HomeMy WebLinkAbout1958/09/29 - ADMIN - Minutes - City Council - Regular 7 .
Council Meeting - September 29; 1958
A regular meeting of the City Council was called to order by Mayor
Herbert P. Lefler at 8p.m.
Invocation was given by Rev. Quentin Alfors of the Evangelical Free
Church.
The following Councilmen were present at roll call:
H. C. Davis
Robert Ehrenberg
Torval Jorvig
D. C. Messer
Kenneth Wolfe
Herbert P. Lefler
Also present were, th'e City Manager, City Attorney, and the Secretary.
Minutes - 4
On motion of Councilman Messer, seconded by Councilman Jorvig, the
minutes of meeting held September 22, 1958 and September 16, 1958, were approved
by unanimous vote of six members of the Council present.
Public Hearing on Rezoning - Wm. B. Cusack - 5a
Public hearing was had on proposed rezoning of Block 3, Creek Terrace
Addition, except a strip 1001 in width along the SW property line from Residen-
tial Use District to Light Industrial Use District and to rezone the remainder
of the.'parcel from Residential Use District to limited Commercial Use District
and all of said property from A Density District to D Density District, all of
said area lying within the SW-J-4 of NW4 of Sec. 20 Township 117, Range 21,
requested by William B. Cusack (Case No. 58-80-Z) . (Published Sept. 18, 1958)
No one appeared in opposition. Robert Boblett and M. S. Else appeared
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in favor of the above request.
A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig
to waive first reading of the ordinance amending the zoning ordinance for the
above property and to set date for second reading on October 6, 1958. Motion
passed by unanimous vote of six members of the Council present.
Public Hearing on Rezoning - Allan W. Garrison - 5b
Public hearing was had on proposed rezoning of"all that part of the NW4
of NEI of Section 20, Township 117, Range 21 which is now in the Residential
Use District and that part of said NW/ of NET of Section 20 lying south of the
Chicago31Mi1w dSt:Paula&Pacific_, , spur right-of-way which is not now included
in the Residential Use District tract above described, and excepting from all
of the above described lands a strip of land 50 feet in width lying east and
north of the Minnehaha Creek"from Residential Use District and Heavy Industrial •
Use District to Light Industrial Use District , requested by Allan W. Garrison
(Case No. 58-75-Z) . (Published September 18, 195 8)
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September 29, 1958
III Public Hearing on Rezoning -Allan Garrison - CONTINUED
No on appeared in opposition. Allan Garrison, Robert Boblett and M. S.
.Else appeared in favor of the request for rezoning.
A motion was made by Councilman Wolfe, seconded by Councilman Messer,
to waive first reading of the ordinance amending the zoning ordinance for the
above described property and to set date for second reading on October 6, 1958.
Motion passed by unanimous vote -of six members of the Council 'present.
CO Public Hearing on Proposed Special Assessments for NS Sanitary Tr. Sewer - 5c
® Public hearing was had on the proposed special assessments for northside
el Sanitary Trunk Sewer, Improvement Nos. 56-52 and 56-3, as described in the Notice
el of Hearing published September 11, 1958 in the St. Louis Park Dispatch.
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Letters of protest, to the assessments, from the following were presented:
1. Great Northern Railway Company, dated September 26, 1958
2. Robert I. Lang, attorney for the Murri-Mac Company, dated
September 29, 1958.
3. Lithium Corporation of America Inc. , dated September 29, 1958
4. Minneapolis Golf Club, by Earl R. Larson
5. Victor S. Formo, dated September 29, 1958.
III Present at the hearing in opposition to the Northside Sanitary Sewer
Assessment as follows:
R. I. Lang, Attorney, Mr. Murray and Mr. Pitts, representing Murri-Mac Co.
T. W. Cornish and Ruth Cornish owners of Parcels 4500 and 5000 - on Wayzata
Boulevard west of County Highway No. 18.
J. R. Walker, Attorney, A. R. Kelley, John Seversen and Howard Berg, repre-
senting Great Northern Railroad Company. Mr. Walker presented 12 pictures of their
right-of-way property through the City of St. Louis Park .
