HomeMy WebLinkAbout1958/07/21 - ADMIN - Minutes - City Council - Regular 491
Council Meeting — July 21, 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. Ralph Erickson of the Prince of Peace
Lutheran Church.
The following Councilmen were present at roll call:
H. J. Bolmgren
H. C. Davis
Robert Ehrenberg
Torval Jorvig
Herbert P. Lefler
_ Also present were the City Manager, City Attorney and the Secretary.
Minutes — 4
On motion of Councilman Bolmgren, seconded byAouncilman Ehrenberg, the
minutes of meeting held July 14, 1958, were approved by unanimous vote of five
members of the Council present.
Public Hearing on Sidewalk. Curb and Gutter and Watermain Construction — 5a
Public hearing was had on proposed sidewalk construction, Improvement
No. 58-51; proposed curb and gutter construction, Improvement Nos. 58-44 and
50; proposed watermain construction, Improvement Nos. 58-24, 25, 33, 40, 41,
42, 43, 58 and 59, all as described in Notice of Hearing published July 10 and
17, 1958 in the St. Louis Park Dispatch.
Letters received from Lyle Johnson and C. D. Rhodes regarding Improvement
No. 58-59 were referred to. Mr. Ofelt and Dr. Gordon own lots on Parklands
Lane"and plan to build there, they stated that they were in favor of project
58-40. Mr. Fredericks said he was in favor of Project 58-58. Mr. Skog, 3108
Dakota Avenue is in favor of project Nos. 58-51 and 58-50, but was concerned
whether the new width of Dakota Avenue would be used when this work is done.
He was told that that was the intent.
A motion was made by Councilman Davis, seconded by Councilman Jorvig,
to waive reading and adopt Resolution Approving Plans and Ordering Improvements,
as amended by deleting in paragraph-1 "copies of which are hereto attached".
Before vote was taken it was pointed out that only five Councilmen were pre—
sent so the following motion was,made.
It was moved by Councilman Davis, seconded by Councilman Jorvig, to
table above motion until later this evening. Motion passed by unanimous vote
of five members of_the Council present.
_ It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to
take the above matter from the table. Motion passed by unanimous vote of five
members of the Council present.
4 9 2
July 21, 1958 -
Public Hearing on Improvements - CONTINUED
It was moved by Councilman Davis, seconded by Councilman Ehrenberg,
that the hearing be closed and that action on same be deferred one week.
Motion passed by unanimous vote of five members of the Council present.
" n
Public Hearing on Construction of Lateral Sanitary Sewers etc Impr. No. 58-70-5b
Public hearing was had,on construction of Lateral Sanitary Sewers and
Streetsurfacing, Improvement No. 58-70, as described in Notice of Hearing pub-
lished July 3 and 10, 1958, in the St. Louis Park Dispatch.
Mr. Weinberg and Ed Baker were in favor of South WillowLane, Forest
Road to Culdesac extension. Mr. Gifford, 2037 Jersey Avenue, is in favor of
Jersey Avenue extension from approximately 200 feet north of Franklin Avenue
to 22nd Street. Dr. Gordon and Mr. Ofelt in favor of Parklands Lane exten-
sion, from Parklands Road to Cul-de-sac.
Herbert Applequist, 2225 Gettysburg and Mr. Boeferding, 9228 W. 22nd
Lane, inquired as to the\method of assessing the Gettysburg and 22nd Lane
Extensions, due to the shape of their lots. They were told that a mean line
would be established and assessed on that basis. They both said they are
opposed to the extension as the assessment would be more than they could afford.
- Letters from the following in favor of construction of Sanitary Sewer in
Glenhurst Avenue 28th Street to France Avenue were called to the attention of
the Council: Mrs. I. L. Reiter, 2644 Glenhurst Avenue, George M. Tangen M.D.
