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Home My WebLink About1959/10/14 - ADMIN - Minutes - City Council - Regular 28 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 14, 1959 1. CALL 'ID ORDER A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8 p.m. 2. INVOCATION Invocation was given by Rev. Ben Brudevold of the Aldersgate Methodist Church. 3. ROLL CALL The following Councilmen were present at roll call: H. C. Davis Robert Ehrenberg Torval Jorvig D. C. Messer Ed Owen Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, E. T. Montgomery, Director of Public Works and the Secretary. 4. MINUTES On motion of Councilman Wolfe, seconded by Councilman Messer, the minutes of regular meeting held October 5, 1959, and the adjourned meeting of September 14 held September 15, and the ad- journed meeting of September 28 held September 30, 1959, were approved by a seven yea vote. 5. PUBLIC HEARINGS (a) NONE 6. PETITIONS, HEQUESTS AND COMMUNICATIONS (a) COMMUNICATION FROM RICK LONDON CONCERNING PROMOTION OF A DANCE FOR YOUNG PEOPLE IN THE AREA. It was moved by Councilman Ehrenberg, seconded by Council- man Jorvig, that this matter be tabled. Motion passed by a six yea vote. Councilman Messer not present when vote was taken. " ) Council Minutes - October 14, 1959 (b) COMMUNICATION FROM MONASH SCHWARTZ REGARDING UNSAFE WATER SUPPLY AND REQUESTING IMMEDIATE INSTALLATION OF WATER MAIN IN 2$00 BLOCK ON OREGON AVENUE, ALSO MEMORANDUM FROM HEALTH DEPARTMENT. Mr. Schwartz and others were present at the meeting. , RESOLUTION NO. 1104 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1104, entitled, "Resolution Proposing Improvement and Ordering Preparation of Reports of Director of Public Works and the Assessor on Improvement of Watermain on Oregon Avenue". Motion passed by a seven yea vote. RESOLUTION NO. 1105 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1105, entitled "Resolution Receiving'Reports and Calling Hearing on Improvement No. 59-129". Motion passed by a seven yea vote. (Hearing Nov. 2, 1959) RESOLUTION NO. 1106 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1106, entitled, "Resolution Ordering Preparationof Plans and Spec- ifications Improvement No. 59-129". Motion passed by a seven yea vote. RESOLUTION NO. 1107 at' was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1107, entitled, "Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids Improvement No. 59-129". Motion passed by a seven yea vote. (Bids November 2, 1959) 7. RESOLUTIONS AND ORDINANCES (a) FIRST READING OF PROPOSF:1) ORDINANCE REGULATING PARKING IN STREETS BY PEDDLERS AND BAKERY PEDDLERS (RalUE STED BY COUNCIL- MAN NOLFE). It was moved by Councilman Wolfe, seconded by Councilman Jorvig, to waive first reading and to set date for second reading October 26, 1959. Motion passed by a seven yea vote. Council Minutes - October 14, 1959 8. REPORTS OF OFFICERS, BOARDS AND COMMIT'r►+;XS (a) REPORT OF CITY ACTIVITIES FOR SEPTEMBER 1959, BY THE CITY MANAGER. On hearing no objections the Mayor ordered the report re- ceived for filing. (b) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-92-S) UPON THE RDZUEST OF WILLIAM WYNN FOR APPROVAL OF THE FINAL PLAT OF WYNN'S SECOND ADDITION. RESOLUTION NO. 1108 It was moved by Councilman Ehrenberg, seconded by Council- man Jorvig, to waive reading and adopt Resolution No. 1108, entitled, "Resolution Giving Approval for Final Plat of Wynn's Second Addition". Motion passed by a seven yea vote. (c) kthPORT OF THE PLANNING COMMISSION (CASE NO. 59-136-V) ±u - COMMENDING FAVORABLY UPON THE RDaUE ST OF THE METHODIST HOSPITAL FOR VARIANCE OF SETBACK UNDER AUTHORITY OF SECTION 20.4 AND 20.5 OF THE ZONING ORDINANCE FROM THE FUIRED 20 FEET TO 5 FEET FROM CURB AND 2 FEET FROM PROPERTY LINE TO BUILD A SHELTER FOR EMPLOYEES AND VISITORS WAITING FOR BUS AT METHODIST HOSPITAL, ON SOUTH SIDE OF EXCELSIOR BOULEVARD. Mr. Retherford of Methodist Hospital was present in favor of the request. It was moved by Councilman Ehrenberg, seconded by Council- man Jorvig, to approve the variance. Motion passed by a seven yea vote. 9. •UNFISHIED BUSINESS (a) , TABULATION OF BIDS ON TWO POLICE CARS. It was moved by Councilman Messer, seconded by Councilman Wolfe, to designate Hopkins Motor Sales Inc. as the lowest responsible bidder in the amount of $3,030.00. Motion passed by a seven yea vote. Council Minutes - October 14, 1959 (b) PROPOSED STORM SEWER CONSTRUCTION, IMPROVEMENT NO. 59-51, as DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 24 AND OCTOBER I., 1959 (HEARING HELD OCTOBER 5, 1959, ACTION DEFERRED). A