Archibald Spencer, Secretary and Counsel for Lithium Corporation of America
Inc.
Earl R. Larson franMinneapolis Golf Club.
Russell Lindquist Attorney for Wallace E. Freeman owner of,property on NW
corner of County Highway No. 18 and State Highway No. 100,4
Victor Formo, owner of property north' of Great Northern RR tracks and west
of Edgewood Avenue.
Mr. McPherson and Mr. Davenport, representing Minneapolis, Northfield and
Southern Railroad.
Jeanne George, 2112 Parklands Road, asked questions regarding; basis. for
assessment. She was told - unit basis for Trunk Sewer and front footage basis
for Lateral Sewer.
Councilman Davis advised the Council that the assessment should be,ready
to go to -the County Auditor by October 7, 1958.
A motion •was made by Councilman Davis, seconded by Councilman Ehrenberg,
that the meeting and hearing on the proposed special assessments for the Northside
Sanitary Trunk Sewer, Improvement Nos. 56-52 and 56-3 as described in Notice of
Hearing published September 11, 1958 in the St. Louis Park Dispatch be adjourned
until 3:30 p.m. October 1, 1958 in the Council Chambers, 'City Hall, and the
minutes and objections be referred to the Law Department for study and report.
Motion passed by unanimous vote of six members of the Council present.
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September 29, 1958
Request for Building Permit at 6801 W. Lake Street - S & H Construction Co. - 6a
Request for approval of the issuance of a building permit for the con-
struction of an office building (apartment above) at 6801 West Lake Street,
by S. &a H. Construction Company, was presented to the Council.
Mr. Harry Millberg, Mr. A. Hill and Mr. Freidlund were present in favor
of the above request.
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
to approve the issuance of the permit for the construction of an office building
at 6801 .West Lake Street subject to compliance with all applicable codes. Motion
passed by=unanimous vote of six members of the Council present.
Request for Building Permit at 3924 Excelsior Boulevard - R. J. Husby - 6b
Request for approval of the issuance of a building permit for the con-
struction of an addition to the present restaurant at 3924 Excelsior Boulevard
(Minikanda Motel), by R. J . Husby & Sons, was presented to the Council.
Carl Bierenberg, representing R. J. Husby & Sons, was present in support
of the request.
A motion was made by Councilman Wolfe,, seconded by Councilman Davis,
to approve the issuance of the permit for the construction of an addition to
,.the present restaurant at 3924 Excelsior Boulevard subject to compliance with
all applicable codes. Motion passed by unanimous vote of six members of the
Council present.
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Request to Hold Public Dance at Pastime Arena - Larry Tobin - 6c
Request for permit to hold a public dance at the Pastime Arena, by Larry
Tobin, was presented to the Council. (October 3, 1958 from 10 p.m. to 11:15 p.m.)
Larry Tobin present in support of the request.
A motion was made by Councilman Jorvig, seconded by Councilman Ehrenberg,
to deny the request fo hold a public dance at the Pastime Arena. Motion lost
by the following roll call vote: Councilman,Davis, nay; Councilman ,Ehrenberg,
yea; Councilman Jorvig, yea; Councilman Messer, nay; Councilman Wolfe; nay;
Mayor Lefler, 'nay.
-A motion was made by Councilman Wolfe, secodded by Councilman Davis, to
grant the permit to hold a public dance at the Pastime Arena. Motion passed by-
the following roll call vote: Councilman, Davis, yea; Councilman ,Ehrenberg, nay;
Councilman Jorvig, nay; Councilman Messer, yea; Councilman Wolfe, yea; Mayor
Lefler, yea.
September 29, 1958
Communication-Concerning Crossover at Wooddale Ave. E9. Highway No., 100 - 6d-
Communication, dated September 19, 1958, from State Department of"
Highways concerning closing of Wooddale Avenue and Highway No. 100 crossover,
was presented to the Council.
Mr. Theros of Lilac Lanes was present at the meeting.
