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Home My WebLink About1961/09/25 - ADMIN - Minutes - City Council - RegularMINUTES OF CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 25, 1961 1. CALL TO ORDER A regular meeting of the City Counei/l was called to order by Mayor Kenneth Wolfe at 8:16 p.m. 2* INVOCATION Invocation was given by Rev. Ellis Graeber of the Union Congregational Church. 3. ROLL CALL The following Councilmen were present at roll call; Also Planning 4. MINUTES Robert Ehrenberg Torval Jorvig Curtis Pearson D. C. Messer Robert Shank Leonard Thiel Kenneth Wolf` present were the City Manager, Director, City Assessor and the Director of Public Works, Secretary, On motion of Couneilman Messer, seconded by Councilman Thiel, the minutes of the regular meeting held September 18 1961 and the Budget meeting held September 20, 1961, were approved by a six yea vote. Councilman Jorvig out of the room pwh t vote was taken, when he 5. PUBLIC HEARINGS (a) PROPOSED SPECIAL ASSESSMENTS FOR IMPROVE WITHIN THE CITY, IMPROVEMENT NO. 59_ IMPROVEMENTS COMPLETED CONCRETE PAVING AND RETAINING WALL INOn GRADING STORM SEWER, BOULEVARD, AQUILA AVENUE TO PORTION OF MINNETONKA NOTICE OF HEARING PUBLISHED SEPTNG AVENUE, AS DESCRIBED IN EMBER 7, 1961. Ai letter was presented to the Counei r 22, 1961s objecting to the assessment a, dated September from General Realty Co. Mayor Wolfe opened the 336 hearing on this matter. council Minutes an September 25, 1961 5. The following persons dere present in Leo Dorfman, Ing opposition: Attorney for in Westling; Maurice L. Grossman, Attorney for General Realty Axilrod, 2945 Aquila Avenue, Co.; Dr. Harold M. Mayor Wolfe declared the hearing closed. A motion was made by Councilman Pearson, seconded by Councilman Shank, that act until later in the meet*ion on this matter be deferred ng and that the Assessor review the assessment as it pertains to Dr. Axilrod's property and report. Motion passed by a seven yea vote . Later an The City Assessor recommended that the assessment against Dr. Axilrod's property be deleted as well as for Triplet's property - Parcel 5712 & 5720 - Plat 52312. A motion was made by Councilman Messer, seconded by Councilman Shank, that the assessment be amended to delete the assessment for Project No. 59-80, against Dr. Axilrod's and Mr. Triplet's property, Parcels 5712 as 5720 in Plat 52312, Motion passed by a seven yea vote, RESOLUTION NO, 1890 It was moved by Councilman Messer, seconded by Councilman Ehrenberg, to waive reading and adopt Resolution No. 1890, entitled "Resolution Adopting Assessment', as amended. Motion passed by a seven yea vote. (b) IMPROVEMENT NO. 61-5 2 , PROPOSED SIDEWALK CONS TRU CT ION ON WEST SIDE OF TEXAS AVENUE FROM SOUTH LINE LOT 39 BLOCK 1, TEXA TONKA ADDITION TO WEST 28TH STREET, AND NORTH SIDE OF WEST 28TH STREET FROM TEXAS ApUBLISHEDE TO RGINIA SEPTEMBERNI4, AS DESCRIBED IN NOTICE OF HEARING AND 21, 1961. Mayor Wolfe opened the hearing on tMasmattere No one or Wolfe declared present was interested in this mat Y the hearing closed. RESOLUTION N0. 1391 Councilman Jorvig, seconded by Council - It was moved by and adopt Resolution No. 1891, man.Messer, to waive readingand Plans and Ordering Improvement entitled Resolution App a Sev`n yea vote. No. 61-521'* Motion passed by 337 I J Council Minutes - September 252 1961 6. c IMPROVEMENT NO. 60-1135 PROPOSED STORM SEWER CONSTRUCTION �) IN (VEST 27TH STREET FROM LOUISIANA AVENUt1ESTT027thASTREETE IDAHO AVENUE FROM WEST 26TH STREET T AND WEST 26TH STREET FROM KENTUCKY AVENU TOSDAKOTA AVENUE AS DESCRIBED IN NOTICE OF HEARING PUBLISHED R 14 AND 215 1961. Mayor Wolfe opened the hearing on this matter. Mrs. Max C. Holzhen, 6820 W. 26th Street, asked for the amount to be assessed against her propert .. The City Manager gave an estimate of $3.81 front aYear basis. Mayor Wolfe declared the hearing closed. RESOLUTION N0. 