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HomeMy WebLinkAbout1959/09/08 - ADMIN - Minutes - City Council - Regular la 9 MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 8, 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. James Heule of the Aldersgate Methodist 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 Zoning and Inspection and the Secretary. 111 4. MINUTES On motion of Councilman Messer, seconded by Councilman Wolfe, the minutes of regular meeting held August 24, 1959 and minutes of special meeting held August 26, 1959, were approved by a seven yea ,vote. 5. PUBLIC HEARINGS (a) PROPOSED REZONING OF LOTS 10 AND 11, BLOCK 7, HIGH HOLBORN ADDITION (7312-7318 MINNETONKA BOULEVARD) FROM RESIDENTIAL USE DISTRICT TO MULTIPLE DWELLING USE DISTRICT, REQUESTED BY CHARLES E. FELLOWS (CASE NO. 59-97-Z). Mayor Lefler opened the hearing on this matter. The following persons were present in opposition: Mr. A. Grot, 2909 Nevada Avenue, Mr. D. Beaudry, 2916 Nevada Avenue, Mr. Lee, 2908 Nevada Avenue, Mr. Wm. William, 2912 Nevada Avenue. Mr. Fred Huber, 7325 Minnetonka Boulevard, Mr. Emil Forsberg, 7300 Minnetonka Boulevard, were present at the meeting and inquired about the type of buildings proposed. Mayor Lefler declared the hearing closed. 480 0 Council Minutes - September 8, 1959 A motion was made by Councilman Ehrenberg, seconded by Councilman Wolfe, to waive first reading of ordinance and to set date for second reading on September 21, 1959.. Motion passed by a seven yea vote. . (b) PROPOSED REZONING OF THE NORTH 100 FENT OF THE EAST 225.88 FhtT OF BLOCK A, MINIKAHDA VISTA-SECOND ADDITION(4509-4511 West 36th STREET) FROM D-4 TO D-3 DENSITY DISTRICT, REQUESTED BY CARLYLE JACOBSEN (CASE NO. 59-103-Z-SFR ITEM 9C FOR VARIANCE REQUESTED) . Mayor Lefler opened the hearing on this matter. No one present was interested in this matter. Mayor Lefler declared the hearing closed. A motion was made by Councilman Davis, seconded by Council- man Wolfe, that action be deferred on this item until Council has considered item 9C on the agenda. Motion passed by a seven yea vote. After consideration of item 9C - A motion was made by Council- man Wolfe, seconded by Councilman Owen,to waive first reading of ordinance and to set date for second reading on September 21, 1959. Motion passed by a seven yea vote. (c) PROPOSED REZONING OF PART OF SE4 OF SW4 OF SECTION 30, TOWNSHIP 29, RANGE 24 (4800 BLOCK ON SOUTH SIDE OF CEDAR LAKE ROAD BETWEEN OTTAWA AND PRINCETON AVENUES) FROM RESIDENTIAL AND LIGHT INDUSTRIAL USE DISTRICT TO MULTIPLE DWELLING USE DISTRICT AND FROM UCtb TSO "D-4" DENSITY DISTRICT, REQUESTED BY WILLIAM B. ECOFF (CASE NO. 59-17-Z) . Mayor Lefler opened the hearing on this matter. No one present was interested in this matter. Mayor Lefler declared the hearing closed. A motion was made by Councilman Wolfe, seconded by Councilman Ehrenberg, to waive first reading of ordinance and to set date for second reading on September 21, 1959. Motion passed by a seven Sea vote. (d) PROPOSED SANITARY SEWER CONSTRUCTION, IMPROVEMENT NO. 59-71, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 20 and 27, 1959. Mayor Lefler opened the hearing on this matter. No one present was interested in this matter. Mayor Lefler declared the hearing closed. 