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HomeMy WebLinkAbout1958/08/25 - ADMIN - Minutes - City Council - Regular 8' 3. Council Meeting - August 25, 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 Father Alan Whitman of the St. Georges Episcopal Church. The following Councilmen were present at, roll call: H. J. Bolmgren H. C. Davis arrived at 8:05 Robert Ehrenberg 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 Jorvig, seconded by Councilman Messer, the minutes of meeting held August 18, 1958, were approved by unanimous vote of six members of the Council present. Public Hearing on Water Main Construction - 5a Public-hearing was had on the proposed water main construction, Improve- ment Projects No. 58-72 and 73, as described in Notice of Hearing published August 7 and 14, .1958 in the St. Louis Park Dispatch. No one appeared and hearing was declared closed by Mayor Lefler. RESOLUTION NO. 649 A motion was made by Councilman Wolfe, senonded by Councilman Jorvig, to waive reading and adopt Resolution No. 649 Ordering Improvements and Ordering Preparation of Plans, Improvement Nos.• 58-72 and 58-73. Motion passed by un- animous vote of six members of the Council present. (Councilman Davis absent when vote was taken.) Public Hearing on Water Main Construction - 5b Public hearing was had on the proposed water main construction, Improve- ment Project No. 58-66, as described in Notice of Hearing Published August 7 and 14, 1958 in the St. Louis Park Dispatch. Arnold Haglund 2724 Ottawa Avenue, was present and asked about the cost of water main. The City Manager explained that it would run about average. Hearing was declared closed by Mayor Lefler. RESOLUTION NO. 650 A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 650 Ordering Improvements and Ordering Preparation of Plans, Improvement No. 58-66. Motion passed by unanimous vote of seven members of the Council present. 39, August 25, 1958 Public Hearing on Vacation of Alley - 5c Public hearing was had on proposed vacation of east and west alley lying between Zarthan Avenue and Yosemite Avenue and Lake Street to 33rd Street, west of the north-south alley abutting upon Lots 1, 2 and 251 Norwaldo Addition, as - described in Notice of Hearing published August 7, 1958 in the St. Louis Park Dispatch, (Case No. 58-76 V) requested by Roger Krause and others. Speaking in support of request for vacation of alley were: Roger Krause, 3251 Zarthan Avenue LCD I. V. Swanson, 3255 Zarthan Avenue W. L. Schmidt, 3245 Zarthan Avenue O Speaking in opposition of vacating alley were: Frank Keller, 3230 Yosemite Avenue, who presented a petition signed by Ernest J. Lewis, 3240 Yosemite Avenue and others requested that alley be not vacated. He also read a letter dated August 20, 1958, from Louis N. Letts in opposition. Mr. H. C. Anderson, 5823 West Lake Street, who read a note from Dora W. Miller, 3220 Yosemite asking that her name be withdrawn from statement in favor of the vacation of alley. Mrs. H. C. Anderson, 5823 West Lake Street. Mrs. E. J. Lewis, 3340 Yosemite Avenue, The hearing was then declared closed by Mayor Lefler. The City Attorney was requested to study petitions to determine that it had the majority of signers as required by the City Charter - after considerable discussion by the Council members the following motion was made. • A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive first reading of ordinance vacating the above alley and to set date for second reading on September 8, 1958. Motion carried by the following roll call vote, Councilman Bolmgren, nay; Councilman Davis, yes; Councilman Ehrenberg, yea; Councilman Jorvig, abstained from voting; Councilman Messer, nay; Councilman 4 Wolfe, yea; Game man Mayor Lefler, yea. (Mayor Lefler explained that the Charter required five affirmative votes to adopt ordinance' vacating a street.) Claim for Damages - Leo Barisof - 64 Claim for damages, received August 15, 1958, allegedly resulting from neg- ligent driving of police car, by Leo Barisof, 2845 Sumter Avenue (copy to L. Dept. August 13, 1958), was presented to the Council. On motion of Councilman Davis, seconded by Councilman Bolmgren, the above claim for damages allegedly resulting from negligent driving of police car, was referred to the Law Department for advice and recommendation, by unanimous vote of seven members of the Council present. 