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HomeMy WebLinkAbout1950/07/17 - ADMIN - Minutes - City Council - Regular July 13, 1950 48 a Sheldon-Thomas Project, Continued • Al J. Merz, 3971 Wooddale Avenue • Frank J. Merz, " " 'I • Eva H. Sykes, 5021 West 40th.Street • • Ella C. Sykes, " " '1 " - Otto Beyer, 4004 Wooddale Avenue _ - • E. J. Lyons, 4012 Wooddale Avenue • • Mrs. C. A. Ray, 3975 Wooddale Avenue • Phillip Neville - Representing Petitioner Redman • Hyman Edelman - Representing the Parish and property owners • in the district who are members of the Parish • • • p , Mayor ` • ATTEST: - • • JOSEP JUST , Clerk - • • REGULAR MEETING JULY 17, 1950 • A meeting of the Village Council was called to order by Mayor 0. B. Erickson at 8:25 P. M., with the following Council Members present at roll call as follows: • Trustee Bolmgren • Trustee Jorvig Trustee Perkins • Clerk Justad Mayor 0. B. Erickson Verified Claims • III • On motion -of Trustee Bolmgren, seconded by Trustee Jorvig, the following verified claims were approved, and the Mayor and Clerk are hereby authorized to issue warrants covering same, by unanimous vote of Council Members present by roll call as follows: Trustee Bolmgren, yea; Trustee Jorvig, Yea; Trustee Perkins, yea; Clerk Justad, yea; Mayor 0. B. -Erickson, yea: A. Anderson 108.00 Andreen Anderson 63.75 Don Allar 86.40 Vernon Anderson 80.00 John Balich 180.00 Wm. C. Beihoffer 45.90 Nancy Berset 63.75 Earl Bohm 240100 H. J. Bolmgren 60.00 Francis Bradley 51.00 J. W. Brockman 108.00 Ruth Buch 33.75 Dorothy Chase 64.80 B. F. Cihoski 112.05 John Connery 168.80 R. B. Connery 165.00 Ralph Corey 80.00 James E.Dahl 136.50 Elsie Dahlstrom 47.50 Bruce Dale 80.00 Marjorie Dale • 76.00 C. L. Dickinson - 75.00 Al Donahue • 169.20 A. R. Dunkum 14.40 Mary Dunkum 88.00 0. B. Erickson - 80.00 R. Erickson 72.00 Dolores Everson 60.00 E. Ferch 112.00 Irwin Freeland 142.00 H. Freiborg 132.75 Lester Freitag 63.75 T. Gardner 120.00 George Gibson 150.00 George Gibson 51.20 Ed. Gilbert • 150.00 III H. Girard 150.00 Donald Glassing 136.50 Varah Goodrich 72.00 James Gronseth 240.00 Carmelita Haberl 63.75 -Truman Hedwall 142.00 Esther Helmer 25.07 Orlo Hemstock 119.00 Orlo Hemstock 55.00 Carl Iverson 142.00 Steven Iverson 93.75 Alvera Johnson 88.00 Carl A. Johnson - 50.00 Clyde Johnson 136.50 Gloria Johnson • 64.80 • J. 0. Johnson 161.00 K. Johnson • 165.00 L. M. Johnson - 142.00 C. W. Jones 128.00 Earl Jones 172.40 Anna Jorgenson 33.00 Torval Jorvig 60.00 Betty Joubert 61.20 Walter Jungblut 112.00 Joseph Justad 215.00 Mildred Kadlec 38.64 Frederick Kaefer 64.60 Maynard Kays • 143.63 Robert Kays 111.04 Willard Keller 50.00 484 July 17, 1950 = 7:: Verified Claims, Continued .s;.� X Jane King 63.75 Lois Krough 63.75 William Kuross 66.15 Richard Larson 63.75 Vernice Larson 82.50 Roy Lea _ 112.00 C. Lindgren 112.00 Omar Mc Gary 142.00 0. R. Mc Gary 112.00 L. C. Mc Nellis 116.20 Carlisle Madson 140.00 Robert Madson 123.38 Vance Marfell 114.10 Richard Martinson 63.75 Mildred Melbourne 82.50 Walter Menzel 50.00 Carl T. Miller 140.00 Norman Munger 33.75 Andy Nelson 165.00 H. Nelson 169.19 Patricia O'Connor 26.25 E. Omestad 108.00 Dorothy Owens 84.00 Ellida Parchem 107.50 Wm. Pascoe 108.00 Karl Pegors 68.85 III H. W. Perkins 60.00 P. P. Persyk 110.03 Glen Peterson 116.20 Ralph Pherson 83.70 A. L. Pooler 90.00 Marcia Reinsel 66.73 Gertrude Renner 115.90 Patricia Ruedlinger 68.85 Eloise Rude 68.00 W. J. Sahl 112.00 K. P. Scheibe 108.00 Kurt Scheibe 150.00 F. J. Senander 150.00 R. Senander 108.00 Fred Sewall 108.00 Florence Sisted 24.75 Mary Sistad 29.70 Philip W. Smith 270.83 Allen Sorenson 74.25 Clyde Sorenson 136.50 Robert Sorenson 142.00 Chas. Soutter, Jr. 132.00 Robert Standal 136.50 Peter Stienstra 165.00 Gunnar Stromer 171.20 Le Roy Theiss 105.30 Jean Trisko 78.45 Ed. Werner 20.10 J. A. Werner 165.00 Dan Whalen 142.00 C. M. Williams 165.00 J. S. Williams 115.00 W. Williams 108.00 Martha L. Wylie 94.00 George Vita 114.10 Ira M. Vraalstad 165.00 Burt Zila 178.64 American Linen Company 5.52 Am. Public Works Assn. 10.00 Brooks Service Station 1.50 John R. Coan, Postmaster 75.00 R. B. Connery 30.52 Crown Rubber Stamp Co. 3.03 0. B. Erickson42.55 Fowler Electric Company 25.00III Game Time, Inc. 74.74 Goodwin Joss Laboratories 8.00 Miller Davis Company 11.25 Miller Davis Company 5.60 Miller Davis Company 7.25 . Minikanda Hardware 1.89 H. A. Rogers Company 71.44 Minikanda Hardware 3.96 H. A. Rogers Company 23.40 Steward Chemical Company 15.00 Ira M. Vraalstad 1.60 . Bids for Sanitary Sewer 2-I . . Pursuant to advertisement in St. Louis.Park Dispatch and Construction Bglletin, sealed bids were received from the following bidders for the construction of extensions of lateral sewers from said St. Louis Park sewer district into that portion of the Village of Edina lying north of 44th Street and east of State Highway No. 100 ----- . 1. Bonander & Company $238,640.25 2. Orfei & Mariani . , 219,808.50 . 3. Lametti and Lametti 199,769.95 Om motion of Trustee Perkins, seconded,by Trustee Bolmgren, the above bids were referred to the Village Engineer and Chairman of the Sewer Department Com- mittee for tabulation and recommendation, by ,unanimous vote of the Council - showing price per L. F. . Bids for Grading III Pursuant to advertisement in St. Louis .Park, sealed bids were received from the following bidders for grading of certain streets and alleys in the Village known as grading projects numbered P-63 to P-93, both inclusive 1. Pfeiffer Construction Co. $14,882.90 2. Terry Brothers ..NC ,. 