The URL can be used to link to this page

Home My WebLink About1959/04/20 - ADMIN - Minutes - City Council - Regular 298 MINUTES OF COUNCIL MEETING - APRIL 20. 1959 A regular meeting of the City Council was called to order by Mayor Her- bert P. Lefler at 8 p. m. Invocation was given by Father Thurner of the Most Holy Trinity Church. 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, City Attorney, Director of Public Works and the Secretary. Minutes - 4 On motion of Councilman Wolfe, seconded by Councilman Messer, the minutes of meeting held April 13, 1959, were approved by unanimous vote of all members of the Council present. PublicPHearing on Proposed Rezoning of Lot K - Etc. (Case No. 59-20-Z) - 5a Public hearing was had on proposed rezoning of Lot K, Highwood Tract, _ Lake Forest Addition, and Lot One, Block 1, Forest Tract, Lake Forest Addition from Commercial Use District to Residential Use District and from "C" Density District to "A" Density District, initiated by Planning Commission (Case No. 59-20-z) . Present in opposition to the rezoning were: Douglas Rees, 5000 Wayzata Boulevard, who has an interest in Lot K with others. _ D. B. Edwards, pepresenting Pure Oil Co., who are owners of Lot 1. A. C. Godward, representing Pure Oil Co. and' Douglas Rees interests. "� Appearing in favor of rezoning were: Herb. D. Bissell, 4009 South Cedar Lake Road Mrs. John D. Shourt, 2201 Glenhurst Road John G. Moorhead, 2179 Glenhurst Sanford P. Bordeau, 2223 France Ave. South Mrs. Sanford Bordeau, 2223 France Avenue South Mrs. J. Y. Feinstein, 3901 Cedar Lake Road. Mayor Lefler declared the hearing closed. It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive first reading of ordinance and set date for second reading on April 27, 1959. Motion passed by unanimous vote of seven members of the Council present. 2,9 9 April 20, 1959 Public Hearing onsPnoposedpCurb & Gutter Constr. Impr. No. 59-2 - 5b Public hearing was had on proposed curb and gutter construction, Improve- ment No. 59-2, as described in Notice of Healing published April 2 and 9, 1959. Present was Leland E. Gottstein, 4123 Sunset Boulevard, who is in favor of ' this project but- would like to have it extended to include curb and gutter a d- jacent to his property. Mayor Lefler declared the hearing closed. A motion was made by Councilman Davis, seconded by Councilman Jorvig, that Improvement No. 59-2 be referred to the Director of Public Works for - o further study as to soil conditions and the advisability of extending the pro- ject to Sunset Boulevard, for report on May 4th, 1959. Motion passed by a six yea vote, Councilman Ehrenberg voting nay. Public Hearing on Proposed Sidewalk Constr. Impr. No. 59-4 - 5c Public hearing was had on proposed sidewalk construction, Improvement No. 59-4, as described in Notice of Hearing published April 2 and 9, 1959. No one present. Mayor Lefler declared the hearing closed. ' IllIt was moved by Councilman Davis, seconded by Councilman Jorvig, that Improvement No. 59-4 be referred to the a Director of Public Works for further study as to soil conditions and the advisability of extending the project to Sunset Boulevard for report on May 4th, 1959. Motion passed by a six yea vote, Councilman Ehrenberg voting nay. Public Hearing on Proposed Sidewalk Construction. Imps. No. 59-5 - 5d Public hearing was had on proposed sidewalk construction, Improvement No. 59-5, as described in Notice of Hearing published April 2 and 9, 1959. _ Present was Leland E. Gottstein, 4123 Sunset Boulevard, who says he is in favor of this project, but would like to have it extended to include Sidewalk Construction adjacent to his property. Mayor Lefler declared the hearing closed. A motion was made by Councilman Davis, seconded by Councilman Jorvig, that Improvement No. 59-5 be referred to the Director of Public Works for fur- ther study as to soil conditions and the advisability of extending the project to Sunset Boulevard, for report on May 4th, 1959. Motion passed by a six yea _vote, Councilman Ehrenberg voting nay. Public Hearing on Proposed Curb & Gutter Constr. . Impr. No. 59-9 - 5e Public hearing was had on proposed curb and gutter construction, Improve- ment No. 59-9, as described in Notice of Hearing published April 2 and 9, 1959. No one was present. 