40 August 25, 1958 Claim for Damages - Gerald G. Haugen - 6b Claim for damages allegedly resulting from fall at Oak Hill Park, dated August 11, 1958, by Gerald G. Haugen, 3364 Rhode Island Avenue (Copy to Law Department August 15, 1958), was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above claim for damages was referred to the Law Department for advice and re- commendation, by a vote of six yeas. (Councilman Jorvig was out of the room when vote was taken.) Request to Operate Mobile Election Registration Favilities - 6c Request for permission to operate a mobile election registration facilities prior to General Election, dated August 19, 1958, by Central. Suburban DFL Ward Club, was presented to the Council. Mrs. Howard George was present, and discussed this request with the Council. On motion of Councilman Jorvig, seconded by Councilman Davis - The Law Department was directed to prepare & Resolution granting per- mission to operate mobile election registration,facilities prior to General Election, as requested in letter dated August 19, 1958, from the Hennepin County D.F.L., the resolution to be patterned after the Minneapolis resolution to be on agenda for September 8, 1958. Motion passed by unanimous vote of seven members of the Council present. Claim for damages - 6d Claim for damages allegedly resulting from falling fireworks debris - by Dawn Marie Traver, 3504 Wyoming Avenue (copy to Law Department August 18, 1958), was presented to the Council. On motion of Councilman Davis, seconded by Councilman Ehrenberg, the above claim for damages was referred to the Law Department for advice and re- commendation, by unanimous vote of seven members of the Council present. Request for Approval of Preliminary Plat of Ecklund and Swedlund Addition - 6e Request for approval of preliminary plat of Ecklund and Swedlund Addition, and memo from the Secretary of the Planning Commission concerning the plat, was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Jorvig, that the above preliminary plat of Ecklund and Swedlund Addition be referred back to Ecklund and Swedlund with comments from Planning Commission that the plat is not in order. Motion passed by unanimous vote of seven members of the Council present. Resolution Ordering Improvement No. 58-71 Storm Sewer - 7a Resolution Ordering Improvement (Storm Sewer No. 58-71 - Tweedy's Addition), deferred from August 11, 1958, was presented to the Council. RESOLUTION NO. 651 A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 651 Ordering Improvement No. 58-71. Motion passed by unanimous vote of seven members of the Council present. August 25, 1958 Resolution Ordering Improvement No. 58-64 Stone Sewer - 7b Resolution ordering Improvement (Stone Sewer No. 58-64 - 16th and Ford Road), deferred from August 11, 1958, was presented to the Council. 1RESOLUTION NO. 652 A motion was made by Councilman Jorvig, ,seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 652 Ordering Improvement No. 58-64. Motion passed by unanimous vote of seven members of the Council present. Resolution Ordering Improvement No. 58-68 and 58-61 - 7c Resolution Ordering Improvements (Curb and Gutter, No. 58-58, and Stab- ® ilized Base and Bituminous Surfacing No. 58-61), deferred from August 11, 1958, d was presented to the Council. et RESOLUTION NO. 653 Gtr A motion was made by Councilman Jorvig, seconded by Councilman Wolfe, to waive the reading and adopt Resolution No. 653 Ordering Improvements No. 58-61 and 58-68. Motion passed by six yeas and one nay. (Councilman Bolmgren voting nay.) Resolution Declaring Cost to be Assessed Etc. (Water Main) - 7d Resolution Declaring cost to be Assessed and-Ordering Preparation of Proposed Assessment (Water Main), was presented to the Council. _RESOLUTION NO. 654 ' Ill A motion was made by Councilman ,Jorvig, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 654 Declaring Cost to be Assessed and Ord- ering Preparation of Proposed Assessment (water main) . Motion passed by unanimous- vote of seven members of the Council present. Resolution Adopting Assessments - 7e Resolution Adopting Assessments (action deferred from August 18, 1958), was presented to the Council. RESOLUTION NO. 655 A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to waive reading and adopt Resolution No. 655 Adopting Assessment. Motion passed by unanimous vote of seven members of the Council present. Recommended Assessment Periods Etc. - 7e2 Recommended Assessment Periods for Various Public Improvements, prepared by the City Manager, was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, that the above recommendation be referred to the Law Department with instructions to prepare a Resolution adopting the recommendation of assessment periods for various public improvements, resolution to be considered at Council meeting of September 8, 1958. Motion passed by unanimous vote of seven members of the Council present. 