HomeMy WebLinkAbout1953/10/26 - ADMIN - Minutes - City Council - Regular October 26, 1953 171
REGULAR MEETING OCTOBER 26, 1953_
A regular meeting of the Village Council was called to order by Mayor
C.-L. Hurd at 8:00 P. M.
Invocation was given by Reverend Paul, Obenauf of Wooddale Luthern Church.
The following Council Members were present at roll call: Trustee Bolmgren,
Trustee Jorvig, Trustee Middleton, Clerk Justad, Mayor Hurd.
Also present was Village Attorney, E.- T. Montgomery,
Verified Claims
On motion of Trustee Middleton, seconded by Trustee Jorvig, the following
verified claims were approved, and the Mayor and Clerk were authorized to issue
warrants covering same, by the following roll call vote: Trustee Bo]mgren, yea;
Trustee Jorvig, yea; Trustee Middleton, yea; Clerk Justad, yea; Mayor Hurd, yea:
Aaron Anderson 177.68 Vernon Anderson 169.15
Warren Bartels 166.65 • it " 27.60
H.- J. Bolmgren• 150.00 Rollin P. Briggs 178.20
J.- Brockman 177.68 Arthur Buelow 166.65
Leo Burns 162.80 W,. Bushway 290.59
Betty Caldwell 101.25 Henry B. Carlson 169.15
Dorothy Chase 85.00 R. F. Cihoski 220.73
John Connery 243.38 R. B. Connery 221.15
Thomas Connery 141.45 Norman Crosby 151.80
James R. Dahl 174.65 H.. E. Dahlen 173.80
Elsie Dahlstrom 110.15 Marjorie Dale 110.15
H.-W. Darby, M: D. 125.00 Al Donahue 205.38
D.• Edwards 206.79 Hartwig Endres 153.65
N.- H. Epstein 40.11 E. Ferch 208.12
Alfred Formo 151.80 Ellsworth Frank 187.31
Donald Freiborg 205.46 Herman Freiborg 228.32
Le- Roy Freiborg 151.80 Irwin Freeland 174.65
Donald Galloway 154.39 George Gibson 191.15
Ed- Gilbert 186.15 • " " 110.60
Henry Girard 180.23 Donald Glassing 174.65
Mary Etta Green 125.43 ' " if 74.18
E.- M. Gutch 224.68 H6ward Hallgren 52.50
Truman Hedwall 174.65 Esther Helmer 114.75
Gerald C. Hines 161.65 C. L. Hurd 200.00
Carl Iverson - 174.65 R. Jensen 212.81
Alvera Johnson 140.80 Clyde Johnson 174.65
J.• 0. Johnson 234.90 K-. Johnson 368.79
L.- M. Johnson 191.15 Thelma Johnson 98.65
C.•W. Jones - 173.80 Earl Jones 173.80
Torval Jorvig 150.00 Walter Jungblut 158.40
Joseph Justad 271.15 Maynard Kays 211.03
Merle E. Klumpner 161.65 Dickman Knutson 178.20
A.• Korbel 178.20 George Krueger 93.15
Renaldo M. Lares 150.00 Ralph H. Larson 195.50
Vernice Larson 154.41 R. Lea 149.19
G.- Mack 251.10 Carlisle Madson 187.00
Vance Marfell 184.28 Walter Mark 132.00
Mildred Melbourne 123.65 Eugene Mc Gary 166.65
Omar Mc Gary 174.65 Omar L. Mc. Gary 27.60
O.- R. Mc Gary 164.19 L. Mc Nellis 257.18
C.- R. Middleton 150.00 Carl Miller 231.00
Mary Miller 114.65 Ruth Mollet 90.00
Peter J. Mueller 161.65 Willard Murphy 166.65
Andy Nelson 221.15 R. Nordstrom 258.69
H.- Nygaard 183.16 Lewis Olson 151.80
E.• Omestad 202.26 Wilbur H. Ostlund 169.15
Dorothy Chase 110.15 Ellida Parchem 162.02
P.- P. Persyk 212.61 A.- Peterson 170.40
Richard Pollock 166.65 Donna Prentice 22.53
R.• Pykal 205.46 Ethel Reed 110.15
W. Reid 258.69 Wm. A. Reiners 151.80
Gertrude Renner 144.65 Eloise Rude 110.15
F. J. Sadilek 220.48 David Schaffer 161.65
Kurt Scheibe 191.15 Donald Senander 162.80
F. J. Senander 191.15 Richard Senander 178.20
Gilbert Senst 173.80 F. Sewall 177.68
18
October 26, 1953 C
