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HomeMy WebLinkAbout1949/07/18 - ADMIN - Minutes - City Council - Regular July 11, 1949 1 1 1 Resolution Setting Hearing for Street Improvements b IMPROVEMENT - NUMBER LOCATION CURB AND GUTTER - 0-142 ' East side of Dakota Avenue adjacent to Lots numbered 18 thru 29, Block 253, Rearrangement of St. Louis Park. Building Permit for Multiple Dwelling - On motion of Trustee Bolmgren, seconded by 'Trustee Jorvig, the Building IIIInspector was instructed to issue a building permit to the Maurice Mandel Company for the construction of a multiple dwelling on Lynn Avenue and Highway #7, by unani- mous vote of the Council. Refund of Special Assessments , On the motion of Clerk Justad, seconded by Trustee Bolmgren, the recommenda- tion of Assessment Clerk, R. B. Connery, a refund on the following assessments was approved for the reason that they were paid in 1947; and the County Auditor was notified by letter, but in error did not take them from his records and they were charged again in 1948 ----- Lot 27, Block 6, Lenox Addition ' Tar Treatment on 1948 statement $ 1.36 Sidewalk " " " ‘ 17.67 Storm Sewer #12 _ 2.42 $21.45 M• otion was passed by unanimous vote of the ,Council. Meeting Adjourned - �,_ -The meeting was adjourned by President Erickson at 12:15 A. M., 7-12-49. • • A• igf - i _ - 0 __:.�..:.■a,.1l - President of the Village Council ATTEST: - • • / / • • .IPZ./. i. ./_ _. -,(1-.__ i • JOSE— JUS nf • Village C k • • REGULAR MRETING JULY 18, 1949 • A meeting of the Village Council was called to order by President Erickson at'8:29 P. M., with the following Council Members present at roll call: Trustee Bolmgren Trustee Jorvig Clerk Justad President Erickson Vetified Claims On motion of Trustee Bolmgren; seconded.by Clerk Justad, the following vetified claims were approved, and the President and Clerk are hereby authorized to 'issue warrants covering same, by the following roll call vote: Trustee Bolmgren, yea; Trustee Jorvig, yea; Mayor Erickson, yea; Clerk Justad, yea: • Donald Allar 75.00 A. Anderson 118.80 John Balich 189.20 Jean Bergevin 75.00 Nancy Berset 33.75 C. J. Betley 154.00 Betty Bloom 62.50 Earl Bohm 50.00 , H. -J. Bolmgren 60.00 J. V;. 'Brockman 118.80 B. -F. Cihoski 128.45 - John Connery 157.60 R. •B. Connery 155.00 Dorothy Corbett 67.50 James R. Dahl 134.00 Elsie Dahlstrom 55.10 Marjorie Dale 74.80 C. L 'Dickinson 75.00 Al -Donahue 156.22 Mary E. Dunkum 83.60 112July 18,,1949 PO Verified Claims, Cont'd. Mrs. Ardith Erickson 71.25 0. B. Erickson - 80.00 E. Ferch 123.20 Kathleen Frarey 41.25 Irwin Freeland 142.00 H. Frieborg 145.59 H. Gallaway 101.25 Terrance Gardner 16.20 George Gibson 150.00 George Gibson 81.60 Edwin Gilbert 137.50 H. Girard 150.00 Donald Glassing 134.00 Varah Goodrich 80.00 James Gronseth , 50.00 Truman Hedwall 142.00 Orlo Hemstock 55.00 Orlo Hemstock 118.80 Owen C. Henry 110.00 Mary Jane Hickok 67.50 Carl Iverson 142.00 Stephen Iverson 100.00 Alvera Johnson 96.80 Clyde Johnson 134.00 Fritz Johnson 75.00 J. 0. Johnson 150.00 K. Johnson 165.00 L. M. Johnson 142.00 III C. W. Jones 132.00 David Jorvig 118.80 Torval Jorvig 60.00 Walter Jungblut 118.80 Alan Justad 140.80 Joseph Justad - 215.00 M. Kadlac 33.30 Maynard Kays 170.25 Robert Kays 132.98 - Geneva Keller 71.25 WM. Kuross 75.00 Margaret Larson - 75.00 Vernice Larson 80.00 Roy Lea - 121.80 , C. Lindgren 123.20 0. R. Mc Gary 123.20 Omar Mc Gary 139.00 D. Mc Kay 132.00 Gladys Malone 16.75 Vance Marfell 129.50 Mildred Melbourne . 80.00 Erling Mostue, Jr. 75.00 Andy Nelson 165.00 H. Nelson 136.15 Philip Nelson ' 75.00 Dorothy Owens 72.00 Ellida Parchem 107.50 Wm. M. Pascoe 118.80 Karl Pegors 75.00 H. W. Perkins 60.00 Glen Peterson 123.20 Ralph F. Pherson 75.00 Mary Pinkerton - • 7.50 Jean Port 75.00 Gertrude Renner 115.90 Patty Ruedlinger 75.00 W. J. Sahl 123.20 K. P. Scheibe 118.80 Kurt Scheibe • 150.00 F. J. Senander 150.00 R. Sendander 118.80 Fred Sewall 118.80 Doris Snyker 37.50 Allan Sorenson 75.00 Clyde Sorenson 131.50 Robert Sorenson 142.00 Robert Standal 134.00 Peter Stienstra 165.00 Gunnar Stromer 140.80 E. Taylor 75.60 III J. C. Utton 265.00 Ira M. Vraalstad 165.00 J. A. Werner 165.00 Dan Whalen 139.00 C. M. Williams 165.00 J. S. Williams 115.00 W. Williams 108.00 Martha L. Wylie 88.00 Burt Zila 136.15 American Linen Company 4.96 A. B. Bjornson Company 86.00 Borchert-Ingersoll 13.03 Brookside Grocery 22.50 Crane's Office & School Supply 62.78 Delegard Tool Company 17.29 Adolph Fine, Inc. 90.98 Fitch Pet Hospital 35.00 Fletcher Crop Improvement Servs 56.00 J. V. Gleason 1,156.27 J. V. Gleason 150.93 n n n 263.59 n n n 125.56 n n n 132.23 n n n 107.07 n n n 519.66 n n " 126.42 n It n 135.58 n n It 378.83 Goodin Company 106.24 T. S. Gordon 47.25 Hawkins Chemical Co. 360.00 Homelite Corporation 750.60 Home Owners' Loan Corporation 14.84 E. A. Johnson Spring Co. • 21.45 Glenn Johnson Contracting Co. 26.65 Goodwin Joss Laboratories 12.00 The Klass Company 164.83 Landers-Norblom-Christenson 64.63 Carl Luth 80.00 Lyle Signs, Inc. 74.84 Lyon Chemicals, Inc. 90.00 n n It 20.40 Edward J. Mc Devitt 6.00 Wm. H. Mc Coy 57.31 . A. Y. Ma Donald Mfg. Co. 25.59 Miller-Davis Company 5.00 n n It n n It 78.66 wm. H. Mc Coy 80.80111 Miller-Davis_Company _ 4.40 Miller-Davis Company 9.75 n n n 1.00 n It n 11.75 n n n 10.10 n n n 10.25 Minar Company 2.35 Minikanda Hardware .96 Minneapolis Blue Printing 1.44 n ' " 2.31 City of Mpls. Treasurer 1,651.03 Minneapolis Gas Company 12.13 Minn. Fire Extinguisher Co. 2.50 '" " " 13.21 E. T. Montgomery 16.00 Tom Motzko _ _ 10.45 It It n 15.00 " It 5.70, MUeller Company 4.48 n 'n .50 Nat'l. Soap & Chemical Co. 4.73 " " 12.40 NW Bell Telephone Co. 118.30 Phelps-Drake Company 532.79 Republic Creosoting Co. 274.54 It „ 't 1,494.23 July 18, 1949 113 Verified Claims, Cont'd. • Mary Siragusa 16.32 United States Treasurer 4,769.01 Ira M. Vraalstad .44 Ira M. Vraalstad .70 Bids for Sidewalk Construction - Pursuant to advertisement for bids in the St. Louis Park Dispatch, sealed bids were received from the following bidders for the construction of sidewalk at various locations in the Village ----- 1. John Finstad & Son $2.70 per square yard 2. George