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HomeMy WebLinkAbout1959/07/13 - ADMIN - Minutes - City Council - Regular 413 MINUTES OF CITY COUNCIL MEETING Ill ST. LOUIS PARK, MINNESOTA JULY 13, 1959 1. CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Herbert P. Lefler at 8 p.m. 2. INVOCATION Invocation was given by Rev. Huele of the Aldersgate Methodist Church. O 3. ROLL CALL The following Councilmen were present at roll call: D-' H. C. Davis - - - - . Robert Ehrenberg Torval Jorvig D. E. Messer Ed. Owen Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney, Director of Public Works, Planning Consultant and the Secretary. 4. MINUTES On motion of Councilman Owen, seconded by Councilman Ehrenberg, the minutes of meeting held July 6, 1959, were approved by a seven yea vote. 5. PUBLIC HEARINGS (a) PROPOSED TEMPORARY SPECIAL USE PERMIT UNDER AUTHORITY OF SECTION 10.2-4 OF THE ZONING ORDINANCE TO MINE AND PROCESS GRAVEL IN OPEN DEVELOPMENT USE DISTRICT AT CEDAR LAKE ROAD, SOUTH SIDE, WEST OF HIGHWAY NO. 100 (REQUESTED BY CHARLES FREIDHEIM JR. - CASE NO. 59-79-SP) Mayor Lefler opened the hearing en this matter. No one present was interested in this matter. Mayor Lefler declared the hearing closed. RESOLUTION NO. 975 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 975, entitled, "Resolution Granting Permit under Section 10.2 of the Zoning Ordinance of the City of St. Louis Park". (Part of Government Lot 1, Section 9, T-117, R-21 etc.) Motion passed by a seven yea vote. 414 Council Minutes - July 13, 1959 (b) PROPOSED GRADING CONSTRUCTION, IMPROVEMENT NO. 59-29, as DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 2 and 9, 1959. Mayor Lefler opened the hearing onthis matter. No one.present was interested in this matter. Mayor Lefler declared the hearing closed. RESOLUTION NO. 976 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, . to waive reading and adopt Resolution No. 976, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-29". - ■-` 4i . Motion passed by a seven yea vote. (c) PROPOSED SANITARY SEWER CONSTRUCTION, IMPROVEMENT NO. 59-71, AS DE- SCRIBED IN NOTICE OF HEARING PUBLISHED JULY 2 AND 9, 1959. Mayor Lefler opened the hearing on this matter. No one present was interested in this matter. Mayor Lefler declared the hearing closed. RESOLUTION NO. 977 It was moved by Councilman Messer, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 977, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-71". Motion passed by a seven yea vote. 7. RESOLUTIONS AND ORDINANCES (al) BID AWARD FOR $1,350,000.00 PARK BONDS AND IMPROVEMENT BONDS. Mayor Leger explained that the following bid was received thru negotiation and-read the bid-as follows: 5% 1961 - 62 Inclusive 42% 1963 - 65 Inclusive 4.10% 1966 - 69 Inclusive 44% 1970 - 78 Ilnclusive 4.30% 1979 - 81 Inclusive which makes the net interest cost $592,443.75, equivalent to 4.27757%. Glove, Forgan Fs' Co. - Shearson, Hammill & Co. RESOLUTION NO. 979 It was moved-by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 979, entitled, "Resolution - . Accepting Bid for Improvement Bonds of 1959 and Park Bonds of 1959. Motion passed by a seven yea vote. Council Minutes — July 13, 1959 RESOLUTION NO. 980 It was moved by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 980, entitled,"Resolution Fixing the Form and Specifications, Directing Their Execution, and Providing for Payment of Park Bonds of 1959". Motion passed by a seven yea vote. RESOLUTION NO. 981 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, � � to waive reading and adopt Resolution No. 981, entitled, "Resolution Fixing the Form and Specifications, Directing Their Execution, and CD Providing for Payment of Improvement Bonds of 19591 Motion passed by a seven yea vote. .eE Jorvig C.1.4 Mayor Lefler Left at 8:0O p.m. — President