300 April 20, 1959 Mayor Lefler declared the hearing closed. IIIRESOLUTION NO. 833 - - A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and' adopt Resolution No. 833, entitled, "Resolution Ordering Im- -p-rovement and Ordering Preparation of Plans. Improvement No. 59-9". Motion passed by unanimous vote of seven members of the Council present. Public Hearing on Proposed Sidewalk Constr. . Impr. No. 59-10 - 5f Public hearing was had on proposed sidewalk construction, Improvement No. 59-10, as described in Notice of Hearing published April 2 and 9, 1959. No one was present. Hearing was declared closed by Mayor Lefler. - - RESOLUTION NO. 834 It was moved by Councilman Davis, seconded by Councilman Owen, to waive reading and adopt Resolution No. 834, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-10". Motion passed by unanimous vote of seven Council Members present. Communication relative to Citv's Annual Financial Report by G. M. Hansen - 6a Communication relative to City's annual financial report for the year ended December 31, 1958 by G. M. Hanse, Certified Public Accountant, was pre- sented to the Council. It was moved by Councilman- Ehrenberg, seconded by Councilman Jorvig, to refer this report to Audit, Claims-and Investigation Committee for study and report. Motion passed by unanimous vote of all Council ,Members present. Communication from Mrs. Tillie Stephan -- 6b - Communication, dated April 8, 1959; from Mrs. Tillie Stephan, requesting adjustment of assessment for northside Trunk Sewer, Improvement Project 56-52, was presented to the Council. Mrs. Tillie Stephan was present. On motion of Councilman Wolfe, seconded by Councilman Jorvig, this request was referred to the Law Department for report, by unanimous vote of seven members of the Council present. Communication Relative to Dumping Problem Etc. Between Alabama & Colorado Ave. - 6c Communications relative to dumping problem at site of proposed Meadowbrook Park (between Alabama and Colorado Avenues), was presented to the Council. - Mr. Hodgkinson; 4200 Brunswick Ave., was present and spoke on the situation that exists here. - - - On motion of Councilman Owen, seconded by Councilman Jorvig, this matter 301 April 20, 1959 was referred to Park & Recreation Commission with a request that they give this area consideration for a Long Range Plan and also that the Commission make a recommendation based on such a plan, whether the street sweepings should be continued to-be dumped at this location. Motion passed by a seven aye vote. Petition Requesting Reconsideration Etc. by Irving Aaron -- 6d Petition requesting reconsideration of ordering asphaltic concrete paving and curb -and gutter construction on Maryland Avenue from 29th Street to Minne- tonka Boulevard by Irving Aaron and others;-was presented to the Council. Present in support of this petition were: Irving Aaron, 2937 Maryland Avenue ® Harry Anderson, 2915 Maryland Avenue g Odin M. Myren, 2901 Maryland Avenue Emil Forsberg, 2924 Maryland Avenue On motion of Councilman Messer, seconded by Councilman Jorvig, the Law Department was directed to prepare a resolution for April 27, 1959 to delete Maryland Avenue- from 29th Street to Minnetonka Boulevard from Street Paving Improvement No. 59-70. Motion passed by a six yea vote, Councilman Davis voting , nay. The Petitioners were requested to get together and discuss this matter, so that they would be absolutely certain that they wanted their street deleted from Project No. 59-70. Councilman Messer said he would meet with the group at Harry Anderson's home, 2915 Maryland Avenue on Thursday Evening, April 24, 1959. Resolution Approving Plans Etc. Impr. of Trunk Highway No. 7 (Monk Ave.) - 7a Resolution approving plans and specifications for improvement of Trunk Highway No. 7 (Monk Avenue), was presented to the Council. RESOLUTION NO. 835 - - It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 835, entitled, "Approving Plans and Specifications For Improvement of Trunk Highway 7 Within the Limits of the City of St. Louis Park". Motion passed by unanimous vote of seven members of the Council present. Resolution--Relative to Right-of-Way Encroachments on Highway No. 7 - 7b Resolution relative to right-of-way encroachments on Trunk Highway No. 7, was presented to, the Council. RESOLUTION NO. 836 A motion was made by Councilman Ehrenberg, seconded by Councilman Messer, to waive reading and adopt Resolution No. 836, entitled, "Relative TotRight Of Way Encroachments On Trunk Highway 7". Motion passed by unanimous vote of seven members of the Council present. Resolution Approving Plans Etc. Trunk Highway No. 12 (Highway No. 18) - 7c Resolution approving plans and specifications for Improvement of Trunk Highway No. 12 (at County State Aid Highway No. 18), was presented to the Council. 302 April 20, 1959 - RESOLUTION NO. 837 A motion was made by Councilman Wolfe, seconded by Councilman Davis, to waive reading and adopt Resolution No. 837, entitled, "Approving Plans andIII Specifications for Improvement of Trunk Highway 12 Within the Limits of the City of St. Louis Park". Motion passed by unanimous vote of all members of'' "he '- Council present. -Resolution Relative to Right—of—Way Encroachments on Highway No. 12 — 7d Resolution relative to Right—of—Way Encroachments on Trunk Highway No. 12, was presented to the Council. RESOLUTION NO. 838 A motion was made by Councilman Messer, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 838, entitled, "Relative to Right Of Way Encroachments On Trunk Highway 12". Motion passed by unanimous vote of seven Council Members