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HomeMy WebLinkAbout1959/09/28 - ADMIN - Minutes - City Council - Regular 9 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 28, 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. Arnold Anderson of the Westwood Lutheran Church. 3. ROLL CALL The following Councilmen were present at roll call: 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 and Supervisor of Zoning & Inspection and the Secretary. 4. Minutes On motion of Councilman Messer, seconded by Councilman Wolfe, the minutes of regular meeting held September 21 and minutes of special meeting held September 21, 1959, were approved by a six yea vote. Councilman Davis arrived at 8:05 p.m. 5. PUBLIC HEARINGS (a) PROPOSED TEMPORARY SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.2-4 OF THE ZONING ORDINANCE TO MINE SAND AND GRAVEL IN PART OF GOV'T LOT 8 (38.03 ACRES), SECTION 4-117-21, AND PART' OF GOV'T LOT 1 (4.18 ACRES), SECTION 9-117-21, LYING NORTHERLY OF CEDAR LAKE ROAD AND WEST OF PROPOSED VERNON AVENUE, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 17, 1959 (CASE NO. 59-122-SP), REQUESTED BY MINNESOTA SAND AND GRAVEL CO. Mayor Lefler opened the hearing on this matter. C. H. Klein was present in support of the request. The following were present making inquiries regarding this matter: .Mr. Warren E. Benedict, 6013 Cedar Lake Road, Mr. Otto Bjorklund, 1626 Zarthan Avenue. Mayor Lefler declared the hearing closed. 10 Council Minutes - September 28, 1959 RESOLUTION NO. 1089 A motion was made by Councilman Wolfe, seconded by Council- man Owen, to waive reading and adopt Resolution No. 1089, entitled, "Resolution Granting Permit Under Section 10.2 of the Zoning Ordinance of the City of St. Louis .Park". Motion passed by a seven yea vote. (b) PROPOSED SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10. 3-25 OF THE ZONING ORDINANCE FOR A FOOD SALES BUILDING AT 8105 MINNETONKA BOULEVARD (SOUTHWEST CORNER OF MINNETONKA BOULEVARD AND UTAH AVENUE - CASE NO. 59-119-SP, REQUESTED BY PROPERTY MANAGEMENT COMPANY) AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 17, 1959. Mayor Lefler opened the hearing on this matter. Adolph Fine was present in favor of request. Mayor Lefler declared the hearing closed. RESOLUTION NO. 1090 It was moved by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive reading and adopt resolution, as amended to set forth the conditions as set forth in the Planning Commission recommendation, No. 1090, entitled, "Resolution Granting Permit Under Section 10.3 of the Zoning Ordinance of the City of St. Louis Park". Motion passed by a seven yea vote. (c) PROPOSED SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.3-25 OF THE ZONING ORDINANCE FOR A BUILDING SERVING FOOD, SOFT DRINKS, ETC. AT 4220 MINNETONKA BOULEVARD (LOTS 11, 12, 13, BLOCK 4, SUNSET GABLES SECOND DIVISION, CASE NO. 59-78-SP), REQUESTED BY BERNARD HOROVITZ), AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 17, 1959. Mayor Lefler opened the hearing on this matter. Hearing on this item and 5(d) were had at the same time. The following persons were present in support of these requests: Attorney Matthew Levitt and Bernard Horovitz. The following persons were present in opposition to these requests: David Z. Johnson and Mrs. David Johnson, 4201 Sunset Boulevard, Leland Gottstein, 4123 Sunset Boulevard, Mrs. P. Wilensky, 4023 Sunset Boulevard, Mr. Greenstein owner of 4210 Sunset Boulevard, Mrs. Sam Rozman, 4300 Sunset Boulevard, she also stated that she was expressing the same view for Wm. C. Redlin, 4220 Sunset Boulevard. 