HomeMy WebLinkAbout1953/11/23 - ADMIN - Minutes - City Council - Regular November 23, 1953 55
REGULAR MEETING NOVEMBER 23, 1953
.A regular meeting of the Village Council was called to order by Mayor C. L.
Hurd at 8:04 P. M.
.The following Council Members were present at roll call:
Trustee Bolmgren
Trustee Jorvig
Trustee Middleton
Clerk Justad
Mayor Hurd
.Also present was Village Attorney, Edmund T. Montgomery.
M
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 following roll call vote: Trustee Bolmgren, yea, Trustee
Jorvig, yea; Trustee Middleton, yea; Clerk: Justad, yea; Mayor Hurd, yea:
Aaron. Anderson 138.00 Vernon Anderson 169.15
Warren Bartels 166.65 H. J. Bolmgren 150.00
Rollin P. Briggs 162.00 J. Brockman 139.29
Arthur• Buelow 166.65 Leo Burns 149.39
W. Bushway 237.55 Betty Caldwell 85.63
Henry. B. Carlson 169.15 Dorothy Chase 90.63
B. F.. Cihoski 198.45 John Connery 158.00
R. B.- Connery 269.09 Thomas Connery 165.60
Norman Crosby 181.13 James R. Dahl 174.65
H. E.. Dahlen 158.00 Elsie Dahlstrom 115.88
Marjorie Dale 110.15 H. W. Darby, M.' D. 125.00
Al Donahue 233.00 D. Edwards 161.97
Hartwig Endres 153.65 N. H. Epstein 60.38
E. Ferch . 161.97 Alfred Formo 138.00
Ellsworth Frank 243.01 Irwin Freelarid 174.65
Donald Freiborg 144.66 Herman Freiborg 176.18
Le Ray Freiborg 143.18 Donald Galloway 169.05
George Gibson 191.15 Edwin Gilbert 186.15
" - " 94.80 Henry Girard 187.82
Donald Glassing 174.65 Mary Etta Green 115.88
11 it 63.83 Howard Hallgren 48.13
Truman Hedwall 174.65 Esther Helmer 101.36
Gerald C. Hines 161.65 C. L. Hurd 200.00
Carl -Iverson 174.65 Bruce Jensen 147.66
Alvera Johnson 142.95 Clyde Johnson 174.65
J. 0., Johnson 201.49 'K. Johnson 340.03
L. M.. Johnson 191.15 Thelma Johnson 89.53
C. W. Jones 158.00 'Earl Jones 158.00
Torva,l Jorvig 150.00 Walter Jungblut 144.00
Joseph Justad 271.15 Maynard Kays 204.41
Merle Klumpner, 161.65 Dickman Knutson 162.00
A. Korbel , 163.52 Renaldo M. Lares 150.00
Ralph H. Larson 68.00 'Vernice Larson 139.50
R. Lea 154.00 'G. Mack 190.86
Carlisle Madson 170.00 'Vance Marfell 168.08
Walter Mark 120.00 Eugene Mc Gary 166.65
Omar.Mc Gary 174.65 '0. R. Mc Gary 142.00
41.40 L. Mc Nellis 209.08
Mildred Melbourne 123.65 'C. R. Middleton 150.00
Carl.Miller 210.00 Mary Miller 120.61
Ruth.Mollet 90.00 Peter J. Mueller 161.65
Willard Murphy 166.65 Andy Nelson 221.15
R. Nordstrom 221.23 'H. Nygaard 164.65
Lewis Olson 138.00 E. @mestad 138.00
Wilbur H. Osilund 169.15 Dorothy Owens 115.88
Ellida Parchem 166.07 'P. P. Persyk 157.41
Arthur Peterson 114.93 Richard Pollock 166.65
Donna Prentice 14.88 R. Pykal 144.66
Ethel Reed 110.15 W. Reid 203.01
Wm. A. Reiners 138.00 Gertrude Renner 144.65
Eloise Rude 115.88 F. J. Sadilek 159.78
David Schaefer 161.65 Kurt Scheibe 191.15
Donald Senander 153.55 F. J. Senander 191.15
56 November 23, 1953
Verified Claims, Cont'd.
Richard Senander` 210.60 Gilbert M. Senst 158.00
F. Sewall 138.00 Richard Shinn 177.24
John Skurdahl 132.39 Philip W. Smith 333.65
Clyde Sorensen 174.65 Donald Sorensen 178.00
Robert Sorensen 174.65 Robert Standal 174.65
Glenn Stenberg 169.15 Peter Stienstra 221.15
Fred A. Stimson 158.00 G.' Ten Eyck 142.00
Le Roy Thies 144.00 Thomas Thies 138.00
Betty Tiedemann 103.65 Vernon Tollefsrud 153.53
G. Vita 192.98 Donald Voss 138.00
Ira M. Vraalstad 221.15 - Ed-Wernbr 32.40
J. A. Werner 221.15 E. Whipps 154.00
C. M. Williams 221.15 Edward Williams 11+3.33
Frederick Williams 169.05 J. S. Williams 50.89
James J. Zalusky 158.00 Burt Zila - 231.86
Carl A. Johnson 100.00 Willard Keller 100.00
Walter R. Menzel 100.00
Acme Chemical Company 97.96 The Arrowhead Company 14.40
tt if it - 75.25 Black Top Service Company 83.67
Boulevard Super Market 61.93 Brookside Hardware 1.16
Bury & Carlson 463.19n 11.69
n
Victor Carlson & Sons 27.44 Chicago, Burlington & Quincy
Cloverleaf Creamery Co. 7.79 Railroad 118.25
• if if n 7.79 u if n n 98.55
Brookside Hardware 40.79 Crown Rubber Stamp Co. 53.25
tt tt .94 Dietrick Lumber gompany 49.00
,!t tt 10.21 The-Flox Company 430.69 .
