed
ordinance Amending tthe Zoning Ordinance (W. 36th Street between Lynn and Natchez
Avenuei on July 21, 1958. Motion passed by unanimous vote of six members of the
Council present.
First Reading of Proposed Ordinance Regulating the Exterior Materials,
Design, 'etc. of all Buildings - 7c
`-� The proposed Ordinance Regulating the Exterior Materials, Design, Appear-
2.f;
Q ance, Construction, Height and Size of all Buildings (requested June 23, 1958),
Q was presented to the Council for first reading.
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The ordinance was discussed at length with Wm. Lee who was present at the
meeting.
A motion was made by Councilman Bolmgren, seconded by Councilman Messer,
to waive the first reading and to set date for the second reading on July 21,
1958 for the proposed Ordinance Regulating the Exterior Materials, Design,
Appearance, Construction, Height and Size of all Buildings. Motion passed by
unanimous vote of six members of the Council present.
Second Reading of Proposed Ordinance Amending Ord. No. 525 as Amended by Ord.
No. 562 - 7d
The proposed ordinance Amending Ordinance No. 525 as Amended by Ordinance
No. 562 (eliminating the requirement that Council approve commercial and ind-
ustrial building permits), deferred from June 23, 1958, was presented to the
Council for second reading.
On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, action
on the above ordinance was deferred to July 21, 1958, by unanimous vote of six
members of the Council present.
Second Reading of Proposed Ordinance Amending the Zoning Ordinance
Lvnn Avenue and Minnetonka Boulevard - 7e
The proposed ordinance Amending the Zoning Ordinance (Lynn Avenue and
Minnetonka Boulevard), was presented to the Council for second reading.
Ordinance No. 629
A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to
waive the seconc( reading and adopt Ordinance No. 629 Amending the Zoning Ordinance
of the City of St. Louis Park (Lynn Avenue and Minnetonka Boulevard) . Motion
passed by unanimous vote of six members of the Council present.
486
July 14, 1958
Resolution Calling Hearing on Improvement No. 58-64
Resolution Calling Hearing on Improvement No. 58-64 was presented to
the Council;
Resolution No. 622
A motion was made by Councilman Ehrenberg, seconded by Councilman
Messer, to waive reading and adopt Resolution No. 622 Calling. Hearing on
Improvement No. 58-64 (July 28, 1958) . Motion passed by unanimous vote of
six members of the Council present.
Annual Report for 1957 from Minneapolis Gas Company - 8a
The Annual Report for 1957 from the Minneapolis Gas Company was presented
to the Council.
On hearing no objections the Mayor ordered the above report 'received for
filing.
Report of City Activities for June 1958 - 8b
Report of City Activities for June 1958 was presented to the Council
by the City Manager.
On hearing no objections the Mayor ordered the above report received for
filing.
Minutes of the Planning Commission Meeting July 2. 1958 - 8c
Minutes of the Planning Commission meeting July 2, 1958 were presented
to the Council.
On hearing no objections the Mayor ordered the Minutes of the Planning
Commission received, for filing.
Report of Planning Commission (Case No.' 58-48-V) - Bernard Horovitz - 8d
Report of the Planning Commission (Case No. 58-48-V) recommending un-
favorably upon the request of Bernard Horovitz for a variance under authority
of Section 20.4-6 of the Zoning Ordinance to permit a sign with a 51 setback
instead of the required 201 setback at 3901 Highway No. 7 (Park Delicatessen-
Lot 21, Block 2, Calhoun Lakeside Park), was presented to the Council.
Ben Horovitz phoned the City Clerk July 14, 1958 and requested that action
be deferred to August 4, 1958.
On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, action
on the above request was deferred to August 4, 1958, by unanimous vote of six
members of the Council present.
487
July 14, 1958
Report of Planning Commission (Case No. 58-49-V) - General Adv. Co. - 8e
Report of the Planning Commission (Case 58-49-V) recommending unfavorably
upon the request of General Outdoor Advertising Company for a special permit
under authority of Sections 10.3-20 and 10.5 of the Zoning Ordinance to erect
a sign 38' x 161, and also recommending unfavorably upon a request for a var-
iance under authority of Section 20.4-6 of the Zoning Ordinance to permit a
sign with 3' setback instead of the required 20' - 3924 Excelsior Boulevard
(Minikanda Motel), was presented to the Council.
It was suggested that General Outdoor Advertising Company come back
with new design of sign that will meet with ordinance requirements.