11 .. Council Minutes - September 28, 1959 It was moved by Councilman Ehrenberg, seconded by Councilman Jorvig, that this matter be tabled. Motion passed by a seven yea vote. (d) PROPOSED SPECIAL PERMIT UNDER AUTHORITY OF SECTION 10.1-9 OF THE ZONING ORDINANCE TO USE RESIDENTIAL LAND ADJACENT TO COMMERCIAL PROPERTY FOR PARKING AT 2921-2927 JOPPA AVENUE (LOTS 14 and 15, BLOCK 4, SUNSET GABLES SECOND DIVISION, CASE NO. 59-113-SP, REQUESTED BY BERNARD HOROVITZ), AS DESCRIBED IN NOTICE OF HEARING PUBLISHED SEPTEMBER 17, 1959. Mayor Lefler opened the hearing on this matter. Hearing on this item - see 5(c) Mayor Lefler declared the hearing closed. It was moved by Councilman Ehrenberg, seconded by Council- man Jorvig, that this matter be tabled. Motion passed by a seven yea vote. 6. PETITIONS, REQUESTS AND COMMUNICATIONS (a) REGARDING PLAT WYNN'S SECOND ADDITION. William Wynn, subdivider, requested the Council to move up the date for consideration of his final plat of Wynn's Second Addition to October 14, 1959, which would give him opportunity of starting to build a home, before frost comes. It was moved by Councilman Davis, seconded by Councilman Jorvig, that the City Manager be directed to put this matter (Final Plat Wynn's 2nd. Addition) on the agenda,for considera- tion,October 14, 1959. Motion passed by a seven yea vote. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION APPROVING 1959 LEVY, COLLECTIBLE IN 1960. RESOLUTION NO. 1091 It was moved by Councilman Wolfe, seconded by Councilman Owen, to w2.ive reading and adopt Resolution No. 1091, entitled, "Resolution Approving 1959 Levy, Collectible in 1960". Motion passed by a seven yea vote. '1 2 Council Minutes - September 28, 1959 (b) RESOLUTION CANCELING 1959 TAX LEVY FOR OCTOBER 1, 1948 SERIES BONDS, MATURITY IN YEAR 1960. RESOLUTION NO. 1092 It was moved by Councilman Ehrenberg, seconded by Council- man Davis, to waive reading and adopt Resolution No. 1092, entitled, "Resolution Canceling 1959 Tax Levy for October 1, 1948 Series Bonds, Maturity in Year 1960". Motion passed ' by a seven yea vote. (c) RESOLUTION CANCELING 1959 TAX LEVY FOR JANUARY 1, 1953 SERIES WATER TANK BONDS MATURITY INCYEAR 1960. RESOLUTION NO. 1093 It was moved by Councilman Ehrenberg, seconded by Council- man Davis, to waive reading and adopt Resolution No. 1093, entitled, "Resolution Canceling 1959 Tax Levy for January 1, 1953 Series Water Tank Bonds Maturity in Year 1960". Motion passed by a seven yea vote. (d) RESOLUTION REDUCING 1959 TAX LEVY FOR IMPROVEMENT BONDS DATED SEPTEMBER 1, 1957 MATURITY IN YEAR 1960. RESOLUTION NO. 1094 It was moved by Councilman Ehrenberg, seconded by Council- man Davis, to waive reading and adopt Resolution No. 1094, entitled, "Resolution Reducing 1959 Tax Levy for Improvement Bonds Dated September 1, 1957 Maturity in Year 1960". Motion passed by a seven yea vote. (e) RESOLUTION REDUCING 1959 TAX LEVY FOR GARBAGE DISPOSAL PLANT BONDS DATED AUGUST 15, 1953 MATURITY IN YEAR 1960. RESOLUTION NO. 1095 It was moved by Councilman Ehrenberg, seconded by Council- man Davis) to waive reading and adopt Resolution No. 1095, entitled, "Resolution Reducing 1959 Tax Levy For Garbage Disposal Plant Bonds Dated August 15, 1953 Maturity in Year 1960". Motion passed by a seven yea vote. (f) RESOLUTION AUTHORIZING RECONVEYANCE OF TAX-FORFEITED LAND (Lot 7, Block 3, Westmoreland Park Addition). RESOLUTION NO. 1096 It was moved by Councilman Messer, seconded by Council- man Wolfe, to waive reading and adopt Resolution No. 1096, entitled, "Resolution Authorizing Reconveyance of Tax-Forfeited Lands". Motion passed by a seven yea vote. El Council Minutes - September 28, 1959 (g) RESOLUTION LEVYING ASSESSMENT FOR DELINQUENT SERVICE CHARGES, SEWER, WATER, AND DISPOSAL OF COMMERCIAL GARBAGE AND REFUSE, AND NUISANCE ABATEMENT. It was moved by Councilman Davis, seconded by Council- man Messer, that the amount to be assessed for tearing down house and leveling out lot at 2632 Idaho Avenue, be reduced to $150.00 as recommended by the City Attorney. Motion passed by a seven yea vote. RESOLUTION NO. 1097 It was moved by Councilman Jorvig, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1097, entitled, "Resolution Levying Assessment for Delinquent Service Charges, Sewer, Water, Disposal of Commercial Garbage and Refuse, and Nuisance Abatement". Motion passed by a seven yea vote. (h) RESOLUTION ORDERING PREPARATION OF PLANS, IMPROVEMENT NOS. 59-103, 59-51, 59-60. RESOLUTION NO. 1098 It was moved by Councilman Davis, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1098, entitled, "Resolution Ordering Preparation of Plans Improvement Nos. 59-103, 59-51 and 59-60". Motion passed by a seven yea vote. (i) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT NOS. 59-103, 59-51 and 59-60. RESOLUTION NO. 