11 a 9.50 iJ. V. Gleason 910.42
it 11 .45 .tt 11 tt 442.28
Gorco Construction Co. 75.00 `t' " If 616.15 -
Halliburton 8.70 41 " If 103.62
Healy-Riff Company 20.86 •Roland Motors, Inc. 10.45
H. V. Johnston Culvert Co. 1,052.73 Lametti & Sons 10,840.82
Lee-Bo Office Supply Co. 2.00 " " 7,928.87
u n tt tt 1.00 ° " 9,416.12
Luxor Lighting Products, Inc. 43.50 -Lyle Signs, Incorporated 72.60
Miller-Davis Company 4.05 Minneapolis Gas Company 4.33
0 o n 2.10 " ° " 4.35
it if " 3.85 _ 'Minneapolis Iron Store 10.35
it tt tt 47.50 it tt it 6.32
of n n 33.00 n n it 35,07
if n n 16.50 " ° If 18.68
Minnesota Bearing Company 30.27 " " It 185.90
Minnesota Fire Extinguisher Co. 4.00 " " it 62.98
Edmund T. Montgomery 100.00 " '-' " 2.14
If if u 210.00 tt n n 1,60 -
If it n 78.00 National Tea Company 41.67
n It a 26.50 °A. Nelson 134-00 -
it tt tt 15.00 -Newhouse Paper Co. 15.98
Northern States Power Co. 2.00 -Panama Carbon Company 35.51
• tt it " " 5,187.72 Paper Calmenson & Co. 46.22
Petroleum Service 29.43 -Phelps-Drake Company, Inc. '
Pockrandt Lumber Company 4.00 10,047.76
• it it n •4.42 if it tt 21,985.61•
Max Renner Well Co. 11828.67 -H. A. Rogers Co. 6.00
St. Louis Park Dispatch 46.20 •" " " If 6.00
if if n it 34,80 n n u if 3.78
it to if tt 16.20 n n It n 3.90
Robert Schmitz 115.00 " " if !' 1.68
Shursen Agency 734.70 °" " of 5.10
• it tt .67 tt tt it tt 3.70
Sidu Company 41.64 -Smith-Dunn Company, Inc. 150.00
Terry Brothers, Inc. 15083.77 •Toltz, King & Day Co. 846.40
-tt it " 7,592.67 -Geo. A. Totten, Jr. 157.55
-tt it " 255.00 -Twin city Testing & Eng.
Vil. of SLP Sewer Dept. 32.50 Laboratory 3.00
Vil. of SLP Street Dept. 784.10 Vil. of SLP S[trmot Dept. 9,787.70
Vil. of SLP Waters, Dept. 26.00 'Supt. of Documents, Wash-
ington, D. C. 700.05
November 23, 1953 Q57
Hearing on Petition for Rezoning -_Wheaton and Thomas
Pursuant to notice published in the St. Louis Park Dispatch November 12,
1953, a public hearing was had on the petition of Thomas E. Wheaton and Stanley R.
Thomas for rezoning Lot 9, Block 3, Brookview Park Addition, from Residential Use
District to Commercial Use District. John Platt, 3977 Brunswick Avenue appeared,
and after viewing the plans for proposed building, said he had no objections to
the rezoning.
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the Council
concurred with the Planning Commission's recommendation in their report dated
October 28, 1953 and above rezoning was approved for building as per sketch dated
October 19, 1953, and subject to agreement for screening and use of property, by
unanimous vote of all Members of the Council.
Ordinance No. 434
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following
ordinance was adopted by unanimous -vote of all Members of the Council:
ORDINANCE NO. 434
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF ST. LOUIS PARK
The Village Council of the Village 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 reclassifica-
tion 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:
LOT 9, BLOCK 3, BROOKVIEW PARK ADDITION,
shall be deleted from 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.
Re: Village Insurance
Max Gary of Mutual Service Insurance Company, St. Paul, Minnesota spoke
regarding Village Insurance. Said that the Village was not buying their insurance
on bid and he would like the opportunity to bid on same. He feels that the Village
should purchase their insurance on bids. Mayor Hurd said he feels that the Village
Councilmen would be pleased to discuss this metter with him when the insurance
comes up again for purchase.
Hearing Date Set for Vacating Portion of Street
On motion of Trustee Middleton; seconded by Trustee Jorvig, subsequent to
denial on November 9, 1953 the matter of vacating West 25th Street between Lynn
Avenue and Monterey Avenue adjacent to Lots'l and 44, Block ,8, Thorpe Brothers
Cedar Lake Heights Addition was discussed and reconsidered.
On motion of Trustee Middleton, seconded by Trustee Jorvig, December 21, 1953
was set as date of hearing for vacating a portion of West 25th Street from Lynn
Avenue to Monterey Avenue, adjacent to Lots 1 and 44, Block 8, Thorpe Brothers Cedar
Lake Heights Addition, by unanimous vote of all Members of the Council present.
