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HomeMy WebLinkAbout1957January 3, 1957 The regular semi — monthly meeting of the Board was called to order at 7:15 P.M. by Chairman Luebben. All members of the Board were present. The minutes of the December 20, 1956 meeting were read. Kaeder. moved, Luebben seconded that the minutes be accepted as read. Ayes — al3 Harold A. Smith, 230 Crestview Drive, appeared before the Board. He reported that he had contacted the 'Tanneres Lake Construction Company which had constructed Crestview Drive. He explained to that Company the question which had been raised at the last meeting of the Board with regard to the profile of the road. 'They�in turn had prepared a profile of the road as it now exists which Mr. Smith presented to the Board for inspection. He pointed out that the profile shows no low spot as was indicated at the junction point of the road with Lots 2 and 3, Block 2 and Lots 2 and 3, Block 1, but instead a slight drop to the south. Chairman Luebben stated that he would await a check of the profile by the Town Engineer before making any decision in the matter. The Board then referred.the matter to Carley, Town Engineer, and Mr. Smith. The Board also stated that they would require drainage easements on lots 2 and 3, Block 1, and Lots 2 and 3, Block 2, before accepting Crestview Drive whether or not the profile proved to be correct. Mr. Smith agreed to make such arrangements. Lots 2 and 3, Block 2, and Lot 3, Block 1, are still in Mr. Smith's.possession. It was pointed out that he could grant such an easement on this property. The easement on Lot 2, Block 1, is to be secured from the present owner of that property. The Town. Engineer was asked to have a complete report prepared at the next meeting so Crestview Drive could be accepted for maintenance if that action was recommended. Mr. Leonard E. Lutz, 317 Kentucky Street was present to request approval of a rubbish hauling license. The application had been previously made at the Clerk1s office and held for Board action. The Town regulations with regard to rubbish hauling were read to Mr. Lutz. It was pointed out that Mr. Lutz did not fulfill all of the requirements. He then stated that he did not intend to engage in a general pickup business but asked permission for only-one stop at a NatiordFood Store which he has under contract. Moritz, Sanitary Inspector, stated that the truck being used is satisfactory for the purpose. Luebben moved, Kaeder seconded that the license be granted with the stipulation that Mr. Lutz be s,11owed to collect garbage from only one place of business in the Township and that a notation be made to that effect on his license. An investigation of the regulations is to be made to ascertain that this type of action by the Board is covered. Ayes — all The question was, raised as to the necessity of putting the name on the truck to be used for the pickup of rubbish. The Board felt this should be done as required in,view of the fact that it could be accomplished without painting and thus devaluing the truck for resale. Percy Johnson, 882 Bartelmy Lane, requested that approximately 150 feet of road be cut through on Bartelmy Lane in the interest of fire protection. The section in question Is immediately north of East Seventh Street at Lots 8 and 9, Block 9, Bartelmy Acres Second Addition. It was pointed out that s;nis road would save nearly a mile travel by the Fire Department to reach the section beyond. The opinion was offered that such work could be done in the public interest and Lhat it,need not be a completed road. The matter was referred to the 'Town Engineer for investigation and report. Pursuant to due call and published and posted,notice thereof, the hearing set for 8 P.M. on this date was called to order by Chairman Luebben, to consider the petition of James and Francis Hughes, sole owners of the property abutting thereon, for the vacation of the alleys between Lots l and 2, Block 24, and Lots 1 and 2, Block 25, Smith and Taylor's Addition to North St. Paul, The notice of this vacation was published in the official Town newspaper as required on December 13th and 20th, 1956. Chairman Lnebben called three (3) times for objections to this action. Hearing none, O'Mara moved, Kaeder seconded that the following resolution be adopted: 19Whereas, more than fifty percent (500) of all owners of property lying and abutting on Lots 1 and 2, Block 24, and Lots land 2, Block 25, Smith and Taylor's Addition to North St. Paul, Section 10, Town of New Canada, Ramsey County, Minnesota, having filed a petition for the vacation of said alleys, and "Whereas, the hearing on said petition was preceded by two (2) weeks published and posted notices, and "Whereas, no one has appeared in opposition to said petition, and "Whereas, it appears for the best interest of the public that said alleys be vacated, Vow,. Therefore Be It Resolved, by the New Canada Town Board that the j alleys between Lots 1 and 2, Block 24, and Lots land 2, Block 25, Smith and Taylorrs Addition 'to North St. Paul, Section 10, Town 29, Ramsey County, Minnesota, be and the same are hereby vacated. Ayes - all" A letter from Carley, Town Engineer, was read stating that the contractor, gladstone Improvement Company, has requested final payment for the construction of the street department garage. An inspection by the Town Engineer found several items remaining to, be completed. 1. Soldering on stack for unit heaters to make stack water—tight', 2. Two circuit breakers missing from the electrical panel box; 3. Install collar around outside of louvre to protect insulation from moisture„ In addition, the painting of the overhead doors has not beeicompleted. The contractor suggested that this painting be done in Spring when weather conditions are more favorable. The Engineer concurred in this latter suggestion and recommended withholding $80.00 for this purpose from the final payment. Also attached was a final estimate, in the amount of $3009.60, showing all work substantially completed except the abovementioned painting. The 10% retainer, in the amount of $1670.40, was withheld from the estimate. It was recommended that the attached payment be made and as soon as Items 1 through 3,have been completed, the Town Board make a final inspection tour of the building. If the Board concurs in the recommendation for acceptance, the Engineer suggested that the 10% retainer, which excludes the $80.00 for the overhead door painting, then be paid. The Board decided to make a final inspection tour of the garage that evening and then make their decision. Ljungren, representing the Town Engineer, reported that the installation of four (4) street lights requested at the last meeting had been ordered on the day following. Pursuant to due call and posted notice thereof, the hearing set for 8 :15 P.M. on this date to consider the aiplication of Albert Durow for a 3.2 malt liquor license at 2251 Larpenteur Avenue, the Hillerest Food Market, was called. to order by Chairman Luebben. Mr. Durow is renting this establishment from the owner who was licensed-at this same address. Chairman Luebben called three (3) times for objectors to the granting of this license. Hearing none, Raeder moved, 0114ara seconded that the application be sent to the Board of Ramsey County Commissioners! with a recommendation for approval. Ayes ., all At the request of LaPlante, Gas Inspector, and the Clerk, the matter of gas installers licenses and competency certificates was opened for discussion. Swen Anderson, Secretary to the Examining Board which issues the competency cards was also present. Member O'Mara, briefly described the background on the formation of the Examining Board. The present membership of this Board was reported by Mr. Anderson. The question involved was to determine whose competency card should.be considered as satisfactory for licensing in New Canada Township and whether each cards should be required before the license is issued. The matter was resolved by agreement to accept competency certificates issued by St. Paul or the Examining Board. The current effective card number is to accompany all applications for license. Cards are issued for the calendar year. Licenses are not to be issued until such information has been supplied and approved by the Town Gas Inspector. Swen Anderson recommended that an attempt be made to place William Laplante, Town Gas Inspector, on the Examining Board as a representative of the Township. It was felt that New Canada should be represented in view of it's pioneering efforts for the establishment of the Board. The Board concurred in this suggestion and asked Mr. Anderson to recommend that action to the Examining Board. The meeting was then recessed for the purpose of making an inspection tour of the Street Department Garage. _ Upon the return of the Board from the inspection tour, it was recommended that $100.00 be withheld for the painting of the doors, the soldering of the unit heater stack and the furnishing of the louvre collar. The missing circuit breakers were found to have been installed. The Town Engineer was instructed to prepare a letter which would re- commend payment of all but $100.00 to the contractor to cover the cost of the above described work. O'Mara moved, Luebben seconded that the balance, in the amount of $4660.00, be paid to the Gladstone Improvement Company. Ayes — all Meeting adjourned at 10:30 P.M. Forrest R. Schmid Clerk January 17, 1957 The regular semimonthly meeting of the Board was called to order at 7 P.M. by Chairman Luebben. All members of the Board were present. OrMara moved, Kaeder seconded that the reading of the minutes of the January 3rd, 1957 meeting be waived until the next meeting. Ayes •- all Mr. Walter Nemitz, 2400 Highwood Avenue, presented a proposed plat of Pleasantview Park, the location is described as the West 1143.4-feet of the NEB of the SW4 of Section 13,, Town 28 N, Range 22W. The site is south of Highwood Avenue. The Board referred the plat to the Planning Commission and the Town Engineer for study and report at the next meeting of the Board. Member Othlara brought before the Board a copy of the building plans for the C. W. Gausman property on Frost Avenue. The Planning CommissionIs report was read. They pointed out that the building setback line vial not clearly marked but appeared to be between 25 and 30 feet behind the property line. They suggested some consideration be given to the establishment of a specific setback figure at least along Frost Avenue. They further pointed out that the grade line at the front of the building was 3 to 3—_,' feet below the center line of the road. This was not felt to be a desireable situation with regard to future development of the area. They also noted that the basement floor level was 13� feet below the centerline of the street. This depth would make later possible sanitary sewer connections difficult or impossible, necessitating the omission of this building from such connections. Luebben moved, Kaeder seconded that the Planning Com- missionts report be accepted and the information communicated to Mr. Gausman. Ayes n all The Town Engineer's report on the proposed extension of Bartelmy Lane to East Seventh Street was read. They estimated the cost to be approximately $1200 to $1500. They pointed out that in order to complete the extension it would be necessary to obtain easements from the property owners of property on the west side of Bartelmy Lane and from the Great Lakes Pipe Line Company which owns a pipe crossing the road at this point. The pipe was .felt to be low enough that it would not interfere with grading operations. OoMara moved, Luebben seconded that the Town Engineer be authorized to proceed with the securing of the necessary easements and other engineering data relative to the construction of the street. Ayes — all A letter from the Town Engineer was read with regard to the discharge of sewage waste into a slew directly behind the Philipville Trailer Court at 2557 Highway No. 61. The letter pointed out that tests had been made by the Twin City Testing and Engineer- ing Laboratory, Inc. A copy of the tests was presented. The conclusions reached by the Town Engineer from the results of the tests and field observations is that the slew area contains sewage contamination being discharged through a storm sewer from the Philipville Trailer Court. They recommended that action be taken to correct the situation. O'Mara moved, Luebben seconded that the tests results be sent to the State Department of Health with the recommendation that the license be cancelled for the Philipville Trailer Court. Ayes — all Chairman Luebben declared that a hearing would be held at 8;00 P.M. on February 7, 1957 to consider the applications for 3.2 malt liquor licenses received from A. W. Magnuson for a business at 2627 White Bear Avenue (formerly Harts Grocery) and from Earl Pierson owner of Frost Meats at 1164 Frost Avenue. The Clerk was instructed to post notices of the hearing. A letter from Florence Gerten, 2160 Day Road, was read. The letter requested a "dead end" sign to indicate that Junction Road does not run through between Atlantic and Duluth in the Hills and Dales Addition. Moritz, Street Supervisor, stated that such a sign had at one time been installed at this location. The matter was referred to Moritz for investigation and action if necessary. The Clerk reported the receipt of a copy of the "Minnesota Manual on Uniform Traffic Control Devices". The Manual is to be placed on file in the Clerk's Office for the use of the Town Engineer, Street Department and Town Police. A letter was read from the County Auditor's office informing the Township that the Board of County Commissioners had authorized an apportionment of $9,392.37 from the County's Road and Bridge Fund to the Town of New Canada for the construction and maintenance of Town_ streets, roads and bridges. Luebben moved, O'Mara seconded that Leo Kaeder be appointed as Weed Inspector for the year 1957 for the Town of New Canada. Ayes — all Sam Ferries, 1227 Lealand Road, appeared before the Board requesting information on the naming of a one block portion of Lealand Road between Atlantic Street to English Street which according to the street sign has been designated as let Avenue. He pointed out that it has caused considerable confusion in the area. Mr. Ferrise was informed that the Board was aware of the situation and that this, along with a number of other street name problems, would be corrected following a survey of the entire Township by the Town Engineer and Clerk. All changes will be included in the recommendations to the Board. Donald Kampa, 2054 English Street, requested information on the drainage situation in his -area as it is affected by a drainage problem on the west side of English Street. The Board instructed Ljungren, representing the Town Engineer to again investigate the situation and assist in it's correction if possible. Mrs. Peterson requested that a street light be installed at the intersection of Gem Street and County Road C. The Board instructed the Clerk to make this request to the Board of Ramsey County Commissioners. Meeting adjourned at $c05 P.M. Forrest R. Schmid Clerk February 7, 1957 The regular semi—monthly meeting of the Board was called to order at 7:15 P.M. by Chairman Luebben. All members of the Board were present. The minutes of the January 3, 1957 meeting Were read. It Was pointed out that Member 01Mara, not Swen Anderson, had recommended placing LaPlante, Town Gas Inspector, on the Heating and Air Conditioning Examination Board. Kaeder moved, Luebben seconded that the minutes be accepted as corrected. Ayes » all The minutes of the January 17, 1957 meeting were read. The Planning Commission's report, which included plans.of the C. W. Gausman proposed building, was merely delivered by Member O'Mara on behalf of the Planning Commission secretary. Luebben moved, Kaeder seconded that the minutes be accepted as corrected. Ayes W all Mr. Les Barton of the Johnson and OMBrien Company appeared before the Board to present a proposed plat of Block 7, Clifton Addition. The area is bordered on the,south by County Road "B°, by English Street on the east, by Third Avenue on the north and by Atlantic Street on the west. The proposed plat showed a rearrangement of the lots on the original plat. Mr. Barton raised the question of the Boardos willingness to approve lots of 74.78 foot frontage on one side of the.plat. This arrangement was felt necessary because an existing home on the property prevents a layout of lots with full,75 foot frontage. The lots were found to meet the 10,000 square foot minimum area requirement. Lots on the side opposite the existing home do meet the frontage requirement. The Board asked if the developer planned to use the lots platted on the original Clifton Addition or wbether it was intended to use the new lot lines superimposed on the plat. Mr. Barton stated that this matter had not been discussed but that the advice of the develop— mantis engineer would be followed in this matter. The Board stated it-.Is disapproval of the use of metes and bounds descriptions and suggested that a rearrangement of the area be considered instead. It was pointed out that this would also have the effect of vacating the alley therein. Member O'Mara recommended that at some future date a re- vision be made to the Building Code requiring certificates attesting the accuracy of a description when metes and bounds description were used. Luebben moved, Kaeder seconded that the .22 feet shortage on the lots be waived from the 75 foot frontage requirement and that the owner of the property be given permission to layout the lots in this manner. Ayes - all Mr. Albert Phillip of the Philipville;Trailer Court was present and reported that a tanker had been purchased to use in pumping out the sewage disposal system. By so doing he felt he could keep the water at a level which would prevent a recurrence of the overflow previously encountered. The elimination of the overflow had been required by the Town Board of Health Chairman at a recent conference with Mr. Philip. It was also pointed out that Mr. Philip was not to add any new trailers to his court until a com- pletely satisfactory solution,to the problem is reached and approved by the Town Board of Health. Ray Kroiss, 1475 Transit, Roseville, appeared before the Board with reference to the property on the NE corner of Hazelwood Avenue and Highway No. 36, known as Ballingers Addition. He stated that, although proposed for rezoning, it had been allowed to remain in a residential classification upon the request of the owner at that time, Mr. Ballinger. Mr. Kroiss felt that the area immediately east of this tract, now zoned light manufacturing, interferes with its use for residences. He also stated. that he had a possible commercial use for the area and requested that it be so rezoned.. The Board pointed out that the area had been left in a residential classification because i of the objections of the people in the area and to now zone it commercial would be breaking faith with those people. They did not feel they could consider such a request favorably. Pursuant to due call and notice thereof, the hearing set for 8 P.M. to consider the application of Earl Pierson and A, W. Magnuson for 3.2 malt liquor licenses was declared open by Chairman Luebben. The first application considered was that of Earl Pierson for a license at Frost Meats, 1164 Frost Avenue. Chairman Luebben called three (3) times for objections to the granting of this license. Hearing none, Kaeder moved, O'Mara seconded that the application be recommended for approval by the Board of Ramsey County Commissioners. Ayes — all The second application considered was that of A. W. Magnuson for a license at Arts Grocery, 2627 White Bear Avenue, formerly Reuben Harts Grocery, which had been granted a license. Chairman Luebben called three (3) times for objections to approval. Hearing none, O'Mara moved, Kaeder seconded that the application be recommended for approval by the Board of Ramsey County Commissioners. Ayes — all. Mr. Harold Freitag, St. Paul Tourist Cabins appeared before the Board and asked if they were aware of the proposed bus line changes now before the State Railroad and. Warehouse Commission which would remove bus service from Frost Avenue. Chairman Luebben pointed out that he had sent a letter to the Commission with reference to the change. Mrs. Marie C. Youngdahl, 2530 Highway No. 61, appeared before the Board. She reported that she had contracted for electrical rewiring work to be done in her home by the Burse _. and Wakefield Company last summer. The contractor indicated to her that Township re- quirements were more strict than elsewhere in the area and for that reason, the cost higher than normal. A mimeographed copy of a revision of the electrical code, furnished by the Town Electrical Inspector, was produced by the contractor to support his claim at that time. The difficulty arose from the use of a term in the form that referred to thin wal'1 conduit. Mrs. Youngdahl requested that the form be corrected to prevent future misunderstandings. The Board pointed out that the term used on the form was in common usage among electrical men and should not have led to such a situation. The Board referred the matter to the Town Electrical Inspector and authorized him to conduct an investigation of the matter with a subsequent report to be made to the Board., Anton Thell, 1750 Kennard, reported that he purchased property at the corner of Fenton and Walter Streets. The lot has 73 foot front and a depth of 132 feet. It does not meet the minimum frontage requirement nor the 10,000 square foot minimum area require- ment. He requested that the Board waive these requirements in view of the fact that he could not purchase additional property to reach minimum standards. It was suggested that he make a further attempt to secure an additional three (3) feet from the adjoining lot. At was also pointed out that he would not be able to secure a building permit on the property until arrangements were made to complete the street in front of this property. Cecil Little, 710 E. County Road "B° presented a petition requesting the grading, storm sewers and gravel stabilized base construction of the following named streets in the plat known as Little's 2nd Additions E. Kenwood Drive, between the N. line of Echo Street and the S. line of County Road "B°; Eldridge'Avenue between the W. line of Arcade Street and the E: line of E. Kenwood Drive and Belmont Lane from the R. line of E. Kenwood Drive east to end. After an examination of the petition and plans submitted, Luebben moved, Kaeder seconded that the following resolution be adopted; BE IT RESOLVED BY THE TOWN OF NEW CANADA, RAMSEY COUNTY, MINNESOTA; 1. A certain petition requesting the improvement of E. Kenwood Drive between the N. line of Echo Street and the S. line of County Road 1113°, Eldridge Avenue between the E. line of E. Kenwood Drive and the W. line of Arcade Street and Belmont Lane from E. Kenwood Drive east to end, filed with the Board on the 7th day of February, 195'7, is hereby declared to be signed by the required percentage of owners of property.affected thereby. This declaration is made in conformity to Minn. Statutes, Sec. 2429.035. 2. The petition is hereby referred to Milner W. Carley and Associates, Town Engineers, and they are instructed to report to the Board with all convenient speed advising the Board in a preliminary way as to whether the proposed improve- ment is feasible and. as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. , Ayes — all A letter from Milner W. Carley and Associates was then read with reference to Little's 2nd Addition and the improvements proposed therein. The letter, written after a study of the _proposed improvements, included the following information; 1. The proposed improvement is feasible; .2. It can best be carried out alone rather than in combination with other improvements; 3. The preliminary estimate of cost, to include grading, storm sewer construction and a 9 inch gravel stabilized subbase but not bituminous surfacing, is $246,500.00. - The Town Engineer recommended that the bituminous stabilized base be constructed after the majority of,the lots are developed and houses constructed on them. It.was noted that plans and specifications for the work were prepared and attached and the recommendation was made to advertise for bids immediately. Having heard the report of the Town Engineer, Kaeder moved, Luebben seconded that the following resolution be adopted: WHEREAS,. pursuant to resolution of the Board adopted February 7th, 1957, a report has been prepared by Milner W. Carley and Associates, Town Engineers, with reference to the improvement of E. Kenwood Drive between the N. line of Echo street and the S. line of County Road "B ", Eldridge Avenue between the E. line of E. Kenwood Drive and the W. line of Arcade Street and Belmont Lane from the E. line of E. Kenwood Drive east to end, and this report was received by the Board on February 7, 1957• NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, TOWN OF NEW CANADA, RAMSEY COUNTY, MINNESOTA# 1. The Board will consider the improvement of such streets in.accordance with the report and the assessment of abutting property for,all or a portion of the cost of the improvement pursuant to Minn. Statutes, Sec. 2429.011 to 2429.111 (Laws 1953, Chap. 398, as amended) at an estimated'total cost of $246,500.00. 