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HomeMy WebLinkAbout1955/04/04 - ADMIN - Minutes - City Council - Regular 168' April 4, 1955 COUNCIL MEETING APRIL 4. 1955 A •regular meeting of the City Council was called to order by Mayor R. C. Fernstrom at 8:08 P. M. The following Councilmen were present at roll call: Councilman H. J. Bolmgren Councilman C. L. Hurd Councilman Torval Jorvig Councilman C. R. Middleton Councilman H. W. Perkins Mayor R. C. Fernstrom. City Manager, Phil W. Smith, and City Attorney Edmund T. Montgomery were absent. City Clerk (Secretary) Justad was present. Bids for Sewer & Water Main - P-55-12 and 13 As advertised in the St. Louis Park Dispatch March 10, 1955, sealed bids were received from the following bidders for construction of Water Main (P-55-12), and Sanitary Sewer (P55-13), described therein: Bidder Water Main Sanitary Sewer Pehlps Drake Company, Inc. 102,612.00 $ 981176.00 Orfei & Marian 75,862.60 126,027.90 -Mc Neil Construction Company 66,983.00 98,616.00 Peter Lametti Construction Co. 58,566.90 98,178.44 Barbarossa & Sons 822722.00 95,942.00 Walter D. Gjertsen Company 84,186.00 134,965.00 William V. Terry 86,202.00 113,306.00 On motion of Councilman Bolmgren, seconded by Councilman Middleton, the above bids were referred to the City Engineer and Chairman of the Sewer and Water Department Committee for tabulation and recommendation, by unanimous vote of all Members of the Council present. Bids for 1 Ton Pickup Truck and 2 Four-Door Sedans_ As advertised in the St. Louis Park Dispatch March 17, 1955, sealed bids were received from the following bidders for the furnishing of One (1) z ton pickup truck, and Two (2) four-door sedans with trade-in of One (1) 1947 one-half ton Ford pickup truck; One (1) 1950 two-door Ford, and One (1) 1951 two door Ford, to be used by Street and Engineering Departments, as described therein: _ Bidder 4 Door Sedan 4 Door Sedan z Ton Pickup Trade-in 1951 Trade-in 1950 1947 21 Ton Trade-in The Minar Company $ 1,034.75 1,134.75 $ 11072.00 Dahlberg Brothers, Inc. 917.40 1,052 1,098.98 Holand Motors 1,345.75 H. J. Minar Company 1,073.00 1,123.00 1,193.00 Bob Knowles 11020.00 1,120.00 1,090.00 On motion of Councilman Middleton, seconded by Councilman Perkins, the above bids were referred to the City Manager and Chairman of Street Department Committee for tabulation and recommendation, by unanimous vote of all Members of the Council present. Hearing on Request for Rezoning - Petition of Gil J. Chandler Pursuant to notice published in the St. Louis Park Dispatch March 17, 1955, a public hearing was had on the petition of-Gil J. Chandler to rezone from Resi- dential Use District and Open Development Use District to Commercial Use District, the 52 acre plot of ground lying south of Cedar Lake Road, west of State Highway 100 and east of Zarthan Avenue extended south. Mr. Sweeney, 5007 Cedar Lake Road appeared. Said he has no objection to this rezoning. On motion of Councilman Hurd, seconded by Councilman Perkins, the above petition was granted as read, and the City Attorney was instructed to prepare an ordinance amending the Zoning Ordinance of the Village of St. Louis Park for rezon- ing of above 'described area, by unanimous vote of all Members of the Council present. Proposed Plat - Dr. H. A. Tinker & Dr. R. W. Cranston Mr. Ridgway of Ridgway Construction Company, 5009 Excelsior Boulevard presented a proposed plat of Dr. H. A. Tinker and Dr. R. W. Cranstron property north of Minnetonka Boulevard and west of Boone Avenue. On motion of Councilman Jorvig, April 4, 1955 169 Proposed Plat - Dr. H. A. Tinker & Dr. R. W. Cranston, Cont Id. seconded by Councilman Middleton, the foregoing proposed plat of Cobblecrest Lake Addition was referred to the Planning Commission for checking and recommendation, by unanimous vote of all Members of the Council present. Request for Permit to Build Office Building - Ray M. Tharp Ray M. Tharp and Mr. Hurd showed a drawing of proposed office building to be constructed on the NE Corner of Wooddale Avenue and State Highway No. 7. Their petition was previously referred to the Planning Commission. Mr. Tharp and Mr. Hurd were told that the Planning Commission recommended that they present a plot plan showing area measurements, building size, and parking area to them. They were advised that the next meeting of the Planning Commission will be held on April 6, 19550 Reauest for Refund of Dog Pound Fee - Ed. Guslander Mr. Guslander, 3823 Kipling Avenue appeared regarding his dog which was picked up by the Dog Catcher on March 21st and put in the Pound as he had no license for 1955 at that time. Mrs. Guslander asked the Dog Catcher to sell her a license on the spot and not turn the dog in. The dog was picked up and taken in anyway. Mr. Guslander said that under the circumstances he feels that the fine of $10.00 he paid should be refunded. He asked if the Dog Catcher gets a percentage of the fine. He was told that he did not. No action taken. Sewer Assessment - Albert Tychman Albert Tychman, 2840 Vernon Avenue appeared regarding the $900.00 sewer assessment for his 100 foot lot which is the Si, Section 31, Township 29, Range 24, Parcel ¢#6521, stating that it will cost him $600.00 to bring sewer to his lot. On motion of Councilman Bolrigren, seconded by Councilman Jorvig, the foregoing matter was referred to Special Assessment Clerk for checking and recommendation, by unanimous vote of all Members of the Council present. Meeting Re: Watchman at Brunswick & Milwaukee Tracks Secretary Justad announced that the Minnesota Railroad & Warehouse Commission will meet with the City Council in the City Hall, April 5, 1955, at 10:00 AM to discuss the matter of keeping a watchman at the Railroad Crossing at Brunswick Avenue and the Milwaukee Tracks. Minutes of Committee of Whole Meeting On motion of Councilman Hurd, seconded by Councilman Jorvig, the reading of the minutes of meeting of Committee of Whole held April 2, 1955 was waived, by unanimous vote of all Members of the Council present: COMMITTEE OF WHOLE MEE'T'ING APRIL 2, 1955 A Committee of Whole meeting was held Saturday, April 2, 1955, at 9:00 A. M. in the City Council Chambers. All Councilmen were present. Also present were the City Manager and City Clerk. 