Pro tem/took Chair at 8:20 p.m. (a) RESOLUTION DISCONTINUING AND ABANDONING PROCEEDING FOR CONDEMNATION OF LOT 9, BLOCK 2, EIDE Ey MARTEN'S 2nd ADDITION. RESOLUTION NO. 978 It was moved by Councilman Owen, seconded by Councilman Davis, to waive reading and adopt Resolution No. 978, entitled, "Resolution Discontinuing_and Abandoning Proceeding for Condemnation of Lot 9, Block 2, Eide and Marten's 2nd Addition". Motion passed by a six yea vote. (b) RESOLUTION FAVORING THE REMOVAL OF PERSONAL PROPERTY TAX ON HOUSEHOLD GOODS. RESOLUTION NO. 982 It was moved by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 982, entitled, "Resolution Favoring the Removal of Personal Property Tax on Household Goods". Motion passed by a six yea vote. (c) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (Case No. 59-75—Z), COUNTRY CLUB FIFTH ADDITION OF WESTWOOD HILLS) . ORDINANCE NO. 706 It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive second reading and adopt Ordinance No. 706, entitled, "Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". Motion passed by a six yea vote. (d) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (EAST OF HIGHWAY NO. 100 AND NORTH OF THE GREAT NORTHERN RAILWAY, CASE NO. 59-23—Z, DEFERRED FROM JUNE 15, 1959); ALSO PETITION AGAINST REZONING FROM RESIDENTS OF AREA. Present were Mr. Endres and Mr. Tilton, representing Great Northern Railway, and Mr. Harold Fridlund, representing Victor Carlson fi Sons, in" opposition to the passing of the Ordinance. rlrG Council Minutes - July 13, 1959 It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive reading and adopt Ordinance. Motion was lost by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, yea; Councilman Messer, nay; Councilman Owen, yea; Councilman Wolfe, yea; Councilman Jorvig abstained from voting. (needs five yeas to adopt.) The City Manager asked for lifting of restrictions placed June 15, 1959, to hold up issuance of building permits, on this property. A motion was made by Councilman Messer, seconded by Councilman Davis, that the restrictions of June 15, 1959 directing the City Manager to hold up issuance of building permits for this property until after action is taken on July 13, 1959 on this ordinance, was ordered lifted. Motion lost by the following roll call vote: 'Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Messer, yea; Councilman Owen, nay; Councilman Wolfe, yea; Councilman Jorvig abstained from voting.(motion needs four yea votes-to pass.) It was moved by Councilman Messer, seconded by Councilman Davis, to reconsider the matter on this agenda item 7d "Second Reading of Proposed Ordinance Amending the Zoning Ordinance (East of Highway No. 100 and North of the Great Northern Railway Case No. 59-23-Z)". Motion passed by a six yea vote. It was moved by Councilman Ehrenberg, seconded by Councilman Davis, that the second reading of Proposed Ordinance Amending the Zoning Ord- inance (East of Highway No. 100 and North of the Great Northern Railway (Case No. 59-23-Z) be deferred until August 10, 1959. Motion passed by a six yea vote. • (e) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE No. 59-52-Z), CEDAR LAKE ROAD, COLORADO AND BRUNSWICK AVENUES, DEFERRED FROM JUNE 8, 1959). Present and speaking in opposition to this ordinance, John Yngve, lrttorney for Mr. FY Mrs. Meyers, 6300 Cedar Lake Road, Mr. Mrs. Harold tietz, 6206 Cedar Lake Road and Harold Evarts, representing Lithium Corp. ORDINANCE NO. 707 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to amend the proposed Ordinance by deleting "with the West line of Brunswick Avenue extended South, thence South along said West line of Brunswick Avenue extended South to a point distant 175.0 feet South of the North line of Section 9, Township 117, Range 21 thence West parallel with said North line", and