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Home My WebLink About1962/09/04 - ADMIN - Minutes - City Council - Regular MINUTES OF CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA September 41, 1962 1 . CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Kenneth tVolfe at 3 : 03 P • m • 2 . INVOCATION Invocation was given by Rabbi Moses Sachs of the Bfnai Abraham Synagogue . 3 . ROLL CALL The following Councilmen were present at roll call . James Heltzer Frank Howard Curtis Pearson Robert Shank Leonard Thiel Kenneth Wolfe Also present were the City Manager , City Attorney , Planning Director , Director of Public Works and the Secretary . Councilman Ehrenberg arrived at 3 ; 40 p . m . 4 . MINUTES On motion of Councilman Howard , seconded by Councilman Shank , the minutes of the -regular meeting h ` ld August 20 , 1962 , were approved by a six yea vot ` . Councilman Ehrenberg not present when vote was taken . 5 . PUBLIC HEARINGS ( a ) PROPOSED PRELIMINARY AND FINAL, PLAT OF HARLENtf S ADDITION ( NORTHEAST CORNER OF YOSEMITE AVENUE AND WEST 28TH STREET ) REQUESTED BY TED HARLEM , HARRIET HARLEM , ROBERT KELBER AND DELORES TLELBER , Mayor Wolfe opened the hearing on this matter . Robert Kelber and Ted Harlem were present in favor of request . Mayor Wolfe declared th ` hearing eloso d . 224 Council Minutes - Sept , mber if. , 1962 5 It was moved by Councilman Pearson , seconded b Council - man Shank , to approve the preliminary plat of Harlem ' s Addition . Motion paSSed by a six yea vote . Councilman Ehrenberg not present when vote was taken . RESOLUTION NO , 2134 It was moved by Councilman Pearson , seconded by Council - man Shank , to waive reading and adopt Resolution No . 2134 , entitled , 41 Resolution Giving Approval for Final Plat of Harlem ' s Addition ' . Motion pass .3d by a six yea vote . Councilman Ehrenberg not present whon vota was taken . 6 . PETITIONS , REQUESTS AND COMMUNICATIONS ( a) NOTIFICATION OF INTENT TO HOLD BINGO GAME AT CHURCH OF THE HOLY FAMILY FALL FIESTA . On h ` acing no objections the Mayor ordared the notifica - tion received for filing . (b ) COMMUNICATION FROM KNOLLWOOD PLAZA MERCHANT ' S ASSOCIATION CONCERNING ACCESS TO HIGHWAY N0 . 7 . Walter Lamm of powers and E # G . ticha of Sears Roebuck & Co . were present at the meeting It was moved by Councilman ThIeL Seconded by Councilman matter to the Staff for study an Heltzer , to refer this � d to tha problem be referred recommendation and that the P oon as ossible . Motion Stat . Highway Department as councilman Ehrenberg not present passed by a six yea vote . when vote was tal< en . • RESOLUTIONS AND ORDINANCES Ca) ASSERTION OF DEFENSE OF GOVERNMENTAL RESOLUTION CONSENTING TO IMMUNITY - LEWIS CASE . RESOLUTION NO . 2135 Councilman Howard , seconded by Councilman It was movad by d adopt Resolution No . 2135 , antitlad , n an of Defer � of Governmental Thiel to waive readi g ,. ns r , to Assertionssad by a seven yea vote . Resolution Consenting Motion p Immunity - Lewis Caste " • 225 r Council Minutes - September 4 , 1962 7 . (b) RESOLUTION CONSENTING TO ASSERTION OF DEFENSE OF GOVERN - MENTAL IMMUNITY - JACKSON CASE * RESOLUTION IIIN0 . llllllllll�2136 It was moved by Councilman Heltser , seconded by Council - man Shank to waive reading and adopt Rsolution No . 2136 , entitled , ' 7Resolution Consenting to Assertion of Defense of Governmental Immunity - Jackson Case1 . Motion passed by a seven yea vote . ` ( c ) RESOLUTION LEVYING ASSESSMENT FOR REMOVEL OF NUISANCE OR SOURCE OF FILTH PURSUANT TO M . S . I`, . 