HomeMy WebLinkAbout1953/02/02 - ADMIN - Minutes - City Council - Regular 158 February 2, 1953
REGULAR MEETING FEBRUARY 2. 1953
A regular meeting of the Village Council was called to order by Mayor
C. L. Hurd at 8:10 P. M.
Invocation was given by Reverend Lloyd M. Nordstrom of Park Baptist
Church.
The following Council Members were present at roll_ call as follows:
Trustee Bolmgren
Trustee Jorvig
Trustee Middleton
Clerk Justad
Mayor Hurd
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 unanimous vote of all Members of the Council:
American Cast Iron Pipe Company 31.92 American Gas Association 125.00
Automatic Voting Machine Corp. 3325.75 John Becker, Jr. 2.50
rt it if if 3228.96 Hartford H. Berglund 33.60
A. B. Bjornson 45.00 Borchert-Ingersoll, Inc. 3.02
n if It 12.00 if if it 16.31
Brookside Hardware 2.4.0 Circulating Oil Heater Serv. 6.50
tt it 17.98 Crown Rubber Stamp Co. 5.08
it it 3.17 Dahlberg Brothers, Inc. 84.44
Faegre & Benson 593.50 " " " 3.31
it If 185.00 n n t► 31.08
Fairbanks, Morse & Company 1.00 " if It 30.57
Firestone Stores 35.88 Alfred Formo 45.92
If tt 68.36 Freelands Food Market 3.00
it It 5.88 it it rt 5.25
Goodwin Joss Laboratories 4.00 Martin H. Heinecke 53.30
Helwig Company 1.84 Hobart Bros. Sales & Service 33.58
Home Hardware 2.40 International Association of
Jerry's Shell Service 25.72 Fire Chiefs 7.00
Jessing Paint & Wallpaper Co. 17.40 Jerry's Shell Service 24.85
Landers-Norblom-Christenson Co. 81.41 " it tt 16.00
Lloyd J. Loachim 2.50 it It If 2.00
Lumber Stores, Inc. 8.64 Wm. H. Mc Coy 325.00
it if 26.10 Miller-Davis Company 19.90
it tt it 25.20 It n if 6.25
Minneapolis City Treasurer 6714.40 Minneapolis Iron Store 9.25
if it rt 1556.52 tt If it 86.00
Minn. Fire Equipment Co. 51.58 " It if 3.$0
Edmund T. Montgomery 45.60 " If it 10.78
it If n 20.00 n it it 2.50
it It if 50.00 tr n of 34.50
it It if 200.00 " " it 7.75
rr it n 10.00 it If if 16.07
if it n 20.00 It if of 11.91
Mueller Company 14.10 it " of 1.33
Murray Auto Company, Inc. 3.75 if " it 131.50
NW Nat'l. Bank, Minneapolis 354122.04 It " it 46.56
W. S. Scott Company 6.02 it " it 2.52
J. C. Penney Company 35.00 Petroleum Service 73.04
Pockrandt Lumber & Fuel Co. 3.44 Poucher Printing & Lithographing
it if It n 6.56 Company 106.50
It tt it tt 3.44 tt �� it " 274.50
It It it .35 Quaker Rubber Corporation 120.00
The C. Reiss Coal Company 160.29 " " " 220.00
Gertrude Renner 9.31 It it " 125.00
Resthaven 150.00 H. A. Rogers Company 36.75
Standard Oil Company 14.70 " " if " 36.00
Peter Stienstra 31.57 " " it " 60.44
Helen L. Bradley, DBA Suburban Terry Brothers, Inc. 40.00
Sanitary Drayage Co. 7758.06 H. R. Toll Company 98.53
Village of St. Louis Park Ira M. Vraalstad 27.37
Special Assessment Dept. 1721.25 Western Windshield Service 2.25
it it it tt 530.12 Williams Hardware Co. 11.31
Wisconsin Hotel 26.00 it If It 6.73
Wm. H. Ziegler Company 25.48
February 2, 1953 �.59
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Hearing on Application for Off-Sale Liquor License - Carl Reiss
Pursuant to notice published in the St. Louis Park Dispatch January 29, 1953,
a public hearing was had on the application of Carl Reiss for a license to sell
intoxicating liquor off-sale at 6900 West Lake Street in St. Louis Park. The follow-
ing persons appeared:
Reverend Lester Nelson, pastor for Evangelical Free Church said he was
opposed to the" issueing of this license; also Mr. P. E. Skanse, Glen Farmer, Mr.
Robert Goto, 2704 Georgia Avenue, R. W. Zakariasen, 3104 Dakota Avenue, Harold
Applequist, 4128 Brookside Avenue, H. M. Hokenson, 5500 Minnetonka Boulevard,
Dwight Hokenson, 2621 Toledo Avenue, Earl Otto, 2805 Florida Avenue, and Reverend
G. L. Lundquist, pastor, Prince of Peace Luthern Church said they were opposed to
the issuance of this license.