2640 Glenhurst Avenue and Max Lubet, 2630 Glenhurst Avenue.
Walter Menzel, 2656 Glenhurst Avenue, presented a petition in opposition
to the construction of Sanitary Sewer in France Avenue from 160 feet north of 28th
Street to Cedar Lake Avenue and thence west on Cedar Lake Avenue to Glenhurst
Avenue; then on Glenhurst Avenue from 28th Street to France Avenue, thence north
on France Avenue to 25th Street. This petition was signed by Mr. U Mrs. Wm.
0. Lund Jr., 2700 France Avenue South and 12 others.
The following were present in favor of sewer: Mrs. B. Abrams, 2716
France Avenue, Mr. Levy, 2701 Glenhurst Avenue and Mrs. Roberts, , 2720 Glenhurst
Avenue. Mrs. Roberts also said that sewer was needed badly.
Mr. B. B. Whitman, 2730 Glenhurst Avenue expressed his concern over the
cost to him and was opposed.
Also present in opposition were: Mrs. Janes, 2668 GlenhurS: Avenue, Mrs.
Braughton, 2624 Glenhurst Avenue and Mrs. Wm. 0. Lund, 2700 France Avenue.
A motion was made by Councilman Davis, seconded by Councilman Bolmgren,
that the public hearing on construction of sanitary sewer - "France avenue from
160 feet north of 28th Street to Cedar Lake Avenue and thence west on Cedar Lake
Avenue to Glenhurst Avenue, Glenhurst Avenue from 27th to 28th Streets -
Glenhurst Avenue 28th Street to France Avenue and France Avenue from Glenhurst
Avenue to West 25th Street", be closed. Motion passed by unanimous vote of
five members of the Council present.
493
July 21, 1958
Public Hearing on Construction of Lateral S.S. etc.-CONTINUED
Harold Green and Bill Rudin, both owners of property on 132 Street,
said they were in favor of the construction of Sanitary Sewer in 132 Street
from Quebec Avenue to Pennsylvania Avenue.
Leo Wolf, 2000 Idaho Avenue,was concerned about the Franklin Avenue
extension between Jersey Avenue and Idaho Avenue. He asked if a street would
be built there and who pays. He was told that there are no present plans to
construct a street at this location.,
A motion was made by Councilman Davis, seconded by Councilman Ehrenberg,
$� that hearing on 5b be closed, and that action ordering work be deferred one
week, and that Resolution No. 625 Approving Plans, and Ordering Advertising
for Bids for Improvement No. 58-70, as amended, be adopted. Motion passed by
unanimous vote of five members of the Council present.
•
Public Hearing- on Special Assessments etc. - 5c
Public hearing was had on proposed special assessments for improvements
completed within the City, as described in Notice of Public Hearing published
June 26, 1958, in the St. Louis Park Dispatch. No persons appeared.
RESOLUTION NO. 626
A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren,
to waive the reading and adopted Resolution No. 626 Adopting Assessment. Motion
passed by unanimous vote of five members of the Council present.
Request for Approval of Building Permit at 4730 Excelsior Boulevard - 6a
- Request for approval of the issuance of a building permit for the alter-
ation and remodeling of present building at 4730 Excelsior Boulevard, by Bunny's
Tavern, was presented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren,
to approve the issuance of the building permit for the alteration and _ remodel-
ing of present building at 4730 Excelsior Boulevard, subject to compliance with
all applicable codes. Motion passed by unanimous vote of five members of the
Council present.
Request for- Approval of Building Pennit at 4920 Excelsior Boulevard - 6b
Request for approval of the issuance of a building permit for the con-
struction of a restaurant at 4920 Excelsior Boulevard, by Flameburger, Inc., was
presented to the Council.
A motion was made by Councilman Ehrenberg, , seconded by Councilman Davis,
to approve the issuance of the building'permit for the construction of a rest-
aurant at 4920 Excelsior Bouelvard, subject to compliance with all applicable
codes. Metion passed by unanimous vote of five members of the Council present.
