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HomeMy WebLinkAbout1959/05/18 - ADMIN - Minutes - City Council - Regular 330 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 18, 1959 1. CALL TO ORDER. A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8:00 p.m. 2. INVOCATION. Invocation was given by Rev. Victor Quello of the Westwood Lutheran Church. 3. ROLLCALL. The following Councilmen were present at roll call: H. C. Davis Robert Ehrenberg Torval Jorvig D. C. Messer Ed Owen Kenneth Wolfe H. P. Lefler Also present were the City Manager, City Attorney, Director of Public Works and the Acting Secretary. 4. MINUTES. On motion of Councilman Jorvig, seconded by Councilman Wolfe, the minutes of meeting held May 11, 1959, were approved by unanimous vote of seven members of the Council present. 5. PUBLIC HEARINGS. (a) PROPOSED REASSESSMENT OF SANITARY SEWER CONSTRUCTION, IMPROVEMENT NO. 52-207, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED MAY 7 AND 14, 1959. Mayor Lefler opened the public hearing on this matter. No one appeared. The Mayor declared the hearing closed. On a motion by Councilman Messer, seconded by Councilman Jorvig, the Law Department was instructed to prepare a resolution ordering the reassessment. 330 331 A motion was made by Councilman Davis, seconded by Councilman Messer, to amend the main motion to eliminate from inclusion in the resolution to be prepared, those lots which are not connected to the city sanitary sewer: namely, Lots 16, 19, and 20, Block 6, and Lot 9, Block 7, al] in Park Manor Addition. The motion was passed by unanimous vote of seven members of the Council present. A vote was then taken on the main motion which was passed by a seven yea vote. CJ0 6. PETITIONS, REQUESTS AND COMMUNICATION. O (a) COMMUNICATION FROM LEO DORFMAN FOR RICHARD J. WESTLING CONCERNING C=e CURB AND GUTTER IN WEST LYNN THIRD ADDITION. Mr. Richard J . Westling, and Mr. Leo Dorfman, his attorney, were - present and explained more fully the statements made in Mr. Dorfmants letter to the City Manager, dated May 11, 1959. A motion was made by Councilman Davis, seconded by Councilman Messer, to refer the request to the Law Department for a report on May 25, 1959 as to the rights of the City to delete work from a contract, and to refer the matter to the City Manager for a conference with the contractor involved for report on May 25, 1959. The motion was passed by a seven yea vote. 7. RESOLUTIONS AND ORDINANCES. (a) RESOLUTION COMMENDING C.C. LUDWIG, EXECUTIVE SECRETARY OF THE LEAGUE OF MINNESOTA MUNICIPALITIES UPON HIS SERVICES AND CONTRIBUTIONS IN THE CAUSE OF MUNICIPAL GOVERNMENT AT THE TIME OF HIS RETIREMENT. Resolution No. 862 A motion was made by Councilman Davis, seconded by Councilmann Ehrenberg, to waive reading and adopt Resolution No. 862 entitled "Resolution Commending C.C. Ludwig, Executive Secretary of the League of Minnesota Municipalities Upon His Services and Contributions in the Cause of Municipal Government at the Time of His Retirement." The motion was passed by a seven yea vote. (b) RESOLUTIONS AOMMENDING R.N. RUEDLINGER FOR SERVICE ON THE CITY PLANNING COMMISSION. Resolution No. 863 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 863 entitled 331 3 32 1\as "Resolution Commending R. N. Ruedlinger for His Service on the City Planning Commission." The motion was passed by a seven yea vote. (c) RESOLUTION COMMENDING L. P. PEDERSON FOR SERVICES AS A MEMBER AND ' AS CHAIRMAN OF THE PLANNING COMMISSION. Resolution No. 864 A motion was made by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 864 entitled "Resolution Commending L. P. Pederson for Services as a Member and as Chairman of the Planning Commission." The motion was passed by a seven yea vote. (d) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR SOUTH— WEST SANITARY SEWER, IMPROVEMENT NO. 59-32. A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to defer this matter to May 25, 1959. The motion was passed by a seven yea vote. (e) FIRST READING OF PROPOSED ORDINANCE PROHIBITING DRIVING MOTOR VEHICLES WITH DRIVER'S VISION OBSTRUCTED. A motion was made by Councilman Davis, seconded by Councilman Messer, to waive first reading of this ordinance and to set date for second reading on May 25, 1959. The motion was passed by a seven yea vote. (f) FIRST READING OF PROPOSED ORDINANCE DESIGNATING WARD BOUNDARIES FOR ST. LOUIS PARK (REQUESTED FEBRUARY 23, 1959) . A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to defer this matter to May 25, 1959. The motion was passed by a seven yea vote. (g) FIRST READING OF PROPOSED ORDINANCE REGULATING CONSTRUCTION OF BUILDINGS; AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO THE BUILDING CODE, SECTION 5:115 ENTITLED, "ADOPTION OF UNIFORM BUILDING CODE BY REFERENCE"; AND ADOPTING BY REFERENCE PORTIONS OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CODE, ENTITLED "UNIFORM BUILDING CODE, 1958 EDITION." 