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the application
of Carl Reiss for a license to sell intoxicating liquor off-sale at 6900 West Lake
Street was approved by the following roll call vote:` Trustee Bolmgren, yea;
Trustee Jorvig, nay, Trustee Middleton, yea; Clerk Justad, nay, Mayor Hurd, yea.
Hearing'on Application for Off-Sale Liquor License - Harold Kaplan
Pursuant to notice published in the St. Louis Park Dispatch January 29, 19532
a*public hearing was had on the application of of Harold Kaplan for a license to
sell intoxicating liquor off-sale at 8112 Minnetonka Boulevard, St. Louis Park.
The following persons appeared:
M. L. Kerr, 3256 Texas Avenue appeared in opposition to this license, and
to the issueing of any other license of this nature in this area. Reverend
Lester Nelson, pastor, Evangelical Free Church also spoke in opposition to this
license.
Trustee Bolmgren explained the census restriction under 10,000 population.
Now with a population of 22,644 we are allowed ten on-sale licenses, and an un-
limited number of off-sale licenses.
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the application
of Harold Kaplan for a license to sell intoxicating liquor off-sale at 8112 Minne-
tonka Boulevard in St. Louis Park was approved by the following roll call vote:
Trustee Bolmgren, yea; Trustee Jorvig, nay, Trustee Middleton, yea; Clerk Justad,
pay, Mayor Hurd, yea.
Hearing on Application for Off-Sale Liquor License - Myon Zoss
Pursuant to notice published in the St. Louis Park Dispatch January 29, 19530
a public hearing was had on the application of Myron Zoss for a license to sell
intoxicating liquor off-sale at 8014. Minnetonka Boulevard in St. Louis Park. The
follo;•ring persons appeared:
Forst Lowery, 3010 Decatur Avenue said many people in this general area
that he knows do not object to off-sale an off-sale liquor license in this area
if they know the operator, and he feels that Myron Zoss will operate a package
store in a good way, and asked that his application be approved. Mr. John
Lambert, 5924 West 34th Street asked how the application was acquired. Said he
was opposed to two licenses in this area. . George Berglund, 4253 Vernon Avenue
said he was opposed to all licenses due to what liquor does to its users. He
feels that we should cut down the number of licenses issued.
Phillip O'Brian, 4109 Utica Avenue feels that there are rights for all.
Liquor should be controlled, but those who want same should be allowed to have it.
Al Mc Leod, 3946 Alabama Avenue complimented the Council, also Trustee Jorvig on
action taken this evening. Said he would protest any more licenses. George
Fridley, 3053 Nevada Avenue said he has lived here a year, and has no objection
to package stores. People can get it from Minneapolis. Spoke well'of Mike Zoss,
as a good Druggist. Wants to go on record for one more license -- for Mike Zoss
Glen Farmer, 2853 Dakota Avenue asked if Mike Zoss was going to operate his
license in the Drug Store. Mayor Hurd said he thinks he is from the address
given. Mr. Farmer said he was opposed to a liquor license in a Drug Store. Mr.
Le Roy P. Gager, 4220 Webster Avenue feels that this license should not be given,
to operate in a Drug Store.
Trustee Bolmgren explained that he has known Harold Kaplan and Carl Reiss
for a long time and feels that they will conduct the business right which is why
he supported their licenses. However, he does not feel that we should have an
unlimited number of licenses (off-Sale).
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the application
of Myron Zoss for a license to sell intoxicating liquor off-sale at 8014 Minnetonka
160 February 2, 1953
Hearing on Application for Liquor License Off-Sale, Cont'd. - Myron Zoss
Boulevard was denied by the following roll vote: Trustee Bolmgren, yea;
Trustee Jorvig, yea; Trustee Middleton, nay, Clerk Justad, yea; Mayor Hurd, ON
yea.
Hearing on Application for Liquor License - On-Sale Nicholas B. Phillips
Pursuant to notice published in the St. Louis Park Dispatch January 29,
1953, a public hearing was had on the application of Nicholas B. Phillips for a
license to sell intoxicating liquor on-sale at 3901 Wooddale Avenue in St. Louis
Park. The following persons appeared:
Mr. D. S. FeidtL, representing Nicholas B. Phillips requested that the
Council defer action on this application for one week.` Trustee Bolmgren the `
limited on-sale license granted to Mr. Phillips on December 10, 1951. Mayor
Hurd read the action taken by the Council on that date concerning same. Reverend
Lester Nelson of Free Evangelical Church asked Mr. Feidt why a change of this
type of license is needed. Mr. Feidt said that the remodeling cost more than
was figured so needs the unrestricted license for additional income. Reverend
Nelson spoke of liquor in general. Said a good group of citizens in St. Louis
Park are in opposition to a full license, and it should not be granted.