13,636.25 3. Park Construction Company 14,883.25 On motion of Trustee Bolmgren, seconded by Trustee Perkins, the above bids were referred to the Village Engineer for checking, tabulation and recommendation, with estimated price per front foot. Motion was passed by unanimous vote of the Council. . July 17, 1950 485 Contract Awarded for Sanitary Sewer 2-P On motion of Trustee Perkins, seconded by Trustee Bolmgren, the bid of Phelps-Drake Company, Incorporated, received July 10, 1950, for the construction of Sanitary Sewers at various locations in St. Louis Park known as Sanitary *Sewer Project No. 2-P, in the amount of $165,456.00, was deemed to be the lowest bid of a responsible bidder, and the Mayor and Clerk were authorized to enter into a contract with Phelps-Drake Company for the work at price bid, by unanimous vote of the Council. Contract Awarded far Sanitary Sewer No. 2-H On motion of Trustee Perkins, seconded by Trustee Bolmgren, the bid of Phelps-Drake Company, Incorporated, received July 3, 1950, for the construction of Sanitary Sewer 2-H, in the amount of $121,483.00, was deemed to be the lowest bid of a responsible bidder, and the Mayor and Clerk'were authorized to enter into a contract for the Village with Phelps-Drake Company for the work at price bid, by unanimous vote of the Council. Commercial Electric Service for Fireman' s Building On motion of Trustee Jorvig, seconded by Trustee Perkins, the Clerk was instructed to sign APPLICATION FOR CObRCIAL ELECTRIC SERVICE to serve the Fire- man's building just east of the Fire Station, by unanimous vote of the Council. Preliminary Plat of Oak_Park Addition A preliminary plat of Oak Park Addition of 10 lots approximately 821 x 901, located on the west side of the Belt Line, just south of Lake Street, was presented by M. Richter for Iverson's, Incorporated. On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the proposed plat of Oak Park was referred to the Planning Commission for checking and recom- mendation, by unanimous vote of the Council. • Permission to Place Poles - NSP Co. On motion of Clerk Justad, seconded by Trustee Bolmgren, the Northern States Power Company was granted permission to place poles at the following lo- cations, by unanimous vote of the Council: 111 One (1) pole on Jersey Avenue and West 28th Street One pole on Jersey Avenue and West 29th Street. Heating License Approved On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the following application for 1950 license wqs approved, and the Mayor and Clerk are hereby authorized to issue license to expire December 31, 1950, by unanimous vote of the Council ----- Bryant Gas Heating Company Heating. Sheldon-Thomas Building Project On motion of Trustee Bolmgren, seconded by Trustee Perkins, Sheldon-Thomas Company was granted a permit pursuant to Section 20.4-3 and 20.4-8 of the Zoning Ordinance of the Village of St. Louis Park: 1. To construct extension of a commercial building within the northwesterly fourteen (14) feet of. all that part of the Northwest Quarter (NW4) of Section Seven (7), Township One Hundred Twenty-eight (128), Range Twenty-four (24), des- cribed as follows: _ Commencing at the intersection of Wooddale Avenue and the Northwesterly line of Block One (1), Brookview Addition; thence northwesterly along the easterly line of Woodriale Avenue to the point of intersection of said east line with a line drawn parallel with and one hundred feet (1001 ) measured northwesterly at right angles from the northwesterly line of Block 1, Brookview Addition; thence northeasterly along said line parallel with and one hundred feet (1001 ) distant from the said northwesterly line of said Block 1, a distance of five hundred eighty-two (5821) feet; thence southeasterly parallel with the easterly line of Wooddale Avenue to the northwesterly line of said Block 1 to the point of beninning. . 2. To use said building for retail stores and offices in connection with store and office buildings to be erected on premises immediately adjacent and northerly to the above described land. 3. To use all of the above described premises not occupied by Sheldon-Thomas said store and office building and lying northwesterly of a line drawn fifty feet 486 JULY 17, 1950 Sheldon Thomas Building Project, Cont'd. (501 ) northwesterly of and parallel to the said northwesterly line of Block >44 1, Brookview Addition for commercial driveway purposes in connection with the said retail store and office buildings and to extend said commercial driveway for turn-around purposes a distance of not more than twenty feet (201 ) into that portion of said premises, lying southeasterly of said line drawn fifty ft. (50' ) northwesterly of and parallel to the said north line of Block 1, provided that said turn-around shall be situated not less than seventy feet (70' ) nor more than one hundred thirty feet (130' ) from the east boundary of Wooddale Avenue, and no portion thereof shall be situated closer to the north boundary of said Block 1, Brookview Addition than thirty feet (30' ). The above permits are granted on the condition that the said Shedon- Thomas Company shall execute an undertaking in writing in proper form for recording in the office of the Register of Deeds of Hennepin County, Minnesota, wherein the said Sheldon-Thomas Company shall agree in consideration of the granting of said permits as follows: a. To erect and maintain in good condition a heavy gauge wire or picket metal fence six feet (6' ) in height extending fifty feet (50') northwesterly from and parallel to the northwesterly line of said Block 1, Brookview and along . the southwesterly boundary of the above described property adjacent to Wooddale Avenue; there will be no gates or openings permitting traffic access in said fence excepting a single gate not exceeding three feet in width for pedestrian traffic to and from Wooddale Avenue and excepting such other gates or openings as may be required to comply with fire ordinances or orders from properly constituted governmental authorities having jurisdiction thereof. The said fence will deviate from said fifty foot line at the point of turn-around above described, and will follow the southerly boundary of the turn around but it shall _ not be situated closer than thirty feet (301) to the said north line of Block 1, Brookview Addition, and shall not .extend south of said fifty foot line except- ing