494
July 21, 1958
Request for Approval of Preliminary and Final Plat of Eliot View Third
Addition - 6c
Request for approval of preliminary and final place of Eliot View
Third Addition, by Victor Formo, 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 Davis, seconded by Councilman Ehrenberg,
to place on file the above plat .and to refer to the Planning Commission and
City Engineer for examination and report. Motion passed by unanimous vote of
five members of the Council present.
A motion was made by Councilman Ehrenberg, secondedrby Councilman Jorvig,
to set date for public hearing, on above plat, before the Planning Commission '
on July 30, 1958 (special meeting). Motion passed by unanimous vote of five
members of the Council present.
Request for Approval of Final Plat of Eaton's Second Addition - 6d
Request for approval of final plat of Eaton's Second Addition, by Sam
Segal and advice from Secretary to Planning Commission that plat is 'in proper
form, was presented to the Council.
A motion was made by Councilman Ehrenberg, , seconded by Councilman Jorvig,
to place the above plat on file and to refer to the Planning Commission for
advice and recommendation. Motion passed by unanimous vote of five members of
the Council present.
- Request for Variance of Setback for Bldg. at Wooddale Ave. W. 37th St. - 6e
Request for variance of setback for proposed building at Wooddale Avenue
and West 37th Street, by George Carlson •(M & C No. 58-32), was presented to -
the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig,
that the above request for variance be referred to the Planning Commission for
advice and recommendation. Motion passed by unanimous vote of five members of
the Council present.
Request -for Approval of Building Permit at 2631 Louisiana Avenue - 6f
Request for approval of the issuance of a building permit for the con-
struction of an office building at 2631 Louisiana Avenue, by Holt Construction
Company, was presented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig,
- to approve the issuance of a building permit for the construction of an office
building at 2631 Louisiana Avenue, subject to compliance with all applicable
codes. Motion passed by unanimous vote of five members of the Council present.
495
n ` July 2] , 1958
Notification of Intent to Hold a Bingo Game - Fire Department Carnival - 6g
Notification of intent to hold a Bingo game at the 38th Annual Firemans '
Carnival on the 22, 23 and 24 of July 1958, on the vacant land just East of
the Fire Station, was received from the Fire Department Carnival Committee.
On motion of Councilman Davis, seconded by Councilman Bolmgren, the
above notification was received and ordered filed, by unanimous vote of five
members of the Council present.
Second Reading of Proposed Ord. Amend. Zoning Ord. (West 36th Street between
.e Lvnn Avenue and Natchez Avenue - 7a
The proposed ordinance Amending the Zoning Ordinance (West 36th STreet
between Lynn and Natchez Avenue)'was presented to the Council for second reading.
ORDINANCE NO. 630
A motion was made by Councilman Bolmgren, seconded by Councilman Jorvig,
to waive the second reading and adopt Ordinance No. 630 An Ordinance_Amending
the Zoning Ordinance of the City of St. Louis Park (West 36th El. Lyhn Avenue) .
Motion passed by unanimous vote of five members of the Council present.
Second Reading of Proposed Ord. Amend. Ord. No. 525 As Amended by Ord. 562 -7c
1The proposed ordinance Amending Ordinance 525 as Amended by Ordinance
No. 562 (eliminating the requirement that Council approve commercial and in- i
dustrial building permits), deferred from July 14, 1958), was presented to the
Council for second reading.
On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, action
on the above ordinance was deferred to August 25, 1958, by unanimous vote of
-five members of the Council present.
• Second Reading of Proposed Ord. Regulating the Exterior Materials, etc. of
All Buildings - 7b
The proposed ordinance Regulating the Exterior Materials, Design, Appear-
ance, Construction, Height and Size of All Buildings, was presented to the
Council for second reading. '
Mayor Lefler called attention to a letter, dated July 19, 1958, from
Has Matsumoto of S. C. Smily Fa Associates, Architects, in opposition to the
proposed ordinance and offering to meet with the Council and discuss this problem.
