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Home My WebLink About1961/05/22 - ADMIN - Minutes - City Council - Regular1. 20 3, 4. 5, 6, MINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 22, 1961 CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Kenneth Wolfe at 8 p,m, INVOCATION Invocation was given by ReV. Herman Soderberg of the Lutheran Church of the Reformation. ROLL CALL The following Councilmen were present at roll call, Robert Ehrenberg Curtis Pearson D. C. Messer Robert Shank Leonard Thiel Kenneth Wolfe Also present were of Public Works and the also present . MI— MUTES On motion of Thiel, the minutes approved by a six PUBLIC HEARINGS (a) None the City Manager, City Attorney, Director Acting Secretary. Planning Director was Councilman Messer, seconded by Councilman of the regular meeting held May 15, 1961, were yea vote. PETITIONS, RE UESTS AND COMMUNICATIONS �a) COMMUNICATION FROM DONALD E. DIETZ REQUESTING ADJUSTMENT J S� DAR OF ASSESSMENT FOR WATER SERVICE CONNECTION A LAKE ROAD; ALSO REPORT OF THE CITY ATTORNEY. 202 9 Council Minutes - May 22, 1961 6. 7. RESOLUTION N0. 1775 It was moved by Councilman Ehrenberg, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1775, entitled "Resolution Cancelling Special Assess. ment Improvement No. 58-3 - Donald E. Dietz". Motion passed by a six yea vote. (b) REQUEST FROM DR. IRVING POSNICK FOR A NINETY DAY OF TIME FOR THE SUBMiSSTON OF THE FINAL PLAT FOR ADDITION (WEST 26TH STREET AND PRINCETON AVENUE) . A motion was made Councilman Thiel, that passed by a vote of six EXTENTION POSNICK I y Councilman Messer, seconded by the request be granted. Motion ayes. (c) PETITION FROM MRS. E. Wo AS 'F 'OLI- AND OTHERS REQUESTING TRAFFIC CONTROL COMTNG INTO EXCELSIOR BOULEVARD BETWEEN FRANCE AVENUE AND HIGHWAY 100. 3655 ":untington Avenue, and Mrs. Grace E. Ashenden, Mr. Yentsch, 3621 Huntington Avenue, were present in favor of traffic control along Excelsior Boulevard, A motion was made by Councilman Ehrenberg, seconded by Councilman Pearson, that this petition be forwarded to the Commissioner of Highways, Motion passed by a vote of six ayes. RESOLUTIONS AND ORDINANCES (a) RESOLUTION AUTHORIZING THE RELEASE 0" SECURITIES AND APPROVAL OF SUBSTITUTED SEC13RITIES 0�1 CITIZENS STATE BANK OF ST. LOUIS PARK, RESOLUTION 140 1776 It was moved by Council man Pearson, seconded by Councilman Thiel, to waive reading and ado t Resolution No. 17763 entitled "Resolution Auyhorizin adopt Release of Securities and Approval of Substituted gSecurities of Citizens State Bank of St, T,oL, s " sed ix Park by a vote of s . Motion pas ayes. (b) RESOLUTION AUTHORIZINS fi ; •.,,� FOR SLOPE EASEMENTS FPR SILEW T?, LA14DT3tr EMINENT DOMAIN A-, CONS�RJCTTON. 203 Council Minutes - May 22, 1961 7. RESOLUTION N0. 1777 It was moved by Councilman Messer Councilman Thiel, to wag, seconded b ive reading and adopt Resolution No. 17779 entitled "Author* IzJ0Domain for Slope Easements forgSidewalkoConstrucy on't.Eminent Motion passed by a six yea vote. tion" (c) RESOLUTION APPROVING PLANS ORIZING ADVERTISEMENT FOR 59-435 59-73, 60-76 (Part) , 61-222 61-35 (WATER MAIN, AND SPECIFICATIONS AND AUTH- BIDS ON IMPROVEMENT NOS. 59-391 60-1222 60-126, 61-131 61-21, SANITARY SEWER, STORM SEWER), Carroll Ahlstrand, 3350 Yukon Avenue, presented a petition,sign`d by William Janee, 3404 