between the turn-around area above specified lying not closer than seventy feet (70') nor more than one hundred thirty, feet (130') east of Wooddale Avenue. b. To plant not later than June 1, 1951, such number of hardy shrubs and trees as shall be necessary to effectively screen the rear of said commercial and office buildings from the residential property lying to the south of said • premises in said Block 1, Brookview Addition; said shrubs and trees shall be planted within the southeasterly fifty feet (50') of the above described premises and of such maximum size and height that there shall be brought about an effect- ive screen with the growth thereof within two years after planting. The plant- ing plan for such shrubs and trees shall be submitted to the Village Council for its approval within thirty days prior to planting time and the plans shall be subject to such reasonable modifications and directions as the Council shall deem necessary in order to accomplish effective screening between the residential and commercial properties; the licensee will maintain such shrubs and trees in a neat and presentable condition and will replace from time to time such shrubs and trees as may die or otherwise be destroyed in order to maintain the screen above referred to. Such portions of the southeasterly fifty feet (50' ) of the above described premises not planted with trees or shrubs or not used for the driveway turn-around above described will be sodded or seeded with grass and will be maintained in a neat condition. c. To keep the rear of said commercial and office buildings within the above described premises in a neat and clean condition at all times and to keep the same free and clear of trash and refuse at all times. d. No application, petition or request to the Village of St. Louis Park for rezoning of the above described premises from residential use to any other use district shall be made by the licensee or its successors or assigns within a period of twenty (20) years from the date hereof unless such request, petition or application shall be joined into by the majority of owners of the property situated adjacent to the above described premises and in Block 1, Brookview. e. This agreement shall be considered a covenant running with the land above described and binding upon the successors and assigns of the licensee, Sheldon-Thomas Company for a period of twenty (20) years subject to termination, however, if the said premises shall be lawfully rezoned from residential use to commercial use or a less restricted use. 3. In the event that the Village Council, or the governing body of any municipality succeeding and having jurisdiction over the territory including the above described premises, shall determine after public hearing on thirty days' notice in writing to the licensee, its successors or assigns, that any of the foregoing covenants or agreements of the permit have not been complied_ with, July 17, 1950 487 Sheldon-Thomas Building Project, Cont'd. the said Village Council, or other governing body, will be entitled to secure from any court of competent jurisdiction a mandatory injunction compelling performance by the licensee, its successors or assigns, of the said covenants and agreements, or in its discretion, the Village or successor municipality may enter upon said premises at any reasonable time and erect, repair or replace any fence, shrubs or trees thereon and recover the cost thereof in an action against the licensee, its successors or assigns, or may levy an assessment against the said premises in a sum equal to said cost payable concurrently with taxes levied in that year. Hearings - Proposed Street Improvements Separate hearings were had on each of the street improvements numbered P-146 to P-218 inclusive, described in the following resolution. The following persons appeared ----- A petition was presented in opposition to project 155. A petition was presented in opposition to Project 184 to walk in front of-Lots 1, 2, 3, 11, 12, and South 35 ft. of Lots 14, 15, 16. Mrs. Gerold and others appeared and asked for a two-foot boulevard and 48 inch walk on Project 185. A petition was presented in opposition to Project 195, in front of Lots 12, 16, 18, 20, 21. Resolution • On motion of Trustee Perkins, seconded by Trustee Bolmgren, the following resolution was adopted by unanimous roll call vote of all members of the Council present as follows: Mayor Erickson, yea; Clerk Justad, yea; Trustee Perkins, yea; Trustee Jorvig, yea; Trustee Bolmgren, yea: RESOLUTION ORDERING STREET IMPROVEMENTS WHEREAS, pursuant to authorized notice to all interested persons published June 28 and July 5, 1950, in the St. Louis Park Dispatch, the Village Council has met at the time and place specified in said notice and conducted public hear- ings on each of the following proposed street improvements numbered P-146 to P-218, both inclusive, and it appearing to be in the public interest that said improvements be undertaken, therefore BE IT RESOLVED by the Village Council of the Village of St. Louis Park: 1. That the following curb and gutter improvements be hereby ordered in accordance with plans and specifications which have been prepared by the Village Engineer and on file in the office of the Village Clerk and are hereby approved: CURB AND GUTTER CONSTRUCTION IMPROVEMENT NUMBER LOCATION P-146 Both sides of 39th Street from Webster Avenue to Xenwood Avenue P-147 Both sides of Kentucky Avenue from 26th Street to 27th Street P-148 Both sides of Kipling Avenue from 2,5th Street to 26th Street P-149 North side of Minnetonka Blvd. from Georgia Ave. to Hampshire P-150 Both sides of Joppa Avenue from 25th Street to 26th Street P-151 • East side of Ottawa Avenue adjacent to Lots 18 and 19, Hillcrest P-152_. Both sides of Hampshire Avenue from Minnetonka Boulevard to 29th St. • P-153 East side Lynn Avenue adjacent to South 401 of Lot 9 and North • • 301 of Lot 10, Block 1, Minikanda Terrace Second P--154 East