Mr. C. T. Skanse, 4337 Utica Avenue asked Mr. Feidt if he said that Mr.
Phillips has a hard time turning down people who want to drink at the bar. No
answer. Phillip O'Brien, 4109 Utica Avenue feels that an unrestricted license
would not change the situation as far as children are concerned. Said he was in
the wholesale liquor business and not acquainted with Phillips or Feidt. Harold
Applequist, 4128 Brookside Avenue spoke of the meeting held in December, 1951,
and also feels that this request of Mr. Phillips is undesireable and should be
refused.
M. C. Lamberg, 4134 Yosemite Avenue spoke in opposition to the application.
He mentioned the youth in the adjacent bowling alley and feels that liquor should
be kept as far as it can be from them. Le Roy Gager, 4220 Webster Avenue said
he is opposed to Mr. Phillips request for this license. He is not against
individuals, but liquor traffic. Asked if his present license could be revoked.
Mayor Hurd said that that matter is not before the Council at this time.
On motion of Trustee Jorvig, seconded by Clerk Justad, the application of '
Nicholas B. Phillips for an unrestricted license to sell intoxicating liquor
on-sale at 3901 Wooddale Avenue was denied. Before calling for the vote;
Trustee Middleton asked that this action is only on the license application now
before us, dated January 26, 1953? The answer was yes. Motion for denial was
unanimous.
Reluest for change in Setback - E. A. Charles
E. A. Uharles appeared with regard to a change in setback for 6009 Excelsior
Boulevard. His request was for a 10 foot setback instead of the present 20
foot setback now required. He was told that his request could not be granted.
Application for License for Off-Sale Liquor - Park -Drug
On -motion of Trustee Middleton, seconded by Trustee Bolmgren, the application
of Peter •D. Zimmerman of the Park Drug for a license to sell intoxicating liquor
off-sale at 3400 Dakota Avenue in St. Louis Park which was tabled on January 19,
1953, .was taken from the table, by unanimous vote of all Members of the Council.
Application for License to Sell Liquor Off-Sale, Denied - Park Drug
On motion of Trustee Bolmgren, seconded by Trustee Jorvig, the application
of Peter D. Zimmerman of the Park Drug for a license to sell intoxicating liquor
off-sale at 3400 Dakota Avenue was denied by unanimous vote of all Members of the
Council.
Hearing Date Re-set for Water Main Extensions
On motion of Trustee Bolmgren, seconded by Trustee Middleton the date of
hearing set on January 26, 1953, for February 23, 1953, on proposed water main
extensions at various locations in the Village (page -156) was re-set for March 21
1953•, by unanimous vote of all Members of the Council.
1953 Licenses Approved
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the following
applications for 1953 licenses were approved, and the Mayor and Clerk were author-
ized to issue licenses to expire December 31, 1953, by unanimous vote of all
Members of the Council:
Accurate Plumbing & Heating Company Plumbing
Holland Furnace Company Heating
Fox Plumbing & Heating Company Plumbing
Sachs and Company Plumbing
Minneapolis Gas Company Gas Connections
February 2, 1953 ��
Bonds
On motion of Trustee Jorvig, seconded by Trustee Middleton, the following
bonds were approved by unanimous vote of all Members of the Council present:
PLUMBING LICENSE BOND with Virgil L. Beck and
Elmer L. Swanson, DBA Hopkins Plumbing & Heating
Company as principal, and Hartford Accident and
Indemnity Company as surety, dated January 2, 1953,
in the amount of $$4,000.00.
HEATING LICENSE BOND with A. W. Hammerlund DBA
Hammerlund Sheet Metal as principal, and Hartford
Accident and Indemnity Company as surety, dated
December 31, 1952, in the amount of $$1,000.00.
HEATING LICENSE BOND with Spencer Air Conditioning
Company as principal, and Hartford Accident and
Indemnity Company as surety, dated December 22, 1953,
in the amount of $1,000.00.
PLUMBING LICENSE BOND with Louis Klugman and Maurice
Klugman, DBA Klugman Plumbing Company as principal,
and London & Lancashire Indemnity Company of America
as surety, dated December 22, 1952, in the amount of
$4.,000.00.
HEATING LICENSE BOND with Walter G. Erickson, DBA
Superior Furnace Company as principal, and The Ohio
Casualty Insurance Company as surety, dated December
31, 1952, in the amount of $$1,000.00.
HEATING LICENSE BOND with Albert M. Allan and James
D. Allan, DBA Allan Sheet Metal Shop as principal, and
The Fidelity and Casualty Company of New York as surety,
dated December 12, 1952, in the amount of $$1,000.00.
PLUMBING LICENSE BOND with Leo J. Reifel and Jerome J.
Berg, co-partners, DBA Standard Plumbing Company wa
principal, and Standard Accident Insurance Company as
surety, dated November 18, 1952;•in the amount of
$4,000.00.
