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Home My WebLink About1959/08/24 - ADMIN - Minutes - City Council - Regular 168- MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 2$, 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. Alan Whitman of the St. Georget,s Episcopal Church. 3. ROLL CALL The following Councilmen were present at roll call: H. C. Davis Torval Jorvig D. C. Messer Ed. Owen Kenneth Wolfe Herbert P. Lefler Also present were the City Manager, City Attorney, City Assessor and the Secretary. 4. MINUTES On motion of Councilman Davis, seconded by Councilman Jorvig, the minutes of meeting held August 17, 1959, were approved by a six yea vote. 5. PUBLIC HEARINGS (a) PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENTS COMPLETED WITHIN THE CITY, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JULY 30 AND AUGUST 6, 1959. Mayor Lefler opened the hearing on this matter. Mr. B. V. Reamer, 6509 Minnetonka Boulevard, was-present at the meeting and complained about the work done on Improvement No. 58-17. He has written a letter setting forth the complaint. Mayor Lefler declared the hearing closed. 469 Council Minutes - August 24, 1959 111 RESOLUTION NO. 1046 It was moved by Councilman Davis, seconded by Councilman Owen, to waive reading and adopt Resolution No. 1046, entitled, "Resolution Adopting.Assessment", after deleting Improvement Nos. 58-66, 58-72, 58-73 and 57-47. Motion passed by a six yea vote. RESOLUTION NO. 1047 It was moved by Councilman Davis, seconded by Councilman Owen, to wiave reading and adopt Resolution No. 1047, entitled, "Resolution Calling Hearings on Proposed -Special Assessments Improvement Nos. 58-66, 58-72, 58-73 and 57-47" hearing on ry September 14, 1959. Motion passed by a six yea vote. Cz.a 6. PETITIONS. REQUESTS AND COMMUNICATIONS (a) COMMUNICATION FROM A. C. GODWARD, CONSULTING ENGINEER FOR FEES - THOMSON, CONCERNING PARK ACQUISITION OF BASS LAKE. It was moved by Councilman Davis, seconded by Councilman Messer, that the communication be referred to the special meeting with the Parks and Recreation Advisory Commission and also re- "' to the Planning Commission for study and report. Motion passed by a six yea vote. (b) COMMUNICATION FROM GEORGE M. HANSEN, CPA, CONCERNING THE 1959 AUDIT FOR THE CITY. RESOLUTION NO. 1048 It was moved by Councilman Davis, seconded by Councilman -Owen, to waive reading and adopt Resolution No. 1048, entitled, "A Resolution Providing for the Employment of George M. Hansen to Audit the Accounts and Records of the City for the 1959 Fiscal Year" Motion passed by a six yea vote. (c) COMMUNICATION REGARDING DRAINAGE SITUATION IN AREA BETWEEN WOODDALE, DEVANEY AND QUENTIN AVENUES - BY RICHARD AND CLARA RHODES. Clara Rhodes and others were present at the meeting re- garding this matter. It was moved by Councilman Jorvig, seconded by Councilman Messer, that this matter be referred to the City Manager and the Director of Public Works and that they be requested to present a report for the solution of this matter. Motion passed by a six yea vote: 170 Council Minutes - August 24, 1959 (d) COMMUNICATION CONCERNING LIBRARY FACILITIES IN ST. LOUIS PARK - BY HELEN A. YOUNG, DIRECTOR, HENNEPIN COUNTY LIBRARY. It was moved by Councilman Davis, seconded by Councilman Messer, that a report be requested from Helen Young as to the actual needs for a Library; and that the Mayor be requested to appoint a committee to confer with Helen Young. Motion passed by a six yea vote. (e) COMMUNICATION FROM GEORGE F. WEATON JR. REGARDING DRAINAGE SITUATION IN ALLEY IN BLOCK 16, LENOX ADDITION. Mr. George Weaton and Mrs. Don Johnson were present at the meeting in support of this matter. RESOLUTION NO. 1049 It was moved by Councilman Messer, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1049, entitled, "Resolution Declaring Petition for Local Improvement Inadequate Improvement No. 59-65". Motion passed by a six yea vote. (f) COMMUNICATION FROM IRVING R. BRAND REGARDING TRAFFIC SITUATION AT WEST LAKE STREET AND FRANCE AVENUE, AND REPORT FROM THE DIRECTOR OF PUBLIC WORKS. It was moved by Councilman Davis, seconded by Councilman Wolfe, that this matter be referred to Mayor Lefler and that he discuss this matter with Mr. Brand and others, with an effort to get Minneapolis to participate in the original cost of these traffic signals. Motion passed by a six yea vote. (g) PETITION TO VACATE WEST 31st STREET FROM RHODE ISLAND AVENUE TO SUMTER AVENUE (REFERRED TO PLANNING COMMISSION AUGUST 18, 1959). It was moved by Councilman"Davis, seconded by Councilman "Jorvig, that petition, dated July 17, 1959, to grade street be referred to the Planning-Commission for further consideration, in connection with petition to vacate street.