1. The application of Joseph George Nagel for a 3.2 Beer on-sale license at 8316 Highway No. 7 was discussed. On motion of Councilman Davis, seconded by Councilman Jorvig, the application of Joseph George Nagel for a 3.2 Beer on-sale license at. 8316 Highway No. 7 was denied by unanimous vote of all Members of the Council. 2. A letter from Jay Stranahan and J. Don Leary, dated March 5, 1955 inquiring about the possibility of obtaining a license to sell intoxicating liquor off-sale at 5105 Excelsior Boulevard was discussed. On motion of Councilman Middleton, seconded by Councilman Perkins, the Clerk was instructed to write Mr. Stranahan and Mr. Leary that the Council is not granting any off-sale liquor licenses at this time. Motion was passed by unanimous vote of all Members of the Council. 3. The application of Louis Roberge for a license to operate a vending machine for milk and other food items was discussed, and it was suggested that an ordinance be prepared covering inspections, fees, etc. for this type of venture. On motion of Councilman Hurd, seconded by Councilman Jorvig, the City Attorney, Mayor, Health Officer and City Manager were instructed to prepare and recommend a suitable ordinance to cover the use of vending machines, and to have said ordinance ready for the first reading at the May 2nd, 1955 meeting. Motion was passed by unanimous vote of all Members of the Council. 4. A letter from Mark Dahlquist of West 35th Street, dated March 21, 1955, setting forth some reasons why the grading of 35th Street, west from Texas Avenue, was read by Councilman Davis. After considerable discussion regarding methods of assessing and the apparent need for the grading between Aquila and Boone Avenues, it was moved by Councilman Davis, seconded by Councilman Jorvig that the grading and paving of 35th Street west from Texas Avenue be terminated at Aquila Avenue but with stipulation that the actual cost of acquiring property for the street and the Engineering cost 170 April 4, 1955 Minutes of Committee of Whole Meeting, Cont'd. for setting up the improvement be assessed as set up in Notice of Hearing for said project dated ----- . Motion was passed by unanimous vote of all Members of the Council. 5. The proposed rules and regulations prepared in January, 1955 were discussed along with Ordinance No. 481, which is AN ORDINANCE ESTABLISHING A FIRE DEPART- MENT,, MAKING RULES, AND REGULATIONS FOR THE GOVERNMENT OF THE SAME, AND PROVIDING FOR CONTROL AND ELIMINATION OF FIRES AND FIRE HAZARDS. After discussion the following motions were made: ' _ (a) On motion of Councilman Davis, seconded-by Councilman Perkins, the Fire Civil Service Commission was requested to serve as a screening committee to assist the City Manager, and the Council in the selection of Volunteer Firemen as requested by the Manager or Council from time to time. Motion was passed by unanimous vote of. all Members of the Council. (b) On motion of Councilman Bolmgren, seconded by Councilman Hurd, the Fire Civil Service Commission and the City Attorney were requested to re-write the proposed rules and regulations so as to conform with Ordinance No. 481. Motion was passed by unanimous vote of all Members of the Council. 6. The next matter for discussion was the applications received for the position of City Manager. It was suggested that the Council schedule June lst as the latest date for applicant to be approved so that he may assist in the preparation of 1956 budget, etc. It was also suggested that Council Members get what information they can independently about the various applicants. 7. On motion of Councilman Jorvig, ,seconded by Councilman Davis it was de- termined that Councilman Hurd be reimbursed for expenses incurred on his trip to Two Rivers, Wisconsin to secure information on an applicant for City Manager, by unanimous vote of all Members of the Council. 8. Councilman Perkins brought up the proposed arterial street setup as recom- mended by the Planning Commission. On motion of Councilman Davis, seconded by Councilman Jorvig, the Council approved the proposed arterial street setup as described on map dated May, 1954, except that 28th Street from France Avenue to Highway No. 100 be excluded, and that 26th Street from France Avenue to Highway No. 100 be added, and the City Attorney was instructed to prepare an ordinance to cover same, by unanimous vote of all Members of the Council. 9. On motion of Councilman Bolmgren, seconded by Councilman Perkins, the City Manager was instructed to proceed to acquire land on the south side of 26th Street to allow for widening of 26th Street between Monterey and Natchez Avenues, by unanimous vote of all Members of the Council present. 10. On motion of Councilman Hurd, seconded by Councilman Jorvig, the City Manager was instructed to prepare redommendations for the extension of 26th .Street west of Highway No. 100, by unanimous vote of all Members of the Council. 11. The extent of inspections made by the Health Officer was discussed. On motion of Councilman Middleton, seconded by Councilman Jorvig, the health officer was instructed to make a complete report of all his inspections each month, by unanimous vote of all Members of the Council. 12. The Clerk was instructed to arrange for a dinner meeting for the City Council with the Planning Commission, Representatives of Morrill & Nichols Company, and . Charles Freidheim of Belt Line Industries, on April 6, 1955, for the purpose of dis- cussing the zoning of properties South of 36th Street, East of Highway No. 100. 