HomeMy WebLinkAbout1959/04/27 - ADMIN - Minutes - City Council - Regular 30
MINUTES OF COUNCIL MEETING - APRIL 27, 1959
A regular meeting of the City Council was called to order by Mayor Pro tem
Jorvig at 8 p. m.
Invocation was given by Rabbi Moses Sachs of the B'nai Abraham Church.
The following Councilmen were present at roll call:
Robert Ehrenberg
Tdrval Jorvig
D. C. Messer
Ed Owen
L") Kenneth Wolfe
Also present were the City Manager, City Attorney, Director of Public
Works and the Secretary.
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Minutes - 4
On motion of Councilman Ehrenberg, seconded by Councilman Messer, the
minutes of meeting Meld April 20, 1959, were approved by unanimous vote of five
members of the Council present.
Public Hearing on Proposed Street Impr. (Paving. Curb El. Gutter) No. 59•.82 - 5a
The Mayor called the hearing at 8 p. m. Daylight Saving Time on the Pro-
posed Street Improvements (paving, curb and gutter) Improvement No. 59-82 as
described in Notice of Hearing published April 16 and 23, 1959.
The City Attorney explained that due to present state of the law at the
close of the Legislative session and the order of the Supreme Court, the time of
official hearings may be subject to later legal question as to whether Daylight
Saving Time or Central Standard Time was the legal time. He advised calling the
hearing at 8 p. m. Daylight Saving Time and without taking testimony, adjourning
the hearing for one until 8 p. m. Central Standard Time and calling and opening
the hearing at that time so that those who might come at 8 p. m. Daylight
Saving Time as well as at 8 p. m. Central Standard Time would have an opportunity
to be heard at the same time.
It was moved by Councilman Ehrenberg, seconded by Councilman Owen, that
the above hearing be adjourned until 9 p. m. Daylight Saving Time. Motion
passed by a five yea vote.
5a
At 9 p. m. Daylight Saving Tithe the Mayor called the hearing on Improve-
ment No. 59-82 anew- and called the adjourned hearing to order.
No one interested in this project was present. -
The Mayor declared the hearing closed.
Public Hearing On Proposed Map Etc. Westmoreland Street and W 36; St. - 5b
The Mayor called the hearing at 8 p. m. Daylight Saving Time, on the
- Proposed Map of proposed street across unplatted territory or over platted and
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April 27, 1959 -
developed territory in St. Louis Park (proposed Westmoreland Street and pro-
posed Westf362 Street) as described in Notice of Hearing published April 9,
1959.
The City Attorney explained that due to present state of the law at the
close of the Legislative Session and the order of the Supreme Court, the time
of official hearings may be subject to later legal question as to whether
Daylight Saving Time or Central Standard Time was the legal time. He advised
calling the hearing at 8 p. m. Daylight Saving Time and without taking testimony,
adjourning the hearing for one hour until 8 p. m. Central Standard Time and call-
ing and opening the hearing at that time so that those who might come at 8 p. m.
Daylight Saving Time as well as at 8 p.-m. Central Standard Time would have an
opportunity to be heard at the same time.
It was moved by Councilman Ehrenberg, seconded by Councilman Owen, that
the above hearing be adjourned until 9 p. m. Daylight Saving Tittle. Motion
passed by a five yea vote.
5b
At 9 p. m. Daylight Saving Time, the Mayor called the hearing anew on the
Proposed Map of proposed street (proposed Westmoreland Street and proposed West
362 Street), and called the adjourned hearing to order. Present and speaking -
in opposition, to the proposed street (Westmoreland Street) were:
H. F. Anderson, 3744 Natchez Avenue
Mrs. Geo Smith, 3811 Huntington Avenue
Dr. Jay Olson, 3801 Huntington Avenue
Harvey Schneider, 3743 Ottawa Avenue
Geo Benson, 3751 Inglewood Avenue
Louis Ward, 3801 Inglewood Avende
Mrs. Gordon Smith, 3805 Inglewood
Mrs. Dorothy Spicer, 3737 Ottawa Avenue
Mrs. H. P. Morris, 4021 West 39th Street
The Mayor declared the hearing closed.