Check Canceled
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, Village Check
No. 1054, dated November 10, 1953, in the amount of $25.00 drawn in favor of Earl
Zimmerman and Emma Swanson, which amount was deposited with the Village with their
petition for vacating a portion of West 25th Street between Lynn Avenue and Monterey
Avenue was accepted and ordered canceled and returned to the General Fund in view
of reconsideration of said proposed vacation, by unanimous vote of all Members of
the Council.
Licenses
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following
applications for 1953 licenses were approved, and the Mayor and Clerk were authorized
to issue licenses to expire December 31, 1953, by unanimous vote of all Members of
the Council:
Vincent's Dairy Store Cigarettes
It " " 3.2 Beer Off-Sale
if It '! Milk Retail
Abdallahs Ice Cream and
Candy Shop Restaurant
5� November 23, 1953
Ordinance No. 435
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. 435
AN ORDINANCE GRANTING PERMISSION TO NORTHERN STATES POWER COMPANY,
A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO ERECT,
INSTALL, ENLARGE, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF
ST. LOUIS PARK, MINNESOTA, TRANSMISSION LINES AND AN ELECTRIC DISTRI-
BUTION SYSTEM, INCLUDING NECESSARY POLES, POLE LINES, MASTS, WIRES,
CABLES, AND FIXTURES AND APPURTENANCES, FOR ,THE_FURNISHING OF-ELEC-
TRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND
TRANSMITTING ELECTRIC ENERGY INTO AND THROUGH THE VILLAGE, AND TO
USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH
PURPOSES
THE VILLAGE COUNCIL OF THE VILLAGE OF ST. LOUIS PARK, HENNEPIN COUNTY,
ORDAINS AS FOLLOWS:
Section 1. That there be and hereby is granted to Northern States Power
Company, a Minnesota corporation, its successors and assigns, hereinafter referred
to as "Company", during the period of twenty (20) years from the date hereof, the
right and privilege of erecting, installing; enlarging, operating, repairing, and
maintaining, in, on, over, under, and across the streets, alleys, and public
grounds of said Viilage electric transmission lines and an electric distribution
system, including all, poles, pole lines, masts, wires, cables, lamps, transformers,
and other fixtures and appurtenances, usually, conveniently, or necessarily used
in connection therewith, for the purpose of transmitting and furnishing electric
energy for light, heat, power, and other purposes for public and private use in
and to said Village and the inhabitants thereof, and others, and for the purpose
of transmitting into and through said Village ;such electric energy, provided that
such transmission lines and electric distribution system shall be so located as
in no way to interfere with the safety and convenience of ordinary travel along
and over said streets and alleys, and provided that Company, in the erection,
installation, enlargement, operation, repair, and maintenance of such poles, pole
lines, masts, wires, cables, lamps, transformers, and other fixtures- and appur-
tenances, shall be subject to such reasonable regulations as may be, imposed by
the Village Council.
Section 2. Company agrees to maintain and operate efficiently its electric
system in the Village during the term hereof, to provide adequate service to its
present customers and to make reasonable extensions of its lines for the purpose
of serving new customers when the revenue therefrom justifies the expense to
Company of making the necessary extension.,
The Company agrees that the rates for electric service shall be reasonable
and, because the Village limits as now constituted are within the Minneapolis
metropolitan area, such rates shall not exceed the Company's standard schedule
of rates and minimum charges effective in the City of Minneapolis. However, in
the event of the imposition of ,local license fees, taxes on earnings or other
similar Village charges or regulations, the Company shall then have the right to
revise its electric rates to offset any resultant increase in the cost of doing
business.
Section 3. There is also granted to Company during the term hereof;
permission and authority to trim all trees acid shrubs in the streets, alleys,
and public grounds of said Village interfering with the proper erection,
installation, enlargement, operation, repair, and maintenance of any poles, pole
lines, masts, wires, cables, lamps, transformers, or any other fixtures or
appurtenances, installed in pursuance of the authority hereby granted, provided
that Company shall save Village harmless from any liability in the premises.
Section 4. Nothing in this Ordinance contained shall be construed as
giving to Company any exclusive privilege in, on, over, under, or across the
streets, alleys , or public grounds of said Village.
Section 5. The Company shall exercise its privileges hereunder subject at
all times to the police power of the Village and shall not unnecessarily or un-
reasonably obstruct the use of or injure any, street, avenue, or alley, and shall,
upon the completion of any construction or repair, restore all streets, avenues,
and alleys of the Village which shall be opened by it for any underground conduit
or other facility of the Company to as nearly the same order and condition as
they were before the excavation was made as is reasonably possible, and shall
maintain, repair, and keep in good condition for a period of three (3) months all
portions of said streets, avenues, and alleys disturbed by it or its agents;
provided that the three-month period shall be computed from the time of the closing
of the excavation; but in case of frost before the three-month period has expired,
November 23, 1953 59
Ordinance No. 435, Continued
Section 5 -------
the same shall continue for the stated period after the frost leaves the ground.
Any obstruction or excavation of any street, alley, park, boulevard, bridge, or
other public place, or any failure to properly fill and maintain such street,
alley, park, boulevard, bridge, or other public place after written notice demand-
ing removal or repair, as the case may be, shall be taken care of by the Village
and the cost thereof shall be charged against the Company and may be deducted from
any payments due it from the Village.
