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HomeMy WebLinkAbout1958/09/08 - ADMIN - Minutes - City Council - Regular 5 t. Council Meeting September 8, 1958 6 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 Church of the Reformation. • The following Councilmen were present at roll call: H. J . Bolmgren Robert Ehrenberg CC Torval Jorvig D. C. Messer el el 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 the meetings held August 25 -and September 2, 1958, were approved by unanimous vote of six members of the Council present. Request for Building Permit at 2267 Louisiana Ave. Dr. R. Edlund - 6a Request for approval of the issuance of a building permit for the construc- tion of a dentist's office at 2267 Louisiana Avenue, by Dr. Robert R. Edlund was presented to the Council. Dr. Robert R. Edlund was present in support of the request. A motion was made by Councilman Ehrenberg, seconded by Councilman Bolmgren, to approve the issuance of the building permit for the construction of a dentist's office at 2267 Louisianace Avenue, subject to compliance with all applicable codes. Motion passed by a vote of six yeas. Councilman Davis arrived at 8:45 p.m. • Request for Building Permit at 3631 Wooddale Avenue - George Carlson - 6b Request for approval of the issuance of a building permit for the con- struction of an industrial building at 3631 Wooddale Avenue, by George E. Carlson, was presented to the Council. (Minnesota Rubber Company) A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to approve the issuance of the building permit for the construction of an indus- trial building at 3631 Wooddale Avenue, subject to compliance with all applicable codes and with brick facing on the east side of the building. Motion passed by unanimous vote of seven members of the Council present. 52 September 8, 1958 Communication Requesting Utility Easement on Yosemite Ave.-Mpls Gas Co. - 6c Communication, dated August 29, 1958, requesting utility easement on Yosemite Avenue from West 37th Street north to a point 188 feet north of the north line .of West 37th Street, by the Minneapolis Gas Company, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Jorvig, the above communication was referred to the Planning Commission for advice and recommenda- tion, by unanimous vote of seven members of the Council present. Request for Building Permit at 4212 West Lake Street - B. Horovitz - 6d Request for approval of the issuance of a building permit for the construc- tion of a retail store at 4212 Lake Street, by Bernard Horovitz, was presented to the Council. Bernard Horovitz and Matthew Levitt were present in support of request. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve the issuance of a building permit for the construction of a retail store at 4212 West Lake Street, subject to compliance with all applicable codes and that the Building Inspector check zoning on the north 10 feet. Motion passed by unanimous vote of seven members of the Council present. • Communication from The Cub Drivers Klub Of Americas:- 6e Communication , dated September 2, 1958, from -the Cub Drivers Klub of America, relative to Community Center Property, was presented to the Council. Mr. Dobrow.was present in support of the request. On motion of Councilman Jorvig, seconded by Councilman Messer, the above request from the Cub Drivers Klub of America relative to Community Center pro- perty was denied, by unanimous vote of six members of the Council present. Resolution Approving Plans and Auth. Advertisement of Bids-Watennain- 58-66 etc.-7a Resolution Approving Plans and Authorizing Advertisement for Bids (Water main 58-66, 72 & 73), was presented to the Council. RESOLUTION NO. 661 A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive reading of Resolution No. 661 Approving Plans and Authorizing Advertisement for Bids,and adopt same (bids to be taken September 22, 1958) . Motion passed by unanimous vote of seven members of the Council present. • Resolution Auth. Execution of Contract Amend. Contract with M.E. Kraft - 7b Resolution Authorizing Execution of Contract Amending Contract with M. E. Kraft (Stabilized Base 57-36 38), was presented to the Council. 53 September 8, 1958 Resolution Amending Contract with M.E. Kraft CONTINUED RESOLUTION NO. 662 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 662, entitled "Resolution Modifying Contract for Grading, Bituminous Stabilizing and Storm Sewer, Improvement No . 57-35 through 57-38 and 55-51". Motion passed by unanimous vote of seven members of the Council present. CO Resolution Auth. Adv. for Bids for Improvement Bonds - 7c O Resolution Authorizing Advertisement for Bids for Improvement Bonds, stt was presented to the Council. 