Verified Claims, Continued
Richard Shinn 258.16 John Skurdahl 144.90
Philip W. Smith 333.65 Clyde Sorensen 174.65
Donald Sorensen 195.80 Robert Sorensen 174.65
Robert Standal 174.65 Glen Stenberg 169.15
Peter Stienstra 221.15 - Fred A. Stimson 165.90
G. Ten Eyck 230.75 Le Roy Thies 158.40
Thomas Thies 151.80 Betty-Tiedemann 118.03
Vernon Tollefsrud 171.64 G. Vita 253.14
Donald Voss 185.44 Ira M. Vraalstad 221.15
Ed Werner 32.40 J. A. Werner 221.15
E. Whipps 253.14 C. M. Williams 221.15
Edward Williams 205.46 Frederick Williams 188.03
J. S. Williams 77.63 James J. Zalusky 197.48
B. Zila 181.24
E. E. Bevensee 5.00 Black Top Service Company 231.21
Boyer-Gilfillan Motor Company 2.01 it it " If 818.44
Brookside Hardware .65 it It, of " 98.70
if it 17.37 Cambridge Brick Company 30.00
++ n 18.19 Cloverleaf Creamery - 1507
16.78 Dahlberg Brothers, Inc. 2.80
n " 6.32 to It it 13.21
�+ �+ 5.69 De Laittre-Murphy Company 195.00
5.22 it n It It 57.15
7.59 Dixie Electrotype Company 10.77
n ++ 18.90 Eco, Incorporated 22.10
++ +' 2.60 The Flox Company 227.84
++ '� 1.20 Fowler Electric Company 8.50
�+ ++ .62 henry L. Frazer 2.76
it to 2.01 Chas. M. Freidheim & Co. 23.50
n n 3.40 J, V. Gleason 1,048.78
"
It 11.75 " " to 3,71.73
n n 4.75 n n If 1,360.91
�+ n .15 rr rr n 473.43
++ '+ 1.50 n rt n 926.84 _
5.90 The Grinnell Company 398.22
�� ++ 2.58 Hennepin-Lake Stationers 2.50
If 7.33 Jessing Paint & Wall Paper Co. 20.35
n
to 4.87 n If it If rr 15.85
+�
it 13.90 Justus Lumber Company 84.50
+�
it 12.61 Stanley Keeley 5.75
n ++ 8.30 Merrihill Kennels 749.00
n ++ 1.35 Lee-Bo Office Supply Co. 2.35
Leef Brothers, Inc. 1.00 Lumber Stores, Inc. 15.81
Wm. H. Mc Coy 272.34 Miller-Davis Company 12.85
Minar Company 8.75 " " " 44.55
Minneapolis Glass Company 124.40 " " " 10.70
Minneapolis Gas Company 83.45 " " " 1.90
Minneapolis-Honeywell Regulator . " '-' " 9.47
Company 80.99 n n n .75
Motzko Plumbing 6.00 National Bushing & Parts Co. 29.55
Newhouse Paper Company 15.98 It " of " 56.79
. n if it 57.72 Northern States Power Co._ 8,684.82
NW. Bell Telephone Company 627.70 it it " '+ 2.00 `
if. n it n 8.60 it If It to 10.50
of Ndtional Bank of Moos. 6,174.75 The Parkview Hospital 66.00
Pockrandt Lumber & Fuel Co. 18.00 !' of " 183.00
is n n n 18.15 Rosholt Equipment Co. 64.00
S.- J. Rutherford Co. 13.61 Robert Schmitz 115.00
Smith-Dunn Company 8.86 Standard Unit Parts Co. 55.56
Sterling Electric Company 24.94 Suburban Plumbing Supply 39.83
Toltz, King & Day, Inc. 243.72 if " of 7.25
George A. Totten, Jr., Henn. I Twin City Bolt & Supply Co. .84
• County Treasurer 37.06 Twin City Testing Lab. 3.60
Vit. of SLP Street Dept. 4,979.25 Vil. of SLP Water Dept. 111.00
it. it it to ++ 124.38 Ira M. Vraalstad . 3.58
n. it n If n 5.20 Wheeler Lumber Bridge & Supply
Company 16.96
October 26, 1953
Hearing on Proposed Rezoning
Pursuant to notice published in the St.' Louis Park Dispatch, October 1,
8, and 15, 1953, a public hearing was had'on proposed rezoning recommended by the
Village Planning Commission of the following lots and tracts of land within the
Village of St. Louis Park. From Open Development and Residence Use to Commercial
Use:
N 5 1t qf, }}aa i ?4 of SWi/, of Sec.