Madsen $2.85 " I' " On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the above listed bids were referred to the Village Engineer and Chairman of the Street Department Committee for tabulation and recommendation, by unanimous vote of Council Members pre sent. - Hearing - Alley Vacation (Block 2, Oak Lawns) A hearing was had on the petition of E. A. Linnee and others for vacation of alley in Block 2, Oak Lawns. Mr. Linnee and others were present in support of the petition. • Resolution On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following resolution was adopted by unanimous vote of all Council Members present: RESOLUTION VACATING ALLEY WHEREAS, petition of a majority of the owners of real property adjacent to alley in Block 2, Oak Lawn, south of Lots Nos. 20 and 5, requesting vacation of said portion of said alley has been duly filed with the Village Clerk and said Council has met at the time and place specified in a notice embracing a copy of said petition duly published and posted and has heard all interested persons, and it appears in the interest of the public that the portion of the alley in said block hereinafter described be vacated, the same not having been heretofore xgraded or used, therefore, BE IT RESOLVED by the Village Council of the Village of St. Louis Park that that portion of alley in Block 2, Oak Lawn, adjacent to Lots 6 to 19, in- clusive, as the same is now dedicated and laid out within the. corporate limits of said Village be hereby vacated. Hearing - Proposed Comprehensive Rezoning • Pursuant to advertisement in the St. Louis Park Dispatch, hearings were had on the following proposed comprehensive rezoning recommended by the Planning Commission --- 1. FROM OPEN DEVELOPMENT DISTRICT TO RESIDENCE DISTRICT: Crestview Addition, Belmont Terrace, Turf and Paddock Addition, Huntington Woods Addition and South Crestview Addition. • No one appeared. 2. FROM HEAVY INDUSTRY TO RESIDENCE ,DISTRICT: Commencing at the NW corner of Lot 1, _Block 5, The Bronx; thence East along the North line of said Lot and continuing East along the North lines of Lots 4 and 1, Block 4, and Lot 17, Block 3, The Bronx, to the NE corner of said Lot 17; thence Northeast to the Southwest corner of Lot 12, said Block 3; thence East along the South line of said Lot 12 and continuing East along the South lines of Lots 19 and 12, Block 2, and Lots 19 and 12, Block 1, The Bronx, and continuing East parallel to the North line of Section 8, Twp. 117, Range 21, to a point 130 feet East of the East line of Dakota Avenue; thence North parallel with the East line of Dakota Avenue to a point 200 feet North of the North line of said Section 8; thence. West parallel with the North line of said Section 8 o the center line-of alley in Block 3, The Bronx, extended North; thence North along said center line extended to the South line of the Great Northern right-of-way; thence . tet% 114 July 18, 1949 Hearing - Proposed Comprehensive Rezoning, Cont'd. • 2. FROM HEAVY INDUSTRY TO RESIDENCE DISTRICT ----- Westerly along the South line of said right-of way to a point of intersection with the center line of alley in Block 5, The Bronx, extended North and parallel with Louisiana Avenue; thence South along said line to point of beginning: Representatives from the Great Northern Railway appeared with regard to property along their right-of-way and suggested that the West end of this be made light industry. 3. FROM HEAVY INDUSTRY TO LIGHT INDUSTRY DISTRICT: Commencing at a point on the East line of Section 8, Twp. 117, Range 21, 200 feet North of the South line of the North half of said section; thence East 130 feet; thence North parallel with the East line . of Dakota Avenue to the South line of the Great Northern Railway right-of-way; thence Westerly along the South line of said right-of-way to point of inter- section with the centerline of Block 3, The Bronx, extended North; thence South to a point 200 .feet North of the South line of the North half of said Section 8; thence East parallel to and 200 feet north of the said South line of the North half of Section 8, to point of beginning. No one appeared. 4. FROM HEAVY INDUSTRY TO COMMERCIAL DISTRICT: Commencing at the Northwest corner of Lot 5, Block 5, The Bronx; thence North along the East line of Lousiana Avenue to the South line of the Great Northern Railway right-of-way; thence Easterly along the South line of said right-of-way to intersection of said center line of alleys in •Block 5, The Bronx, extended North parallel with Louisiana Avenue; thence South along said center line extended to North line of Block 5, The Bronx; thence West to point of begin- ning. - No one appeared. 5. FROM COMMERCIAL TO RESIDENCE DISTRICT: Lots l-and 2, -Block 6; Lots_29 and 30, Block 5, Park Manor; that portion of_government Lot 6, Section 9, Twp. 117; Range 21, lying between the East and West lines of Lot 30, Block 5, Park Manor, extended North and bounded on the North by a line 135 feet North of and parallel with the North line of 27th Street produced East and bounded on the South by the North line of said Lot 30, Block 5, Park Manor; that part of the NE4 of the SW4; Section 8, Twp. 117, Range 21 lying between the East and West lines of Lot 1,. Block 6, Park Manor, extended North and bounded on the North by a line 135 feet North of and parallel with the North line of 27th Street and bounded on the South by said North line of 27th Street. No one appeared. 