The URL can be used to link to this page

Home My WebLink About1959/06/01 - ADMIN - Minutes - City Council - Regular 349 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JUNE '),1959 1. CALL TO ORDER. A regular meeting of the City Council was called to order by Mayor Lefler at 8:00 p.m. 2. INVOCATION. Invocation was given by Rev. Jay Anderson of the Aldersgate Methodist Church. CZ C 3. ROLL CALL. :z.a 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, Supervisor of Zoning and Inspection, and the Secretary. 4. MINUTES. On motion of Councilman Messer, seconded by Councilman Jorvig, the minutes of meeting held May 25, 1959, were approved by a seven yea vote. 5. PUBLIC HEARINGS. (a) PROPOSED REZONING OF PROPERTY AT 3550 HUNTINGTON AVENUE FROM RESIDENTIAL USE DISTRICT TO MULTIPLE DWELLING USE DISTRICT, FROM "C" TO "D-2" DENSITY DISTRICT, AND FROM 22 TO 3 STORY HEIGHT DISTRICT, REQUESTED BY OSCAR A. OLSON (CASE NO. 59-49—Z) . • Mayor Lefler opened the public hearing on this matter. No one appeared in opposition. R. Jones representing Mr. Olson, the petitioner, was present. Mayor Lefler declared the hearing closed. 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 June 8, 1959. The motion was passed by a seven yea vote. 349 3 510 Council Minutes - June 1, 1959 (b) PROPOSED REZONING OF ALL THOSE PORTIONS OF EATON'S 2nd ADDITION AND EATON'S 3rd ADDITION NOW LYING WITHIN THE OPEN DEVELOPMENT AND HEAVY INDUSTRIAL USE DISTRICTS TO RESIDENTIAL USE DISTRICT, INITIATED BY PLANNING COMMISSION (CASE NO. 59-15-Z). Mayor Lefler opened the public hearing. No one appeared in opposition, but a letter in opposition from Phillippi Equipment Company, dated May 28, 1959, was on file. Present in favor of the zoning as proposed were Maynard Johnson, 2551 Xenwood Avenue; Mrs. Max Weingarden, 2554 Xenwood Avenue; George, C. Hoops, 2564 Xenwood Avenue. Mayor Lefler declared the hearing closed. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive first reading of ordinance and to set date for second reading on June 8, 1959. The motion was passed by a seven yea vote. (c) PROPOSED REZONING OF PROPERTY ON CEDAR LAKE ROAD BETWEEN COLORADO AND BRUNSWICK AVENUES FROM COMMERCIAL USE DISTRICT TO RESIDENTIAL USE DISTRICT, INITIATED BY PLANNING COMMISSION (CASE NO. 59-52-Z) . Mayor Lefler left the chair, , due to a special interest in this matter, and Councilman Jorvig took the chair to conduct this hearing, and opened the public hearing on this matter. Present in opposition to the rezoning were Attorney John Yngve, representing Mr. and Mrs. Meyers, 6300 Cedar Lake Road; Charles C. Waiss, 2519 Joppa, owner of Lot 9, Block 4, Thorpe Bros. University Club Addition; Mr. and Mrs. Donald E. Dietz, 6206 Cedar Lake Road; Harold Everts, representing Lithium Corp. Attorney Yngve presented a petition in favor of the use being made by John C. Meyers, 6300 Cedar Lake Road, of his property. Petition signed by E. S. Huseman, 1840 Colorado Avenue and others. In favor of the rezoning was W. E. Linner, 6312 West Franklin Avenue. Chairman Jorvig declared the hearing closed. A motion was made by Councilman Ehrenberg, seconded by Councilman Owens, to waive first reading of ordinance and set date for second., reading on June 8, 1959. After considerable discussion, a motion was made by Councilman Davis, seconded by Councilman Ehrenberg, calling for Previous Question. The motion was passed by a six yea vote. Chairman Jorvig called for vote on previous motion and same was passed by the following roll call vote: Yea - Councilmen Jorvig, Davis, Ehrenberg, Owen Nay - Councilmen Messer, Wolfe Mayor Lefler returned to chair. 