481 -Council Minutes - September 8, 1959 RESOLUTION NO. 1Q21 It was moved by Councilman Ehrenberg, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1058, entitled, "Resolution Ordering Improvement No. 59-71st. Motion passed by a seven yea vote. (e) PROPOSED SUPPLEMENTARY ASSESSMENT OF 4" STABILIZED STREET SURFACING, IMPROVEMENT NO. 56-83, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 13, 1959. CGS C% ' Mayor Lefler opened the hearing on this matter. No one present was interested in this matter. Mayor Lefler declared the C=a hearing closed. RESOLUTION NO. 1059 It was moved by Councilman Davis, seconded by Councilman - Ehrenberg, to waive reading and adopt Resolution No. 1059, entitled, "Resolution Adopting Supplementary Assessment". Motion passed by a seven yea vote. 6. PETITIONS. REQUESTS AND COMMUNICATIONS (a) COMMUNICATION FROM GORGE M. HANSEN, CPA, ACCEPTING EMPLOYMENT TO AUDIT THE ACCOUNTS ADD RECORDS OF THE CITY FOR THE FISCAL YEAR ENDING DECEMBER 31, 1959. On hearing no objections the Mayor ordered the communication received for filing. (b) PETITION CONCERNING RESURFACING OF STREET ON EDGWOOD AVENUE IN 1600 TO 1800 BLOCK, AND REPORT OF CITY MANAGER (M. -& C. No. 59-29). Present at the meeting were John Dahl, 1610 Edgewood Avenue and one other person. They were told that street would be main- -- tained, and no paving done until sewer had been put in. Mr. Dahl stated that he would circulate a petition for sewer. A motion was made by Councilman Davis, seconded by Councilman Ehrenberg, that the petition be filed. Motion passed by a seven yea vote. (c) - COMMUNICATION FROM HENRY A. COUSINEAU CONCERNING CONTINUATION OF PRESENT USE OF PROPERTY AT 2937 SALEM AVENUE FOR A LIMITED TIME ONLY, AND REPORT OF CITY MANAGER (M. & C. No. 59-30) . IIIHenry Cousineau, Attorney for Mr. R. J. Hoheisel, was present and made a plea for extension of time. 482 Council Minutes - September 8, It was moved by Councilman Davis, seconded by Councilman Wolfe, that the communication from Henry Cousineau, dated August 26, 1959, be referred to the Law Department for their information and use in presentation of case in Justice Court. Motion passed by a seven yea vote. (d) NOTIFICATION OF INTENT TO HOLD A BINGO GAME - BY THE MEN'S CLUB OF THE HOLY FAMILY CHURCH. No dissent'from Council. On hearing no objections the Mayor ordered the notification received for filing. (e) COMMUNICATION FROM B. REAMER, CONCERNING INSTALLATION OF SIDEWALK AT 6509 MINNETONKA BOULEVARD. On hearing no objections the Mayor ordered the communication filed. (f) COMMUNICATION FROM ROBERT G. CORWINE CONCERNING ACCESS ROAD TO AQUILA PARK (REFERRED TO PLANNING COMMISSION AUGUST 31, 1959) . It was moved by Councilman Ehrenberg, seconded by Council- man Owen, that action on this matter be deferred until September 14, 1959. Motion passed by a seven yea vote. (g) APPLICATION FOR PUBLIC DANCE HALL LICENSE AT JENNING'S HOLLIDAY INN - BY ROBERT A. BENON AND KARL PETERSON. Robert A. Benon was present at the meeting. It was moved by Councilman Wolfe, seconded by Councilman Jorvig, that the permit be-denied. Motion passed by a six yea vote. Councilman Davis abstained from voting. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION AMENDING RESOLUTION NO. 938 GRANTING PERMIT UNDER SEC- TION 10.3 OF THE ZONING ORDINANCE OF THE CITY OF ST. LOUIS PARK (TO PERMIT PLANTING WITHIN TWO YEhT OF PROPERTY LINE AT 4407 EXCELSIOR BOULEVARD - REQUESTED AUGUST 24, 1959) . 