6. FROM RESIDENCE TO COMMERCIAL DISTRICT: Lots 3, 4, 5, Block 5; Lots_28, 29, 30, Block 6, The Bronx; East 130 feet of_the North 150 feet of SE4 of NEk, Section 8, Twp. 112, Range 21. - No one appeared. On motion of Trustee Jorvig, seconded by Trustee Bolmgren, action on above proposed comprehensive rezoning was deferred to August 15, 1949, and the Building inspector was instructed to refrain from issuing building permits in this area until action is taken at that time. Motion was passed by unanimous vote of Council Members present. Petitions On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following July 18, 1949 115 Petitions, Continued: petitions were referred to the Village Engineer and Chairman of the Street Department Committee for checking and recommendation, by unanimous vote of the Council Members present: P-426 PETITION FOR SIDEWALK, signed by Victor J. Hagstrom, 3309 Louisiana Avenue and others, Dated July 11, 1949, for the construction of sidewalk on the EAST SIDE OF LOUISIANA AVENUE FROM 1ST STREET NW. TO 2ND STREET NW. III P-436 PETITION FOR TAR MAT, signed by P. H. Sievert, 2729 Webster Avenue and others, dated July 18, 1949, for the application_of tar mat on ALLEY IN BLOCK 2, Birchwoods Addition. P-437 PETITION FOR GRADING AND GRAVELING, signed by Carl W. Molin, 3830 Woodland Drive and others, dated July 18, 1949, for the grading and gravel- ing of WOODLAND DRIVE BETWEEN WEST LAKE STREET and EDGEBROOK DRIVE. Petition for Water Mains On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following petitions for water mains were referred to the Village Engineer and Chairman of the Water Department Committee for checking and recommendation, by unanimous vote of Council Members present: P-429 PETITION FOR WATER MAIN EXTENSION, signed by Adolph Fine, Incorporated, for the construction of water main extension in FRANCE AVENUE FROM • 39TH STREET TO 38TH,STREET -- Dated July 11, 1949. License - Restaurant On motion of- Trustee- Holmgren,, seconded by Trustee Jorvig, the application of Julia S. Westling, DBA Lilac Lane Cafe, 3901 Wooddale Avenue, for a license to operate a restaurant was approved, and the President and Clerk are hereby authorized to issue license for year 1949, by unanimous vote of Council Members present. Permit - Underground Oil Storage Tanks - On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the application of George T. Butler, 7000 West Lake Street, St. Louis Park, for a permit to install One (1) 500 gallon underground fuel oil storage tank; and One (1) 500 gallon underground- crank case oil storage tank was approved, and the President and Clerk are hereby authorized to issue permit for same, by unanimous vote of the Council Members present. _ Bonds On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the following bonds were approved by unanimous vote of Council Members present: HEATING LICENSE BOND, with George J. Johnstone, 1400 Washington Avenue South, Minneapolis as principal and Columbia Casualty Company of New York, N. Y. as surety, dated June 23, 1949, in the amount of $1,000.00. . CONTRACTOR'S BOND, with De Graff Wolff of St. Paul, Minnesota as principal, and United States Fidelity and Guarantee Company of Baltimore, Maryland as surety, dated July 6, 1949, in the, amount of $4,970.04, covering construction of Storm Sewer #19. Permission to Construct Gas Mains On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the Minneapolis Gas Company was granted permission to construct gas mains at the following locations, by unanimous vote of Council Members present: #130 In Hampshire Avenue from West 18th Street to • Lots 2 and 3, Richmond 3rd addition. #216 In Hobart Lane from Brookside Avenue to Lot 3, Block 6, Brookside Addition. #217 In Kentucky Avenue from Cedar Lake Road to Lot 127 and Si Lot 126, Richmond 3rd Addition. 116 July 18, 1949 e Letter from Fog-Kill System 1� A letter dated July 14, 1949 from Fog-Kill System of Minnesota was read regarding the control of mosquitoes, flies and other insects. On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the Fog-Kill System letter was referred to the Health and Welfare Committee for checking and report by unani- mous vote of the Council. Letter Re: Sewer Installation On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the letter received from the St. Louis Park School Board, dated December 13, 1949, concern- ing the sewer installation made to the Brookside School was ordered made a part of the minutes, as follows ----- 0 "ST. LOUIS PARK PUBLIC SCHOOLS • St. Louis Park, Minnesota , December 13, 1948 Village Council - Mr. Joseph Justad, Clerk Village Hall • St. Louis Park, Minnesota Gentlemen: The Board of Education. recently received a state- ment for a Special Assessment dated October 25, 1948, in the amount of $1,989.68 for: - Z Brookside School - Sanitary Sewer District "d. Suburban Homes Addition, Lots 30 through.36, Block 10. School Board's • share- of cost of- Sanitary Sewer, per- agreement. The Board of Education wishes to request that the Village Council make this letter an- item•of•record for its minutes so that the following will be recorded for future use of Village Trustees._, The sewer from Excelsior Boulevard south on Webster Avenue to the North- west corner of the school property was increased in depth so that the Achool could make use of this new sewer for the new Brookside School building. The additional expense involved was billed to the School District by the Council rather than assessing property owners on Webster Avenue for this extra depth. In as much as this additional expense was assessed against the School District for the sewer not running. along its property, and In as much as the School District had gone to additional expense by not being able to connect with the sewer on Vernon Avenue as originally planned by the Village Engineer, and In as much as the new sewage connection running in a northwesterly direction to the Webster Lateral involved much more expense, The Board of Education is of the opinion that the School District has already borne its share of the sewer should it ever be extended south on Webster Avenue adjacent to Lots 30 to 36, Block 10, and that the Village Council be requested to refrain from again assessing the School District Property. The Board -of Education realizes that future Councils cannot be bound by the action of the present Council, but the Board of Education would appreciate a letter from the Village Council for its files for future use, concurring with the above statements-as per our special meeting with the Village Council on December 6, 1948. Sincerely yours, ./s/. H. R.