1892 It was moved by Councilman Jorvig, seconded by Council- man Thiel, to waive reading and adopt Resolution No. 1892, entitled "Resolution Ordering Improvement and Ordering Pre. paration of Plans Improvement No. 60-113tt. Motion passed by a seven yea vote. PETITIONS ESTS AND COMMUNICATIONS (a) REQUEST FROM G. F. LOHMAN TIME FOR THE SUBMISSION OF ADDITION, A motion was made by Councilman Shank, to grant by a seven yea vote, FOR A NINETY DAY EXTENSION OF THE FINAL PLAT FOR GREEN HILLS Councilman Pearson, the above request, seconded by Motion passed (b) COMMUNICATION CONCERNING THE W. PAUL RESOP PROPERTY FOR PROPOSED THOROUGHFARE RIGHT-OF-WAY ON NATCHEZ AVENUE NORTH OF WEST 36TH STREET, H. C. Davis, Attorney, was present at the meeting. It was moved by Councilman Pearson, seconded by Council- man Ehrenberg, that the above matter be referred to the City Manager for recommendation. Motion passed by a seven yea vote. 338 .1 Minutes - September 25 Co�c, 1961 PETITION FOR VACATION OF ( PUBLIC UTILITY EASEMEN ° • c) TEXA-TONKA TERRACE 2ND ADDITION_ TIN CENTERS, INC. BY TExA-TONKA SHOPPING RESOLUTION N0, 1893 It was moved by Councilman Pearson, seconded by Council- man Messer, to waive reading and adopt Resolution No. 1893, entitled "Resolution for Hearing on Pet1tion to Vacate Public Utility Easement". (Hearing October 23, 1961) Motion passed by a seven yea vote. 7 • RESOLUTIONS AND ORDINANCES (a) RESOLUTION LEVYING ASSESSMENT FOR DELINQUENT SERVICE CHARGES, SEWER, WATER, DISPOSAL OF COMMERCIAL GARBAGE AND REFUSE. RESOLUTION NO, 1894 It was moved by Councilman Pearson, seconded by Council- man Jorvi g, to waive reading and adopt Resolution No. 18944, entitled "Resolution Levying Assessment for delinquent Service Charges, Sewer, Water, Disposal of Commercial Garbage and Refuse". Motion passed by a seven yea vote. (b) RESOLUTION APPROVING PLANS FOR SIDEWALK IMPROVEMENT N0, 60-3A. RESOLUTION N0. 1895 It was moved by Councilman Jorvig, seconded by Councilman Shank, to waive reading and adopt Resolution No. 1895, entitled, "Resolution Approving Plans Improvement No. 60-3A". Motion passed by a seven yea vote. (c) RESOLUTION FOR APPROPRIATION OF MUNICIPAL SATTEEAID36 NDS TO PROJECT N0. 61.53 (TRAFFIC CONTROL SIGNALS STREET AND HIGHWAY N0. 100). RESOLUTION N0. IL896 ilman Messer, seconded by Council - It was moved by Counc •reading and adopt Resolution No* to9State man Shank to waiveal State -Aid Funds entitled "Appropriation of Munlclp rovem`nt No . 61-359 T. H. Project S.P. 2735-70 and Cit 36th and Trunk Highway Traffic Control S1gnals at West ea vote. No* 100f1. Motion passed by a Seven Y 339 Council Minutes - September 25, 1961 7. (d) RESOLUTION RELATIVE TO CANCELLING REAL ESTATE TAX PENALTY ON CITY -OWNED PARCELS OF LAND. RESOMITTON NO. 1897 It was moved by Councilman Pearson, seconded by Council- man Messer, to waive reading and adopt Resolution No. 1397, entitled "Resolution Relative to Cancelling Real Estate Tax Motion passed by Penalty on City -Owned Parcels of Land". a seven yea vote. (e) RESOLUTION INITIATING PROCEEDINGS AND CALLING HEARING ON VACATING THAT PORTION OF 37TH STREET FROM THE EAST SIDE OF YOSEMITE AVENUE TO STATE HIGHWAY