5, T 117, R.01sLRcept W 100 ft thereof
'=•
ta Lots••3•,thidpi °110, 117 thru 123, 226
353utb u'6336 459 thru'4623 Richm6nd
� .Adds,.`
W„1651f6Y.NE1;oY'SE;a,%Sec'5, T
117,NR,2j'!ydng;N of'14th St'extended.`',,
east'Qoir�lt` p§hire Ave,Sud south of'-! ,
ex�4ting- co)�rs}ercial' zon' adjacent to
At sph ,tim,Y,and placiT,the said Vill
agc'. C0II`noj�_*,Wll]1`'9a150;;,i:tOid=a' public”
heaTlna°',qq prapb§ed rezo"nd&aon re-
ceitcnitieivn roY`the:Vflfage Planning
`: botnmt�ivt$ fj+the foll6wing,4ots and
.1 UUtSg5,1,2 lrom=;Residence Use Dis-
i me`tri`c X and,,+✓hmmefcial Use District to
�`Ligh£,lndwiftli 1,Use District
:sllYpt 1W t south of Wayzata Blvd
oR-jya •NE; 'iof SE 1,4, Sec 5, ;117;_R
ing'�otit- bf the N 300,ft thereof
aid east' the W 165'ft'and N of
• thiiS3iith" 6 `feet thereof,'•provlded
thao bshall be ei&ct6d''theror,
hitt 30 ft.^o Zl�akota '%„•,1 �r;
oto,7 thr tl Blk 2; 1 ots X18` lirlx,�
f 2 "B19. 1, Lots`l thru'4 aiSci the?No
ftS�ofr"r,ots S that 8, BlleAX'Zobls� ,etliirc,g
��Iiik 4, John' A J0hnso#i's•sftdilh c+
;an6tots_1%thiu 4•pexc SGV` 80,ft ,;ancl`
Lot-'� IInlr
v rsi C1 �k;1>ddn f '{
�tSfl 'hdrh,part§1'ftl>�r�7S Y9kh;W �f�,,uec
y•,' W?D6az tan A ecifh2.
e+A4 12.
N 1
i>
& S°`EEY yrigh� by:wr,pfa}dP N of}the-
S 12�deet,tt�ere4f;'ynoY�.rfoyw'witliin=the,,
" s Lighti;Ft�dustrla•1.-Zone 4.r� % '- ,, �s
t- At`§t�fd; iiruq'oajud placervsaid Village
-Council w1I13lalso;hold a public hearing
on prl dd��_-re&6aing, om,recommenda-
.!`tioxi 0Y phgP�1V10 e• Planning'Commis-
slont•p�fN't1•Y, follpvr nk described lots and
tracts.Vf land,troM •A" or "B"-Density's:'
_'District'to "M,Density DistriEt. ,
A11• lots and tr cts described above, ,
and ee,�1,11��ppf-Elk,"5;�horpe-BrGb. tTblzer-.
sity CS"ub ddldp 'and the;Yvact671.i4'poi J
t "tion Af�W o-d6 St V from ���"nqo�oi'a�Lilfe„
"to the;M'N';BtSS Ry rignL, - ay'*
The following persons appeared:
C. M. Hamilton, 1614 Colorado Avenue appeared and presented a petition
signed by himself and others from the area, requesting that the following exceptions
be made from proposed rezoning:
1. To rezone from Residential to Light Industrial Use any part of
Block 3.
2. To rezone from Residential to Light Industrial Use Lots 5 thru 15
inclusive of Block 4.
3. To rezone from Residential to Light Industrial Use any part of
Block 5.