350 351 Council Minutes - June 1, 1959 - 6. PETITIONS, REQUESTS, AND COMMUNICATIONS. (a) COMMUNICATION FROM GRACE H. DOWNING CONCERNING ALLEGED ZONING VIOLATION AT 5800 GOODRICH AVENUE. A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to direct the City Manager and staff to investigate the complaint and make correction. The motion was passed by a seven yea vote. 7. RESOLUTIONS AND ORDINANCES. CC CD (a) RESOLUTION APPROVING LAWS OF 1959, CHAPTER 103, SPECIAL LAW APPLICABLE TO CITY OF ST. LOUIS PARK RELATIVE TO VACATION PROCEEDINGS. Resolution No. 884 A motion was made by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 884, entitled "Resolution Approving Laws of 1959, Chapter 103, Special Law Applicable to City Of St. Louis Park Relative to Vacation Proceedings." The motion was passed by a seven yea vote. (b) RESOLUTION APPROVING LAWS OF 1959, CHAPTER 552, SPECIAL LAW APPLICABLE TO CITY OF ST. LOUIS PARK RELATIVE TO HENNEPIN COUNTY NURSING DISTRICTS. Resolution No. 885 A motion was made by Councilman Ehrenberg, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 885, entitled "Resolution Approving Laws of 1959, Chapter 552, Special Law Applicable to City of St. Louis Park Relative to Hennepin County Nursing Districts." The motion was passed by a seven yea vote. (c) RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT BONDS OF 1959 UNDER CITY CHARTER. Resolution No. 886 A motion was made by Councilman Jorvig, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No 886, entitled "Resolution Authorizing Advertisement For Bids For Improvement Bonds of 1959 Under City Charter." The motion was passed by a seven yea vote. 351 3 52 Council Minutes -- June 1, 1959 (d) RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS, FOR' PURCHASE OF PARK BONDS OF 1959. ' Ill Resolution No. 887 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 887, entitled "Resolution Authorizing Advertisement For Bids For Purchase of Park Bonds of 1959." The motion was passed by a seven yea vote. (e) RESOLUTION AMENDING RESOLUTION NO. 875 RECEIVING REPORT AND CALLING HEARING, IMPROVEMENT NO. 59-19. Resolution No. 888 A motion was made by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 888, entitled "Resolution Amending Resolution No. 875 Receiving Report and Calling Hearing Improvement No. 59-19." The motion was passed by a seven yea vote. (f) FIRST READING OF PROPOSED ORDINANCE REQUIRING OBEDIENCE TO AUTHORIZED TRAFFIC REGULATORY SIGNS AND PROVIDING FOR AUTHORIZATION OF SUCH SIGNS BY RESOLUTION OF THE CITY COUNCIL. 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 June 8, 1959. Tle motion was passed by a seven yea vote. (g) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO THE BUILDING CODE, SECTIONS 5:103, 5:104, 5:105, 5:111, 5:112. Ordinance No. 696 A motion was made by Councilman Owen, seconded by Councilman Ehrenberg, to waive second' reading and adopt Ordinance No. 696, entitled "An Ordinance Amending the St. Louis Park Ordinance Code Relating to the Building Code, Sections 5:103; 5:104(a), (g) and (h); 5:105, 5:111 (A) (2); 5:111 (c); 5:112 (b); 5:112 (c) 2; 5:112 (c) 3." The motion was passed by a seven yea vote. 352 353 ' Council Minutes - June 1, 1959 - (h) SECOND READING OF PROPOSED ORDINANCE REGULATING BUILDING AND CONSTRUCTION BY ESTABLISHING REQUIREMENTS FOR PILING. Ordinance No. 697 A motion was made, by Councilman Ehrenberg, seconded by Councilman (hwen, to waive second reading and adopt Ordinance No. 697, entitled "An Ordinance Regulating Building and Construction By Establishing Requirements For Piling." The motion was passed by a seven yea vote. (i) SECOND READING OF PROPOSED ORDINANCE REGULATING CONSTRUCTION OF BUILDINGS; AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO THE e BUILDING CODE, SECTION 5:115 ENTITLED, "ADOPTION OF UNIFORM BUILDING - +� CODE BY REFERENCE;" AND ADOPTING BY REFERENCE PORTIONS OF THE INTER- C-1a NATIONAL CONFERENCE OF BUILDING OFFICIALS CODE, ENTITLED "UNIFORM BUILDING CODE, 1958 EDITION." Ordinance No. 698 A motion was made ,by Councilman Messer, seconded by Councilman Ehrenberg, to waive second reading and adopt Ordinance No; 698, entitled "An 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. '" The motion was passed by a seven yea vote. (j) SECOND READING OF PROPOSED ORDINANCE REDETERMINING THE BOUNDARIES OF THE FOUR WARDS OF THE CITY OF