13. On motion of Councilman Middleton, seconded by Councilman Jorvig, the meeting was adjourned at 1:55 P. M., by unanimous vote of all Members of the Council (Committee of Whole). Councilman Jorvig Councilman Jorvig left the meeting at this time - 9:45 P. M. Licenses On motion of Councilman Middleton, seconded by Councilman Bolmgren, the follow- ing applications for 1955 licenses were approved, and the City Manager and City Clerk were authorized to issue same to expire December 31, 1955, by unanimous vote of all Members of the Council present. April 4, 1955 171 Licenses, Continued Dairy Way Restaurant Dairy-Mor Drive-In " if It " . " Cigarette Pat's Skelly Service Soft Drink, Continuation Bonds Councilman Hurd spoke about license bonds and as to a continuation bond having accumulative liability which he- proposed at one time. He asked for an ordinance that would approve the use of such a bond in St. Louis Park. The Clerk was instructed to take this matter up with the City Attorney. Resolution - No. 47 On motion-of Councilman Middleton,; seconded by Councilman Hurd, the following resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION REFUNDING 0-47 AIJ.,EY GRADING 1/497 ASSESSMENT WHEREAS it appears that on June 19, 1950, the Minneapolis, Northfield and Southern Railway paid the Village of St. Louis Park $24.50 (Receipt #4136), full pay- ment for the above assessment; and WHEREAS the County Auditor's office inadvertantly failed to remove the 1951 instalment from their rolls, resulting in the Railway's paying the 1951 amount of $10.06 again on the tax statement; therefore BE IT RESOLVED by the City Council of the City of St. Louis Park that the 1951 instalment of such assessment heretofore paid in the respective amount set forth below be refunded to the respective property owner, and, upon receipt of a signed verified claim and the paid tax statement, that the City Manager, the City Clerk, and the City Treasurer be hereby authorized to issue warrants in payment of such refund to the respective property owner. AMOUNT TO BE REFUNDED Name & Address' Lot Block Addition 1951 M. N. & S. Railway 42 176 Rearrangement of Ste- Louis $10.06 Minneapolis 3, Minnesota Park ATT: M. L. Davenport Resolution - No. 48 On motion of Councilman Bolmgren, seconded by Councilman Middleton, the follow- ing resolution was adopted by unanimous vote of all Members of the Council present: RESOLUTION REFUNDING GARBAGE DISPOSAL ASSESSMENT WHEREAS, it appears that by resolution of the Village Council levying assessments for Garbage Disposal, the following property was inadvertantly assessed for five pick- ups instead of one pickup; therefore BE IT' RESOLVED by the City Council of the City of St. Louis Park that four of the 1952 thru 1954 instalments of such assessment heretofore paid in the respective amounts set forth below be refunded to the respective property owner, and, upon receipt of a signed verified claim and the paid tax statements, that the City Manager, the City Clerk, and the City Treasurer be hereby authorized to' issue warrants in payment of such refund to the respective property owner. AMOUNTS TO BE REFUNDED Name & Address Parcel Addition 1952 1953 1951. Oscar A. Olson 4520 Sec.- 6-28-24 27.12 37.68 67.60 3550 Huntington Com at pt dis 227.75' NWly at rt angles from center line of Excelsior Avenue from point distant 240.7' NEly along said,ctr line of rd of its intersec_with a line bearing S 45 degrees 36 minutes east from point in S line of NE1 of SEr dis 254.5' E from SW corner thereof; thence Wly at an angle of 33 degrg� 41 minutes to left 36.5 feet; thence at an angle of 33 degrees 41 minutes to rt 120' to actual point of beginning of land to be described; thence continue Nally 601; thence at right angles SEly 1201; thence SWly' 61.051 to point 131.251 SEly from point of beginning; thence Nally to beginning. 172 2 April 4, 1955 � Petition for Water Main On motion of Councilman Perkins, seconded Councilman Hurd, the following petition was referred to the City Engineer, Chairman of the Water Department Com- mittee, and Special Assessment Clerk for checking and recommendation, by unani- mous vote of all Members of the Council present. P-1535 PETITION FOR WATER MAIN, signed by Inger H. Cranston, 2219 North Willow Lane, dated February 25, 1955, for the construction of water main in NORTH WILLOW LANE FROM FOREST ROAD TO NORTH END. Petitions for Street Improvements On motion of Councilman Middleton, seconded by Councilman Bolmgren, the following petitions were referred to the City .Engineer, Chairman of the Street Department Committee, and Special Assessment Clerk for checking and recommendation, by unanimous vote of all Members of the Council present: P-1529 PETITION FOR SIDEWALK, signed by 1,1rs. Marguerite E. Olson, 2804 Pennsylvania Avenue and others, dated August 27, 1954, for the construction of sidewalk on the E"ST SIDE OF PENNSYL- VANIA AV114UE FROM 28TH STREET TO 29TH STREET. P-1534 PETITION FOR BITUMINOUS SURFACING, signed by Max hold, 2747 Jersey Avenue and others, dated March 30, 1955, for the application of bituminous surfacing to ALLEY, BLOCK 8, THE BRONX, FROM 27TH STREET TO 28TH STREET & IDAHO AVENUE TO JERSEY AVENUE. P-1536 PETITION FOR-CURB ADM (GUTTER, signed by David Sudit, 2558 Webster Avenue and others, dated March 31, 1955, for the construction of curb aInd gutter on the WEST SIDE OF WEBSTER AVENUE FROM 25TH STREET TO 26TH STREET. _Proposed Plat of Penn-Zayta Second Addition On motion of Councilman Perkins, seconded by Councilman Middleton, the pro- posed plat presented by G. G. Cerney of Penn-Zayta Second Addition described as the East 600 feet of the South 300 feet of the North 650 feet, except road, of the NW4 of the SW4 of Section 5, Township 117, Range 21, the area being situated in-nediately West of Pennsylvania Avenue and adjoining Block 2, Penn-Zayta Addition was referred to the Planning Commission for checking and recommendation, by unani- mous vote of all Members of the Council present. Application for Permit to Erect Billboard - Nordquist Signs On motion of Councilman Hurd, seconded by Councilman Middleton, the applica- tion of Nordquist Sign Company, dated March 31, 1955, for a permit to erect a billboard at 6500 Excelsior Boulevard was approved subject to setback regulations, etc., and the Building Inspector was authorized to issue same, by unanimous vote of all