2. A public hearing shall be held on such proposed improvement on the 7th day of March, 1957 in the New Canada Town Hall at 9 P.M. and the Clerk shall give published notice of such hearing and improvement as required by law. Ayes .- all In view of the Town Engineerts recommendation advising immediate advertisement for bids, and the report that all plans and specifications were in order, the Board felt it could best determine the advisibility of ordering the improvement if the bids were received before the hearing. Luebben moved, Kaeder seconded that the following resolution be adopted: WHEREAS, The Town Engineer has presented plans and specifications for the proposed Improvements in Little's 2nd Addition, NOW, TBERIFORE, BE IT RESOLVED, That the Town Engineer be and is hereby instructed to advertise for bids on the basis of said plans and specifications. Said bids are to be received not later than 8 P.M. on March 7, 1957 and opened at that time. Ayes — all The Board received a proposed. platting of DeMars 5th Addition, The plat covers all that part of the S3/4 of the 111/2 of the SE1/4 of Section 18, Town 29, Range 22, lying northeasterly of Block 5, City Heights Addition. Luebben moved, Kaeder seconded that the plat of DeMars 5th Addition be referred to the Town Engineer and Planning Commission fo'r investigation and report. The Clerk was instructed to inform Kendall DeMars, developer of DeMars 5th Addition, that the plat has been turned over to the Town Engineer and Planning Commission, but t1tat no further action will betaken by those groups until topographical maps are furnished. A letter was read from the Town Engineer with reference to the proposed plat of Pleasant— view Park. The letter stated that the plat has been examined and the site personally visited. They found the plat feasible from an engineering viewpoint. It was pointed out that several small drainage problems exist along the west side of the plat and that drainage easements may be required to carry surface drainage from.the area. The Town Engineer recommended that such easements not be obtained until street and drainage plans have been prepared. They recommended approval contingent upon the furnishing of such easements, if and when needed. They also called to the Board's attention, the fact that the name Pleasantview Street is already assigned to a street in another area of Ramsey County and suggest that this name be changed. The Planning CommissionIs report was then read with reference to Pleasantview Park. They reported the following: 1. It does not appear necessary to offset Marnie Lane: The number and size of lots could remain the same with a straight street and eliminate street.main -- tenance problems. ,2. Mamie Lane and Pleasantview Street should be provided with turn. arounds., 3. The Planning Commission assumed that the surrounding property is unplatted and would create no problems in developing the surrounding areas in the future. The felt the plan offered the best solution to a difficult terrain problem. The Clerk was instructed to return the plat to the developer along with copies of the letters from the Town Engineer and Planning Commission. Ljungren, representing the Town Engineer, reported the results of his investigation of the drainage situation on English Street between Ryan Avenue and Belmont Lane. His Investigation disclosed that a ridge line formerly ran along west of Chambers Street which drained into the English Street area. The area of drainage has now been decreased to that running east of Chambers Street. Although the amount of run -off has been increased by the development of the area, he felt this was offset by the decreased area drained. Luebben moved, Kaeder seconded that the one block between English and Atlantic Streets, now known as let Avenue, be and is hereby renamed Lealand Road to conform with the exten- sion of that street to the west. Ayes - all A drainage easement to the Town of New Canada was received from Edward Heckeroth, widower, and. Helen D. and Harold A. Smith, wife and husband, owners of 'Lots 2 and 3, Block 1, Heckeroth Addition, for the purpose of installing and maintaining a storm sewer. The easement included the southerly five (5) feet of Lot 2 and the northerly five (5) feet of Lot 3. Ljungren was instructed to obtain a, similar easement for Lots 2 and 3, Block 2, Heekeroth Addition. A letter from Sohn E. Bloomquist, Inc., with reference to the provisions of a bridge across the Soo Line Railroad right -of -way immediately west of Edgerton Street on Larpenteur Avenue, was read. He pointed out that no provision was made for the construction of this bridge when arrangements were made for the widening and construction of Larpenteur Avenue between Rice Street and Edgerton Street. Mr. Bloomquist indicated that Mr. Bronson, County Engineer, felt that a request for this bridge from the Town of New Canada, in addition to other in- terested groups, would facilitate his efforts to obtain funds for the construction of the bridge. The Board was requested to consider the matter and at their discretion forward the results of their consideration to the proper authorities. Luebben moved, 0114ara seconded that the following resolution be adopted: �_I- A - WHEREAS, The County of Ramsey has made provisions for the improvement of Larpenteur Avenue between McMenemy Road and Edgerton Street and, WHEREAS, The completion of this improvement requires a bridge across the Soo Line Railroad right -of -way, j NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the Town of New Canada hereby urges the Board of County Commissioners of Ramsey County,to ,appropriate funds for the purpose of completing this improvement and that the Clerk is hereby instructed to forward a copy of this resolution to the Board of County Commissioners and the County Engineer of,Ramsey County. Ayes - all The second section of the Planning Commissions report, with reference to the building plans of Mr. C. W. Gausman at the Frost Avenue location, was read. The Planning Com- mission pointed out that they had previously reported on Mr. Gausmands proposal and that the letter received later concerning building plans was of no particular concern to them. They felt; however, that the previous recommendations should be followed. Mr. Gausmants letter was then read. The letter contained a reference to the grade level and indicated compliance with the Planning Commissions recommendations. The matter of the building plans were referred to Londin, Building Inspector for investigation and recommendation. A letter and plat of the Proposed °Membrez Addition" was received from the secretary of the County Plat Commission. This plat was previously discussed. and recommended for approval by the Town Engineer and Planning Commission under the name of Pfluegerts Addition to Gladstone. The Clerk was instructed to so inform the Plat Commission. Another letter and the proposed plat of Markfort Park was received from the County Plat Commission. The plat is situated on County Road A -2 between Arkwright and Clark Streets. Because the Town Board had no previous knowledge of this plat and there is no further information available on it, the Clerk was instructed to write the developer and, request full details before any action will. be taken. A letter from the Heating and Air Conditioning Examination Board was. read.. The letter pointed out that the Examination Board was in a position to offer written examinations. They also pointed out that incompetent men are being allowed to work in gas installation in various areas. They requested that local inspectors be instructed to check for competency cards frequently in order to insure a greater degree of :public safety. A second letter from the Examination Board stated that Mr. Swen Anderson has placed Town Gas Inspector William LaPlante's name before the Board for appointment to the Board. LaPlante is to be given full consideration for membership when a replacement is needed. A third letter from the Examination Board noted the attachment of a complete list of individuals who carry competency cards for 1957. LaPlante, Gas Inspector, was present at the meeting. He pointed out that an application had been received from a Roseville gas installer who does not have a competency card, but was recommended for licensing by the Roseville Gas Inspector. The Board stated. that in no case had any installer been "grandfathered° in for licenses. Only installers who successfully passed examinations were licensed. The applicant had 'indicated that he was willing to take an examination. The policy was adopted that such applicants be instructed to take an examination from whichever source it first became available, St. Paul, Minneapolis or the Heating and'Air Conditioning Examination Board, and if successfully passed, the applicant would be granted a license in the Township. No local examinations are to be'giveh. The question of licensing of department stores and appliance dealers was discussed. The St. Paul system of issuing special competency cards, based on an oral examination, and special licenses for such dealers was explained. Hot water heater installations are ex- cluded from this "special arrangement. IT was decided to adopt the St. Paul system and license charge of $5.00 for such firms. Memmer, Town Attorney, was instructed to prepare an amendment to the Building Code to provide for this arrangement. A request was received from the Lakeview Lutheran Church. for the installation of a street light at County Road nCn and Spicer Road. The Clerk was instructed to forward this request to the Board of Ramsey County Commissioners. A request was received from property owners in the vicinity of 2026 Prosperity Road for the installation of a street light in that area. The Clerk was instructed to forward this request to the Board of Ramsey County Commissioners. A letter was read with regard to a home at 18, 4 Livingston Place, owned by Michael Mariano, which is in a Residence District (Single Dwelling) classification and is currently In use as a duplex. The matter was referred to the Building Inspector for Investigation and report. In response to a request by the Twin City Rapid Transit Company, O'Mara moved that they be given the approval of the Town Board. of New Canada to apply to the Minnesota Railroad and Warehouse Commission for the operation of a bus line for a ninety (90) day trial period from Tanners Lake On Highway 100 southerly to Upper Afton Road then westerly on Upper Afton Road to McClelland Avenue, at which point' the bus would wye and return. The present 50 addition to the St. Paul fare is to be used on this operation. Luebben seconded. Ayes — all A letter was received from Bronson, County Engineer, reporting the Counvs inability to install a street light at Stillwater Road and Ferndale Avenue because Stillwater Road is a state highvray. Because the State will not install such lights, the matter was referred to the Town Engineer. The Street Departmentts request for telephone service at the Town garage was referred to the Clerk for investigation. The question of issuing burning permits was discussed.. It was decided to assign the responsibility for issing such permits to the Fire Department. Meeting adjourned at 1:15 A.M. �i. Forrest R. S� ( ) chmid Clerk February 18, 1957 A special meeting of the Board was called to order at I4:445 P.M. by Chairman Luebben. All members of the Board were present. Mr. DeWahi and Mr. Sullivan of Ellerbe and Company were also in attendance along with Carley,'Town Engineer and Memmer, Town Attorney; for the purpose of discussing the pro- posed construction of Conway Avenue. A petition, signed by Richard Post, Assistant Secretary, on behalf of the Minnesota Mining and Manufacturing Company, requested the construction of Conway Avenue from the east line of East Avenue, west to Highway No. 100. The petition, plans and specifications were discussed. Luebben moved, O'Mara seconded the adoption of the following resolution: BE IT RESOLVP,D BY THE BOARD OF SUPERVISORS, TOWN OF NEW CANADA, RAMSEY COUNTY, MINNESOTA: 1. A certain petition requesting the improvement of Conway Avenue between the E. line of East Avenue and the W. line of East County Line Road, filed with the Board on the 18th day of February, 1957, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Sec. 429.035• 2. The petition is hereby referred to Milner W. Carley and Associates, Town Engineers, and they are instructed to report to the Board with all conven» ient speed advising the Board in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Ayes d all A letter from Milner W. Carley and Associates was then read with reference to the proposed construction of Conway Avenue. The letter, written after a study of the proposed improve- meats, included the following information: 1. The proposed improvement is feasible; 2. The proposed improvement'can best be carried out alone rather than in combination with other improvements. 3. The preliminary estimate of cost, to include grading, sub —grade stabilization, gravel stabilized base, bituminous surfacing and seal coat, is $18,000.00. 4. Only that portion of Conway Avenue from the E. line of East Avenue 2000 feet to the east should be constructed at this time. They further recommended that the'road be designed and constructed as a 9 ton all weather road. Certain deviations from standard street type section, desired by Minnesota Mining, were felt to be matters of policy to be considered by the Board. Having heard the report of the Town Engineer, Luebben moved, Kaeder seconded that the following resolution be adopted: r WHEREAS, pursuant to resolution of the Board adopted February 18th, 1957, a report has been prepared by Milner W. Carley and Associates, Town Engineers, with reference to the improvement of Conway Avenue between the E. line of East Avenue to the W. line of Highway No. 100 (East County Line), and this report was received by the Board on February 18, 1957. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, TOIAT OF NEW CANADA, RAMSEY COUNTY, MINNESOTA: 1. The Board will consider the improvement of such street in accordance with the report`, which recommends that only that portion of Conway Avenue from the E. line of East Avenue, 2000 feet east, be constructed and the assessment of abutting property for all or 'a portion of the cost of the improvement pursu- ant to Minnesota Statutes, Secs. 429.011 to 429.x.11 (Laws 1953, Ch. 398 as amended) at an estimated total cost of the improvement of $18,000.00. 2. A public hearing shall be held on such proposed improvement on the 7th day of March, 1957,in the New Canada Town Hall at 8:30 P.M., and the Clerk shall give published notice of such hearing and improvement as required by law. Ayes —.all The Town Engineer was further instructed to proceed with the preparation of plans and specifications to be used in the advertisement for bids and to prepare the notice for bids. , Meeting adjourned at 6 :15 P.M. Forrest R. Schmid Clerk February 21, 1957 The regular semi — monthly meeting of the Board was called to order at 7:20 P.M. by Chairman Luebben. All members of the Board were present. The minutes of the February 7th, 1957 meeting'were read. Kaeder moved, O'Mara seconded that the minutes be accepted as read. Ayes — all Earl Kirk, 500 Scotland Road appeared before the Board. He stated he had purchased an exposed basement structure which has been condemned for living purposes but suitable for the addition of a superstructure to be used as a home. He requested permission to add a 12 x 24-foot section to the basement which would. bring the floor area over the minimum requirements of the Building Code when the home is completed. Mr. Kirk plans to use.the basement for a workshop and 'garage in the meantime. He was asked to await the arrival of Londin, Building Inspector, for a report on the basement's condition. William D ®Lange, 2659 Harvester, requested permission to keep a housetrailer on his pro- perty until June 15th, 1957. He stated his intention to work on the trailer and that it is not to be used for living purposes. Luebben moved, Kaeder seconded that Mr. DeLange be given permission to keep the trailer pn his property for the stated purpose for a 90 day period. Ayes — all Harold Shearer, an attorney at 544 Minnesota Building, presented a petition requesting the rezoning on Lots 13 and 14, Auditor's Sub — Division No. 77, from an R -1, Residence District (Single Dwelling) to Business and Commercial, on behalf of a client. The location is on Stillwater Road near Minnehaha`Avenue. The site is intended for the eonstraction of a bowling alley building of 130 x 140 foot dimensions. The petition was accompanied by an abstractor's certificate of'the property owners within 200 feet of the area proposed for rezoning and the $25.00 fee required under the Zoning Ordinance. A discussion followed on the adequacy of parking facilities on the property. The peti- tion was referred to the Planning.Commission and arrangements were made with Mr. Shearer to provide building and property plans for the Planning Commissionts examination and report. 'Luebben moved that a hearing be set for March 21st, 1957 at 8;00 P.M. in the Town Hall for consideration of the request for rezoning and that the Clerk be instructed to publish and post proper notices. Kaeder seconded. Ayes — all Mr. Kirk's request was again brought up for discussion upon the arrival of Londin, Building Inspector. Londin reported the matter of the previous condemnation proceeding against the property and raised the quostion of whether it would now be legally proper to use the structure. He further pointed out that no assurance had been given as to when the super- structure would be completed and that he would want the opportunity to examine the base— . ment before declaring it adequate to support a superstructure as planned by Mr. Kirk. Memmer, Town Attorney, pointed out that it has been a policy of the Board to require a bond and set a time limit to insure the completion of the superstructure in such cases. The matter was referred to Londin for investigation and report. Mr. Kirk was advised to consider the length of time he would require for completion of the superstructure, his proposed construction plans and his willingness to post the required bond. The reports are to be given at the next regular meeting. C. W. Gausman, 836 W. Lamenteur Avenue, requested the Building Inspector's report on his proposal to move a former church building onto the Brost Avenue location. Londin, Building Inspector, reported the building to be in good condition and suitable for the intended purpose. He also reported that Mr. Gausman had indicated his intention to refinish the exterior of the building. Mr. Gausman stated his willingness to comply with the recommendations of the Planning Commission with regard to set -back lines and grade level. The grade level.is to be one (1) foot above the centerline of Frost Avenue. Luebben moved, Kaeder seconded that the Building Inspector's report be accepted and that Mr. Gausman be given permission to move the building on to the property axid so situated that the grade level will be one (1) foot above the centerline of Frost Avenue. Ayes - all ,Mr. Ray Pritchard of Pritchard Lumber Company requested permission to construct a new warehouse building dm his property for use in connection with his business. Because of the unusual type of construction proposed, a pole type foundation is to be used, it was felt to be a matter requiring a decision of the Board. Mr. Pritchard stated that it is to be built,on property leased from the railroad for a five year period and, although he has an option to renew the lease, the cost of a more permanent type building was not justified. Londin, Building Inspector, reported his approval of the proposed structure and recommended acceptance by the Board. Luebben moved, Kaeder seconded that Mr. Pritchard be given the requested permission. Ayes - all Anton Thell, 1750 Kennard, who had requested permission to build on a sub - standard size lot at the last regular meeting, reported that he had been successful in acquiring an additional three (3) feet from the adjoining lot to provide him with 'sufficient frontage (76 feet) and fulfill the minimum area requirement of 10,000 square feet. - Because the lot is located at a point where neither street .abutting the property is graded, this matter was discussed. It wa.s. pointed out that permission had been granted, in a similar situation on Adele Street, for a private driveway under an agreement that the-driveway is to be maintained by the property owner. Fenton Avenue is graded up to Mr. Thell's property. Luebben moved, Kaeder seconded that the Town Attorney be instructed to draw up an agreement with Mr. Thell providing for permission to install a driveway for which no maintainence would be required from the Township and providing for an assessment against the property when the street is eventually constructed. Ayes - all Member O'Mara brought up for discussion the matter of the property on which a building recently burned down on the corner of Frost Avenue and Barclay Street. He pointed out that although the area had been leveled, no effort had been made to determine whether the well had been capped. He suggested an investigation and necessary corrective action to prevent possible contamination during the Spring thaw. Londzn, Building. Inspector, was instructed to contact the owner and to arrange for proper sealing of the abandoned well. .