CONTINUATION CERTIFICATE FOR PLUMBING LICENSE BOND
with R. J. Mangan Company, a corporation as principal,
and Commercial Insurance Company as surety, dated
December 15, 1952, in the amount of $$4,000.00.
CONTINUATION ENDORSEMENT FOR HEATING LICENSE BOND with
John P. Jensen and Willis F. Ewing and Vincent Peterson,
DBA St. Anthony Sales and Service Company as principal,
and American Automobile Insurance Company as surety,
dated December 24, 1952, in the amount of $$1,000.00.
HEATING LICENSE BOND with Burnieces Heating & Sheet
Metal Company as principal, and Western Surety Company
as surety, dated September 30, 1952, in the amount of
$$1,000.00.
GAS INSTALLATION BOND with Blank's Heating & Sheet
Metal Company as principal, and The Fidelity and Casualty
Company of New York as surety, dated January 15, X953,
in the amount of $11000.00.
GAS INSTALLATION BOND with Louis and Maurice Klugman,
DBA Klugman Plumbing Company as principal, and London
and Lancashire Indemnity Company of America as surety,
dated January 23, 1953, in the amount of $$1,000.00.
GAS INSTALLATION BOND, with Minneapolis Gas Company
as principal, and United States Fidelity and Guaranty
Company as surety, dated December 30, 1952, in the
amount of $1,000.00.
HEATING LICENSE BOND with Holland Furnace Company as
principal, and Maryland Casualty Company as surety,
dated October 31, 1952, in the amount of $1,000.00.
162 February 2, 1953
Bonds, Continued
CONTINUATION CERTIFICATE FOR HEATING LICENSEa
BOND with Twin City Plumbing and Heating Company
as principal, and Commercial Insurance Company
as surety, dated December 162 1952, in the amount
of $1,000.00.
CONTINUATION CERTIFICATE FOR PLUMBING LICENSE BOND.,
with L. C. Ralph, DBA Kenwood Plumbing and Heating
Company as principal, and Commercial Insurance
Company as surety, dated December 152 1952, in the
amount of $4,000.00.
CONTINUATION CERTIFICATE FOR HEATING LICENSE BOND,
with H. 0. Soderlin as principal, and Commercial
Insurance Company as surety, dated December 15, 1952,
in the amount of $1,000.00.
Petitions for Water Main
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the following
petitions were referred to the Village Engineer, Special Assessment Department
and Water Department Committee for checking and recommendation, by unanimous vote
of all Members of the Council:
P-1250 PETITION FOR WATER MAIN, signed by S. A. Ecklund, dated
February 3, 1953, for the construction of water main in
FLAGG AVENUE FROM CEDAR LAKE ROAD TO WEST 26TH STREET.
P-i251 PETITION FOR WATER MAIN, signed by S. A. Ecklund, dated
February•3, •1953, for the construction of water main in
WEST 26th STREET FROM FLAGG AVENUE TO BOONE AVENUE.
P-1252 PETITION FOR WATER MAIN, signed by S. A. Ecklund, dated
February 3, 1953, for the construction of water main in
BOONE AVENUE FROM WEST 26TH, STREET TO CEDAR LAKE ROAD.
P-1253 PETITION FOR-WATER MAIN, signed by S. A. Ecklund, dated
February 3, 1953, for the construction of water main in
CEDAR LAKE ROAD FROM BOONE AVENUE TO FLAGG AVENUE.
P-1254 PEPITION'FOR WATER MAIN, signed by S. A. Ecklund, dated
February 32 1953, for the construction of water main in
STANLEN STREET FROM CEDAR LAKE ROAD TO FLAGG AVENUE.
Bingo
Letter from- L. J. Ulrich, Party Chairman, St. Louis Park High School PTA,
dated January 312 1953, requesting permission to play bingo at their Annual
Square Dance and Bingo Party to be held at the High School on February 202 19532
was read. No objections raised. No action taken.
Proposed Plat - West Texa-Tonka Hills Addition
The Planning Commission's report on proposed West Texa-Tonka Hills Addition,
dated January 8, 1953, read at meeting of January 26, 1953, and action deferred
to this meeting was again considered. Letter from the School Board dated January
31, 1953 was read, and another report from the Planning Commission dated
February 2, 1953 was read.
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the revised
tentative plat of West Texa Tonka Hills Addition, dated January 292 1953, was
approved by unanimous vote of all Members of the Council except Trustee Jorvig
not voting.
Off Sale Liquor Bond - Mc Carthy's St. Louis Park Cafe, Inc.
On motion of Trustee Bolmgren, seconded by Trustee Middleton, the surety
bond with Mc Carthy's St. Louis Park Cafe, Incorporated as principal, and Western
Surety Company as surety, dated January 16, 1953, in the amount of $2,000.00,
covering license to sell intoxicating liquor off-sale for period of December 152
1952 to December 152 1953, was approved by unanimous vote of all Members of the
Council present.