• Enestvedt , HRE:bf Superintendent of Schools" Motion was passed by unanimous vote of Council Members present. Reciprocal Fire Service Agreement The Reciprocal Fire Service Agreement with Richfield, Edina, Hopkins and July 18, 1949 117 Reciprocal Fire Service Agreement, Conttd. Golden Valley was discussed. Before signing same, the Village Council requested the Village Attorney to check on the paragraph regarding insurance, and the Clerk was instructed to write the Fire Underwriters and inquire as to what effect the signing of this agreement would have on our Fire Insurance rates. Advertise for Roller Tandem On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the Village Clerk was instructed to advertise for bids for a Huber 5-8 Ton Tandem Roller with Fluid Coupling, or equal; bids to be opened August 1, 1949, by unanimous vote of the Council Members present. Estimates On motion of Trustee Bolmgren, seconded by Clerk Justad, the following estimates of contract work in progress presented by Village Engineer, J. C. Utton were approved, and the President and Clerk are hereby authorized to issue warrants to cover same, by unanimous vote of Council Members present ESTIMATE #2 - JOB N-178 WATER MAIN CONSTRUCTION Phelps-Drake Company, Inc., Contractors 661 L. F. 12" C. I. P., Complete in Place @ 6.35 per L. F. $4,197.35 8 L. F. 8" C. I. P., " It " @ 3.45 't tt " 27.60 1 Hydrant _ t! " " @ 180.00 each_ _ 180.00 980 Lbs. C. I. Specials " ti n @ .15 per lb. 147.00 $4,551.95 Less Amt. Retained for Street Repairs $150.00 • Less Estimate #1 $3,869.16 4,019.16 Balance due $ 532.79 ESTIMATE #2 - JOB N-176 WATER MAIN CONSTRUCTION Phelps-Drake Company, Inc., Contractors 3,100 L. F. 6" C.I.P., Complete in Place @ $3.60 per L. F. $11,160.00 6 Hydrants " " " @ 185.00 each _ 1,110.00 5 6" Valves and Boxes " t! " @ 85.00 each 425.00 2,766 Lbs. C. I. Specials tt o " @ .15 per lb. 414.90 1 Cut in _ @ 75.00 each 75.00 1 8" Valve and Box n " " @ 110.00 " 110.00 $13,294.90 Less Amt. retained for street repairs 500.00 Less Estimate #1 11,300.67 - 11,800.67 Balance due - - $ 1,494.23 Resolution . On motion of Trustee Bolmgren, seconded by Clerk Justad, the following resolution was adopted by unanimous vote of Council Members present: RESOLUTION CANCELING WEED CUTTING ASSESSMENTS BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the following assessments made in 1948 be hereby canceled for the reason that weed destruction was billed in error against the following property ----- Lots 44, 45, 46, 47, Block 175, Rearrangement of St. Louis Park, in the amount of $6.00; and the President and Clerk are hereby authorized to refund the amount paid upon receipt of a verified claim signed by the taxpayer (Edward Mc Devitt, 3393 Brownlow Avenue). Resolution On motion of Trustee Bolmgren, seconded by Clerk Justad, the following resolution was adopted by,unanimous vote of Council Members present: RESOLUTION CANCELING GARBAGE COLLECTION ASSESSMENTS BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the following assessments levied pursuant to resolutions adopted October 6, 1947 118 July 18, 1949 C- Resolution Canceling Garbage Collection Assessments, Cont'd. and September 16, 1948 be hereby canceled for the reason that said lands were used either for business or were vacant, and were not served by the garbage collection service of the Village, and the President and Clerk are hereby author- ized to refund the amount paid on receipt of a verified claim signed by the taxpayer ----- Mary Siragusa. Lot 45, Richmond Addition for year 1947 $ 7.92 If II It n " " 1948 8.40 $16.32 Salary Increase - C. W. Jones On motion of Trustee Bolmgren, seconded by Clerk Justad, on the recom- mendation of Village Engineer, J. C. Utton, the wage rate for C. W. Jones, Surveyor's Rodman was set at $1.60 per hour to become effective July 15, 1949, by unanimous vote of Council Members present. Bid Awarded - Sanitary Sewers 2-L and 1-R On motion of Trustee Bolmgren, seconded by Clerk Justad, the bid of Phelps- Drake Company, Incorporated, received July 11, 1949, for the construction of Sanitary Sewers 2-L and 1-R in the amount of $53,479.50, less $11,890.00 for re- surfacing, was deemed to be the lowest bid of a responsible bidder, and the President and Clerk are hereby authorized to enter into a contract in behalf of the Village with Phelps-Drake Company, Incorporated for same at the amount bid — $53,479.50 less $11,890.00 --- $41,589.50. Motion was passed by unanimous vote of Council Members present. Landscaping, Etc. Lots 13 & 14, Block 3, Sunset Gables 2nd The penciled drawing of proposed installations to be made by Kenwood Land- scape & Nursery Service on Lots 13 and 14, Block 3, Sunset Gables Second Addition was discussed. The Clerk was instructed to inform the Company that Lot 14 is zoned Residential and cannot be used for Commercial purposes unless rezoned. Grading of Taft Street The grading of Taft Street from North Street to Lake Street was discussed with a number of Citizens present, and referred to the_Village Engineer for checking and recommendation. Fire Loss at Water Tank _On motion of Trustee Bolmgren, seconded by ,Trustee Jorvig, the Clerk was authorized to sign the PROOF OF LOSS STATEMENTS in the amount of $100.00, cover- fire loss to 500,000 gallon water tank on February 7, 1949, by unanimous vote of Council Members present-. - • - • Resolution • On motion of Trustee Bolmgren, seconded by Clerk Justad, the following resolution was adopted by unanimous vote of Council Members present: RESOLUTION ACCEPTING RESOLUTION OF THE VILLAGE OF EDINA RELATING TO WATERMAIN EXTENSIONS WHEREAS, the Village Council of the Village of Edina adopted a resolution March 28, 1949, authorizing the Village of St. Louis Park to extend its water mains in the public streets of the Village of Edina lying between 44th Street and the boundary line of the Village of Edina and the Village of St. Louis Park, and including West 44th Street between State Highway No. 169 and the intersection of 44th Street with the said boundary, copy of which resolution is as follows: "RESOLUTION AUTHORIZING THE VILLAGE OF ST. LOUIS_PARK TO EXTEND CERTAIN WATER MAINS INTO THE VILLAGE OF EDINA WHEREAS it appears that on or about September 14, 1936, the Village Council adopted a resolution authorizing the Village of St. Louis Park to extend its water mains in the public streets of the Village of Edina lying north of 44th Street and east of Highway 169, and, WHEREAS the