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HomeMy WebLinkAbout1959/05/04 - ADMIN - Minutes - City Council - Regular 316 MINUTES OF COUNCIL MEETING — MAY 4. 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. Ralph Erickson of the Prince of Peace Lutheran Church. The following Councilmen _were present at roll call: Robert Ehrenberg 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 Ehrenberg, seconded by Councilman Owen, the min— utes of meetings held April 27, the adjourned meeting held April 29, and the special meeting of April 29, 1959, were approved by unanimous vote of five members of the Council present. , Councilman Jorvig arrived at 8:05 p. m. Councilman Davis arrived at 8:08 p. m. Public Hearing on Proposed Rezoning — Mrs. Agnes Jones (Case No. 59-34—Z) — 5a Public hearing was had on the proposed rezoning of Lots 43, 44, 45, 46, Block 312, Rearrangement of St. Louis Park (3607 — 3611 Texas Avenue) from "Ctt to "D-2" Density District, requested by Mrs. Agnes Jones (Case No. 59-34—Z) . Present in support of this request was Mrs. Vernice Larson, representing Mrs. Agnes Jones. No one was present in opposition. Mayor Lefler declared the hearing closed. A motion was made by Councilman Owen, seconded by Councilman Jorvig, to waive first reading of ordinance and to set the date for second reading on May 11, 1959. Motion passed by unanimous vote of seven members of the Council present. Public Hearing on Proposed Rezoning of Wynn's First Addition Etc.(No. 59-38—Z) — 5b Public hearing was had on the proposed rezoning of Wynn's First Addition from Open Development Use District to Residential Use District (Case No. 59-38—Z)) Council initiated. No one was present. Mayor Lefler declared the hearing closed. 3 'f7 May 4, 1959 It was moved by Councilman Jorvig, seconded by Councilman Messer, to waive first reading of ordinance and to set the date for second reading on May 11, 1959. Motion passed by unanimous vote of seven members of the Council present. Public Hearing on Proposed Rezoning of Oak Hill Manor Etc. (No. 59-39—Z) — 5c Public hearing was had on proposed rezoning of Oak Hill Manor 4th Addition from Open Development Use District to Residential Use District (Case No. 59-39—Z), Council initiated. 'No one was present. CZ CZMayor Lefler declared the hearing closed. A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive first reading of ordinance and to set date for second reading on May 11, 1959. Motion passed by unanimous vote- of seven Council Members present. Public Hearing on Proposed Rezoning (Case No. 59-23—Z) — 5d -Public hearing was had on the proposed rezoning of area of land east of Highway No. 100 and north of the Great Northern Railway, as described in Notice of Hearing published April 16, from Light Industrial Use District to Multiple Dwelling Use District from "C" to "D--3" Density District and from 22 to 3 Story Height District (Case No. 59-23—Z), initiated by the Planning Commission. The communication against rezoning-by Millard T. Wolfram was presented to the Council. Present in opposition were John A. Muirhead who is the attorney represent— ing Don R. Frantz, Don R. Frantz, William Ecoff and A. C. Kavli. R. C. Wentz and Mr. Endres representing the Great Northern Railway were present. Mayor Lefler declared the hearing closed. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the proppsed ordinance be amended by omitting the second and third paragraphs of description and to waive the first reading of ordinance and to set the date for second reading on May 11, 1959. Motion passed by a five yea vote, Council— man Messer voting nay and Councilman Jorvig abstaining. Public Hearing on Proposed Rezoning of Lots 8 i 9. Kavlis Cedarmont Addition --5e Public hearing was had on proposed rezoning of Lots 8 and 9, Block 1, Kavlis Cedarmont Addition, also the northeast corner of Cedar Lake Road and Natchez Avenue as described in Notice of hearing published April 16, 1959, from Commercial Use District to Multiple Dwelling Use District; also proposed rezoning of that area of land at Natchez Avenue and Cedar Lake Road (south side) as described in Notice of Hearing published April 16, 1959, from Commercial Use District to Mul— tiple Dwelling Use District, from "C" to "D-3" Density District and from 21 to 3 Story Height District (Case No. 59-22—Z), initiated by Planning Commission. Present in opposition was C. A. Kavli. Mayor Lefler declared the hearing closed. 318 May 4, 1959 It was moved by Councilman Davis_, seconded by Councilman Wolfe, to waive first reading of the ordinance and to set date for second reading on May 11, 1959. -Motion passed by a seven yea vote. Communication from John E. Eichenlaub. M. D. -- 6a Communication from John E. Eichenlaub, M. D. concerning street paving in St. Louis Park was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that this communication be referred to the Law Department to answer, giving the Law Department opinion, as previously rendered. Motion passed by unanimous vote of seven members of the Council present. Communication from Associated Agencies - 6b Communication from Associated Agencies relative to renewal of Public Liability Insurance, was presented to the Council. It was moved by Iouncilman Davis, seconded by Councilman