1099 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1099, entitled, "Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvements, No. 59-103, 59-51 and 59-60". Motion passed by a seven yea vote. (j) FIRST READING OF PROPOSED ORDINANCE ESTABLISHING SALARIES OF COUNCIL MEMBERS FOR 1960. It was moved by Councilman Wolfe, ,seconded by Councilman Ehrenberg, to waive first reading of ordinance and to set date for second reading on October 5, 1959. Motion passed by five yeas and two nays. Councilman Jorvig and Councilman Davis voted nay. 14 Council Minutes - September 28, 1959 (k) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE NO. 59-103-Z, REQUESTED BY CARLYLE JACOBSEN, ,DEFERRED FROM SEPTEMBER 21, 1959). Mr. Carlyle Jacobsen was present in support of request. ORDINANCE NO. 718 It was moved by Councilman Ehrenberg, seconded by Council- man Owen, to waive second reading and adopt Ordinance No. 718, entitled, "An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park (4509-11 West 36th Street)". Motion passed by a seven yea vote. (1) SECOND READING OF PROPOSED ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR 1960 AND AMENDING THE 1959 BUDGET AS ADOPTED BY ORDINANCE 642 AND AMENDED BY ORDINANCE 670. ORDINANCE NO. 719 It was moved by Councilman Davis, seconded by Council- man Messer, to waive second reading and adopt Ordinance No. 719, entitled, ?"An Ordinance Adopting the Budget for the Fiscal Year 1960 and Amending the 1959 Budget as Adopted by Ordinance 642 and Amended by Ordinance 670". Motion passed by a seven yea vote. (m) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE NO. 59-17-Z), REQUESTER.) BY WILLIAM B. ECOFF, DEFERRED FROM SEPTEMBER 21, 1959). ORDINANCE NO. 720 It was moved by Councilman Ehrenberg, seconded by Council- man Owen, to waive second reading and adopt Ordinance No. 720, entitled, "An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". (4800 block on South side of Cedar Lake Road). Motion passed by a seven yea vote. (n) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORDINANCE (CASE NO. 59-97-Z), REQUESTED BY CHARLFS E. FELLOWS, DEFERRED FROM SEPTEMBER 21, 1959). ORDINANCE NO. 721 It was moved by Councilman Messer, seconded by Councilman 'Jorvig, to waive second reading and adopt Ordinance No. 721, entitled, "An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". (7312-7318 Minnetonka Boulevard) Motion passed by a seven yea vote. 15 Council Minutes - September 28, 1959 It was moved by Councilman Ehrenberg, seconded by Council- man Owen, to grant special permit to allow two two-family dwellings in "C" Density District. Motion passed by a seven yea vote. 8. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) FINANCIAL REPORT OF THE CITY FOR AUGUST 1959 - BY THE CITY MANAGER. On hearing no.objections the Mayor ordered the report received for filing. (b) REPORT OF COUNCIL COMMITTEE ON NAMING NEW STREET FORMING SOUTHWARD EXTENSION OF TURNER'S CROSSROAD, AND COMMUNICATION FROM GOLDEN VALLEY. It was moved by Councilman Messer, seconded by Councilman Jorvig, to waive first reading of proposed ordinance and to set date for second reading on October 5, 1959. Motion passed by six yeas. andone nay. Councilman Ehrenberg voting nay. 9. UNFINISHED BUSINESS (a) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-77-V) RECOMMEND- ING FAVORABLY UPON THE REQUEST OF BERNARD HOROVITZ FOR A VARIANCE OF SETBACK UNDER AUTHORITY OF SECTION 20.4 AND 20.5 OF THE ZONING ORDINANCE FROM REQUIRED 20 FEET TO 5 FEET AT 4220 MINNETONKA BOULEVARD ,(LOTS 11, 12, 13, BLOCK 4, SUNSET, GABLES SECOND DIVISION, DEFERRED FROM SEPTEMBER 14, 1959). It was moved by Councilman Ehrenberg, seconded by Councilman Jorvig, to waive reading and adopt resolution denying the variance. After considerable discussion, a motion was made by Council- man Davis, seconded by Councilman Messer, to table the above motion. Motion lost by the following roll call vote: Councilman Davis, yea; Councilman Ehrenberg, nay; Councilman Jorvig, nay; Councilman Messer, yea; Councilman Owen, yea; Councilman Wolfe, nay; Mayor Lefler, nay. Discussion followed. AL Council Minutes ; September 28, 1959 It was moved by Councilman Ehrenberg, seconded by Councilman