RESOLUTION NO. 843
A motion was made by Councilman Ehrenberg, seconded by Councilman Messer,
to waive reading and adopt Resolution No. 843, entitled, "Resolution To Adopt
and Authorize Publication and Filing of Map of Future Streets or Other Public
Use Proposed Westmoreland Street". Motion passed by unanimous vote of five
members of the Council present.
Communication from Mrs. Florence Bossert (M i C No. 59-14) - 6a -
Communication relative to water condition by Mrs. Florence Bossert
(M & C No. 59-14) was presented to the Council.
It was moved by Councilman Ehrenberg, seconded by Cotjcilman Owen, to
defer action on the above for one week. Motion passed by uanimous vote of five
Council Members present.
Communication from Giller Brothers Liquor Store re: Street Parking — 6b
Communication requesting consideration of street parking problem at
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April 27, 1959 •
4110-Minnetonka Boulevard by Giller Brothers Liquor Store, was presented to
the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe,
to refer the above communication to the City Manager and Director of Public Works
for a study of parking needs of the complete area as soon as possible. Motion
passed by unanimous vote of five members of the Council present.
Communication from Maurice W. Graham for Victor Carlson & Sons. Inc. - 6c
L7 Communication from-Maurice W. Graham for Victor Carlson & Sons, Inc.
relative to public improvements in Gorham Avenue from 2nd Street N. W. to
CD Louisiana Avenue, was presented to the Council.
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el - Present representing Victor Carlson & Sons was Attorney Philip M.
C,1.4 Gerberding. and Mr. Harry Mayeron, Consulting Engineer.
Also present were Carl Carlson and Joe Wright requesting that Sanitary
Sewer Construction be not made on Gorham Avenue between 2nd and 4th Street.
Mr. Dick Ferron of Northern Contracting Company was present also.
It was moved by Councilman Wolfe, seconded by Councilman Messer, that
this problem be referred to the City Manager, City Attorney and Harry Mayeron,
the Consulting Engineer, to talk to the Contractor to see if some solution _
IIIcan be made. Motion passed by-a five yea vote.
Resolution Amending Res. No. 722 Re. Condemnation of Lands for Park Purposes - 7a
Resolution Amending Resolution No. 722 providing for condemnation of cer-
tain lands for park purposes (elimination of a portion of parcels No. 1 (b) and
No. 1 (c) from list of lands to be acquired for park purposes (Lots 3 and 4,
- Block 12, Browndale Park - requested April 20, 1959), was presented to the
Council.
RESOLUTION NO. 844
A motion was made by Councilman Wolfe, seconded by Councilman Messer, to
waive reading and adopt Resolution No. 844, entitled, "Amending Resolution No. 722,
Providing For Condemnation of Certain Lands for Park Purposes". Motion passed by
unanimous vote of five Council Members present.
Resolution Amending Resolution No. 814 Deleting Maryland Ave.Etc. - 7b
Resolution Amending Resolution No. 814 deleting Maryland Ave. from West-
29th Street to Minnetonka Boulevard from Street Improvements, Improvement No.
59-70 (requested April 20, 1959), was presented to the Council.
Councilman Messer said that at a meeting of residents living on Maryland
Avenue from 29th Street to Minnetonka Boulevard, they decided in favor of Perma-
, Ill nent Paving. ,
It was moved by Councilman Messer, seconded by Councilman Wolfe, that the
petition dated April 20, 1959 requesting that Maryland Avenue from 29th Street
to Minnetonka Boulevard be deleted from Improvement No. 59-70, be denied.
Motion passed by unanimous vote of five members of the Council present.
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April 27, 1959
Resolution Approving Plans Etc. Re: Temporary & Permanent St. Surfacing = 7c
Resolution approving plans and specifications and ordering advertisement
for Bids, Improvement Nos. 56-52, 58-3, 58-65, 58-69, 58-70, 59-70, 59-82
(temporary and permanent street surfacing on northside), was presented to the
Council.