Section 6. Company shall indemnify, keep, and hold the Village free and
harmless from any and all liability on account of injury to persons or damage to
property occasioned by tyre construction, maintenance, repair, or operation of
Company's property located in, on, •over, under, or, across the streets, alleys and
public grounds of the Village, unless such injury or damage grown out of the
negligency of the Village, its employees or agents, or results from the performance
in a proper manner of acts ordered or directed by the Village. In the event that
suit shall be brought against the Village under circumstances where the above
agreement to indemnify, keep and hold the Village free and harmless applies, the
Company, at its sole cost and expense, shall defent the Village in such suit if
written notice of such suit is given to the Company within seven (7) days from the
commencement thereof, and in the event of a final judgment being obtained against
the Village in any such suit so defended by the Company, Company shall pay such
judgment and hold the Village harmless therefrom.
Section 7. Company shall have full right and authority to assign to any
person, persons, firm, or corporation all the rights conferred upon it by this
Ordinance, provided that the assignee of such rights, by accepting such assign-
ment, shall become subject to the terms and provisions of this Ordinance.
Section 8. Company shall, ,if it accepts this Ordinance and the rights hereby
granted, file a ,written acceptance of the franchise rights hereby granted with the
Village Clerk within ninety (90) days from the date of the publication of this
Ordinance.
Section 9. This Ordinance shall be in full force and effect from and after
its publication, as provided by law.,
Section 10. The franchise rights granted the Minneapolis General Electric
Company by Ordinance No. 116, adopted May 19, 1937, are hereby terminated as of
the effective date of this Ordinance.
Sign and Billboard Bond - Macey Sign Company
On motion of Trustee Bolmgren, seconded by Trustee Middleton, sign and
billboard bond with Macey Signs, ,Irlcorporated as principal, and Fireman's Fund
Indemnity Company as surety, effective November 20, 1953 to expire December 31,
1953, in the amount of $1,000.00, was apprqved by unanimous vote of all Members
of the Council present.
Permit for Industrial Building
On motion of Trustee Middleton, seconded by Trustee Jorvig, the request of
Allen Garrison for a permit to build an industrial building,-on Lots 11, 12, 13,
14, and 15, Block 78, Rearrangement of St. Louis Park was approved subject to
the Building Inspector's approval of the plans, and the Building Inspector was
authorized to issue permit for same, by unanimous vote of all Members of the Coun-
cil present.
Planning Commission's Report on Petition for Vacating Alley
Cedar Engineering Company
Planning Commission's report dated November 4, 1953, on the petition of
Cedar Engineering Company for the vacation of Alley in Block 29, Rearrangement of
St. Louis Park, was read.
Hearing Date Set on Petition for Vacating Alley
On motion of Trustee Jorvig, seconded by Trustee Middleton,, December 21,
1953 was set as date of hearing for vacation of alley in in Block 29, Rearrange-
ment of St. Louis Park, by unanimous vote of all Members of the Council.
November 30th Meeting Canceled
On motion of Trustee Middleton, seconded by Trustee Jorvig, Council Meeting
scheduled for November 30, 1953 was canceled by unanimous vote of all Members of
the Council.
�o
November 23, 1953 �
Partial Payments on Contract Work
On motion of Trustee Middleton, seconded by Trustee Jorvig, the follow- C�
ing partial payments on contract work in progress, presented by Village
Engineer, Phil W. Smith, were approved, and the Mayor and Clerk were authorized
to issue warrants covering same, by unanimous vote of all Members of the Council.
FINAL PAYMENT
SANITARY SEWER NO. 52-
Contractor, Lametti and Lametti
Contract Date, March 29, 1952
Contract Price, $42,360.60
AMOUNT OF THIS PAYMENT $ 9,416.12
FINAL PAYMENT
STORM SEWER NO. 52-243
Contractor, Lametti & Sons
Contract Date, August 11, 1952
Contract Price, $104,196.70
AMOUNT OF THIS PAYMENT $ 10$840.82 ,
PARTIAL PAYMENT NO. 2
GRADING & GRAVELING NOS. 53-39
THRU 53-50
Contractor, Terry Brothers, Inc.
Contract Date, June 22, 1953
Contract Price, $23,836.83
(53-50 removed from contract)
AMOUNT OF THIS PAYMENT $ 7,592.67
PARTIAL PAYMENT NO. 5
WATER MAIN CONSTRUCTION 53-1 THRU 53-6,
53-8 THRU 53-17 and 53-75 -
Contractor, Phelps-Drake Company, Inc.
Contract Date, June 8, 1953
Contract Price, $290,849.58
AMOUNT OF THIS PAYMENT $ 21,985.61
PARTIAL PAYMENT NO. 1
GRADING & GRAVELING 53-89, 90, 92,
97 and 98
Contractor; Terry Brothers, Inc.
Contract Date, August ,10, 1953
Contract Price, $18,752.55
AMOUNT OF THIS PAYMENT $ 15093.77
PARTIAL PAYMENT NO. 1
STORM SEWER 'No. 53-107
Contractor, Lametti & Sons :
Contract Date, September 14, 1953
Contract Price, $10,286.80
AMOUNT OF THIS PAYMENT $ 7,928.87
PARTIAL PAYMENT NO. 1
WATER MAIN CONSTRUCTION NO. 53-110
Contractor, Phelps Drake Company, Inc.