E. F. Olson, 1836 Dakota Avenue asked if the Village Council had the power to do
what was requested in the petition. Mrs. J. Lash, 1349 Jersey avenue said she was
to the depth of commercial zoning at Jersey Avenue and Wayzata Boulevard. Mr. D.
Brennan, 6008 West 16th Street and Tom T. Kosobayashi, 6000 West 16th Street said
they were opposed to Light Industrial zoning just north of their homes. Mr.
R. C. Griffin, 1325 Pennsylvania Avenue said he was opposed to the depth of Com—
mercial zoning on Pennsylvania Avenue.
On motion of Trustee Middleton, seconded by Trustee Jorvig, action on above
proposed rezoning was deferred to meeting of November 16, 1953 to allow the Council
time to meet on the grounds to review the situation, by unanimous vote of all Members
of the Council.
Request for Permit to Use House for.2 Family Dwelling W. J. Kelley
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the request of
W. J. Kelley, 6220 Minnetonka Boulevard for permit to' use his home for a two—
family dwelling was referred to the Building Inspector and Planning Commission for
checking and recommendation, by unanimous vote of all' Members of the Council.
Application for Gas Station License
On motion of Trustee Middleton, seconded by Trustee Jorvig, the following
application for 1953 license was approved, and the Mayor and Clerk were authorized
to issue license to expire December 31, 1953, by unanimous vote of all Members
of the Council:
Swede's Pure Oil Service Station Gas Station — 6' Pumps
20 October 26, 1953
Gas Main Extensions
On motion of Trustee Jorvig, seconded by Trustee Middleton, the following
gas main extensions were approved by unanimous vote of all Members of the Council:
S-351 Basswood Road from 880' WW Line West 25th Street to France Ave.
West 25th street from Wi t Line of Joppa Avenue to Cover Lot
18, Block 1
Kipling Avenue from 377' NN Line West 26th Street to Cover Lot
5, Block 3
Lynn Avenue from 389' NN Line West 26th Street to Cover Lot
4, Block 5
Monterey Avenue from 286' NN Line West 26th Street to South
Line West 25th Street
S-380 Meadowbrook Boulevard at Excelsior Boulevard
S-381 Meadowbrook Lane at Excelsior Boulevard
S-364 Sunset Ridge Road from West 34th Street to Cover Lot C
S-366 Georgia Avenue from 449' NN Line of 27th Street-to Cover Lot 3,
Block 1
S-367 West 39th Street from 5' EE Line Hunting Avenue to 125' EE Line
of Huntington
S-368 Rhode Island Avenue from 40' SS Line 34th Street to 34th Street
Request for Permission to Place Poles, Etc. - -N. S. Power Co.
On motion of Trustee Middleton, seconded by Trustee Jorvig, the Northern
States Power Company was granted permission to place poles, anchors, etc. at the
following locations within the Village, by unanimous vote of all Members of the
Council:
2 Poles on Cedar Lake Road between Blackstone and Brunswick Avenues
1 Pole on Louisiana Avenue between Kentucky and Gorham Avenues; place
1 Anchoe on Village Property South Side of Louisiana Avenue between
Kentucky and Gorham Avenues
Place anchors, poles, transformers and build 13,800 - 4,000 -
120 - 240 volt lines as shown on sketch EST 84914. Located
on Village booster pump property at Natchez Avenue and
West 41st Street
1 . Pole on Virginia Avenue South and West 35th Street
1 Pole on West 41st Street West of Highway 169-212
Attach guy wire to tree on Minnetonka Boulevard east of
Louisiana Avenue.
Request for Permission to Place Buried'Cable - NW Bell Telephone Co.
On motion of Trustee Middleton, seconded by Trustee Jorvig, the Northwestern
Bell,Telephone Company was granted permission"to place conduit and buried "cable at
the following locations, by unanimous vote of all Members of the Council:
1924 Conduit on the East side of Dakota Avenue between West 32nd Street
and West Lake Street.
'2125 Buried Cable on Flagg Avenue between Club Road and Stanlen Road,
between Stanlen Road and Cedar Lake Road, on 24th Street, north
of the G. N. R. R. Tracks and West' of Louisiana Avenue, on
Westwood Curve, east of Westwood Hills Road and on Cedar Lake Road
between Burd Place and Virginia Avenue.