Members of the Council present Applications for Permits to Erect Advertising Signs - Nordquist On motion of Councilman Perkins; seconded by Councilman,Middleton, the appli- cation of Nordquist Sign Company, dated March 31, 1955, for permits to erect two advertising signs on building at 6404 Cambridge Street for Symons Clamp & Mfg. Co. were approved, and the Building Inspector was authorized to issue same, by unanimous vote of all Members of the Council present. Application for Permit to Erect Advertising Sign - Nordquist On motion of Councilman Middleton, seconded by Councilman Perkins, the appli- cation of NordquisG Sign Company for a permit to erect an advertising sign on building at 6002 Excelsior Boulevard for Pengelly X-Ray Company was approved subject to compliance with sign ordinance, and the Building Inspector was authorized to issue same, by unanimous vote of all Members of the Council present. Application for Permit for Advertising Sign - Le Roy Sign, Inc. On motion of Councilman Perkins', seconded by Councilman Hurd, the application of Le Roy Sign, Inc., dated March 31, 1955, for a permit to erect an advertising sign for Sew Easy Company at 5912 West 35th Street was approved, and the Building Inspector was authorized to issue same, by unanimous vote of all Members of the Council present. Letter Re: Excellent Work Performed by Firemen - Minneapolis Golf Club Letter to St. Louis Park Fire Department from Earl R. Larson of Minneapolis Golf Club, dated Marph 29, 1955, expiessing their appreciation for the excellent work performed by the Department during the fire at their Club House, March 25 and 26, was read. April 4, 1955 173 Jerry Holt - Re: Hennepin-Lake Stationery Property Jerry Holt appeared regarding property owned by Hennepin-Lake Stationery Co. across which the extension of Cambridge or 39th Street will be made, East of Highway No. 100. Mr. Holt was told that a street was planned that would take 30 feet from the Hennepin-Lake Stationery Company's property. Mr. Holt asked what Hennepin-Lake Stationery Company could do. It was suggested that there would not be room for a building after the street was taken. How to proceed was not decided. Ordinance No. 480 Second reading of the following ordinance was waived by unanimous consent of the Council. On motion of Councilman Perkins, seconded by Councilman Middleton, the follow- ing ordinance was adopted by unanimous vote of all Members of the Council present: ORDINANCE N0. 480 AN ORDINANCE ESTABLISHING AND CREATING A PARK COMMISSION THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. A Commission is hereby created, as an agency of the City Govern- ment, which shall be known as the Park Commission of the City of St. Louis Park. Section 2. The personnel of the Park Commission shall consist of five members each of whom shall be appointed by action of the City Council. The Commission shall consist of a chairman, a secretary and three commissioners. The first members of the Commission appointed by the City Council shall be appointed for terms ending as follows: A chairman for a term ending April 1, 1957 A secretary for a term ending April 1, 1956 One commissioner for a term ending April 1, 1956 One commissioner for a term ending April 1, 1957 One commissioner for a term ending April 1, 1958• On expiration of the aforesaid terms, the terms of the succeeding members of the Commission shall be respectively as follows: Chairman, two years Secretary, two years For each commissioner, three years. The term of one commissioner and the term of either the chairman or secretary shall expire on April 1st of each year and the Council shall appoint or r6-appoint a member to each office upon expiration of the respective terms, or upon resignation from office of any member of the Commission the Council shall appoint a suitable person to fill the remaining unexpired term. Section 3: The members of the Park Commission shall serve without pay. Section 4. It shall be the duty of the Park Commission to meet from time to time to investigate such matters pertaining to the parks of the city as shall be referred to the Commission by the City Council, or the City Manager; or as the members of the Commission shall deem proper, and the Park Commission shall from time to time report to the Council and the City Manager the results of its investigations and shall advise the Council and the City Manager with respect to administration of the park system of the city, acquisition of additional park facilities and any matter relative to the public park system of the city. Section 5. The existing Park Board created under the laws of the State of Minnesota, relating to villages, is hereby abolished, and all park property-of the city previously Under the jurisdiction of said Park Board is hereby deemed to be under the jurisdiction of the City Council pursuant to the provisions of Section 2.02 of the Home Rule Charter of the City of St. Louis Park. Ordinance No. 481 Second reading of the following ordinance was waived by unanimous consent of the Council members present. On motion of Councilman Bolmgren,. secor4dd by Councilman Middleton, the follow- ing ordinance was adopted by unanimous vote of all Members of the Council present: i 174 April 4, 1955 � Ordinance No. 481, Cont'd. ORDINANCE N0. 