present. - Resolution Approving Plans Etc. Highway No. 100 (At G.N.R.R.) -- 7e Resolution Approving Plans and Specification for Improvement of Trunk Highway No. 100 (at G. N. R. R.), was presented to the Council. RESOLUTION NO. 839 It was moved by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 839, entitled, "Approving Plans and Specifi— cations for Improvement of Trunk Highway 100 Within the Limits of the City of III St. Louis Park". Motion passed by unanimous vote of all Council Members present. Resolution Relative to Right—of—Way Encroachments on Highway No. 100 — 7f Resolution relative to right—of—way encroachments on Trunk Highway No. 100, was presented to the Council. RESOLUTION NO. 840 A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 840, entitled, "Resolution Relative to Right of Way Encroachments on Trunk Highway 100". Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Vacating Portion of W 35th Street -- 7p The proposed ordinance Vacating a Portion of West 35th Street, was pre— sented for second reading. r•- ., ORDINANCE NO. 682 It was moved by Councilman Wolfe, seconded by Councilman Davis, to waive second reading and adopt Ordinance No. 682, entitled, "An Ordinance Vacating a Portion of West 35th Street". Motion passed by unanimous vote of seven members of the Council present. IIISecond Reading of Proposed Ord. Changing Name of St. Louis Ave. to W 35; St. — 7h The proposed ordinance Changing the Name of St. Louis Avenue to West 352 Street, was presented for second reading. 303 April 20, 1959 ORDINANCE NO. 683 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive 2nd reading and adopt Ordinance No. 683, entitled, "An Ordinance Changing the Name of St. Louis Avenue to West 352 Street". Motion passed by unanimous vote of all mem- bers present. Minutes of Parks FY Recreation Advisory Commission Meeting. 4-14-59 - 8a Minutes of Parks and Recreation Advisory Commission meeting held April 14, 1959, with recommendation relative to proposed park development in Browndale LrZ area, were presented to the Council. CD As his office had an interest in this matter, Mayor Herbert P. Lefler • cL turned the chair over to Councilman Torval Jorvig during consideration of this .e2 matter. Cbr Present in support of deleting Lots 3 and 4, Block 12, Browndale Park, except the westerly 30 feet thereof from the Park Lands Condemnation proceedings were: C. J. Hoover, owner of Lot 3 Ward B. Lewis, representing C. J. Hoover Don Galloway, owner of Lot 4 - Present in opposition to deletion was Roger Kobs, 4363 Dart Avenue. A motion was made by Councilman Messer, seconded by Councilman Owen, that the Council accept the recommendation of Doell and Corwine, and request the Law Department to prepare Resolution taking Lots 3 and 4, Block 12, Browndale Park from Park Lands Condemnation Proceedings with the exception of the West- erly 30 feet of both lots. Motion passed by a seven yea vote. Report No. 13 Covering State Legislation -- 8b City Attorney's report No. 13 covering state legislation introduced during the period following the last report, was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that the Council go on record as opposing S. F. No. 1621. Motion passed by unanimous vote of seven Council Members present. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, that the Council go on record as opposing S. F. No. 1622. Motion passed by a seven yea vote. A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, that the Council go on record as supporting H. F. No. 1756. Motion passed by unanimous vote of all Council Members present. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the Council go on record as opposing H. F. No. 1759. Motion passed by a seven yea vote. 304 April 20, 1959 RESOLUTION NO. 841 A motion was made by Councilman Messer, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 841, entitled, "Approving Proposed Law Authorizing Cities and Villages to Regui to Rate of Certain Public Service Corporations Jointly H. F. 1762". Motion passed by a seven yea vote. It was moved by Councilman Ehrenberg, seconded by Councilman Jorvig, that the Council go_on_record as supporting H. F. No. 1767. Motion passed by unanimous vote of all members of theXouncil present. A motion was made by Councilman Wolfe, seconded by Councilman Messer, that the Council go on record as supporting H. F. No. 1785. Motion passed by unani- mous vote of seven members of the Council present. Financial Report of City for March 1959 - 8c Financial report of the City for March 1959 was presented to the Council by the City Manager. Mayor Lefler ordered the report filed. 