ARplication for Permit for Advertising Sign - Nordguist
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the application
of Nordquist Sign Company, dated October 26, 1953s for ,a permit to erect an adver-
tising sign at 7200 Minnetonka Boulevard was granted, subject to approval of plans
by the Building Inspector. Motion was passed by unanimous vote of all Members of
the Council.
Application for Permit to Erect Advertising Sign - -Meyers
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the application
of Meyers Outdoor Advertising, Incorporated, dated October 22, 1953s for a permit
to erect two (2) advertising signs' at SE Corner of St. Louis Park Theatre Company's
6.17 acres on Highway No. 7, was approved, by unanimous vote of all Members of the
Council present.
October 26, 1953 1
Application for Permit to Erect Advertising Sign - 7 Up Bottling
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the application
of 7 Up Bottling Company for a permit to erect an advertising sign on building at
7200 Minnetonka Boulevard was approved by unanimous vote of all Members of the Council
present.
Application for Permit to Erect 2 Advertising Sign - Meyers
On motion of Trustee Middleton, seconded by Trustee Jorvig, the application
of Meyers Outdoor Advertising, Inc. for permits to erect two advertising signs on
space located 300 feet from center lind of Minnehaha Creek on the north side of
Excelsior Boulevard; thence 50 feet westerly along the north line of Excelsior
Boulevard; thence northerly 70 feet beyond existing building line to form a triangle
back-to the north side of Excelsior Boulevard, was referred to the Planning Commission
for checking and recommendation, by unanimous vote of all Members of the Council,
Certificate of Insurance - Brede. Incorporated-
On motion of Trustee Bolmgren, seconded by Trustee Middleton, Certificate of
Insurance for Policy No. 321633, with Brede, Incorporated as the insured, and
Hardware Mutual Casualty Company as the insuror, covering bodily injury and property
damage, effective October 14, 1953, to expire October 14, 1954, was approved by
unanimous vote of all Members of the Council.
Petitions for Street Improvements
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following
petitions were referred to the Village Engineer, Chairman of the Street Department
Committee and Special Assessment Department for checking and recommendation, by
unanimous vote of all Members of the Council present:
P-1371 PETITION FOR CURB AND GUTTER,, signed by Kenneth C. Coon, 3525 Zinran
Avenue and others, dated July 25, 1953, for the construction of curb and gutter on
the EAST SIDE OF ZINRAN AVENUE FROM 35TH STREET TO 36TH STREET.
P-1375 PETITION FOR CURB AND GUTTER, signed by Norman Eklund, 3525 Xylon
Avenue and others, dated October 20, 1953, for the construction of curb and gutter
on the EAST SIDE OF XYLON AVENUE FROM 3525 XYLON AVENUE TO 36TH STREET.
P-1376 PETITION FOR CURB AND GUTTER, signed by Mr. and Mrs. George S.
Anderson, 3532 Nylon Avenue and others, dated October 7, 1953, for the construction
of curb and gutter on the WEST SIDE OF XYLON AVENUE FROM 3524 XYLON AVENUE TO 36TH
STREET,
Letter Re: Name Change for Restaurant - Underwood & Larson
Letter from R. Warren Larson, dated October 19, 1955, informing the Village
Council that he and Cortie A. Underwood disolved their partnership dba Underwood
& Larson Restaurant which name appears on their license #163 for operating a res-
taurant, and license #164 to sell cigarettes; stating that the business is now
operating under the name of R. Warren Larson, dba Warren Larson Restaurant, located
at 4336 Excelsior Boulevard, was read and ordered filed.
Bingo - Lenox School PTA
Letter from E. G. Sherman, Vice President, Lenox PTA, dated October 20, 1953,
requesting permission to hold a bingo game at their annual carnical to be held on
Saturday, November 21, 1953 from 2 to 9 PM, was read. No objections were raised.
No action taken.
Ordinance No. 432
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. 432 ,
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
VILLAGE OF ST. LOUIS PARK
The Village Council of the pillage of St. Louis Park ordains:
Section 1. The Zoning Ordinance of the Village of St. Louis Park adopted
January 20, 1932, •as heretofore amended, is hereby further amended by reclassifi-
cation of the area of the respective use districts as defined in Section 2.2 of
said ordinance and the use district maps therein referred to as follows:
The East 75 feet of Lot 3, Block 4, Minikanda
Vista Second Addition
shall be deleted from the Residence Use District and included in the Commercial
Use District and shall be subject to all of the regulations of said ordinance
relating to said Commercial Use District. The foregoing is an extension of said
22 October 26, 1953
Ordinance No. 432, Cont'd.