side of Idaho Avenue from 27th Street to 28th Street P-155 West side of Dakota Avenue from 27th Street to 28th Street P-156 West side of Webster Avenue adjacent to Lots 4 through 13, Blk. 1, Am. Sec. Inv. Second Addition P-157 East side of Idaho Avenue from 26th Street to 27th Street P-158 West side of Idaho Avenue from 27th Street to 28th Street P-159 West side of Jersey Avenue from 31st Street to 32nd Street. P-160 East side of Kentucky Avenue from 27th Street to 28th Street P-161 West side of Kentucky Avenue from 27th Street to 28th Street P-162 East side of Webster Avenue adjacent to Lots 26 and 27 and the North 301 of Lot 25, Block k, Birchwoods Addition P-163 (146) Both sides of 39th Street from Webster Avenue to Xenwood Avenue P-164 South side of 24th Street from France Avenue to East Village Boundary P-165 Both Sides of Basswood Road and 25th Street and North sideof 26th Street from France Avenue to East Village Boundary _ P-166 - East side of France Avenue from 24th Street to 26th Street P-217-A East side of Jersey Avenue from 27th Street to 28th Street 2. That the following street and alley grading projects be done in accordance 488 July 17, 1950 Resolution Ordering Street Improvements, Cont'd. �aD with plans and specifications prepared by the Village Engineer and are on file in the office of the Village Clerk and are hereby approved: STREET AND ALLEY GRADING IMPROVEMENT NUMBER LOCATION P-167 Alley in Block 8, Parkview —P-168 Alley in Block 7, Parkview -P-169 Monterey Avenue from 27th Street to N. line of Barretts Addn. —P-170 Princeton Avenue from Cedar Lake Road to Douglas _-P-171 Yosemite Avenue frpm,Goodrich Avenue to C?mbridge Street —P-172 Alley in Block 1, Birchwoods -P-173 North Street from Pennsylvania Avenue to Rhode Island Ave. P-174 Zarthan Avenue from Cedar Lake Road to Wayzata Boulevard —P-175 Alabama Avenue from 29th Street to 28th Street P-176 28th Street from Alabama Avenue to Alley in Block 15 Park Manor X177 28th Street from Alabama Avenue to Alley in Block 16 Park Manor P-178 26th Street from Kentucky Avenue to Dakota Avenue ---P-179 Alley in Block 313, Rearrangement of St. Louis Park P-180 Sumter Avenue from 34th Street to 35th Street - -P-181 East and West Alley in Block 177, Rearrangement of St. Louis Park �P-183 Jersey Avenue from Lake Street to E and W Alley, Blocks 177, 178, Rearrangement of St. Louis Park P-182 East and West Alley in Block 178, Rearrangement of St. Louis Park P-218 Quentin Avenue from 26th Street to 27th Street. 3. That the following sidewalk construction be ordered in accordance with standard plans and specifications for sidewalk construction filed in the office of the Village Clerk, said walks to be five feet in width (except P-185 which shall be four feet (41), and of concrete construction. IMPROVEMENT NUMBER LOCATION P-184 Vilest side of Salem Avenue from 42nd Street to Morningside Road P-185 West side of Dakota Avenue from 28th Street to 29th Street ' Ill p-186 North side of Minnetonka Boulevard from Georgia Avenue to Hampshire Avenue P-187 East side of Ottawa Avenue adjacent to North 57 of Lot 19, Hillcrest P-188 West side of Jersey Avenue from 28th Street to 29th Street P-189 East side of Webster Avenue adjacent to Lots 25, 26, and 27, Block 1, Birchwoods P-190 West side of Webster Avenue adjacent to Lots 4, 5, and 6, Block 1, American Security Investment Co's 2nd Addition P-191 East side of Idaho Avenue from 26th Street to 27th Street P-192 East side of Kentucky Avenue from 27th Street to 28th Street P-193 West side of Kentucky Avenue from 27th Street to 28th Street P-194 ' East side of Vernon Avenue adjacent to Lots 24 thru 31, Block 3, American Security Investment Co's. Oak Terrace P-195 East side of Colorado Avenue from 31st Street to 32nd Street P-196 South side of Lake Street adjacent to Lots 13 through 21, except the Swly 10', Block 144, Rearr. of St. Louis Park. 4. That the following streets and alleys be improved .by tar surfacing. The projects estimated by the Village Engineer to cost less than 31,000 to be done by the Street Commissioner under the direction of the Village Engineer, and the ' projects the cost of which is estimated by the Village Engineer to exceed $1,000 to be let to the lowest responsible bidder after public advertisement for bids in accordance with specifications to be approved by the Village Council: IMPROVEMENT NUMBER LOCATION P-197 Texas Avenue from middle of 3300 Block to Walker Street P-198 Alley in Block 2, Birchwoods P-199 West 35th Street from Wooddale Avenue to Dakota Avenue P-200 Colorado Avenue from 27th Street to 28th Street P-201 Kentucky Avenue from 14th Street to Wayzata Boulevard P-202 Kentucky Avenue from 14th Street to 18th Street P-203 Kentucky Avenue from 27th Street to 28th Street P-204 Brunswick Avenue from Minnetonka Boulevard to 29th Street P-205 East and West Alley, Block 177, Rearrangement of St. Louis Park July 17, 1950 '48 ), Resolution Ordering Street Improvements, Cont'd. Streets and Alleys - Tar Surfacing IMPROVEMENT NUMBER LOCATION P-206 East and West alley in Block 178, Rearr. of St. Louis Park P-207 Jersey Avenue from Lake Street to N. line of East and -West Alley in Blocks 177 and 178, Rearr. of St. Louis Park 5. That the following sanitary sewer extensions be done by contract let to the lowest responsible bidder after public advertisement for bids in accordance with plans and specifications which have been prepared by the Village Engineer and which are hereby approved, said bids to be opened by the Village Council August 14, 1950: IMPROVEMENT ' NUMBER LOCATION P-208 Oxford Street from Colorado Avenue to Zarthan Avenue P-209 Zarthan Avenue from 39th Street to Excelsior Boulevard P210 37th Street from Alabama Avenue to Brunswick Avenue P-211 Cambridge Avenue from Alabama Avenue to Wooddale Avenue P-212 Rear Lot lines, Block 5, Basswood P-213 Rear Lot lines, Block 4, Basswood P-214 Rear Lot lines, Block 3, Basswood - P-215 Across France Avenue from Block 3, Basswood to