Certificate of Insurance (Workman's Compensation)
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, Certificate of
Insurance for Workman's Compensation and Employer's Liability, Policy C-264-0022
effective January 12 1953 to expire January 12 1954, with Victor Carlson & Son,
Incorporated, and Carlson-Levine, Incorporated as the insured, and the American
Associated-Insurance Companies as insuror, covering construction operations in
the Village for the year, 19532 was approved by unanimous vote of all Members of
the Council.
February 2, 1953 hes
Request for Credit for Unused Portion of Licenses - F. S. Lamson Co.
Letter from F. S. Lamson Company, inc., dated January 27, 1953, requesting
credit for unused portion of 1953 heating and plumbing licenses so that they may
obtain credit on their bonds covering same, was read.
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, -Heating License
No. 326 and Plumbing License No. 375 for the year 1953 for F. S. Lamson, Inc.,
1013 Marquette Avenue, Minneapolis, Minnesota were canceled as requested by them
in their letter dated January 27, 1953, by unanimous vote of all Members of the
Council present.
Railroad & Warehouse Commission's Report on Bus Rates
Report on findings of fact and order in the matter of the application of
Twin City Motor Bus Company for the fixing of just and reasonable rates of fare
for the transportation of passengers by applicant as an auto transportation
company, pursuant to Chapter 221 Minnesota, was read and ordered filed.
Appointment to Planning Commission
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the reappoint-
ment of Edward R. Ludwig to the Planning Commission for term expiring February 7,
1958, was approved by unanimous vote of all Members of the Council.
Quotation on Todd Protectograph
Letter from The Todd Company, Incorporated, dated January 30, 1953, sub-
mitting a quotation on One (1) Hand Model 74-7 Bank Todd Protectograph of $185.00
less an allowance of $20.00 for our old machine, was read.
On motion of Trustee Jorvig, seconded by Trustee Middleton, the Clerk was
authorized to issue purchase for above described protectograph at net price of
$165.00, from the Todd Company, Incorporated, by unanimous vote of all Members of
the Council.
Building Inspector's Report for January, 1953
The Building Inspector's report for the month of January, 1953, showing a
total of 1.4 building permits issued, totaling $413,635.00, was read and ordered
filed.
Building Inspector's Weekly Report
The Building Inspector's report for week ending January 30, 1953, totaling
$173,000.00, was read and ordered filed.
Fire Department's Monthly Report
The Fire Department's report of fires for the month of January, 1953 was
read and ordered filed.
- Police Report for January, 1953
The following Police Report for January, 1953, was read and ordered filed:
Arrests 27
Radio Calls 209
Accidents 29
Phone Calls 17
Mileage 13,088
Gas 1,180
Oil 43
Justice of Peace Report of Fines - Linnee
Justice of Peace E. A. Linnee's report of fines dated January 28, 1953, was
read and ordered filed.
Justice of Peace Report of Fines - Yngve
Justice of Peace Anton Yngve's report of fines, dated February 2, 1953, was
read and ordered filed.
Washington's Birthday
Due to Washington's Birthday, a legal holiday for Village Employees falling
on Sunday, February 22nd, 1953, it was moved by Trustee Middleton, seconded by
Trustee Bolmgren that Monday, February 23, 1953 was designated as a holiday for
Village Employees, and the Council Meeting scheduled for that date was::canceled,
by unanimous vote of all Members of the Council present.
Minutes
On motion of Trustee Middleton; seconded by Trustee Bolmgren, the minutes
of meeting held• January 26, 1953, were read and approved,as read, by unanimous
vote of all Members of the Council.
164 February 2, 1953
Report on Request for Federal Funds for Roads
Letter from United States Senator, Edward J. Thye, dated January 30, 1953, �
enclosing a copy of the report from-the Commissioner of Public Roads, dated
January 21, 1953, in response to our resolution requesting additional federal
funds for Highway and road use, adopted by the Village Council on December 15,
1952, was read.
On motion` of Clerk Justad, seconded by Trustee Jorvig, the above mentioned
report was referred to Trustee Middleton for checking and recommendation, by
unanimous vote of all Members of the Council.
New Grade Approved
On motion of Trustee Jorvig, seconded by Trustee Middleton, the new grade
on Cedar Lake Road (County Highway No. 16) from the Great Northern Tracks Bridge
on Highway No. 100 to a distance of approximately 4935 feet west, as established
by the Hennepin County Engineering Department and submitted by them, was approved
by unanimous vote of all Members of the Council present.
Proposed Settlement of Court Action - James Mac Ivar
On motion of Trustee Middleton, seconded by Trustee Bo]mgren, proposed
settlement of action pending in District Court entitled James Mac Ivar as father,
etc. and James Mac Ivar vs Village of St. Louis Park was approved on the recom-
mendation of the Village Attorney at $6150.00, by unanimous vote of all Members
of the Council.