1•f� Report of Planning Commission (Case No. 59-12-SP)' - 9a Report of the Planning Commission (Case No. 59-12-SP) recommending favor- ably with conditions upon the request of Socony Mobile Oil Company for special permit under authority of Section 10.3-18 of the Zoning Ordinance to construct a service station on the southeast corner of Highway No. 7 and Monk Avenue (deferred from March 16, 1959), was presented to the Council. Mr. Baskerville, representing Socony Mobile Oil Company, was present in support of this request. Letter dated April 14, 1959 from the State Highway Department was considered. RESOLUTION NO. 842 It was moved by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 842, entitled, "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park" and - the City Clerk was directed to send a copy of the Resolution to the State High- way Department. :, r Before vote was taken, there was a discussion. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, for Previous Question. Motion passed by a seven yea vote. Mayor Lefler stated original motion which was passed by a six yea vote, Councilman Ehrenberg voting nay. Councilman Ehrenberg made a motion that we withhold issuing the permit for thirty days. Motion was declared lost for want of a second. Consideration of Proposed State Legislation - 9b None to consider. 305 April 20, 1959 Report of Planning Commission (Case No. 58-97-V) - 9c Report of the Planning Commission (Case No. 58-97-V) recommending un- favorably upon the request of Tuscany Construction Company for variance under authority of Section 20.4-6 of the.Zoning Ordinance to permit a setback of 20 feet instead of the required 30 feet at 4348 Dart Avenue (Lot 3, Block 12, Browndale Park - deferred from December 15, 1958), was presented to the Council. A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, that action be deferred one week to April 27, 1959. , Motion passed by unanimous vote of all Council Members present. s7 - - C� Purchase of Annual Requirements of Street Materials - 10a On motion of Councilman Davis, seconded by Councilman Ehrenberg, the pur- chase of the annual requirements of street materials was approved by unanimous 44 44 vote of seven members of the Council present. Acceptance of Deeds Etc. for Widening 36th St. -- lOb Deeds from Douglas and Maxine V. Rees, Richard B. and Evelyn V. Thompson, and Walter H. and Eleanor A. Richter, for widening 36th Street between Kipling Avenue and Excelsior Boulevard, were accepted. It was moved by Councilman Messer, seconded by Councilman Jorvig, to accept deeds and to authorize the City Attorney to record same. Motion passed by unanimous vote of seven members of the Council present. Re: Appointment of Walter L. Bush. Jr. to Planning Commission - 10c Recommendation of the Mayor of the appointment of Walter L. Bush, Jr. to the Planning Commission effective May 1, 1959 to serve the unexpired term of L. P. Pederson ending February 7, 1961, was presented to the Council. On motion of Councilman Davis, seconded by Councilman Owen, the appoint- ment was approved by unanimous vote of all Council Members present. Oral Complaint Re. Hazardous Condition of House at 2632 Idaho Avenue - 10d Mort Brooks, 2625 Jersey Avenue made the complaint that the condition of building made it very hazardous for children. The City Manager said that the City is aware of this situation and are working to remedy it. Report of Attorney E. T. Montgomery - 10e Mr. Montgomery made an oral report on the status of the Danbury Case. No action taken. - Report on Concemnation for Park Purposes - 10f Mr. Montgomery made an oral report on the status of said proceedings particularly as it related to Bass Lake and Westmoreland Park areas. No action taken. 30'6._ April 20, 1959 Resetting Date of Hearing for Rezoning — Agnes Jones — lOg Resetting date of hearing for-Rezoning of Lots 43, 44, 45, 46, Block 312, Rearrangement of St. Eoufs Park, due to error in publication, was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Wolfe, that May 4th, 1959 be set as date for hearing on the application of Agnes Jones to rezone Lots 43, 44, 45, 46, Block 312, Rearrangement of St. Louis Park from "C" Den--- s'ity District to "D-2" Density District. Motion passed by a seven yea vote. Damage Claims (Messrs Libby.. Congdon. Anderson. Harding & Andre) — lla A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to refer the damage claims of LeRoy H. Libby, 8214 West 34 Street; Dale R. Congdon, 3314 Xylon Avenue; John R. Anderson, 3320 Wyoming Avenue; W. W. Harding, 3425 Wyoming Avenue; Harry P. Andre, 3340 Wyoming Avenue to the Law Department. Motion passed by unanimous vote of all members of the Council present. • Verified Claims — 12 On motion of Councilman Ehrenberg, seconded by Councilman Owen, the list of verified claims prepared by the Director of Finance and presented to the Council, dated April 20, 1959 in the total amount of $29,834.52 for vendors was 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. Meeting Adjourned — 13 On motion of Councilman Wolfe, seconded by Councilman Messer, the meeting was adjourned at 12:25 a. m. , by unanimous vote of all members of the Council Present. � 1 _ _ _ : At . _ -°""r1 .--rt i P. Le e Attest: el Joseph J tad; ,secretary