332 333 A motion was made by Councilman Owen, seconded by Councilman Davis, to waive first reading of this ordinance, set date for second reading on June 1, 1959, and refer the ordinance to the Ordinance Review Committee for report on June 1, 1959. The motion was passed by a seven yea vote. (h) FIRST READING OF PROPOSED ORDINANCE REGULATING KEEPING OR CONSUMPTION OF INTOXICATING AND NON—INTOXICATING MALT BEVERAGES IN MOTOR VEHICLES �� ON PUBLIC HIGHWAYS. CDCD A motion was made by Councilman Wolfe, seconded by Councilman Owen, to waive first reading of this ordinance and to set date for second reading on May 25, 1959. The motion was passed by a seven yea vote. 8. REPORTS OF OFFICERS: BOARDS AND COMMITTEES (a) MINUTES OF PLANNING COMMISSION MEETING HELD MAY 6, 1959, AND OF THE SPECIAL MEETINGS HELD APRIL 22, 1959 AND MAY 6, 1959. On hearing-no objections, Mayor Lefler ordered the minutes received for filing. (b) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-24—S) RECOMMENDING FAVORABLY UPON THE PRELIMINARY AND FINAL PlyAT OF BURMASTER'S ADDITION; ALSO REPORT OF THE DIRECTOR OF PUBLIC WORKS RELATIVE TO IMPROVEMENTS. Mr. W. M. Burmaster, the applicant, was present. A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to approve the preliminary plat of Burmaster's Addition. The motion was passed by a seven yea vote. { Resolution No. 865 A motion was made by Councilman Jorvig, seconded by Councilman Messer, to waive reading and adopt Resolution No. 865, entitled "Resolution Giving Final Approval for Plat of Burmaster's Addition." The motion was passed by a seven yea vote. (c) 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 AND HEAVY INDUSTRIAL USE DISTRICTS (DEFERRED FROM FEBRUARY 16, 1959) . 333 33:4 A motion was made by Councilman Ehrenberg, seconded by Councilman Messer, to set date for public hearing on the requested rezoning for June 1, 1959. The motion was passed by a seven yea vote. (d) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-43-S) RECOMMENDING FAVORABLY UPON THE REQUEST OF FLORENCE E. JOING FOR APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF DOING'S ADDITION. Mrs. Florence E. Joing, the subdivider, was present. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to approve the preliminary plat of Joing's Addition. The motion was passed by a seven yea vote. Resolution No. 866 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 866, entitled "Resolution Giving Final Approval for Plat of Joing's Addition." The motion was passed by a seven yea vote. (e) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-41-SP) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF LEROY SIGN COMPANY FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORDINANCE TO PAINT A ;SIGN '8;3cbOt 'ON SItDE OF BUILDING AT 6300 WEST LAKE STREET. A motion-was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to deny the request. After some discussion, Councilman Davis moved the Previous Question on the main motion and Councilman Jorvig seconded the motion. The motion was passed by a seven yea vote. The motion to deny the request was then put to a vote and was passed by four yeas and three nays, Councilmen Messer and Wolfe and Mayor Lefler voting nay. (f) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-42-SP) RECOMMENDING FAVORABLY UPON THE REQUEST OF DAHLEN SIGN COMPANY FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORDINANCE TO ERECT A SIGN 30"x57' AT 7401 WALKER STREET (RODGERS HYDRAULIC). Mr.-Richard Dahlen of Dahlen Sign Company was present in support of the request. Resolution No. 867 A motion was made by Councilman Ehrenberg, seconded by 334 3,3 5 • Councilman Messer, to waive reading and adopt Resolution No. 867, entitled "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park." 