`Ordinance No. 409
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the following
ordinance was adopted by unanimous vote of all Members of the Council:
ORDINANCE N0. 409
AN ORDINANCE PROVIDING FOR CIVIL DEFENSE AND ESTABLISHING
A CIVIL DEFENSE AGENCY IN THE VILLAGE OF ST. LOUIS PARK DURING CIVIL
DEFENSE EMERGENCIES
The Village Council of the Village of St. Louis Park ordains:
Section 1. Policy and Purpose.
Subdivision 1. It is hereby found and declared to be necessary:
(a) To establish a local civil defense agency;
(b) To provide for the exercise of necessary powers during
civil defense emergencies;
(c) To provide for the rendering of mutual aid between the
Village and other political subdivisions of this state and of other states with
respect to the carrying out of civil defense functions.
Section 2. Definitions.
Subdivision 1. "Civil Defense" means the preparation for and the carry-
ing out of all emergency functions, other than functions for which military forces
are primarily responsible, to prevent, minimize and repair injury and damage
resulting from disasters caused by enemy attack, sabotage or other hostile action.
These functions include, without limitation, fire-fighting services, police-
services, medical and health services, rescue, engineering, air-raid warning
services, communications, radiological chemical and other special weapons defense,
evacuation of persons from stricken areas, emergency welfare services, emergency
transportation, existing or properly assigned functions of plant protection,
temporary restoration of public utility services, and other functions related to
civilian protection, together with all other activities necessary or incidental
to preparation for all carrying out of the foregoing functions.
Subdivision 2. "Civil Defense Emergency" means an emergency declared
by the Governor under the Minnesota Civil Defense Act of 1951, Laws 1951,
Chapter 694, Section 301.
Subdivision 3. "Civil Defense Forces" means any personnel employed by
the Village and any other volunteer or paid member of the local civil defense
agency engaged in carrying on civil defense functions in accordance with the
provisions of this ordinance or any rule or order thereunder.
Section 3. Establishment of Civil Defense Agency.
Subdivision 1. There is hereby created within the Village government
a civil defense agency which shall be under the supervision and control of a
director of civil defense, hereinafter called the director. The director shall
February 2, 1953 165
Ordinance No. 409, Cont'd.
Section 3, Sub. 1 -----
be appointed by the Mayor for an indefinite term and may be removed by him at
any time. He shall serve without salary, but shall be paid his necessary
expenses. The director shall have direct responsibility for the organization,
administration and operation of the civil defense agency, subject to the direction
and control of the Mayor. The civil defense agency shall be organized into such
divisions and bureaus, consistent with state and local civil defense plans, as
the director deems necessary,to provide for the efficient performance of local
civil defense functions during a civil defense emergency.
Subidivision 2. There is hereby created within the civil defense
agency a civil defense advisory committee, hereinafter called the "committee.',
Members of the committee shall be appointed by the Mayor to represent village
departments and other groups concerned with civil-defense. The Mayor shall be
chairman and the director shall be secretary of the committee. The committee
shall advise the director and the Village Council on all matters pertaining to
civil defense. Each member shall serve without compensation and shall hold office
at the pleasure of the Mayor.
Section 4. Powers and Duties of the Director.
Subdivision 1. The director, with the consent of the Mayor, shall
represent the Village on any regional or state organization for civil defense.
He shall develop proposed mutual aid agreements with other political subdivisions
within or outside the state for reciprocal civil defense aid and assistance in a
civil defense emergency too great to be dealt.with unassisted, and he shall be
consistent with the state civil defense plan and during a civil defense emergency,
it shall be the duty of the civil defense agency and civil defense forces to render
assistance in accordance with the provisions of such mutual aid arrangements.
Subdivision 2. The director shall make such studies and surveys of the
manpower, industries, resources, and facilities of the Village, as he deems
necessary to determine their adequacy for civil defense and to plan for their
most efficient use in time of a civil defense emergency.
Subdivision 3. The director shall prepare a comprehensive general plan
for the civil defense of the Village and shall present such plan of same to the
Council for its approval. When the Council has approved the plan by resolution,
it shall be the duty of all municipal agencies and all-civil defense forces of
the Village to perform the duties and functions assigned by the plan as approved.
The plan may be modified in like manner from time to time. The director shall
coordinate the civil defense activities of the Village to the end that they shall
be consistent and fully integrated with the civil defense plan of the Federal
Government and the State, and correlated with the civil defense plans of other
political subdivisions within the State.