-Harold A. Smith, 230 Crestview Drive, appeared before the Board, and stated his agree- ment to correct the drainage easement requested by the Board on the Heekeroth Addition property. - Arrangergents were made to provide the drainage easement on Lots 2 and 3, Block 2, Heckeroth Addition. Luebben moved, Kaeder seconded that the portion'of Crestview Drive in the present plat of Heckeroth Addition be accepted for maintenance by the Township. Ayes - all Mrs. Peterson, Deputy Health Officer, asked. that a.letter written'by her to Mr. Albert Philip, owner of Philipville Trailer Court, be read to the Board. The letter was in reply to a request from Mr. Philip that he be allowed to park eight (8) additional trailers in his court. Permission for this was granted providing Mr. Philip agreed to keep the sewage tanks pumped and hauled away until the balance of the proposed drainfield is completed. The letter also requested the names of the trailer owners and locations of the trailers. She pointed out that these people would be required to move if any more sewage is found to be draining into the swamp area or if the sewage is not hauled away. The receipt of the letter was acknowledged by Mrs. Albert J. Philip. Mrs. Peterson reported that this letter was written with the approval of Dr. Nimlos, Chairman of the Board of Health. Mrs. Peterson also reported that upon the complaint of adjoining property owners, she had investigated a health situation at 2010 White Bear Avenue. She found that renters of property owned by Ray Lallier at that address had allowed the drainage system to over- flow. Upon contacting Mr. Lallier, he agreed to have the situation corrected immediately. She reported that Keller Sanitation arrived the following morning and after considerable difficulty, had pumped the septic tanks. Mr. Lallier also agreed to keep the system pumped until a new drain field could be installed in Spring. The Board asked Mrs. Peterson to watch the situation closely and report any further developments. A letter from the Board of County Commissioners with reference to a request received by the Town Board and directed the County's attention, for a street light on County Road C at Gem Street, was read. The request was denied, as recommended in a report from Bronson, County Engineer. The County Engineer's report stated that because there were already lights installed one block -east and one block west of Gem Street, the requested installa- tion was not considered justifiable. It was decided to take no further action on the request at this time. The Town Engineer's report on the proposed plat of DeMarls 5th Addition was read. The letter stated that the plat had been examined, the site visited and found to be feasible from an engineering standpoint. They found a drainage easement necessary for proper drain- age of the street extending from Summer Street. They recommended establishment of a drainage easement along the lot line of Lots 7 and.8, Block 10 with this lot line so placed as to intersect with the lot line of Lots 13 and 14, Block 5, City Heights Addi- tion. This would facilitate construction of a common storm sewer.between the two plats to a low area immediately east of the plats. A drainage easement is also required along the southerly line of Lot 8, Block 10, DeMar's 5th Addition for this common storm sewer. The Planning Commissionts report on DeMar's 5th Addition was also read. After an exam- ination of the plat, they found that the lots appeared to conform to all requirements, that the unnamed street in the plat should be assigned a name and that final acceptance should be withheld until a topographical map is provided. In view of the fact that the Town Engineer had examined a topographical map and also the ground, the Board felt his report could be accepted. Luebben moved, Kaeder seconded that the Town Engineers recom- mendations on the proposed plat be accepted. Ayes - all The Town Engineer presented a statement in the amount of $65.00 from the Gladstone Improve- ment Company for the installation of the steel beam to be used to support the storage area in the Street Department Garage. A letter from the Town Engineer, accompanying the statement, recommended payment of the charges as being fair and equitable. The Board directed the payment of the statement. The final plat of DeMar's 6th Addition was presented for the approving signature of the Clerk. The plat was approved at the December 20th, 1956 meeting of the Board. luebben moved, O'Mara seconded that the Clerk be authorized to sign the approval of the final plat of DeMar's 6th Addition. Ayes - all The Clerk, on behalf of the owner, presented topographical maps and the proposed plat of Markfort Park Addition. Luebben moved, Kaeder seconded that the plat be referred - to the Town Engineer and Planning Commission for examination and report. Ayes - all Memmer, Town Attorney, read a letter from the State Attorney General with reference to the February 26th, 1957 village incorporation election. The letter stated the opinion that the permanent voter registration system should be used in the conduct of the election and that the cost of maintaining that voter registration could be borne by the Township. Harold Krenz, 1287 County Road B, reported that his dog and that of a neighbor had recently been poisoned. He urged that some action be taken to prevent a, recurrence of the situation. Because he felt a personal interest in the situation, he requested farther information on the position of Dog Catcher which he knew to be available. The Board indicated their desire.to secure a Dog Catcher. They suggested that he investi- gate the matter further and present a proposal to the Board at the.next meeting. A letter from Michael Mariano, 1834 Livingston Place, was read. It was in reply to the complaint that the dwelling was in use as a duplex in an area zoned for single dwellings only. The letter stated that Mr. Mariano had leased the house with the intent of re- maining out of the state for health reasons during the period of the lease. When he was unable to find suitable accomodations, he was forced to return to his home. He requested that he be allowed to stay in the home until the expiration of the lease on June 1st, 1957. Londin, Building Inspector, reported that he had contacted Mr. Mariano and found the complaint correct. He then ordered Mr. Mariano to leave the house by February 28th, 1957. In view of the circumstances, the Board agreed to grant Mr. Mariano's request if he would provide a copy of the lease, a statement from the renters to the effect that they will leave at the expiration of the lease or sooner and a statement from Mr. Mariano that he will release the renters from the lease whenever they are ready to leave. The Clerk was instructed to so inform Mr. Mariano. A letter from the Minnesota. Department of Health with reference to the Philipville Trailer Court was read. The Clerk was instructed to place the letter on file. Meeting adjourned at 11 :30 P.M. — Forrest R. Schmid Clerk February 28, 1957 A special meeting of the Board was called to order at 8 :30 P.M. by Chairman Luebben. All members of the Board were present. The meeting was called to make the necessary transfer of funds at the end of the Town of New Canada fiscal year. Luebben moved that $1,000.00 be transferred to the General Fund from the Fire Fund and that the balance in the Fire Fund be distributed between the Gladstone and East County Line Fire Departments. Kaeder seconded. Ayes - all O'Mara moved, Luebben seconded that $957.98 be transferred from the Drag Fined to the Road and Bridge Fund. Ayes - all Kaeder moved that $1805.25 be transferred from the General Fund to the Planning Fund O'Mara seconded. Ayes - all Luebben moved that $11,824.37 be transferred from the General Fund to the Building Fund. Kaeder seconded. Ayes - all O'Mara moved that $104634.82 be transferred from the General Fund to the Equipment Fund. Luebben seconded. 5 "7- P�- — d Ayes - all O'Mara moved, Luebben seconded that the following resolution be adopted: WHEREAS, Action has been taken by the City of St. Paul to change the name of Fauquier Avenue to Bush Avenue and, WHEREAS, Fauquier Avenue extends into the limits of the Town of New Canada between East Avenue and Century Road (formerly known as East County Line Road), NOW, THEREFORE, BE IT. RESOLVED, that any existing portion of Fauquier Avenue and any portion constructed in the future between East Avenue and Century Road (formerly known as East County Line Road) be and hereby is renamed Bush Avenue. Luebben moved, O'Mara, seconded that the d; '7 WHEREAS, It has been purposed that McKnight Road, and Ayes - all foll.ow9ng resolution be adopted: G77 the name of East Avenue be changed to WHEREAS, Parts of East Avenue lie wholly within the limits of the Town of New Canada and other parts adjoin portions lying within the City of St. Paul, which portions have already been requested to be changed to McKnight Road, NOW, THE MFORE, BE IT RESOLVED, That the Board of Supervisors of the Town of New Canada recommends to the Board of County Commissioners of Ramsey County, Minnesota, that all of the road now known as East Avenue lying wholly or in part within the Town of New Canada be changed to McKnight Road. Ayes - all Meeting adjourned at 11 :00 F.M. March 7, 1957 The regular semi - monthly meeting of the Board, acting as Trustees for the'Village of Maplewood, was called to order by Chairman Luebben at 7:20 P.M. All members were present. The minutes of the February 18, 1957 special meeting were read. Member O'Mara pointed out that the report on the Town Engineer's recommendations for Conway Avenue should show point 4, the recommendation that only the first 2000 feet of Conway Avenue be constructed at this time, before point 3, the cost estimate for the 2000 feet of construction work. Luebben'moved, Kaeder seconded that the minutes be accepted as corrected. ;Ayes all O'Mara moved, Kaeder seconded that the minutes of the February 21, 1957 regular meeting be accepted as read. Ayes - all Kaeder moved, O'Mara seconded that the minutes of the February 28, 1957 special meeting be accepted as read. ' Ayes - all Wayne Jennings, Route 1, Lake Elmo, appeared before the Trustees. He reported the purchase of a builc3ing'formerly used fora heating and plumbing business at 839 Century Road, Mr. Jennings proposes to remodel the building and add a second story. 'The first floor is to be used for a dentists office and T.V. repair shop and the second, for apartments. Londin, Building Inspector, reported that he had examined the building plans and found them to be satisfactory but did not wish to report on the condition of the building walls without further examination. He indicated that the supports were adequate. Mr. Jennings agreed to bring the outside walls up to the required standard if necessary and requested the Trustee's approval of his building plans. O'Mara moved, Luebben seconded that the building plans for;the'reco^?� struction and alteration of the building at East Seventh Street and Century Poaa1fa 91� at the Building Inspector be instructed to issue a'permit'for this job to Mr. Jennings. Ayes - all Mr. .Peterdon,'Deputy Health Officer, presented a letter from Mr. .Albert Philip of the Philipville Trailer Court, to be read to the Trustees. The letter reported that there were 78 trailers on the court as of February 4, 1957, and he had added8since that date, five of which'were hooked onto the sewage and water systems and three which were not hooked on to either system. The letter gave the names of owners and location of each trailer as requested by Mrs. Peterson when permission was granted for the addition of the eight'trailers with the understanding that these trailers would be forced to move, in the event of further trouble with the sewage system. Mrs. Peterson presented another letter to be read to the Trustees. It was written by J. Nathaniel Smith requesting permission to allow Mr. Philip of the Philipville Trailer Court to dispose of sewage on Mr. Smith's farm property. Mrs. Peterson reported that the property was well removed from any residential area and that the arrangement was to continue only until Spring plowing time. The Trustees approved the arrangement. Mrs. Peterson 'then reported on her contact with the owners of the property on the corner of Frost Avenue and Barclay Street with regard to the well thereon. She found that it could not be definitely ascertained that the well was capped but that the owners wife indicated that'a plumber had taken care of the well. Later in a contact with the owner, Mrs. Peterson was told that she had no business on the property and that the condition of the well was no concern of hers.. Londin, Building Inspector, reported that to the beat of his knowledge, only an outside well existed on the property and as such does not con- stitute a health hazard. The Deputy Health Officer and Building Inspector were instructed to again contact the owner upon his return from a vacation trip and to continue 'their investigation. Pursuant to due call and published notice thereof, the meeting was declared open at 8 P.M. by Chairman Luebben for the purpose of opening bids on an improvement described as'the grading, storm sewer construction and gravel stabilized sub base construction of E. Kenwood Drive from Echo Street to County Road "B °, Eldridge Avenue from E. Kenwood Drive to Arcade Street and Belmont Lane from E. Kenwood Drive east to end and the construction of storm sewer from the intersection of Eldridge Avenue and Arcade Street to itts outlet at Keller Lake. The bidders and the bid received were as follows: Bidder Ralph 0. North Company 3524 ., 33rd Ave. So., Minneapolis Avoles Construction Company 779 E. Seventh St., St. Paul Serratore Contracting Company 1843 E: Seventh St., St. Paul Street Construction Storm Sewer Construction $16,624.40 None None $27,518.32 $20,392.58 $25,552.86 'St. Paul'Dredging Company $14;132.52 $21,391.21 1397 Laurel Ave., St. Paul (This bid price was offered only if awarded both street construction and storm sewer contracts.) Park Construction Company 51 — 37th Ave.,.N.E., Minneapolis Earth Movers, Inc. 7701 So. Harriet Ave., Minneapolis Robert W. Moore. 886 Edmund Ave., St. Paul Montgomery Construction Company St. Croix Falls, Wisconsin Kimmes Construction Company Hastings, Minnesota Webster Company 182 Snelling Avenue No., St. Paul . Alexander Construction Company 4641 Hiawatha Avenue, Minneapolis Carl Bolander and Sons Company 2933 Pleasant Avenue, Minneapolis Walbon Excavating Company 3242 High -,my #8, Minneapolis $24,155.52 $24,120.06 $17,871.37 $18,200.04 None $31,285.70 None $20,974.51 $179350.78 ' $25,024.45 None $21,723.99 1$22,184.41 $25,975.10 $19,129.89 $25,168.10 $29,496.30 $24,2ol.25 Peter LaMotte Construction Company None $23,481.24 615 Drake Street, St. Paul F. Morettini, Inc. None $29,031.25 852 Westminister St., St. Paul Carl H. Peterson Company $22,718.90 $24,028.60 5946 Pleasant Ave. So., Minneapolis The Serratore Contracting Company bid was accompanied by a $6,000.00 proposal bond. The Montgomery Construction Company bid was accompanied by a $3000.00 proposal bond., All . other bids were accompanied by a proposal or bid bond in the amount of 10%,of the bid submitted. The bids were referred to the Town Engineer for tabulation and report. Pursuant to due call and published and ,posted notice thereof, the hearing set for 8:30 P.M. on this date to consider the proposed construction of Conway Avenue from the E. line of East Avenue 2000 feet to the east was declared open by Chairman Luebben. Ljungren, repre- senting the Town Engineer, reported that the specifications were essentially complete and that the drawings were in the final stages and would be ready before the end of the week. He also submitted the notice prepared for advertisement for bids and reported that it could be published during the following week. He recommended that in view of the imminent completion of all the details and the fact that the Trustees were already familiar with the plans and specifications, that the notice be published and the date set for the opening of bids on the proposed project. O'Mara moved, Luebben seconded that the hearing be continued to the next meeting on March 21, 1957 at 8:30 P.M. at which time the new Village Council would be in session. Ayes - all Luebben moved, OrMara seconded that the following resolution be adopted: WHEREAS, The Town Engineer has reported the plans and specifications for the proposed construction of a,portion of Conway Avenue are nearly complete, and WHEREAS, The Town Engineer has advised that the advertisement for bids is prac- tical at this time, NOW, THEREFORE, BE IT SOLVED, That the Town Engineer be and hereby is instructed to advertise for bids on the basis of said plans and specifications. Said bids are to be received not later than 8:30 P.M. on March 27th and opened at that time. Ayes - all Stanley Burda, 1989 White Bear Avenue, requested that he be granted a permit to build on a corner lot which has only 73 foot frontage and is described as follows: W 73 Feet of the following: Lot 29 except the E 4 feet thereof and all of Lots 30, 31 and 32, Block 2, Warren and Flint's Addition. Mr. Burda pointed out that he could not secure any additional property and that the lot does meet the 10,000 square foot minimum area requirement. Luebben moved, O'Mara seconded that the Building Inspector be instructed to grant the permit to Mr. Burda. Ayes - all Earl Kirk, 500 Scotland Road, appeared before the Board to request that the street grade level at the intersection of Scotland Road and Bradley Street be changed. Luebben reported that he had visited the site of the proposed change with Mr. Kirk and Mr. LeFebure, 1800 Bradley Street. He recommended that the Village Engineer investigate the grade situation. The Trustees instructed the Engineer to investigate and report the findings to the Council. Luebben reported that Mr. Kirk and Mr. LeFebrue had agreed to allow the present Village Dump on Forest Lawn Cemetary property, to be extended onto property owned by them. This offer would extend the life of the dump considerably. Mr. Kirk's request for permission to repair and enlarge the basement structure on Lots 2 and 3, Block 5, King1s Addition for use as a work shop and a garage was discussed. As instructed at the last regular meeting, Londin, Building Inspector, reported that he had examined the foundation and found it suitable for the later addition of a superstructure. The agreement prepared by Memmer, Village Attorney, was then presented to the Trustees for examination. The agreement provided that the basement would not be used for residen- tial purposes until the superstructure is added. It was signed by Mr. Kirk and Luebben for the Village. O'Mara moved, Luebben 'seconded that the Clerk be authorized to grant Mr. Kirk a permit under the terms of the above agreement.' Ayes — all Pursuant to due call and published and posted notice thereof,: the hearing set for 9 :00 P.M. on this date to consider proposed street 'impr..ovements in Little's 2nd Addition was declared open by Chairman Luebben.. Luebben moved, Kaeder seconded that the hearing be continued to the March 21st, 1957 meeting at 9 P.M. Ayes — all A petition, signed:by the owners of more than 35% of the property frontage abutting on Sandhurst Drive (formerly known as let Avenue) between the E. line of White Bear Avenue and the W. line of Van Dyke Avenue was presented to the Trustees. The petition requested the improvement of this street by grading, stabilized base, bituminous surfacing and drainage construction. Luebben moved, Kaeder seconded that the petition be referred to the Village Engineer for investigation and report. Ayes — all LjungreVL ' representing the Village Engineer, reported the receipt of a bill from the Cummings Diesel Sales Corporation in the amount of $122.95 for a service call on the motor grader. In discussing the matter with the Cummings' representatives, he learned that $27.34 of the above amount covered materials which come under the grader guarantee and will be paid for by the factory. The Sales Manager agreed to make the request for payment of this 'portion to the factory but asked that the full amount of the,bill be remitted to the Cummings Corporation in order that they may close their 1956 records accurately. They agreed to refund the amount as soon as it is received from the factory. Ljungren recommended that their request be granted inasmuch as we have other bills from this Company which may be withheld to guarantee the refund. The Trustees instructed the Treasurer to make the payment,as requested. , The Planning Commission's report on the proposed plat of Markfort Park was read. They pointed out the following: 1. All lots appear to conform to minimum area requirements; 2. The new street at the southern perimeter of the plat does not have a name ;. 3. According to the topographical map, much of the area consists of rough terrain, particularly that portion where Clark Street is to be located. No indication of finished street grades is given. They noted that until this information is avail - able complete approval cannot be given. 4. It was noted that the plat is bounded by half streets on three (3) sides. A1- though they recognized the difficulty of.seeuring agreements from adjacent Property owners to assume their share of construction costs, the Planning Commission it is not desireable to serve an area of this site and shape with such limited access. OeMara moved, Luebben seconded that a copy of the Planning Commissionos report be provided the owner and that no future action be taken on the proposed plat until he provides more information to the Village Council. Ayes - all Chairman Luebben then requested the report on the Michael Mariano matter discussed at the last meeting. The Clerk presented a copy of the lease'and a statement from the rentor to the effect that he would move by June 1st, 1957, both requested by the Town Board at the last meeting. The Village Attorney examined the lease and stated that it is not a legally binding agreement. In view of the circumstances in the case, the Trustees in- structed the Clerk to inform Mr. Mariano by letter that he would be allowed to remain in the home until June lst, 1957. He was also to be informed that any further violation of the Zoning Ordinance would result in his being brought into Justice Court and subject to a fine of $100.00 for each day that the violation continues. Londin, Building Inspector, reported that he had received an application for a building permit for a home to be constructed on Frost Avenue on the rear portion of the lot on the S.H. corner of Kennard Street and Frost Avenue. He reported that there had been a drainage problem in this area last year and felt this proposed building might further complicate the situation. The matter was referred to the Village Engineer and Building Inspector for investigation and report. Ernest Radatz, 2829 White Bear Avenue, requested the installation of a street light at the point where Radatz Road terminates East of White Bear Avenue on hehalf of the residents in that area. O'Mara moved, Luebben seconded that the matter be referred to the Village Engineer for investigation and action. Ayes - all A letter, prepared by the County Auditor for the Board of County Commissioners with re- ference to two street light requests, was read. Both requests, one at County Road C and Spicer Road and one at or near 2026 Prosperity Road, were denied by the County Board upon the recommendation of the County Engineer. The Clerk was instructed to so inform the people who requested the installations. The proposed plat of Lark Park, received through the Clerkls Office, was presented to the Trustees. Luebben moved, Kasder seconded that the plat be referred to the Planning Commission and Village Engineer for study and report. Ayes - all A letter from Ronald Powers, County Assessor, was brought to the attention of the Trustees. The letter requested the appointment of an assessor or permission to appoint an assistant directly by the County Assessors Office. The Clerk was instructed to contact Mr. Powers and inform him that the first meeting of the Village Council is to be held March 21st, 1957 at which time a decision will be made on his request. A letter from Burton C. Spear, Director, Machine Accounting Department, Ramsey County, was read. The letter outlined the operation of the new department and requested the _cooperation of the Village Council in providing information on actions taken affecting his department. The Clerk was instructed to answer Mr. Spear by letter and assure him of the complete cooperation of the Village Council in complying with his request. A letter from Pepin, Acting Police Chief, with reference to Howard Ziemer was read. He recommended suspension from,the Police Pores in view of his failure to report for duty since mid - January. Luebben moved, Kaeder seconded that the Clerk be instructed to so inform Mr. Ziemer. Ayes — all Meeting adjourned at 11:45 p.M. Forrest R. Schmid Acting Village Clerk March 71, 1957 Prior to the formal opening of this, the first meeting of the Village Council of the Village of Maplewood, the formal Oath of Office was administered to the following officials by Clerk Schmidt Gerald Berger, Trustee, Walter Rupp, 'Trustee, Edward O'Mara, Trustee, Lawrence S. Olson, Treasurer, Frank Sailer, Justice of the Peace, Roscoe C. Brown, Justice of the Peace, Robert H. Anderson, Constable and Anthony Mariano, Constable. Mayor Waldo E. Luebben and Clerk Schmid had been administered the Oath of Office earlier on this same day by Eugene A. Monick, Ramsey County Auditor, The meeting was then called to order at 7:15 P.M. by Mayor Luebben. All members of the Village Council were present. The minutes of the March 7th, 1957 meeting were read. O'Mara moved, Rupp seconded that. the minutes be accepted as read. Ayes - all O'Mara moved, Berger seconded that the appointment of all professional people be made at this time, that all other appointments be laid over for 30 days in order that the new Trustees may become acquainted with the people in these positions and that the present appointees be retained on a temporary basis during this thirty (30) day period. Ayes - all O'Mara moved, Luebben seconded that Frederick P. Memmer be appointed as Village Attorney. Ayes - all Rupp moved, Berger seconded that Milner Carley and Assoicates be appointed as Village Engineers. Ayes - all O'Mara moved, Luebben seconded that the firm of Bettenberg, Townsend, Stolte and Combs be appointed as Consulting Engineers for sewers. Ayes - all O'Mara moved, Rupp seconded that Dr. Kenneth Nimlos be appointed as Chairman of the Village Board of Health. Ayes - 9,11 Schmid moved, O'Mara seconded that the following named be temporarily appointed to the position indicated: Dorothy Hejny,, Deputy! Clerk; Oscar Londin, Building Inspector;, William LaPlante, Gas Inspector; Vernon Christenson,, Electrical Inspector; Peter Moritz, Sanitary Inspector; Eleanor Peterson, Member of the Board of Health; Peter Moritz, Superintendent of the Street Department; Leonard Pepin, Acting Police Chief; Russell Allen, George Cylkowski, and Richard Schaller, Police Officers. Ayes - all Luebben moved, Schmid seconded that Edward A. OlMara be appointed as Acting Mayor in the event of the absence of Mayor Luebben. Ayes - all O'Mara moved, Rupp seconded that the Ramsey County Review be designated as the official Village newspaper. Ayes - all Luebben moved, Berger seconded that the following resolution,be adopted: RCSOLUD, That the -First State Bank of St. Paul be and hereby is designated the depository ,of the Village of Maplewood and funds deposited in said bank may be withdrawn by check when signed by Lawrence S. Olson, Treasurer, and by the other two following named officers: B. Luebben, Mayor Forrest R. Schmid, Clerk Lawrence S. Olson, Treasurer Ayes - all Rupp moved, O'Mara seconded that the regular meeting of the Village Council of the Village of Maplewood be set for 7 P.M. on the first and third Thursdays of each month. Ayes - all Pursuant to due call and published and posted notice thereof, the hearing set for 8 P.M. on this date to consider a petition for rezoning Lots 13 and lli, Auditor's Sub- division, No. 77 (on Stillwater Road near Minnehaha Avenue) from R-1, Residence District (Single Dwelling) to BC, Business and Commercial, was declared open by Mayor Luebben. The Clerk pointed out that the hearing had been set on the strength of a promise