145 . 22 AND 145 . 23 . RESOLUTION N0 , 2137 E It was moved by Councilman Heltzer , seconded by Council - man Shank , to waive reading and adopt Resolution No . 2137 , entitled " Resolution Levying Assessment for Removal of Nuisance or Source of Filth Pursuant to M . S . I, . 145 . 22 and 145 . 23 " . Motion passed by a seven yea vote . ( d) RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHOR - IZING ADVERTISEMENT FOR BIDS , IMPROVEMENT NOS . 62 - 9 AND 62 - 46 . RESOLUTION N0 , 2138 It was moved by Councilman ghank , seconded by Council - man Heltzer , to waive reading and adopt Resolution No . 2138 , { ntitled , " Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids " . Motion passed by a seven yea vote . Bids to b ` taken September 28 , 1962 . !F I ( z ) RESOLUTION FOR HEARING ON PROPOSED SPECIAL ASSESSMENT , IMPROVEMENT NOS , 60 - 171 60 - 293 60 - 3811 60 - 411P 60 - 76 , 60 - 85 , 60 - 971 62 - 31 60 - 62 . RESOLUTION N0 , 2139 I is It was moved by Councilman Shank , seconded by Council - man Heltzar , to waive reading and adopt Resolution No . 2139 , ;entitled , " Resolution for Hearing on Proposed Special Assess - ment , Improvement Nos , 60 - 17 , 60 - 29 , 60 - 38 , 60 - 41 , 60 - 762 60 - 881 60 - 97 , 62 - 3 and 60 - 62 " . Motion pa ssed by a seven o yea vote . 226 Council Minutes - SOPt ` mbar 4 1962 Be REPORTS OF OFFICERS BI . ''1 111111OARDS ND COMMITTEES ( a ) MINUTES OF BOARD OF 165 1962 * ZONING APPEALS MEETING HELD AUGUST On hear % no recoiv ` d for Bilin object Ions the Mayor ordered the g minutes (b ) REPORT OF THE BOARD OF ZONING APPEAL ( CASE RECOMMENDING UNFAVOP.I,BLY UPON THE REQUESTOFNT • 62 - 50 -V�;;Z . ) CORPOP �TION FOR VARIANCE FROM PROVISIONS OF SECOR TION& 6 • 0004 . OF THE ZONING ORDINANCE TO REDUCE THE SIDE YARD WIDTH FROM3 THE REQUIRED FIFTEEN FEET TO SIX FEET AT 3909 - 11 BRUNSWICK AVENUE , It was mov ; d by Councilman Ehrenberg , seconded by Councilman Shank , that upon the recommendation of the Board of Zoning Appals the above request be denied, Motion passed by a seven you vote , ( c ) REPORT OF THE B iIRD OF ZONING APPEALS ( CASE NO . 62 - 51mIIVA O ) RECOMMENDING UNFE,VORABLY UPON THE REQUEST OF DONALD RASSETT FOR VARIANCE FROM PROVISIONS OF SECTION 6 ; 074 . 5 OF THE ZONING ORDINANCE TO REDUCE THE SIDE YE,RD WIDTH FROM THE REQUIRED SIX FEET TO THREE FEET AT 3517 YUKON AVENUE . Donald Bassett was present at the meeting . It was moved by Councilman P arson , seconded by Council - man Howard , that upon the -recommendation of the Board of Zoning Appeals the above request ba . notprsentwhen Motion by a six yea vote . Councilman Ehr vote was takon . KS ( d) PP.ELIMINTaRY REPORT OF THE DICT TO DIRECTORTHEFOLLO1� IOF PUBLIC 1NGORIMPPOVEMENTS . ASSESSMENT REPORT WITH RESPECT ast 1 . N o . 62 - 51 , curb and gutter on ` slaoofNLotdl0 , from Cedar Lake ev4nue Road north to north n ` Home Additiona sidewalk on side of ofvLot 10 ,da nHom,� rom 2 . No . 62 - 52 , to north lin Cadar Lake Road north I-addition . evada �, venu ` from Cedar La main in N 3 . No . 62 - 37 , watn2r ma 1in � of Lot 10 , Home Addition . Road north to 227 Council Minutes - September 41 1962 BLES OLUT ION NO • 2140 Be Seconded by Council . It was moved by Councilman Pear °P\ � solution No . 2140 , man Shanl� , to waive reading and adop reliminar Receiving Petitions , P Y entitled , " P. esolution P. ` roving same , cificati. ons , App p� ` ports and Plans and Sp Contract to Include Ordering Improvements and Au62o52ZingExisting Contract for Improvement Nos . 