N0, 100; OXFORD STREET FROM THE EAST SIDE OF WOODDALE AVENUE EAST TO STATE HIGHWAY N0, 100; YOSEMITE AVENUE FROM 37TH STREET SOUTH TO WOODDALE AVENUE; XENWOOD AVENUE FROM ONE-HALF BLOCK NORTH OF 37TH STREET, SOUTH TO ONE-HALF BLOCK SOUTH OF OXFORD STREET; AND EAST -WEST ALLEYS IN BLOCK 61 71 9 AND 10 AND NORTH -SOUTH ALLEY IN BLOCK 7, ALL IN COLLINS SECOND ADDITION TO ST, LOUIS PARK, RESOLUTION N0, 1898 It was moved by Councilman Ehrenberg, seconded by Councilman Shank, to waive reading and adopt Resolution No. 1898, entitled "Resolution Initiating Proceedings and Calling Hearing on Vacating that Portion of 37th Street from the East Side of Yosemite Avenue to State Highway No. 100; Oxford Street from the East Side of Wooddale Avenue East to State Highway No. 100; Yosemite Avenue from 37th Street South to Wooddale Avenue; Xenwood Avenue from one-half Block North of 37th Street, South to one-half Block South of Oxford Street; and East West Alleys in Block 6, 7, 9 and 10 and North South Alley in Block 7, All in Collins Second Addition to St. Louis Park". (Hearing October 16, 1961) Motion passed by a seven yea vote. {f) FIRST READING OF PROPOSED ORDINANCE AMENDING ORDINANCE NO, 698 PASSED JUNE 11 19592 ENTITLED "AN ORDINANCE REGULATING CONSTRUCTION OF BUILDINGS AMENDING THE ST, LOUIS PARK ORD- INANCE CODE RELATING TO THE BUILDING CODE, SECTION 5;115, ENTITLED 'ADOPTION OF UNIFORM BUILDING CODE BY REFERENCEt, AND ADOPTING BY REFERENCE PORTIONS OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CODE, ENTITLED ?UNIFORM BUILDING CODE, 1958 EDITION "t. 340 council Minutes - September 25, 1961 7' It was moved by Councilman Ehrenberg Councilman Jorvig, to valve fi� S eConded by r for second reading on October 9st reading and to set date a seven yea vote. 19610 Motion passed by (g) FIRST READING OF PROPOSED ORDINANCE AMENDING THE ST. LOUIS PARK CODE RELATING TO VACATION PROCEEDINGS, SECTION 1:605 ENTITLED "PRESCRIBING PROCEDURE FOR VACATION OF PUBLIC UTILITY EASEMENTS, HIGHWAYS STREETS AND ;ILLEYS, SECTION 1:60543 PROCEDURE REQUIRED". It was moved by Councilman Ehrenberg, saeonded by Council- man Messer, to waive first reading and to set date for second reading on October 9, 1961. Motion passed by a seven yea vote, (h) SECOND READING OF PROPOSED ORDIWLNCE AMENDING ORDINANCE N0. 730 PASSED DECEMBER 28, 1959s ENTITLED, "ST, LOUIS PARK ZONING ORDINANCE", SECTION 6:101.12, RELATING TO PROFESSIONLL OFFICES AND REPEALING SECTION 6;102.1 RELATING TO OFFICES OF A GENERAL NATURE, ORDINANCE N0, 801 It was moved by Councilman Messer, seconded by Council- man Pearson, to waive second reading and adopt Ordinance No. 801, entitled "An Ordinance Amending Ordinance No. 730 Passed December 28, 1959, Entitled "St. Louis Park Zoning Ordinance; Section 6:101.12 Relating to Professional Offices and Repealing Section 6;102.1 Relating to Offices of a General Nature". Motion passed by a seven yea vote. (i) SECOND READING OF PROPOSED ORDINANCE AMENDING ORDINANCE N0. 730 PASSED DECEMBER 28, 1959, ENTITLED "ST. LOUIS PARK ZONING ORDINANCE'?, SECTION 6:049.12 SUBD. 241 RELATING TO GASOLINE PUMPS. ORDINANCE NO. 302 It was moved by Councilman MenseandsadonteCouncil. man Pearson to waive second reading P No. 802, entitled "An Ordinance Amending SOrdinance t. Louis P No. 730 Passed December 28, 1959, Entitled rk •049.1, Zoning Ordinance Section 6: Subd. 2, Relating toa Seven yea vote. Gasoline Pumps"• Motion passed by 341 Council Minutes - September 25, 1961 7. (j) SECOND READING OF PROPOSED ORDINANCE AMENDING THE ST. LOUIS PARK ZONING ORDINANCE CHANGING�REET BETWEEN UTAH OUNDARIES OF ZONING DISTRICTS (SOUTH OF WEST 3O 2 S AVENUE AND XYLON AVENUE FROM B-1 TO R -B DISTRICT - CASE N0. 