by the petitioner to secure the one additional signature on the petition necessary to bring it up to the required more than fifty percent (50%) of the property owners within 200 feet of the property proposed for rezoning and to furnish a complete set of building plans to the Planning Commission for examination. Neither of these conditions was fulfilled. A counter petition had been filed with the Clerk1s office containing the names of those ' opposing the rezoning which included a number of residents who had signed the original petition and now withdrew their support of the rezoning. The petitioner requesting the rezoning was not present. -A large delegation of those in opposition was present and given the opportunity to voice their objection. Mr. George Carlton, 2315 Stillwater Road, whose property adjoins the property proposed for rezoning, acted as spokesman for the group." Mr. Harold. Cole, 2308 Stillwater Road and Mrs., Clarence Sargeant, 2330 Bush Avenue, also spoke to opposition to the move., O'Mara moved, Rupp seconded that in view of the petitioner's failure to comply with the requirements and the strong opposition to the ; proposed rezoning that the petition be denied. Ayes - all - I Byron Holm, 1787 Jackson Street, spoke in favor of the organization of a Recreation Committee for the Village. Roy Nadeau,'Clerk of the Village of Little Canada, intro - duced other members of the Village of Little Canada's governing body, congratulated the Maplewood Village Council on their election and spoke briefly on a suggestion for the formation of a Recreation Committee for that area of Ramsey County east of Rice Street and north and east of the St. Paul City limits. The purpose of the Committee would be to contact Ramsey County to gain a greater share of the recreational facilities being installed by the County. Mayor Luebben pointed out that a Recreational Committee had been organized under the Town. of New Canada government and that it was the intent of this Council to reactivate this Committee under the Village. Upon the invitation of Mayor Luebben, Mr. Holm agreed to assist on the recreational efforts of the Village. The hearing continued to 8:30 P.M. on this date to consider the proposed improvement of Conway Avenue from the east line of McKnight Road (formerly known as East Avenue) 2000 feet to the east was declared open by Mayor Luebben. Ljungren, representing the Village Engineer, reported that eight to.ten (8 - 10) sets of plans and specifications had been issued to prospective bidders on the proposed improvement. Memmer, Village Attorney, reported that he..had been unable to secure the necessary slope easement approval. The Council felt that this approval was necessary before ordering the work done. It was also reported that a representative of the Northern States Power Company had contacted the Engineer requesting a possible completion date for the remainder of Conway Avenue. Certain construction work to be done by Northern States requires that planning for the entire road be completed soon. The matter of a 375 foot piece of property on which the road easement had not been secured was discussed. O'Mara moved, Berger seconded that . the hearing be continued to 9:00 P.M. on Wednesday, March 27th, 1957. Ayes - all Charles Paul of the Lambert Transfer Company, representing the Steenberg Construction Company, requested permission to move cement hoppers located on St. Paul Water Department property across Village roads a distance of approximately ,00 feet to Jackson Z treet during the period of road load limit restrictions: O'Mara asked if the street in question had been repaired following the hauling of concrete for water department con- struction work last summer. St. Paul had requested the permission and agreed to make the necessary repairs. It was reported that the repairs had not been made. Memmer, Village Attorney, pointed out that there may be a question of additional damage for which the City Water Department may deny liability: He suggested that arrangements be made through the City of St. Paul Water Department which could in turn eontact� the Village Council. An agreement can then be reached for the removal of the equipment. The Council felt that it would be wise to have assurance that the roads will be repaired before permission is granted. Michael Strusinski, 1739 E. Nebraska, requested information on the petit -ion submitted by him and other property owners for the proposed improvement of Lake Street between Lydia Avenue and Wood.lyn Avenue. This was reported to be one of a group of small street con- struction jobs that were to be grouped for the purpose of securing a more favorable bid price. The Council felt that the time had arrived when these construction jobs should be let. Ljungren -reported that he proposed to recommend this action and that a full report would be available at the March 27th, 1957 special meeting.- O'Mara moved, Luebben seconded that all of the petitions for small road construction jobs be grouped and that a public hearing be held to clear them for bid. Ayes - all' Mr. Strusinski requested that a building permit be issued. The Clerk1s office had refused to issue such a permit in view of the fact that the road agreement had not been completed. It was reported that Lake Street has been graded through but not used and consequently was now grown over with weeds. O'Mara moved, Berger seconded that Mr. Strusinski be granted a building permit. Ayes - all The hearing continued to 9:00 P.M. on this date to consider the proposed street and storm sewer construction on. Littlefs 2nd Addition was declared open by Mayor Luebben. It was pointed out that there were still some drainage easements required on this property. Memmer, Village Attorney, reported that he had the easements prepared and would secure the signatures on this weekend. O:Mara suggested that the hearing be continued to March 27th, 1957, at which time the construction could be ordered and the bid let after the necessary easements were secured. Ljungren presented a.complete tabulation of bids for the Little's 2nd Addition improvement with copies for each member of the Council to study. The hearing was continued to 9:30 P.M, on March 27th, 1957• Police Officer Richard Schaller ,presented the application of a prospective dog catcher for the Village. He reported that he had discussed a proposed fee of $4.00 per dog for the first 25 flogs picked up during each month and $3.00 for each additional dog over 25 in that same month. He also reported that Hillcrest Veterinary Hospital and Clinic had agreed to impound all dogs picked up for a board fee of $1.25. They would also dispose of all dogs not claimed. Berger moved, O�Mara seconded that the applicant be offered the position of dog catcher to become effective upon his acceptance at the pickup rate of $4.00 per dog for the first 25 dogs e.ach,month and $3.00 per dog for each additional dog during that same month. Ayes - all Robert Tetu, 1848 Prosperity Road, appeared before the Council and reported that Cross Lutheran Church was anticipating the opening of bids tomorrow on the proposed construction 1 of a school. He asked if any indication could be given whether sewer connections would be available in time for use in the school. He was informed that although it was the intent of the Council to immediately request the reopening of negotiations with the City of St. Paul, it would not be possible to state when connections will be available. Memmer, Village Attorney, reported his efforts to reopen negotiations with St. Paul. It was pro - posed that a resolution to this effect be adopted and directed immediately to the attention of the St. Paul City Council. Luebben moved, O'Mara seconded that the following resolution be adopted. �•� RLSOLVHD, That whereas the Town Board of the Town of New Canada initially requested permission of the City of St. Paul to connect a proposed Town sanitary sewer system to the St. Paul- Minneapolis Sewer System many months ago ands WHMb ".t1S, This request was favorably acted upon by the St. Paul City Council in December, 1956, and thereafter again referred to the St. Paul City Tech- nical Committee, NOW THPREFORF,.We the Council of the,Village of Maplewood hereby respectfully request the Common Council of the City of St. Paul to grant permission to the Village of Maplewood to connect, a contemplated sanitary sewer system, pro- posed for construction within the Village of Maplewood, to the St. Paul sanitary sewer system; and-it is the intention of the Maplewood Council by this resolu- tion to immediately renew negotiations, which were commenced by the Town of New Canada, with the City of St. Paul for the above described sewer service as pro- posed in the engineers survey submitted by said Town. FURTH12, that the Village Clerk is instructed to forthwith despatch a copy of this resolution to Mayor and Council of the City of St. Paul. Ayes - all George Osttr, 1841 Highway No. 96, presented an application for the position of plumbing inspector for the Village. He also presented a letter from the State verifying his qualifications. The Clerk was instructed to place the application on file for possible future consideration. Merle Peterson, 1003 Allen Place, asked that a 25 foot section of a lot previously deeded to the Town of New Canada be returned to him. It was explained that a number of years ago this portion of a lot and a full corner lot was to be deeded to the Township for playground purposes. The corner lot deed was apparently lost and never recorded. The owner later refused to give a new deed and a house was constructed on the property. The 25 foot section Mr. Peterson gave now cannot serve the purpose for which it was intended and is only a corridor to other property. He asked that it be deeded back to him so he could again assume the responsibility for its upkeep. Memmer stated that he could not give advice on this matter until he learned more about the method of conveyance of the property. The matter was referred to the Village Attorney for investigation and report. A petition was received by the Council from the James Investment Company for the grading, stabilized sub —base construction and bituminous surfacing of Echo Street from Sloane to Mississippi Street and Mississippi Street from Echo north to end. O'Mara moved, Rupp seconded that the petition be referred to the Village Engineer for investigation and report. Ayes — all \ Mrs. Peterson, Deputy-Health Officer, reported that she had received another complaint on the property on English Street. In addition to the keeping of pigs (discussed at the November lst, 1956 meeting), the complaint also .referred to the 1yatchering of a cow'. It was felt that there was no violation involved here but that perhaps stricter regulations were required in view of the growth of the Village. The matter was referred to the Village Attorney with instructions to draw up regulations on the raising and keeping of pigs in the Village. A letter from William H. Schafer, 1141 Pacific was read. The letter requested information as to the Building Code requirements on basement homes. Mr. Schafer owned a lot in the Village and proposed to start construction of a basement dwelling. The Council pointed out that it would first be necessary for him to get the permission of his neighbors. The Village would then require a performance bond guaranteeing the completion of the superstructure by a pre -- established date. The Building Inspector was instructed to contact Mr. Shafer and explain the situation to him. A report on the investigation of the request by Ambrose Zook, 442 Lafond, for a building permit on the back half of the lot at the S.E. corner of Frost Avenue and Kennard Street was called for. Ljungren reported that there was a definite drainage problem in the area as the result of the failure of Mr. Zeck to follow the Engineers recommendations when the house was built at 1928 Kennard.. Although Mr. Zeck has since sold the house, it was felt by the Council and recommended by the Village Engineer that the drainage problem should be corrected before a Building Permit is granted. The Clerk was instructed to write a letter to Mr. Zeck and inform him of this decision. In response to a request by letter from the Ramsey County Assessor, Rupp moved, O'Mara seconded that Leo Kaedor be appointed Assessor for the Village of Maplewood, subject to Mr. Kaeder's acceptance. i Ayes — all Londin, Building Inspector, reported that he had again checked the well at the corner of Barclay Street and Frost Avenue and found it was not subject to any particular water difficulties. He stated his intention toagain contact the property owner upon the owners return from vacation. Ljungren reported that the street light at the end of Radatz Road, east of White Bear Avenue, referred to him at the last meeting, had been installed. The Planning Commission's report with regard to the proposed plat of °Lark Park" was .read. They offered the following comments: 1. All lots comply with minimum dimensional requirements. 2. They assumed that streets will be graded according to the staisfaction of the Village Engineer in view of the adjustment of terrain which appears necessary on the topographical map. 3. They recommended that Lots 13 and 14, Block 3, be omitted and First Avenue extended all the way through between German and Hazel Street in order to provide additional access to the center of the development. Ljungren reported that during a preliminary check of the area, it was indicated that a storm,sewer would have to be built. He requested additional time to make a more detailed investigation before giving a report. O'Mara moved, Luebben seconded that the Street Supervisor and the Clerk's office be allowed to employ the same number of people that they were allowed under the Township. Ayes -- all Rupp moved, Berger seconded that the Village employees be paid the same as they were paid under the Torn of New Canada except for the Deputy Clerk who shall receive $250.00 per month effective April.lst, 1957. Ayes - all Luebben moved, Rupp seconded that the Clerk's salary be set at $175.00 per month. Ayes - all Berger moved, Schmid seconded that the Treasurer's salary be set at $100.00 per mouth. B Ayes - all Berger moved, Luebben seconded that the bonds for the elected offices named be set as follows: Treasurer $50,000.00 Clerk $ 1,000.00 Justices of the Peace $500.00 Constables $500.00 Ayes - all O'Mara'moyed, Schmid seconded that the following resolution be adopted: 517 - 3 - 13 RESOLVED, That the Village of Maplewood pay the election expence% for the incorporation of said Village. Ayes - all Meeting adjourned at 12:15 A.M. - Forrest R. Schmid Clerk March 27, 1957 A special meeting of the Village Council was called to order at 7:15 P.M. by Mayor Luebben. All members of the Council were present. Andrew Shuster appeared before the Board with regard to the proposed plat of sLark Park ". It was explained to him.that the Planning Commission's report had been given at the last meeting of the Council, but the Village Engineer's report was delayed by the need for further study of the drainage situation.. The Engineer's report was to be ready this even- ing. Mr. $huster. stated that,he' was familiar with the Planning Commission's report and did not feel that their 'recommendation to extend First Avenue all the way through from German Street to Hazel Street should be followed. The matter was laid over to await the arrival of the Village Engineer. A letter from Frank D. Marzitelli, Commissioner of Public Works for the City of St. Paul, with reference to the Village Council's resolution requesting renewed negotiations for sanitary sewer connections, was read. Mr. Marzitelli. stated that the letter had been received and referred to Mr. Arthur Tews, Chief Engineer for St. Paul, for investigation and report. He further stated that upon the receipt of Mr. Tews report, he would again communicate with the. Village Council. Mayor Luebben reported on a personal conversation with Mr. Marzitelli in which Mr. Marzitelli had indicated that he would proceed with this matter without undue delay. He also indicated that it would be proper for our Sanitary Sewer Engineer to contact the City Engineer to complete any arrangements possible at this time. .A letter from Mr. Lindgren, Chairman of the 1957 Fund Campaign for the American Red Cross, was read. The letter pointed out the many Red Cross Services available and offered them to the citizens of the Village of Maplewood. In answer to the request that the Village undertake the solicitation of it's employees in the cur -rent fund campaign, the Clerk was instructed to inform Mr. Lindgren that nearly all Village employees are on a part -time basis and solicited at their regular place of employment. The Council indicated a pre- ference that any further solicitations be done at home to avoid duplications. The Clerk informed -the Council that Thomas Curtin had accepted the position of Dog Catcher for the Village and had been sworn in on Monday, March 25th, 1957. He is to begin work this week as soon as his equipment is in order and information of his operations publicized in the official Village newspaper. The charges to the owner for the release of'a dog picked up were discussed. The charges set forth in the Dog Ordinance to be followed are: $3.00 pound fee, $1.50 per day for board and $1.50 for a license fee. In addition a $3.00 bail fee, set in a letter directed to the Clerk by Justice of the Peace Roscoe Brown, will be charged. All fees and charges are to be collected at the Village Office by the Deputy Clerk. A "John Does ticket is to be issued by the Dog Cater and a report completed on each dog picked up. The bail fee will be turned over to the Justice of the Peace. The dog owners are to be notified of the next session of the Justice Court and may appear if he wishes to dispute the action. Rupp moved, Berger seconded that the Dog Catcher be given special police powers for the purpose of issuing tickets for violations of the Dog Ordinance. Ayes - all It was reported that the Street Department truck was in need of major repairs in the form of a new motor. Ljungren, representing the Village Engineer, reported that he had obtained figures on the cost of such a motor. .A new motor would cost $319.00, while, a rebuilt motor would cost $234.75. The cost of labor to install either motor is $52.50. A new clutch can be installed at the same time with additional cost only for parts needed. O'Mara moved, Rupp seconded that a rebuilt motor and clutch be installed in the truck. Ayes - all With the presence of Ljungren, representing the Village Engineer, the matter of "Lark Park" was brought up for discussion. The Engineerts recommendation was read. The letter stated that the site had been personally visited and the plat found feasible from an engineering standpoint. Some difficulty was anticipated regarding the drainage along the north edge of the plat. They proposed that a storm sewer be constructed along Van Dyke Avenue with an interceptor line through Lark Park to intercept water and .carry it underground and out of the area. The normal flow of drainage in the area runs northwest and then west into a s:aamp area beyond Van Dyke Avenue. Pursuant to due call and published notice thereof, the meetingwas declared open at 8:30 P.M. by Mayor Luebben for the purpose of opening bids, as advertised for, on the proposed grading and surfacing of Conway Avenue from the east line of McKnight Road (formerly known as East Avenue) 2000 feet to the east. The bidders and bids were as follows: Name o£ Bidder Amount of Bid Ray Sinna Contracting Company, Inca $30,215.69 New Brighton, Minnesota . Alexander Construction Company, Inc. $21,389.50 4641 Hiawatha Avenue, Minneapolis 6, Minnesota R. J. Jager Company $39,925.4 St. Paul Park, Minnesota T. A. Schifsky and Sons $20,435,93 361 W. County Road B., St. Paul 13, Minnesota The R.-J. Jager Company provided a bid bond in the amount of $4000.00. All other bids were accompanied by a bid bond in the amount of lOj of the bid. Luebben moved, Berger seconded that the bids be referred to the Village Engineer for tabulation and report. Ayes - all The discussion then returned to "Lark Park ". Berger moved, Rupp seconded that the Village Engineerls report and recommendations be accepted. Ayes,- all Upon the request of the Maplewood Police Department, O'Mara moved, Luebben seconded that the Village of Maplewood propose to the Board of Ramsey County Commissioners that a survey be conducted on the authorized speed limit on Hazelwood Avenue at the site of the new Hazelwood School. Ayes - all The application of Mr. Anton Thell, 1750 Kennard Street, for a building permit on Penton Avenue property owned by him, was discussed. Mr. Thell had previously been granted two building permits without a contractors license being required on the basis that the homes were being built for himself. It was felt that a- license should be required even though he gave the same information on this third application for permit. An earlier decision to withhold this permit until the other two homes were completed, could not be resolved without further, investigation, so the matter was referred to the Clerk and Building Inspector for an equitable solution. The hearing for the consideration of the proposed construction of Conway Avenue continued to 9 :00 P.M. on this date was declared open by Mayor Luebben. It was reported that the slope easements required from the Cemetary Association had ,not 'yet been signed because of the illness of Mr. Daggett who represents that group. A meeting of the St. Paul Arch - diocisan Committee is planned for next week at which the matter could be resolved. The Village 'Engineer was instructed to prepare a detailed list of the necessary slope ease- ments for the entire length of Conway Avenue and give them to the Village Attorney. The Village Attorney was instructed to make an effort to secure the 375 feet of undedicated property obstructing the completion of the full length of Conway Avenue and. to continue his efforts to secure the necessary slope easements for the completion of the first 2000 feet of Conway Avenue. Rupp moved, Luebben seconded that the hearing be continued until the April 4th, 1957,- meeting at 8 :00 P.M. Ayes - all Ljungren representing the Village Engineer, recommended that the Village advertise for bids on the coming season's road requirements for gravel, bituminous material and culverts. O'Mara moved, Schmid seconded that the Village Engineer be authorized to consider the needs for gravel, bituminous material and culverts and to prepare the notice for bids. Ayes - all The Clerk was 'instructed to proceed with an 'investigation of a re- apportioning of the voting precincts in the Village and to bring the report and recommendations to the attention of the Council when completed. A letter from the Village Engineer with reference to the tabulation of bids for proposed improvements in Little's 2nd. Addition was read. The letter noted the attachment of a complete tabulation of the bids for the street grading, storm sewer construction and gravel stabilized base construction required in the improvement project. The letter also pointed out that the low separated bids were as follows: Street Gradine and Construction - Ralph North Company . r Storm Sewer Construction - Earth Movers, Inc. Total $16,624.40 $18,501.25 $35,125.65 The low joint bid was submitted by the St. Paul Dredging Company in the total amount of $35 *523.72. Representatives of the'Ralph North Company and Earth Movers, Inc., were present. A lengthy discussion followed in which it was brought out that The Ralph North'Company did not own it's own equipment and would have to lease it. 'Earth Movers, Inc., planned to sublet the storm sewer construction work without so notifying'the Village Engineer. This was in violation of the specifications. There was also a question between the two as to the responsibility for guaranteeing satisfactory installation of the storm sewer and street'above it. In view of these points and the advantage of dealing with one contractor'in completing the project, the Council felt that acceptance of the low joint bid of the St. Paul Dredging Company was advisable. O'Mara moved, Luebben seconded that the following resolution be.adopted: S-.17 - 3 /Y WHER'BIAS, A resolution of the Village Council adopted the 7th, day of February, 1957, fixed a date for a Council hearing on the proposed improvement of E. Kenwood Drive from the N. line of Echo Street to the S. .line of County Road B, Eldridge Avenue from the B. line of E. Kenwood Drive to the W. line of Arcade Street and Belmont Lane from the E. line of E. Kenwood Drive east to end, by grading, gravel stabilized base construction and storm sewer construction. AND WHERUi S, Ten day's published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 7th day of March, 1957, at which all persons desiring to be heard were given an opportunity to be-heard thereon, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPMWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted February 7th, 1957. 