481 AN ORDINANCE ESTABLISHING A FIRE DEPARTMENT, MAKING RULES AND REGULATIONS FOR THE GOVERAI14ENT OF THE SAME AND PROVIDING FOR CONTROL AND "ELIMINATION OFIFIRE HAZARDS AND FIRES THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Fire Department Established There is hereby establi'shed in the City of St. Louis Park a fire department consisting of a Chief and such other subordinate officers and firemen as May be from time to time provided for by the City Council. Section 2. (livil Service The Fi'reman's Civil Service Commission hereto- fore created and appointed by the Village Council pursuant to Chapter 57, Laws of Minnesota 1929, shall continue as provided by Section 11.14 of the Home Rule Charter of the City of St. Louis Park. Whenever there is a vacancy in any position in the fire department, it shall be the duty of the Chief to so notify the City Manager, and the Manager shall requisition the Civil Service Commission to certify an eligible man for the appointment. Section 3. Volunteer Firemen The organization known as the St. Louis Park Volunteer Fire Department which has long and efficiently served the Village as a Volunteer Fire Department is hereby recognized as an organization of Volunteer Firemen auxiliary to the City Fire Department and subject to the conditions herein- after specified. Members of. Members of such Volunteer Fire Department shall be deemed to be members of the Volunteer Division of the City Fire Department which division of the City Fire Department which division is hereby created. Each Member of the Volunteer Division of the Fire Department shall be appointed by the City Manager with approval of the City Council and shall be subject to removal at any time by the City Manager with approval of the City Council. Members of the Volunteer Division of the Fire Department shall receive no pay for their services and shall not be deemed to be paid employees of the City of members of the regular Fire Department subject to the jurisdilction of the Firemen's Civil Service Com- mission. All men now enrolled as regular members of the St. Louis Park Volunteer Fire Department shall be hereby appointed as members of the Volunteer Division of the City Fire Department subject to removal by the City Manager as hereinbefore provided. The members of the Volunteer Fire Division shall observe and comply with such rules governing drills, and response to fire calls, and shall be subject to such hazards of fire-fighting, as shall be prescribed by rules governing the Vol- unteer Fire Division adopted from time to time by the City Council. Section 4. Rules Governing Department The conduct of the members of the Fire Department, and Volunteer Division thereof when on duty with the Fire Depart- ment, shall be governed by rules established by resolution of the City Council and posted in the fire hall. Such rules shall be adopted governing the conduct of the Members in and about the fire hall and at fires and drills; the procedure to be followed in fire drilling, fighting and care of department property. Employment, promotion, suspension and discharge of members of the Fire Department subject to its jurisdiction shall be governed by the rules of the Fire Civil Service Commission. Section 5. Compensation The City Council shall from time to time determine the compensation of the officers and firemen of the Fire Department. The right of the City Council to modify salary rates shall be reserved at all times. Section 6. Officers The officers of the Fire Department shall be as follows: Chief, Deputy Chief, Assistant Chief and such number of captains as shall be designated by the City Council from time to time. The now existing Office of First Assistant Chief shall be hereafter known as Deputy Chief, and the now existing-office of Second Assistant Chief shall hereafter be known as Assistant Chief; and the now existing third Assistant Chief shall be hereafter known as Captain. Officers of the Fire Department shall be members of the regular paid depart- ment, but the Chief of the department may designate one or more members of the Volunteer Division to serve as an acting officer to act in case of absence or dis- ability of a regular officer of the rank designated. Section 7. Duties of Officers The Chief of the 'Fire Department shall be the executive head of the department; he shall be er.-officio fire marchal of the City and shall be responsible to the City Manager for fire fighting and fire pre- vention in the City; he shall be responsible for all of the property of the City r April 4, 1955 175 Ordinance No. 481, Cont'd. Section 7 ----- used by the fire department; he shall have full authority to execute all laws, ordinances and rules relating to fire prevention, fire fighting and the fire depart- ment of the City; he shall be responsible for the training and discipline of members of the department and for the organization thereof as an effective fire fighting unit; he shall keep records of all fires and fire calls, determine the cause of all fires, and report the same monthly in writing to the City Manager; he shall be responsible for compliance by the Fire Department and members thereof with all laws, ordinances, rules and directions of the City Council relating to the Fire Department, and to the fire prevention and protection functions of the City. The Deputy- Chief in the absence or disability of the chief, and the Assistant Chief in the absence of both shall respectively assume all the functions and responsibilities and exercise all the authority of the Chief. All officers and firemen subordinate to the Chief shall obey all laws, ordinances and rules established pursuant to this ordinance for government of the department and the instructions of the Chief and any superior officer. Section S. Police Regulations Relating to Fires (a) No person shall drive any vehicles over a fire hose except upon specific orders from a member- of the Fire Department. (b) No person shall give or make,- or cause to be given or made, an alarm of fire without probable cause. (c) No person shall enter upon any premises where a fire is in progress or enter any area surrounding a fire from which the public has been excluded by the police or firemen of the City without specific authority of an officer of the Fire Department on duty at the fire.