ST. LOUIS PARK. Ordinance No. 699 A motion was made by Councilman Messer, seconded by Councilman Jorvig, to waive second reading and adopt Ordinance No. 699, entitled "Ordinance Redetermining the Boundaries of the Four Wards of the City of St. Louis Park." The motion was passed by a seven yea vote. (k) RESOLUTION CALLING HEARING ON WATER MAIN, IMPROVEMENT NO. 59-16. Resolution No. 889 A motion was made by Councilman Davis, seconded by Councilman Owen, to waive reading and adopt Resolution No. 889, entitled "Resolution Calling Hearings on Water-Main - Improvement No. 59-16." The motion was passed by a seven yea vote. 353 354 Council Minutes = June 1, 1959 - (1) RESOLUTION CALLING HEARING ON STREET GRADING AND STORM SEWER, IMPROVEMENT NO. 59-18. 111 Resolution No. 890 A motion was made by Councilman Messer, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 890, entitled "Resolution Calling Hearing on Street Grading and Storm Sewer Improvement No. 59-18." The motion was passed by a seven yea vote. 8. REPORTS OF OFFICERS, BOARDS, AND COMMITTEES. (a) REPORT AND ORDER OF THE RAILROAD AND WAREHOUSE COMMISSION IN THE MATTER - OF THE APPLICATION OF DEEPHAVEN BUS COMPANY FOR CONSOLIDATION AND DISCONTINUANCE OF CERTAIN SCHEDULES AND DISCONTINUANCE OF ITS SERVICE ON SUNDAYS AND HOLIDAYS AND FOR AN INCREASE IN ITS CASH FARES. Ordered by the Mayor to .be received for filing. (a2) RE-EXTENSION OF TWIN CITY BUS COMPANY SERVICE ON MINNETONKA BOULEVARD WEST OF TEXAS AVENUE TO JORDAN AVENUE. A motion was made by Councilman Jorvig, seconded by Councilman Davis, directing the City Manager to inquire of the Twin City Bus Company to see if they would be willing to extend their service beyond Texas Avenue to Jordan Avenue on Minnetonka Boulevard. The motion was passed by a seven yea vote. (b) MINUTES OF SPECIAL PLANNING COMMISSION MEETING HELD MAY 22, 1959. Ordered by the Mayor to be received for filing. (c) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-13SP) RECOMMENDING FAVORABLE, WITH CONDITIONS, UPON THE REQUEST OF ST. GEORGES EPISCOPAL CHURCH FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-33 OF THE ZONING ORDINANCE FOR A CHURCH IN A RESIDENTIAL DISTRICT (5224 MINNETONKA BOULEVARD - LOTS 12 THRU 17, BLOCK 3, LATHAM'S MINNETONKA BOULEVARD TRACT). - Resolution No. 891 (as amended) Maurice Adelshiem Jr. representing the St. Georges Episcopal Church was present in support of the request. 354 35 Council Minutes - June 1, 1959 - A motion was made by Councilman Messer, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 891, 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. (d) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-63-V) UPON THE REQUEST OF ST. GEORGES EPISCOPAL CHURCH FOR VARIANCE UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORDINANCE FOR A SETBACK OF 8 FEET INSTEAD OF THE 1.0 REQUIRED 20 FEET TO BUILD AN ADDITION TO CHURCH AT 5224 MINNETONKA BOULEVARD, WITH THE RECOMMENDATION OF THE PLANNING COMMISSION THAT THE PROPOSED ADDITION BE GRANTED A VARIANCE TO PERMIT ITS FOUNDATION LINE TO BE AT THE SAME SETBACK AS THE EXISTING BUILDING, WITH ALL PROJECTIONS C.14 CONFORMING TO THE ORDINANCE. A motion was made by Councilman Ehrenberg, seconded by Councilman Owen, to approve a variance to 162 feet, with the foundation line of the addition to be in line with the foundation of the rebuilt existing section of the church. The motion was passed by a seven yea vote. (e) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO PETITIONED WATER MAIN, IMPROVEMENT NO. 59-89. Resolution No. 892 A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 892, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-89. The motion was passed by a seven yea vote. Mr. M. F. ,Daman presented a petition signed by Mr. and Mrs. Frank Bacon and others in opposition to the extension of this water main. (f) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO HOT MIX ASPHALT PAVING, IMPROVEMENT NO. 59-37. Resolution No. 893 A motion was made