2. Plans and specifications prepared by Milner W. Carley and Associates, Engineers for such improvement pursuant to Council resolution, a copy of which plans and specifications are here approved, and are on file with the Village Clerk. Ayes — all Berger moved, OtMara seconded that the f o�low�ingJresolution be adopted: WHEIMS, pursuant to an advertisement for bids for the improvement of E. Kenwood Drive from the N. line of Echo Street to the S. line of County Road B, Eldridge Avenue from the E. line of E. Kenwood Drive to the W. line of Arcade street and Belmont Lane from the B. line of E. Kenwood Drive east to end by grading,` gravel stabilized base street construction and storm sewer construction, bids were received, opened and tabulated according to law, and,the following bids were received eomplyin with the advertisement: Name of Bidder° Montgomery Construction Co. Robert Moore Webster Company F. Morettini, Inc: Peter Lametti Construction Co. Avoles Construction Co. Ralph North Park Construction Co. Carl H. Peterson Co. Serratore Construction Co. St. Paul Dredging Go. Walbon Excavating Co. C. Boland and Sons Co. Alexander Construction Co. Kimmes Construction Co. Earth Movers, Inc. Street Construction $16,624.40 X4,070.52 22,718.90 19,842.58 14,132.52 29,496.30 19,129.89 21,824.41 17,350.78 17,874.97 Sewer Construction— $20,974.51 31,285.26 21,723.99 29,031.25 23,481.24 27,512.32 24,120.00 .24,028.60' 25#453.52 21,391.20 24,201.25 25,168.10 25,975.00 - 25,024.45 18,501.25 AND WHEREAS, it appears that the St. Paul Dredging Company of 1397 Laurel Avenue, St. Paul, Minnesota is the lowest responsible bidder on a joint bid basis, deemed by the Village Council the most advisable and sound method of completing the proposed improvement, ' NOWTHEENFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPL1,11OOD, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with the St. Paul Dredging Company of 1397 Laurel Avenue, St. Paul, Minnesota, in the name of the Village of Maplewood for the _4 i improvement of the abovementioned streets by grading, gravel stabilized base street construction and storm sewer construction according to the plans and specifications therefor approved by the Village Council and on file in the office of the Village Clerk. 2. The Village Clerk is hereby authorized and directed to return forth- with to- all bidders the deposits made with their bids except that the deposit of the successful bidder shall be retained until a contract has been signed. Ayes — all A'petition was presented'to the Council requesting the rezoning of the following described property: N. 121.4 feet of the S. 271.4 feet of Lots 65 and 66, Gardena Addition to Ramsey County, Minnesota, from a Rl, Residence District (Single Dwelling) to a BC, Business end Commercial District for the purpose of establishing a beauty salon in a private home. The petition was accompanied by an abstractor's certificate of the property owners within 200 feet of the property proposed for rezoning. Ten of the fourteen owners listed on the certificate had signed the petition. OIMara moved, Luebben seconded that a hearing be set for 8:00 P.M. on Thursday, April 18th, 1957, to consider the petition for rezoning and that the petition be referred to the Planning Commission for report. ' Ayes' — all Luebben moved, Rupp seconded that the personnel of the Town of New Canada Planning Commission,'Lyle Larson, James McGinley, Edward xishel, Frank Rose, William Bingham, Al Toenjes end Ernest Radatz, be reappointed as the Planning Commission for the Village of Maplewood. Ayes —.all Mayor Luebben announced the assignments of members of the Council . to specific governmental functions for the purpose of simplifying contacts with the Council by members of the various Village departments and to avoid duplication of efforts in dealing with these departments. The assignments were as follows: 'Edward O'Mara, Public Utilities; Walter Rupp, Public Safetyl Gerald Berger, Road Construction and Maintenance; Forrest Schmid, Public Relations. A special assignment to reorganize and direct the activities of a proposed Village Recreation Committee was given to Berger and Schmid. Mayor Luebben is to continue working with O'Mara on the sanitary sewer connections with St. Paul and to assist in all of the other departments ' where and when needed. As instructed at the last meeting of the Council, Ljungren, representing the Village Engineer, presented'the petitions for all small street construction jobs for examination by the Council. Schmid moved, O'Mara seconded that the following resolution be adopted: - 7- 3- /k BE IT RCSOLVFD BY TIIE' VILLAGE COUNCIL OF MAPLEWOOD, MIIWSOTA: 1. Certain petitions requesting the improvement of the following streets: a. Lake Street between Lydia and Woodlyn Avenues by bituminous surfacing; b. Edgemont, Kingston and Arkwriglit Streets within Mounts Villa by grade correction and bituminous surfacing; c. Meyer Street between the N. line of E. Minnehaha Avenue'and the S. line of Bush Avenue (formerly known as Fauquier Avenue) by grading, graveling drainage and asphaltic stabilization. d. Sandhurst Drive (formerly'known as lst Avenue) between the E. line of White Bear Avenue and the W. line of Van Dyke Avenue by gravel stabilized base construction, bituminous surfacing and drainage construction; e. Echo Street from Sloan to Mississippi Street and Mississippi Street from Nacho Street north to end ,-by grading, gravel stabilized sub —base construction and bituminous surfacing; f. Fourth Avenue from Duluth to Atlantic Streets and Third Avenue from Atlantic to English Streets by grading and surfacing; g. Gordon Avenue between Sophia Street and Ripley Street by grading and surfacing Filed with the Council are hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stats., Sec. 429.035• 2. The petitions are hereby referred to Milner W. Carley and Associates, Village Engineers and they are instructed to report to the Council with all convenient speed advising.the Council in a preliminary way as to whether the.-proposed improvements are feasible and as towhether they should bent be made as proposed or in connection with some other im- provement and the estimated cost of each improvement as recommended. Ayes — all O'Mara moved, Luebben seconded that the following resolution be adopted: WHEREAS, it is proposed to improve Van Dyke Avenue from County Road B to Fourth Avenue by grading, surfacing and storm sewer construction and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minn, Stats., Secs. 429.011 to 1429.111 (Laws 1953, Ch. 398 as amended), NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to Milner W. Carley and Associates, Village Engineers for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Ayes = all Ljungren,' representing the Village Engineer, presented a letter reporting on all proposed road and drainage improvements recommended or petitioned for during the last nine months. It was recommended that all the proposed improvements be grouped into a project known as Street Improvement Project No. 1 for 1957, for the purpose of securing more favorable construction bids. The proposed improvements and'estimated costs were as follows: 1. Construction of approximately 250 feet of Bartelmy Lane to be constructed at Village expense as authorized by the.Board of Supervisors of the Town of New Canada (now the Village of Maple- wood) at the January 17th, 1957 meeting at estimated cost of $1,200.00 to $1,500.00. 2. Construction of Phalan Place between Sophia and Ripley Streets as approved at A hearing held on September 20th, 1956 at an estimated cost of $3,000.00 to be paid for as an assessment against benefitted property. 3. The bituminous surfacing of Lake Street between Lydia and Woodlyn Avenues at an estimated cost of $3,000.00 to be paid for as an assessment against benefitted property. 4. The grade correction and bituminous surfacing of Edgemont, Kingston and Arkwright Streets within Monn's Villa at an estimated cost of $6,000.00 to be paid for as an assessment against benefitted property. 5. The grading, graveling, drainage and asphaltic surfacing of Meyer Street between the N; line of E. Minnehaha Avenue and the S. line of Bush Avenue (formerly known as Fauquier Avenue) at an estimated cost of $3,500.00 to be paid for as an assessment against benefitted property. . 6. The gravel stabilized base construction, bituminous surfacing and drainage construction on Sandhurst Drive (formerly known as let Avenue) from White Bear Avenue to Van Dyke Avenue at an estimated :cost of $2,250.00 to be assessed against benefitted property. 7. The grading and surfacing of Sophia Street between Clarence and Birmingham Streets as approved at a hearing held on September 20th, 1956, at an estimated cost of $3,000.00 to be assessed against benefitted property. 8. The construction of Echo Street from Sloan to Mississippi Street and Mississippi Street from Echo Street north to end at an estimated cost of $6,200.00 to be provided for through an undertaking agreement. 9. The grading and surfacing of Fourth Avenue from Duluth to Atlantic Streets and Third Avenue from Atlantic Street to English Street at an estimated cost of $12,000.00 to be provided for through an undertaking agreement. 10. The grading, surfacing and drainage work on Van Dyke Avenue from County Road B to Fourth Avenue at an estimated cost of $18,300.00 for storm sewer construction, $2,650.00 for gravel base construction, $1,350.00 for grade correction and $4,620.00 for bituminous surfacing. The cost of this project is to be assessed against approximately 40 acres of benefitted property. The Village Engineer recommended that the Council initiate this project. The letter reported that each of the sites had been personally visited by the Engineer and found to be feasible from an engineering standpoint. A second letter recommended that a petition for the grading and surfacing of Gordon Avenue between Sophia Street and Ripley Street at an estimated cost,of $1,500.00 be included in the Street Mmprovement Project No. 1 for 1957. This is also to be assessed against benefitted property. The site was visited by the Village Engineer and found feasible from an engineering standpoint. Berger moved, Luebben seconded that the following resolution be adopted. WIOBEAS, pursuant to resolution of the Council adopted March 21st, 1957, a report has been prepared by Milner W. Carley and Associates, Village Engineers, with reference to the improvements of the following; 1. Lake Street between Lydia and Woodlyn Avenues by bituminous surfacing; 2. Edgemont, Kingston and Arkwright Streets within MonnIs Villa by grade correction and bituminous surfacing; 3. Meyer Street between the N. line of E. Minnehaha Avenue and the S. line of Bush Avenue (formerly known as Faucraier Avenue) by grading, graveling, drainage and asphaltic stabilization. 4. Sandhurst Drive (formerly known as let Avenue) between the E. line of White Bear Avenue and the W. line of Van Dyke Avenue by,gravel stabilized base construction, bituminous surfacing and drainage constructs -,.," 5. Echo Street from Sloan to Mississippi Street and Mississippi Street from Echo Street north to end by grading, gravel stabilized sub- base construction and bituminous surfacing; 6. .Fourth Avenue from Duluth to Atlantic Streets and Third Avenue from Atlantic to English Streets by grading and surfacing; 7. Gordon Avenue between Sophia Street and Ripley Street by grading and surfacing; 8. Van Dyke Avenue from County Road B to Fourth Avenue by grading, sur- facing and storm sewer construction. and this report was received by the,Councll on March 21st, 1957, NOW THEHEFORE, BE IT RESOLVED BY TIM VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvement of such streets in accord- ance with the report and the assessment of abutting property and in the Van Dyke Avenue improvement benefitted property in the following described area: All that part of the Dearborn Addition lying Southerly of State Trunk Highway #36 and Easterly of White Bear Avenue. Also Blocks 1, 2,, 3, 13, 14, 19, 20, 29, 30, Lot 1, Block 16, Lot 1 and Westerly of Lot 2, Block 15• Westerly of Lots l and 2, Block 18, that part of Block 4 lying Easterly of White Bear Avenue and the Westerly 148 feet of Lot l and 2, Block 31, all in Smith and Taylorts Addi- tion to North St. Paul, for all or a portion of the cost of the improvements pursuant to Minn. Stats., Secs. 8429.011 to 429.111 (Laws 1953, Ch. 398, as amended) at an estimated total cost of the improvements of $56,750.00 2. A public hearing shall be held on each of the proposed improvements on the 18th day of April, 1957, in the Village Hall of the Village of Maplewood, beginning at 8 :30 P.M., and the Clerk shall give published notice of such hearing and improvements as required by law. Ayes - all Meeting adjourned at 11 :45 P.M. Forrest R. Schmid Clerk. April 4, 1957 The regular semi - monthly meeting of the Village Council was called to order at 7:30 P.M, by Mayor Luebben, All members of the Council were present. Rupp moved, Berger seconded that the minutes of the March 21, 1957 first meeting of the Council be accepted as read. Ayes - all The minutes of the March 27, 1957 special meeting were read•. It was noted that in the Village Engineer's report on the Van Dyke Avenue street and storm sewer project reference was made to the assessment(of approximately 40 acres of benefitted property but the correct area should be approxi- mately 80 acres of benefitted property. In the resolution ordering the street improvement work to be done in Little's 2nd Addition, reference was incorrectly made to a resolution being adopted by,the Village Council on February 7, 1957. The resolution was adopted by the Board of Super- visors of the Town of New Canada. Berger moved, Luebben_ seconded that the minutes be accepted as corrected. Ayes - all The hearing for the consideration of the proposed construction of Conway Avenue, continued to this date, was declared open by Mayor Luebben at 8:25 P.M. M'emmer, Village Attorney, and Ljungren, Village Engineer, reported that they still had not been able to secure the necessary slope easements from the Cemetary Association Board, because of the inability of that group to meet until a later date. A meeting was to be arranged for next week a`t which time it was` expected that final arrangements could be made. I ` The Village Engineer's report with regard to the tabulation of bids on the Conway Avenue construction was read. The letter 'summarized the bids and was accompanied by a detailed tabulation. The letter stated that the low bidder, T. A. Schifsky and Sons, had been investigated and found to have adequate . experience and owned the necessary equipment. Approximately 30% of the work was to be sublet to a grading contractor. This fact had been made known to'the Village Engineer prior to the submission of the bid in accordance with requirements of the specifications. The Village Engineer recommended that the low bid of $20,435.93 be accepted. Rupp moved, Berger seconded that the following resolution be adopted: WHEREAS, A resolution of the Board of Supervisors of the Tom of New Canada adopted February 18, 1857, fixed a date for a hearing on the proposed improvement of Conway Avenue from the east line of McKnight Road (formerly known as East Avenue) 2000 feet to the east by grading, sub -grade stabilization, gravel stabilized con- struction, bituminous surfacing and seal coating. AND WHEREAS, Ten day's published notice (2) weekly publications of the required hearing was held thereon on the 7th day persons desiring to be heard were given thereon., NOW, THEREFORE, BE IT RESOLVED BY THE C1 MAPLEWOOD* of the hearing through two notice was given and the of March, 1957, at which all an opportunity to be heard )UNCIL OF THE VILLAGE OF 0 1. Such improvement is hereby ordered as proposed in the Board of Supervisor's resolution adopted February 18th, 1957. 2. Plans and specifications prepared by Milner W. Carley and Associates, engineers for such improvement pursuant to the Board of Supervisor's resolution,a copy of which plans and specifications shall be on file with the Village Clerk, are 'hereby approved and made a part hereof. ` Ayes - all O'Mara moved,, Luebben seconded that the fllowing resolution be adopted: WHEREAS, Pursuant to an advertisement for bids for the improve- ment of Conway Avenue from the east line of McKnight Road (for- merly known as East Avenue) 2000 feet to the east, by grading and surfacing, bids] were received, opened and tabulated accord - ing`to law, and the following bids were received complying with the advertisement: Name of`Bidder Amount of Bid Alexander Construction Company, Inc, $21089.50 R. J. Jager Company $39,925.14 T. A. Schifsky and Sons 020,435.93 Roy Sinna Contracting Company, Inc. 027,485.19 AND WHEREAS, It appears that T.A. Schifsky and Sons, 361 W. County Road "E ", St. Paul 13,,Minnesota is the lowest res- ponsible bidder, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD,:MINNESOTA? 1. The Mayor and-Clerk are hereby authorized and directed to enter into a contract with T. A. Schifsky and Sons, 361 W. County Road "E",'St. Paul 13, Minnesota, in the name of the Village_of`Maplewood for the improvement of Conway Avenue from the east line of McKnight Road (formerly known' as East Avenue') 2000 feet to the east, by grading and surfacing according to the plans and specifications therefor approved by the Village Council and on file in the office of the Village Clerk. 2. The Village Clerk is hereby authorized and directed to return forthwith to all bidders, the deposits made with their bids except that the deposit of the successful bidder shall be retained until a contract hassbeen signed. Ayes - all O'Mara moved, Schmid seconded that the Village Engineer be authorized to hold all work until the slope easements are secured. Ayes - all Mr. Byron Holm, 1787 Jackson Street, appeared before the Council on behalf of a group of residents in his. area. He asked that a survey be made to determine if there is any land available in his area, west of the proposed Highway No, 10, for recreational purposes. After some discussion, it was decided to set a meeting for 7:30 P.M. on Wednesday, April 100 1957 of the former New Canada Recreation Committee and newly proposed members to organ - ize a Village Recreation Committee, O'Mara suggested that an investigation be made of the possibility of securing from developers an equivalent area for recreational purposes in return for the vacation of alleys and streets or a sum of money to be used for the purchase of such property, Mrs. Peterson, ,Deputy Health Officer, presented a copy of a letter sent to a Mrs. Margaret Courteau, 2062 Marshall Avenue, St. Paul, which was read by the Clerk. The letter informed Mrs. Courteau that the house she owns at 2687.Harvester Avenue, soon to be vacated by the present tenants, could not be reoccupied until the sanitation system is corrected. The letter further stated that the system would have to be kept pumped until the new owner, Mrs. Courteau's daughter, takes possession and at that time a new system would have to be installed. William LaPlante, Gas Inspector, brought to the Council's attention the matter of the Rose Plumbing Company's application for a gas installer's license in Maplewood. This Company had been unable to arrange for an installer's examination, in both St. Paul and Minneapolis because they have no business establishment in either city. A letter from the Roseville Gas Inspector was presented stating that the Company is qualified. LaPlantel requested that the Rose Plumbing Company be granted. a special 90 clay tem- f porary license for gas installation in the Village of Maplewood during which he could investigate their work and determine their qualifications. A report would be given to the Council before the end of the 90 day period to determine whether the license should be continued until such time as an examination was possible. Berger moved, Luebben seconded that a special 90 day temporary license be granted under the above conditions, Ayes - all Ljungren, representing the Village Engineer, reported the preparation of advertisements for bids for 400 lineal feet each of 12" and 1511 diameter, #16 gauge, copper steel round culverts, approximately 30,000 gallons of bituminous material and 1,000 cubic yards of gravel, all according to Minnesota Highway Department specifications. Luebben moved, Rupp seconded that the opening of bids be set for 7:30 P.M. on April 18th, 1957 at the Village Hall. Ayes - all Moritz, Street Supervisor, suggested that the Council take steps to install a storage tank and pump for gasoline to be used in the Street Department truck and police car. There would vesult a saving in the cost of gasoline and the tax on the gas. , The matter was referred to the Village Engineer for investigation and report. Ljungren then reported on the proposal to purchase a new Street Depart- went truck, After a discussion of the type best suited to the needs of the Village, it was concluded that a truck of approximately 25,000 pounds gross vehicle weight would be specified. Berger moved, Luebben seconded that an advertisement for bids be prepared for the purchase of a. Street Department truck according to the specifications of the Village Engineer with the opening of bids set for 8:0,0 P.M. on May 2, 1957 at the Village Hall. Ljungren reported he had received a request from Andrew Schuster that Rosewood Street in the Edgeview #2 Addition be surfaced and that the streets in Moritz Addition also be completed. It was pointed out that only a few homes had been completed in Edgeview #2 but that bxilding in Moritz Addition was essentially completed. He also recommended that the surfacing of streets in Minnehaha Highlands be completed. He suggested that the three prgjects be grouped together for the purpos`e.of advert - ising for bids. The Village Engineer was instructed to prepare the plans and specifications for the bituminous surfacing of roads in Minnehaha Highlands and Moritz Addition. Because home construction is not complete in Edgeview #2 Addition, the Council felt it would be unwise to proceed with the final surfacing of streets in that area. It was decided to authorize the Village Engineer to proceed with the gravel stabilized base construction of Rosewood Street in Edgeview #2 using Village employees and equipment. 