A motion was made by Councilman Messer, seconded byCouncilman Jorvig, to
direct the law department to prepare and send a letter to the State Highway
Department in answer to its letter to the City Manager, dated September 19,
CD 1958, stating that the City denies the right of the Commissioner, under Sections
Ca 160.702(2) and 161.03(3) Minnesota Statutes, to make the improvement proposed
El at Wooddale Avenue and State Highway No. 100, and advising that the City Council
is willing to consider alternatives. Motion passed by unanimous vote of six
Cr.-1 members of the Council present.
Request for Permit to Discharge Firearms-H. W. Greffin - 6e
Request for permit to discharge firearms on own property, by H. W. Greffin,
was presented to the Council.
On motion of Councilman Davis, seconded by Councilman Jorvig, the request
for permit to discharge firearms on own property was denied, by unanimous vote of
six members of the Council present.
Proposed Amendment, to City Charter - 6f
Proposed amendment to Sections '4:03 and 4:06 of the City Charter, delivered
bysthe Charter Commission to the Mayor, was presented to the Council.
Jeanne George was present and expressed interest in this matter.
See action taken under 7f. '
Communication on New Hennepin County Park Reserve System - 6g
Communication, dated September 23, 1958, from the Hennepin County Park
Commission relative to public hearing .on the new Hennepin County Park Reserve
System, was presented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
that Councilman on Park Commission, Councilman Messer, be requested to attend the
meeting and that Mr. Middleton also be informed of the meeting. Motion passed
by five yeas and one nay. (Councilman Messer voted nay.)
Communication Concerning Fire Prevention Week - 6h
Communication, dated September 23, 1958, concerning Fire Prevention Week,
from C. M. Williams, Fire Chief, was presented to the Council.
On hearing no objections the above communication was ordered filed by the
Mayor.
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September 29, 1958
Resolution Levying Assessment for Delinquent Service Charges etc`- 7aIII
Resolution Levying Assessment for Delinquent Service Charges, Sewer,
Water, and Disposal of Commercial Garbage and Refuse, was presented to the`
Council.
RESOLUTION NO. 674
A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig,
to waive reading and adopt Resolution No. 674 'entitled, "Resolution Levying
Assessment for Delinquent Service Charges, Sewer, Water, and Disposal of Commer-
cial Garbage and Refuse. Motion passed by unanimous vote of six members of the
Council present.
Resolution Canceling 1958 Tax Levy for October 1, 1948 Series Bonds - 7b
Resolution Canceling 1958 Tax Levy for October 1, 1948 Series Bonds,
Maturity in Year 1959, was presented to the Council.
RESOLUTION NO. 675
A motion was made by Councilman Davis, seconded by Councilman Jorvig,
to waive reading and adopt Resolution No. 675 entitled, "Resolution Canceling
1958 Tax Levy for October 1, 1948 Series Bonds, Maturity in Year 1959. Motion
passed by unanimous vote of six members of the Council present.
Resolution Canceling 1958 Tax Levy for January 1, 1953 Series Water Bonds - 7c
Resolution Canceling 1958 Tax Levy for January 1, 1953 Series Water
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Tank Bonds, Maturity in Year 1959, was presented to the Council.
RESOLUTION NO. 676
A motion was made by Councilman Wolfe, seconded by Councilman .Jorvig,
to waive reading and adopt Resolution No. 676 entitled, "Resolution Canceling
1958 Tax Levy for January 1, 1953 Series Water Tank Bonds, Maturity in Year
1959. Motion passed by unanimous vote of six members of the Council present.
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Resolution Reducing 1958 Tax LeVv for Improvement Bonds etc. - 7d
Resolution Reducing 1958 Tax Levy for Improvement Bonds Dated Spetember
1, 1957, _Maturity in Year 1959, was presented to the Council.
RESOLUTION NO. 677 .
A motion was made by Councilman Jorvig, seconded by Councilman Messer,
to waive reading and adopt Resolution No. 677 entitled, "Resolution Reducing
1958 Tax Levy for Improvement .Bonds Dated September 1, 1957, Maturity in Year
1959. Motion passed by unanimous vote of six members of the Council 'present.
Resolution Approving 1958 Tax Levy, Collectible in 1959 - 7e
Resolution Approving 1958 Tax Levy, Collectible in 1959, was presented
to the Council.
t RESOLUTION .NO. 678
A motion was made by Councilman °Davis, seconded by Councilman JorYig,
to waive reading and 'adopt Resolution No. 678 entitled "Resolution Approving
1958 Tax Levy, Collectible in 1959. Motion passed by unanimous vote of six
members of the Council present.