It was moved by Councilman Wolfe, seconded by Councilman Messer, to
approve the variance under 20.4-6 of the Zoning ordinance of set back require-
ment for a pylon sign identifying motel on premises at 3924 Excelsior Boulevard
to be erected not nearer than five feet from the property line adjacent to
Excelsior Boulevard. Motion passed by unanimous vote of six members of the
Council present.
Report of Planning Commission (Case No. 58-50-SP) - Cliff's Drive-In) - 8f
Report of the Planning Commission (Case No. 58-50-SP) recommending un-
favorably upon the request of Cliff Amlaw for a special permit under authority
. of Sections 10.3-20 and 10.5 of the Zoning Ordinance to erect a sign 40' x 40"
- 5408 Minnetonka Boulevard (Cliff's Drive-In), was presented to the Council.
Cliff Amlaw was present in support of his request.
Resolution No. 623
A motion was made by Councilman Messer, seconded by Councilman Wolfe,
to waive reading and adopt Resolution No. 623 Granting Permit Under Section
10.3 of the Zoning Ordinance of the City of St. Louis Park (erect sign at
Cliff's Drive-In, 5408 Minnetonka Boulevard) . Motion passed by a vote of five
yeas and one nay. Councilman Ehrenberg voting nay based on the fact that addi-
tional traffic hazard might be created at intersection.
Report of Planning Commission (Case No. 58-51-Z) G. R. Peterson - 8g
Report of the Planning Commission (Case No. 58-51-Z) recommending favor-
ably with conditions, upon the request of G. R. Peterson to rezone part of Lots
8 and 9, {ji�o taken by State Highway, and all of Lots 10 thru 17, Block 6,
Latham's/BS Idvard Tract (31st to 32nd on Toledo Avenue) from Residential Use
District to Multiple Dwelling Use District, from 22 to 3 Story Height, and from
"C" to "D" Density, was presented to the Council.
It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to
set date for public hearing, on the above rezoning for August 4, 1958. Motion
passed by unanimous vote of six members of the Council present.
488
July 14, 1958
Report of Planning Commission (Case 58-52-Z) Adolph Fine - 8h
Report of the Planning Commission (Case 58-52-Z) recommending favor-
ably with condi ons pon the request of Adolph Fine to rezone Lots 171 and
172, Richmond dition (2267 Louisiana Avenue) from Residential Use
District to Limited Commercial Use District, was presented to the Council.
Mr. Edlund was present in favor of request. He presented a letter
regarding requirement of fence asked for by the Planning Commission in their
report.
A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg,
to set date for public hearing on the above rezoning for August 4, 1958.
Motion passed by unanimous vote of six members of the Council present.
Report of the Planning Commission (Case No. 58-54-Z) - James Resop - 8i
Report of the Planning Commission (Case No. 58-54-Z) recommending favor-
ably upon the request of James Resop to rezone Lot 19, Huntington Woods 1st
Addition (4118-20 West 36th Street) from Residential Use District Dwelling Use r.#
District and from "A" to "B" Density District, was presented to the Council.
was
Mr. Fuzzy/present in support of the request.
A motion was made by Councilman Wolfe, seconded by Councilman Messer,
to set date for public hearing on above rezoning for August 4, 1958. Motion
passed by unanimous vote of six members of the Council present.
Report* of Planning Commission (Case No. 58-55-V) Harmon T. Ogdahl - 8i
Report of the Planning Commission (Case No. 58-55-V) recommending
favorably upon the request of Harmon T. Ogdahl for a variance from lot width
and area requirements of the Zoning Ordinance to permit the creation of four
50' lots from four 40' lots and two 20' lots - Idaho between 14th and 16th
Streets (Lots 90, 91, 92, 94, 95 es. 96, Richmond Addition), was presented to
the Council.
On motion of Councilman Messer, sec8pded by Councilman Wolfe, the above
request for variance was approved by a vote/five yeas and one nay. Councilman
Ehrenberg voting nay.
Report of Planning Commission (Case No. 58-58-Z) Frank Theros - 8k
Report of the Planning Commission (Case No. 58-58-Z) recommending un-
favorably upon the request of prank Theros to rezone the west 522 feet of Plat
49706, Parcel 6423, Section 6, Township 28, Range 24 (4340 West 361 Street)
from Multiple Dwelling to Commercial Use District, was presented to the Council.