Subdivision 4. The director shall utilize, the personnel, services,
equipment, supplies and facilities of 2xisting departments and'agencies of the
Village to the maximum extent practicable. The officers and personnel of all such
_ departments and agencies shall, to the maximum extent practicable, cooperate with
and extend such services and facilities to the local civil defense agency and to
the Governor upon request. The head of each department and agency, in cooperation
with and under the direction of the director, shall be responsible for the plan-
ning and programming of such civil defense activities as will involve the
utilization of the facilities of his department or agency.
Subdivision 5. The director shall, in cooperation with existing Village
Departments and Agencies affected, organize, recruit, and train air-raid wardens,
auxiliary police, auxiliary firemen, emergency medical personnel, and any other
personnel that may be required on a volunteer basis to carry out the civil defense
plans of the Village and the State. To the extend that such emergency personnel
is recruited to augment a regular village department or agency for civil defense
emergencies, it shall be assigned to such department or agency for purposes of
administration and command. The director may dismiss any civil defense volunteer
at any time and require him to surrender any equipment and identification furnished
by the village.
Subdivision 6. As authorized by the Village Council and consistent with
the civil defense plan, the director shall provide and equip emergency hospitals,
casualty stations, ambulances, canteens, dvacuation centers, and other facilities,
or conveyances for the care of injured or homeless persons.
1,66 . February 2, 1953
Ordinance No. 409, Continued +�
Section 4, Sub. 7 ---
Subdivision 7. As authorized by the Village Council and consistent
with the civil defense plan, the director shall provide and equip at some
suitable place in the Village a control center and, if required by thq State
civil defense plan, an auxiliary control center to be used during a civil defense
emergency as headquarters for direction and coordination of civil defense forces.
He shall arrange for representation at the control ceXiter by municipal depart-
ments and agencies, public utilities and other agencies authorized by federal or
state authority to carry on civil defense activities during a civil defense
emergency. He shall arrange for the installation at the control center of
necessary facilities for communication with and between heads of civil defense
divisions, the stations and operating units of municip4l services and other
agencies concerned with civil defense and for communication with other com-
munities and control centers within the surrounding area and with the Federal
and State Agencies concerned.
Section 5. General Provisions on Civil Defense Workers.
Subdivision 1. No person shall be employed or associated in any
capacity in the civil defense agency who advocates or has advocated a change by
force or violence in the constitutional form of government of the United States
or of this State, or the overthrow of any government in the United States by
force or violence, or who has been convicted of, or is under indictment for
information charging any subversive act against the United States. Each person
who is appointed to serve in the civil defense agency shall, before entering
upon his duties, take an oath in writing as prescribed by the Minnesota Civil
Defense Act of 1951, Section 403.
Subdivision 2. Civil defense volunteers shall be called into service
oxily in case of a civil defense emergency for which the regular municipal forces
are inadequate, or for necessary training and preparation for such emergencies.
All volunteers shall serve without compensation.
Subdivision 3. Each civil defense volunteer shall be provided with
such suitable insignia or other identification as may be required by the Director.
Such identification shall be in a form and style approved by the federal govern-
ment. No volunteer shall exercise any authority over persons or property of
others without his identification. No person except an authorized volunteer
shall use the identification of a volunteer or otherwise represent himself to be
an authorized volunteer.
Subdivision 4. No civil defense volunteer shall carry any firearm
while on duty except*on written order of the Chief of Police Department.
Subdivision 5. Personnel procedures of the Village applicable to
regular employees shall not apply to volunteer civil defense workers, but shall
apply to paid employees of the civil defense agency.
Section 6. Emergency Regulations.
Subdivision 1. Whenever necessary to meet a civil defense emergency
or to prepare for such an emergency for which adequate regulations have not been
adopted by the Governor or the Village Council, the Mayor may by proclamation
promulgate regulations, consistent with applicable federal or state law or regu-
lation, respecting: protection against air-raids; the sounding of air-raid
alarms; the conduct of persons and the use of property during alarms; the repair,
maintenance, and safeguarding of essential public services; emergency health,
fire, and safety regulations; trial drills or practice periods required for
preliminary training; and all other matters which are required to protect public
safety, health, and welfare in civil defense emergencies. No regulation governing
observation of enemy aircraft, air attack, alarms, or illumination during air
attacks shall be adopted or take effect unless approved by the state director of
civil defense.
Subdivision 2. Every proclamation of emergency regulations shall be
in writing and signed by the Mayor, shall be dated, -shall refer to the particular
civil defense emergency to which it pertains, if so limited, and shall be filed
in the office of the Village Clerk, where a copy shall be kept posted and
available for public inspection during business hours. Notice of the existence
of such regulation and its availability for inspection at the Clerk's Office
shall be conspicuously posted at the front of the Village Hall or other head-
quarters of the Village at such other places in the affected area as the Mayor
shall designate in the proclamation. Thereupon the regulation shall take effect
immediately or at such later time as may be specified in the proclamation. By
like proclamation the Mayor may modify or rescind any such regulation.