Resolut1on Callin Special Ele tion etc 7f
Re lution ling Specia Election for Submis ion of Pr osed Amen encs
to ty Cha er, was esanted to he Counc
RESOLUTID N0. 679
motion wa made b Councilman renberg seconde by Counci an Messer,
to waive ea,ding an dopt Re olution No. 679, enti led ,"Res ution Cal ing Speci
Election r
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September 29, 1958
Resolution Calling Special Election etc. - 7f
Resolution Calling Special Election for Submission of Proposed Amend-
ments to City Charter, was presented to the Council.
RESOLUTION NO. 679
A motion was made by Councilman Ehrenberg, seconded by Councilman Messer,
to waive reading and adopt Resolution No. 679 entitled "Resolution Calling Special
Election for Submission of Proposed Amendments to City Charter. Motion passed
by unanimous vote of six members of the Council present.
® First Reading of Proposed Ord. Repealing Ord. of the City etc. - 7g
The proposed ordinance Repealing Ordinances of the City Superseded by
the St. Louis Park Ordinance Code, was presented to the Council for first reading.
A motion was made by Councilman Wolfe, seoonded by Councilman Jorvig, to
waive the first reading and to set date for second reading of the above proposed
ordinance on October 6, 1958. Motion passed by unanimous vote of six members of
the Council present.
Second Reading of 'Proposed Ord. Adopting the Budget - 7h
The-proposed'ordinance Adopting the Budget for- the Fiscal Year 1959 and
Amending the 1958 Budget as Adopted by Ordinance 589 and Amended by Ordinances
603 and 628, was presented to the Council for second reading.
ORDINANCE 642
A motion was made by Councilman Messer, seconded by Councilman Wolfe,
to waive second 'reading and adopt Ordinance No. 642, entitled "An Ordinance
Adopting the Budget for the Fiscal Year 1959 and Amending the 1958 Budget as
Adopted by Ordinance 589 and Amended by Ordinances 603 and 628'! Motion passed
by unanimous vote of six members of the Council present.
Second Reading of Proposed Ord. Regulating the Exterior Materials, etc. - 7i
The' proposed ordinance Regulating the Exterior Materials, Design, App-
earance, Construction, Height and Size of all Buildings (deferred from September
22, 1958), was presented to the Council for second reading.
ORDINANCE NO. 643
A motion was made by Councilman ,Davis, seconded by Councilman Wolfe,
to waive second reading and adopt Ordinance No. 643, entitled "An Ordinance Re-
gulating the Exterior Materials, Design, Appearance, Construction, ,Height and Size
of all Buildings". Motion passed by five yeas and one nay. (Mayor'Lefler
voted nay.)
Second Reading of Proposed Ord. Amending Ord. 525 etc. - 7.1
The proposed ordinance Amending Ordinance No. 525 as Amended by Ordinance
No. 562 (eliminating the requirement that Council approve commercial and indus-
trial building permits), deferred from September 22, 1958, was presented to the
Council for second reading.
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September 29, 1958
Second Reading of Proposed Ord. Amending Ord. No. 525 - CONTINUED
ORDINANCE NO. 644
A motion was made by Councilman Ehrenberg, seconded by Councilman Davis,
to waive second reading and adopt Ordinance No. 644 entitled t An Ordinance
Amending Ordinance No. 5252as Amended by Ordinance No. 562" with Section 2
reading "This ordinance shall take effect 45 days after its publication".
Motion passed by unanimous vote of six members of the Council present.
Minutes of the Parks and Recreation Advisory Commission - 8a
Minutes of the Parks and Recreation Advisory Commission meetings of
September 16, 1958 and September 23, 1958, were presented to the Council.
On hearing no -objections the Mayor ordered the above minutes received
for filing.