RESOLUTION NO. 845
A motion was made by Councilman Messer, seconded by Councilman Wolfe, to
waive reading and adopt Resolution No. 845 as amended, entitled, "Resolution
Approving Plans and Specifications and Authorizing Advertisement forFBids
Improvement Nos. 56-52, 58-3, 58-65, 58-69, 58-70, 59-70 and 59-82". Motion
passed by unanimous vote of five members of the Council present.
Second Reading of Proposed Ord. requested by Vincent Johnson (No. 58-86-Z) - 7d
The proposed ordinance (as amended) Amending the Zoning Ordinance requested
by Vincent Johnson - Case No. 58-86-z) was presented for the second reading.
ORDINANCE NO. 684
A motion was made by Councilman Wolfe, seconded by Councilman Messer, to
waive second reading and adopt Ordinance No. 684, entitled, "An Ordinance Amend-
ing the Zoning Ordinance of the City of St. Louis Park". Motion passed by
unanimous vote of five Council Members present.
Second Reading of Proposed Ord. (Case No. 59-20-Z) - 7e
The proposed ordinance Amending the Zoning Ordinance (Lake Forest Addi-
tion, initiated by Planning Commission, Case No. 59-20-Z), was presented for the
_second reading.
ORDINANCE NO. 685
It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to
waive second reading and adopt Ordinance No. 685, entitled, "An Ordinance Amend-
ing the Zoning Ordinance of the City of St. Louis Park". Motion passed by
unanimous vote of five members of the Council present.
Preliminary Report Requested - 7f
On motion of Councilman Wolfe, seconded by Councilman Messer, the Director
of Public Works was requested to prepare Preliminary Report for Curb & Gutter,
Storm Sewer and Permanent Paving on: -
West 34th Street from Aquila Lane to West Line of Minnehaha Gables Addition,
Aquila Lane from West 34th Street to Boone Avenue,
Motion passed by unanimous vote of five members of the Council present.
-Preliminary Report of Director of Public Works.- Impr. No. 59-11 - 8a
Preliminary report of the Director of Public Works and endorsement of the
City Assessor with respect to petitioned water main, Improvement No. 59-11, was
presented to the Council.
- Phil Starkey was present. He turned in a letter requesting withdrawal of
Petition for water to serve 3858 Brunswick Avenue.
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April 27, 1959 _
- RESOLUTION NO. 846
IIIIt was moved by Councilman Ehrenberg, seconded by Councilman Owen, to
waive reading and adopt Resolution No. 846, entitled, "Resolution Receiving
Reports and Calling Hearing on Improvement No. 59-11" and setting date for
public hearing on May 11, 1959. Motion passed by a five yea vote.
Preliminary Report of Director of Public Works. Impr. No. 59-20 - 8b
Preliminary report of the Director of Public Works and endorsement of
the City Assessor with respect to petitioned sanitary sewer, Improvement No.
59-20, was presented to the Council.
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CZ - - - RESOLUTION NO. 847
® A motion was made by Councilman Ehrenberg, seconded by Councilman Owen,
to waive reading and adopt Resolution No. 847, entitled, "Resolution Receiving
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Reports and Calling Hearing on Improvement No. 59-20" and setting date for
public hearing on May 11, 1959. Motion passed by unanimous vote of five members
of the Council present.
Preliminary Report of Director of Public Works,, Impr. No. 59-54 - 8c
Preliminary report of the Director of Public Works and endorsement of the
City Assessor with respect to sanitary sewer, Improvement No. 59-54, was pre-
sented to the Council.
III Philip Starkey was present. He turned in a letter requesting withdrawal
of Petition for Sanitary Sewer to serve 3858 Brunswick Avenue.
It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that
the Law Department prepare a Resolution abandoning this project, for next week.
Motion passed by a five yea vote.
City Attorney Report No. 15 Covering State Legislation - 8d
City Attorney's report No. 14 covering state legislation introduced
during the period following the last report, was presented to the Council.
It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that
the report be filed and the City Attorney be commended for the splendid service
given the Council during this Legislative Session. Motion passed by unanimous
vote of five members of the Council present.