Village of St. Louis Park has expressed its willingness to ex- tend its water mains in said streets upon the conditions herein set forth, there- fore, BE IT RESOLVED by the Village Council of the Village of Edina that said Village of Edina,hereby grants and extends to the Village of St. Louis Park the right and privilege of extending its water mains into, under and along the follow- ing described parts of streets within the Village of Edina and to excavate the said streets to the extent necessary for the purpose of laying and installing said July 18, 1949 119 Resolution for Extending Water Mains into Edina water mains, fire hydrants in connection therewith and for the purpose of making necessary or proper repairs and improvements thereon at any time, to-wit: West 14th Street between State Highway No. 169 on the West and the intersection of West Loth Street with the Northerly boundary of the Village of Edina, being the South line of Section 7, Twp. 28, Range 24. Also that part of the following streets lying between West 44th Street and the boundary line be- tween the Village of Edina and the Village of St. Louis Park being the South line of said Section 7, to-wit: Mackay Avenue, Brooks Avenue, Coolidge Avenue, Browndale Avenue, Glen Place, Dart Avenue, Highway No. 169. BE IT FURTHER RESOLVED that said Village of St. Louis Park may require as a condition to connection with its water mains so constructed in said streets that the adjoining property owners pay in advance a sum equal to the proportionate share of such property owned of the cost of construction of the water main which, would have been assessable against such property had it been situated in the Village of St. Louis Park and also uniform and regularly established connection charges covering the cost of the service connection to the Village of St. Louis Park. BE IT FURTHER RESOLVED that the Village of St. Louis Park shall have the right to discontinue water service to any resident of_the Village of Edina connected to said St. Louis Park mains in the event of failure of said resident of Edina to comply with the uniform rules of the Village of St. Louis Park per- taining to use of its water mains and failure to pay the charges_of said Village for water consumed on said premises. BE IT FURTHER RESOLVED that the said Village 'of St. Louis Park, in consideration ofthe rights and privileges herein granted,_shall, in each and every instance where excavations are made in any of said streets, use the usual precautions in protecting the public and users of said streets and as soon as the work of installing said water system in each particular street and each par- ticular job on each of said streets is completed, shall restore said streets to a good, safe condition of repair, but shall not be obligated to restore the paving or surfacing of said streets. BE IT FURTHER RESOLVED that the rights and privileges herein granted the said Village of St. Louis Park are not exclusive and are granted upon the further condition and consideration that said Village of St. Louis Park in installing, maintaining and operating said pipes, mains, hydrants, and water system shall assume the same liabilities in doing so as it would assume if doing the same work and committing the same acts within its own boundaries, and upon the further consideration that the Village of St. Louis Park, before proceeding with the ex- cavation for and the installation of said water system, shall, by proper resolution duly passed by its Village Council and certified to the Clerk of Edina, agree to save harmless the said Village of Edina from any liability, claim, damages or responsability now or hereafter imposed by law or fixed or established by any legal and lawful means arising from or on account of or connected with the instal- lation and (or maintenance) operation of said watersystem so laid and established upon the parts of said streets above set forth in the Village of Edina pursuant hereto." Therefore, BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the terms and conditions of said resolution be hereby accepted ,and the Village of St. Louis Park further hereby agrees to save harmless the said Village of Edina from any liability, claim, damages, orresponsibility now or hereafter imposed by law or fixed or established by any legal and lawful means arising from or on account of or connected with the installation and (or maintenance and) or oper- ation of water system of the Village of St. Louis Park laid and established upon the parts of said streets set forth in said resolution of the Village Council of the Village of Edina. Resolution On motion of Trustee Bolmgren, seconded by Clerk Justad, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION FOR EXTENSION OF WATER MAINS WHEREAS it is necessary and expedient that Village water mains terminating 120ec July 18, 1949 CD Resolution for Water Main Extensions, Cont'd. at or near the boundary line between the Village of St. Louis Park and the Village of Edina in Browndale Park be extended into the Village of Edina in order to provide proper circulation of water in said mains, and, WHEREAS the Village of Edina has authorized extension of said mains in said streets, therefore, . BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the Village water mains be extended in the following streets of the Village of Edina: West 44th Street between Highway No. 169 and • South boundary of the Village of St. Louis Park; Also that part of 'the.,following streets lying between -44th Street,and the boundary between the Village of St. Louis Park and the Village of Edina: Mackay Avenue - Brooks Avenue Coolidge Avenue Browndale Avenue Glen Place Dart Avenue Highway No. 169. ' BE IT FURTHER RESOLVED that the Village Engineer be directed to prepare plans and specifications_for' said water main extensions. Resolution • - ' On motion of Trustee Bolmgren, seconded by Clerk Justad, •the following resolution was adopted by unanimous vote of.all members of the Council present: RESOLUTION FOR SIDEWALK CONSTRUCTION WHEREAS, the Village Council hasreceiveda petition from John R. Rusch and wife, owners of Lot 28, Block 21, Park Manor, for construction of sidewalk