Financial Report of the City for August 1958'- 8b
Financial report of the City for August 1958 was- presented to the
Council by the City Manager.
On hearing no objections the Mayor ordered the above report received for
filing. '
Report Relative to Improvements in Eaton's Second Addition - 8c
Report relative to improvements in Eaton's Second Addition as required
by Section 10 of the Subdivision-Ordinance, by the Director of Public Works,
was presented to the Council.
A motion was made by Councilman Davis, seconded by Councilman, Wolfe,
to refer the above report to the Law Department for inclusion in contract for
furnishing improvements required by the Subdivision Ordinance. Motion passed
by unanimous vote of six members of the Council present.
A motion was made by Councilman Jorvig, seconded by Councilman Wolfe,
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.
Retort of Special Council Committee on Names for Highways #100 and #7 - 8d
Report of the Special Council Committee for the selection of names for
Highways No. 100 and No. 7, was presented to the Council.
Councilman Jorvig gave an oral report with the following suggestions:
Highway No. 100 - Centennial Drive and Lilac Way
Highway No. 7 - Alaska Boulevard, St. Louis Park Boulevard and
Radisson Road.
No action taken.
September 29, 1958
Award of Contract - Water main - 9a
Award of contract for water main, Improvement Nos. 58-66, -72 and 73.
RESOLUTION NO. 680
A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg,
to waive reading and adopt Resolution No. 680 entitled, "Resolution Accepting
Bid for Water main (Improvement Nos. 58-66. 72 and 73), and authorizing the
Mayor and the City Manager to execute the contract in behalf of the City.
Motion passed by unanimous vote ,of six members of the Council present.
1.•'D
® Damage Claims - lla •
01 The followi damages,claims for dams es yras_ presented to the Council:
1. Lloyd Simon, 8924 First Avenue, Minneapolis 20, Minnesota
(copy to Law Department September 22, 1958) . ,
A motion was made by Councilman Messer, seconded by Councilman Jorvig,
that the claim for damages from Lloyd Simon be referred to the Law Department
for advice and recommendation. Motion passed by unanimous vote" of six members
of the Council present.
Verified Claims - 12a
On motion of Councilman Jorvig, seconded by Councilman Ehrenberg, the
lists of verified claims prepared by the Director of Finance and presented to
the Council, dated September 29, 1958 in the total amounts of $827.65 for payroll,
and $9,415.59 for vendors were 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 - 12b1
On motion of Councilman Wolfe, 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
_checks for the respective amount, by unanimous vote of six members of the Council
present.
FINAL CERTIFICATE
Curb & Gutter Construction Imp. No. 58-68
Contractor - Donald Frantz Concrete Construction Co.
Contract Date - August 25, 1958
Contract Price - B 618 C £a G $2.35 LF-B618 C Radius
$2.50 LF-6" Drive =40SF Remove Conc Dr. .10SF -
Remove ex curb" .25 LF.
Amount of this payment - $3,430.51
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September 29, 1958
III
Payment on Contract Work - 12b2
- On motion of Councilman Ehrenberg, 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
checks for their respective amount, by unanimous vote of six members of the
Council present. •
Partial Payment Certificate No. 1
Storm Sewer Construction - Project No. 58-64 fi 58-71
Contractor - Herbst Construction Co. .
Contract Price - $25,095.94
Contract Date - August 18, 1958
Amount of this payment - $6,935.32
Comments on Building Ordinance --Wm Lee - 12c
William Lee, a builder, accused the Council of not heeding to the Citizens
objections to the passing of the•amendment to the building ordinance, which had
for its objective the preserving of industrial, commercial and public buildings
abutting public streets. He also accused the Council of failing to give adequate
study to the ordinance.
Each Councilman answered Mr. Lee's statements indicating that they had
given it much study and that it was adopted for the good of the whole of St. Louis
Park.
Meeting Adjourned - 13
On motion of Councilman Davis, seconded by Councilman Wolfe, the meeting a
was adjourned at 1:30 a.m. to October 1, 1958 at 3:30 p.m., by unanimous vote
of all members of the Council present.
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\ /
rbe.t P. Lefler, .y••
Attest:
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foseh /stair Secretary