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HomeMy WebLinkAbout1959/02/16 - ADMIN - Minutes - City Council - Regular 221 MINUTES OF COUNCIL MEETING - FEBRUARY 16, 1959 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. Kenneth Wester of the Cross of Christ Lutheran Church. The following Councilman were present at roll call: H. C. Davis Robert Ehrenberg Torval Jorvig D. C. Messer ® Ed. Owen C Kenneth Wolfe d Herbert P. Lefler CL4 Also present were the City Manager, City Attorney, Director of Public Works, Planning Consultant and the Secretary. Minutes - 4 On motion of Councilman Ehrenberg, seconded by Councilman Jorvig,- the min- utes of meeting held February 9th, 1959, were approved by unanimous vote of all members of the Council presnet. Public Hearing on Sanitary Sewer Construction, Impr. No. 59-41 - 5a Public hearing was had on proposed Sanitary Sewer Construction, Improvement No. 59-41, as described in Notice of Hearing Published January 29 and February 5, 1959. Harry Mayeron from Orr Schelen Company was present. Also present were Jack Steele, 3831 Texas Avenue and Walter Goodlund, 7833 Cambridge Street. Mayor Lefler declared the hearing closed. RESOLUTION NO. 763 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 763, entitled, "Resolution Ordering Im- provement and Ordering Preparation fo Plans and Specifications, Improvement No. 59-41". Motion passed by unanimous vote of seven members of the Council present. On motion of Councilman Wolfe, seconded by Councilman Jorvig, the City Manager was directed to contact the City Hopkins Council to determine whether and at what expense the homes on the east side of Texas Avenue north of Lake Street can be serviced by Hopkins Sewer, by unanimous vote of seven members fo the Council present. Public Hearingcon House Service Water Connections, Impr. No: 59-41 - 5b Public hearing was had on proposed House Service Water Connections, Improvement No. 59-42 as described in Notice of Hearing published February 5 - and 12, 1959. No one was present. Mayor Lefler declared the hearing closed. 22'2 February 16,1959 RESOLUTION NO. 76I A motion was made by Councilman Jorvig, seconded by Councilman Davis, to waive reading and adopt Resolution No. 761 , entitled, "Resolution Ordering Im- provement and Ordering Preparation of Plans and Specifications, Improvement No. 59-42". Motion passed by unanimous vote of seven members of the Council present. Public Hearing On Water Main & House Service Connections, Impr. No. 59-46 - 5c Public hearing was had on proposed water main and house service connections, Improvement No. 59-116, as described in Notice of Hearing published February 5 and 12, 1959. No one was present. Mayor Lefler declared the hearing closed. RESOLUTION NO. 765 A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 765, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans and Specifications, Improvement No. 59-116." Motion passed by unanimous vote of seven Council Members presnet. Public Hearing On Water Main & House Service Connections, Impr. No. 59-117 - 5d Public hearing was had on proposed water main and house service connections, Improvement No. 59-117, as sescribed in Notice of Hearing published February 5 and 12, 1959. No one was present. Mayor Lefler declared the hearing closed. RESOLUTION NO. 766 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 766, entitled, "Resolution Ordering Im- provement and Ordering Preparation of Plans and Specifications, Improvement No. 59-117". Motion passed by unanimous vote of seven Council Members present. Public Hearing on Watermain, House Service Connections & Street Resurfacing, Improvement No. 59-118 - 5e Public hearing was had on proposed watermain, house service connections, and street resurfacing, Improvement No. 59-118, as described in Notice of Hear- ing published February 5, and 12, 1959. No one was present. Mayor Lefler declared the hearing closed. RESOLUTION NO. 767 A motion was made by Councilman Jorvig, seconded by Councilman Messer, to waive reading and adopt Resolution No. 767, entitled, "Resolution Ordering Im- provement and Ordering Preparation of Plans and Specifications, Improvement;No. 59-118". Motion passed by unanimous vote of seven Council Members present. 