substituting "with the South line of Section 4, Township 117, Range 21, thence West along said South line"; and further to waive second reading and adopt Ordinance No. 707, entitled, "An Ord- inance Amending the Zoning Ordinance of the City of St. Louis Park", as amended. Motion passed by a six yea vote. 4-17 III Council Minutes - July 13, 1959 (f) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE NO. 59-73-Z, Country CLUB ADDITION OF WESTWOOD HILLS). _ ORDINANCE NO. 708 It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive second reading and adopt Ordinance No. 708, entitled,"Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". Motion passed by a six yea vote. 1..: - ® (g) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE NO. 59-74-Z, COUNTRY CLUB SECOND ADDITION OF WESTWOOD HILLS). eTr - ORDINANCE NO. 709 It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive second reading and adopt Ordinance No. 709, entitled, "Ordinance Amending the Zoning Ordinance of the City of Si. Louis Park". Motion passed by a six yea vote. (h) RESOLUTION CALLING HEARING ON WATERMAIN, IMPROVEMENT NO. 59-26. RESOLUTION NO. 983 IIIIt was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 983, entitled, "Resolution Calling Hearing on Watermain Improvement No. 59-26". (hearing July 27, 1959) Motion passed by a six yea vote. (i) RESOLUTION AMENDING RESOLUTION NO. 971 RECEIVING REPORTS AND CALLING HEARING ON IMPROVEMENT NO. 59-78. RESOLUTION NO. 984 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 984, entitled, "Resolution AMENDING Resolution No. 971 Receiving Reports and Calling Hearing on Improvement No. 59-78". (hearing July 27, 1959.) Motion passed by a six yea vote. (j) RESOLUTION CALLING HEARING ON CURB AND GUTTER AND HOT MIX ASPHALT PAVING, IMPROVEMENT NO. 59-107. RESOLUTION NO. 985 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 985, entitled, "Resolution III Calling Hearings on Curb and Gutter and Hot Mix Asphalt Paving, Improve- ment No. 59-107". (hearing July 27, 1959.) Motion passed by a six yea vote. - . 418 Council Minutes - July 13, 1959 8 REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO STORM SEWER, IMPROVEMENT NO. 58-77. RESOLUTION NO. 986 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive reading acid adopt Resolution No. 986, entitled, "Resolution Receiving Reports add Calling Hearing on Improvement No. 58-77". (hearing July 27, 1959.) Motion passed by a six yea vote. (b) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO STORM SEWER, IMPROVEMENT NO. 59-34. RESOLUTION NO. 987 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to waive reading and adopt resolution No. 987, entitled, "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-34". (hearing July 27, 1959.) Motion passed by a six yea vote. (c) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR FOR PETITIONED STORM SEWER, IMPROVEMENT NO. 59-40. RESOLUTION NO. 988 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to waive reading and adopt .Resolution No. 988, entitled, "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-40". (hearing July 27, 1959.) Motion passed by a six yea vote. (d) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ENDORSEMENT OF THE CITY ASSESSOR WITH RESPECT TO PETITIONED WATER MAIN, IMPROVEMENT NO. 59-55. RESOLUTION NO. 989 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to waive reading and adopt Resolution No. 989, entitled, "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-55. (hearing July 27, 1959.) Motion passed by a six 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. RESOLUTION NO. 990 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to waive reading and adopt Resolution No. 990, entitled, "Resolution Receiving Reports and Calling Hearing on Improvement No. 59-77. (hearing July 27, 1959.) Motion