'The cost of each of these projects has been previously arranged for through a cash depositlor an undertaking agreement with the developer. The final plat of DeMars 5th Addition was presented for signature by the Clerk-indicating its acceptance by the Village of Maplewood. Luebben moved, Rupp seconded that the Clerk be authorized to sign the final plat of DeMars 5th Addition upon receipt of a letter from the Village Engineer verifying the fact that the final plat complies with all the recommen- dations previously recommended. Ayes - all Memmer, Village Attorney, presented three (3) ordinances prepared to cover areas now under the control of the Village that were previously handled through the County or without benefit of an ordinance. After some discussion of the provisions, Berger moved, Schmid seconded that the following ordinance be adopted: ORDINANCE #36 AN ORDINANCE REGULATING THE SALE OF NON - INTOXICATING MALT LIQUOR WITHIN THE VILLAGE OF MAPLEWOOD; PROVIDING FOR SUCH SALES BY DULY LICENSED PERSONS, ESTABLISHING REGULATIONS FOR THE OPERATION OF PLACES WHERE SUCH NON - INTOXICATING MALT LIQUOR IS'SOLD,. PROVIDING REGULATIONS FOR THE GRANTING OF SUCH LICENSES,, - FIXING PENALTIES FOR THE VIOLATION THEREOF$ AND REPEALING ALL INCONSISTENT. ORDINANCES. THIS.IS AN EMER- GENCY ORDINANCE RENDERED NECESSARY' FOR THE PRESERVATION OF THE PUBLIC HEALTH AND SAFETY. Ayes - all O'Mara moved, Berger seconded the adoption of the following ordinance: ORDINANCE #37 AN ORDINANCE DEFINING A TAVERN; PROHIBITING THE OPERATION OF A TAVERN WITHOUT A LICENSE THEREFOR AND ESTABLISHING REGULATIONS FOR THE GRANTING OF SUCH LICENSES_AND,SETTING THE LICENSE FEE. Ayes - all Rupp moved, Berger seconded that the following ordinance be adopted: ORDINANCE #38 AN ORDINANCE REGULATING THE SALE OF CIGARETS AND PROVIDING LICENSE FEE. Ayes - all O'Mara suggested that the Village Attorney investigate the possibility of drawing up a Civil Defense ordinance which would enable the Village to organize a Civil Defense unit and benefit in any funds or equipment that can be purchased as a result of it's adoption, Schmid moved, Rupp seconded the do tion of the following resolution: ,5 - t BE IT RESOLVED, That the Village Council of the Village of Maplewood hereby registers its objection to financing the proposed county hospital on the basis of 100% county bonds for the reason that this is a departure from,the accepted ratio of city and county contributions to the welfare budget which sets a precedent contrary to the best interests of Ramsey County communities outside of St. Paul; and further, it is the opinion of this Village Council that the proposed bill is unnecessary since its only purpose at this time is to avoid the a es n c aity of submitting the proposed bond issue to the voters of Ramsey County. The Clerk is hereby instructed to send copies of this resolution to Senator Westin and Repre- sentatives Karth and Shovell. Ayes - all The proposed plat of Gennow Heights Addition, delivered to the Clerk's office, was brought to the Council's attention. The plat is described as follows: N2 of the NW; of the NE- of the N%g,,Sectlon 17, Town 29, N Range 22W, subject to County Road !'B" on the North, Bradley Street on the East and Desoto Street on the West. The plat was referred to the Planning Commission and Village Engineer.for investigation and report. Upon the request and recommendation of the Clerk, O'Mara moved, Berger seconded that another full -time Deputy Clerk be employed in the Village Office at $200.00 per month, I` Ayes - all Rupp moved, Berger seconded that the request made by Mr. and Mrs. Melvin Anderson for a street light at the end of Myrtle Street south of Larpenteur Avenue and requests for street lights at Maryknoll Avenue and Livingston and at Ids Street and Livingston be referred to the Village Engineer for investigation. Ayes - all Meeting adjourned at 1:10 A.M. orres Schmid Clerk �I April 18, 1957 The regular semi-monthly meeting of the Village Council was called to order at 7:05 P.M. by Mayor Inebben. All members of the Council were present. The. minutes of the April 4, 1957 meeting were read. Hearing no additions or corrections, Mayor Luebben declared.them approved as read. Mr. George Warren, 2010 County Road C, North St. Paul, appeared before the Doundil -as requested, following a report at.the last meeting that two trailers were parked on his property without permission. The Building Inspector, during an investigation of the situation, found that Mr. Warren was renting space for the two trailers. Water has been provided for both trailers but only one has a sanitary system hookup. Mr. Warren agreed to provide such facilities for the second. O'Mara pointed out that the Village Council is governed by an ordinance which allows only a ninety (90) day permit to be given. Luebben moved that Mr. Warren be granted a ninety (90) day permit for only.the two (2) trailers - presently on-his property provided sanitary facilities acceptable to the Health Department are installed. Rupp seconded. Ayes - all Chris Elstad, 1199 County Road B, appeared and asked that repairs be made on the shoulder of the road fronting his and his neighborts property. A rut exists there and allows water to drain in and cause damage to the driveways. The matter was referred to the Village Engineer with instructions to contact the County and to request.that it be repaired. A letter from Mr. Troje, Executive Secretary of the City - County Detension Home Facilities Committee, was read to the Council. Mr. Troje reiterated previous verbal commitments of his committee with regard to the buildings and landscaping and promised that every effort would be made to cooperate with the Village Council and cttizens.of the area adjacent -to the proposed Detension facilities. He also stated that any future reasonable requests would be met. Mayor Luebben declared his intent.to communicate- the contents of the letter to the people of the area. Pursuant to the provisions of an advertisement for bids, Mayor Luebben declared the meeting open at 7:30 P.M. for the consideration of bids for approximately 400 feet of 1211 diameter and approximately 400 feet of 1511 diameter, 16 gauge copper steel round cul- vert and connecting bands for above, to be furnished in accordance with Minnesota Highway Department Specification, Section 3226, dated July 1, 1947. The bidders and bids were as fbllowe:- NAME OF BIDDER. TYPE OF CULVERT BID PRICE Armco Drainage & Metal Products, Inc. 1211 diameter $ 764.00 Minneapolis, Minnesota 1511 diameter 912.00 Total $1676.00. Wheeling Corrugated Company - 1 1211 diameter $ 764.00 340 -400 27th Ave. N.E., Minneapolis, Minn. 1511 diameter 912.00 Total $1676.00 St. Paul Corrugating Company. 1211 diameter $ 764.00 S. end Wabasha St. Bridge, St. Paul, Minn. 158 diameter 912.00 Total $1676.00 Connecting bands were the same price on each bid, 1211 - $1.91 and 1511 » $2.28. Each bid was accompanied by a certified check for #170.00. The Armco Company bid offered a -1-W-10 discount on bills paid within 10 days from date of invoice. Luebben moved, Berger seconded that the bids be referred to the Village Engineer for tabulation and report. Ayes - all Pursuant to the'piovisions of an advertisement_ for bids, Mayor Luobben declared the meeting open for the consideration of bids for approximately 1,000 cubic yards of gravel to be furnished in accordance with Minnesota Highway Department Specifications, Section`3138, Class 5 to be delivered.at stockpile site, adjacent to Village Street Department Garage and alternate bids for gravel, F.O.B. Village furnished trucks, at bidders stockpile. NAME OF BIDDER UNIT PRICE BID Terrance G. Crombie St. Paul Park, Minn. (loaded by Village employees) T. A. Schifsky and Sons 361 W. County Road E St. Panl 13, Minnesota $1.50 per cu. yd. $1500.00 $ .95 per cu. yd. $ .80 per cu. yd. $1.59 per cu. yd. $1590.00 $ •75 per cu. yd. ALTERNATE BID $950.00 $800.00 $750.00 Both bids were accompanied by bid bond in the amount of $200.00 each. Luebben moved, Berger seconded that the bids be referred to the Village Engineer for.tabulation and report. Ayes all Pursuant to the provisions of an advertteement for bids for bituminous material, Mayor Luebben declared the meeting-open for the consideration:of bids for approxi- mately 309'000 gallons to be furnished in accordance with Minnesota Highway Depart- ment Specification, Section 3152, dated January 7, 1952, grade MC -3, mediwn curing cut-back: asphalt. The only bid received was as follows: NAME OF BIDDER BID T. A. Schifsky and Sons $4,950.00 _ 361 W. County Road. E St. Paul 13, Minnesota The bid was accompanied by a bid bond in the amount of $500.00. OlMara moved, Berger seconded that the bid be referred to the Village Engineer for report. Ayes - all A petition was received for the proposed rezoning of Lot 10 and part of Lot 9 lying south of a line -from a point on the easterly line 37.5 ft. from the N.E. corner to a point on the westerly line 65.8 feet from the Northwesterly corner, in Block 2, Gladstone Homesites +2, from R-1 Residence District.(Single Dwelling) to R-2 Residence District (Double Dwelling)-for the purpose of constructing a.two family home. The.petition was accom- panied by-an abstractor's certificate of the property owners within 200 feet of the property proposed for rezoning and a check for $25.00. The petition was signed by more than fifty percent (50%) of the affected property owners. Rupp moved, Schmid seconded that the petition be referred to the Planning Commission for study and report. Ayes - all r Berger moved, Rupp seconded that the hearing on the above proposed rezoning be set for 8 P.M. on May 16, 1957 at the Village Hall. Ayes - all Memmer, Village Attorney, read a copy of the resolution on certain sanitary sewer connections for the Village of Maplewood adopted by the City of St. Paul Council. Pursuant to due call and published and posted notice thereof, Mayor Luebben declared the meeting open at 8 P.M. for the consideration of the proposed rezoning of the following described property: N. 121.4 feet of the S. 271.4 feet of Lots 65 and 66, Gardena Addition to Ramsey County, Minnesota (known as 1359 Kohlman Avenue) from an 11.1 Residence District (Single Dwelling) to a BC, Business and Commercial classification for the purpose of establishing a beauty salon in.a private home. The abstractor's certificate and fee had been provided. All persons listed on the abstractor's certi- ficate were notified of the hearing by mail. O'Mara objected to the proposed rezoning on the basis that at a later date an objectionable business, not now anticipated, might be established thereon. O'Mara moved that the owner be granted a special permit for the intended professional use. Rupp seconded. Ayes - all O'Mara brought to the attention of the Council a professional planning service agreement with the firm of Bettenburg, Townsend, Stolte and Comb as consulting engineers for the sanitary sewer project. The agreement contained the same terms as that adopted by the Town of New Canada Board of Supervisors and was intended to replace that earlier agree- ment. O'Mara moved, Luebben seconded that we execute the formal written agreement with Bettenburg, Townsend, Stolte and Comb employing that firm as consulting engineers on sanitary sewers. Ayes » all Memmer, Village Attorney, reported that he had received the contract from T. A. Schifsky and Son$, the low bidder, a contract agreeing to complete, according to plans and speci- fications, Conway Avenue from the east line of McKnight Road (formerly known as East Avenue) 2000 feet to the east. Included with the contract was the completion bond and certificate of insurance. The contract was signed by Mayor Luebben on behalf of the Village of Maplewood and attested to by the Clerk. Memmer also presented a copy of the slope easement received from and approved.by the officers of the Diocese of St. Paul authorizing the entering upon and grading of property owned by that Corporation for the purpose of constructing'Conway Avenue. The Clerk was instructed to file this document.witb. the Register of Deeds of Ramsey County. Memmer, then reported the receipt of a letter authorizing Robert Evans of Evans Constrac» Lion Inc:, to act for the Northern Land and Realty Company, for the purpose of developing the roads in City Heights Addition. The Clerk was instructed to file the letter "with the undertaking agreement completed with the Northern Land and Realty Company for the completion of said roads. Ljungren, representing the Village Engineer, presented the completed contracts with the St. Paul Dredging Company for the completion of-the street improvements and storm sewer work in Littles 2nd Addition. This contract also included a completion bond and certi- ficate of insurance. Mayor Luebben signed the contract on behalf of the Village of Maplewood and it was attested to by the Clerk. Pursuant to due call and published and posted notice thereof, the hearing set for 8 :30 P.M. on this date to consider the making of certain improvements included in Street Improvement Project +1 for 1957, was declared open by Mayor Luebben. The first improvement so considered was the bituminous surfacing of Lake Street between Lydia and Woodlyn Avenues at an estimated cost of $3,000.00. Mayor IAlebben called for objections to this improvement. Hearing none, Berger moved, Luebben seconded the adop- tion, of the following resolution: WHEREAS, a resolution of the Village Council adopted the 27th day of March, 1957, fixed a date for a Council hearing on the proposed improvement of Lake Street between Lydia and Woodlyn Avenues by bituminous surfacing, AND WHEREAS, ten dayst published notice of the hearing through two weekly publications of the required notice was given and the hearing was held _ thereon on the 18th day of April, 1957, at.which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFOBE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE.OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27th, 1957• 2. Milner Carley and Associates are hereby designated as the engineers for this improvement. He shall prepare plans and specifications for the making of such improvement. Ayes - all The second project considered was the grade correction and bituminous surfacing of Edgemont, Kingston and Arkwright Streets within Monni s Villa at an estimated cost of $6,000.00. Mayor Luebben called for objections to the ordering of this i improvement. Hearing none, O'Mara moved, Berger seconded that the following resolution be adopted: WfEIiF,AS, a resolution of,the Village Council adopted the 27th day of March, 1957, fixed a date for a Council hearing on the proposed improvement of Edgemont, Kingston and Arkwright Streets within Monnts Villa by grade cor- rection and bituminous surfacing. AND WHEREAS, ten day's published notice of the hearing through two weekly publications of the required notice was.given and the hearing held thereon on the 18th day of April, 1957, at which all persons-desiring to be heard were given'an opportunity to be heard thereon, NOW THEBEFOBE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27, 1957• 2. Milner W. Carley and Associates are hereby designated-as the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. Ayes - all The third improvement considered was the'grading, graveling, drainage and asphaltic stabilization of.Meyer Street between the N. line of Minnehaha Avenue and the S. line of Bush Avenue (formerly known as.Fauquier Avenue) at an estimated cost of $3,500.00. Mayor Luebben called for objections to'the completion of this improvement. Hearing none, Luebben moved, Berger seconded that the following resolution be adopted: - [-- rr _ ✓ / -- ;.14/ �J WHEREAS, a resolution of the Village Council adopted the 27th day of March, 1957, fixed 'a date for a Council hearing on the proposed improvement of Meyer Street from the N. line of Minnehaha Avenue to the S. line of Bush Avenue (formerly known as Fauquier Avenue) by grading, graveling, drainage and asphaltic stabilization, AND WHEREAS, ten day's published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 18th day of April, 1957, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE RE IT RESOLVED BY THE COUNCIL OF THE VILLA0 OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27, 1957• 2. Milner W. Carley and Associates are hereby designated as the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. O'Mara moved that the motion be amended to empower the sanitary sewer engineers with the right to determine whether or not the street "be surfaced. The Mayor called for a vote on the amendment. All voted in favor of the amendment. A vote was then called for on.the adoption of the original resolution as amended. Ayes - all The fourth improvement considered was the gravel stabilized base cone ruction, bituminous surfacing and drainage construction on Sandhurst Drive from White Bear Avenue to Van Dyke Avenue at an estimated cost of $2,250.00. Mayor Luebben called for objections to this improvement. Hearing none, Rupp moved, Berger seconded that the following resolution be adopted: WHEREAS, a resolution of the Village council adopted the 27th day of March,. 1957, fixed a date for a Council hearing on the proposed improvement of Sandhurst Drive (formerly known as lot Avenue) from White Bear Avenue td Van Dyke Avenue by gravel stabilized base construction, bituminous surfacing and drainage construction, AND WEEAS, ten day's published notice of the hearing through two weekly publications of the required notice was given and the hearing was held _thereon on the 18th day of April, 1957, at which all persons desiring to be heard were given an opportunity to be heard thereon,. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF;THE VILLAGE OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27, 1957• 2. Milner W. Carley and Associates are hereby designated as the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. Ayes - all The fifth improvement considered was the construction of Echo Street from Sloan to Mississippi Street from Echo Street north to end at an estimated cost of $6,200.00: The Clerk pointed out that this project.was petitioned by the developer of the area, James Investment Company and would be paid for not through assessments, but through an undertaking agreement with the developer. It was included in the hearing only to provide for the contingency that some change in plans might later call for.street F)1, assessments for it's completion. Mayor Luebben called for objections to the making of this improvement. Hearing none, Luebben moved, Rupp seconded that the following resolution.be adopted: WHEREAS, a.resolution of the Village Council adopted the 27th day of March, 1957, fixed a date for a Council Hearing on the proposed improvement of Echo Street between S1oan.and Mississippi Streets and Mississippi Street from Echo Street north to end by complete construction, AND WHEREAS,.ten.dayts published notice of the hearing through two weekly publications of the required notice was given and.the.hearing was,held thereon on the 18th day of April, 1957, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL.OF THE VILLAGE OF MAP?,EWOODi 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27th, 1957. 2. Milner W. Carley and.Associates.are hereby designated as the engineers for'this improvement. They shall prepare plans and specifications for the making of such improvement. Ayes - all The sixth improvement considered was the grading and surfacing of Fourth Avenue from Duluth to Atlantic Street and Third Avenue from Atlantic Street to English Street at an estimated cost of $12,000.00. This work was petitioned for by the Hills -and Dales Construction Company and is to be paid for by that company and not by assessments. Again it was included to provide for any future contingency. Mayor Luebben called for objections. Hearing none, Berger moved, Schmid seconded that the following resolution be adopted. WHEREAS, a resolution of the Village Council adopted the 27th day of March, 1957 fixed a date for a Council hearing on the proposed improvement of Fourth Avenue from.Duluth to Atlantic Streets and Third Avenue from Atlantic to English Streets by grading and surfacing, AND WHEREAS, ten dayls published notice of the hearing through two weekly pub.. lications of the requited notice was given and the hearing was held thereon on the 18th day of April, 1957, at which all persons desiring to be heard were given an opportunity to be heard" thereon, NOW THEREFOIM BE IT RESOLVED BY THE COUNCIL OF.THE VILLAGE OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27, 1957• 2. Milner W. Carley and Associates are hereby designated as the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. Ayes - all The next improvement considered was the grading, surfacing and storm sewer construction on Van Dyke Avenue from County Road B to Fourth Avenue at the following estimated costs: Storm Sewer construction - $18,300.00; Gravel Base construction - $2,650.00 and Grade Correction - $1,350.00. This improvement was not as -a result of a petition but based on the recommendation of the Village Engineer. A majority of the property owners from the area proposed for assessment were present at the meeting. Ljungren, representing the Village Engineer, gave a detailed explanation of the proposal, with the aid of a scale map which also showed the area proposed to be assessed. He then explained the anticipated assessment based on direct or indirect benefit. It was pointed out that the proposal was based 'on a superficial engineering survey that might be changed to some degree if the work was ordered and a complete engineering study made. The Council pointed out that so long as the surface water problem existed in this area no consideration would be given to the installation of sanitary sewers because of the specific prohibition by the City of St. Paul in their resolution granting connections. All persons present were given an opportunity to ask questions and express their views. After a lengthy discussion of the project, a spokesman for the group presented a petition signed by all but three of the property owners in the area protesting the project. In view of the opposition to the storm sewer project which was necessary for the-com- pletion of the improvement of Sandhurst Drive between White Bear Avenue. and Van Dyke Avenue as proposed, O'Mara moved, Schmid seconded that the resolution ordering the improvement of Sandhurst Drive be reconsidered. Ayes - all Luebben moved that the Sandhurst Drive petition be laid over, Rupp seconded. Ayes » all - Luebben moved, Berger seconded that the Van Dyke Avenue storm sewer project be laid over for further consideration. Ayes - all The final improvement to be considered was the grading and surfacing of Gordon Avenue between Sophia and Ripley Streets at an estimated cost of $1,500.00. Mayor Luebben called for objections to this improvement. Hearing none, Luebbeii moved, O'Mara seconded that ' the following resolution be adopted: WHEREAS, a resolution of the Village Council adopted the 27th day of March, 1957, fixed a date for a Council hearing on the proposed improvement of Gordon Avenue between Sophia and Ripley Streets by grading and surfacing, AND WHEREAS, ten day's published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 18th day of,April, 1957, at which all persons desiring to be heard thereon, NOW THEIEFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted March 27, 1957• 2. Milner W. Carley and Associates are hereby designated as'the engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. Ayes - all The final plat of Membrez Addition was presented for final approval. It was pointed out that Kennard Street on the east was only a half street but.Mr. Membrez informed the Council that he had made a verbal. agreement with the adjoining property owner to provide the other half of Kennard. It would then be constructed at Mr. Membrez expense. He presented a copy of the agreement for Council approval. It was explained that it would be necessary for the Village Engineer.to compare.the final plat with the preliminary.to insure that it conformed with all recommendations. Rupp moved, Berger seconded that the Clerk be authorized to sign.the final plat upon receipt of a letter from the Village Engineer recommending that the final:plat be accepted and upon.completion of the road agreement for Kennard Street with the adjoining owner. Ayes - all Mr. Bergstrom from the Northern States Power Company appeared before. the Bgard requesting that speedy consideration be given to. their application. for. a permit for a proposed standby gas storage plant. The plans and specifications had been delivered to the Clerk earlier that-day. After a short discussion of the project, Mr. Radatz, Chairman of the Planning Commission, was requested.to schedule a special meeting for immediate.consideration of the project. Luebben,moved, Berger seconded that the Clerk be authorized to issue a building permit for the Northern States Power Company project subject to a favorable report from the Planning Commission. Ayes - all Mr. Arne Nord, 1694 Prank Street, appeared before the Council to request permission to build a home for his son on property to the east of his home and to allow an easement across his property for access to that home. The home is to be built facing a street that has not been graded through but the property and home. will in all other, respects con- form to Village regulations. The matter was referred to the Vi.11ege.Attorney for the preparation of an agreement requiring no maintenance on the easement. The agreement will also contain a provision that when the road is constructed the property owner will not oppose an assessment for that purpose. Upon completion of the agreement, the Clerk was authorized to issue a building permit. Mr. Mickleby, 2227 Ger#ari Street, reported that he was the owner.of property that abuts on the proposed Craig Place,J& *be running South from Fourth Avenue,in hark Park. He pointed out that the developer of that plat has only half of the street easement. This was not noted on the preliminary,plat. The other 30 feet is.owned,by Mr. Mickleby and several others who have not.provided street easements.. The.property.owners did not feel it would be adviseable for them to provide the easement at.this time. It was.suggested that they contact the developer, Andrew Shuster, and make what arrangements they could with him. Luebben moved, Rupp seconded that the following.Town of New Canada.employees be appointed to their respective positions for the Village of Maplewood: Mrs. Dorothy Hejny, Deputy Clerk Peter Moritz, Street Foreman and Sanitary Inspector Oscar Londin, Building Inspector Vernon Christensen, Electrical Inspector William LaPlante, Gas Inspector Mrs. Eleanor Peterson, Deputy Health Officer Anthony Jungman, Equipment Operator Ayes - all Ljungren reported on the wage scales for various classifications of Street Department employees used by the County of Ramsey. It was found that the Village scales no longer conformed to those used by the County. Lu.ebben moved, Berger seconded that the Village Street Department employees be paid the same scale as comparable employees of the County effective April 16th, 1957. Ayes r all Rupp moved, Schmid.seconded that the following order be adopted and published regarding the leashing of dogs in the Village of Maplewood: Pursuant to authority vested in the Village Council of the Village of Maplewood by provisions of Section 9, Village Ordinance No. 8, as amended; It is hereby ordered that for a period of ninetyJ90) days, commencing May 1st, 1957 and ending July 29, 1957, no dog shall be permitted on the streets or roads of the Village of Maplewood unless held on a leash by the owner or guardian of�such dog and any dog found upon the street that is not on a leash in compliance with this Order shall be seized and impounded as provided in the provisions of Ordinance No. 8, as amended, and the owner of such dog shall be deemed guilty of a misdemeanor and shall be subject to fine not exceeding $100.00 or imprisonment not exceed- ing ninety (90) days. Further, no dog shall be released from impoundment unless the owner or other persons claiming such dog shall buy•a license if dog is not licensed and shall pay a fee of $3.00 plus $1.50 per day for each day the dog is held. Any dog unclaimed for more than.thres (3) days shall be disposed of according to law. Ayes - all Luebben moved, Berger seconded that the following pay scale be adopted for the payment of the Dog Catcher; Patrolling Village (including truck expenses) •- $2.00 per hour Rome Call (not resulting in pickup) - $2.00 each call Pickup and delivery to shelter .