Contract Date, September 28, 1953
Contract Price, $15,202.00
AMOUNT OF THIS PAYMENT $ 10,047.76
Application for Intoxicating Liquor On-Sale License
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the application
of Lilac Lanes Enterprises for a license to- sell intoxicating liquor On Sale from
December 15, 1953 to December 15, 1954 was approved as- per stipulation shown- in
resolution adopted December 10, 1951 when license was first granted, and the granting
of the transfer of License on October 5, 1953) by unanimous vote of all Members
of the Council.
Petition for Sanitary Sewer - P-1384
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the petition
signed by Hopkins Terminal, Inc., Guilford A. Morse, Secretary, 334 1st Streeb
North, Minneapolis, Minnesota for the construction of sanitary sewer-in the NORTH
SIDE OF EXCELSIOR BOULEVARD FROM WEST CITY LIMITS TO 1100 FEET EAST was referred
to the Village Engineer, Chairman of the Sewer Department Committee and Special
Assessment Department, and December 14, 1953 was set as date for hearing on same,
by unanimous vote of all Members of the Council.
November 23, 1953 fm I
Permission to Place Poles y
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the Northern
States Power Company was granted permission to place poles at the following
locations within the Village, by unanimous vote of all Members of the Council:
Two (2) poles' on Joppa Avenue from
West Sunset Boulevard to Minnetonka Blvd,
Building Inspector's Weekly Report
The Building-Inspector's report for week ending November 20, 1953, showing
that 22 building permits were issued, totaling $118,055,00, was read and ordered
filed.
Conveyance and Acceptance of Property
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the Mayor and
Clerk were authorized to execute deed conveyi.ig to' Carlson Brothers Company the
following property owned by the,Village ---
Lots 14 to 30, Block 267, Rearrangement of St. Louis Park,
upon receipt of deed from Carlson Brothers Company conveying to the Village ---
Lots 8 to 20 inclusive, Block 204 Rearrangement of St. Louis Park
lying northeasterly of (news Gorham Avenue.
upon condition that the Village reserve the right to move approximately 10,000
yards of dirt from premises conveyed by it (Lots 14 to 30, Block 267, Rear. of St,
Louis Park) by January 1, 1955, it being determined that the value of the premises
so conveyed by the Village equals the value of the premises to be •so conveyed to
the Village;, also it being determined that ,the premises conveyed by the Village
are no longer needed for public purposes and the property to be^conveyed to the
Village will be of public use for gravel'and clay. Motion ,was passed by unanimous
vote of all Members of the Council,
Reconveyance of Lots Authorized
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the Mayor and
Clerk were authorized to execute reconveyance to the State Of Minnesota, fractional
parts of Lots 9 to 13 and 31 to 34 not vacated, Block267, Rearrangement of St. Louis
Park, by unanimous vote of all Members of the Council.
Ordinance No,. 436 SEE CORRECTED ORDINANCE NO. 436 ON PAGE 65
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. 436
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF ST. LOUIS PARK
The Village Council of the Village 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 reclassifica-
tion 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:
Lots 7 thru 19, Block 2; Lots 16 thru 24, Block 1;
and Lots 2, 3 and 4, Block 4, John A. Johnson's
Addition, and \
All that part of the S2 of Section 4, Township 117,
Range 21 lying south of State Highway No. 12, west of
Zarthan Avenue, east of Minneapolis, Northfield and
Southern Railway right-of-way, and north of the south
126 feet thereof,, not now within the Light Industrial
Zone,
shall be deleted from the Residence Use District and Commercial Use District and
included in the Light Industrial Use District and shall be subject to all of the
regulations of said Ordinance relating to said Light Industrial Use District.
Minutes
The minutes of meetings held November 9 and 16, 1953 were read. On motion
of Trustee Middleton, seconded by Trustee Jorvig, the minutes of meetings held
November 9 and 163, 1953 were approved as read by unanimous vote of all Members of
the Council,
62
November 23, 1953
Ordinance No. 437
On motion of Trustee Middleton, seconded by Trustee Jorvig, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. 437
AN ORDINANCE REQUESTING THE BUREAU OF CENSUS OF
THE UNITED STATES DEPARTMENT OF COMMERCE TO
TAKE A SPECIAL CENSUS OF THE POPULATION OF THE
VILLAGE OF ST. LOUIS PARK
The Village Council of the Village-of St. Louis Park ordains:
Section 1. It is hereby determined that it is for the benefit of residence,
trade and commerce and the promotion of convenience and the general welfare that
a special census of the population of the Village of St. Louis Park, as of on or about
January 1, 1954, shall be taken by the Census Bureau of the Department of Commerce
of the United States Government, in order that the substantial increase in popula-
tion of the Village since the taking of the decennial United States census of
1950 shall be officially determined.
Section 2. The Bureau of Census of the Department of Commerce of the
United Statgs Government is hereby requested to take such a special census and the
Mayor and Clerk are hereby authorized to execute a request for the same in the
form required by such Cencus Bureau, and payment of the cost thereof as determined
and .required by the said Census Bureau is hereby authorized.