- Motion passed by a six yea vote. 47 I Council Minutes - August 24, 1959 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARA- TION OF PROPOSED ASSESSMENT IMPROVEMENT NOS. 58-3 and 58-70 (NORTHSIDE LATERAL SEWER AND STREET RESURFACING). RESOLUTION NO. 1050 It was moved by Councilman Wolfe, seconded by Councilman Davis, to waive reading and adopt Resolution No. 1050, entitled, e,a "Resolution Declaring Costs to be Assessed and Ordering Prepara- tion of Proposed Assessment Improvement Nos. 58-70 and 58-3'?. CD Motion passed by a six yea vote. et et C (b) RESOLUTION FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS. (IMPROVE- MENT NOS. 58-3 and 58-70 - NORTHSIDE LATERAL SEWER AND STREET REBURFACING). RESOLUTION NO. 1051 It was moved by Councilman Wolfe, seconded by Councilman Davis, to waive reading and Adopt Resolution No. 1051, entitled, "Resolution for Hearing on Proposed Special Assessment for Im- provement Nos. 58-3 and 58-70". Hearing September 21, 1959. Motion passed by a six yea vote. (c) RESOLUTION PROPOSING IMPROVEMENT AND ORDERING PREPARATION OF REPORTS ON IMPROVEMENT OF HOT MIX ASPHALT PAVING AND PORTLAND CEMENT CURB AND GUTTER ON SOUTH HILL LANE (REQUESTED AUGUST 17, 1959). RESOLUTION NO. 1052 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1052, entitled, "Resolution Proposing Improvement and Ordering Preparation of Reports on Improvement of Hot Mix Asphalt Paving and Portland Cement Curb and Gutter on South Hill Lane". Motion passed by a six yea vote. (d) RESOLUTION DECLARING COUNCIL POLICY ON CONSTRUCTION OF PROPOSED WESTMORELAND STREET (REQUESTED AUGUST 17, 1959). Mrs. H. P. Morris spoke in opposition to this Resolution. RESOLUTION NO. 1053 It was moved by Councilman Messer, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1053, entitled, "Resolution Declaring Council Policy on Construction of Proposed - Westmoreland Street". Motion passed by a six yea vote. 1 72 Council Minutes - August 24, 1959 (e) RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY AND THE CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD COMPANY COVERING THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN, REPAIR AND USE A TWELVE INCH SANITARY SERER LINE OVER AND ACROSS THE JOINTLY OWNED PROPERTY OF TEE MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY AND THE CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD COMPANY (HEREINAFTER REFERRED TO AS THE "RAILWAY COMPANY" IN ,THE CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 1054 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1054, entitled, "Resolution Authorizing the Execution of a License Agreement with the Minneapolis and St. Louis Railway Company and the Chicago Milwaukee St. Paul and Pacific Railroad Company covering the Right to Construct, Reconstruct, Maintain, Repair and Use a Twelve-Inch Sanitary Sewer Line Over and Across the Jointly Owned Property of the Minneapolis and St. Louis Railway Company and the Chicago Milwaukee St. Paul and Pacific Railroad Company (Hereinafter referred to as 'the "Railway Company" in the City of St. Louis Park, Minnesota". Motion passed by a six yea vote. (f) RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY COVERING THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN, REPAIR AND USE A 15 INCH SANITARY- SEWER LINE CROSSING AT ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA. RESOLUTION NO. 1055 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1055, entitled, "Resolution Authorizing the Execution of a License Agreement