223 February 16, 1959 It was m*oved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the Secretary of the Council show in the Minutes, that it is the policy of the present Council to pay for construction of Water Main Loops and Closings from the General Water Utility Fund, unless it can be shown that there are some who will,derive a benefit from the improvement. Motion passed by unanimous vote of seven Council Members present. Councilman Messer left at 9:55 p.m. Communication from Lawrence Bohnhoff - 6a Communication from Lawrence Bohnhoff, with attached petition relative to CZ sanitary sewer construction, Improvement No. 59-32, was presented to the Council. On motion of Councilman Davis seconded by Councilman Wolfe, the above fix., communication was ordered filed by unanimous vote of six Council Members present. Councilman Messer was absent at the time of voting. Second Reading of Proposed Ord. Vacating Alley Etc. 7a The proposed ordinance Vacating Alley (from Huntington Avenue to Inglewood Avenue between West 31st Street and Highway No. 7), was presented for second reading. It was moved by Councilman Jorvig, seconded by- Councilman Ehrenberg, to defer action on the above to March 2, 1959. Motion passed by unanimous vote of six members of the Council present. Councilman Messer was absent when the vote was taken. Resolution Amending Resolution No. 170 Etc. State Aid Street System - 7b Resolution Amending Resolution No. 170, and Locating, Establishing and Designating Municipal State Aid Street System was presented to the Council. RESOLUTION NO. 768 It was moved by Councilman Jorvig, seconded by Councilman Davis, to waive reading and adopt Resolution No. 768, entitled, "Resolution Locating, Establish- ing, Designating, and Numbering Municipal State Aid Street System, and Amending Resolution No. L70". Motion passed by unanimous vote of six members of the Council present. Councilman Messer was not present when vote was taken. Report of City Activities for January 1959 - 8a Report of City Activities for January 1959 was presented by the City Manager. On hearing no objections the Mayor ordered the above report received for filing. Report of Employee Promotion (Clerk II) 8b The City Manager reported the promotion of Dorothy Chase to the position of Probationary Cleric II in the Assessing Department, effective February 23, 1959. 2 2°4 February 16, 1959 - On motion of Councilman Davis, seconded by Councilman Ehrenberg, the Council III approved the promotion as reported, by unanimous vote of six membert of the Council present. Councilman Messer was absent when vote was taken. Minutes of Planning Commission Meeting - 8c Minutes of Planning Commission Meeting held February 4, 1959 were presented to the Council. On hearing no objections, the Mayor ordered the minutes received for filing. Report of Planning Commission (Case No. 59-1-S) - 8d Report of the Planning Commission (Case No. 59-1-S) recommending favorably upon the request of Sam Segal for approval of preliminary plat of Eaton!s 3rd Addition, was presented to the Council. Sam Segal was present in support of this request. It was moved by Councilman Davis, seconded by Councilman Wolfe, to approve the preliminary plat of Eaton's 3rd Addition. Motion passed by unanimous vote of six members of the Council present. Councilman Messer was not present when vote.was taken. Recommendation of Planning Commission (Case No. 59-15-z) - 8e Recommendation of the Planning Commission (Case No. 59-15-Z) to rezone to Residential Use District those portions of Eaton's 2nd Addition and Eaton's 3rd Addition which are now zoned Open Development Use District was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Jorvig, to defer action on the above recommendation until final plat of Eaton's 3rd Addition is recorded. Motion passed by unanimous vote of six members of the Council present. Councilman Messer was absent when the vote was taken. Report of Planning Commission (Case No. 59-2-V) - 8f Report of the Planning Commission (Case No. 59-2-V) recommending favorably upon the request of Irene Pregl for a variance from provisions of Section 19.18 of the Zoning Ordinance to permit creation of two lots, one with a frontage of 50 feet and 7500 square feet in area, and the other with a frontage of 64 feet and 9600 square feet in area at 3117 Salem Avenue (south 21 .5' of Lot 7, all of Lot 8, and north 12.5' of Lot 9, Auditor's Subdivision #53), was presented -to the Council. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve the variance. Motion passed by a five yea vote, Mayor Herbert P. Lefler abstaining. Councilman Messer was absent when vote was taken. Report of Planning Commission (Case No. 59-3-V) -8g Report of the Planning Commission (Case No. 59-3-V) recommending favorably upon the request of Sam Segal for variance from provisions of Section 19y18 of the Zoning Ordinance to permit the platting of Lots 1 thru 7, Block 2, proposed Eaton's 3rd Addition with a frontage of 73' instead of 75', and to permit the 225 February 16, 1959 platting of Lots 1 and 2, Block 3, proposed Eaton's 3rd Addition with a front- age of 68' instead of 75' was presented to the Council. Sam Segal was present in support of this request. On motion of Councilman Wolfe, seconded by Councilman Owen, the Council approved the variance by unanimous vote of the six members of the Council present. Councilman Messer was not present when the vote was taken. Report df Planning Commission (Case No. 59-4-SP) - 8h CZ Report of the Planning Commission (Case No. 59-L4-SP) recommending favorably upon the request of Charles M. Freidheim for specila permit under -authority of Section 10.3-20 of the Zoning Ordinance to erect a sign 8' x 20' (160 sq. ft. ) at 5220 West 35th,Street, was presented to the Council. Jerome Bylund of Charles M. Freidheim Co. was presentee. RESOLUTION NO. 769 A motion was made by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 769, entitled, "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Loui Park". Motion passed by unanimous vote of the six members of the Council present. Councilman Messer was not present at time of voting. Report of Planning Commission (Case No. 59-5-SP) 8i Recommendation of the Planning Commission (Case No. 59-5-SP) that the re- quest of Charles M. Freidheim for special permit under authority of Section 10.3-18 of the Zoning Ordinance to use the property at Highway No. 100 (east side) between old and new Cedar Lake Road for a public garage, be tabled for thirty days to provide time for State and County consideration, and that the City Council urge that the site be purchased for highway purposes, was presented to the Council. "Jerome Bylund for Charles M. Freidheim Co. was present, also Highway Engineer Pederson. By unanimous consent the request was tabled pending receipt of advice from State or County as to whether they would purchase said site. On motion of Councilman Davis; seconded by Councilman Ehrenberg, the Council voted to concur with the Planning Commission's recommendation and directed the City Manager to urge the State and County Highway- Departments to purchase the site for Highway purposes. Motion passed by unanimous vote of the six Council Members present, Councilman Messer being absent when the vote was taken. Recommendation of Planning Commission (Case No. 59-6-Z) - 8jj Recommendation of the Planning Commission (Case No. 59-6-Z) that the re- quest of Charles M. Freidheim to rezone from Residential and Light Industrial Use District to Commercial Use District, from 22 to 3 Story Height District and from "C", to "D-ti" Density District the property at Highway No. 100 (east side) between Old and new Cedar Lake Road, be tabled for thirty days to provide time for State and County consideration, and that the City Council urge that the 226 February 16, 1959 site be purchased for highway purposes, was presented to the Council Mayor Lefler ordered the report filed. Report of Planning Commission (Case No. 59-7-SP) - 8k Report of the Planning Commission (Case No. 59-7-SP) recommending unfavor- ably upon the request of Phyllis M. Mostrom for special temporary permit (for one year) under authority of Section 10.2-5 of the Zoning Ordinance to operate a small appliance repair as a home occupation in a residential district (Lot 9, Block 1, Cilhoun Addition), was presented to the Council. Mr. Mostrom was present in support of this request. On motion of Councilman Ehrenberg, seconded by Councilman 'Jorvig, the Council voted to deny this request by a five yea vote, Councilman Wolfe voting nay. Councilman Messer being absent when vote was taken. Report of Planning Commission (Case No. 59-8-SP) - 81 Report of the Planning Commission (Case No. 59-8-SP) recommending unfavor- ably upon the request of LeRoy Sign Company for special permit under authority of Section 10.3-20 of the Zoning Ordinance to erect a sign 6' x60' (360 sq. ft. ) at 6530 Cambridge Avenue (Armstrong Contracting Co.), was presented to the Council. On motion of Councilman Jorvig, seconded by Councilman Owen, the Council voted to concur with the Planning Commission's recommendation and deny the request. The motion was lost by