Ordinance No. 438
On motion of trustee Bolmgren, seconded by Trustee Middleton, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. A38
AN ORDINANCE AMENDING THE BUILDING ORDINANCE OF
THE VILLAGE OF ST. LOUIS PARK AND REGULATING THE '
ISSUANCE OF PERMITS FOR ERECTION OF BUILDING IN
CERTAIN AREAS NOT DRAINED BY SANITARY OR STORM
SEWERS
The Village Council of the Village of St. Louis Park ordains.:
Section 1. It is hereby determined that the construction of dwellings
and residences within the corporate limits of the Village of St. Louis Park in
areas which are not drained by sanitary. or storm sewers, and which areas are low
in relation to surrounding lands so as to constitute natural depositaries for
surface waters, contain substantial deposits of clay soil, or underground water
which is close to the surface, has resulted, and will hereafter result, in unlawful
diversions of surface waters onto public streets and private property, had caused,
and will cause, great hardship, Financial loss and fraud to persons purchasing
such residences and dwellings, has created, and will create, hazards to health,
safety and welfare of the people of the Village because of impossibility of proper
disposal by cesspools and other soil absorption systems of sewage and domestic
wastes. from such residences and dwellings, and the existence of such conditions
often makes necessary the construction by the Village of sanitary and storm
sewers at a time when the development of property in the area does not justify
imposing upon the Village, and the taxpayers thereof, the very substantial cost of
such improvements which may exceed the value of the property benefited.
Section 2. Section 5 of Ordinance No-113 of the Village of St. Louis Park
entitled "An Ordinance regulating the construction, alteration, repair, equipment,
maintenance, demolition and removal of buildings or structures or parts thereof
within the limits of the Village of St. Louis Park for the purpose of promoting
the public safety, health and general welfare in said Village and for the pro-
tection of public and private property and the benefit of trade" adopted by the
Village Council March 17, 1937, as heretofore amended, is hereby further amended
by adding to Section 5, of Article I thereof a paragraph which shall read as
follows:
. "It shall be the duty of the Inspector of Buildings, upon receipt of an
application for permit to construct any building for residence or dwelling purposes
within the corporate limits of the Village, to investigate and determine whether
the land on which it is proposed to be constructed is low in relation to surround-
ing lands so as to constitute a natural depositary for surface waters; whether or
not such land is drained by sanitary and storm sewers of the Village; whether such
area is known to contain substantial deposits of clay soil which will not properly
absorb sewage and waste waters to be drained from the plumbing system provided
in said building; whether underground water tables are likely to be within 8 feet
November 23, 1953 6 3
Ordinance No. 438, Continued:
or less from the surface, and likely to interfere with proper absorption of such
sewage and waste from the building, or which are likely to cause the basement or
foundation of said buildings to be unsafe, unsanitary or filled with water from
time to time; whether the necessary filling and grading of the lot where such
building is to be constructed, in connection with the construction thereof, will
cause surface water naturally flowing on said land to be diverted, backed up or
otherwise cast upon public or private property in the vicinity; and whether the
construction of a residence or dwelling upon the premises is likely to cause -hard-
ship., financial loss or fraud `to any person purchasing or using the same, and
whether the construction of the building is likely to create a hazard to the safety,
health and welfare of the people 'of the Village because of the impossibility -of
drainage of subsurface or surface waters therefrom, and impossibility of disposal
within the soil surrounding such residence or dwelling of the sewage and waste waters
therefrom. If the Inspector of Buildings shall determine that any of the foregoing
conditions exist, he shall, before issuing any permit for construction of any build-
ing upon said premises, report the results of his investigation and determination
to the Village Clerk. The Village Clerk shall thereupon notify, in writing; the
applicant for such permit that the application has been referred to the Village
Council for considdration at its next regular meeting to be held within 10 days
thereafter, the date of which meeting shall be specified in the notice. At such
meeting the Village Clerk shall report said investigation and determination of
the Building Inspector to the Council, and the Council shall hear the applicant,
of he so desires, and may adjourn consideration and hearing for such reasonable
time as it determines proper. If the Village Council shall determine by resolution
after investigation that any one or more of the following factors exist, or will
result if the building permit is granted, the Council may by such resolution direct
the Inspector of Buildings to deny such building permit, and thereafter no such
permit shall be granted, provided that application for building permit on said
premises may be renewed, and permit granted, after construction of sanitary or storm
sewers in the area, or upon determination by the Village Council that the factors
upon which the denial of the permit was based have been altered, and the reasons
for denial of the permit have been removed:
(a) The land upon which the proposed building is to be erected is low
in relation to surrounding lands so as to constitute a natural depositary for
surface waters, or the soil of said land is known to contain substantial deposits
of clay, or underground water, so near the surface of the ground , as to interfere
with the drainage of sewage and waste waters from the building by known methods
of soil absorption, and there are no sanitary or storm sewers in the vicinity which
will provide drainage for the surface waters, or sewage waste waters, from the said
premises, or
(b) The grading, or filling, of the premises necessary in order to make
use of the building proposed to be erected will cause diversion or backing up of
surface waters onto adjoining public or private property under such circumstances
as would constitute a cause of action in favor of the Village or owner of such
property for injuntive relief or damages, or
(c) The construction of the proposed building will` result in hardship,
financial loss or fraud to persons purchasing or occupying the building proposed
to be constructed, or will create hazards to health, safety and welfare of the
prople of the Village of St. Louis Park because of the impossibility of properly
disposing of sewage and domestic waters from said building by cesspools or other
soil absorption systems, or will make necessary the construction by the Village of
sanitary and storm sewers which the Village Council does not consider necessary or
justified for improvement of the general area at that time.