with the Minneapolis and St. Louis Railway Company Covering the Right to Construct, Reconstruct, Maintain Repair and Use a 15 - inch Sanitary Sewer Line Crossing at St. Louis Park, Hennepin County, Minnesota"". Motion passed by a six yea vote. (g) RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE MINNEAPOLIS AND ST. LOUIS RAILWAY COMPANY COVERING THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN, REPAIR AND USE A TWELVE- INCH SANITARY SEWER LINE AT ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA. RESOLUTION NO. 1056 A motion was made by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1056, entitled, "Resolution Authorizing the Execution of a License Agreement with the Minneapolis and St. Louis Railway Company Covering the Right to Construct, Reconstruct, Maintain, Repair and Use a 12-inch Sanitary Sewer Line at St. Louis Park, Hennepin Q'ounty, Minnesota. Motion passed by a six yea vote. 4 '73 Council Minutes - August 24, 1959 _. (h) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK, NO. 349, ADOPTED ON DECEMBER 19, 1949, ENTITLED, "AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF ST. LOUIS PARNIOFF-STREET PARKING). ORDINANCE NO. 71L, _ It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive second reading and adopt Ordinance No. 714, entitled, "An-Ordinance Amending the Zoning Ordinance of the City of St. Louis Park, No. 349, Adopted on December 19, 1949, Entitled, "An Ordinance Amending the Zoning Ordinance of the Village of St. Louis Park". Motion passed by a six yea vote. 8. REPORTS OF OFFICERS. BOARDS AND COMMITTEES (a) FINANCIAL REPORT OF THE CITY FOR JULY 1959 - BY THE CITY MANAGER. On heating no objections Mayor Lefler ordered the report received for filing. • (b) PROPOSED 1960 RECREATION DEPARTMENT BUDGET. It was moved by Councilman Davis, seconded by Councilman Owen, that action on the above Budget be deferred until con- sideration of 1960 Budget. Motion passed by a six yea vote. (c) REPORT ON REQUEST TO LEASE CITY PROPERTY (BLOCK 5, BROOKSIDE SECOND_ DIVISION) FOR WTCN RADIO TRANSMITTING FACILITIES - BY THE CITY MANAGER (M. & C. NO. 59-28). Manager Present ,were: Arthur Weisberg, Attorney and John Baldwin,Operations/ . •A motion was made by Councilman Owen, seconded by Council- man Messer, that action on this matter be referred to the Planning Commission for advice and recommendation. Motion passed by a six yea vote. (d) REPORT ON PROPOSED DEVELOPMENT OF JOHNSON'S LAKE AREA - BY COUNCIL APPOINTED STUDY COMMIr'w:r. (REQUESTED JUNE 22, 1959). It was moved by Councilman Wolfe, seconded by Councilman Davis, that the City Attorney be directed to prepare a resolu- tion ordering working plans and specifications for Johnson's Lake Area. Motion passed by a six yea vote. 47 4 Council Minutes - August 24, 1959 1111(e) -REPORT OF CONSULTANT TO SUBUr4AN GAS AGENCY REGARDING PROPOSED NEW GAS FRANCHISE SUBMITTED BY MINNEAPOLIS GAS COMPANY TO SUB- URBAN COMMUNITIES ON FEBRUARY 19, 1959. It was moved by Councilman Messer, seconded by Councilman Jorvig, that the above matter be referred to the City represen- tative on Suburban Gas Agency Board of Directors. Motion passed by a five yea vote. Councilman Davis out of room when vote was taken). 9. UNFINISHED BUSINESS (a) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-101-V) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF LEROY SIGN COMPANY FOR VARIANCE TO THE SETBACK REQUIREMENTS OF THE ZONING ORDINANCE UNDER AUTH- ORITY OF SECTIONS 20.4 AND 20.5 TO PERMIT ERECTION OF SIGN WITH A 2 FOOT SETBACK INSTEAD OF THE REQUIRED 20 FEET FROM JOPPA AVENUE AT 3655 JOPPA AVENUE (DEFERRED FROM AUGUST 17, 1959) . Mr. C. A. Swanson, representing petitioner, was present at the meeting. A motion was made by Councilman Owen, seconded by Councilman Wolfe, to approve the variance. Motion passed by a five yea vote. Councilman Davis asked to, be excused from voting on this item because of a personal interest in the matter. (b) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-102-SP) RECOMMENDING UNFAVORABLY UPON THE REQUEST OF LEROY SIGN COMPANY FOR SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10. 