motion was made by Councilman Davis, seconded by Council- man Owen, to waive reading and adopt resolution ordering im- provement. The vote was five yeas and two nays. Councilman Jorvig and Councilman Wolfe voting nay. As this motion re- P _quired .seqem. yeas the motion was lost. Later in the meeting after further discussion - A motion was made by Councilman Wolfe, seconded by Councilman Owen, to reconsider this matter. Motion passed by a seven yea vote. RESOLUTION NO. 1109 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1109, entitled, "Resolution Ordering Improvement No. 59-51". Motion passed by a. seven yea vote. Councilman Davis requested that the City Clerk include in the minutes the policy regarding assess- ments, for project No. 5941, discussed at this meeting. The proposed assessment for'the project was discussed. Assessments against property in the pro- posed district for existing improvements were dis- closed by the Manager. Consideration was given to a suggestion by the acting City Attorney that the assessment for a storm sewer may properly be levied at a higher rate against areas within the assessment district receiving greater benafit from the drainage provided by the ,storm sewer than against areas with- in the district receiving a lesser benefit because more remote and at a high level not receiving drainage. Mr. Wolfe stated that he would submit these considerations to the Council at the assessment hearing. (c) PROPOSED WATER MAIN CONSTRUCTION, IMPROVEMENT NO. 59-60, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 24 AND OCTOBER 1, 1959(HEARING HELD OCTOBER 5, 1959, ACTION DEFERRED). RESOLUTION 11O. 1110 It was moved by Councilman Ehrenberg, seconded by Council- man Wolfe, to waive reading and adopt Resolution No. 1110, entitled, "Resolution Ordering Improvement No. 59-60". Motion passed by a seven yea vote. Council Minutes - October 14, 1959 (d) PROPOSED WATER MAIN CONSTRUCTION, IMPROVEMENT NO. 59-103, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 24 AND OGTOBER 1, 1959 (HEARING HELD OCTOBER 5, 1959, ACTION DEFERRED). RESOLUTION NO. 1111 It was moved by Councilman Ehrenberg, seconded by Council- _ man Wolfe, to waive reading and adopt Resolution No. 1111, entitled, "Resolution Ordering Improvement No. 59-103". Motion passed by a seven yea vote. (e) REPORT O ' _THE PLANNING COMMISSION (CASE NO. 59-109-MISC.) RECOMMENDING FAVORABLY UPON THE REQUEST OF THE PARKS AND RECREATION ADVISORY COMMISSION TO MODIFY THE PARK PLAN BY ADDING LOTS 2, 3 AND g, BLOCK 1, TUXEDO PARK TO THE PROPOSED FERN HILL PARK (DEFERRED FROM OCTOBER 5, 1959). Charles Doell was present at the meeting. It was moved by Councilman Messer, seconded by Councilman Owen, to modify the park plan by adding part of Lot 1, and Lots 2, 3,:and g, Block 1, Tuxedo Park to the proposed Fern Hill Park. Motion passed by a seven yea vote. It was moved by Councilman Ehrenberg, seconded by Council- man Wolfe, to direct the Law Department to prepare resolu- tion authorizing acquisition by eminent domain of addition to proposed Fern Hill Park. Motion passed by a seven yea vote. (f) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-110-MISC.) RE- COMMENDING FAVORABLY UPON .THE REaUEST OF THE PARKS AND RE- CREATION ADVISORY COMMISSION FOR ACQUISITION OF LOTS 4 THROUGH 9, AND PART OF LOT 53, BLOCK 291, REARRANGEMENT OF ST. LOUIS PARK FOR EXPANSION OF OAK HILL PARK (DEFERRED FROM OCTOBER 5, 1959). Charles Doell & Robert Corvine were present at the meeting. It was moved by Councilman Davis, seconded by Councilman Jorvig, to direct the Law Department to prepare resolution authorizing acquisition by eminent domain of addition to Oak Hill Park. Motion passed by a seven yea vote. Council Meeting - October 14, 1959 10. NEW BUSINESS (a) ACCEPTANCE OF DEEDS FROM FLORENCE F. BORNSTEIN, AND HYMEN RAPOPORT AND ROSE RAPOPORT FOR STORM SEWER EASEMENT ON AQUILA AVENUE FOR IMPROVEMENT NO. 59-78. It was moved by Councilman Davis, seconded by Councilman Messer, to accept this deed and to authorize the City Attorney to record same. Motion passed by a seven yea vote. (b) CONTRIBUTION TO CITIZENS COMMITTEE FOR YOUTH DEVELOPMENT. It was moved by Councilman Davis, seconded by Councilman Jorvig, to authorize endorsement by the City Treasurer of check by Ecklund and Swedlund Development Corporation for $20.00 also Salkin and Linoff for $20.00, and to authorize deposit to account of the Committee. Motion passed by a seven yea vote. • 11. MISCELLANEOUS (a) CHARTER AMENDMENT - SECTION 2.08 The Mayor read proposed amendment offered by Charter Commission. It was