- (d) Personal cars driven by members of the Fire Department or authorized Vol- unteer Firemen shall be deemed emergency vehicles when such firemen or volunteer is reporting for duty at a fire in response to a fire alarm. (e) Any person violating any provision of this section shall upon conviction thereof be fined not to exceed $100 or in default in payment thereof shall be imprisoned for not to exceed ninety days. Section 9. Destruction of Buildings During Fire The Chief of the Fire Depart- ment is authorized to pull down and raze any building or buildings in the vicinity of a fire when in his judgement it is necessary to do so for the purpose of preventing comamuiication of the fire to other buildings resulting in a conflagration and emergency which could not be controlled. Section 10. Fire Limits - All areas within the corporate limits of the City of St. Louis Park designated by the Zoning Ordinance of the City- as being within the Commercial Use District, Light Industrial Use District and the Heavy Industrial Use District shall be deemed to be within the fire limits of the City. Section 11. ' Inspection and Elimination of Fire Hazards (a) Fire Prevention Duties of the Chief The Chief of the Fire Department shall enforce all laws and ordinances covering the following: (aa) Inspection of Potential Fire Hazards. (bb) Abatement of Existing Fire Hazards. (cc) Investigation of the Cause, Origin and Circumstances of Fires. (dd) Regulation and Maintenance of Fire Escapes. (ee) Control and Use of Explosives and Flammables. (ff) Regulation of the Maintenance of Automatic and Other Private Fire Alarm Systems, and Fire Extinguishing Equipment. (gg) Control of the means and adequacy of exits in case of fire, from factories, schools, hotels, lodging houses, hospitals, churches, halls, theatres, and all other places in which numbers of persons work, meet, live or congregate. (hh) Educational fire prevention programs. (b) Right to Enter for Inspection The Chief of the Fire Department or such 176 April 4, 1955 Ordinance No. 481 Cont'd. Section 11 - (b ---- other member of the department as shall be deputized by him for the purpose, shall have the right to enter any building, structure, or premises within the corporate limits of the City for the purpose of making inspections or investi- gations at all reasonable hours; provided that except in cases of emergency, the right and authority conferred by this section shall not apply to the entry- of a private residence unless written notice is served on the occupant thereof. Such written notice shall contain a statement of the time that inspection will be made and shall also contain a statement of the purpose of such inspection or investi- gation. (c) Scope-of Inspection Authorized The inspection and examination auth- orized by this ordinance shall be for the purpose of reporting and correcting the following fire hazards pertaining to buildings and their occupants: (aa) Disrepair. (bb) Age and dilapidated condition. (cc) Faulty or unapproved construction. (dd) Inadequate fire escapes or lack of means of egress. (ee) Inadequate fire alarm protection. (ff) Inadequate fire extinguishing equipment. (gg) Materials and buildings especially susceptible to fire. (hh) Conditions endangering other property or occupants.. (ii) Any other fire hazards dangerous to life or property. (d) - Required Inspections It shall be the duty of the Chief, in addition to the inspections required below, to inspect as often as he shall find necessary to the enforcement of this ordinance all buildings and premises in the city. (aa) Buildings and Premises_ The Chef shall inspect all buildings and premises within the fire limits not less than twice a year. (bb) Place of Public Assembly The Chief shall inspect all places of public assembly not less than once a month. (cc) Places Housing Dangerous Materials The Chief shall inspect, not less than four times a year, all hazardous manufacturing processes, storages or installations of gases, chemicals, oils, explosives and inflammable materials. (e) Order to Protect Violation Where violations of this ordinance or any of the other,�laws or ordinances relating to fire hazards are found by the Chief, he shall serve a written order to correct the violation upon the owner,•operator, occupant or other person responsible for the violation. (aa) Method of Service The order required herein shall be served in one of the following ways: 1. By making personal delivery of the order to the person responsible. 2. By leaving the order with some person of suitable age and discretion upon the premises. - 3. By affixing a copy of the order to the door at the entrance of the premises in violation. 4. By mailing a copy of the order to the last known address of the owner of the premises, by registered mail. 5. By publishing a copy of the order in the official news paper once a week, for three successive weeks. (bb) Time for Compliance The order required herein shall set forth a time- limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, the Chief shall have the authority to require compliance immediately upon service of the order. April 4, 1955 177 Ordinance No. 481, Continued - Section -11 - (e) (cc) (cc) Appeal from Order A person to whom an order hereunder is directed shall have the right, within twenty-four hours of the service of such order, to appeal to the City Manager, who shall review such order within three days and file his decision thereon. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five days after an appeal shall have been determined, or the time specified in the original order, whichever is later. (dd) Failure to Comply Any person to whom an order is directed who shall fail to comply with such order- within the specified time shall be liable to a penalty as hereinafter provided. (ee) Failure to Comply When a person to whom an order is directed shall fail to comply within a specified time, the Chief shall have the authority to contract with others for the removal of such materials and charge the cost thereof to the person to whom the order is directed. The person removing material under a contract made hereunder shall be authorized to enter the premises and to remove such material. If the cost of removal is not paid within thirty days after receipt of a statement therefor from the Chief such cost shall be levied against the property upon which said fire hazard exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. (f) Investigation of Fires The Chief shall investigate promptly the cause, origin and circumstance of each and every fire occurring in the City