3-20 OF THE ZONING ORDINANCE • 10 ERECT A SIGN 11 FEET, 4 INCHES BY 9i YEET (107 SQUARE FEt,T) at 3655 JOPPA AVENUE (DEFERRED FROM AUGUST 17, 1959). Mr. C. A. Swanson, representing petitioner, was present at the meeting. - A motion was made by Councilman Wolfe, seconded by Councilman _ Messer, that the above request be denied. Motion passed by a five yea vote. Councilman Davis asked to be excused from voting on this item because of a personal interest in the matter. 475 Council Minutes - August 24, 1959 (c) 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 NO. 59-26 - DEFERRED FROM AUGUST 17, 1959) . Mr. Phil. Hlavac and Mr. R. C. Fernstrom were present at the meeting. Mayor Lefler referred to a letter, dated August 20, 1959, received from Mr. Hlavac. L'D It was moved by Councilman Wolfe, seconded by Councilman Messer, that the City Attorney prepare a resolution amending ® Resolution No. 938,Granting Permit to Operate a Drive-in, to permit planting within 2 feet of the sidewalk property e/ line on Kipling Avenue. Motion passed by a six yea vote. Councilman Davis left at 10:45 p.m. 10. NEW BUSINESS (a) SIDEWALKS IN THE VICINITY OF THE NEW JUNIOR HIGH SCHOOL - BY COUNCILMAN WOLFS. It was moved by Councilman Davis, seconded by Councilman Wolfe, that the matter of construction of sidewalks on the approachs to the new Junior High School be referred to the Director of Public Works for study and report, as to location etc. Motion passed by a six yea vote. (b) SIDEWALK SNOW REMOVAL IN THE VICINITY OF SCHOOLS. Present to discuss this matter were; A. J. Ramee, 8616 Cedar Lake Road; John B. Burnett, 8310 Cedar Lake Road. It was suggested that some method be developed to see that a pathway is cleared for children walking to school. A motion was made by Councilman Wolfe, seconded by Councilman Davis, that this matter be referred to the Director of Public Works for study and recommendation. Motion passed by a six yea vote. (c) REGARDING WESTWOOD HILLS PARK ACQUISITION. Attorney Montgomery made an oral report on the progress to date. He stated that he would give a written report. -IL 76 Council Minutes - August 24, 1959 Bob Lange, Attorney for Murrimac Company, was present. Mayor Lefler stated that he felt this matter should be discussed with the Park & Recreation Advisory Committee. A motion was made by Councilman Davis, seconded by Council- man Jorvig, that the City Manager be directed to set up a meeting of the Council with the Park & Recreation Advisory Committee to discuss the acquisition of Westwood Hills Park lands. Motion passed by a six yea vote. 11. MISCELLANEOUS (a) DAMAGE CLAIMS 1. Frank J. Shimota, 7600 North Street (referred to Law Department August 19, 1959). It was moved by Councilman Wolfe, seconded by Councilman Messer, that this matter be referred to the Law Department for advice and recommendation. Motion passed by a five yea vote. Councilman Davis not present when vote was taken. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Owen, seconded by Councilman Messer, the list of verified claims prepared by the Director of Finance and presented to the Council, dated August 24, 1959 in the total amount of $54,046.19 -for vendors was approved, and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a roll call vote of five yeas. Councilman David not present when vote was taken. (b) CONTRACT PAYMENTS 1. Final Payment. Painting Steel Water Tank #3 at 8301 West 34th Street. Contractor Schumann Bros. Amount $6,013.00. RESOLUTION NO. 1057 It was moved by Councilman Wolfe, seconded by Councilman Messer, to wiave reading and adopt Resolution No. 1057, entitled, "Resolution Accepting Work on Painting Steel Water Tank No. 3, at 8301 West 34th Street". Motion passed by a five yea vote. Councilman Davis not present when vote was taken. r 47 7 _ Council Minutes - August 24, 1959 13. ADJOURNMENT. On motion of Councilman Messer, seconded by Councilman Wolfe, the meeting was adjourned at 10:58 p.m., by a five yea vote. Councilman Davis not present when vote was taken. i i 1:: l co _. r CD H: "ert ' _. -fler, ,yor d PI Attest: 1 /�' .r . /. J. .eph J%stadr .cretary III 0