serve Lot 11, Block 2,- and Lots 1 and 12, Block 1, Basswood P-216 Florida Avenue from Minnetonka Boulevard to 29th Street. That action on improvements numbered P-155, P-184 and P-195 be deferred until further order of the Council. Commercial Building - S. Fisher On motion of Trustee Bolmgren, seconded by Trustee Perkins, the Building Inspector was instructed to issue a building permit to S. Fisher for the erection of a commercial building on the East 50 feet of Lots 30 to 34 inclusive, Block 324, Rearrangement of St. Louis Park, with a 20 ft. setback on Minnetonka Blvd., store front with face brick returned neatly on the east corner and stucco on common wall facing on the east side, as recommended by the Planning Commission in their report dated July 13, 1950. Motion was passed by unanimous vote of the Council. Deposit for Sidewalk -Conrad N. Ostrom _ On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the Treasurer of the Village was authorized to accept as a deposit from Conrad N. Ostrom, builder of home at 2737 Idaho Avenue (Lot 21, Block 9, The Bronx), in the amount of $80.00 as per Village Engineer's estimate, to be used to_pay assessment for side- walk when same is installed at some future date, and further that the Clerk was instructed to write F. H. A., informing them that the above mentioned monies was on deposit for said purpose. Motion was passed by unanimous vote of the Council. New Signal Lights - M. N. & S. Ry. Crossing • The Clerk reported to the Council that new signal lights were put into _ operation on the Minneapolis, Northfield and Southern Railroad crossing at Alabama Avenue, Saturday, July 8, 1950. On motion of Trustee Bolmgren, seconded by Trustee Perkins, the Clerk was instructed to write a letter of appreciation to the Minneapolis, Northfield and Southern Railroad Company for this installation, and for their efforts in the interest of safety in St. Louis Park. Motion was passed by unanimous vote of the Council. lir Report on Village Water Supply A report from the Minnesota Department of Health, dated July 12, 1950 covering an examination of plans on water main extensions for the Village was read and ordered filed. Petition On motion of Trustee Perkins, seconded by Trustee Bolmgren, the following petition was referred to the Village Engineer and Chairman of the Street Depart- ment Committee for checking and recommendation, by unanimous vote of the Council. P-622 PETITION FOR GRADING AND OPENING AT,T,F,Y, signed by Mrs. N. E. Peterson, 2804 Alabama Avenue and others, dated July 15, 1950, in Block 15, Park Manor. 490 July 17, 1950 2 3 Donnybrook Grading Approved , Ts On motion of Trustee Perkins, seconded by Trustee Bolmgren, the Villages Clerk was instructed to return to Arvid E. Carlson & Son, Inc. certified check No. 18834, dated July 13, 1950, in the amount of $5,000.00 left in lieu of performance bond for the grading and graveling of streets in Donnybrook Addition (first)., as the approval of streets has been received from the Village Engineer. Motion was passed by unanimous vote of the Council. Street Light Ordered On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the Northern States Power Company was instructed to install a street light (2500) at the corner of Oxford Street and Zarthan Avenue, by unanimous vote of the Council. Letter Re: Sanitary Sewer for Blocks 3, 4, 5, Basswood On motion of Trustee Perkins, seconded by Trustee Jorvig, the letter from A. C. Godward, Consulting Engineer for Northern Development Company, owners of Basswood Addition, dated July 17, 1950, requesting sanitary sewer for blks. 3, 4, and 5, Basswood Addition, was referred to the Village Engineer for check- ing and recommendation, by unanimous vote of the Council. Letter Re: Commercial Development, Lot A, Block 3, Brooklawns A letter received from A. C. Godward, Consulting Engineer for Douglass Rees Associates, owners of Lot A of Block 3, Brooklawns, dated July 17, 1950, requesting permission to commercially develop said lot, was read and referred to the Planning Commission. Virginia Gardens - Re: Setbacks on 35th St. A discussion was had regarding setback on 35th Street in the proposed Virginia Gardens Plat. On motion of Trustee Perkins, seconded by Trustee Bolmgren, the preliminary plat of Virginia Gardens was returned to the Planning Commission for further study and recommendation, by unanimous vote of the Council. Light Tar Mat - Towles Mtka. Blvd. Addn. On motion of Trustee Perkins, seconded by Trustee Jorvig, the Village _ Engineer was instructed to lay a binder and light mat on the following streets: Cavell Avenue Decatur Avenue Ensign Avenue West 31st Street in Towles Minnetonka Boulevard Addition as soon as possible, at no cost to the property owners. Motion was passed by unanimous vote of the Council. Advertise for Bids for Fireman!s Equipment On motion of Trustee Jorvig, seconded by Trustee Perkins, the Clerk was instructed to advertise for bids for the following Fireman's Equipment; bids to be opened August 21, 1950. 1,500 ft. 22" double jacket standard fire hose in 50 ft. lengths, 400 lb. test; 500 ft. 12° double jacket standard -fire hose in 50 ft. lengths, 400 lb. test; 6 Firemens rain coats (rubber) Janesville or equal; 6 Firemens helmets with long rear brim and shield in front for number; and 3 pairs rubber boots. Motion was passed by unanimous vote of the Council. Authority to Execute Agreement Recinded - Harlyn Rohr On motion of Trustee Perkins, seconded by Trustee Bolmgren, the authority to execute the proposed agreement with Harlyn Rohr was recinded, for the grad- ing of Texas Avenue and adjacent property nbrth of Minnetonka Boulevard, by unani- mous vote of the Council. Easements for Water Mains On motion of Trustee Bolmgren, seconded by Trustee Perkins, the Village Attorney was instructed to secure the necessary easements on the West border of the Village in order to connect Excelsior Boulevard water main to Texas Avenue and 34th Street 12u main. Motion