Section 3. This Ordinance shall take effect from and after its publication.
Request for Rezoning
Letter from M. A. Davitt, President of Urbanite, Incorporated, dated
November 23, 1953, requesting the rezoning of that property located between Minne-
tonka Boulevard on the north, the ,Great Northern tracks on the West, Utah Avenue
on the East and 33rd Street on the South which is now open development, to Com-
mercial and Light Industrial Use, as well as heavy Industrial in that area nearest
the railroadq was read.
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the above
request for rezoning was referred to the Planning Commission for checking and recom-
mendation, with a request ,to hold a meeting to dtudy this matter not later than
December 9, 1953, by unanimous vote of all Members of the Council®
64 November 23, 1953
Applications for Intoxicating Liquor Licenses - Off-Sale and On-Sale
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the follow-
ing applications for renewal of intoxicating liquor licenses for the year
beginning December 15, 1953 and ending December 15, 1954 were approved, and the
Mayor and Clerk were authorized to issue said licenses; also the surety bonds
presented with the applications were approved, both subject to approval of the
State Liquor Control Commissioner, by unanimous vote of all Members of the
Council present:
1. Bunny's Tavern, Inc., 4730 Excelsior Blvd. Off-Sale and On-Sale
2. Culbertson's Cafe, Inc., 5916 Excelsior Blvd. Off-Sale and On-Sale
3. Giller Drug Company, Inc., 4008 Mtka. Blvd. Off-Sale
4. Harriett W. Jennings, 4608 Excelsior Blvd. Off-Sale
5. Andy Johnson, 7835 Wayzata Boulevard Off-Sale
6. Harold Kaplan, 8112 Minnetonka Blvd. Off-Sale
7. Peter Kosmas and Anthony Kallas, 4630 Excelsior
Boulevard On-Sale
8. Al's Liquor Store, 3912 Excelsior Blvd. On- Sale and Off Sale
9. Mc Carthy's St. Louis Park Cafe, Incorporated,
5600 Wayzata Boulevard- Off-Sale and On-Sale
10. Minneapolis Golf Club, Cedar Lake Road and
Flag Avenue On-Sale (Club License)
11. Carl Reiss, 6900 West Lake Street Off-Sale
Resolution
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following
resolution was adopted by unanimous ,vote of all Members of the Council present:
AMENDED RESOLUTION ORDERING STORM SEWER IMPROVEMENT
NO. 52-404
WHEREAS, the Village Council on June 15, 1953, ordered construction of a
storm sewer which extends westerly from Joppa Avenue along the north line of the
SE! of the SW4 of the SE! of Section 31, Township 29,--Range 24, thence north-
westerly to a point in Natchez Avenue approximately 165 feet north of 29th Street,
and
WHEREAS, it appears that it will be necessary to acquire an easement by
condemnation for the construction of said sewer and the Village already has such
an easement for an existing sanitary sewer extending from approximately said
f point in Natchez Avenue southeasterly to the intersection of Joppa Avenue and
West Sunset Boulevard, which is approximately the same course designated by said
resolution of June 15, 1953, for the,construction of storm sewer, the course of
said sanitary sewer being along the line of the existing county drainage ditch,
and
WHEREAS, it appears that construction of said storm sewer along the line of
said county ditch and within the easement already acquired for said sanitary
sewer will result in substantial saving of cost of acquisition of said storm sewer
easement and will result in no change in the functions and uses of said storm
sewer, and
WHEREAS, it appears that subsequent to acquisition by the Village of said
easement for sanitary sewer purposes title to some 'of the tracts affected has
been registered and, although the easement of the Village appeared of record in
the office of the Register of Deeds of Hennepin County, the Village ,was not made
a party to such registration proceedings nor give notice of the proceedings, and
title to the land was registered in the respective owners thereof without reference
to the said easement of the Village, therefore
BE IT RESOLVED that said resolution adopted June 15, 1953, is hereby amended
so that the course of the storm sewer therein ordered shall be as follows:
From Princeton Avenue connecting with existing sewer extending across
the line between Lots 5 and 6, Block 1, Starings Minnetonka Boulevard
Addition; thence east over the line between Lots 19 and 20, Auditor's
Subdivision No. 318 extending east to Ottawa Avenue and thence north
in Ottawa Avenue to the line between Lots 8 and 9, Auditor's Sub-
division No. 318; thence east along said line and along the north line
of Lot 4, said subdivision, to the NE Corner of said Lot 4; thence
south along the east line of said Lot 4 to a point 183.2 feet north of
the SW corner of the NWr of the SWC of the SE1, Section 31, Township
29, Range 24; thence southeasterly- in a straight line to a point on the
southerly boundary of said tract 109.5 feet west of the SE corner
thereof; thence continuing in a southeasterly direction in a straight
' I
November 23, 1953 S
Amended Resolution Ordering Storm Sewer
Improvement No. 52-404, Continued
line to a point on the center line of the S2 of the SW4 of the SE' 35 feet south
of the north line of said tract, where a manhole for the sanitary sewer exists;
thence continuing in a straight line in a southeasterly direction to intersect
the north to south center line of the SE4 of the SW4 of theSE4 of said Section
31 at a point 215.8 feet south of the north line of said tract; where a manhole
for the sanitary sewer exists; thence northeasterly in a straight line a distance
of 283.9 feet to a point on a line 66 feet west of and running parallel to the
east boundary of the SE4 of the SW4 of the SE4 186.2 feet south of the north line
of the SE-1 4 of the SW4 of the SE4; thence continuing in a straight line through the
east 66 feet of the SE-1 4 of the SW4 of the SEP to a point on the east boundary of
said tract 186 feet South of its northerly boundary.