on Dakota Avenue adjacent to said lot' in which petition, notice and hearings • were waived, and- the Village was requested to proceeds with the work ,immediately and it appearing desirable that the same be done by the contractor now having contract for sidewalk construction adjacent to said property, therefore, . BE IT RESOLVED by the Village Council of the Village of St. Louis Park that sidewalk be constructed on Dakota Avenue adjacent to said lot as an-extra to contract with John A. Finstad_& Son at the price per lineal foot specified in said contract. . - Resolution On motion of Trustee Bolmgren, seconded by Clerk Justad, the following resolution was adopted by-unanimous vote of the- Council: . • RESOLUTION CANCELING ASSESSMENTS FOR' MAIN TRUNK SEWER DIST. #1 E WHEREAS, if appears that by resolution of the Village Council adopted October 20,1941, levying assessments for Main Trunk District Sewer #1-E the following lots were inadvertently assessed as full units, whereas said lots 'have • been permanently improved in combination with the adjoining lots by construction thereon of a single residence and it being the policy of the Council to assess such' combined lots as a- single unit, therefore, BE IT RESOLVED by the Village Council of the Village of St. Louis Park that the assessment's heretofore levied against the following described lots in the respective amounts hereirfafter set forth be hereby canceled, and the Treas- urer and Auditor of Hennepin County •be hereby authorized to cancel the same upon Lot 37, Auditor's Subdivision #350, upon their respective records for the follow- ing years: TO BE CANCELED BY COUNTY AUDITOR • 1950 - . 1951 ' - $5.30 $5.15 and, - , July 18, 194911_21 Resolution Canceling Sewer Assessments, Conttd. BE IT FURTHER RESOLVED that installments of such assessments heretofore paid in the respective amounts hereinafter set forth be refunded to the respective property owner and the President and Clerk be hereby authorized to issue warrants in payment of such refunds to the respective property owner, as follows: TO BE REFUNDED ' 1942 1943 , 1944 1945 1946 1947 1948 1949 5.95 6.35 6.20 ,6.05 5.90 5.75 5.60 5.45 Ordinance No. 336 On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following / Ordinance was adopted by unanimous vote of Council Members present: A, ORDINANCE NO. 336 . _ - deemed unsafe, a statement,of the particulars which made the building or structure a, "dangerous building" and an order requiring the same to be __ put in such condition as to comply AN ORDINANCE PROVIDING FOR Section 2 STANDARDS FOR RE- with the terms of this ordinance with- THE VACATION, REMOVAL, RE- RE- PAIR, VACATION OR DEMOLITION in such length of time as is reasonable PAIR, OR DEMOLITION OF ANY The following standards shall be fol-' (f) Report to the Village Council BUILDING DR STRUCTURE WHICH lowed in substance by the BuildingIn-, rpro any noncompliance with the notice IS OR THREATENS TO BE A PUB- 1 provided for in subsections (d) and ,Spector and the Village Council in LIC NUISANCE, DANGEROUS TO ordering repair, vacationordemolition ', (e) he THE HEALTH, MORALS, SAFETY, , I (a) If the "dangerous building" can.' (g) Appear at all hearings conducted OR GENERAL WELFARE, AND FOR reasonably be repaired so that it will . by the Village Council and testify as THE ASSESSMENT OF THE COST no longer constitute a dangerous , tto the_condition of "Dangerous build- OF VACATION, REMOVAL, REPAIR, building under this ordinance, it shall OR DEMOLTION THEREOF AGAINST be ordered repaired (h) Place a notice on all "dangerous SUCH PREMISES, AND TO PRO- (b) If the "dangerous building" is buildings" ldas follows VIDE FOR THE RECOVERY OFg "This building hng has been found to be In such condition as to make it dan- i a dangerous buildingBuilding SUCH-COSTS.IN AN ACTION AT gerous to the health, morals, safety, Ig by the n LAW: - .' or general welfare of its occupants, buitor This notice is to remain d, The Village Connell-of-the Village Ishallp this building until it is repaired, of St Louis.Park db ordain as fol- (cIne any caseed to be vacated a vacated, or demolished in accordance c) (c) any where a "dangerous with the notice which has been given lows building" is 50 per cent damaged or the owner, occupant, Section 1. DANGEROUS BUILDING decayed,or deteriorated from its origin- lessee, wand DEFINED Any Building or structure al value or structure, it shall be de-, allot, r agent of this anbuiinter and which has any or all of the following molished, and in all cases where DJ all other persons, having interest in ,defects shall de deemed a "dangerous "dangerous building" cannot be re-1said bullding as shown by the land boarding" records of the Register of Deeds oY the paired so that it will no longer exist County of Hennepin-,1,t is unlawful to , (a) Those 'whose interior walls or as a dangerous building under theremove this notice until such notice other vertical structural members list, ,terms of this Ordinance, it shall be f is complied with" lean or buckle tosuchan extent that +demolished a plumb line passing ,through the Section 3 DANGEROUS BU,TLDINGSection 5 DUTIES OP+� V I L L A G E center of gr`abity falls outside of. the COUNCILs) UponThe Village CCoupor shall middle third-of its base- —NUISANCES All "dangerous build- (a) receipt of a report of the build- ings" within the terms of Section 1 of BuildingInspector as provided for in (b) Those' which, exclusive of the 'this ordinance are-hereby declared to foundatl0n, show thirty-three (33) per Section 4, subsection f) hereof, the cent or',more,.of damage or deteriora- be public nuisances, and shall be re- Village Clerk shall give written notice paired, vacated, re demolished dase here- to the owner, occupant, mortgagee, tion of the supporting member or I inbefore and hereinafter provided members, or fifty, (50) per cent of Section 4. DUTIES OF BUILDING IN- lessee, agent, and all other persons damagehays br deterioration of the non- ,SPECTOR The Building Inspector showning byn the land int said building e- supporting enclosing or outside walls shall ,, of records Countyof,the Hen- or - covering. linter Deeds of the f(a) Inspect semi-annually, all