Also a telegram of July 21, 7958 from W. G. Kirkland of American Iron Steel
Institute asking the Council to defer action on Ordinance.
Win. B. Lee, Builder, 4829 West Lake Street, read his comments setting forth
his opposition to the ordinance.
495
July 21, 1958
Notification of Intent to Hold a Bingo Game - Fire Department Carnival - 6g
Notification of intent to hold a Bingo game at the 38th Annual Firemans '
Carnival on the 22, 23 and 24 of July 1958, on the vacant land just East of
the Fire Station, was received from the Fire Department Carnival Committee.
On motion of Councilman Davis, seconded by Councilman Bolmgren, the
above notification was received and ordered filed, by unanimous vote of five
- members of the Council present.
ttft
Second Reading of Proposed Ord. Amend. Zoning Ord. (West 36th Street between
Lynn Avenue and Natchez Avenue - 7a
The proposed ordinance Amending the Zoning Ordinance (West 36th STreet
between Lynn and Natchez Avenue)'was presented to the Council for second reading.
ORDINANCE NO. 630
A motion was made by Councilman Bolmgren, seconded by Councilman Jorvig,
to waive the second reading and adopt Ordinance No. 630 An Ordinance_Amending
- the Zoning Ordinance of the City of St. Louis Park (West 36th & Lynn Avenue) .
Motion passed by unanimous vote of five members of the Council present.
Second Reading of Proposed Ord. Amend. Ord. No. 525 As Amended by Ord. 562 -7c
The proposed ordinance Amending Ordinance 525 as Amended by Ordinance
No. 562 (eliminating the requirement that Council approve commercial and in- i
dustrial building permits), deferred from July 14, 1958), was presented to the
Council for second reading.
f On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, action
on the above ordinance was deferred to August 25, 1958, by unanimous vote of
-five members of the Council present.
Second Reading of Proposed Ord. Regulating the Exterior Materials, etc. of
All Buildings - 7b
The proposed ordinance Regulating the Exterior Materials, Design, Appear-
ance, Construction, Height and Size of All Buildings, was presented to the
Council for second reading.
Mayor Lefler called attention to a letter, dated July 19, 1958, from
Mas Matsumoto of S. C. Smily & Associates, Architects, in opposition to the -
proposed ordinance and offering to meet with the Council and discuss this problem.
Also a telegram of July 21, 1958 from W. G. Kirkland of American Iron & Steel
Institute asking the Council to defer action on Ordinance.
Wrn. B. Lee, Builder, 4829 West Lake Street, read his comments setting forth
his opposition to the ordinance.
6
July 21, 1958
Proposed Ord. Regulating Exterior Materials etc. of all Buildings-CONTINUED-7b
Also present were men representing the Building Trades and Architects,
including: Gordon Norman and R. J. Atkinson of Butler Mfg. Company; Donald
Erickson of Concrete Blocks; Don Frantz, Ed. Baker Architect - etc.
The general feeling of those present was that they would not object to
a Board of Review but their objection was the naming of certain materials in
the Ordinance. _
After Considerable discussion Councilman Davis moved and received a
second to his motion from Councilman Ehrenberg that the proposed Ordinance be .
amended as follows: Under Section 3 - Prohibited Construction - under A
after the word finish, place a coma and add - "special arrangement or combina-
tion with other material" under B after the word brick add - "without some
architectual finish, special arrangement or combination with other materials
of a permanent value with good architectual appeal'! - under C in line four
delete - "or special arrangement thereof" and add after the word finish,
"special arrangement or combination with other materials".
Mr. Fender of Minnesota Society of Architects spoke and John Magnee,,y'a
Registered Architect and member of Minneapolis Chapter of Society of Architects,
gaid he was in sympathy with the intent of the ordinance to make and keep St.
Louis Park buildings nice but felt that the City was headed for trouble if
this ordinance was adopted as is. Mr. Magnee also offered his help in any
way.