passed by a six yea vote. 419 Council Minutes - July 13, 1959 - (f) MINUTES OF PLANNING COMMISSION MEETING HELD JULY 1, 1959. President Pro tem Jorvig Ordered by the-l4po. to be received for filing. (g) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-77-V) RECOMMENDING - UNFAVORABLY UPON THE REQUEST OF BERNARD HOROVITZ FOR VARIANCE OF SETBACK UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORDINANCE FROM REQUIRED 20 FEET TO 5 FEET AT 4220 MINNETONKA BOULEVARD (LOTS 11, 12, 13, BLOCK 4, SUNSET GABLES 2ND ADDITION) . C; Oerz Present in support of this matter were Bernard Horovitz and Matthew Levitt, his attorney. C.1., A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, that this matter be referred to the Latif Department to pre- pare an amendment to the present Zoning Ordinance to conform with the wording of the proposed new Zoning Ordinance, to take care of situations similar to this. 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. President Pro tem Jorvig called for vote on previous motion and same was passed by a six yea vote. It was moved by Councilman Ehrenberg, seconded by Councilman Davis, to defer actian on this matter until August 17, 1959. Motion passed by a six yea vote. (h). REPORT OF THE PLANNING COMMISSION (CASE NO. 59-78-SP) RECOMMENDING UN- FAVORABLY UPON THE REQUEST OF BERNARD HOROVITZ FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-25 OF THE ZONING ORDINANCE FOR BUILDING SERV- ING FOOD, SOFT DRINKS, ETC. AT 4220 MINNETONKA BOULEVARD (LOTS 11,12,13, BLOCK 4r SUNSET GABLES 2nd ADDITON) . It was moved by Councilman Ehrenberg, seconded by Councilman Davis, to defer action on this matter until August 17, 1959. Motion passed by a six yea vote.- , (i) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-81-SP) RECOMMENDING FAVORABLY UPON THE REQUEST OF NORDQUIST SIGN COMPANY FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORDINANCE FOR TEMPORARY SIGN 10' x 16' BETWEEN COUNTY ROAD #16 AND CEDAR LAKE ROAD WEST OF HIGHWAY NO 100, FOR ONE YEAR. The City Manager reported that there was a request made to hold up action on this matter. 420 Council Minutes - July 13, 1959 - A motion was made by Councilman Davis, seconded by Councilman Owen, that this matter be tabled. Motion passed by a six yea vote. (j) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-82-V) RECOMMENDING FAVORABLY UPON THE-REQUEST OF NORTHWESTERN BELL TELEPHONE COMPANY FOR VARIANCE OF SETBACK UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORD- INANCE TO PERMIT TELEPHONE BOOTHS AT VARIOUS ADDRESSES, SUBJECT TO THE FOLLOWING: THAT NO BOOTH SHALL BE WITHIN PUBLIC RIGHT-OF-WAY AND THAT BOOTHS LOCATED ON PUBLIC LANDS SHALL CONFORM TO REQUIRED SETBACKS. Mr. L. G. Morneau, representing Telephone Company, was present. It was reported that there was difficulty in reading the surveys submitted with requests. Mr. Morneau said he would help straighten that - out. It was moved by Councilman Messer, seconded by Councilman Ehrenberg, that action be deferred for one week on this matter. Motion passed by a six yea vote. (k) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-83-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 SIGN 5' x181 AT 5304 EXCELSIOR BOULEVARD (SAVITT BROS. PAINT AND WALL- PAPER) . Burt Savitt was present at the meeting. RESOLUTION 991 It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 991, entitled, "Resolution Granting Permit Under Sec-tion 10.3 of the Zoning Ordinance of the City of St. Louis Park! Motion passed by a six yea vote. (1) RECOMMENDATION OF THE PLANNING COMMISSION (CASE NO. 59-84-Z) THAT THE REQUEST OF ST. LOUIS PARK THEATER COMPANY BE TABLED FOR REZONING OF LOTS 1 THRU 11, BLOCK 2, CALHOUN ADDITION FROM COMMERCIAL USE DISTRICT (WITH LIMITATION UNDER ORDINAINCE 445) TO UNRESTRICTED COMMERCIAL USE DISTRICT FROM 22 to 6 STORY HEIGHT DISTRICT AND FROM C TO D-1 DENSITY DISTRICT. Present in support of this request were Harold Field Jr., Mrs. & Mr. Harold Field_ Sr..., Norman Moshou (proposed builder), Gordon Peterson, representing Calhoun Realty Company. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to set date for hearing on rezoning for August 10, 1959. Motion passed by a six yea vote. 421 Council Minutes - July 13, 1959 It was moved by Councilman Davis, seconded by Councilman Owen, that this matter be re-referred to the Planning Commission, advising them that a hearing has been set for August 10, 1959, and explaining to the Planning Commission the trouble the Council is having waiting for the new proposed Zoning Ordinance. Motion passed by a six yea vote. It was moved by Councilman Ehrenberg, seconded by Councilman Davis, that the City Attorney with the Planning Consultant be requested L`D to submit a text of revision of density requirements to the Planning QO Commission, along the lines discussed by the City Planner. Motion CD passed by a six yea vote. ett 4.1 (m) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-85-V) RECOMMENDING UN- FAVORABLY UPON THE REQUEST OF NORMAN ORENSTEIN FOR VARIANCE OF SETBACK TO 5 FEET UNDER AUTHORITY OF SECTION 20.4-6 OF THE ZONING ORDINANCE AT 7700 WEST 24th STREET (IAT 16, BLOCK 4, WESTWOOD HILLS 1ST ADDITION) . It was moved by Councilman Davis, seconded by Councilman Messer, to grant Variance to 25 feet on Quebec Avenue. Motion passed by a six yea vote. (n) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-88-Z) RECOMMENDING UN- FAVORABLY UPON THE REQUEST OF PHILIP GORDON TO REZONE TRACT OF LAND LYING ON NORTHWEST CORNER OF INGLEWOOD AVENUE AND WEST 28th STREET FROM RESIDENTIAL USE DISTRICT TO MULTIPLE DWELLING USE DISTRICT AND FROM A TO D-4 DENSITY DISTRICT. It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, that the request for rezoning be denied. Motion passed by a six yea vote. (o) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-48-SP) RECOMMENDING FAVORABLY FOR ONE YEAR UPON THE REQUEST OF LEROY SIGN COMPANY FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORD- INANCE TO ERECT SIGN 8' x 16' AT 4049 VERNON AVENUE (Lot 40, BLOCK 3, BROWNDALE ADDITION - ROSS AND ROSS AUCTIONEERS). RESOLUTION NO. 992 It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 992, entitled, "RESOLUTION Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park". Motion passed by a six yea vote. (p) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-55-SP) RECOMMENDING FAVORABLY UPON THE AMENDED REQUEST OF MACEY SIGNS INC. FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-20 OF THE ZONING ORDINANCE TO ERECT A SIGN NO MORE THAN 90 SQUARE FEET AT 8238 HIGHWAY NO. 7 (FANNY FARMER CANDY SHOPS) . 422 Cpuncil Minutes - July 13, 1959 RESOLUTION NO. 993 It was moved by Councilman Messer, seconded by Councilman Davis, to waive reading and adopt Resdlution No. 993, entitled, "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park". Motion passed by a six yea vote. (q) RECOMMENDATION OF THE PLANNING COMMISSION (CASE NO. 59-89-Misc.) CON- CERNING ACQUISITION 0 F LAND AT CEDAR LAKE AVENUE AND FRANCE AVENUE FOR PARK. It was moved by Councilman Wolfe, seconded by Councilman Davis, that this matter be referred to the City Manager for appropriate action. Motion passed by a six yea vote. (r) REPORT OF CITY ACTIVITIES FOR JUNE 1959 - BY THE CITY MANAGER. On hearing no objections, President Pro tem Jorvig ordered the report received for filing. 