public nepin, and whose addresses are as- (c) Those which have improperly,dis- buildings, schools, halls, churches, certainable, to appear before the Vil- tributed loads upon the floors ortheaters, hotels, restaurants, tene- lage Council on the date specified in roofs, or in which the same are over- ii menta, commercial manufacturing, or the notice to show cause why the loaded, or, which have insufficient loft buildings for the purpose of deter-( building or structure reported to be strength to be reasonably safe for the rift whether any conditions exist a "dangerous building"purpose used ' ,t{ S which render any such place a "dan- g should not be repaired, vacated, or demolished in ;(d) Those which have been damaged ',d I gerous building" within the terms of accordance with the statement of by fire, wind, or other causes so as to l),I; I Section 1 of.this ordinance particulars set forth in the Building have become dangerous to life, safety, i,fs (b) Inspect any building, wall or Inspector's notice provided for herein morals,_or the general health and wel- 4L structure about which complaints are in Section 4 subsection (e) filed by any person to the effect that fare of the,occupants or the people of ate, (b) Upon receipt of a report that a the Village of St Louis Park `;ti' a building, wall or structure is or may "dangerous building" exists which may (e) Those whlch'have become or are ) be existing in violation of this ordin- endanger public health, the Village so dilapidated, decayed, unsafe,, In- f' 'once Clerk shall forthwith notify the Vil- sanitary or which J so utterly fail to - (c) Inspect any 'building, wall or loge Health Officer who shall there- provide the amenities essential to I structure reported (as hereinafter pro- upon inspect,the premises and report decent living that they- are unfit for vided for) by the Fire or Police De- the result of Sold investigation to the human habitation, or` are likely to partments of the Village as probably1 Village Coudcil. If he Shall determine existing in violation of the terms of tti cause sickness or disease. so as to immediate ac 41ir necessary to protect work injuryto the health, morals, this(ordinance the public heaIjh; he shall issue an safety or general welfare of those oc- (d) Notify in writing by mail the, abatement ordekjas authorized by Sec- cupying or using the-same owner , occupant, lessee, mortgagee,) tion 145 22, Minnesota Statutes An- f (f) Those having light, air, and .agent and all other persons having an notated, or he may issue such order sanitation facilities which are Inde- ,interest in said building as shown by following hearing by the Village Coun- quate to protect the health, morals, the land records `of'the Register of cil and determination by it that a safety, or general welfare of human Deeds of The County of Hennepin, and nuisance exists. and such order may beings who live ori may live therein + I whose addresses can be ascertained,.of be served concurrently with any order (g) Those having inadequate facili- any building found by him to be a made by the Village Council ties for egress In case of fire or panicf"clangerous building" within the sten- (c) Hold a hearing and hear such (h) Those which have parts thereof dards set forth in Section 1 of this testimony and argument as the Build- which are so attached that they may 1 ordinance, that (1) Ahe owner must ing Inspector or the owner, occupant, and injure members of the public or 1, vacate or repair,.or demolish said build- mortgagee, lessee, or any other person property , ing in accordance with the terms of having an Interest in said building (1) Those which because of their con- the notice and this ordinance, (2) the' shall offer relative to 'the "dangerous dition are unsafe, Insanitary,or danger- occupant or lessee must vacate said building" ous to the health, morals, safety or building, or may have it repaired in (d) Make by resolution or ordinance general welfare,of the people of this 'accordance with the notice and re- written findings of fact from the testi- Village (j) Those buildings existing in viola- main in possession, (3) the mortgagee, molly offered pursuant to subsection agent or other person having an in- terestof in said building as shown by in question is a "dangerous building" of the Village relating to the construe- the land records of the Register of within the terms of Section 1 hereof tion of buildings' or the installation Deeds of the County of Hennepin may (e) Issue an order or adopt an ordin- therein or thereon of heating, plumb- at his own risk repair, vacate, or de- . ance based upon findings of fact made ing or electrical equipment, appliances, I molish said,building or have such work pursuant to subsection (d) command- or de,,yices. or act done Provided that any person ' ing the owner, occupant, mortgagee, The terms "building" and "strut- notified'under this subsection, to re- , lessee, agent and all other persons tura" as used herein shall be defined pair, vacate or demolish any building having an interest in said building as as defined in the Zoning Ordinance ,shall be given such reasonable time as shown by the land records of the Re- 1 of the Village of St Louis Park and may be necessary to do, or have done, gaster of Deeds of the County of Hen- ,each shall include under;round strut- L the work or act required by the notice nepin, to repair, vacate, or demolish tures, including walls, cisterns, cess- provided for herein any bulldin found to be a "dan erous 'pools, basements, and foundations, (e) Set forth in the nntl"o prov+'a' } building" within the terms of this whether or not there 1s any structure for in subsection (d) hereof, a dee-' ordinance within such reasonable time or'building thereon criptlon of the building, or" struct,..a i I as the Council shall specify in said order, and providing that any person so notified who is not an owner shall have the privilege of,vacating or re- pairing said "dangerous building" at his own risk to prevent the acquiring by the Village of a lien against the land upon which said "dangerous building" stands, as provided in sub- section,(f),hereof_ ___.