It was moved by Councilman Ehrenberg, seconded by Councilman Jorvig, to
concur with the recommendation of the Planning Commission to deny the above
request for rezoning. Motion passed by unanimous vote of six members of the
Council present.
489
July 14, 1958
Report of Planning Commission (Case No. 58-59-V) - 81
Report of the Planning Commission (Case No. 58-59-V) recommending
' favorably upon the request of E. 0. Rodberg for a variance under authority
of Section 20.4-6 of the Zoning Ordinance to permit erection of a sign 8t
from the property line at 3877 Wooddale Avenue )Dairy-Mor Drive-In), was
presented to the Council.
On motion of Councilman Wolfe, seconded by Councilman Jorvig, the
above request for variance was approved by unanimous vote of six members of
the Council present .
!Id
Report of Planning Commission (Case No. 58-60-V) Cities Service Oil - 8m
Report of the Planning Commission (Case No. 58-60-V) recommending
favorably with conditions upon the request of Cities Service Oil Company for
a special permit under authority of Section 10.3-18 of the Zoning Ordinance
to construct a new gasoline service station after razing the existing one
at 4300 Excelsior Boulevard, and also recommending favorably upon the re-
, quest for a variance under authority of section 20.4-6 of the Zoning Ordin-
ance to permit construction of a new gasoline service station with an 81
setback from West 362 Street instead of the required 20' setback, was
presented to the Council. Dick Batten of Cities Service was present in support
of request.
Resolution No. 624
A motion was made by Councilman Wolfe, seconded by Councilman Bolmgren,
to waive reading and adopt Resolution No. 624 Granting Permit Under Section
10.3 of the Zoning Ordinance of the City of St. Louis Park (construct a new
gasoline service station at 4300 Excelsior Boulevard) . Motion passed by un-
animous vote of six members of the Council present.
It was moved by Councilman Wolfe, seconded by Councilman Messer, to
approve the variance upon condition that petitioners enter into contract with
the City to construct sidewalk, curb and gutter, as adjacent to the property
on Excelsior Boulevard in accordance with ordinance requirements. Motion
passed by unanimous vote of six members of the Council present.
Report of the Planning Commission (Case No. 58-61-Vac) Roger E. Krause -8n
Report of the Planning Commission (Case No. 58-61-Vac) recommending
unfavorably upon the request of Roger E. Krause to vacate that portion of
east and west alley between Zarthan and Yosemite Avenues and Lake to 33rd
Street, west of the north-south alley was presented to the Council.
See item 5a fpr public hearing.
Legal Opinion Relative to Liquidated dames etc. - Sornsin-Rue Co. - 8o
Legal opinion regarding determination of amount of liquidated damages
provided for in contract between the City and Sornsin - Rue Company for
Trunk Sewer No. 3, Improvement No. 56-52, Section C (requested July 7, 1958),
was discussed.
490 \
July 14, 1958
Legal Opinion - CONTINUED
A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg,
that action on the request of Matthew Levitt, Attorney for Sornsin-Rue Co.
present at the meeting of July 7, 1958, be_deferred until contract is finished.
Motion passed by unanimous vote of six members of the Council present.
Report on Master Plan for Storm Sewers - Banister Engineering - 9a
Report on Master Plan for Storm Sewers, by Banister Engineering Company
(deferred June 2, 1958), was presented to the Council.
City Manager was directed to make arrangements with Banister Engineering
Company for a special meeting during the week of July 21, 1958.
Questionnaire from Commission on Local Goveanment Problems - 9b
Questionnaire from Commission on Local Government Fiscal Problems
(deferred from July 7, 1958), was discussed.
A motion was made by Councilman Ehrenberg, seconded byCouncilman Wolfe,
that the City Manager be directed to forward to Commission on Local Government
Fiscal Problems our correlation of questionnaire as presentely made. Motion
passed by unanimous vote of six members of the Council present.
III
Verified Claims - 12a
On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the
lists of verified claims prepared by the Director of Finance and presented to
the Council, dated July 14, 1958 in the total amount of $47,842.73 for vendors
was approved, and the City Manager, City Clerk, and City Treasurer were author-
ized to issue checks covering same, by unanimous vote of six members of .the
Council present.
Meeting Adjourned - 13
On motion of Councilman Messer, seconded by Councilman Bolmgren, the
meeting was adjourned at 1:05 a.m., by unanimous vote of ' ix members of the
Council present. /
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'_.4►..l°.II ,,
Jor. t P. ' er, Malror
Attest: ,
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(sePh ‘ustay/, Secretary
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