February 2, 1953 167
Ordinance No. 409, Continued
Section 61 Sub. 3
Subdivision 3. The Village Council may rescind any such regulation by
resolution at any time. If not sooner rescinded, every such regulation shall
expire at the end of 30 days after its effective date or at the end of the civil
defense emergency to which it relates, whichever occurs first.
Section 7. Civil Defense Agency Procedure
Subdivision 1. There is hereby established in the Village Treasury a
special fund to be known as the Civil Defense Fund. Into this fund shall be
placed the proceeds of taxes levied for civil defense, money transferred from other
funds, gifts and other revenues of the civil defense agency. From it shall be
made expenditures for the operation and maintenance of the civil defense agency,
and other expenditures for civil defense. Regular prodedures of the Village shall
apply to the civil defense fund insofar as practicable for "accounting, disburse-
ment, purchasing, budgeting and other financial procedures.
Subdivision 2. The director shall, as soon as possible after the end
of each fiscal year, prepare and present to the Village Council for the information
of the Council and the public, a comprehensive report of the activities of the
civil defense agency during the year.
Section 8. Civil Defense a Governmental Function. All functions hereunder
and all other activities relating to civil defense are hereby declared to be
governmental functions. The Village, and, except in cases of wilful misconduct,
its officers, agents, employees, or representatives engaged in any civil defense
activities, while complying with or attempting to comply with the Minnesota Civil
Defense Act of 1951 or with this ordinance or any rule, regulation or order made
thereunder, shall not be liable for the death of or any injury to persons, or
damage to property as a result of such activity. The provisions of this section
shall not affect the right of any person to receive benefits to which he would
otherwise be entitled under this ordinance or under the workmen's compensation
law, or under any pension law, nor the right of any such person to receive any
benefits or compensation under any act of Congress.
Section 9. Prohibited Illumination a Nuisance. Any illumination within
the Village contrary to the provisions of this or any other ordinance pertaining
to civil defense or of any regulation adopted thereunder or of any federal or
state law, regulation, or order shall be deemed a public nuisance. Any regular
(or auxiliary) policeman (or air-raid warden) may abate such nuisance summarily,
or may take any other action necessary to enforce such provisions, including
entry on private property and the use of whatever reasonable force is necessary.
Section 10. Penalty. Any person who violates any provision of this
ordinance or of any regulation adopted thereunder relating to acts, omissions,
or conduct other than official acts of this Village Officers or Employees shall
be guilty of a misdemeanor, and upon conviction shall be punished by a fine of
not more than $100.00 or by imprisonment for not more than 90 days.
Section 11. Repeal. Ordinance No. 186, adopted May 11, 1952, is hereby
repealed.
Claim for Damages to Refrigerator - Lachlan M. Noren
Letter from Lachlan M. Noren, 5620 West 37th Street, Apartment "A", Veterans
Housing, dated January 26, 1953, claiming damages to their refrigerator done by
Plumbing Inspector, Edwin Gilbert on August 22, 1952, while he was repairing their
sink trap, by the use of Lewis Lye, was read. Also a report from Plumbing
Inspector, Edwin Gilbert dated February 2, 1953 on same was read.
On motion of Trustee Middleton, seconded by Trustee Bolmgren, the above
mentioned claim for damages was denied, by unanimous vote of all Members of the
Council.
Tentative Plat of Subdivision - Ecklund & Swedlund
On the recommendation of the Planning Commission, it was moved by Trustee
Bolmgren, seconded by Trustee Jorvig, that the tentative plat presented by Ecklund
& Swedlund for property lying north of Cedar Lake Road between Boone and Flagg
Avenue (Scheme "A") was approved with the understanding that Ecklund and Swedlund
furnish the Village Attorney with the necessary information for a title search
and evidence of the street grading before the final plat is filed. Motion was
passed by unanimous vote of all Members of the Council present.
168 - February 2, 1953
Request to Lease Village Owned Lots
Letter from B. B. Whitman, dated January 28, 1953, requesting a long
term lease on Village owned Lots 5 and 6, Block 4, Sunset Gables Second Addition
for the purpose of landscaping and beautifying them in conjunction with a
project he has in mind for approximately half of Block 4, Sunset Gables 2nd
Addition, was read.
On motion of Trustee Jorvig, seconded by Trustee Bolmgren, the Mayor and
Clerk were authorized to sign agreement for the Village with B. B. Whitman for
lease of Village owned Lots 5 and 6,- Block 4, Sunset Gables Second Addition-
for a ten year period at $$50.00 per year for each lot. Motion was passed by
unanimous vote of all Members of the Council.
Meeting Adjourned
On motion of Trustee Middleton, seconded by Clerk Justad, the meeting was
adjourned at 12:04 A. M., February 3, 19532 by unanimous vote of all Members of
the Council present.
f
C. L. HURD, Mayor
ATTEST:
i OSVHJ AD, Clerk
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