62 - 51 , and 62 _ 5 , 62 _ 8 , 62 - 11 , e Improvemnt Nos . 61 - 441 61 - 45 , 62 - 1 , 62 - 22 62 - 23 and 62 - 395 Curb and Gutter and 5 idewa ' . Motion passed by a seven yea vote . RESOLUTION N0 , 2141 It was moved by Councilman Pearson , seconded by Council - man Shan]c , to waive reading and adopt Resolution No . 2141 , entitled , " Resolution Receiving Petition , preliminary Reports and Plans and Specifications , Approving Same , Ordering Im - provement and Authorizing Water Main Construction by City forces Improvement No . 62 - 3711 . Motion passed by a seven yea vote . ( e) PRELIMINARY REPORTS OF THE DIRECTOR OF PUBLIC ORKS IMPRO DMENTS : ASSESSMENT REPORT WITH RESPECT TO THE FOLLOWING 1 . No . 62 - 75 , water main in 41st Street from Yosemite Avenue to Zarthan Avenue . 2 . No . 62 - 61 , water main in 26th Street and Natchez Avenue from Monterey Avenue to Lot 32 , Block 9 , Thorpe Bros . Cedar Lake Reights . 3 . No . 62 - 62 , water main in Franklin Avenue from 18th Street to Georgia Avenue . ; ; 4 . No . 62 - 71 , water main in north end of Yosemite Avenue and 26th Street , Lot 2 , Auditor ' s Subdivision # 350 and Lot 1 , except east 148 feet . 5 . No . 61 - 481 sanitary sewer in Meadowbrook Road from Excelsior Boulevard to Powell Road and Powell Road from Meadowbrook Road west to City Limits . 6 . No . 62 - 635 sanitary sewer in Franklin Avenue from West 18th Street to 100 feet southwest . 7 . No . 62 - 39B , sidewalk on north side Minnetonka Boulevard from Virginia Avenue to Aquila Avenue and north side of Virginia Avenue from existing walks at Texa - Tonka Avenue east to north Virginia Avenue ( abutting Lots 617 + 8s Block 4 , Texa - Tonka Addition) . 228 Council Minutes - September 4 , 1962 8 . 8 . No . 62 - 72 , grading on north end of West 26th Street and Yosemite Avenue from existing surfacing at south lot line of Lot 2 , AuditorTs Subdivision No . 358 , north 90 f .ziet Mr . Lyindauer , 1826 Georgia Avenue , was present in favor of Imprevament No . 62 . 62 - water main . RESOLUTION N0 , 2142 1PL was moved by Councilman Pearson , seconded by Council - man Hc ) _ -L zer , to waiva raading and adopt Resolution No . 2142 , ertitler11311R ` solution Receiving Reports and Calling Hearing on Imp - oveMent Nos , 62 . 75 , 62 - 61 , 62 - 621 62 - 71 , 61 - 481 62 - 631) 62 - 39B ant 62 - 72 " . Motion passed by a six yea vote . Councilman Ehrenberg not present when vote was taken . Hearing on September 17 , 1962 . 9 . UNFINISHED BUSINESS ( a) RLPORT OI' THE PLANNING COMMISSION ( CASE NO , 62 - 24 - S ) RE - COMMTEo DiN'S FAVORABLY UPON THE REQUEST OF ROBERT J . MC iSiJLT 1 FOR APPROVAL OF FINAL PLAT OF TOWER COURT ADDITION (FORMERLY WESTWOOD HILLS COUNTRY GARDENS ) DEFERRED FROM AUGJS `1' 20 . 19620 I �- was moved by Councilman Shank , seconded by Councilman Pearson , that action on this matter be deferred until Septem - ber 10 , 1962 ., as requestad by applicant . Motion pa ss ` d by a seven yea vote . (b ) REPORT OF `1 HE PLANNING COMM NOTHE6REQUEST) OFE COMMENDiNC FAVORABLY WITH ONDI ROBEP.T J . MC NULTY FOR SPECIAL PE NlI1NCEROTO USOEVLANDNIN F SECTION 0 - 177 . 