Commercial Use District of not more than 50 feet, where the boundary line (�
between the Residence Use District and the Commercial Use District is at this
point the- south line of said Lot 3 and the property so divided is in a single
ownership.
Section 2. Permit is hereby granted on application of Franklin D. Gray,
as owner o! f Lots 2 and 3, Block 4, Minikanda Vista Second Addition, to use Lots
2 and 3, Block 4, Minikanda Vista Second Addition, for the parking of motor
vehicles in connection with commercial use of Lot 4, the East 1/2 of Lot 5, and
the East 75 feet of Lot 3, Block 4, in said Addition, upon condition that a
suitable planting of shrubs and trees be maintained at all times, along the
north line of said Lot 2, while the property is used for such parking purposes.
Section 3. This ordinance shall take effect from and after its publica-
tion.
Release and Approval of Securities
Request received from the Northwestern National Bank of Minneapolis,
dated October 22, 1953, asking for the release of $1,000,000.00 United States
Treasury Bonds of 1960/65 2-3/4%,• due December 15, 1965 now being held-by the
Federal Reserve Bank as security on the account of the Village in said bank,
and substituting $1,000,000.00 Uhited States Treasury Notes Series A-57 2-7/8
due March 15, 1957, was read.
On motion of Trustee Holmgren, seconded by Trustee Middleton, the release
of the $1,000,000.00 U. S. Treasury Bonds 1960/65 was approved, and the substitution
of $1,000,000.00 U. S. Treasury Notes, Series A-57 2-7/8%, due March 15, 1957,
as per custodian certificate No. 21783 from Federal Reserve Bank, Minneapolis,
Minnesota, as security for Village account in Northwestern National Bank of
Minneapolis, was- approved,, by unanimous vote of all Members of the Council present.
Bond
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following
bond was approved by unanimous vote of all Members of the Council present:
CONTRACTORS BOND with Phelps-Drake Company,
Incorporated as principal, and Fire Association —
of Philadelphia as surety, dated July 20, 19532
in the amount of $74,606.10, covering contract
for the construction of sanitary sewer lift station,
and sanitary lateral sewer extensions, Improvement
No. 53-56 and 53-57, in the Village of St. Louis
Park, Minnesota.
Re: Blacktopping, Etc_.
• R. E. Anderson of the Medical Center asked about blacktopping of property
back of the Medical Center for parking. Mr. Stone, 4015 Quentin asked that
any discussion regarding rear of National Tea Company, Quentin and Excelsior
Boulevard be deferred. Mayor Hurd stated that there was nothing on these matters
to come before the Council this evening.
Building Inspector's Weekly Report
The Building Inspector's report for week ending October 231 1953, showing
that 13 building permits were issued, totaling $47,650.00, was read and ordered
filed.
Claim for Damages Approved
On motion of Trustee Middleton, seconded by Trustee Bolmgren, claim f
damages to property of Freeland W. Harlow and Victorine H. Harlow at 6019 Minne-
tonka Boulevard (Lots 29 and 30, Block 2, Del Monte Heights Addition), caused by
contractor for widening of Minnetonka Boulevard in the amount of $175.00, was
approved, and the Mayor and Clerk were authorized to issue warrant covering
said amount upon receipt of release and verified claim signed by claimant, by
unanimous vote of all Members of the Council.
Minutes
The minutes of meeting held October 19, 1953 were read.
On motion of Trustee Jorvig, seconded by Trustee Middleton, the minutes of
meeting held October 19, 1953 were approved as read, by unanimous vote of all
M6mbers of the Council.
October 26, 1953 23
Agreement
On motion of Trustee Jorvig, seconded by Trustee Middleton, the Mayor and
Clerk were authorized the following AGREEMENT for the Village with Great Northern
Railway Company and Minneapolis Gas Company, by unanimous vote of all Members of
the Council:
A G R E E M E N T
AGREEMENT, made this 26th day of October, 1953, between the VILLAGE OF ST.