was passed by unanimous vote of the Council. Resolution On motion of Trustee Perkins, seconded by Trustee Bolmgren, the following resolution was adopted by unanimous vote of all members of the Council present: July 17, 1950 491 Resolution, Continued RESOLUTION ADOPTING ASSESSMENTS FOR WATER MAIN EXTENSIONS WHEREAS, pursuant to notice published in the St. Louis Park Dispatch June 21 and 28, 1950, the Village Council has met and has heard and passed upon all objections to the proposed assessment for water main project extensions at the following locations: Jersey Avenue from 26 Street to 27th Street Kentucky Avenue from 26th Street to 27th Street Hampshire Avenue from 26th Street to 27th Street 26th Street from Kentucky Avenue to Hampshire Avenue Colorado Avenue from 33rd Street to M. N. & S. Ry. France Avenue from 38th Street to 39th Street Alabama Avenue from 28th Street to 29th Street Joppa Avenue from 26th Street to North line of Block • 9, Basswood Addition therefore, BE IT RESOLVED by the Village Council of the Village of St. Louis Park: 1. Such proposed assessment is hereby accepted and there is hereby levied and assessed against each and every tract and parcel of land described in said proposed assessment a special assessment equal to the amounts therein respectively set forth. 2. Such 'assessment shall be payable in equal annual installments extend- ing over a period of 10 years, the first of which installments to be payable on or before the first Monday in January, 1951. Any deferred installments shall bear interest at the rate of 5% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the resolution levying the assessment until August 15, 1951. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 111 Ordinance No. 369 On motion of Trustee Perkins, seconded by Trustee Jorvig, the following ordinance was adopted by unanimous vote of the Council: ORDINANCE NO. 369 AN ORDINANCE AMENDING ORDINANCE NO. 145 RELATING TO LICENSE FEES AND REGULATION OF DUMPING AND LEAVING OF REFUSE ON PUBLIC OR PRIVATE LANDS _ The Village Council of the Village of St. Louis Park ordains: Section 1. That portion of Section 4 of Ordinance No. 145 of the Village of St. Louis park entitled, AN ORDINANCE RELATING TO DUMPING AND LEAVING OF REFUSE ON PUBLIC OR PRIVATE LANDS, adopted January 8, 1940, is hereby amended by deleting the lidense fee prescribed therein in the sum of $15.00 and substituting in lieu thereof a license fee in the sum of $100.00 per annum, said license fee of $100.00 to become effective as to any license period commencing on and after publication of this ordinance. Section 2. Said ordinance is further amended by adding thereto an additional section as follows: "Section 8. The Village Council may, as a condition to the granting or to the continuance at any time of any permit for the operation of a public dump, require that the Inspector appointed by the Village Council, whose salary in a reasonable amount shall be paid by the Licensee, shall be permitted to inspect and be present on the premises at all reasonable times for the purpose of enforcing the provisions of this ordinance, and the Council may require, as a further condition to the granting or continuance of such a permit at any time, that the licensee shall cause rats and other rodents which may be present upon the premises constituting the public dump and any adjacent lands under the control of the licensee, to be exterminated by such methods as the Village Council may approve. If the Village Council shall determine that rats are present in any public 'dump, the license issued for such dump may be canceled by order of the Village Council, and it shall be 492 July 17, 1950 Ordinance No. 369, Continued a condition to all licenses granted and to the continuance of any license heretofore or hereafter granted, that the Village shall have the right through its agents, officers or employees to enter upon said premises at all times for the purpose of inspection thereof and for the purpose of exterminating rats and other rodents, and termination or cancellation of any license shall not effect the rights so reserved by the Village." Section 3. This ordinance shall take effect from and after its publication. Resolution On motion of Trustee Bolmgren, seconded by Trustee Perkins, the following resolution was adopted by unanimous vote of the Council: RESOLUTION Establishing certain rules and instructions for the use of voting machines in the Village of St. Louis Park, Minnesota, as required by Section 209.02, Minnesota Statutes for 1945. BE IT RESOLVED by the Village Council of the Village of St. Louis Park as follows: Section 1: That the Village Council does hereby adopt the following rules in connection with the use of voting machines in the Village of St. Louis Park, Minnesota: a. POSTING SAMPLE BALLOTS IN POLLING PLACE The precinct election officials shall post at least two, and as many more as convenient, SAMPLE BALLOTS within the polling place, on the walls of the polling place, and shall also post SAMPLE BALLOTS in the hallways and approaches to the polling place, for the purpose of enabling the voters to study such sample ballots before proceeding to vote, so as to familiarize themselves with the offices, candidates and parties, if any, as well as such referendum questions as may appear on the ballot. b. INSPECTING THE BALLOT LABELS The precinct election officials shall compare the ballot labels of each voting machine with the return sheets or statements of canvass furnished, to make certain that the names of the political parties, and the referendum Questions all appear on the voting machines in their proper order, in exactly the same manner as on the return sheets or statements or canvass furnished. In case any discrepancy is found, such machine or machines shall be not used until the Village Clerk has notified, and he has corrected it. c. EXAMINING THE OPERATING LEVER SEAL The precinct election officials shall examine the metal seal