42 August 25, 1958 Second Reading of Proposed Ordinance Vacating Alley - 7f Proposed Ordinance Vacating Alley (Case No. 58-64 -VAC.) between Cambridge and West 39th Street from Brunswick to railroad tracks), was presented to the Council for second reading. Mr. Phil Starkey was present, also Mr. Davenport, representing the M.N. &' S. R.R. Both were in support of proposed ordinance to vacate alley. ORDINANCE NO. 639 A motion was made by Councilman Wolfe, seconded by Councilman Bolmgren, to waive second reading and adopt Ordinance No. 639 Vacating Alley. Motion passed by unanimous vote of seven members of the Council present. Second Reading Of Proposed Ordinance Vacating Yosemite Avenue - 7R Proposed Ordinance Vacating Yosemite Avenue (as amended adjacent to Block 1, Collins Second Addition, from West 37th Street north to alley), was presented to the Council for second reading. ORDINANCE NO. 640 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive second reading and adopt Ordinance No. 640 Vacating Street. Motion passed by the following roll call vote, Councilman Bolmgren, yea; Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, abstained from voting; Mayor Lefler, yea. Second Reading of Proposed Ordinance Regulating the Exterior Materials Etc. of all Buildings - 7h Proposed ordinance Regulating the Exterior Materials, Design, Appearance, Construction, Height-and Size of all Buildings (as amended), deferred from July 21, 1958, was presented to the Council for second reading. Letter received from Architectural Committee, dated August 21, 1958, and signed by S. D. Leach, acting for John R. Magney, chairman, was discussed. Mr. Leach and approximately 15 others, representing various sections of• the building trades, were present. On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the second reading of the above ordinance was deferred to September 22, 1958, by unanimous vote of seven members of the Council present. Second Reading of Proposed Ordinance Amending Ordinance 525 as Amended by Ordinance 562 (Building Permits) - 7i Proposed Ordinance Amending Ordinance 525,as Amended by Ordinance 562 (eliminating the requirement that Council approve commercial and industrial building permits), deferred from July 21, 1958, was presented to the Council for second reading. On motion of Councilman Ehrenberg, seconded by Councilman Bolmgren, the second reading of the above ordinance was deferred to September 22, 1958, by unanimous vote of seven members of the Council present. ,, 4 :3 August 25, 1958 Proposed 1959 Recreation Department Budget - 8a Proposed 1959 Recreation Department Budget was presented to the Council. On motion of Councilman Davis, seconded by Councilman Jorvig, action on the proposed 1959 Recreation Department Budget was deferred until September 8, 1958, by unanimous vote of seven members of the Council present. Report of Director of Public Works Relative to Building on Kilmer Avenue - 8b Report of the Director of Public Works relative to feasibility of building houses on Kilmer Avenue south of 16th Street (requested August 18, 1958), was ' CO presented to the Council. Hearing no objections the report was ordered filed by Mayor Lefler. Gam. Minutes of Parks ff Recreation Advisory Commission - 8c Minutes of Parks and Recreation Advisory Commission meetings of August 11 and August 18, 1958, relative to the Planning Consultant's Report on Parks, was presented to the Council. Hearing no objections the minutew,were ordered filed by Mayor Lefler. Special Meeting of Parks and Recreation Commission 6. Planning Commission - 8c2 Special meeting with the Parks and Recreation Advisory Commission and Planning Commission was set for Tuesday, September 2, 1958 at 7 p.m., called by Mayor Lefler and to be held at Ethel Baston School, Visual Aid Room. Financial Report of the City _lulu 1958 - 8d Financial report of the City for July 1958 was presented by the City Manager. Hearing no objections the financial report was ordered filed by Mayor Lefler. Report of Planning Commission Relative to Communication from Asbury Hosp. Board -9a Report of the Planning Commission relative to communication from