Ehrenberg, that the City renew the Public Liability Insurance policy with the American Insurance Company. Motion passed by unanimous vote of seven Council Members present. Petition Against Installation of Permanent Paving Etc. by Mr. Fi Mrs. Joe Symons -6c Petition against installation of permanent paving and curb and gutter-on Oregon and Pennsylvania Avenues from Cedar Lake Road south to the Great Northern _ Railway right-of-way by Mr. & Mrs. Joe Symons and others, was presented to the Council. Present in support of this petition were: C. B. Christenson, 2515 Pennsylvania Avenue Neal Cheney Jr., 2510 Pennsylvania Avenue G. M. Michelson, 2517 Oregon Avenue They were given the story on Permanent Paving vs Temporary Paving and it was suggested that they call a meeting of the neighbors and discuss the matter with Councilmen Wolfe and Messer. On motion of Councilman Messer, seconded by Councilman Wolfe, action on this matter was deferred one week to May 11, 1959, by unanimous vote of seven members of the Council present. Resolution Proposing Impr. Etc. Aquila Lane & West 34th Street - 7a Resolution proposing improvements and ordering preparation of report (Aquila Lane and West 34th Street) was presented to the Council. _ RESOLUTION NO. 851 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 851,, entitled, "Resolution Proposing Improvement and Ordering Preparation of Reports on Improvement of Street Sur- facing, curb and gutter, and storm Sewer on Aquila Lane and West 34th Street. Motion passed by a six yea vote, Councilman Jorvig absent from room at time of voting. ' x 3.49• May 4, 1959 Resolution Abandoning -Improvement No. 59-54 - 7b Resolution abandoning Improvement Project No. 59-54 as requested April 27, •3959 was presented to the Council. - RESOLUTION NO. 852 It was moved by Councilman Messer, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No'. 852, entitled, "Resolution Abandoning Improvement Project No. 59-54". Motion passed by a six yea vote, Councilman Jorvig absent from room-when vote was taken. Resolution Calling Hearing Etc. Impr. No. 52-207 - 7c CD CD Resolution calling hearing on_ reassessment of Special Assessments, Improve- ment No. 52-207 (sanitary sewer on Edgewood Avenue, requested March 30, 1959 M & C No. 59-]7) was presented to the Council. C1a RESOLUTION NO. 853 A motion was made by Councilman Davis, seconded by Councilman Wolfe, that the proposed Resolution No. 853, entitled, "Resolution Calling Hearing on Re- assessment of Special Assessments Improvement No. 52-207" be amended by deleting numbers 2725, -2729, 2733, 2737 and 2749 Edgewood Avenue and to waive reading and adopt. Following a discussion, a motion was made by Councilman Davis, seconded by Councilman Messer, for Previous Question. Motion passed by unanimous vote of-seven members of the Council present. Mayor Lefler then called for vote on motion to adopt Resolution No. 853 as amended and same was passed by a seven yea vote. Second Reading of Proposed Ord. Authorizing Conveyance of Title Etc. - 7d The proposed ordinance Authorizing Conveyance of Title to Drainage Ease- ment in Exchange for Acquisition of Title to New Drainage Easement (as amended), was presented for second reading. ORDINANCE NO. 686 A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to waive second reading and adopt Ordinance No. 686, entitled, "An Ordinance Authorizing Conveyance of Title to Drainage Easement in Exchange for Acquisi- tion of Title to New Drainage Easement". Motion passed by unanimous vote of seven members of the Council present. Second Reading of Proposed Ord. Authorizing Sale of Lots 10. 11 and 12 - 7e The Proposed Ordinance Authorizing Sale by the City of Lots 10, 11, and 12, Block 7, High Holborn Addition, was presented for second reading. ORDINANCE NO. 687 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive second reading and adopt Ordinance No. 687, entitled, "An Ordinance Authorizing Sale by the City of Lots 10, 11 and 12, Block 7, High Holborn Addition". Motion passed by a seven yea vote. 3'2 May 4, 1959 Report Relative to Proposed Curb -fa Gut-ter Constr. No. 59-2 — 8a Report relative to-proposed curb and gutter construction, Improvement No. 59-2 by the Director of Public Works as requested April 20, 1959, was pre— sented to the Council. RESOLUTION NO. 854 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 854, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-2". Motion passed by unanimous vote of seven members of the Council present. Report Relative to Proposed Sidewalk Constr. No. 59-4 — 8b Report relative to proposed sidewalk construction, Improvement No. 59-4 by the Director of Public Works as requested April 20, 1959, was presented to the Council. RESOLUTION NO. 855 — A motion was made by. Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 855, entitled, "Resolution Ordering Im— provement and Ordering Preparation of Plans Improvement No. 59-4". Motion passed by unanimous vote of seven Council Members present. Report Relative to Proposed Sidewalk Constr.No. 59-5 — 8c Report relative to proposed sidewalk construction, Improvement No. 59-5 by the Director of Public Works as requested April 20, 1959, was presented to the Council. RESOLUTION NO. 856 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt resolution No. 856, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-5". Motion passed by unanimous vote of seven members of the Council present. Report Relative to Water Treatment — 8d Report relative to water treatment by the City Manager as requested April 27, 1959, was presented to the Council. No action taken. Report Relative to Sanitary Sewer in Gorham Ave. - — 8e —Report relative to sanitary sewer in Gorham Avenue from 2nd Street N. W. to Louisiana Avenue by the City Manager and Consulting Engineer as requested April 27, 1959, was presented to the Council. Present, representing Victor Carlson &' Sons Inc., was Attorney Phil Gerberding. Also present were Harry Mayeron, Consulting Engineer and Contractor Richard Ferron. 321 May 4, 1959 -A letter dated May 4, 1959 from Orr & Schelen Inc. and a letter from Northern Contracting Company dated May 4, 1959 were presented. On motion of Councilman Jorvig) seconded by Councilman Ehrenberg, the request of Victor Carlson & Sons, that the construction of Sanitary Sewer on Gorham Avenue between 2nd and 4th Streets be deleted from the Contract, was denied. Motion passed by a seven yea vote. Consideration of Proposed State Legislation — 9a None proposed: : . CO CD el Proposed Change Order to Sewer Contract with Phelps—Drake (No. 58-3) — 9b Proposed change order to sewer contract with Phelps—Drake (Project No. 58-3, Section B) to add stubs to serve two cul—de—sacs in Westdale Addition, was presented to the Council. It was moved by Councilman Davis, seconded by Councilman Jorvig, to approve and to authorize the City Manager to execute same. Motion passed by unanimous vote of seven members of the Council present. Douglas Rees Suggestion Re. Arrangement of Bass Lake Park — 9c Douglas Rees suggestion regarding arrangement of Bass Lake Park by E. T. ' Montgomery was presented to the Council. A motion was made by Councilman Jorvig, seconded by Councilman Owen, that the Law Department proceed with the condemnation of all such lands as is needed to carry out the original Park Board Plan. Motion pass by unanimous vote of all members of the Council present. Methods of Printing the Ordinance Code — 10a Methods of printing the Ordinance Code (M. & C. No. 59-16) was presented to the Council by the City Manager. It was moved by Councilman Owen, seconded by Councilman Davis, that we concur with the recommendation of the City Manager in the use of stencil negatives and IBM Type in producing supplements to the Ordinance Code. Motion passed by unanimous vote of seven members -of the Council present. Regarding Elliot Anderson — 10b It was reported that Elliot Anderson was working again selling peat etc. On motion of Councilman Davis, seconded by Councilman Jorvig, this matter was referred to the Law Department for investigation and action. Motion passed by unanimous vote of seven members of the Council present. Requests for Constructionoof Local Improvements — 10c In a memo to the City Council the City Manager made the following recommenda— tion for handling Requests for Construction of Local Improvements: 322 May 4, 1959 ' 1. Paving, sidewalk, curb and gutter: Requests for these improve- ments will be filed and will not be scheduled for construction -this year if they are received after today. • 2. Sanitary Sewer, storm sewer, watennain: Requests •for these improvements will be filed until later this year when the desirability and feasibility of an additional contract for 1959 can be considered. This will apply to requests received after today. On motion of Councilman Wolfe, seconded by Councilman Davis, the recommendation of the City Manager for the handling of requests for Construct- ion of Local Improvements, as stated above were approved, by unanimous vote of seven members of the Council present. Damage Claims by Matt J. Chock and L. A. Turcotte - lla A motion was made by Councilman Messer, seconded by Councilman Jorvig, to refer the damage claims of Matt J. Chock, 3325 Xylon Avenue and L. A. Turcotte, Shore Hills, Route 1, Wayzata, to the Law Department for advice and recommenda- tion. Motion passed by unanimous vote of seven members of the Council present. Verified Claims - 12a On motion of -Councilman Ehrenberg, seconded by Councilman Messer, the list, of verified claims prepared by the Director of Finance and presented to the Council, dated May 4, 1959 in the total amount of $6,643.77 for vendors was lir approved, and the City Manager, City Clerk, and City Treasurer were author- ized to issue checks covering same, by unanimous vote of all Council Members present. Payment do ,Contralct-Wolk - 12b On motion of Councilman Davis, seconded by Councilman Wolfe, the following payments on contract work presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks for their respective amount, by unanimous vote of all members of the Council present. Engineers Certificate No. 1 Painting Steel Water Tank -- 2936 : Idaho Contractor -- National Industrial Painters Contract Price - $3,275.76 Amount of this payment - $1,949.08 Meeting Adjourned - 13 On motion of Councilman Davis, seconded by Councilman Wolfe, the meeting was adjourned at 11:30 p. m., by unanimous vote of all membe of the Council present. k • rs-rt P. Le ler, ' ay,'r Attest: oseph Justaf , Secretary