Zinran Avenue, and othe rs,for alternate plan on Project No. 59-43. It was moved by Councilman Pearson, seconded by Councilman Thiel, that action on this matter be deferred to June 5, 1961. Motion passed by a vote of six ayes. (d) RESOLUTION AUTHORIZING PLACEMENT OF SIGNS ESTABLISHING LOAD LIMITS ON THE ALLEY IN THE BLOCK BOUNDED BY WALKER STREET, BROWNLOW AVENUE, GORHAM AVENUE, WEST LAKE STREET AND FIRST STREET N. W. (REQUESTED MAY 157 1961) . RESOLUTION N0, 1778 It was moved by Councilman Messer, seconded by Councilman Messer, seconded by Councilman Thiel, to waive reading and adopt Resolution No. 1775, entitled "Resolution Authorizing Placement of Signs Establishing Load Limits on the Alley in the Block Bounded by Walker Street, Brownlow Avenue, Gorham Avenue, West Lake Street and First Street N.W." Motion passed by a vote of six ayes. (e) SECOND READING OF PROPOSED ORDINANCE AMENDING SECTION 4:530 OF ORDINANCE NO. 775 PASSED FEBRUARY 27, 1961 ENTITLED, tt AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF ST. LOUIS PARK; REGULATING THE DISTRIBUTION OF COMMER- CIAL AND NON-COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONSt'. 204 r W* Council Minutes - May 22, 1961 7. ORDINANCE N0. 783 It was moved by Councilman Pearson, seconded by Councilman Thiel, to waive reading and adopt Ordinance No. 783, entitled An Ordinance Amending Section 4:530 of Ordinance No. 775 Passed February 27, 1961 entitled "An Ordinance Pvohibiting the Throwing or Depositing of Litter in Public Places in the City of,St. Louis Parke Regulating the Distribution of Commercial and Non -Comm_ ercial Handbills: Controlling the Depositing of Litter on Private Premises; Providing a Lien for City Clearance• and Prescribing Penalties for the Violation of its Pro- visions" . Motion passed by a vote of six ayes, (f) SECOND READING OF PROPOSED ORDINANCE CHANGING THE NAME OF 16TH STREET COURT TO TEXAS CIRCLE (IN MC CAFFREY'S ADDITION) . ORDINANCE N0, 784 It was moved by Councilman Ehrenberg, seconded by Councilman Thiel, to waive second reading and adopt Ordinance No. 784, entitled "An Ordinance Changing the Name of 16th Street Court - To Texas Circle". Motion passed by a vote of six ayes. (g) SECOND READING OF PROPOSED ORDINANCE REGULATING AND LICENSING FOOD ESTABLISHMENTS AND PROVIDING A PENALTY FOR VIOLATIONS THEREOF AND REPEALING CERTAIN SECTIONS OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO FOOD ESTABLISHMENTS WHICH SECTIONS ARE NUMBERED AND ENTITLED "RESTAURANTS, CAFES, AND LUNCH ROOMS, SECTION 2:1801 DEFINITIONS, SECTION 2:1802 LICENSE REQUIRED, SECTION 2:1803 APPLICATION, SECTION 2:1804 FEES, SECTION 2:1805 EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTER- ATED FOOD OR DRINK, SECTION 2:1806 INSPECTION OF RESTAURANTS, SECTION 2:1807 SANITATION REQUIREMENTS, SECTION 2:1800 DISEASE CONTROL SECTION 2y:1809 PROCEDURE 161HEN INFECTION SUSPECTED, SECTION 2:1810 ENFORCEMENT INTERPRETATION". ORDINANCE N0, 78S It was moved by Councilman Messer, seconded by Councilman Thiel, to waive second reading and adopt Ord- inance No, 78S, entitled ng a P Licensing "An Ordinance Regulating and g Food Establishments and Providing a Penalty for Violations Thereof Of the St, Lours p and Repealing Certain Sactions Establishments ark Ordinance Code to to Food �Jhieh Sections Are Numbered and Entitled 205 Council Minutes - May 22, 1961 74 "Restaurants, Cafes, and Lunch Rooms, Section 2:1801 Definitions, Section 2:1802 License R2 2:1803 Application, Section 2; quire d, Sects Examination and Condemnation ofBUnwholesome or Section 2;1805 Food or Drink, Section 2:1806 Inspection of Restaurants ed Sectiory2:1807 Sanitation Requirements, Section 2:1808 Disease Control, Section 2:1809 Procedure When Infec- tion Suspected, Section 2:1810 Enforcement Interpretation". Motion passed by a vote ofsix ayes. (h) SECOND REAS r�1G OF PROPOSED ORDINANCE AMENDING ORDINANCE N0, 730 PASD DECEMBER 28, 19592 ENTITLED "ST. LOUIS PARK ZONING ORDINANCE ADOPTING SECTIONS 6:125, 6:126, 6:127, 6:1281 6:129 ESTABLISHING B-3 BUSINESS DISTRICT, ADDING SECTION 6:1731 SUBDIVISION 4 RELATING TO SIGNS IN B-3 BUSINESS DISTRICT AND AMENDING SECTIONS 6:049.3 GENERAL CONDITIONS, 6: _051, DISTRICTS AND MAPS; 6:131, PERFORMANCE STANDARDS; 8:171.1 SUBDIVISTON 11, SPECIAL PROVISIONS 6:176.3 INDUSTRIAL DEVELOPMENT UNITS; TO MAKE PROVISION THEREIN FOR B-3 INDUSTRIAL DEVELOPMENT UNITS, TO MAKE PROVISION THEREIN FOR B-3 BUSINESS DISTRICT. Mr. H. Davis, attorney, was present and stated that he is representing a person who owns land and that he might make application for this new zoning. ORDINANCE N0, 786 It was moved by Councilman Pearson, seconded by Councilman Ehrenberg, to waive second reading and adopt. Ordinance No. 786, entitled "An Ordinance Amending Ord- inance No. 730 Passed December 28, 1959, Entitled "St. Louis Park Zoning Ordinance Adopting Sections 6:125, 6:1261) 6:1271) 6:1204) 6:129 Establishing B-3 Business District,Adding Section 6:173, Subdivision 4 Relating to Signs in B-3 Business District and Amending Sections 6:049.3; General Conditions; 6:051, Districts and Maps; 6:131 Performance Standards; 6:171,1 Subdivision 11, Special Provisions• 6:176.3 Industtial Development Units% to Make Provision Therein for B-3 Business District". Before vote was taken the following motion was made: It was moved by Councilman Pearson, seconded by Cordinance leaving Plastic Councilman Thiel, to amend Manufacturing" in permitted use catagory. Motion lost by the following roll call vote: Counclman il aniPearson, Ehrenberg, nay; Councilman Messer, nay; Counc Councilman Shank, nay; Councilman Thiel, yea; Mayor bVolfe, yea. (Lost because of a tie vote.) Vote was then taken on the original passed by a six yea vote. 206 motion and Council Minutes - May 22, 1961 SECOND READING OF PROPOSED ORDINANCE VACATING ALLEY 7, i(EAST-WEST ALLEY IN BLOCK 2��TTANPARKFIRST DED BY ADDITION TO ST. LOUIS PARING�E`NOOD AVENUE ANDN BOULEVARD, JOPPA AVENUE, HIGHWAY NO • 7) • ORDINANCE NO . 787 It was moved by Councilman Ehrenberg, seconded by Councilman Thiel, to waive second reading and adopt Ordinance No. 707, entitled "An Ordinance Vacating Alley', (East -west alley in Bloc: 2, Manhattan Park First Addition to St. Louis Park) . Motion passed by a six yea vote. 8. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (a) REPORT OF CITY ACTIVITIES FOR APRIL - BY THE CITY MANAGER, On ;tearing no objections the Mayor ordered the report received for filing. (b) FINANCIAL REPORT OF THE CITY FOR APRIL 1961 - BY THE CITY MANAGER, On hearing no objections the Mayor ordered the report received for filing. (c) MINUTES OF THE BUILDTNG CONSTRUCTION CODES ADVISORY COMMISSION MEETING HELD MAY 41 1961. On hearing no objections the Mayor ordered the minutes received for filing. (d) REPORT OF THE CITY MANAGER ON POLICY FOR ASSESSMENT FOR SIDEWALKS ON APPROACHES TO SCHOOL (M. & C. NO. 61-121 DEFERRED FROM APRIL 17, 1961). It was moved by Councilman Pearson, seconded by Councilman Messer, that thi the s matter be referred back to City Manager for further study and recommendation including costs* also to the City Attorneyto advise on legality of area assessment. Motion passed b a vote Of six ayes. P Y (e) REPORT OF THE CITY FOR CLERK OFCOURT MANAGER ON REQUESTED SALARY INCREASE 13, 1961) , (M • & X. No. 61-13, REQUESTED MARCH It was moved b man Pearson Y Councilman Messer, of a vote ' that this report be filed* six yeas, 207 cil- seconded by Cour Motion passed b) Council Minutes - May 22, 1961 REPORT OF THE CITY MANAGER CONCERNING MOVING OF BUILD- ING (REQUESTED MAY �, 1961). On hearing no objections th, Mayor ordered the report received for filing, (g) PRELIMINARY REPORT OF THE DIRECTOR OF PUBLIC WORKS AND ASSESSMENT REPORT WITH RESPECT TO THE FOLLO14ING IMPROVE- MENTS: 1. 59-115, storm sewer in Oxford Street from Edgewood Avenue to Me2adowbrook Road; Hurst Street from Oxford Street to Melanie Lane; Melanie Lane from Hurst Street to Minnehaha Creek. 2. 60-20u, grading in Hurst Street from Oxford Street south to south line of Outlot 1, Garrison's Addition, 3. 61-10, grading in Oxford Street from Edgewood Avenue to Meadowbrook Road, 4. 61-235 curb and gutter on west side of Webster Avenue from West 33rd Street to the north line of Service Drive of Trunk Highway No. 7. 5. 61-25, temporary surfacing on Boone Avenue from Minneg tonka Boulevard to Aquila Avanueo RESOLUTION N0. 1779 It was moved by Councilman Pearson, seconded by Councilman Messer, to waive reading and adopt Resolution No. 1779, entitled "Resolution Receiving Reports and Calling Hearing on Improvement Nos. SS -1151 60-281 61-105 61-23 and 61-2511. (nearing on Jun` 5, 1961) Motion passed by a vote of six yeas. (h) REPORT OF EMPLOYEE PROMOTION (WATER AND SEWER DEPARTMENT) It was moved by Councilman Thiel, seeonddd by Council- tion of Ellsworth man Ehrenberg,,to concur with the promo Frank from Permanent Pump Station Mechanic to Probationary e 212, Step C, affective May Water & Sewer Foreman, Rang 22, 1961. Motion Passed by a six Ste vote. 20v w I i Council Minutes - May 22, 1961 CITY ATTORNEY REPORT N0, 17 COVERING STATE LEGISLATION, A motion was made by Councilman Pearson, seconded by Councilman Shank, to send a telegram to Senator Alfred Bergerud and Representative C. Donald Peterson regarding S ,F. Noe 217 stating that we are in favor of it. Motion passed by a six yea vote. (j) REPORT ON LAND ACQUISITION. MEADOWBR00K MANOR SETTLEMENT It was moved by Councilman Shank, seconded by Council. man Thiel, to authorize settlement as in letter of May 1, 1961 plus $1,000.00 in interest. Motion passed by a vote of six yeas. (�c) REPORT OF THE CITY ATTORNEY REGARDING ARCHITECT'S SIGNATURE OF BUILDING PLANS; AND PROPOSED ORDINANCE AMENDING SECTION 5:107 (c) OF THE ST, LOUIS PARK ORDINANCE CODE ENTITLED i "APPLICATION FOR PERMITS - PLANS AND SPECIFICATIONS" It was moved by Councilman Ehrenberg, seconded by Councilman Thiel, to set date for first reading of pro- posed ordinance on June 5, 1961. Motion passdd by a six yea vote, (1) PRELIMINARY REPORT OF THE CONSULTING ENGINEER AND ASSESSING REPORT WITH RESPECT TO IMPROVEMENT N0, 60-352 COBBLECREST STORM SEWER, RESOLUTION N0. 