'The motion was passed by a seven yea vote. (g) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-44-V) RECOMMENDING FAVORABLY UPON THE REQUEST OF WM. C. COOKSEY FOR VARIANCE UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORDINANCE OF 10 FEET TO REAR PROPERTY LINE AND 5 FEET TO UTILITY (OVERHEAD) EASEMENT INSTEAD OF REQUIRED 25 FEET, TO PERMIT CONSTRUCTION OF GARAGE AND C0 FAMILY ROOM AT 2500 XYLON AVENUE. CD e - Mr. William C. Cooksey was present in support of his request. A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to approve the variance as requested. The motion was passed by a seven yea vote. (h) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-45-V) RECOMMENDING FAVORABLY UPON THE REQUEST OF HERBERT 0. BEATTY FOR VARIANCE UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORDINANCE TO WAIVE SIDE- YARD SETBACK TO ONE FOOT FROM NORTH LOT LINE TO PERMIT ENLARGING PRESENT GARAGE AT 4370 GLENN PLACE. Mr. Herbert 0. Beatty was present in support of his request. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to approve the variance as requested. The motion was passed by a seven yea vote. (i) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-46-SP) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF PHILLIP H. WAGNER, JR. FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-25 OF THE ZONING ORDINANCE TO PERMIT ERECTION OF AN OPEN AIR FRUIT AND VEGETABLE MARKET AT 7007 WALKER STREET (LOTS 4-7 INCL., BLOCK 187), REARRANGEMENT OF ST. LOUIS PARK. Mr. Phillip H. Wagner, Jr., was present in support of his request. A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to concur in the recommendation of the Planning Commission and deny the request. The motion was passed by a seven yea vote. 335 336 1 (j) RECOMMENDATION OF THE PLANNING COMMISSION THAT THE STATE HIGHWAY DEPARTMENT BE REQUESTED TO ESTABLISH A METHOD OF LIMITING ACCESS IN THOSE AREAS ALONG HIGHWAY NO. 7 WHERE SERVICE ROADS DO NOT EXIST IN ST. LOUIS PARK. A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to refer this matter to the Highway Committee for discussion with E. J. McCubrey, the District Engineer at the next committee meeting. The motion was passed by a seven yea vote. (k) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-49—Z) RECOMMENDING FAVORABLY UPON THE REQUEST OF OSCAR A. OLSON TO REZONE FROM RESIDENTIAL TO MULTIPLE DWELLING USE DISTRICT, FROM "C" TO "D-2" DENSITY DISTRICT, AND FROM 22 to 3 STORY HEIGHT DISTRICT THE PROPERTY AT 3550 HUNTINGTON AVENUE. Mr. Richard A. Jones and Mr. Oscar Olson, the applicant, were present. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to set_date for public hearing on the requested rezoning for June 1, 1959. The motion was passed by a seven yea vote. (1) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-50—SP) RECOMMENDING FAVORABLY UPON THE REQUEST OF MACEY SIGNS INC. FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORDINANCE TO ERECT A SIGN 8/x111 AT 4920 EXCELS IOR BOULEVARD. Mr. John Holten of Macey Signs Inc. was present in support of the request. Resolution No. 868 A motion_was made by Councilman Davis, seconded by Councilman Owen, to waive reading and adopt Resolution No. 868 entitled "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park." The motion was passed by a seven yea vote. (m) RECOMMENDATION OF THE PLANNING COMMISSION THAT THE NAME .OF WEST 392 STREET BETWEEN COLORADO AVENUE AND DAKOTA AVENUE BE CHANGED TO WEST 39tt STREET. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to waive the first reading of the ordinance entitled "An Ordinance Changing the Name of West 392 Street to West 39th Street," and to set date for second reading on May 25, 1959. The motion was passed by a seven yea vote. 336 33 7 (n) kECAMMENDAT YOM OE 'THE: PLANN-INC:•COMM ISS'IO 1V1 ETAS E:40-' 59=51:1VAC)-THAT THE QUIT CLAIM DEED ACCEPTED BY THE CITY ON FEBRUARY 13, 1953 TO PROVIDE ACCESS FROM TRUNK HIGHWAY NO. 100 TO OFFICE CITY BE RECONVEYED TO THE GRANTOR. Present in support of the request were: Robert P. Boblett, A. D. Strong Co., Oscar Husby and John Thompson of Office City Inc., and Lawrence Nelson, attorney for Office City Inc. A motion was made by Councilman