the following vote: Voting Aye were Councilman Jorvig, Councilman Owen and Mayor Lefler and Voting Nay were Councilmen Davis, Ehrenberg and Wolfe. • Councilman Ehrenberg moved and Councilman Wolfe seconded, that this matter be reconsidered. Motion passed by unanimous vote of the six Council Members present. Councilman Messer was absent when vote was taken; It was moved by Councilman Jorvig, and seconded by Councilman Owen, that this request be denied. Motion passed by a five yea vote with Councilman Wolfe voting nay. Councilman Messer was not present when vote was taken. Report of Planning Commission (Case No. 59-9-SP) - 8m Report of the Planning Conmissioil (Case No. 59-9-SP) recommending unfavor- ably upon the request of LeRoy Sign Company for special permit under authority Of Section 10.3-20 of the Zoning Ordinance to erect a sign 4' x 20' (80 sq. ft. ) at 3954 Wooddale Avenue (Braatz Chiropratic Clinic) was presented to the Council. Dr. Braatz was present in support of this request. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that this request be denied. Motion passed by a five yea vote, with Councilman Wolfe, abstaining. Councilman Messer was not present at time of voting. 227 February 16, 1959 Report of Planning Commission (Case No. 59-11-SP) - 8n Report of the Planning Commission (Case No. 59-11-SP) recommending favorably upon the request of the City of St. Louis Park for special permit under authority of Section 10.3-20 of the Zoning Ordinance to erect a sign 4' x 20' (80 sq. ft. ) at the City Garage, 5600 St. Louis Avenue, was presented to the Council. On motion of Councilman Jorvig, seconded by Councilman Owen, the Council voted to defer this matter for ninety day. Motion passed by a four aye vote with Councilmen Davis and Wolfe voting nay. Councilmen Messer being absent when vote was taken. Report of Planning Commission (Case No. 58-86-Z) - 8o Co Co Report of the Planning Commission (Case No. 58-86-Z) upon the request of Vincent Johnson to rezone Lots 18, 19 and 20, Block 2, Minikanda Vista 2nd Addition from Residential Use District to Commercial Use District and from "C" to "D" Density District, with the Planning Commission recommending favorably with conditions that the property be rezoned to Limited Commercial Use District and "D-1" Density District, was presented to the Council. Vincent Johnson was present. On motion of Councilman Davis, seconded by Councilman Joryig, the Council voted to defer action until March 2, 1959 waiting the official map of the area from the Director of Public Works. ,Motion passed by unanimous vote of the seven Council Members present. 111 Report of Planning Commission (Case No. 58-126-Z) - 8p Report of the Planning Commission (Case No. 58-126-Z) recommending favorably with conditions upon the request of Kenneth Cronstrom to rezone all that part of Lots 34 and 35, Block 2, Minikanda Vista 2nd Addition lying north 6f the extension westerly of the north line of Lot 7 in said Block 2, to the westerly line of said Lot 3L ( 419-401 West 362 Street) from Residential Use District to Multiple Dwelling Use District, from 22 to 3 Story Height District and from "C" to "D-2" Density District, was presented to the Council. Joseph E. Johnson was present. On motion of Councilman Davis, seconded by Councilman Jorvig, the Council voted to defer action until March 2, 1959 waiting the official map of the area from the Director of Public Works. Motion passed by unanimous vote of the seven Council Members present. Report of Planning Commission (Case No. 58-95-S) - 8q Report of the Planning Commission (Case No. 58-95-S) recommending favorably upon the request of A. W. Lampe for approval of the final plat of Knollwood Terrace, was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to defer action to March 2, 1959. Motion passed by unanimous vote of six mem- bers of the Council present. Councilman Messer was absent at time of voting. Report of Planning Commission (Case No. 58-112-S) - 8r .Report of the Planning Commission (Case No. 58-152-S) recommending favorably upon the request of Zollie Baratz for approval of the final plat of Whitman's Addition (formerly Pinck Addition ). was presented to the Council. 