And it appearing that easem6nt for said storm sewer cannot be obtained by ne-
gotiation, it is hereby determined that it is necessary to take an easement over
the private property along which the line of said sewer is to be constructed as
above, said easement to include the right to enter upon said premises and to
excavate the soil and to construct 'and install therein a storm sewer and to forever
maintain said storm sewer for the passage of storm and surface waters, together
with the right to forever maintain existing sanitary sewer extending over the line
of said easement, from Joppa Avenue to Natchez Avenue, including also the right to
enter upon said premises at all times for the purpode of inspecting, repairing and
reconstructing said storm and sanitary sewers.
Settle Claim for Damages - Almina Westergaard
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the Village
Attorney was authorized to settle claim of Almina Westergaard on account of injury
to knee caused by fall on sidewalk on July 1, 1953 at 6424 Minnetonka Boulevard
for the sum of $150.00, by unanimous vote of all Members of the Council.
Acting Mayor Designated
On motion of Trustee Jorvig, seconded by Trustee Middleton, Trustee Bolmgren
was designated as acting mayor in the absence of Trustee Jorvig and Mayor Hurd,
by unanimous vote of all Members of the Council.
Re: Trucks Using Quebec from Lake to Highway #7
W. Nichols, 3755 Quebec Avenue spoke regarding the many trucks using Quebec
Avenue from Lake Street to Highway No. 7, stating that Quebec Avenue is not a hard
topped road. The Village Attorney was instructed to prepare an amendment to
Ordinance No. 128' to include more residential streets in same.
Literature for Civil Defense
On motion of Trustee Jorvig, seconded by Trustee Middleton, the Clerk was
authorized to purchase for Civil Defense from Superintendent of Documents, Washing-
ton, D. C., literature shown on Requisitions 422 thru 425 at a cost of $700.05,
by unanimous vote of all Members of the Council.
Corrected Ordinance No. 436 (See Page 61)
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE NO. 436
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF ST. LOUIS PARK
The Village Council of the Village 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 reclassifica-
tion 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:
N. 325 ft. of the NE' of the SW4 of Section 5, Township 117,
Range 21, except the West 100 feet thereof;
Lots 3 thru 14; 110; 117 thru 123; 226 thru 232; 237 thru
240; 343 thru 349; 353 thru 356; 459 thru 462, Richmond
Addition, and
West 165 ft. of the NE' of the SE4, Section 5, Township 117,
Range 21 lying N. of 14th Street extended east from Hampshire
Avenue and south of existing commercial zone adjacent to
Wayzata Boulevard,
November 23, 1953
Corrected Ordinance No. 436, Continued
shall be deleted from the Open Development Use District and Residence Use District
and shall be included in the Commercial Use District and shall be subject to all
of the regulations of said Ordinance relating to said Commercial Use District.
Section 2. Section 2.2 of said ordinance and the use district maps therein
referred to are hereby further amended as follows:
All that part south of Wayzata Boulevard of the NEI of the SEI,
Section 5, Township 117, Range 21 lying south of the existing
portion thereof which is within the Commercial Use District
and which is east of the west 165 feet of said NEI of said SE�
and lying north of 14th Street extended east, provided that
no building shall be erected thereon within 30 feet of Dakota
Avenue;
Lots 7 thru 19, Block 2; Lots 16 thru 24, Block 1; Lots
2, 3, and 4, ,Block 4, John A. Johnson's Addition; and
All that part of the NWI. of the Sz of Section 4, Twp.
117, Range 21 lying south of State Highway No. 12, east
of the M. -
& S. Ry. right-of-way, and north of the
south 126 feet thereof, not now within the Light Industrial
Zone,
shall be deleted from the Residence Use District and Commercial Use District and
shall be included in the Light Industrial Use` District and shall be subject toall
of the regulations of said ordinance relating to said Light Industrial Use District.
Section 3. Section 14.2 of said ordinance and the density district maps
therein referred to are hereby further amended as follows:
All lots and tracts ,described in Section 1 and 2 above, and
all of Block 5, Thorpe Brothers University Club Addition and
the vacated portion of West 16th Street from Colorado Avenue
to the M. N. & S. Ry. right-of-way,
shall be deleted from "A" or "B" Density District and included within the "C"
Density District and shall be subject to 'all of the regulations of said ordinance
relating to said "C" Density District.
Meeting Adjourned
On motion of Trustee Middleton, seconded by Trustee Jorvig, the meeting
was adjourned at 11:40 P. M., by unanimous vote of all Members of the Council.
C. L. HURD; Mayor
ATTEST:
JOJPH JU AD, Clerk