48 : Council Minutes - September 8, 1959 RESOLUTION NO. 1060 It was moved by Councilman Wolfe, seoonded by Councilman Messer, to waive reading and adopt Resolution No. 1060, entitled, "Resolution Amending Resolution No. 938 Granting Permit Under Section ,10.3 of the Zoning Ordinance of the City of St. Louis Park", as amended. Motion passed by a seven yea vote. (b) RESOLUTION ORDERING PREPARATION OF WORKING DRAWINGS AND SPECIFICQ- �'a TIONS IN JOHNSON LAKE AREA FOR GRADING OUTLET DAM, AND PIPELINE (REQUESTED AUGUST 24, 1959). CD ezt RESOLUTION NO. 1061 Ca.5 It was moved by Councilman Wolfe, seconded by Councilman Owen, to waive reading and adopt Resolution No. 1061, entitled, "Resolution Ordering Preparation of Working Drawings and Specifications in Johnson's Lake Area, for Grading Outlet Dam, and Pipeline". After considerable discussion, a motion was made by Council- man Ehrenberg, seconded by Councilman Davis, calling for previous question. Motion passed by a seven yea vote. Mayor Lefler called for vote on previous motion and same was passed by a seven yea vote. (b2) CORRECTION OF MINUTES FOR AUGUST 26, 1959. It was moved by Councilman Davis, seconded by Councilman Owen, that the item in minutes of August 26, 1959 referring to Johnson Lake Area be changed to refer to Bass Lake Area. Motion passed by a seven yea vote. (c) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR STORM SEWER, IMPROVEMENT NO. 59-40. RESOLUTION NO. 1062 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1062, entitled, "Resolution Authorizing of Land by Eminent Domain for Storm Sewer": Motion passed by a seven yea vote. (d) RESOLUTION_AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR STORM SEWER, IMPROVEMENT NO.--59-78. RESOLUTION NO. 1063 It was moved by Councilman Davis, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1063, entitled, "Resolution Authorizing of Land by Eminent Domain for Storm Sewer". Motion passed by a seven yea vote. 484 Council Meeting - September 8, 1959 (e) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR WATER MAIN IMPROVEMENT NO. 59-55. - RESOLUTION NO. 1064 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1064, entitled, "Resolution Authorizing Taking of Land By Eminent Domain for Water Main". Motion passed by a seven yea vote. (f) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR SANITARY SEWER, IMPROVEMENT NO. 59-71. RESOLUTION NO. 1065 It was moved by Councilman Messer, seconded by Councilman Jorvig, to waive reading and adopt Resolution No. 1065, entitled, "Resolution Authorizing Taking of Land by Eminent Domain for Sanitary Sewer". Motion passed by a seven yea vote. (g) RESOLUTION AUTHORIZING TAKING OF LAND BY EMINENT DOMAIN FOR GRADING, STORM SEWER, CONCRETE PAVING AND RETAINING WAIL, IMPROVEMENT NO. 59-80. RESOLUTION NO. 1066 It was moved by Councilman Davis, seconded by Councilman Wolfe, to waive reading and adopt Resolution No. 1066, entitled, "Resolution Authorizing Taking of Land by Eminent Domain for ! Grading, Storm Sewer, Concrete Paving and Retaining Wall". Motion passed by a seven yea vote. (h) RESOLUTION MODIFYING CONTRACT FOR 2" BITUMINOUS SURFACING, IMPROVEMENT NO. 56-75 AND 4" STABILIZED BASE, IMPROVEMENT NO. 56-82. RESOLUTION NO. 1067 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1067, entitled, "Resolutior +iodifying Contract for 2" Bituminous Surfacing, Improve- ment No. 56-75 and-4" Stabilized Base, Improvement No. 56-82". Motion passed by a seven yea vote. (i) RESOLUTION ORDERING IMPROVEMENT BY DAY LABOR, IMPROVEMENT NO. 56-82. RESOLUTION NO. 1068 It was moved by Councilman Davis, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1068, entitled, "REsolution Ordering Improvement by Day Labor Improvemment No. 56-82nt. Motion passed by a seven yeA vote. 485 Council Minutes - September 8, 1959 (j) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ZONING ORD- INANCE (AS AMENDED, DEF'bRRED FROM AUGUST 10, 1959 - BETWEEN WEST 31ST STREET, T.H. NO 7, OTTAWA AVENUE AND CARPENTER PARK, REQUESTED BY ST. LOUIS PARK THEATER COMPANY, (CASE NO. 59-84-Z) . Harold Field Jr. was