228 February 16, 1959 RESOLUTION NO. 771 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adipt Resolution No. 771, entitled, "Resolution Giving III Final Approval For Plat of Whitman's Addition". Motion passed by unanimous vote of six Council Members present. Councilman Messer being absent when vote was taken. Report of Planning Commission (Case No. 58-125-SP) - 8s Report of the Planning Commission (Case No. 58-125-SP) recommending un- favorably upon the amending request of Nordquist Sign Company for special permit under authority of Section 10.3-20 of the Zoning Ordinance to erect a sign 5' x 60' (300 sq. ft. ) at 8236 Highway No. 7 (National Tea Store), was pre- sented to the Council. Mr. Simonet, representing National Tea Stores, was present. It was_ suggested to change size to 52' x 60' (330 sq. ft. ) RESOLUTION NO. 770 as amended, A motion was made by Councilman Wolfe, sec ed by Councilman Ehrenberg, to waive reading and adopt Resolution No. 770 entitled. "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park, Minnesota". Motion passed by unanimous vote of six members of the Council present. Recommendation of Planning Commission to Adopt Map - 8t III Recommendation of the Planning Commission that the City Council adopt the map marked Exhibit A as the official map of proposed future streets in the area of Block 2, Minikanda Vista 2nd Addition to provide a 70 foot right-of-way to extend 38th Street and to provide a 60 foot right-of-way for the extension of Lynn Avenue, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Jorvig, the Council voted to defer action until March 2, 1959 waiting pfeparation of official map of the area, by unanimous vote of seven Council Members present. Acquisition of Park and Playground Sites - 9a On motion of Councilman Davis, seconded by Councilman Owen, action was deferred on the elimination of Parcel No. 2, Lot 9, Block I , Towles Minnetonka Boulevard Addition from Resolution No. 722 adopted December 22, 1958 until a recommendation is received from the Park & Recreation Commission, and further that the proposed resolution be referred to the Park & Recreation Commission _ for their comments and also their recommendation relative to acquiring access through the Jorvig property. Motion passed by five ayes, Councilman Jorvig abstaining. Councilman Messer was absent when vote was taken. Tabulation of Bid on Used Front End Loader - 9b Tabulation of bid on used front end loader was presented to the Council. III A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, to designate Suburban Sanitary Drayage Company as the lowest responsible bidder, and to authorize the Mayor and City Manager to execute the necessary contact on behalf of the City. Motion passec by unanimous vote of six members of the Council present. Councilman Messer being absent when vote was taken. 229 February 16, 1959 Improvement of County Road 18 In Connection With Improvement of Trunk Highway No. 12 - 9c County Highway Engineer Pederson explained the problem at County Highway 18 and State Highway 12. It was his suggestion that there be some internal roads at this location. The City Manager was requested to make arrangements for a General Meeting of Planners of Plymouth, Golden Valley and St. Louis Park together with the Engineers from said Municipalities for the purpose of working out internal street pattern. 0 Appointment of Regular & Alternate Representatives to Suburban Gas Agency - 9d • A motion was made by Councilman Davis, seconded by Councilman Wolfe, to appoint Councilman Robert Ehrenberg as regular member and City Manager Tom Chenoweth as alternate member to the Suburban Gas Agency for the calendar year 1959. Motion passed by unanimous vote of six Council Members present. Councilman Messer was absent when vote was taken. Approval of Settlement, Drinkwine Vs. City of St. Louis Park - 9e Approval of settlement as authorized, Drinkwine vs. City of St. Louis Park (requested by E. T. Montgomery). A motion was made by Councilman Davis, seconded by Councilman Owen, to approve settlement by payment of $500:00 as recommended by E. T. Montgomery in his memorandum to the City Council dated February 10, 1959. Motion passed by unanimous vote of six members of the Council present. Councilman Messer being absent when vote was taken. 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 February 16, 1959 in the total amounts of $1,525.21 for payroll, and $256,151.93 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. Meeting Adjourned - 13 On motion of Councilman Wolfe, seconded by Councilman Davis, the meeting was adjourned at 12:31 a.m., by unanim,us vote of six -tubers of the Council present. 1 1 / r:-rt P. Le 1-r, May%,r Attest: 11 111 Zaj Josep t'ZI, Secretary