LOUIS PARK, a municipal corporation, hereinafter called the "Village"; GREAT
NORTHERN RAILWAY COMPANY, a corporation, hereinafter called the "Railway Company";
and MINNEAPOLIS GAS COMPANY, a corporation, hereinafter called the "Gas Companyt',
WITNESSETH:
WHEREAS, the Village and the Railway Company have entered into an agreement
dated April 17, 1952, for the construction and maintenance of a bridge to carry
Louisiana Avenue over the tracks of the Railway Company at St. Louis Park, Minne-
sota, and
WHEREAS, the Gas Company desires- permission to construct and maintain a
gas main to be supported'by said bridge, and the Village and the Railway Company
are willing to grant the desired permission upon the terms and conditions herein-
after stated;
NOW, THEREFORE, it is mutually agreed:
1. The Village and the Railway Company grant to the Gas Companylicense
and permission to construct, maintain, and operate a-gas main ten (1 ) inches in
diameter upon said bridge. The main shall be constructed in strict accordance
with the plan attached hereto, marked Exhibit "A" and by this reference made a
part hereof. The main shall-be constructed and maintained by the Gas Company at
its own sole cost and expense, and all work in and about the construction and
maintenance of the main shall be done to the satisfaction of the Village and the
Railway Company.
2. The Gas Company shall reimburse the Village and the Railway Company,
as the case may be, for the cost of any and all extra labor and material borne
by the Village or the Railway Company and required on account of the installation,
maintenance, and operation of said gas main which would not have been necessarily
incurred had not said main been attached to said bridge.
3. In the event either the Village or the Railway Company shall undertake
any work incident to adding to or bettering the said bridge or reconstructing the
same or incident to the maintenance and repair thereof, the Gas Company at its
own cost and expense, whenever required by the party doing the work, shall upon
thirty (30) days' notice from such party relocate said gas main so as to accommo-
date same to said work in a manner satisfactory to the party directing the said
relocation. Should any such work make impracticable the continuance of the
main on the bridge or should the said bridge be removed, the Gas Company, on like
notice, at its own expense and in a manner satisfactory to the Village and the
Railway Company shall remove the main, and this license and permission shall
terminate.
4. The Gas Company shall give to the Railway Company and the Village due
notice of any work to be done by the Gas Company in the construction, maintenance,
repair, change of location, or removal of said gas main and shall conduct such
work in such manner as not to interfere with the maintenance and operation of the
railway of the Railway Company and the street of the Village.
5. The Gas Company shall and hereby does release and discharge the Village
and the Railway Company of and from any and all liability for damage to or des-
truction of the gas main or any other property of the Gas Company upon or about
the said bridge in connection with the construction, maintenance, change of loca-
tion, operation, or removal of the said gas main. The Gas Company-shall and
hereby does further agree to indemnify and hold harmless the Village and the Rail-
way Company from any and all liability, damages, recoveries, judgments, costs,
expenses, or other charges and demands, on account of injury to or death of one
more persons or damage to or destruction of the property of one or more persons
resulting from or during the construction, existance, maintenance, change of
location, operation, or removal of the gas main. The Gas Company further agrees
to appear and defend in the name of the Village and the Railway Company or either
of them any suits or actions at law brought against the Railway Company and the
-Village or either of them on account of any such personal injuries, death, or
damage to property;,and to pay and satisfy any final judgment that may be rendered
against the Railway Company or the Village in any such action. The liability
24 October 26, 1953
C
Agreement. Continued
assumed by the Gas Company herein shall not be affected or diminished by'the (�
fact, if• it be ,a-fact, that any such, suit or action brought against the Village
or the Railway Company or both of them may arise in whole or in part out of -the
negligence of the Village or the Railway Company, their officers, agents,
servants, or employees, or be contributed to in whole or in part by such negli-
gence.
6. The Gas Company shall not transfer or assign this license and per-
mission• without the written consent of the Village and the Railway Company.
Meeting Adjourned
On motion of Trustee Middleton, seconded by Trustee Jorvig, the meeting was
adjourned at 12:36 A. M., October 27, 1953, by unanimous vote of all Members of
the Council present.
C. L. HURD, Mayor
ATTEST:
JOSOH JUT , Clerk
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