61-56-Z) ORDINANCE N0. 803 It was moved by Councilman Pearson, seconded by Councilman Messer, to waive second reading and adopt Ordinance No. 803, entitled "An Ordinance Amending the St. Louis Park Zoning Ordinance Changing Boundaries of Zoning Districts". Motion passed by a vote of seven yeas. 8.. REPORTS OF OFFICERS, BOARDS AND COMMITTEES (�) REPORT OF THE CITY MANAGER ON CHANGING NAME OF HURST STREET AND MELANIE LANE, Marshall Firster, renter, was present in favor. It was moved by Councilman Messer, seconded by Council- man Thiel, to waive first reading of proposed ordinance and to set date for second reading on October 9, 1961. Motion passed by a seven yea vote. (b) REPORT OF LAND ACQUISITION. None . (c) FINANCIAL REPORT OF THE CITY FOR AUGUST, 1961 - BY THE CITY MANAGER. On hearing no objections the Mayor ordered the report received for filing, (d) REPORT OF CITY ACTIVITIES FOR AUGUST, 1961 - BY THE CITY MANAGER. On hearing no objections the Mayor ordered the report received for filing. 342 Cecil Minutes -September 25, Q UNFINISHED BUSINESS OS 1961 (a) RECOMMENDATION OF THE PARKS & RECREATION ADVISORY THAT PRELIMINARY PLANS BE ACCEPTED AND 4JORKINGODY COMMISSION INITIAL CONSTRUCTION BE ORDERED FOR MINIK[1.HDA VISTA, FOR TERRY AND EDGEWOOD PARKS (DEFERRED FROM SEPTEMBER 18 W1961) 0 , 61) . Robert Corwine, Park Consultant meeting. , was present at the A motion was made by Councilman Ehrenberg, seconded by Councilman Shank, to amend Resolution by removing words "Wading Pool" and" Buildi.ngs" . Motion passed by a six yea and one nay vote. Councilman Messer voting nay. RESOLUTION N0. 1099 It was moved by Councilman Messer,seconded by Council- man 3orvig, to waive reading and adopt Resolution No. 1599 entitled "Resolution Approving Preliminary Plans, and Estimates for Minikanda Vista, Westdale, Terry and Edggwood Parks and Ordering Preparation of Working Drawings and Specifications for Initial Construction", as amended. Motion passed by a vote of six yeas and one nay. Councilman Messer voting nay. (b) RECOMMENDATION OF THE PARKS AND RECREATION ADVISORY COMMISSION THAT THE CARPENTER PARK SITE NOT BE CONSIDERED AS A LOCATION FOR THE CITY HALL (DEFERRED FROM SEPTEMBER 15, 1961) . Robert Corwine, Park Consultant, and Shorty Dale of Parks & Recreation Advisory Commission, were present at the meeting. It was moved by Councilman Thiel, seconded by Council- man Ehrenberg, that action on the above matter be deferred to October 16, 1961. Motion passed by a vote of seven yeas. (c) RECOMMENDATION OF THE PARKS & RECREATION ADVISORY COMMISSION THAT PRELIMINARY PLANS FOR CARPENTER PARKBE It was moved by Councilman Thiel, seconded by Council- man Ehrenberg, that action on this matter be deferred to October 16, 1961. Motion passed by ca seven Yea vote. 343 Council Minutes - September 25, 1961 9. 10, d REPORT OF THE CITY MANAGER ON CITY HALL SITES (DEFERRED FROM SEPTEMBER 1841 1961). Pat. Lawless was present at the meeting and interested in this matter. It was moved Councilman Messer, 162 1961. Motion nays. Councilman NEW BUSINESS by Councilman Ehrenberg, seconded by that this item be deferredasoa0dttwor passed by a vote of five 6 Thiel and Mayor Wolfe voting nay* (a) REGARDING CINERPM�, SITE James Knight, representing Minneapolis was present at the meeting. Baseball Company, Mr. Knight presented a Register Land Survey of Plat, now in Preliminary