Asbury Hospital Board concerning proposed Hurst Street extension from Oxford to Excelsior Boulevard (deferred from August 11, 1958), was presented to the Council. of Present at the`meeting/those interested in both Oxford Street and extension of Hurst Street to Excelsior Boulevard were: Mr. Spry and Mr. Retherford of Asbury Hospital Mrs. Goe Gingrass, 6331 Oxford Street Marie Hartmann, 3700 Colorado Avenue John Felber, 5916 Oxford Street Mr. Retherford of Asbury Hospital said that they wantedito work with the City to the best interests of the Hospital and City. 4 4, Report of Planning Commission Relative to Asbury Hospital CONTINUED A revised plan was shown with a stub street going north from Excelsior Boulevard west of IBM Building to proposed Park Area, adjacent to Meadowbrook Manor and another stub from Oxford Street extended south to provide access to the' industrial area, north of the proposed park. A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, that the recommendation of the Planning Commission be followed and that Hurst Street, extension from Oxford Street to Excelsior Boulevard be eliminated from the Major Thorofare Plan. Motion passed by a vote of six yeas and one nay. (Councilman Davis voting nay.) Award of Contract Storm Sewer Impr. No. 58-71 Fs 58-64 - 9b Award of Contract for storm sewer, Improvement Nos. 58-71 (Tweedyts Addition) and 58-64 (West 16th Street and Ford Road), deferred from August 18, 1958, was requested. RESOLUTION NO. 659 A motion was made by Councilman Wolfe, seconded by Councilman Davis, to waive reading and adopt resolution No. 659 entitled "Resolution Accepting Bid for Storm Sewer!', accepting the bid of Herbst Construction Company as lowest responsible bidder and authorizing the Mayor and the City Manager to execute the contract in behalf of the City. Motion passed by unanimous vote of seven members of the Council ,present. Award of Contract for Oil Stabilized Base & Grading Impr. Nos. 58-55, 56, 57, 62 and 65 - 9c Award of contract for Oil Stabilized Base and Grading only, Improvement Nos. 58-55, 56, 57, 62 and 65, was requested. RESOLUTION NO. 660 A motion was made by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 660 entitled "Resolution Accepting Bid for Street Improvements", accepting the bid of Fischer Construction Company as the lowest responsible bidder and authorizing the Mayor and the City Manager to execute the contract in behalf of the City. Motion passed by unanimous vote of seven members of the Council present. Award of Contract for Curb and Gutter, Improv. No. '58-68 Etc. - 9d Award of contract for curb and gutter, Improvement No. 58-68, and Stab- ilized base and bituminous surfacing, Improvement No. 58-61, was requested. , RESOLUTION NO. 656 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 656 entitled "Resolution Accepting Bid for Street Improvements", accepting the bid of Fischer Construction Company as the lowest responsible bidder and authorizing the Mayor and City Manager to execute the contract in behalf of the City, (Improvement No. 58-61) . Motion passed by a vote of six yeas. (Councilman Davis out of the room when vote was taken.) 15 August 25, 1958 Award of Contract for Curb and Gutter. Impr. No. 58-68 & Surfacing 58-61 -CONT. RESOLUTION NO. 657 A motion was made by Councilman Ehrenberg, seconded by Councilman Messer, to waive reading and adopt Resolution No. 657 entitled n Resolution Accepting Bid for Street Improvements", accepting the bid of Donald R. Frantz Concrete Construc- tion Company as the lowest responsible bidder and authorizing the Mayor and City Manager to execute the contract in behalf of the City. (Improvement No. 58-68) . Motion passed by a vote of six yeas and one nay. (Councilman Bolmgren voting 11.1'D nay.) • C Application of Uniform Practices in Construction of Streets - 9e Application of Uniform Practices in Construction of Streets, adopted by the Council March 18, 1957, to paving ordered in connection with installs ion of lateral sanitary sewers to connect to Northside Sanitary Trunk Sewer (deferred from July 28, 1958), was presented. Considerable discussion on this matter followed. ,The City Manager ex- plained that there would be required considerable engineering work on these projects. - A motion was made by Councilman Davis, seconded by Councilman Wolfe, to direct the City Manager to prepare for street surfacing following installa- tion of sanitary lateral sewer in accordance with the provisions of Resolution No. 381. Motion passed by unanimous vote of seven members of the Council present. Application of Uniform Practices in Construction and Improvement of Streets - 9f Application of Uniform Practices in Construction and Improvement of Streets to streets where the Northside Sanitary Trunk Sewer was installed (deferred from August 4, 1958), was presented. 