1 OF THE ZONING O � R •- 1 DSSTRIC''r TO DEVELOP A COMMUNITY UNIT PLAN (FRANKLIN AVENUE, WEST OF TEXtjS AVENUE - DEFERRED FROM AUGUST 20 , 1962) . It gas moved b Councilman Shank , seconded by Councilman y Pearson. , that action oiAhis matter be deferredasstdlbySeptember applicant * P 10 , 1962 , C_ s requested by PPli seven vea rete . �, � � � ,,T10N OF THE PLANNING COMMISSION ��TO ESE NO , LIMINATE ( c ) RE C OMMEND� MISC . T - -JP THE THOROUGHFARE PLAN BE AMENDED } � H1-, ARE DESIGNATED AS FRANIQ' IN JTVL MITSOF ANDWEST CITY THE T HG ROU VENUE IND WE 16 �i'I=: S ^ REE` , TWEEN TEXAS E� 1962 ) (DEFERRED FRONT AUGUST 20 229 Council Minutes - September 45 1962 It was moved by Councilman Shank , seconded by Council . 90 that action on this matter be deferred until man Pearson , uested by applicant . Motion September 10 , 1962 , as req passed by a seven yea vote . ( d) SALE OF PRESENT CITY HALL PROPERTY ( DEFERRED FROM AUGUST 205 1962 ) . It was moved by Councilman Shank , seconded by Councilman Heltzer , to defer action on this matter until September 101 1962 . Motion passed by a seven yea vote . 10 . NE4 BUSINESS ( a) LEASE OF SPACE FOR EQUIPMENT STORAGE BCITY OF ST . LOUIS PARK FROM FEDERAL TOOL AND MANUFACTURING A motion was made by Councilman Heltzer , seconded by Councilman Thiel , to authorize the Mayor and City Manager to execute lease . Motion passed by a seven yea vote . (b) LEASE OF HOUSE AT 5913 CAMBRIDGE AVENUE BY ST , GEORGE ' S PARISH FROM THE CITY OF ST . LOUIS PARK . A motion was made by Councilman Thial , seconded by Councilman Pearson , to authorize the Mayor and City Manager to execute lease . Motion passed by a seven yea vote . (c ) VIOLATION OF BUILDING CODE ETC , BY COUNCILMAN HOWARD . A motion was made by Councilman Howard , seconded by Councilman Heltzer , that the City Attorney be instructed to prepare an ordinance setting up " Ordinance Violation Bureau1� . Motion passed by a seven yea vote . ( d) COUNCILMAN HELTZER called attention to the meeting to be held by the Parks and Recreation Commission , Wednesday evening September 5 , 1962 , at the Community C ` ntor . ( e ) E1PPOINTMENT OF TORVAL JORVIG AS CHAIRW-,N OF UNITED W31ONS ANNIVERS ,.RY DAY - BY MAYOR WOLFE , A motion was mad, by Councilman Ehrenberg , saconded by Councilman Pearson , to consent to the appointment of Tonal Jorvig as Chairman of the United Nations Anniversary Day * Motion passed by a savers yea vote . 230 council Minutes - September 4 , 1962 10 ( f) THE CITY MANAGER REPORTED THAT HE HAD RECEIVED PLANS FROM THE STATE REGARDING IMPROVEMENT OF EXCELSIOR BOULEVARD FROM FRANCE AVENUE TO HIGH14AY NO , 100 . It was moved by Councilman Ehrenberg , seconded by Councilman Thiel , that action on these plans be d ` farred to September 17 , 1962 . Motion passed by a seven yea vote . (g) REPORT FROM CITY MANAGER REGARDING LETTER RECEIVED FROM HOMEDALE NURSERY ABOUT LAND FOR RIGHT OF WAY OF LOUISIT14A AVENUE EXTENSION , It was moved by Councilman Pearson seconded by Council - man Thiel , that the City Manager be authorized to negotiate for this property at a maximum price of $ 4 , 000 . 00 . Motion passed by a seven yea vote . (h ) COUNCILMAN HOWARD STARTED A DISCUSSION ON CITY ATTORNEY ' S REPORT ON CLAIMS , DATED SEPTEMBER 1 , 1962 . No action taken . 11 . MISCELLANEOUS i ( a) DAMAGE CLAIMS 1 . Russell M . Anderson , 3945 Dakota Avenue . It was moved by Councilman Heltzer , seconded by Council - man Thiel , that the above claim be referred to the Law Depart - ment for advice and recommendation . Lotion passed by a seven yea vote . 12 • CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS ( a) None . 13 . LD OURNKNT On motion of Councilman Pearson , seconded by Councilman Heltzer , the meeting was adj ourned at 9 . 35 p . m . , by a seven yea vote , `ATTEST ; Ke th Wolf 2 , Mayor J Sep Us ta/d Secretary V 231