present at the meeting. ORDINANCE NO. 715 It was moved -by Councilman Messer, seconded by Councilman Wolfe, to waive second reading and adopt Ordinance No. 715, entitled, C10 "An Ordinance Amending the Zoning Ordinance of the City of St. Louis Park". Motion passed by a seven yea vote. °_' 8. REPORTS OF OFFICERS. BOARDS AND COMMITTRP S (a) REPORT FROM THE CITY ATTORNEY RELATIVE TO PROCEDURAL STEPS FOR COMPREHENSIVE ZONING ORDINANCE, AND REPORT FROM THE CITY MANAGER (M & C. NO. 59-32). On hearing no objections the Mayor ordered the report received for filing. 9. UNFINISHED BUSINESS (a) PROPOSED WATER MAIN CONSTRUCTION, HOUSE SERVICE CONNECTIONS AND ROAD MIXED BITUMINOUS STREET SURFACING, IMPROVEMENT NO. 59-89, AS DESCRIBED IN NOTICE OF HEARING PUBLISHED JUNE 4, and 11, 1959, AND REPORT OF CITY MANAGER (M.& C. NO. 59-31) . RESOLUTION NO. 1069 It was moved by Councilman Wolfe, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1069, entitled, "Resolution Declaring Petition for Local Improvement Not Adequate, Improvement No. 59-89". Motion passed by a seven yea vote. (b) AWARD OF CONTRACT FOR WATERMAIN, IMPROVEMENT NOS. 59-26, 59-55, 59-77 and 59-100; FOR STORM SEWER, IMPROVEMENT NOS. 58-77, 59-34, 59-35, 59-40, 59-78; FOR SANITARY SEWER, IMPROVEMENT NOS. 59-71, 59-72, and 59-93. RESOLUTION NO. 1070 It was moved by Councilman Messer, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1070, entitled, "Resolution Accepting Bid for Storm Sewer, Sanitary Sewer and Water Main Improvement Nos. 58-77, 59-34, 59-35, 59-40, 59-78, 59-71, 59-72, 59-93, 59-26, 59-77, 59-55 and 59-100tt, and authorizing the Mayor and the City Manager to execute the contract in behalf of the City. Motion passed by a seven yea vote. (Northern Contracting Company) 48.6 Council Minutes - September 8, 1959 (c) REPORT OF THE PLANNING COMMISSION (CASE NO. 59-104-V) RECOMMEND- ING FAVORABLY UPON THE REQUEST OF CARLYLE JACOBSEN FOR VARIANCE FROM -PROVISIONS OF SECTION 19.18 OF THE ZONING ORDINANCE TO PERMIT CREATION OF TWO LOTS WITH LESS THAN A WIDTH OF 75 r•rr,T AND AREA OF 9,000 SQUARE FEhT AT 4509-11 WEST 36th STREET (DEFERRED FROM AUGUST 17, 1959 - SIRE ITEM 5B FOR REZONING) . It was moved by Councilman Jorvig, seconded by L'ouncilman Ehrenberg, to approve the variance. Motion passed by a seven yea vote. (d) REPORT OF THE PARKS AND RECREATION ADVISORY COMMISSION RECOMM- ENDING ACQUISITION OF PARTS OF LOTS 19 THROUGH 23, BLOCK 2, TINGDALE'S REPLAT OF BROWNDALE-PARK FOR EXPANSION OF BROWNDALE PARK (DEFERRED FROM AUGUST 17, 1959). It was moved by Councilman Davis, seconded by ¢councilman Jorvig, that action on this matter be deferred until September 14, 1959. Motion passed by a seven yea vote. (e) PROPOSED 1960 BUDGET - BY THE CITY MANAGER (DEFERRED FROM AUGUST 3, 1959). ) It was moved by Councilman Wolfe, seconded by Councilman Davis, that action on this matter be deferred until September 14, 1959. Motion passed by a seven yea vote. (f) COMMUNICATION FROM HELEN A. YOUNG, DIRECTOR, HENNEPIN COUNTY LIBRARY, CONCERNING PUBLIC LIBRARY SERVICE IN ST. LOUIS PARK (REQUESTED AUGUST 24, 1959). It was moved by Councilman Owen, seconded by Councilman Ehrenberg, that this matter be referred to the Mayor and that he call a meeting for September 21, 1959 at 7 p.m., with Helen A. Young. Motion passed by a seven yea vote. 10. NEW BUSINESS (a) PURCHASE OF TWO POLICE CARS. It was moved by councilman-Davis, seconded by Councilman Ehrenberg, to approve the purchase of two police cars. Motion passed by a seven yea vote. 487 Council Minutes - September 8, 1959 (b) PIPE LINE AGREEMENT BETWEEN CHICAGO, MILWAUKEE, ST. PAUL