- $4.00 each pickup Any hour in which one or more call or one or more pickup is made, no hourly rate shall be charged. A complete record of time, mileage, calls and pick- ups shall be kept on forms provided by the.Clerk and-attached to payment voucher. 'Ayes •- all Berger reported the results of the Village Engineer's investigation of storage tank and pump prices to be used -for storing gasoline at the Street Department Garage for Street Department.and Police equipment requirements. Schmid moved, Berger seconded that the Village Engineer be authorized to purchase a storage tank and pump at an approximate cost of $329.00. Ayes - all O'Mara moved, Rupp seconded that a condensed version of the minutes be published in the RAMSEY COUNTY YOVIEW, Official Village newspaper and that the complete set be sent to the members of the Council prior to each meeting with a copy posted for the benefit of the public. Ayes - all O'Mara moved, Luebben seconded that the Clerk be instructed to send a letter to the firm of Bettenburg, Townsend, Stolte and Comb, consulting engineers for sanitary sewers, auth. orizing them to prepare plans and specifications for sanitary sewer connections with the City of St. Paul that can be completed before or during'1958. Ayes - all The Clerk was instructed to inform Northern States Power Company that they are to with - hold any further gas main installations until further informed by the Village Council. ' The Village Attorney was instructed to work out a franchise agreement for gas installation and service with Northern States Power Company. The Planning Commission's reports with reference to Gennow Heights, a proposed plat, was read. They stated the plat had.been examined and.found.to be conforming. The Planning Commission also informed the Council that.the following.members had indicated their willingness to continue serving on that.Commission: William Bingham,.Edward Kishel, James McGinley, Frank Rose, Al Toenjes and Ernest Radatz. Berger reported that he had as yet been unable to contact the seventh member of the Commission,.Larry Larson, but expected to get an answer before the next Council meeting. The Planning Commission reported the results of-the election of.off icers of that group to.be as follows: Ernest Radatz, Chair- man; Frank Rose, Vice Chairman and James`McGinlay, Secretary. The proposed plat of Kroiss Addition was presented to the Council for examination. The area covered is described as: Lot 10, 3. G. Rogers Garden Lots, lying north of Highway No. 36 and all of Ballingers Addition. The plat was referred.to the Planning Commission and Village Engineer for study and recommendation. The plat was accompanied.by a petition for the improvement of Grandview Avenue from Hazelwood Avenue to.Germain Street, Viking Drive (Service Road) from Hazelwood Avenue to Germain Street and Germain Street from Viking Drive to Gervais Avenue, by grading, drainage, gravel base construction and bituminous stabilization. The Clerk informed the Council that a petition, accompanied by an abstractors certificate and the required fee, had been received for the vacation of alleys Blocks 7, 8 and 11, Clifton Addition, Ramsey County, Minnesota. The petitions were.found to.be signed by more than the required fifty percent (50%) of owners of property abutting.on said alleys. Mayor Luebben set the hearing for consideration of the petition.for 8t30 P.M. on May 16, 1957 at the Village Hall. The_Clerk was instructed to publish the proper notices. A letter from Mrs. George.Neskey, 2076 N. English Street,.complaining . of a pig farm on property adjoining her property, was read. The Clerk -was instructed to inform her that the Village is in the process of establishing regulations to control the keeping,of pigs. A letter from Ambrose--Czeek, 1999 Prosperity, was read with reference to the requirements that he correct the drainage situation on property at the S. E. corner of Kennard Street and Frost Avenue. His letter stated that the old culverts would be removed and a two foot culvert for just the driveway would be installed by May 15th, 1957• O'Mara moved, Luebben seconded that the following resolution, requested.by Harry S. Bronson, County Engineer, be adopted: >> p � - - 6f WHEREAS, It has been made to appear to the satisfaction of the Council of the Village of Maplewood, Minnesota, that it is proper and expedient that Larpenteur Avenue, hereinafter described, should be designated as a.State Aid Road in order that State and Federal funds may be used for the improvement and construction of said road. AND WHEREAS, the County Board of Ramsey County, Minnesota, has requested con. _ currence of the Village Council of Maplewood, Minnesota in said designation for that portion of Larpenteur Avenue which lies within the limits of the Village of Maplewood, NOW THEREFORE BE IT RESOLVED, That that portion of Larpentaur Avenue, that lies within the corporate limits of the Village of Maplewood, beginning at Rice Street and terminating at T. H. #61 (Arcade Street) be known -and designated as State Aid Road No. 50. BE IT FURTHER IMSOLVED, That the Village Clerk is hereby authorized and directed to forward three (3) certified copies of this resolution to the County Engineer, Ramsey County, Minnesota, for delivery to the Commissioner of Highways for the State of Minnesota for his consideration and approval. Ayes - all - Meeting adjourned at 1:25 A.M. Forrest R. Schmid Clerk April 29, 1957 A special meeting of the Council was called to order at 8:30 P.M. by Mayor Luebben. All members of the Council were present. Also in attendance at the meeting were, Memmer, Village Attorney, Milner Carley and Vernon Ljungren, Village Engineers. The first portion of the meeting was devoted to the reading and a discussion of the proposed platting ordinance as prepared by the Village Engineer and Village Attorney in consultation with the Town Board and Planning Commission. Rupp moved, Berger seconded that the following ordinance be adopted: ORDINANCE,NO. 39 AN ORDINANCE REGULATING THE PLATTING OF LAND WITHIN _ THE VILLAGE OF.MAPLEWOOD AMENDING EXISTING ORDINANCES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Ayes - all Dr. Kenneth Nimlos, Chairman of the Village Board of Health, arrived at the meeting and discussed the establishment of a more adequate ordinance relating to sanitary system installations. The Village Attorney, in cooperation with Dr. Nimlos and Mrs. Peterson, Deputy Health Officer, are to prepare such an ordinance using material available from other such ordinances in use in nearby suburban areas and State of Minnesota Health Department regulations as a guide. �k A discussion followed on the burning of garbage in outdoor containers which are not rat proof. It was felt necessary to. establish some sort of controls which will correct this health hazard. The decision was reached to use a program of publicity and exist- ing ordinances to improve conditions in the Village. The proposed street construction and land improvements ordinance prepared by Milner W. Carley and Associates was.then discussed. Luebben moved the adoption of this ordinance. Berger seconded, Rupp-.7. that this matter be tabled until the next regular meeting of the Council. Ayes - all A final plat of Littles 3rd. Addition.was presented.for approval. This plat is a portion of a larger plat initially introduced and given preliminary approval as Littles 2nd Addition. Later it was divided and another portion:has.already.received approval as Littles 2nd Addition. Luebben moved that the final plat of Littles 3rd Addition be accepted and the Clerk be authorized to sign it. Rupp seconded. Ayes - all Luebben moved that the Street Foreman's salary be increased to $400.00 per month and $30.00 per month truck allowance. Berger seconded. Ayes - all O'Mara moved, Rupp seconded that the west side of Kennard Street adjoining the Pre- sentation Church building be declared a "no parking" zone. Ayes - all Meeting adjourned at 12 :15 A.M. Forrest'R. Schmid Clerk May 2, 1957 The regular semi - .monthly meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7:15 P.M. Also present were: O'Mara, Berger, Rupp and Schmid; Absent: None. In accordance with a new policy adopted at the April 18, 1957 meeting of the Council, the minutes of that meeting were mailed to members in advance of this meeting for reading and study. A copy has also been posted in the Village Offtce.aAd is available for reading by Village residents. This system was installed to speed the progress of the meetings. The Clerk reported that publication of the minutes in'the official Village newspaper would begin next week. Berger moved, Rupp seconded approval of the minutes of the regular.meeting of April 18, 1957. Ayes - all After a silent reading by each membdr of the Council of the minutes of the special meeting held April 29, 1957, Berger moved, Rupp seconded the approval of these minutes. J `7 ._ r> Ayes - all Memmer, Village Attorney, pointed out that several important elements had been misstated in the reporting of the minutes of several meetings and recommended the adoption of a resolution correcting them. Schmid moved, O'Mara seconded that the following resolution be adopted: RESOLVED, That the minutes of the March 7, 1957 meeting be corrected to show that the hearing on the proposed improvements in Littles 2nd Addition and Conway Avenue projects were held, with all persons present given an opportunity to voice objec- tions to the projects but none were made. Further action on these projects was then continued to the meeting of March 21, 1957, BE IT FURTHER RESOLVED, That the minutes of the March 21, 1957 meeting be corrected to show further action on the improvements in Littles 2nd Addition and the Conway Avenue projects were both continued to March 27, 1957, AND BE IT FURTHER RESOLVED, That the minutes of the March 27, 1957 meeting be cor- rected to show further action on the Conway Avenue project continued to April 4, 1957. - Ayes - all Louis Shapiro, 1722 Jefferson Avenue, St. Paul, appeared before the Council. He reported his ownership of property, described as Lot 4, Block 1, Maryknoll Addition, through which j a judicial drainage ditch runs. He requested that this ditch be closed as a hazard to health and safety. A copy of a law passed by the State Legislature was presented to the Council which Mr. Shapiro indicated gives the Village control over these ditches that it previously lacked. Mayor Luebben informed Mr. Shapiro that it would first be necessary to obtain a legal opinion from the Village Attorney concerning the powers conferred by this law before any action could be taken on his request. Delmer Horrisberger, 3.459 •- 6th Avenue, requested information on the correct naming of streets both in his area and those nearby. He was informed that it was the intent of Trustee Berger, Ljungren of the Village Engineer's and Clerk Schmid to meet soon to review street names in the entire Village and to recommend for Council action any proposed changes. Mr. Horrisberger was asked to contact his neighbors in order that they will be prepared for the changes. Jack- Kellich, 163 Mt. Vernon and Robert Nelson, 171 Mt. Vernon, requested the installation of additional street lights in their neighborhood, James lot Addition. They pointed out that a number of homes had been burglarized and felt that it was due in part to inadequate lighting. The matter was referred to the Village Engineer for investigation and with power to act. Trustee O'Mara pointed out that in the Village Engineer's survey of last year, that additional lights were needed but left out at that time for budget reasons. He suggested that some of these recommended lights now be reconsidered for installation. John Lambert, 743 Mary Street, requested information on the anticipated date for street construction in his area. It was pointed out that work on'the roads in Minnehaha -High- lands Addition had been withheld until home construction was completed. The Village Engineer had recommended that this work now be done and plans were presently in the process of preparation. It was also pointed out that final surfacing may be delayed due to the-possibility of sewer construction in that area in the near future. Mr. Lambert also requested that street lights be installed in the area. This matter was referred to the Village Engineer for investigation and.recommendation. Harold A. Smith, 230 Crestview Drive, presented a.proposed plat of.Heekeroth's 2od Addition. The area included lies west of Sterling Avenue and. south of Highway No. 12. Mr. Smith requested permission to build the roads in this plat himself. It was ex- plained that under Village regulations now in effect, all roads are now built according to Village specifications on a bid basis, with.the contracts let by the Village Council. It was.suggested that he encourage his contractor to submit a bid when the time arrives. Luebben moved, Berger seconded that.the proposed.plat be referred to the Planning Com- mission for investigation and report. Ayes - all Pursuant to the provisions.of an advertisement for bids for a.Street Department truck, Mayor Luebben called for the opening of bids.received at 8:00 P.M. The following bids were received: F Name of Bidder Type of Truck. Bid Lake Vadnais Motors International Harvester White Bear Lake, Minnesota Motor Truck Model R 194 $6,277.31 - (Accompanied by certified check for $700.00) East Side Motor Sales, Inc. 1957 Ford F 900 w/ St. Paul« 683 E. Seventh Street Garwood Hoist & Dunn Body $6,098.00 St. Paul, Minnesota - w/ LeHasse Body and Anthony Hoist $5,998.00 w/ Heil. Body.& Hoist $6,338.00 (Accompanied by certified check for,$610.00) Luebben moved, Rupp seconded that the bids be referred to the Village Engineer for tabulation and report, with the report to be made at 9 :30 P.M. on this date. Ayes - all Albert Hastings, 2,556 Holloway Avenue asked what provisions had been made for sanitary sewer connections for lots on Sterling Avenue south of Holloway Avenue. This street is one which is divided by the boundary line between North St. Paul and.Maplewood. The Council informed him that a solution to his problem.could.not be given at this time but would.probably be available within.six months t.o:a year.. Mr. Hastings stated that he was in no hurry and.could_wait:for,an answer.to his problem. Ray Miller, 2778 White Bear Avenue, appeared to request a permit for a trailer parked on his property which.includes five acresrof land.. The trailer is being used by Mr. Miller's father. Mrs. Peterson reported that the trailer has.it's -own sanitary:system and was neatly and.attractively.kept. He was informed that.it.would.be necessary to secure a 90 day permit which could be renewed.at the end_of that period _so long,as. no specific worthy complaints were received. Ray Kroiss, 1475 Transit Street, St. Paul, asked the. status of the.proposed plat of Kroiss Addition previously submitted to the Council for approval. The Planning Commission's report was read. That group recommended approval.of the.plat as sub - mitted. The Village Engineer's report noted that-Germain Street was platted only as a half width street. Upon contacting Mr. Kroiss, the Engineer learned that the pro- perty owner to the east had refused to dedicate the additional thirty feet to complete • till width street. He also found that to allow a half width street.would.result in • high vertical bank along the east line which would create a maintenance problem. The alternatives possible were stated to be: 1. Allow one -half width street with attendant maintenance problems. 2. Condemn east 30 feet of Germain Street. 3. Require full 60 foot from Mr. Kroiss with a jog in Germain Street resulting at Gervais Avenue. The Engineer further stated that the drainage in the area had been examined and found that no particular problems exist in that respect. The petitions for construction of the street had not been prepared pending the-Council's decision on Germain Street. Mr. Kroiss Indicated that he felt it would be possible 'to - secure a slope easement from the adjoin- ing property owner. It -was agreed that if the slope recommended by the Village Engineer were secured, this arrangement would be acceptable. Luebben moved, Rupp seconded that the Planning Commission report approving the proposed plat of Kroiss Addition be accepted, subject to the approval of the road plans by the Village Engineer. Ayes - all Al Herman, representing Modern Homes, presented a petition to rezone property described as follows: All that part of Lots 23, 24, 25, 26, 27, 28 and 29, Block 14, Sabin Addition to Gladstone, from R-1, Residence District (Single Dwelling) to BC, Business and Commercial classification for the purpose of constructing a gasoline station. Mr. Herman pointed out that a portion of this property is.now a drainage.area. It is his Intent to fill the drainage area and provide a new screened drainage basin on adjoining property. He was informed that an abstractor's certificate of the property owners within 200 feet of the property proposed for rezoning would be required along with the fee set up by ordinance. Luebben moved, Berger seconded that a hearing on the proposed rezoning be set for 8:00 P.M. on June 6, 1957, subject to Mr. Herman providing a proper petition accompanied by the abstractor's certificate and fee to the Clerk,in sufficient time for proper publication of the notice of hearing. Ayes w all The matter of the rezoning and drainage problem was referred to the Planning Commission and Village Engineer for concurrent study and report. Elmer Bouquet, 1381 Kohlman Avenue, requested that action be taken to reduce the speed limit near the new Hazelwood School from the present 50 mile per hour limit. He was informed that this request had already been made to the Board of Ramsey County Commis- sioners on the recommendation of the Village Police. The County Board had then adopted a resolution requesting the speed reduction and directed it to the State Highway Com- missioner. It was pointed out that there is now a question of jurisdiction as a result of the Village incorporation. The matter is in the hands of the Village Attorney, the County Attorney and State Attorney General and an attempt is being made to determine Village rights in the setting of speed limits. Mr. Bouquet also requested that action be taken to secure a proper width bridge on County Road °C'f over the railroad right of way. It's present narrow width makes it hazardous -for both traffic and pedestrians. Trustee Berger agreed to contact the County and rail» road in an effort to secure a more adequate bridge. Trustee Berger reported that Larry Larson, former member of the Planning Commission, stated that he did not wish to serve on the Commission because of other duties. A list of four (4) possible choices to fill this vacancy has been submitted to the Planning Commission for recommendation. After a short discussion, and an indication from the Council that all members had had an opportunity to read the proposed street construction ordinance, O'Mara moved, Luebben seconded that the following ordinance be adopted: ORDINANCE N0. 40 AN ORDINANCE ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF STREETS AND ROADS WITHIN THE VILLAGE OF MAPLEWOOD, PROVIDING SPECIFICATIONS, MATERIALS AND PROCEDURES AND.PROVIDING PENALTIES FOR VIOLATION THEREOF. Ayes - all Trustee Berger pointed.out that in adopting the scale of wage rates for regular employees, certain part -time employees had been overlooked.. He suggested the adoption of a special scale for these employees. Berger moved, O'Mara seconded that the following wage rate scale be adopted for part -time employees and for the use of part -time: private tracks: Part -time Track Drivers $1.63 per hour Part -time Laborers $1.63 per hour Part-time Foreman $1.72 per hour Part -time Truck $1.43 per hour Ayes - all Following a review of the practices of other suburban areas with regard to uniform allowances for Police, Berger'moved, Luebben seconded that the Village of Maplewood provide a uniform allowance.of $60.00 per year payable on May lst:of.each.year, with the payment for 1957 to be made the second regular meeting in May. Ayes - all Ljungren, representing the Village Engineer,.reported on the tabulation of bids on the Street Department truck. He found that all bids met specifications -and recommended the purchase of the 1957 Ford F 900 with LaHasse.body.and.Anthony hoist at the low bid price of $5,998.00. Berger moved, Rupp seconded that the Village Engineer's recommen- dation to purchase the 1957 Ford F 900 with LaRasse body and Anthony hoist at $5,998.00 be accepted. Ayes .. all Londin, Building Inspector,.brought.to the. attention of the Council.an. application for a building permit, requested by LaVerne.Seliger, 2677 Midvale Place, on_a lot 60 x 393 feet. He pointed out that the lot.does,not meet the 75 foot frontage requirement. The application was accompanied by.a letter, signed.by Pauline O. Smith,.26.75.Midvale Place' and Mrs. George L. McCabe, adjoining.property owners, to the.effect that there is no additional property available for sale or disposition to help Mr. Seliger meet the frontage requirement. Berger moved, Rupp seconded that a permit.be granted, provided that in the Building Inspector's opinion,.it is possible to install a. satisfactory sanitary disposal system. Ayes -- all A--letter from the Village Engineer, regarding the tabulation of culvert bids.received and opened at the last regular meeting, was read. The letter noted that.the. bids of the St. Paul Corrugating Company, Wheeling Corrugating Company and Armco Drainage and Metal Products were Identical in the amount of $1,676,00. The Village Engineer recom- mended that the award be made to the St. Paul Corrugating Company since they are the nearest supplier and provided satisfactory service in 1956. Luebben moved,.Rupp seconded that the Engineer's recommendation be accepted and the contract be made.with the St. Paul Corrugating Company. Ayes - all A letter from the Village Engineer, with regard to the tabulation of gravel bids received and opened at the last regular meeting, was read:. The unit price of the gravel was as follows: Terrance G. Crombie $1.50 per cu. yd. T. A. Schifsky and Sons $1.59 per cu. yd. The alternate bids for the gravel, F.O.B. Village trucks at the suppliers pit, were also noted. The Engineer -stated that he did not believe the Village now has adequate equipment to do it's own hauling. The letter also stated that analysis tests, submitted by both bidders, were examined and that both met the specification requirements. They recommended acceptance of the low delivered bid. Berger moved, Luebben seconded that thw Engineer's recommendations be accepted and the contract awarded to Terrance G. Crombie at.the low delivered price of $1.50 per cu. yd. Ayes - all The third letter from the Village Engineer reported on the bituminous material price submitted by T. A. Schifsky and Sons, the only bid received. The Engineer found that the price submitted, l¢'per gallon, is in line with current standard prices and re- commended it's acceptance. Luebben moved, O'Mara seconded that the bid of T. A. Schifsky and So" for bituminous material at $4,950.00 or a unit price of 1&�o per gallon be accepted. Ayes - all The rabb"ish hauling license application of Alpheous Owens, 2574 Hazelwood Avenue, was discussed. Mrs. Peterson reported that she had investigated his equipment and found it to be in order. She also stated that he had read.the'regulations in force and had agreed to comply with them. Schmid moved", Berger seconded that the license be granted. Ayes - all A letter from the Twin City Rapid Transit Company was read. The letter outlined certain proposed changes in bus transportation routes in the Village and requested the approval of the Council. The matter of road weight restrictions during the spring season was discussed and the accompanying map examined. The map showed only a very limited use of Village roads. Luebben moved, Rupp seconded that the Twin City Rapid Transit Company be given permission to use the roads as proposed in the letter. Ayes - all Following the reading of a letter from the attorney representing Highland Homes, Inc., and a letter from the Village Engineer, stating that all.requirements.had been met in preparing the,final plat of Membrez Addition, O'Mara moved, Luebben seconded that the Clerk be authorized to sign the final plat of that Addition. Ayes - all Upon the request of the Village Police, the Council discussed providing "no parking' signs for the