Councilman Davis then said, we have a motion to amend before us and
moved for previous question, seconded by Councilman Jorvig, and passed by a
vote of five yeas.
The vote was then taken on amendment motion and passed by five affirm-
ative votes.
A motion was made by Councilman Davis, seconded by Councilman Jorvig,
that the second reading on Ordinance as amended be tabled until August 25, 1958.
Motion passed by unanimous vote of five members of, the Council present.
A motion was made by Councilman Davis, ,seconded by Councilman Jorvig,
that the Council authorize the Mayor to appoint a committee to meet with in-
terested parties and to study with them the suggestion given as to this Ordinance
and present a report on August 25, 1958. Motion passed by unanimous vote of
five members of the Council present.
Mayor Lefler appointed to the committee: Councilman Davis, Mas Matoto,
H. H. Burry, Assistant City Attorney and John Palmer.
On motion of Councilman Jorvig, seconded by Councilman Bolmgren, the
appointment of Councilman Davis, Mas Matsumoto, H. H. Burry and John Palmer,
• were approved, by unanimous vote of five members of the Council present.
497
,July 21, 1958
Second Reading of Proposed Ordinance Vacating Portion of Zarthan Ave. - 7d
The proposed ordinance Vacating- a Portion of Zarthan Avenue, (tabled
November 4, 1957)(see item 9a for acceptance of deed for road), was presented
to the Council for second reading.
Clinton Carlson was present at the meeting.
A motion was made by Councilman Davis, seconded by Councilman Ehrenberg,
that the above item be taken from the table. Motion passed by unanimous vote
of five members of the Council present.
ORDINANCE NO. 631
A motion was made by Councilman Davis, seconded by Councilman Ehrenberg,
to waive the second reading and adopt Ordinance No. 631 Ordinance Vacating a
Portion of Zarthan Avenue. Motion passed by unanimous vote of five members of
the Council present.
Proj. No. 58-71
Resolution Proposing Improvement. Ordering Preparation of Reports/etc. - 7e
Resolution Proposing Improvement, Ordering Preparation of Reports on
Improvement, and Preparation of Plans and Specifications, Improvement Project
No. 58-71 (Storm Sewer, Tweedy's Addition), was presented to the Council.
RESOLUTION NO. 627
A motion was made by Councilman Davis, seconded by Councilman Ehrenberg,
111 to waive reading and adopt Resolution No. 627 Ordering Preparation of Plans and
Specifications Improvement No. 58-71. Motion passed by unanimous vote of five
members of the-Council present.
Acceptance of Deed for Add'l Right-of-way for Cedar Lake Road - 9a
Acceptance of deed for additional right-of-way for new alignment of
Cedar Lake Road, was presented to the Council.
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:
Cosom Industries, Inc., dated July 16, 1958, conveying to the
City of St. Louis Park all that part of the following described
tract: Commencing at the intersection of the East line of
Government Lot 7, Section 4, Township 117 North, Range 21 West
and the Southerly line of Cedar Lake Road; thence Westerly
along the Southerly line of said road 220 feet; thence South-
easterly to a point in the South line of Lot 7, distant 100
feet West of the Southeast corner thereof; thence East 100
feet to said Southeast corner; thence North 528.4 feet to
beginning,
which lies within a distance of 40 feet on each side of the follow-
ing described line:
49
July 21, 1958
11/
Acceptance of Deed - CONTINUED
Beginning at a point on the South line of said Section 4,
Township 117 North, Range 21 West, distant 2112.4 feet East
of the Southwest corner of said Section 4, thence in a
Northwesterly direction at an angle of 28 degrees, 56 minutes,
30 seconds, with said South line a distance of 39.9 feet;
thence deflecting to the left along a 4 degree curve (delta
angle 44 degrees 55 minutes and tangent distance 592.2 feet)
to the West line of above described property and there ter-
minating.