AND _PACIFIC RAILROAD COMPANY AND THE MINNEAPOLIS AND ST. LOUIS _ RAILWAY COMPANY AND THE CITY OF ST. LOUIS PARK. A motion was made by Councilman Jorvig, seconded by Council- man Davis, to accept licenses for Improvement No. 59-20, South- west Sanitary Sewer, from Chicago, Milwaukee, St. Paul and Pacific Railroad Company and Minneapolis & St. Louis Railway Company, to place this sewer on portion on their right of way and authorizing, U7 confirming and ratifying, signing thereof by the Mayor and the City Manager. Motion passed by a seven yea vote. CD (c) PIPE LINE AGREEMENT BETWEEN CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY AND THE CITY OF ST. LOUIS PARK. A motion was made by Councilman Jorvig, seconded by Council- man Davis, to accept license for Improvement No. 59-20, South- west Sanitary Sewer, from Chicago, Milwaukee, St. Paul and Pacific Railroad- Company, to place this sewer or*ortions on their right of way, and authorizing, confirming, and ratifying, signing thereof by the Mayor and City Manager. Motion passed by a seven yea vote. 11. MISCELLANEOUS None. 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 8, 1959 in the total amounts of $4,232.51 for payroll, and $66,151.44 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. (b) CONTRACT PAYMENTS 1. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the following payment on contract work presented by the City Engineer was approved, and the City Manager, City Clerk, 111 and City Treasurer were authorized to issue checks for the re- spective amount by a seven yea vote. 488 Council Minutes - September 8, 1959 Partial Payment Ceritif ,cate No. 1 Sidewalk - Imp. Nos. 57-70, 58-51, 59-4, 5, 10 & 69 Curb and Gutter Imp. Nos. 57-65, 70, 58-44, 50, 60, 74, 75, 78, 59-2, 9, 33, 36, 62, 67 and 83 Contractor - Victor Carlson & Sons Inc. Contract Date - July 20, 1959 Amount of this payment - $8,135.38 2. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, the following payments 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_r respective amount by a seven yea vote. Partial Payment Certificate No. 1 Sanitary Sewer 59-20, 74, 75, 76 and 104, Storm Sewer 59-91, Water Main 58-67, 59-7, 11, 16, 19, 56, 66 & 92 Contractor - Peter Lametti Construction Company Contract Date - July 27, 1959 Amount of this Payment - $4,283.00 3. On motion of Councilman Ehrenberg, seconded by Councilman Jorvig, 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 seven yea vote. Partial Payment Certificate No. 3 Hot Mix Asphalt Paving and Portland Cement Concrete Curb and Gutter - Imp. Nos. 58-65, 69 & 59-70 & 82 Contractor - Black Top Service Co. Contract Date - May 25, 1959 Amount of this Payment - $45,784.95 4. On motion of Councilman Ehrenberg, , seconded by L'ouncilman Jorvig, 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 seven yea vote. Partial Payment Certificate No. 3 Road Mixed Bituminous Street Surface Improvement Nos. 56-52, 58-3 and 58-70 Contractor - Barton Contracting Company Contract Date - May 25, 1959 Amount of this payment - $45,624.09 Council Minutes - September 8, 1959 5. On motion of Councilman Ehrenberg, seconded by douncilman Jorvig, 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 seven yea vote. Engineers Certificate No. 5 Lateral Sanitary Sewer Project No. 59-32 Contractor - Swanson Excavating Co. and Northern Contracting Co. C® Amount of this payment - $45,537.29 CD CLI 13. ADJOURNMENT On motion of Councilman Messer, seconded by Councilman Wolfe, the meeting was adjourned at 10:10 p.m., by a seven yea vote. J . �A _ J He�:e e ler, / or 11 ATTEST: Joseph stad, `•-cretary %/ r