with which the voting machine is sealed against operation to see that it is sealed and shows no evidence of tampering, and they shall also compare the number on the seal with the 'number of such seal as shown on the evelope containing the keys for the voting machine, as furnished to them by the Village Clerk. In case any discrepancy is found, such machine or machines shall not be used until the Village 'Clerk has been notified and has examined such machine and has satisfied such election officials that such machine is in proper order and ready for use. The number of such seal on each such voting machine, shall be recorded on the certificate furnished for that purpose. d. EXAMINING THE PROTECTIVE COUNTER The precinct election officials shall examine the protective counter on each voting machine, and shall compare the number shown therein with the number shown for such protective counter on the envelope containing the keys for such voting machine, as furnished to them by the Village Clerk. In case any discrepancy is found, such machine or machines shall not be used until the Village Clerk has been notified and has examined such machine and has satisfied such election officials that such machine is in proper order and ready for use. The number of such protective counter on each such voting machine shall be recorded on the certificate furnished for that purpose. e. INSPECTING THE REGISTERING COUNTERS The precinct election officials shall jointly examine each and July 17, 1950 493 Resolution Re: Voting Machines, Continued e. Inspecting the Registering Counters ---- every registering counter and the public counter in each voting machine and shall see that each such registering and public counter is set at ZERO (000) . In case any discrepancy is found, such machine or machines shall not be used until fhe Village Clerk has been notified and has corrected such discrepancy and has reset such reg- istering or public counter to SERO (000) and has satisfied the election officials that it has been done. The precinct election officials shall sign a certificate furnished for that purpose, certi- fying that it has been done. 111 f. INSTRUCTING THE VOTERS ON INSTRUCTION MODELS Each voting machine is equipped with a mechanical instruction model which is replica of a portion of the face of the voting machine and operated mechanically in the same manner as the voting machine. Such instruction models shall be placed upon a table in the polling place and at least one election judge shall remain in attendance at such instruction models at all times during the voting and shall request each voter to receive instruction thereon and shall instruct each voter who is willing to receive such instruction. The election judge shall first operate the instruction model himself in the presence of the voter, and shall then permit the voter to operate it himself. Voters may also be instructed by use of the sample ballots furnished. g. TIME OF ARRIVAL OF ELECTION JUDGES AT POLLING PLACE All election judges shall meet at their polling place at least one hour before the time for opening the polls, so as to allow ample time for thorough inspection of the voting machines and getting everything in readiness for the conduct of the election. h. LEAVING DUTIES FOR MEALS DURING ELECTION A majority of the election board shall always be in attendance at the polling place. Election judges shall arrange noonday absence for meals accordingly. All election judges shall remain in attendance at the polling place from 3 P. M. until the final canvass is completed and shall •not absent themselves for meals during such period. • - i. INSTRUCTING VOTERS AFTER CURTAINS HAVE BEEN CLOSED If any voter, after entering the voting machine booth, shall ask for additional instruction in operation of the voting machine, such instruction shall be given him by two judges belonging •to opposite political parties, if such there be. After giving such instruction, such judges shall retire from the voting machine booth and such voter shall thereafter proceed to vote alone and in secrecy. j . AIDING VOTERS IN VOTING When a voter states under oath that he cannot read the English language, or that he is physically unable to operate the voting machine, he may call to his aid one or more of the election judges, who shall then prepare his ballot, on the voting machine as he may desire, and in as secret a manner as the circumstances permit. When the voter also states that he cannot speak the English language or understand it when spoken, the judges may select two persons from different political parties to act as interpreters, who shall take an oath similar to that taken by the judges, and then assist such person in voting. When the voter shall perfer, he may call to his aid any voter residing in the same election district, who, unaccompanied by a judge, may retire with him to the voting machine booth and prepare such voter's ballot -on such voting machine for him; but no such person shall prepare the ballot of more than three such voters at any election. Before registering his vote, such voter shall show his ballot as prepared for recording, privately to a judge to ascertain that it is prepared as directed; but a physically disabled voter, who is able to determine for himself, need not show his ballot as prepared for recording. No judge or other persons so assisting a voter shall in any manner request, persuade, or induce, or attempt to persuade such voter to vote for any particular political party or candidate, but shall prepare the ballot as requested, and shall not reveal to any other person the name of any candidate for whom 494 July 17, 1950 n� Resolution Re: Voting Machines, Continued j. Aiding Voters in Voting the voter has voted, or anything that took place while so assisting him. k. TIME ALLOWED EACH VOTER IN MACHINE The judges shall admit but one voter to the voting machine at one time and only after it has be ascertained that he is entitled to vote. The voting on the voting machine shall be secret except as provided by law for voters needing assistance. No voter shall remain within the voting machine booth longer than three minutes, and if he shall refuse to leave it after the lapse of three minutes, he shall be reomved by the judges. 