9. UNFINISHED BUSINESS (a) REPORT FROM THE LAW DEPARTMENT RELATIVE TO DRAINAGE EASEMENTS IN BELT - LINE INDUSTRIAL-CENTER (REQUIRED JULY 6, 1959) . Present at the meeting were Attorney John Yngve, Jim Ryland, Chas. Freidheim Jr. Considerable discussion was had regarding the various easements. It was moved by Councilman Davis, seconded by Councilman Owen, that the Law Department be directed to prepare an instrument for the propereCity Officials to execute, same to contain statement that City agrees to maintain ditch as long as we use same. Motion passed by five yeas and one nay. (Councilman Ehrenberg voting nay.) 10. 14W BUSINESS (a) PARK LANDS CONDEMNATION. E. T. Montgomery discussed the Park Lands condemnation and will give further report on July 20, 1959. (b) MRS. S. L. SCHUELLER, 6904 W. 26th STREET, CALLED ATTENTION TO AN INCI- DENT WHERE A SMALL CHILD FELL IN THE POOL CREATED BY STORM WATER, ALONG THE GREAT NORTHERN TRACKS. The.Mother of the child was present. 423 Council Minutes F. July 13, 1959 IIIIt was explained to them that a storm sewer has been contracted for toalleviate this danger, but was being held up due to inability of getting an easement. One owner had taken an appeal to District Court, regarding award for easement. No action taken. (c) REGARDING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT BONDS AND PARK BONDS. LID QD It was moved by Councilman Ehrenberg, seconded by Councilman Davis, Q that the City Manager be directed not to advertise for bids for Improve- < ment Bonds and Park Bonds as ordered in Resolution No. 962, adopted < June 30, 1959. Motion passed by a six yea vote. CAr (d) TAX PAYMENTS FOR LANDS IN THE PARK LAND CONDEMNATION. It was moved by Councilman Messer, seconded by Councilman Wolfe, that the following tax payments for lands in the Park Land Condemnation be approved, and the City Manager, City Clerk and the City Treasurer be authorized to issue checks in payment. Motion passed by a six yea vote. 1. Lot W Westridge Addition $ 26.42 2. Lot Y " "- 39.96 III 3. Lot 26,27,28,29,30 Block 1 Westmoreland Park 129.27 4. " 4 - " 2 ft rt 83.72 5. " 22 " 1 ft ?I25.83 6. " 20 " 1 It It 25.86 7. " 19 " 1 " " 116.14 8. " 4 " 1 " " 104.93 9, " 3 " 1 ft ft 104.90 10. " 2 " 1 It it 104.95 11. " 1 " 1 It It 150.39 12. " 19 " 7 " " 111.27 13. " 12 " 7 " " 120.22 14. " 11 " 7 " " 120.18 15. " 8 'r 7 n " 86.28 16. " 6 " 7 " " 380.73 17. " 5 " 7 " " 380.73 18. " 3 _ 9 7 r: n 380.73 19. " 2 " 7 " " 380.70 $2,873.21 11. MISCELLANEOUS (a) Damage Claims Helen P. Thomas, 2125 Glenhurst Road (referred to L.D. 7-6-59) . IIIIt was moved by Councilman Davis, seconded by Councilman Messer, that the claim be referred to the Law Department for advice and recomm- endation. Motion passed by a six yea vote. a f.,•'---- 42'4 Council Minutes - July 13, 1959 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS. III (a) VERIFIED CLAIMS. ' 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, dated July 13, 1959 in the total amount of $92,791.40 for vendors was approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks covering same, by a six yea vote. (b)1-PAYMENTS_ON CONTRACT WORK. , On motion of Councilman Ehrenberg, seconded by Councilman Owen, 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 check for the respective amount by a six yea vote. Partial Payment Certificate No. 1 Hot Mix Asphalt Paving and Portland Cement Contrete Curb and Gutter Improvement Nos. • 58-65, 69, 70 and 82 Contractor - Black Top Service Co. Amount of this payment - $15,303.18III • (b)2-PAYMENT ON CONTRACT WORK. • On motion of Councilman Ehrenberg, seconded by Councilman Owen, 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 check for the respective amount by a six yea vote. , Engineers Certificate No. 3 Lateral Sanitary Sewer Project No. 59-32 Contractor - Swanson Excavating Co. and Northern Contracting Co. Amount of this payment - $95,397.83 13. ADJOURNMENT. On motion of Councilman Davis, seconded by Councilman Messer, the meeting was adjourned at 12:01 a.m., by a six yea vote. o �_;, 4i ATTEST: � A Torval Jory President Pro tem /'seph stay Secretary L