in which property has been destroyed or damaged, and if it appears to the officer making investigation that such fire is of suspicious origin, he shall then take immediate charge of the physical evidence and notify the proper authorities designated by law to make the investigation of such matters and shall further cooperate with them in the collecting of the evidence and in the prosecution of the case. (g) Record of Fires The Chief shall keep a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. (h) Report on Activity of Fire Prevention Division The Chief of the Fire Department shall submit a monthly report on the fire prevention activities of -the Department under this section to the City Manager on the first day of each month. Section 12. Smoke Nuisances and Burning of Rubbish and Waste Materials (a) It shall be unlawful for any person, firm or corporatiori within the corporate limits of the City of St. Louis Park to cause, permit or allow to escape into the open air such quantities of acid, pungent; noxious or disagreeable odors or such quantities of ashes, cinders, dirt, dust, smoke, flames or debris of any kind from any smokestack, chimney, incinerator, or any opening of any building or from any open fires under their charge or control, or from any other source whatsoever within the limits of said city, in such a manner or place as to cause injury to health, annoyance, fire hazard, or detriment to persons of the public or damage to property or business. ,411 such smokestacks, chimneys, incinerators or other contrivances shall be constructed and maintained in such a manner and at such height as tb prevent or abate any of the nuisances above mentioned. The burning of garbage in incinerators serving multiple dwellings, as defined by the Zoning Ordinance, or in commercial establishments is hereby prohibited. (b) No person, firm or corporation shall set or maintain any bonfire or shall knowingly furnish the materials for any such fire or authorize any such fire to be set, kindled or maintained on or in any street or alley of the City of St. Louis Park or on or near any lands in which dry peat is deposited within the corporate limits of the City of St. Louis Park. (c) No person, firm or corporation owning or in possession of any premises within the corporate limits of the City shall cause or permit any accumulation of waste paper, hay, grass, straw, weeds, litter, or combustable or inflammable waste, or rubbish of any kind, to be deposited or to remain within ten feet of any wooden wall, plaster wall, partition, fence, lumber, peat land, or other combustible material. All weeds, grass, vines, leaves and other growth when same shall endanger property, or is liable to be fired shall be cut down and removed by the owner or occupant of the property whereon the same is located. (d) No rubbish, tree branches, or other combustible materials, shall be burned in any public or private dump unless the Chief of the Fire Department is notified in 178 April 4, 1955 Ordinance No. 481, Continued Section 12 - (d advance and a permit is issued by the Chief authorizing such burning, which permit shall be issued by the Chief if he shall determine that there is sufficient inflammable material to burn in a manner which will not cause a smoke nuisance, and that there is no danger of communication of the fire to other property. (e) No combustible, "inflammable, or explosive material of any kind shall be dumped or deposited on any street,. alley, or premises within the City of St. Louis Park. Section 13. Fire Hazards in Places of Public Assembly No room or other place of public assembly shall be decorated with paper or other combustible materials unless such materials have been rendered fireproof. Section 14. Any firm, person or corporation convicted of violation of any provision of Sections 12 or 13 shall be fined not to exceed one hundred dollars or imprisoned for a period not to exceed ninety days. Ordinance No. 482 Second reading of the following ordinance was waived by unanimous consent of all Members of the Council present. On motion of Councilman Middleton`, seconded by Councilman Perkins, the following ordinance was adopted by unanimous vote of all Members of the Council present: ORDINANCE NO. 482 AN ORDINANCE AMENDING ORDINANCE NO. 399 and ORDINANCE NO. 4425 REGULATING GAS APPLIANCES AND THE INSTALLATION; ALTERATION, MAINTENANCE AND USE OF GAS EQUIPMENT CONNECTED THERETO; AND LICENSING THE REPAIR, ALTERATION AND INSTALLATION'OF GAS PIPING AND GAS BURNING DEVICES THE CITY OF ST. LOUIS PARK ORDAINS: r Section 1. Section 3 of Ordinance No. 399 of the Village of St. Louis Park, entitled AN ORDINANCE REGULATING GAS APPLIANCES AND THE INSTALLATION, ALTERATION, MAINTENANCE AND USE OF GAS_EQUIPMENT CONNECTED THERETO, AND LICENSING THE REPAIR, ALTERATION AND INSTALLATION OF GAS PIPING AND GAS BURNING DEVICES, adopted by the Village,Council July 28, 1952, as amerided by Ordinance No. 442 adopted by the Village Council January 4, 1954, is hereby amended to read as follows: Section 3. Qualifications of Applicants: Each person, firm or corporation desiring to engage in, or carry on, the business as above mentioned shall be well qualified to do so. Each individual applicant and each partner of a partnership applicant engaged in the work for which a license is re- quired must pass a written examination to determine his qualifications before receiving his license. Such examination shall be conducted by the Building Inspector in consultation with the Minneapolis Gas Company. The Building Inspector may waive such examination of persons licensed by the City of Minneapolis to repair, alter or install gas piping and gas burning devices. No officer or employee of a licensee shall do any work for which the licensee is required to be licensed under this ordinance until he shall have been examined to determine whether he is well qualified to do the work. Each individual licensee and each employee and officer of a licensee so examined and found well qualified shall be issued a Certificate of Com- petence by the Building Inspector. Class A certificates being issued to licensees and Class B certificates being issued to officers and employees of a licensee. No such licensee or officer or employee thereof shall en- bage in, or carry on, business as above mentioned unless he shall have in his possession such a Certificate of Competence. A' fee of $1.00 shall be paid to the City Treasurer for the issuance of each Certificate of Com- petence by the Building Inspector. Section 2. This ordinance shall take effect from and after its publication. Ordinance No. 483 Second reading of the following ordinance was made by Secretary of Council. On motion of Councilman Hurd, seconded by Councilman Bolmgren, the following ordinance was adopted by unanimous vote of all Members of the Council present: April 4, 1955 179 Ordinance No, 483, Continued ORDINANCE N0. 