The URL can be used to link to this page

Home My WebLink About1959/08/10 - ADMIN - Minutes - City Council - Regular 'Hi MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA AUGUST 10, 1959 ri. 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. John Foss of the Peace Presbyterian Church. 3. ROLL CALL The following Councilmen were present at roll call: H. C. Davis Robert Ehrenberg Torval Jorvig • D. C. Messer Ed Owen Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney, Director of Public Works, Supervisor of Zonirjg and Inspection and the Secretary. 4. MINUTES On motion of Councilman Davis, seconded by Councilman Ehrenberg, the minutes of meeting held August 3, 1959, were approved by a seven yea vote. 5. PUBLIC HEARINGS (a) PROPOSED STORM SEWER CONSTRUCTION, IMPROVEMENT NO. 59-35, as DES- CRIBED IN NOTICE OF HEARING PUBLISHED JULY 30 and AUGUST 6, 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. 1023 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1023, entitled, 'Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-35". Motion passed by a, seven yea vote. s 4 48 Council Minutes - August 10, 1959 (b) PROPOSED REZONING OF AREA BETWEEN WEST 31ST STREET, T.H. NCI. 7, OTTAWA AVENUE, AND CARPENTER PARK FROM COMMERCIAL USE DISTRICT (WITH LIMITATIONUNDER ORDINANCE NO. 445) TO UNRESTRICTED COMMER- CIAL USE DISTRICT, FROM C TO D-1 DENSITY DISTRICT AND FROM 2i TO 6 STORY HEIGHT DISTRICT, REQUESTED BY ST. LOUIS PARK THEATER COMPANY (CASE NO. 59-84-Z) (SEE ALSO ITEMS 8a and 8b). Mayor Lefler opened the hearing on this matter. The following persons were present at the meeting in support of zoning: Harold Field, Harold Field Jr. and Norman Moshou. Also present were Ed. Rouse owner of 3044 Ottawa Avenue, and Robert Gendrian, 3057 Ottawa Avenue. Mayor Lefler declared the hearing closed. It was moved by Counnilman Davis, seconded by Councilman Ehrenberg, to waive first reading and set date for second reading on September 8, 1959 of ordinance as amended, to include Lots 1 through 11, both inclusive, Block 2, Calhoun Addition in Multiple Dwelling Use District. Motion passed by a seven yea vote. Councilman Ehrenberg left at 9:05 p.m. 6. PETITIONS. REQUESTS.COMMUNICATIONS (a) COMMUNICATION FROM LANDERS - NORBIOM CHRISTENSON COMPANY REGARDING THEIR EARLIER REQUEST FOR ADJUSTMENT OF SPECIAL ASSESSMENTS (AND REPORT FROM LAW DEPARTMENT). L. J. Allen, President, Landers-Norblom Christenson Company, was present at the meeting. It was moved by Councilman Wolfe, seconded by Councilman Jorvig, that this matter be referred back to the Law Department. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (b) APPLICATION FOR LICENSE TO SELL NON-INTOXICATING MALT LIQUOR OFF-SALE - BY RUBY INC. DBA RUBY'S FINE FOODS, 5420 EXCELSIOR BOULEVARD. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to defer action one week pending police report. _Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 449' Council Minutes - August 10, 1959 -- 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT NO. 59-34. RESOLUTION NO. 1024 It was moved by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1024, entitled, "Resolution Ordering Preparation of Plans and Specifications Improvement No. 59-34". Motion passed by a six yea vote. Council- C1; man Threnberg not present when vote was taken. O (b) RESOLUTION ORDERING 'PREPARATION OF PLANS AND PSECIFICATIONS, IMPROVEMENT NO. 59-100. RESOLUTION NO. 1025 It was moved by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1025, entitled, "Resolution Ordering Preparation of Plans and Specifications Improvement No. 59-100". Motion passed by a six yea vote. Council- man Ehrenberg not present when vote was taken. (c) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS IMPROVEMENT NOS. 58-77, 59-26, 59-34, 59-35, 59-40, 59-55, 59-71, 59-72, 59-77," 59-78, 59-93, 59-100. RESOLUTION NO. 1026 It was moved by Councilman Wolfe, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1026, entitled, "Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids Improvement Nos., 58-77, 59-26, 59-34, 59-35, 59-40, 59-55, 59-71, 59-72, 59-77,_ 59-78, 59-93 and 59-100. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (d) RESOLUTION ORDERING PREPARATION OF PRELIMINARY PLANS AND ESTIMATED COST, OAK HILL, BROWNDALE, FERN HILL, AQUILA, BIRCHWOOD S, AND KILMER (TEMPORARY SITE) PARKS. RESOLUTION NO. 1027 It was moved by Councilman Davis, seconded by Counci;man Owen, to waive reading and adopt Resolution No. 1027, entitled, "Resolution Proposing Improvement of Oak Hill, Browndale, Fern Hill, Aquila, Birchwoods, and Kilmer (Temporary Site) Parks and Ordering Preparation of Preliminary Plans and Estimated Cost". Mption passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 460 Council Minutes - August 10, 1959 (e) RESOLUTION ORDERING PREPARATION OF PRELIMINARY PLANS AND ESTIMATED COST, JOHNSON'S LAKE AREA. RESOLUTION NO. 1028 It was moved by Councilman Davis, seconded by Councilman Owen, to waive reading and adopt Resolution No. 1028, entitled, "Resolution Proposing:, Improvement of Johnson's Lake Area and Ordering Preparation of Preliminary Plans and Estimated Cost". Motion passed by a six yea vote. Councilman Ehrenberg was not present when vote was taken. (f) RESOLUTION CANCELLING SPECIAL ASSESSMENT IN PART, IMPROVEMENT NO. 56-83 (DEFERRED FROM AUGUST 3, 1959). RESOLUTION NO. 1029 It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 1029, entitled, "Resolution Cancelling Special Assessments in Part, Improvement No. 56-83". Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (g) RESOLUTION CALLING HEARING ON SUPPLEMENTARY ASSESSMENT, IMPROVE- MENT NO. 56-83 (DEFERRED FROM AUGUST 3, 1959). RESOLUTION NO. 1030 It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 1030, entitled, "Resolution for Hearing on Proposed Supplementary Special- Assess- ment, Improvement No. 56-83". Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (h) FIRST READING OF PROPOSED ORDINANCE AMENDING ORDINANCE NO. 701 AMENDING THE ZONING ORDINANCE. It was moved by Councilman Davis, seconded by Councilman Messer, to waive first reading and set date for second reading of Ordinance on August 17, 1959. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (i) FIRST READING OF PROPOSED ORDINANCE REPEALING SECTION 1 OF ORDINANCE NO. 641 REGULATING PARKING ON THE NORTH SIDE OF MINNE- TONKA BOULEVARD FROM HUNTINGTON AVENUE TO INGLEWOOD AVENUE. It was moved by Councilman Messer, seconded by Councilman Jorvig, to waive first reading and set date for second reading of. Ordinance on August 17, 1959. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 451 Council Minutes - August 10, 1959 (j) 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 JULY 13, 1959); ALSO COMMUNICATION FROM MILLARD T. WOLFRAM IN OPPOSITION. ORDINANCE NO. 710 It was moved by Councilman Ehrenberg, seconded by Councilman Owen, to waive second reading and adopt Ordinance No. 710, entitled, "An Ordinance Amending the Zoning Ordinance of the City of St. Louis tirD Park". Motion passed by the following roll call vote: Councilman ® Davis, yea; Councilman Ehrenberg, yea; Councilman Jorvig, abstained from voting. Councilman Messer, nay; Councilman Owen, yea; Councilman Wolfe, yea; MayoLefler, yea. C.1.r 8. REPORTS OF OFFICERS. BOARDS. COMMITTEES (a) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-84-Z) RECOMMENDING FAVORABLY UPON THE REQUEST OF ST. LOUIS PARK THEATER COMPANY TO REZONE THE AREA BETWEEN WEST 31st STREET, T.H. #7, OTTAWA AVENUE, AND CAR- PENTER PARK FROM COMMERCIAL USE DISTRICT (WITH LIMITATION UNDER ORD- INANCE NO. 445) TO UNRESTRICTED COMMERCIAL USE DISTRICT, FROM C TO D-1 DENSITY DISTRICT AND FROM 2i TO 6 STORY HEIGHT DISTRICT. Action-(See item 5B for public: hearing) It was moved by Councilman Davis, seconded by Councilman Ehrenberg, that the above report be received for filing. Motion passed by a seven yea vote. (b) REPORT OF THE PLANNING COMMISSION RECOMMENDING FAVORABLY ON THE PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE WITH RESPECT TO DENSITY DISTRICTS. It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive first reading of ordinance and set date for second reading on August 17, 1959. Motion passed by a seven yea vote. (c) REPORT RELATIVE TO THE RETENTION OF A CERTAIN CITY EMPLOYEE BEYOND THE MANDATORY RETIREMENT AGE-BY THE CITY MANAGER (M.&C. NO. 59-25). A motion was made by Councilman Wolfe, seconded by Councilman Davis, to approve the City-Manager's recommendation as set forth in M.. & C. No. 59-25, allowing Mary Miller to remain in the employ of the City until October 31, 1960. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 452 Council Minutes - August 10, 1959 (d)- REPORT REGARDING THE DRIVEWAY CUT CONDITION OF THE SPECIAL USE PERMIT GRANTED BY RESOLUTION NO. 938 FOR A DAIRY QUEEN DRIVE IN AT 4407 EXCELSIOR BOULEVARD - BY THE CITY MANAGER (M.& C. 59-26) . It was moved by Councilman Ehrenberg, seconded by Councilman Owen,that this matter be deferred to August 17, 1959. Motion passed by a seven yea vote. (e) REPORTS ON CONDEMNATION FOR ACQUISITION OF PARK PROPERTIES - BY E. T. MONTGOMERY. No Action taken. (f) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-94-V) RECOMMENDING FAVORABLY UPON THE REQUEST OF LESLIE R. JOHNSON FOR A VARIANCE TO THE SETBACK REQUIREMENTS OF THE ZONING ORDINANCE UNDER AUTH- ORITY OF SECTION 20.4 and 20.6 TO PERMIT A SETBACK OF 12 FEET INSTEAD OF THE REQUIRED 50 FEET FROM WEST 42nd STREET. A motion was made by Councilman Jorvig, seconded by Council- man Owen, to approve the variance. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 9. UNFINISHED BUSINESS (a) AWARD OF CONTRACT FOR STREET GRADING, IMPROVEMENT NO. 59-29. RESOLUTION NO. 1031 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1031, entitled, "Resolution Accepting Bid for Street Grading, Improvement No. 59-29", (J. A. Danens & Son, Inc.) and authorizing the Mayor and City Manager to execute the contract in behalf of the City. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (b) AWARD OF CONTRACT FOR HOT MIX ASPHALT PAVING AND CURB AND GUTTER, IMPROVEMENT NOS. 59-68 and 59-90. RESOLUTION NO. 1032 It was moved by Councilman Jorvig, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1032, entitled, "Resolution Accepting Bid for Hot Mix Asphalt Paving and Curb and Gutter Improvement Nos. 59-68 and 59-90", (Black Top Service Company) and authorizing the Mayor and City Manager to execute the contract in behalf of the City. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 453 Council Minutes - August 10, 1959 (c) DANGEROUS BUILDING AT 3724 QUENTIN AVENUE (DEFERRED FROM AUGUST 3, 1959) . - RESOLUTION NO. 1033 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1033, entitled, "Resolution Making Findings of Fact as to Existence of a Dangerous Building as Defined In Section 5:1025 of the St. Louis Park Ord- inance Code, Pursuant to Section 5:1029". Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. C,0 C RESOLUTION NO. 1034 e It was moved by Councilman Davis, seconded by Councilman Q Jorvig, to waive reading and adopt Resolution No. 1034, entitled C-7" "Order Requiring All Owners, Mortgagees, Agents and All Other' Persons Having an Interest in Lots 7 and 8, Block 11, Westmoreland Addition to Remove or Demolish Building and Otherwise Remove a Dangerous Condition". Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (d) REPORT OF THE COMMITTEE ON ESTABLISHMENT OF A MUNICIPAL COURT (DEFERRED FROM AUGUST 3, 1959). RESOLUTION NO., 1035 It was moved by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 103'5, entitled, • "Resolution Establishing and Providing for the Organization of a Municipal Court for the City of St. Louis Park, Minnesota". Motion passed by a seven yea vote. (e) PROPOSED CURB AND-GUTTER-AND HOT MIX ASPHALT PAVING CONSTRUCTION, IMPROVEMENT NO. 59-107, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 16 AND 23, 1959 (HEARING HELD-JULY 27,--1959); ACTION DEFERRED FROM AUGUST 3, 1959)- RESOLUTION NO. 1036 It was moved by Councilman Messer-, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1036, entitled, "Resolution Ordering Improvement and Ordering Preparation of Plans Improvement No. 59-107". Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 454 Council Minutes - August 10, 1959 10. NEW BUSINESS (a) PROPOSED LEASE AGREEMENT WITH DAVID Z. JOHNSON FOR CITY OWNED LOT 3, BLOCK 4, SUNSET GABLES SECOND DIVISION. A motion was made by Councilman Davis, seconded by Councilman Jorvig, to approve Lease Agreement and to authorize the Mayor and City Manager to execute on behalf of the City. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. (b) APPOINTMENT OF LABOR (WATER AND SWWER DEPARTMENT) - BY THE CITY MANAGER. A motion was made by Councilman Davis, seconded by Councilman Wolfe, to consent and approve the following appointment by the City Manager: Jack L. Pero, Probationary Laborer, Water and Sewer Depart- ment, effective August 10, 1959. Motion passed by a six yea vote. Councilman Ehrenberg not present when vote was taken. 11. MISCELLANEOUS None. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Wolfe, seconded by Councilman Mes"ser, the lists of verified claims prepared by the Director of Finance and presented to the Council, dated August 10, 1959 in the total amount of $25,533.82 for vendors_were approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks cover- ing same, by a six yea vote. Councilman Ehrenberg not present when vote was taken. (b) CONTRACT PAYMENTS Councilman On motion of/Jorvig, 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 respective amount by a six yea vote. Council- man Ehrenberg not present when vote was taken. Engineers Certificate No. 4 Lateral Sanitary Sewer Project No. 59-32 Contractor - Swanson Excavating Co. and Northern Contracting Co. Amount of this payment - $65,611.89 455 Council Minutes - August 10, 1959 (b)(2) CONTRACT PAYMENTS On motion of Councilman Davis, 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 re- spective amount by a six yea vote. Councilman Ehrenberg not L") present when vote was taken. O Partial Payment Certificate No. 2 O Hot Mix Asphalt Paving and Portland Cement Concrete Curb and Gutter - Improvement Nos. 41 58-65, 69 and 59-70 & 82 Contractor - Black Top Service Co. Contract Date - May 25, 1959 Amount of this payment - $81,733.09 13. ADJOURNMENT On motion of Councilman Davis, seconded by Councilman Wolfe, the meeting was adjourned at 9:50 p.m., by a six yea vote. Councilman Ehrenberg not present when vote was taken. III I 1 if He be t P. Lef er, Mayo' ATTEST: osep Jusr:d, Secretary III