Jorvig, that the motion adopting resolution be tabled. Motion passed by a seven yea vote. (b) REPORT OF THE PARKS AND RECREATION ADVISORY COMMISSION RECOMMENDING ACQUISITION OF PARTS OF LOTS 19 THROUGH 23, BLOCK 2, BROWNDALE PARK FOR EXPANSION OF BROWNDALE PARK (DEFERRED FROM SEPTEMBER 14, 1959). It was moved by Councilman Davis, seconded by Councilman Owen, that action on this matter be deferred until October 19, 1959. Motion passed by a seven yea vote. (c) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-109-MISC.) RECOMMENDING FAVORABLY UPON THE REQUEST OF THE PARKS AND RECREATION ADVISORY COMMISSION TO MODIFY THE PARK PLAN BY ADDING LOTS 2, 3, AND 8, BLOCK 1, TUXEDO PARK TO THE PROPOSED FERN HILL PARK (DEFERRED FROM SEPTEMBER 21, 1959). It was moved by Councilman Davis, seconded by Councilman Jorvig, to defer action on this matter until October 5, 1959. Motion passed by a seven yea vote. (d) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-110-Mlsc) RECOMMENDING FAVORABLY UPON THE REQUEST OF THE PARKS AND RECREATION ADVISORY COMMISSION FOR ACQUISITION OF LOTS 4 THROUGH 9, AND PART OF LOT 53, BLOCK 291, REARRANGEMENT OF ST. LOUIS PARK FOR EXPANSION OF OAK HILL PARK (DEFERRED FROM SEPTEMBER 21, 1959). It was moved by Councilman Davis, seconded by Councilman Jorvig, that action on this matter be deferred until October 5, 1959. Motion passed by a seven yea vote. (e) PROPOSED CHANGE ORDER TO SANITARY SEWER CONTRACT WITH SWANSON EXCAVATING COMPANY AND NORTHERN CONTRACTING COMPANY, PROJECT NO. 59-32, TO DELETE 200 FEET OF SANITARY SEWER ON BRUNSWICK AVENUE FROM RAILROAD AVENUE TO WEST 37th STREET. On motion of Councilman Davis, seconded by Councilman Jorvig, proposed change order to Sanitary Sewer Contract with Swanson Excavating Company and Northern Contracting Company - Project No. 59-32, was approved and City Manager was authorized to execute Change Order to delete 200 feet of Sanitary Sewer on Brunswick Avenue from Railraod Avenue to West 37th Street,by a vote of seven yeas. council Minutes - September 28, 1959 10. NEW BUSINESS (a) PURCHASE OF ANNUAL REQUIREMENTS OF ROCK SALT. It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to approve the purchase of annual requirements of rock salt. Motion passed by a seven yea vote. (b) LICENSE AGREEMENT BETWEEN MINNEAPOLIS NORTHFIELD AND SOUTHERN RAILWAY COMPANY AND CITY OF ST. LOUIS PARK (SOUTHWEST SANITARY SEWER). It was moved by Councilman Wolfe, seconded by Councilman Jorvig, to authorize the Mayor and City Manager to execute same. Motion passed by a seven yea vote. (c) ACCEPTANCE OF DEED ,FROM NATIONAL LEAD COMPANY (SOUTHWEST SANITARY SEWER). It was moved by Councilman Jorvig, seconded by Councilman Wolfe, to accept this deed and to authorize the City Attorney to record same. Motion passed by a seven yea vote. 11. MISCELLANEOUS ANEOUS (a) It was moved by Councilman Davis, seconded by Councilman Owen, that the Council meeting of October 12, 1959 be set for . Wednesday, October 14, 1959. Motion passed by a seven yea vote. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS On motion of Councilman Jorvig, seconded by Councilman Messer, the lists• of verified claims prepared by the Director of Finance and presented to the Council, dated September 28, 1959 in the total amounts of $1,631.92 for payroll, and $39,252.53 for vendors were approved, . and the City Manager, City Clerk, and City Treasurer were authorized to issue checks covering same, by a roll call vote of seven yeas. Council Minutes - September 28, 1959 (b) Contract Payment 1. Final Certificate. 2" Bituminous Surfacing. Improve- ment Nos. 56-22, 56-70 thru 74 and 56-76. Contractor, Earl A. Sewall Company. Amount, $2,006.17. RESOLUTION NO. 1100 It was moved by Councilman Jorvig, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1100, entitled, "Resolution Accepting Work on 2" Bituminous Surfacing, Improve- ments 56-22, 56-70, 56-71, 56-72, 56-73, 56-74 and 56-76". Motion passed by a seven yea vote. 13. ADJOURNMENT On motion of Councilman Davis, seconded by Councilman Jorvig, the meeting was adjourned at 10:35 p.m. to 5 p.m. on September 30, 1959, by a seven yea vote. He,be P. Lef e , Mayor/ ATTEST: /lit/IfJ seph Justa , Secretary