483 AN ORDINANCE AK{ DING ORDINANCE N0. 407 REGULATING SIGNS AND BILLBOARDS THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. Section 8 of Ordinance No. 407 entitled A!N ORDINANCE REGULATING SIGNS AND BILLBOARDS, adopted by the Village Council January 26, 1953 is hereby amended to read as follows: "Section 8. Annual Inspection Fees, The Building Inspector shall inspect annually, or at such other times as he deems necessary, each sign or other advertis- ing structure regulated by this ordinance for the purpose of ascertaining whether the same is secure or insecure and whether it is in need of removal or repair.; and to meet the expense of such inspection the permittee thereof shall pay to the City Treasurer a sum equal to thirty per cent (�O%) of the original permit fee for such sign computed as specified in Section 7; provided that no such annual inspection fee shall be made with respect to any sign which sets forth only the name of the owner of a business conducted on the premises where the sign is sitgated." Traffic Signals at Texas & Highway No. 7 City Engineer's report dated April 4, 1955, stating that Mr. Klett of the State Highway Department had called on March 28th and notified him that they are going ahead with the traffic signals at Texas Avenue and Highway. No. 7, and they will have the papers in our possession in about a week, was read. Fire Department's Report for March, 1955 filed:Fire Department's report for the month of March, 1955, was read and ordered Animal Report for March 21, 1955 to March 28, 1955 Animal report of Animal Rescue League of Hennepin County for period of March 21, 1955 to March 28, 1955, was read and ordered filed. Building Inspector's Weekly Report The Building Inspector's report for week ending April 1, 1955, showing that 15 building permits were issued, totaling $115,650.00, was read and ordered filed. Building Inspector's Report for March, 1955 The Building Inspector's report for March, 1955, showing that 40 building permits were issued, totaling $788,825.00, was read and ordered filed. Justice of Peace Report of Fines - Linnee Justice of Peace E. A. Linnee's report of fines, dated March 31, 1955, was read and ordered filed. Justice of Peace Report of Fines *- Yngve Justice of Peace Anton Yngve's report of fines, dated April 1, 1955, was read and ordered filed. Police Report for March, 1955 The following Police Report for March, 1955 was read and ordered filed: Warnings 4 Arrests 157 Radio Calls 197 Aids 1 Accidents 16 Phone Calls 41 Mileage 15,348 Gas 1,450 Oil 95. Acting Police Chief On motion of Councilman Perkins, seconded by Councilman Hurd, F. J. Senander was designated as acting chief in the absence of Police Chief, Andrew Nelson, and in the event of his inability to act, James Dahl was designated to do so, by unanimous vote of all Members of the Council present. Advertise for Police Car On motion of Councilman Perkins, seconded by Councilman Middleton, the City Manager was instructed to advertise for bids for a special care for police work other than patroling, bids to be opened May 2, 1955, by unanimous vote of all Members of the Council present. 180 April 4, 1955 Verified Claims On motion of Councilman Middleton, seconded by Councilman Bolmgren, the following verified claims were approved, and the City Manager, and City Clerk, and Gity Treasurer are hereby authorized to issue checks covering same, by unanimous vote of all Members of the Council by roll call as follows: Councilman Bolmgren, yea; Councilman Hurd, yea; Councilman Jorvig, yea; Councilman Perkins, yea; Mayor Fernstrom, yea: Associated Lithographers 2.50 Boustead Electric Co. 28.50 Boyer-Gilfillan Motor Company 55.87 Dahlberg Brothers, Inc. 19.90 it It " 53.14 Alfred Formo 58.73 " It if it 15.10 Great Western Laboratories 30.70 Hennepin-Lake Stationers 35.40 Hobart Welder Sales 15.55 Kay Motors, Inc. 6.25 " it " 10.30 - Kokesh Hardware 7.00 Landers, Norblom, Christenson n n 4.60 Company 24.40 Wm. H. Mc Coy 215.60 Carl T. Miller 8.50 11 " " 257.04 Miller-Davis Company 2.00 M. N. & S. Ry. 10.06 Minnesota Bearing Co. 21.62 National Tea Company 25.72 Paper Supply Company 149.44 " " " 51.60 Park Super Valy 13.85 Rosholt Equipment Co. 1.27 St. Louis Park Lumber Co. 46.34 it " 1.91 St. Louis Park Utilities 10.00 '! ° if 1 60.45 • Phil W. Smith 12.50 " It 34.30 Sub. San. Drayage Co. 82128.72 " it it 15.30 Super Valu 24.32 T. .C. Testing & Eng. Lab. 48.00 U. of M. Hospitals 52.50 Wheeler Lumber Bridge & Supply 218.90 Anton Yngve 12.00 Hennepin-Lake Stationery Co. 4.00 Mpls. Society of Blind 6.00 Gertrude Renner 9.17 it It " " 6.50 H. A. Rogers Company 3.00 Peter Stienstra 29.82 Sub. San. Drayage Co. 1,649.16 Terry Bros., Inc. 300:00 West Disinfecting Company 7.65 Minutes The minutes of meeting held March 28, 1955 were read. On motion of Council- man Hurd, seconded by Councilman Middleton, the minutes of meeting held March 28, 1955 were approved as read, by unanimous vote of all Members of the Council present. Meeting Adjourned On motion of Councilman Perkins, seconded by Councilman Middleton, the meet- ing was adjourned at 11:43 P. M., by unanimous vote of all Members of the Council present. R. C. FERNSTROM, Mayor ATTEST: ` JOSEY JUST , Secretary