___ �. - 122 July 18, 1949 C- Ordinance Ordinance #336, Continued: , f - — --- '- - , "-tl e-i�ihtlilEte replril,'raeation--Or de: (f) If the owner, occupant, wort- molition of such "dangerous building." gagee, or lessee falls to comply with The costs of such emergency repair, the order provided for in subsection vacation or demolition of such "dan- (e) hereof, within the time specified gerous building" shall be collected in therein the Village Council shall cause the same manner provided in Section such building or structure to be re- 5, subsection (1) hereof paired, vacated, or demolished as the Section 8 WHERE OWNER ABSENT facts may warrant, under the standards FROM THE VILLAGE In cases, except hereinbefore provided for in Section 2 emergency cases, where the owner, oc- of this ordinance, or direct the Health , cupant, lessee, or-mortgagee is absent i, Officer to proceed under any abate- from the Village, all notices or,orders ment order he may have issued, and provided'fa rilagrein shall be sent by shall cause the costs of such repair, mail to the er, occupant, wort- ! vacation, or demolition to be charged gages, lessee. dd all other persona hav- ing the land on which the build- t in said building as ing existed as a municipal lien, or shown an/ �' §e cause such costs to be levied as a by�'�ed f thecCounty of Hen- special assessment against the landords of the Re- glater 6�? g nepin' t�t9�f known address of upon which the building stands or did each, and a,pppy of such notice shall stand to the extent authorized by law, be posted ifxr�a conspicuous place on or to be recovered in a suit at law the "dangerous building" to which it against the-owner, provided that in relates Such mailing and posting shall cases where such procedure is desirable be deemed adequate_s�e�vvici3. and any delay thereby caused will not Section 9 ADMINIS IIATIVE L I A- be dangerous to the health, morals, BILITY No officer, agent.,or employe safety, or general welfare of the people of the Village of St LOUIS Park'shall of this Village, the Village Council render himself personally liable for shall direct the Village Attorney to ,any damage that may secure to persons take legal action to abate the nuisance or property as a-result of-any act re- or to force the owner to make all quired or permitted in the discharge necessary repairs or demolish the n of his duties under this ordinance. Any building ,suit brought against any officer, agent (g) If the Village Council shall deter- 'or employe of the Village of St Louis mine that any dwelling or commercial as a result of any act required establishment is a dangerous building or permitted in the discharge of his because there is no toilet therein, and .duties under this ordinance shall be there shall be sewer and watermains in ' defended by the Village Attorney at the street abutting on or adjacent to Village expense until the final deter- the property upon which said building , mtnation of the proceedings therein stands, the Council shall order the Section 10. DIMES OF THE FIRE owner of said property to install a ' DEPARTMENT The Chief of the Fire toilet in said building within such rea- i Department shall make a report in sonable time, as the Council shall - writing to the Building Inspector of specify, and in default thereof the all buildings or structures- which are, Council may provide for installation may be, or are suspected to be "dan- of such toilet and charge the cost gerous buildings" within the terms of against the property as a special this ordinance Such reports must be assessment delivered to the Building Inspector i1 Section 6 VIOLATIONS — PENALTY within 24 hours of the discovery of FOR DISREGARDING NOTICES OR i such buildings by any employe of the ORDERS The owner of any "dangerous ,Fire Department •„ building" and the occupant or lessee , Section 11 DUTIES OF THE POLICE .v in possession thereof who fails to +DEPARTMENT The Chief of the Police I comply with any notice or order to Department shall make a report in vacate, demolish or repair said build- I writing to the Building Inspector of ing in accordance with such notice or i any buildings or structures which are, 1 order given as provided for in this or- 1 may be, or are suspected to be "dan- dinance shall be guilty of a misdeme- ,gerous buildings" within the terms of anor and upon conviction thereof shall this ordinance Such reports must be be fined not exceeding One Hundred delivered to the Building Inspector I Dollars ($100 00) for each offense, and within 24 hours of the discovery of in default of paymer)t of such fine 1 such buildings by any employe of the may be imprisoned not to exceed nine- 1 Police Department ty days I Section 12. SEPARABILITY It is the Any person removing the notice orb- 1 intention of the Village Council that vided for in Section 4, subsection (h) peach separate provision of this or- hereof shall be guilty of a misdemean- ,dinance shall be deemed independent or and upon conviction shall be fined , of all other provisions herein, and it not exceeding One Hundred Dollars is further the intention of the Village , ($100 00) for each offense, or imprison-, Council that if any provision of this ed not to exceed ninety daysordinance be declared invalid, all other Section 7. EMERGENCY CASES In iI provisions thereof shall remain valid , cases where it reasonably appears that and enforceable there is immediate danger to the life , Section 13. This ordinance shall be or safety of any person unless a "dan- in force and be in effect from and gerous building" as defined herein is.$ after its puilieation....1-4T-------_. -- ' immediately repaired, vacated, or de- �, molished, the Building Inspector shall _- report such facts to the Village COun-� cil and the Village Council shall cause Meeting Adjourned The meeting was adjourned by President Erickson at 10:30 P. M. i /41/i_ :. ERICKSON President of the Village Council ATTEST: ✓g � ,, -1--e----1---Zel-- IF OSEPH ' STAR Villa. Clerk I SPECIAL MEETING JULY 25, 1949 A meeting of the Village Council was called to order by President Erickson at 8:05 P. M., with the following-Council Members present at roll call : Trustee Bolmgren Trustee Jorvig Trustee Perkins Clerk Justad President Erickson