Wolfe, seconded by Councilman 9rJ Ehrenberg, to waive first reading of the ordinance entitled "Ordinance Authorizing Execution of Deed to Transfer Tract Back to Successor to CD Donor, Office City, Inc.," and to set date for second reading on May 25, 1959. The motion was adopted by a seven yea vote. d GLe (o) RECOMMENDATION OF THE PLANNING COMMISSION (CASE NO. 59-52-Z) THAT THE PROPERTY ON CEDAR LAKE ROAD BETWEEN COLORADO AVENUE AND BRUNSWICK AVENUE NOW ZONED COMMERCIAL USE DISTRICT, BE REZONED TO, RESIDENTIAL USE DISTRICT. A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to set date for public hearing on the recommended rezoning for June 1, 1959. The motion was passed by a seven yea vote. 111 (p) FINANCIAL REPORT OF THE CIT-Y FOR APRIL 1959 - BY THE CITY MANAGER. On hearing no objections, Mayor Lefler ordered the above- noted report received for filing. (q) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO PETITIONED GRADING AND INCIDENTAL STORM SEWER, IMPROVEMENT NO. 59-18 (DEFERRED FROM APRIL 6, 1959) . Mr. Harry B. Mankoff was present. Resolution No. 869 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 869, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-18" for June 8, 1959. The motion was passed by a seven yea vote. (r) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO PETITIONED WATER MAIN, 337 33.8 -IMPROVEMENT NO. 59-16 (DEFERRED FROM APRIL 6, 1959) . Mr. Harry B. Mankoff was present. Resolution No. 870 A motion was made by Councilman Ehrenberg, seconded by Councilman Davis, to waive reading and adopt Resolution No. 870, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-16" on June 8, 1959. The motion was passed by a seven yea vote. 9. UNFINISHED BUSINESS (a) EXCAVATION OF EARTH BY ELLIOT ANDERSON ON HIS PROPERTY SOUTH OF WAYZATA BOULEVARD BETWEEN DAKOTA AND HAMPSHIRE AVENUES. Mr. Charles Duepner, 1650 Edgewood Avenue, appeared to ask what has been done to stop Elliot Anderson's activities. The City Manager stated that this matter had been referred to the Law Department. The City Attorney asked Mr. Duepner to see him in his office for a discussion of this problem. 10. NEW BUSINESS (a) APPOINTMENT OF TWO CLERKS I. On a motion by Councilman Davis, seconded by Councilman Ehrenberg, the City Council gave its consent and approval to the City Manager's appointment of Kathleen Hanson as Probationary Clerk I in the Accounting Department effective June 8, 1959, and Shirley Christensen as Probationary Clerk I in the Law Department, effective May 18, 1959, by unanimous vote of seven members of the Council present. - (b) ACCEPTANCE OF DEED FROM HARRY B. MANKOFF FOR DRAINAGE EASEMENT ON WEST SIDE OF RALEIGH AVENUE BETWEEN 28th AND 29th STREETS (LOTS 24,25, 26, 27, BLOCK 1, LATHAM'S MINNETONKA BOULEVARD TRACT). A motion was made by Councilman Davis, seconded by-Councilman Jorvig, to accept the deed subject to approval by the City Attorney, and to authorize the City Attorney to record it. The motion was passed by a seven yea vote. 338 339 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Dale C. Swain, Jr., 8211 W. 342 Street 2. Coleman A. Berge, 8220 W. 35th Street 3. Mrs. Lawrence Stramme, 8204 W. 342 Street A motion was made by Councilman Messer, seconded by Councilman Wo]fe, to refer the above claims to the Law Department for advice L.� and recommendation. The motion was passed by a seven yea vote. CD et C-14 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Davis, seconded by Councilman Owen, the' list of verified claims prepared by the Director of Finance and presented to the Council, dated May 18, 1959 in the total amount of $4,559.15 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. (b) PAYMENT ON CONTRACT WORK On motion of Councilman Messer, 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 amount, by unanimous vote of seven members of the Council present. Final Payment — Curb and Gutter — 57-54, 55 E0 57 Contractor — Victor Carlson and Sons, Inc. Contract Date: September 9, 1957 Amount of this payment: $5,694.73 13. MEETING ADJOURNED On motion of Councilman Davis, seconded by Councilman Messer, the meeting was adjourned at 10:32 p.m., by unanimous vote of seven members of the Council present. 111 Attest: / dfr' •rb: t P. Lef er, ay. . Alliga �1 ./5 /t ichael'S. Lenrow, -'cting Secy. 339