moved by Councilman Wolfe, seconded by Councilman Messer, that the Law Department be directed to prepare Resolu- tion, Calling a Special Election on December 8, 1959, for sub- mission of proposed amendment to City Charter, Section 2.08, as proposed by City Charter Commission. Motion passed by a seven yea vote. Councilman Messer left at 10:15 p.m. (b) REPORT REGARDING A. MENDEL DRAKE VS. CITY OF ST. LOUIS PARK (BY E. T. MONTGOMERY). It was moved by Councilman Davis, seconded by Councilman Wolfe, that the Law Department be authorized to offer settlement in its discretion of the city claim against Barbarosa-Nodland for cost of defense of A. Mendel Drake vs. City of St. Louis Park on condition that its insurer settle and secure release of the City in that action without other contribution by the City. Motion passed by a five yea vote. Mayor Lefler voting nay. Councilman Messer not present when vote-was taken% d4 Council Minutes - October 14, 1959 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFTFD CLAIMS On.motion of Councilman Davis, seconded by Councilman Jorvig, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated October 14, 1959 in the total amounts of $1,256.39 for payroll, and $29,047.27 for vendors were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a roll call vote of six yeas. (b) PAYMENTS ON CONTRACT WORK On motion of Councilman Davis, seconded by Councilman Wolfe, 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 a ' six yea vote. Council- man Messer not present when vote was taken. Partial Payment Certificate No. 1 Grading and Storm Sewer - Vernon Avenue 59-29 Contractor - J. A. Danen & Son, Inc. Contract Date - August 10, 1959 Amount- $17,532.00 On motion of Councilman Davis, seconded by Councilman Wolfe, 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 a •six yea vote. Councilman Messer not present when vote was taken. Partial Payment Certificate No. 2 Sidewalk - Imp. Nos. 57-70, 58-51, 59-4,5, 10 & 69 Curb & Gutter 57-67, 70, 58-44, 50, 60, 74, 75 and 78 59-2, 9,33, 36, 62, 67 and 83. Contractor- Victor Carlson & Sons Contract Date - July 20, 1959 Amount - $20,612.65 Q r- Council Minutes - October 14, 1959 On motion of Councilman Davis, seconded by Councilman Wolfe, the following payment on contract work presented by the City Engineer was approved, and the City Manager, pity Clerk, arida City Treasurer were authorized to issue checks for their respective amount by a six yea vote. Councilman Messer not present when vote was taken. Partial Payment Certificate No. 4 Road Mixed Bituminous Street Surface Improvement Nos. ,56-52, 58-3 and 58-70 Contractor-Barton Contracting Company Contract Date - May 25, 1959 • Amount - $116,607.40 On motion of Councilman Davis, seconded by Vouncilman Wolfe, 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 a six yea vote. Councilman Messer not present when vote was taken. Partial Payment Certificate No. 4 Hot Mix Asphalt Paving and Portland CeTent Concrete Curb and Gutter - Imp. Nos. 58-65, 69 & 59-70 & 82 Contractor - Black Top Service Co. Contract Date - May 25, 1959 Amount - $118,396.61 On motion ,of Councilman Davis, seconded by Councilman Wolfe, 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 a six yea vote. Councilman Messer not present when vote was taken. Partial Payment Certificate Hot Mix Asphalt Paving and Portland Cement Concrete Curb and Gutter Project Nos. 59-68 & 59-90 Contractor - Black Top Service Co. Contract Date - May 25, 1959 Amount - $11,720.55 On motion of Councilman Davis, seconded by Councilman Wolfe, 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 a six yea vote. Councilman Messer not present when vote was taken. 36 Council Minutes - October 14, 1959 Engineers Certificate No. 6 Lateral Sanitary Sewer Project No. 59-32 Contractor - Swanson Excavating Co and Northern Contracting Co. Amount - $48,127.62 On motion of Councilman Davis, seconded by Councilman Wolfe, 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 a six yea vote. Councilman Messer not present when vote was taken. Partial Payment Certificate No. 2 Storm Sewer - Proj. No. 59-91 Sanitary Sewer - Proj. 59-20, 74, ,75, 76 and 104 Water Main - Proj. No. 58-67, 59-7, 11, 16, 19, 56, 66 and 92 Contractor - Peter Lametti Construction Contract Date - July 27, 1959 Amount - $43,498.46 13.- ADJOURNMENT On motion of Councilman Davis, seconded by Councilman Jorvig, the meeting was adjourned at 10:37 p.m., by a six yea vote. Councilman Messer not present when vote was taken. if )gt"\ -�C i � 'A A i �• FIer.-rt P. = ler, .yor ATTEST: Aoseph J stad, cretary ( •