'A motion was made by Councilman Wolfe, seconded by Councilman Davis, to' ' ' direct the City Manager to prepare for street surfacing following installation of trunk sanitary sewer in accordance with the provisions of Resolution No. 381. Motion passed by unanimous vote of seven members of the Council present. Relative to Use of Municipal State Aid Construction Funds Etc. - 9g Use of Municipal State Aid Construction Funds to acquire `right-of-way for proposed new state aid streets (requested by Councilman Bolmgren), was discussed. A motion was made by Councilman Bolmgren, seconded by Councilman Wolfe, that the above request be referred to the Law Department to get opinion whether we can use of Municipal State Aid Construction Funds for purchase of right-of-way. Motion passed by unanimous vote of seven members of the Council present. August 25, 1958 . Park & Plavground ,at West 16th & County Road 18 - 9h Park and playground at West 16th and County Road 18 (deferred from August 18, 1958), was discussed. Ennis Robertson, 1421 Lancaster Avenue was present in support of the park and playground. Irving Hansen, 1615 Melroee Avenue, presented additional petition calling for the beautifying of pond etc. A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, that the petitions be referred to Planning Commission and Park and Recreation Commission for consideration by them prior to meeting with Council. Motion passed by unanimous vote of seven members of the Council present. Report of P.C. (Case No. 58-73-SP) Request for Signs8200 Minnetonka Blvd. - 9i Report of the Planning Commission (Case No. 58-73-SP) recommending favorably (for one sign only on the south side) upon the request of Texa Tonka Lanes for special permit under authority of Section 10.3-20 of the Zoning Ordinance to erect two signs 32' x 36 inches at 8200 Minnetonka Boulevard (deferred from August 18, 1958), was presented to the Council. • RESOLUTION NO. 658 A motion was made by Councilman Bolmgren, seconded by Councilman Wolfe, to waive reading and adopt resolution No. 658 entitled "Fesolution Granting Permit Under Section 10.3 of the Zoning Ordinanee of the City of St. Louis Park (signsat 8200 Minnetonka Boulevard) . Motion passed by following roll call vote, Councilman Bolmgren, yea; Councilman Davis, nay; Councilman Ehrenberg, nay; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, yea; Mayor Lefler, yea. 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 August 25, 1958 in the total amount of $8,093.65 for vendors was approved, and the City Manager, City Clerk, and City Treasurer were auth- orized to issue checks covering same, by unanimous vote of seven members of the Council present. Payment on Contract Work - 12b1 On 'motion of Councilman Wolfe, seconded by Councilman Messer, the follow- ing payment4 on contract work, presented by the City Engineer was-approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue-checks for the respective amount, by unanimous .vote of seven members of the Council present. Partial Payment Certificate No. 1 Sidewalk Construction -Nos 57-65 & 70, 58-17,28 & 29 Contractor - Victor Carlson & Sons, Inc. Contract Date - June 30, 1958 Contract Price - 3-1/2" Walk .44 SF, Th. 2-1/2" .16SF Walk Removal .10 SF X ay. 1.00 CY Amount of this payment - $7,387.84 4,g • August 25, 1958 Payment on Contract Work - 12b2 On motion of Councilman Bo]mgren, seconded by Councilman Messer, the following payment on contract work, presented by the City Engineer was approved, and the City Manager, CityClerk, and City Treasurer were authorized to issue checks for the respective amount, by unanimous vote of seven members of the Council present. Certificate No. 4 " Lateral Sanitary Sewer Project No. 58-3 -Section tBn 11.0 Contractor - Phelps Drake Company Inc. Contract Date - April 7, 1958 CD Contract Price - $986,041.50 Amount of this Payment - $142,498.68 Meeting Adjourned - 13 On motion of Councilman Davis, seconded by Councilman Messer, the meeting was adjourned at 12:27 a.m., by unanimous vote of seven members of the Council present. ` AL He,be t P. Lefler, Mays! Attest: sep Jus `d, Secretary • i