1. RETRACTING A WRITE-IN VOTE Whenever a voter has cast a ballot on the irregular ballot device generally referred to as the "write-in device or write-in slides," and desires thereafter to change his mind and instead, to vote for a candidate whose name appears on the ballot, he shall be instructed to return all voting pointers to the unvoted position and cross out or erase any votes recorded on the irregular ballot device, and the election judges shall witness that this has been done. Such election judges shall then cause the voting machine to be returned to the original, unvoted position and shall then permit the voter to begin from the beginning once more. Such operation of the voting machine as in this case mentioned, shall be designated as a spoiled voting machine ballot, and the election judges present shall make out and sign a certificate stating the facts for each such case, which shall be returned to the Village Clerk with the official returns of the election. m. SEALING MACHINE AGAINST VOTING--CLOSE OF POLLS As soon as the polls of the election are closed, the election judges shall immediately turn down Lock No. 2, thus locking the voting machine against further voting, and they shall then seal each voting machine against voting by inserting the numbered metal seal furnished for that purpose into the slots on the voting machine provided for that purpose. The election judges shall then record the number of each such seal for each such voting machine, by number, on the certificate furnished for that purpose. n. RECORDING NUMBER ON PUBLIC COUNTER The election judges shall then record on the statement of canvass the number shown on the Public Counter on each voting machine. o. RECORDING NUMBER ON PROTECTIVE COUNTER The election judges shall then record on the certificate furnished for that purpose, the number shown on the Protective Counter on each voting machine. p. CANVASSING THE VOTES The election judges shall then unlock and open the doors of the counter compartment, in the presence of watchers and any other persons who may lawfully be present in the polling place. One of the election judges shall, under the scrutiny of another election judge, of opposed political interests, if such there be, in the order of the offices as their titles are arranged on the machine, read and announce in distinct voice the designating number and letter belonging to each candidate, and the total number of votes shown on such candidate's registering counter. He shall then announce the votes recorded on the write-in ballot (paper roll), and shall also announce the votes recorded on each referendum question. As each vote is announced from the registering counter of the voting machine,- it shall immediately 111 be entered on the duplicate statements of canvass, in figures only, in ink, by two election judges of different political interests, if such there be, and after having recorded such vote, for each candidate, each such election judge who is recording the votes as announced, shall immediately and loudly repeat the number he has recorded, so the election judges at the voting machine counters can check it with the candidates registering counter. After the polls are closed and the votes have been counted on said voting machine in the manner required by law, each judge shall then sign a certificate which shall be a part of the Statement of Canvass stating that the results as shown on the Statement of Canvass are the true and correct results of the election and that the canvass July 17, 1950 495 Resolution Re: Voting Machines, Continued p. Canvassing the Votes ----- has been completed in accordance with the law as provided by the statutes of Minnesota. q. VERIFICATION OF THE CANVASS RESULTS The election judges who recorded the total shall then change places with the election judges who announced the totals from the voting machine counters, and the entire process of making the original canvass shall be repeated for the purpose of verifying the accuracy of the original canvass. r. FAMILIARITY WITH MINNESOTA STATUTES OONCERNING VOTING MACHINES Each election judge shall familiarize himself with all the provisions of Chapter 209, Minnesota Statutes, concerning the use of voting machines, and each such election judge shall, at all times, act in compliance with all of such provisions of the State law. s. ATTENDING ELECTION OFFICERS INSTRUCTION Ivlh:h,TINGS Not more than 21 days before each election and primary there shall be held under the direction of the property authority having charge of the conduct of the elections and the primaries, a meeting or meetings for the purpose of instructing the judges about the operation of the voting machine and the duties of election officials when voting machines are used. Each election judge shall attend such instruction meetings or meeting for which he shall receive the sum of one dollar, and no election judge who fails to attend shall be eligible to serve on election -day. SECTION 2: That the rules regulating the use of voting machines as above set forth, be submitted to the Attorney General of the State of Minnesota for his written approval. SECTION 3: That copies of said rules as above set forth be printed upon cardboards and posted in the polling places hereafter at each time of election. Passed by a vote of the Yeas and Nays this 17th day of July, 1950. Yeas 5 Nays 0 APPROVED: O. B. ERICKSON, Mayor ATTEST: JOSEPH JUSTAD, Village Clerk Meeting Adjourned The meeting was adjourned by Mayor Erickson at 12:25 A. M., July 18, 1950. , payor ATTEST: -qt/ nr . 4/ ��,. L A ice: ifJ05-71w—tTAD, lerk -v ...,_ .....) , -,)- , I . . , , , , I . , . _ . . . . . / _ 1 i i 1 i �I CD o 499 I I I 500 --D I 1 c