stage and stated the in a hurry to have it approved. of a portion company was It was moved by Councilman Pearson, seconded by Council- man Ehrenberg, that action on the Registered Land Survey be deferred with request that the staff do what they can to hasten the approval of the survey. Motion passed by a seven yea vote. (b) REGARDING SALE OF PROPERTY TO INTERESTATE DEPARTMENT STORES, INCL It was moved by Councilman Thiel,that the proposed agreement for sale of property to Interstate Department Inc. be amended to add the following; In the event purchaser elects to pre -pay said $340,000, said amount to be accepted by seller in lieu thereof shall be reduced by an amount equivalent to 3% per annum determined for the number of days prior to November 30, 1962 when the balance of the purchase price is paid. Motion lost because of no second. It was moved by Councilman Shank, seconded man Ehrenberg, that the proposed agreement for property to Interstate Department Stores, Inc. to add the following: 344 Stores, by Council" sale of be amended Cocil Minutes - September 25, 1961 In the event purchases 9• amount to be accepted to pre- p y seller in 1* said shall be reduced by an amount equivalentthereof per annum determined for the numb prior to November 30 umber of days of the purchase price is62 when the balance paid. The following roll call vote was taken; Councilman Ehrenberg yea; Councilman Jorvig, nay; Councilman Messer, nay; Councilg, man Pearson, yea; Councilman Shank, yea; Councilman Thiel nay; Mayor Wolf`, yea, Due to the fact that the Charter requires five affirma- tive votes the following motion was made; Motion was made by Councilman Pearson, seconded by Councilman Thiel, to reconsider the above motion. Motion passed by a seven yea vote . It was moved by Councilman Pearson, seconded by Council- man Thiel, that the proposed agreement for sal` of property to Interstate Department Stores, Inc. be amended to add the following: In the event purchaser elects to pre -pay said $340,000, said amount to be accepted by seller in lieu thereof shall be reduced by an amount equivalent to 2% per annum determined for the number of days prior to November 30, 1962 when the balance of the purchase price is paid Motion passed by the following roll call vote: Councilman Ehrenberg, yea; Councilman Jorvig, nay; Councilman Messer, nay; Councilman Parson, yeas Councilman Shank, yea; Councilman Thiel, yea; Mayor Wolfe, yea. . MIS CELLANEOUS (a) None 12 • CLAIMS APPROPRITRA MONS AND CONCT pAyMENTS (a) VERIFIED CLAIMS seconded by Councilman On motion of Councilman Jorvig, r` ared by the Director �d claims P ?p in the total amounts Thiel, the lists of Verlfl`" Council, of Finance and presented to th`58, 846.17 for vendors Were of $1, 261.62 for payroll, andr$ City Clerk and C1tY Treasures approved, and the City Machecks covering same, by a seven y were authorized to issue vote. 345 Council Minutes - September 25, 1961 12. (b) CONTRACT PAYMENTS 1. Final payment. Improvement No. 60-74, Watar- main and Improvement No. 60-75, Sanitary Sewer, Contractor, Phelps -Drake Co., Inc. Amount, $44,636.30, RESOLUTION N0. 1900 It wqs moved by Councilman Shank, seconded by Councilman Masser, to waive reading and adopt Resolution No. 1900, entitled 'Resolution Accepting Work on Watermain and Sanitary Sewer Improvement Nos. 60-74 & 60-751T. Motion passed by a seven yea vote. 13. ADJOURNMENT On motion of Councilman Messer, seconded the meeting was adjourned at 11;15 p.m., by a ATTEST: Secretary by Councilman Shank, seven yea vote. 346