Recordable document by T. E. Ibberson Co. (3424 Wooddale Ave.) - 9b
Recordable document by T. E. Ibberson Company relative to Tract A,
Registered Land Survey No. 494 (3424 Wooddale Avenue), requested May 19,
_1958, was presented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman
Bolmgren, to approve and accept the above document and that the City Attorney
be directed to record same. Motion passed by unanimous vote of four members
of the Council present. (Councilman Jorvig was out of the room when vote was
taken.)
Proposed Agreement with Village of Mtka. Relative to SS No. 58-3 - 10a
Proposed agreement with the Village of Minnetonka relative to Sanitary
Lateral Sewer No. 58-3 (on Ford Road), to be discussed.
Agreement was not ready - City Attorney requested one week to complete
same.
On motion of Councilman Ehrenberg, seconded by Councilman Davis, action
on the above matter was deferred to July 28, 1958, by unanimous vote of five
members of the Council present.
Appointment of Alvera Johnson as Probationary Clerk I - 10b
The City Manager proposed the appointment of Alvera Johnson as probationary
Clerk I, effective July 22, 1958.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
Council gave its consent and approval to the City Manager's appointment of Alvera
Johnson as probationary-Clerk I, effective July22, 1958, by unanimous vote of
five members of the Council present.
- -
1 i��111111;i 1 iii ), '11-9 /
111
July 21, 1958
Relative to Municipal Court in St. Louis Park - lla
Mayor Lefler stated that there has been talk of the desirability of having
a Municipal Court in St. Louis Park.
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
Mayor was authorized to appoint a committee to study the feasibility and de-
sirability of having a Municipal Court in St. Louis Park, by unanimous vote
of five members of the Council present.
Verified Claims - 12a
On motion of Councilman Jorvig, seconded by Councilman Bolmgren, the
lists of verified claims prepared by the Director of Finance and presented to
the Council, dated ,July 22, 1958 in the total amounts of $5,355.42 for payroll,
and $51,029.18 for vendors were approved, and the City Manager, City Clerk,
and City Treasurer were authorized to issue checks covering same, by unanimous
vote of five members of the Council present.
Payments on Contract Work - 12b1-b2-b3
On motion of Councilman Davis, seconded by Councilman Ehrenberg, the
following payment on contract work, presented by the City Engineer was approved,
and the City Manager, City Clerk and City Treasurer were authorized to issue
check$ for theip respective amount, by unanimous vote of five members of the
Council present.
FINAL CERTIFICATE - Painting Steel Water Tank
Contractor - Schumann Bros.
Contract Price - $4,290.00
Contract Rate - March 17, 1958
Amount of this payment - $1,298.00
On motion of Councilman Bolmgren, seconded by Councilman Davis, 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.
FINAL CERTIFICATE - Watermain Construction
Imp. No. 57-46, 47, 49 & 50
Contractor - Phelps-Drake Co. Inc. •
Contract Price - $72,441.20
Contract Date - September 16; 1958
Amount of this payment - $33,218.27
On motion of Councilman Bolmgren, seconded by Councilman Jorvig, 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.
CERTIFICATE NO. 3 - Lateral Sanitary Sewer
Project No. 58-3 Section "B"
Contractor - Phelps-Drake Company Inc.
Contract Price - $986,041.50
Amount of this payment - $109,797.81
500
.
July 21, 1958 III
Payment of Banister Engineering Company Invoice - 12o
On motion of Councilman Davis, seconded by Councilman Jorvig, the
invoice.of banister tgineering Company, dated June 10, 1958, for Storm
Sewer Study was approved and payment of 90% of the amount, or $23,416.82
was authorized, and the City Manager, City Clerk and City Treasurer were
authorized to issue a check for that amount, by unanimous vote of five members
of the Council present.
Meeting Adjourned - 13
On motion of Councilman Davis, seconded by Councilman Bolmgren, the
meeting was adjourned at 12:16 a.m., by unanimous vote of all members of the
Council present
J ' f
A Ali _ J
H-4's:�` Lefl- . , M.yor'
Attest:
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,(osePh sta1 Secretary -