Tabulation of Bids on Sale of Lots 10. 11 and 12. Block 7 (M & C No. 59-15) - 9a
Tabulation of bids on sale by the City of Lots 10, 11 and 12, Block 7, High
Holborn Addition (M. & C. No. 59-15), was presented to the Council.
A motion was made by Councilman Ehrenberg, seconded by Councilman Owen,
to waive first reading of Ordinance and to set date for second reading on May 4,--
1959. Motion passed by a five yea vote.
Report of Planning Commission (Case No. 59-30-SP) - 9b
Report of the Planning Commission (Case No. 59-30-SP)_Arecommending un-
favorably upon the request of Amco Steel Fence of Minneapolis for special permit
under authority of Section 10.1-7 of the Zoning Ordinance to permit storage of
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April 27, 1959 -
chain link fence in rear of property at 5601-5607 Excelsior Boulevard (de-
ferred from April 13, 1959), was presented to the Council.
A letter 'from Amco Steel Fence Company, requesting the special permit;
be withdrawn, was read.
A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg,
to approve the withdrawal request. Motion passed by unanimous vote of five
members of the Council present.
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 setback of 20
feet instead of required 30 feet at 4348 Dart Avenue (Lot 3, Block 12, Browndale
Park - deferred from April 20, 1959), was presented to the Council.
RESOLUTION NO. 848
It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive
reading and adopt -Resolution No. 848, entitled, "Resolution Denying Variance '
Under Sections 20.4 and 20.5 of the Zoning Ordinance of the City of St. Louis
Park". Motion-passed by a five yea vote.
Report of Planning Commission (Case No. 59-37) - 9d
Report of the Planning Commission (Case No. 59-37) recommending favorably
upon the request by Belt Line Industrial Center, Inc. for termination of drain-
age easement to the City in the Belt Line Industrial Center (deferred from
April 13, 1959), was presented to the Council.
Jim Bylund and Charles M. Freidheim Jr. were present in support of this
request.
It was moved by Councilman Ehrenberg, seconded by Councilman Messer, to
waive first reading of ordinance authorizing sale of drainage easement in Belt
Line Industrial Center, and to set date for second reading on May 4, 1959.
Motion passed by unanimous vote of five members of the Council present.
Appointment of Anthony D. Rhode and Ordahl M. Kittelson - 10a
On motion of Councilman Wolfe, seconded by Councilman Owen, the Council
gave its consent and approval to the City Manager's appointment of Anthony D.
Rhode as Probationary Equipment Operator I in theStreet Department, effective
date, May 4, ,1959 and
Appointment of Ordahl M. Kittelson as Probationary Laborer in the Street
Department, effective date, May 4„1959. Motion passed by a five yea vote.
Damage Claims of Merlin Pickle, Patti Froemming, John Hance, Richard Fayling
and Winfield Brand - lla
A motion was made by Councilmaa Messer, seconded by Councilman Ehrenberg,
to refer the damage claims-of Merlin Pickle, 8215 West 342 Street; Patti M.
Froemming, 2805 Pennsylvania Avenue; John F. Hance, 8214 West 35th Street;
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April 27, 1959
Richard E. Fayling, 3351 Wyoming Avenue; and Winfield J. Brand, 3321 Xylon
III Avenue, to the Law Department for advice and recommendation. Motion passed
by unanimous vote of five members of the Council present.
Verified Claims — 12
On motion of Councilman Ehrenberg, seconded by Councilman Owen, the lists
of verified claims-,prepared by the Director of Finance and presented to the
Council as amended, dated April 27, 1959 in the total amounts of $722.28 for
payroll, and $46,950.79 for vendors were approved, and the City Manager, City
Clerk, and City Treasurer were authorized to issue checks covering same, by
10 unanimous vote of five members of the Council present.
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Meeting Adjourned
ie/ On motion of Councilman Messer, seconded by Councilman Ehrenberg, the
meeting was adjourned to 4:30 p. m. Wednesday, April 29, 1959 at 11:24 p. m.,
by unanimous vote of five members of the Council present.
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III President Pro trvig
Attest:
/ oseph Justa Secretary