1:1.4 RESOLUTION NO. 663 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 663, entitled "Resolution Authorizing Advertisement for Bids for Improvement Bonds"(1958 Trunk Sewer Series) . Motion passed by unanimous vote of seven members-,of the Council present. (Oct. 1, 1958) Resolution Granting Permission to Operate Mobile Elec. Registration Etc. - 7d Resolution granting permission to operate mobile election registration facilities prior to General Election (requested August 25, 1958), was presented to the Council. RESOLUTION NO. 664 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 664, entitled "Resolution Authoriizing Mobile Election Registration Facilities Prior to General Election". Motion passed by unanimous vote of six members of the Council present. Resolution Adopting the Recommended Assessment Periods etc. - 7e Resolution Adopting the Recommended Assessment Periods for Various Public Improvements, (requested August 25, 1958) was presented to the Council. RESOLUTION NO. 665 A motion was made by Councilman Messer, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 665, entitled "Resolution Stating Policy as to Assessment Periods for Various Public Improvements" . Motion passed by unanimous vote of seven members of the Council present. Resolution Determining Assessable Cost etc. - 7f Resolution Determining Assessable Cost and Ordering Proposed Assessment Roll and Setting Hearing for North Side Trunk Sewer, was presented to the Council. Assessor R. B. Connery was present at the meeting. RESOLUTION NO. 666 A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 666, entitled "Determining Assessable cost and Ordering Proposed Assessment Roll and Setting Hearing for North Side Trunk Sewer (hearing September 29, 1958) . Motion passed by uhanimous vote of seven members of the Council present. 54 September 8, 1958 First Reading of Proposed Ord. Changing the Name of Cedar Lake Ave. - 7g The Proposed Ordinance Changing the Name of Cedar Lake Avenue to West 27th Street, was presented to the Council for first reading. Paul Langanki, 4301 Cedar Lake Avenue, was present in opposition to the above change. A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive the first reading of proposed ordinance and to set date for the second reading on September 15, 1958. Motion passed by a vote of five yeas and one nay. (Mayor Lefler voting nay.) Second Reading of Proposed Ord. Setting Parking Time Limits etc. - 7h The proposed Ordinance (as amended) Setting Parking Time Limits on Both Sides of Minnetonka Boulevard Between Huntington Avenue and Inglewood Avenue and Providing Penalty for Violation Thereof, was presented to the Council for second reading. ORDINANCE NO. 641 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive second reading and adopt Ordinance No. 641, entitled "An Ordinance Setting Parking Time Limits and Prohibiting Parking on Minnetonka Boulevard Between Huntington Avenue and Inglewood Avenue and Providing Penalty for Viola- tion Thereof". Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Vacating Alley - Roger Krause - 7i The Proposed Ordinance Vacating Alley (between Zarthan and Yosemite Avenues, requested by Roger Krause, Case No. 58-76-Vac.), was presented to the Council for second reading. A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, that action on the above ordinance be deferred until it is determined if Council- man Davis will be present later in the evening. Motion passed by a vote of six yeas. The Council was informed, by phone, that Councilman Davis would be present later in the evening. A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive second reading and adopt the above Ordinance. Motion lost by the follow- ing roll call vote: Councilman Bolmgren, nay; Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, abstained from voting; Councilman Messer, nay; Councilman Wolfe, yea; Mayor Lefler, yea. (The Charter requires five votes to vacate alley.) 55 September 8, 1958 Second Reading of Proposed Ordinance Vacating Alley - CONTINUED After the preceding action was taken, W. L. Schmidt of 3245 Zarthan Avenue, one of the petitioners, asked if the alley could be pos1d for 10 miles per hour and if the boundaries of the Alley could be designated. He was told to contact the City Manager oh these matters. First Reading of Proposed Ordinance Amending the' Zoning Ordinance - 71 The proposed ordinance, Amending the Zoning Ordinance (Minnehaha Creek, West 36th Street and Zinran Avenue, from Open Development Use "istrict and "A" Density "istrict to Multiple "welling Use "istrict and "Di' "ensity "istrict), deferred,frem July 7, 1958, was presented to the Council for first reading. A. W. Lampe was present in support of the new request, letter dated August 27, 1958. It was moved by Councilman Wolfe, seconded by Councilman Bolmgren, that the request for rezoning as set forth in the letter from A. W. Lampe, dated August 27, 1958, and preliminary plat covering property N. of 36th and W of Boone Avenue, known as Knollwood Terrace, be referred to the Planning Commission for their advice and recommendation and that a public hearing on the preliminary plat before the Planning Commission be set for October 1, 1958. Motion passed by unanimous vote of seven members of the Council present. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the original request to rezone the property bounded by Minnehaha Creek, West 36th ' Street and Zinran Avenue be denied. Motion passed by unanimous vote of seven members of the Council present. Resolution Providing for Issuance of Park Improvement Bonds and Call Election - 7k Resolution Providing for Issuance of Park Improvement Borids and Calling an Election was presented to the Council. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to re- scind action taken August 7, 1958 stating time of Election as October 7, 1958. Motion passed by unanimous vote of seven members of the Council present. RESOLUTION NO. 667 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 667 Providing for the Issuance of Park Improvement Bonds and Calling an Election (November 4, 1958). Motion passed by unanimous vote of seven members of the Council present. Later in the meeting a motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to reconsider Resolution No. 667. Motion passed by unanimous vote of seven members of the Council present. RESOLUTION NO. 667A A motion was made by Councilman Davis, seconded byCouncilman Messer, to waive reading and adopt Resolution No. 667A omitting word "tentatively" from line five. Motion passed by unanimous vote of seven members of the Council present. 56 • September 8, 1958 Proposed 1959 Budget - 9a Proposed Budget for 1958 was presented by the City Manager (deferred from August 4, 1958) . On motion of Councilman Wolfe, seconded by Councilman Jorvig, action on the proposed 1959 budget was deferred to September 15, 1958. Motion passed by unanimous vote of seven members of the Council present. Report of Law Department Concerning Claim by Mrs. H. Maui - 8a Report of Law Department concerning claim for damages by Mrs. Henry Maud, (requested May 5, 1958) was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Messer, authorizing the Law Department to settle the claim for damages made 1y Mrs. Henry Mauel,, dated April 1, 1958, in the -sum of $200.00, and that it be paid out of the Water Revenue Fund. Motion passed by a vote of six yeas. (Councilman Davis not present when vote was taken.) • Report of the Planning Commission (Case No. 58-48-V) Erect Sign 3901 Hiwy.#.7 - 9b Report of the Planning Commission (Case No. 58-48-V) recommending un- favorably upon a: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 5' setback instead of the required 20' setback at 3901 Highway No. 7 (Park Delicatessen - Lot 21, Block 2, Calhoun Lakeside Park); and also a request from Bernard Horovitz for a special permit under authority of Section 10.3-20 of the Zoning Ordinance to erect a 15' x 12' sign (over 48 sq. ft.) at 3901 Highway No. 7 (deferred from August 4, 1958), was presented to the Council. Matthew Levitt, attorney for Berhard Horqvitz, appeared and requested that this request be withdrawn. - A motion was made by Councilman Wolfe, seconded by Councilman Jorvig-,to accept the above request withdrawing the request to erect a sign at 3901 High- way No. 7. Motion passed by unanimous vote of seven members of the Council present. Relative to proposed contract with Mtka. School Board for Lateral San. Sewer - 9c Proposed contract with Minnetonka School Board relative to lateral sanitary sewer to connect to St. Louis Park trunk sewer (deferred from August 11, 1958), was presented to the Council. Mr. Conners appeared in behalf of Board of Minnetonka School District to reopen negotiations for sewer connection and stated that his board considered the $8,000.00 connection charge too high. The matter was discussed by the Council. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, action on the above matter was deferred until September 15, 1958. Motion passed by un- animous vote of seven members of the Council present. September 8, 1958 Relative to Substitute Streets in Lieu of Proposed Hurst Ave. etc. - 10a Substitute streets in lieu of proposed Hurst Avenue south of proposed Oxford Street extended (requested by Councilman Davisj, was discussed. It was suggested that the Engineering Department prepare a plat showing the stubbed in streets, and to be presented at the next meeting. On motion of Councilman Jorvig, seconded by Councilman Bolmgren, action on the above matter was deferred until September 15, 1958. Motion passed by ASZ unanimous vote of seven members of the Council present. CC ® Appointment of John Lamb to Park Ei Recreation Advisory Commission, - lOb Appointment by the Mayor of John Lamb to replace Otis Dypwick as a member of the Park and Recreation Advisory Commission for the term expiring December 31, 19,59, subject to the approval of the Board of Independent School District 283 as provided in Ordinance 540, Section 1:20-1, was presented to the Council. 1 motion was made by Councilman Jorvig, seconded by Councilman Davis,to approve the appointment of John Lamb .to replace Otis Dypwick as a member of the Park and Recreation Advisory Commission for the term expiring December 31, 1959, subject to the approval of the-!Board of Independent School District 283 as provided in Ordinance 540, Section 1:20-1. Motion passed by unanimous vote of seven members of the Council present. Appointment of Robert Ehrenberg as Representative to the Suburban Gas Agency - 10c Appointment by the Mayor of Robert Ehrenberg to replace Mayor Lefler as the City's representative to the Suburban Gas Agency, was presented to the Council. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to approve the appointment by the Mayor of Robert Ehrenberg to replace Mayor Lefler as the City's representative to the Suburban Gas Agency. Motion passed by a vote of six yeas and one nay. (Councilman Ehrenberg voted nay.) Deleting and Substituting Word in Motion passed on September 2, 1958 - 10d A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, that the words "a tentative" be deleted and substitute the work "the" in motion passed by the Council September 2, 1958 relative to the program recommended by the Park and Recreation Advisory Commission. Motion passed by unanimous vote of seven members of the Council present. 10e See 7k Relative to Parking near Texa Tonka - 10f -A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, that the matter of parking on both sides of Minnetonka Boulevard adjacent to Texa Tonka Bowling Alley be referred to the City Manager and the Director of Public Works for checking and recommendation. Motion passed by unanimous vote of seven members of the Council present. ' 5S September 8, 1958 Authorizing Councilman Bolmgren to Attend Conference at Duluth - l0, A motion was made by Councilman Davis, seconded by Councilman Wolfe, to authorize Councilman Bolmgren to `attend the North Central Water Works Conference, September 24 thru 27, 1958, at Duluth, Minnesota with necessary expense paid. Motion passed by unanimous vote of seven members of the Council present. Claim for Damages - Alvin Tilsen and Frank M. Woollen - lla Claim for damages received while riding as a passenger in a car driven by Leo Barisof, which was involved in an accident with a St. Louis Park Police Car No. 772 on August 7, 1958, by Alvin Tilsen, 5349 James Avenue S., Minneapolis, Minnesota; also claim for damages to property allegedly resulting from sewer installation and installation of a manhole, by Frank M. Woolen, 1601 Hillsboro • Avenue South, St. Louis Park, Minnesota, were presented to the Council. (copies to Law Department August 25, 1958 for Alvin Tilsen and August 29, 1958 for Frank Woollen.) On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the damage claims of Alvin Tilsen and Frank M. Woollen were referred to the Law Department for advice and recommendation, by unanimous vote of seven members of the Council present. Regarding Sewer Easement - Wallace Bruce - llb Wallace Bruce appeared and spoke regarding sewer easement across Lot 1, Block 6, Westdale, also regarding side yard requirement. He was told to apply for variance. Verified Claims - 12a On motion of Councilman Wolfe, seconded by Councilman Bolmgren, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated September 8, 1958 in the total amounts of $3,090.36 for payroll, and $44,053.81 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by unanimous vote of seven members of the Council present. Contract Payment - 12b1 Sornsin-Rue Company - Matthew Levitt, Attorney for Sornsin-Rue Company was present. A letter from the Consulting Engineering firm, G. M. Orr. Engineering Company, setting forth the engineering cost for field work including mileage as $3,627.74 for the period from July 11, 1958 to August 22, 1958 and also pointing out that the penalty as set forth in the Contract at $300.00 per day from July 11, 1958 to August 22, 1958 would amount to $10,800.00, was read. There was considerable discussion on the matter of liquidated damages. Councilman Bolmgren made a motion that $10,800.00 be deducted from the last payment to Sornsin-Rue as liquidated damages. There was no second to the motion. l 'f iY September 8, 1958 Contract Payment Re: Sornsin-Rue Company CONTINUED A motion was made by Councilman Wolfe, seconded by Councilman Davis, that the City Manager be directed to establish an estimate cost to the city due to the overtime taken by Sornsin-Rue Company to complete contract for sewer project No. 56-52 Section C, from July 11, 1958 to August 22, 1958. Motion passed by a vote of six yeas.and one nay. (Councilman Bolmgren voting nay.) Payment on Contract Work - 12b2 On motion of Councilman Ehrenberg, seconded by Councilman Messer, the CJD following payment on contract work, presented by the City Engineer was approved, CD and the City Manager, City Cler, and City Treasurer were authorized to issue aet checks for the respective amount, by unanimous vote of seven members of the Council present. L�.a Payment No. 4 - Lateral Sanitary Sewer Project No. 58-3 Section "A" Contractor - Orfei and Mariani and Sons Inc. Contract Price - $800,464.95 Amount of this Payment - $78,138.20 Meeting Adjourned - 13 On motion of Councilman Ehrenberg, seconded by Councilman Wolfe, the • meeting was adjourned at 12:21 a.m., by unanimous vote of s- • :n members of the Council present. / H;rb ' t P. Lef .- ; Mayor Attest: 4 osep Ju .d, Secretary