by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 893, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-37. The motion was passed by a seven yea vote. 355 35 Council Minutes — June 1, 1959 (g) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO`:SIDEWALK, IMPROVEMENT NO. 59-69. Resolution No. 894 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 894, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-69." The motion was passed by a seven yea vote. (h) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO CURB AND GUTTER, IMPROVEMENT NO. 59-67. Resolution No. 895 A motion was made by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 895, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-67." The motion was passed by a seven yea vote. (i) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO HOT MIX ASPHALT PAVING, IMPROVEMENT NO. 59-68. Resolution No._ 896 - A motion was made by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 896, entitled "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-68." The motion was passed by a seven yea vote. (j) REPORT OF ROBERT G. CORWINE AND CHARLES E. DOELL, PARK CONSULTANTS, ON JOHNSON LAKE AS A SWIMMING AREA (REQUESTED FEBRUARY 2, 1959) . George Carlson was present and discussed this matter. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to refer the report to Park and Recreation Advisory Commission for study and recommendation. The motion was passed by a seven yea vote. 9. UNFINISHED BUSINESS. (a) CONDEMNATION AWARD FROM STATE HIGHWAY DEPARTMENT. A motion was made by Councilman Wolfe, seconded by Councilman Messer, to approve the division of the condemnation award from the State Highway Department, to authorize acceptance by the City of payment by K. T. Weidemann of $115.40 in partial payment of special assessment for North Trunk Sewer No. 519, and to authorize the proper City Officials to endorse the check for $800,00 from the Highway Department to K. T. Weidemann. The motion was passed by a seven yea vote. 356 3'57 Council Minutes - June 1, 1959 - (b) CONSIDERATION OF PROPOSED STATE LEGISLATION. Resolution No. 897 A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 897, entitled "Disapproving the Proposed Law Providing Additional Benefits For Certain Retired Public Employees Retirement Association Beneficiaries Affecting Various Agencies of Government Including the City of St. Louis Park H. F. 127, S.F. 122." The motion was passed by a seven yea vote. I an CD C 10. NEW BUSINESS. (a) ACCEPTANCE OF THREE DEEDS FROM INDEPENDENT SCHOOL DISTRICT NO. 283 FOR FRANKLIN AVENUE BETWEEN TEXAS AND PENNSYLVANIA AVENUES, FOR PENNSYLMANIA AVENUE BETWEEN FRAN1L IN AVENUE AND 22nd STREET, AND FOR STORM SEWER EASE- MENT IN PENNSYLVANIA AVENUE VACATED AND NORTH THEREFROM. A motion was made by Councilman Jorvig, seconded by Councilman Davis, to accept and to authorize the City Attorney to record. The motion was passed by a seven yea vote. III 11. MISCELLANEOUS. (a) None 12. CLAIMS, APPROPRIATIONS, AND CONTRACT PAYMENTS. (a) VERIFIED CLAIMS On motion of Councilman Messer, seconded by Councilman Ehrenberg, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated June 1, 1959 in the total amount of $4,742.65 for vendors was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a seven yea vote. (b) PAYMENTS ON CONTRACT WORK On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the following payments on contract work presented by the City Engineer were approved, and the City Manager, City Clerk, and City Treasurer were III authorized to issue checks for their respective amounts by a seven yea vote. 357 358 Council Minutes - June 1, 1959 Engineers Certificate - Final -- Lateral Sanitary Sewers Project #58-70 III Contractor - Northern Contracting Company Amount of this payment - $11,063.66 13. ADJOURNMENT. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the meeting was adjourned at 11:02 p.m., by a seven yea vote. \ i 1 e Bert P. L-f e , M.i or Attest: / i - foseph ust• ', Secretary II 358