1780 It was moved by Councilman Pearson, seconded by Councilee man Thiel, to waive reading and adopt Resolution Receiving Reports and Calling Hearing on Improvement No. 60-35". (hearing on June 19, 1961) Motion passed by a six ea vote, y 9 • UNFINISHED BUS INESS (a) None . 10. NEW BUSINESS (a) APPOINTMENT OF TWO CLERKI's DEPARTMENTS), (ASSESSING AND PLANNING 209 �ounc it Minutes - May 2 2 , 1961 10. It was moved by Councilman Pearson, seconded b Councilman Thiel, to consent and approve the follow* appointments: g 1. Lois Rademacher as Probationary Clerk I, Range E, Step B, effective May 23, 1961 2. Patricia Pomerleau as Probationary Clerk I, Range C, Step A, effeetivo May 24, 1961. Motion passed by a vote of six yeas, 11. (b) APPOINTMENT OF PROPERTY APPRAISED. I (ASSESSING DEPARTMENT) , It was moved by Councilman Thiel, seconded by Council- man Messer, to consent and approve the appointment of Arthur C. Olson as Probationary Property Appraiser I, Range 15, Step B, effective May 24, 1961. Motion passed by a vote of si;t yeas . MISCELLANEOUS (a) DAMAGE CLAIM, Mrs. Benedict B. Trach, 4700 Minnetonka Boulevard. It was moved by Councilman Thiel, seconded by Council- man Pearson, that above claim be referred to the Law De- partment for advice and recommendation. Motion passed by a six yea vote. (b) ASSIGNMENT OF WAGES OF CY KIRS CHNER FOR A PERIOD OF SIXTY DAYS, A motion was made by Councilman Pearson, seconded by Councilman Shank, to consent and to authorize the City Manager to execute assignment of wages due to Cy Kirschner from the City. Motion passed by a vote of six yeas. (c) REQUEST FROM ROBERT CORYVINE, PARK CONSULTANT, TO INCREASE CONTRACT FOR IMPROVEMENT OF FERN HILL PL,;WGROUND. It was moved by Councilman Messer, man Ehrenberg.,to increase Contract No* ing and top soiling on Fern Hill Park, Motion passed by a six yea vote. 210 seconded by Council- 474, for added grad - not to exceed $1,905.00. I 9 Council Minutes May 22, 1961 12. CLAIMS .APPROPRIATIONS AND CONTILWT PAYMENTS (a) VERIFIED CLAIMS. On motion of Councilman Ehrenberg, seconded by Councilman Thiel, the lists of verified claims prepared by the Director of Finance and presented to the Council, in the total amounts of $52.76 for payroll, and $25,924,33 for vendors were approved, and tha City Manager,City Clerk and City Treasurer were authorized to issue checks covering same, by a six yea vote. 13. fb) CONTRACT PAYMENTS. 1. PARTIAL PAYMENT N0. 2. WATER MAIN IMPROVEMENT NOS 6044, 60-1031 60-132 P14D SANITARY SEWER IMPROVE- MENT NO, 60-75. CONTRACTOR , PHELPS -DRAKE COMPANY, INC, AMOUNT, $50,120.42. 2. PARTIAL Pn�YEMNT N0, 31 GRADING, TOPSOILING, SEDER AND DRAINAGE AT OAK HILL, FERN HILL AND BIRCHWOOD PARKS, CONTRACTOR, PARK CONSTRUCTION COMPANY. AMOUNT $6,142.41. On motion of Councilman Pearson, seconded by Council- man Thiel, the above payments on contract work presented by the City Engineer were approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks for their respective amounts by a six yea vote. ADJOURNMENT On motion of Councilman Messer, geconded by Councilman Pearson, the meeting was adjourned at 11 1S m yea vote. p• ., by a six �■w....�.....,_V k'L: r`rajyy K`nne 211 olfe, le 4, r I �_ Mayor i