grass area along Prosperity Road adjoining the athletic field and on the road near the beach and lake. A question arose as to the ability of the Council to take such action. O'Mara moved, Berger seconded that the matter be turned over to Trustee Rupp, Councilman in charge of the Police, for investigation and with power to act. Ayes - all . Meeting adjourned at 12:05 Forrest R. Schmid Clerk - May 16, 1957 The regular semi - monthly meeting of the Maplewood Village Council was called to order at 7:10 P.M. by Mayor Luebben. Other Council members present were! OtMara, Rupp, Berger and Schmid; absent: none. Rupp moved, O'Mara seconded that the minutes of the May 2, 1957 meeting be approved as submitted. Ayes - all Joe Wegleitner and Henry Klausing appeared before the Council with regard to the roads in Edgetown Heights. They asked that the road in this development be completed as quickly as possible because several lots had been sold and homes constructed on them. It was pointed out that it is the policy of the.Village,to withhold road-construction until most of the homes are completed in any new plat. The owners informed the Council that it was their intent to sell the lots over a period of years and they did not feel they could ask the buyers to wait until all construction was completed. In view of this information' the Council felt that an adjustment in policy could.be considered. It was agreed that relief could be given by grading, graveling and dust-coating the. road this year to provide a suitable access road into the area. Trustee Berger read a letter -received from James H. Kayser, 208 So. Sunset Drive, Minneapolis, owner of a 27 acre tract of land. south of Glenwood Avenue near the proposed site of the new detention home facilities. The letter protested the building of this project in the area in view of the opposition from many of the area residents. He re- quested further information before proceeding with plans to prepare a petition in opposi- tion to the work. After some discussion of the reasons,for the lo.cation chosen., Trustee Berger agreed to communicate this information to Mr. Kayser. Following an earlier verbal discussion with Mr. Edward Delaney, County" Commissioner, with regard to proposed plans for development of Joy Park in Silver Lake, the Council further discussed the_ anticipated role of the Village in it's development. Because the park lies wholly within the Village, it was felt that the Village should assume a major share of responsibility in encouraging further utilization.of.a desireable re- creational area as a part of it's recreational program., Berger.moved,.Luebben seconded that the Clerk be instructed to prepare and address ,a letter to Mr. Edward.Delaney ex- pressing the willingness of the Village of Maplewood to cooperate in any future deve- lopment of the Joy Farm property. Ayes - all A letter from the Planning Commission was read which suggested that the Council inves- tigate the possible availability of property lying immediately.east of the Village office. It was reported that Memmer, Village Attorney, had already looked into this matter and found that the property was not currently available for.purchase but that he would continue his effortA to secure the property or at least insure it's eventual sale to the Village. A new overhead lighting contract prepared by Northern States Power Company was pre« sented to the Council for examination and acceptance. Trustee Berger, to whom the contract had been given for delivery to the Council, explained that the new contract results from the Village incorporation and provides for a reduction in rates under this new status. Luebben moved, Berger seconded the adoption of the following resolution: IMSOLVED, That the Village Council of the Village of Maplewood of Ramsey County, Minnesota, hereby accepts the offer of the Northern States Power Company, a Minnesota corporation, to furnish illumination for street lights produced by: 76 - 6000 lumen incandescent lamps, 8 w 2500 lumen incandescent lamps, all located or to be located in said Village, and hereby approves all rates, terms, conditions and specifications contained in the proposed form of overhead lighting contract, made a part of the offer of said Company, and the Mayor and the Village Clerk are hereby authorized and directed to execute the aforesaid contract for and in the name of the Village and to affix the corporate seal thereto. Ayes - all Mr. and Mrs. Gennow, 466 E. County Road 11B11., appeared before the Board with reference to their proposed plat of Gennow Heights. The Village Engineer's report on this plat was read and stated that the site had been personally visited by them and the proposed plat was found to be feasible from an engineering standpoint. It was pointed out that the property slopes gently to the south and as a result no drainage difficulties are to be anticipated. It was pointed out that the Planning Commissionos report, received and read at the April 18th, 1957 meeting, was also favorable. Berger moved, O,Mara seconded that the Village Engineer and Planning Commission's reports favoring approval of the preliminary plat be accepted. Ayes - all Pursuant to due call and published and posted notice thereof, the hearing set for this date was declared open by Mayor Luebben, to consider the.rezoning of property described as: Lot 10 and part of Lot 9 lying South of a line from a point on the Easterly line 37.5 feet from the Northeast corner to a point on the Westerly line 63.8 feet from the Northwesterly corner, in Block 2, Gladstone Homesites No. 2, from R-1, Residence District (Single.Dwelling) to R «2. Residence District (Double Dwelling).. The Planning Commission's report was read. The report recommended approval of the request provided the type of double dwelling planned to be built on this property fits in with the style of archi- tecture of the single family dwellings in the area. Milon J. Simning, owner of the property, was present. The Clerk reported that the petition favoring the rezoning, when compared to the abstractor's certificate, contained the names of nearly all property owners within 200 feet of the property proposed for rezoning. The proper notice was published in the official Village newspaper and all property owners within 200 feet of the area to be rezoned were notified of the hearing by mail.. Mr. Simaing presented to the Council, for their examination, a copy of the plans for a double bungalow, proposed to be built on the property. After consideration of the Planning Commission's report and examination ,of the plans, Mayor Luebben asked if anyone present objected to the proposed rezoning. Hearing no objections, O'Mara moved, Luebben seconded that the Planning Commission's report be accepted and the petition for rezoning approved. Ayes .. al A,letter addressed to the Council by Dr. R. 0. Nimlos, Chairman of the Village Board of Health, was read. He suggested in the letter that a new ordinance be prepared by proper legal.authority and a sanitation engineer, providing for tests of soil conditions, designing adequate sewage treatment plants and adequate inspections. The suggestion was prompted by the many inadequate systems permitted to be installed under the present code. He also pointed out that these inadequate systems are actually more costly to the indi- vidual home owner because of the constant need for replacement. He also pointed out that certain wells in the area are subject to contamination by sewage because of the type of well being drilled and suggested this problem might also be solved through consultation with a sanitation engineer. After, some discussion, Luebben moved that the Village Attorney and Sanitation Engineer prepare for the Councills consideration, a proposed sanitary die» posal system ordinance, Berger seconded. Ayes - all Mrs. Peterson, Deputy Health Officer, reported that she had been instructed, by Dr. Nimlos to investigate the sanitation facilities of a family in the vicinity of Bellwood and W. Kenwood Drive after several complaints<were recently received. She pointed out that complaints have been.received about this situation over a period of years. Her investi- gation disclosed an outdoor privy, at least partially attached to the house, and no water on the.property. In discussing conditions with neighbors of the property owner, they complained of rats and other objectionable conditions. Rupp moved, Luebben seconded that the matter be referred to the Village Attorney for investigation and.with power to act. Ayes - all Memmer, Village.Attorney, reported on the Village authority with .regard to -speed limits on roads within the Village boundaries. He report .ed.the.County. Attorney took the position that as of the. date of. the filing of the, incorporation papers., the Village assumed full responsibility for the speed limits within the Village._.All of.the limits in effect at that time remained as they were prior to the incorporation.. The Village must now make it's request for speed.limit changes directly to the State.Highway.Commissioner. The County Attorney felt that,' as a matter.of .courtesy, requests for speed limit changes on County roads should be communicated to the Board of .Ramsey County Commissioners. Pursuant to due call and published.and posted notice thereof, the hearing set for 8 :30 P.M. on this date to consider a petition for the vacation of alleys in Blocks 7. 8 and 11, Clifton Addition, was.deelared open by Mayor Luebben, Mayor Luebben then called for objections to the granting,of this petition. Hearing none, Rupp.movek O'Mara seconded that the following resolution be adopted: 5,z_ - WHEREAS, more than.fifty percent (50%) of the owners of. real estate lying and abutting on alleys in Blocks 7, 8 and 11, Clifton Addition, Ramsey County, Minnesota having filed a petition for the vacation -of said alleys, and, WSEREAS, the hearing on said petition was preceded.by two (2) weeks Published and posted notice, and WHEPYAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said alleys be vacated, NOW, TraREP01M, BE IT RESOLVED, by the Ocunall of the Village of Maplewood, that the alleys.in Blocks 7, 8 and 11, Clifton Addition,.Rams.ey County, Minnesota, be and the same are hereby vacated. Aye s - all Gerald Bell, 1901 Hawthorne Avenue, appeared before the Council with reference to a lot at the S.E. corner of Barclay-Street and-Gulden Place which_he recently purchased. The drainage problem on that lot was discussed and it was.pointed out that the previous owner: was fully aware of the Village requirements for the solution of the problem. The Council felt that a: satisfactory solution could be worked.out with Mr. Bell. The matter was referred to the Village Engineer for investigation and a recommended solution which would be to.the advantage,of both the Village and Mr. Bell. Mrs. Alva Nelson, 1715 Edgerton Street appeared before the Council with reference to a petition she had previously submitted to the Clerk's office requesting the vacation _ of the alley in the block bounded by Edgerton, Larpenteur, Jessiw and Kingston Streets. She reported that property owned by her on the west side of the alley had been declared non - homestead and assessed accordingly because At was separated by this alley from the property on which her home is built. She explained that the County Assessor's office. had indicated that vacation.of this alley would reestablish the homestead rate and asked if this were true. The Council informed here that it was not within the province of the Council to affirm or deny the statements of the Assessor's office. It was pointed out that the petition was not accompanied by an abstractor's certificate as required. Mayor Luebben declared that a hearing would be set for Thursday, June 20, 1957 at 8 P.M. to consider the petition requesting the vacation of this alley. Londin, Building Inspector, brought up the matter of requiring an air test on plumbing in future home construction in the Village. Memmer, Village Attorney; pointed out that the present Building Code ordinance provides for the adequate inspection of plumbing and advised that, if the Council now felt this or any other type of test necessary, it may require such tests without amendment to the ordinance. It was decided that regulations would be drawn up providing the contractor's with this information and that a stamp would be purchased and used on the plumbing permits showing the new test requirement. The Planning Commission's report on the proposed plat of Heckeroth's Addition No. 2 was read. The letter pointed out that the plat had been examined and.considered by that group. They found it to be conforming and recommended approval. It was noted by the Council that Sterling Avenue running south from Highway No. 12 does not have a full width easement along the Dayton's Bluff Methodist Church portion of the property. The matter was referred to the Village Engineer for further investigation. Another letter from the Planning Commission was read which recommended that the Building Code be amended to change the overall dimension of a dwelling.from the present area of not less than 800 square feet -to an area of not less than 900 square feet. After some discussion, Berger moved, Rapp seconded that-the Village Attorney prepare an amendment to the Building Code increasing the minimum square footage of area in a single story home to 900 square feet. Ayes - all The Clerk reported that the petitioner for rezoning Lots 23 through�29, lying south of County Road B in Block 14, Sabina Addition failed to provide the necessary abstractor's certificate of property owners within 200 feet of the area proposed for rezoning in sufficient time to publish a notice of hearing for the original-date set. Mayor Luebben declared that the hearing be reset for 8 :30 P.M. on Thursday, June 20th, 1957• A letter was read from the Village Engineer with regard to street lights referred to him for investigation and report. The letter recommended that street lights be placed at the following locations: South end of Myrtle Street, south of Larpenteur Avenue, Southerly intersection of.Livingston Place and Maryknoll Avenue, Intersection of Ide Street and Livingston Avenue, Intersection of Adolphus Street and Echo Avenue, Intersection of Adolphus Street and Downs Avenue, Intersection of �ackson.Street and Echo Avenue, Intersection of Jackson Street and Downs Avenue, Intersection of Sterling Avenue and Lary Street, Intersection of Bartelmy Lane and Mary Street, Intersection of Bartelmy Lane and Bush Avenue, Intersection of Meyer Street and Bush Avenue, Intersection of E. 7th Street and Meyer Street. The letter also reported that a request had been made to Northern States Power Company for a lighting map. When this map is received, a further survey will be conducted to determine additional street light needs for the Village and a report made to the Council as requested,. Luebben moved, Rupp seconded that the Engineer's report recommending the installation of 12 additional street lights be accepted and that. the Engineer be empowered to furnish a letter to Northern States Power Company authorizing the installations. Ayes -4 all Ljungren, Village Engineer, reported that his investigation disclosed.the need for a street light at the intersection of Bellwood and Jackson Street. Because Jackson Street is a County maintained. road, he pointed..out.. that: it.would. require a request to the County for it's installation. The.Village Engineer was instructed to :prepare a letter to Ramsey County requesting the light. Ljungren.. Village Engineer,. then reported on the status. of. road Improvements proposed for inclusion in. Street. Improvement. Project .No..1 f or. 1957• The. final. plans and specifications of each of the.improvements to be included were.discu.ssed. Several changes were made in the original proposals in view of additional information gathered by the Village Engineer. Ljungren noted the necessity for the redesign..of.the intersect.ion.of.Gordon and Phalen Place with Ripley. Street. The next improvement discus sed. was :the constraction.of Sophia.St.reet_ between Clarence Street and Birmingham Street;. The Village Engineer reported that,in the f.inal.survey of the area, it was found that a low spot exists for which no provisions have been made to secure proper.drainage. Correction of .this.defect:would be.ne.cessary.before work on the road could proceed. Trustee:0'Mara pointed:out.that.it was anticipated that sewer con- struction would take place in this area.in.the near future. It. was decided to withhold action on Sophia Stteet at the present time. The report on the proposed Lake Street improvement between Woodlynn Avenue and �Zydia Avenue disclosed that no access presently exists to Lake Street from Bellaire Avenue. The Village Engineer recommende_d.that a portion of Woodlyn Avenue be constructed by the Village to provide that access. The Council agreed to proceed on the recommendation of the Village Engineer. After discussing the various improvements to be included in Street.Improvement Project No. 1 for 1957, Schmid moved,.Berger seconded that. the following resolution.be. adopted; WREREAS, pursuant to a resolution passed by the Council on April 18, 19579 the Village.Engineer has prepared.plans. and specifications for the follow - ibg improvements; 1. Construction of approximately 250 feet of Bartelmy Lane by grading and gravel base construction.(to be completed from general funds); 2. Meyer Stteet between the.north.line of E. Minnehaha Avenue and the south line of Bush Avenue ( formerly. Fauquier.Avenue).by.grading and gravel stabilized base constriction (to be.completed on an.assessment basis); 3. Edgemont, Kingston and'Arkwright.Streets within.Monn's Villa by grade correction and bituminous surfacing.(to be completed on_an assessment basis); I ` 4. Fourth Avenue from Duluth Street to Atlantic Street.and.Third Avenue from Atlantic Street to English.Street by grading and gravel stabilized base construction (to be completed on an assessment' basis); $. Sixth Avenue (also knoam as Cope Street) from Barclay Street to Hazelwood Avenue by grading and gravel stabilized base construction (to be completed from cash - deposited by developer); 16. Lake Street between Lydia Avenue and Woodlynn.Avenue by grade correction, gravel stabilized base construction and bituminous surfacing (to be completed on an assessment basis); 7. Woodlynn Avenue between Lake Street and BellaireAvenue by grade correction and gravel base construction (to be completed out of general funds); 8. Streets in Minnehaha Highlands Addition by gravel base correction (to be completed by funds provided by - developer); 9. Phalen Place from Ripley Street to Sophia Street by grading, gravel base cron -» struction and bituminous surfacing (to be completed on an assessment basis); 10. Gordon from Phalen Place to Ripley Street by grading, gravel base construction and bituminous surfacing (to be completed on an assessment basis); 11. Echo Avenue from Sloan to Mississippi Street and Mississippi Street from Echo Avenue north to end by grading, gravel base construction and drainage construction (to be completed from funds provided by the developer); 12. Service Drive (Viking Drive) from Hazelwood Avenue to Germain Street, Grandview from Hazelwood Avenue to Germain Street and Germain from Service Drive (Viking Drive) to Gervais Avenue by grading, gravel base construction and drainage con.- - straction (to be completed from funds provided by the developer): according to plans and specifications on file in the office of the Village.Clerk. All bids shall be made on the proposed forms of the Village and shall.be accompanied by a cash deposit, cashiers check, bid bond or certified check payable to the order of the Village Clerk for not less than ten percent (10%) of the amound bid. Bids shall be directed to the Village Clerk securely sealed and endorsed upon the outside wrapper with a brief statement or summary as to the work for which the bid is made. The Village Council reserves the right to reject all bids. Ayes a all Lj gren, Village Engineer, reported that arrangements have now.been made for the con- struction of streets in 8roiss Addition. Mr. Eroise secured,_from.the adjoining property owner, an easement in order to construct Germain Street on a full width basis as well as I "a'partial payment toward the construction cost. The petition which accompanied.the pro- posed plat requested the grading, drainage work, gravel stabilized base construction and bituminous stabilization of Grandview Avenue from Hazelwood Avenue to Germain Street, Viking Drive (Service Road) from Hazelwood Avenue to Germain Street and Germain Street from Viking Drive to Gervale Avenue. The petition was referred to the Village Engineer for study and report at the next meeting of the Council. A letter from the Village Engineer with regard to Lark Park was read. It pointed out that the preliminary plat of Lark Park, submitted by the Shuster - Silvis Construction Company, indicated that provisions had been made for a fall width street for Craig Place. It was found on examining the final plat that the east one -half of Craig Place had not been provided for by easement. In a preliminary surbey on this.street, it was found that allowing construction of a. half »width street would result in .a_2 to 3 foot cut for a large portion of the street. This would, in turn, create a.maintenance..problem. The Engineer recommended that in view of the discrepancy between the preliminary and final plat and the problem which would be created by construction of a haltL -width street, that acceptance of the.final_plat be withheld.. He suggested.that.Mr. Shuster be advised to exert every effort to obtain the additional right -of -way needed.. The.Council agreen to accept the Village Engineer's recommendations and to so inform Mr. Shuster. The final plat is not to be signed until proper.arrangements are made for the completion of.Craig Place. Ljungren then reported on the rezoning request for Lots 23.through.-29.lying South of County Road nB °, Block 14, Sabine Addition submitted.by.Mr. Herman.... -The. Village Engineer felt that because the greatest effect of the drainage changes proposed would concern the right- of- way.on County Road IM11, a County maintained road,.it should be discussed with the Engineer. Ljungren was. instructed to prepare. a, letter to.the.:County Engineer, explaining the situation and requesting a reply on the matter prior to the June 6th, 1957 meeting of the Council. Memmer, Village Attorney, reported on the law governing the completion of franchise agreements with Northern States Power Company. He recommended.that. the Village contact the legal department.of Northern Statee.Power Company for the purpose of.arranging such an agreement on gas.and electricity. Memmer was.instruct.ed by the Council to.proceed with the arrangements to conclude a franchise agreement with that Company spelling out, particularly, the cost.of cutting.service connections and to.confirm.the Village right to be informed of main installations and_to.secure control over such installations. Memmer, Village Attorney, brought to the Council's attention a letter reques -ting per- mission for water connections for the new Carvers Lake School to a private well in Wash- ington County. The letter also. requested au.thorization.fo.r similar.. connections. to private homes in that area. After such discussion, it was decided to withhold approval for pri- vate home connections. Rupp moved,- Berger seconded that-the-District Wo, 4O School Board be authorized to secure the services of the water company.for use. in the.Carver.Lake School. Ayes a all i Memmer., Village Attorney,.pre.sentecito the - Council an agreement.with Gerald D. Nord releasing the Village of Maplewood from construction and maintenance of a street on which a building permit was requested. The agreement also.provided that.if and,when.the Village arranged for construction of the street no objections would be raised to such action or assessments for the work. He :presented another. similar agreement concluded. with. Anton .Thell.for the purpose of building a home on an unconstructed street. A- letter from Lawrence S. Olson, Village Treasurer, outlined the funds.or accounts:he pro- posed to use in the Village financial records. He requested.that the Couneil.make sug- gest,ions.for additional.accounts they feel necessary. Truetee.O'Mara recommended the addition of a sanitation fund for use in accounting for the.sanitary.sewer construction project. A letter from the Machine Accounting Department of Ramsey County was read. The letter offered the services. of the department.to.any interested municipalities and gave the rages for such services. The Clerk- gas.instructed to.contact,that department..and.was authori- zed to make whatever arrangements.he felt necessary to provide better service to the Village through the use of the equipment available. A letter from the County Auditor's office with regard to the proposed enforcement of motor boat regulations on Ramsey,County lakes and the organization of a volunteer en- forcement group, was read. The matter was referred to Trustee Rupp for investigation. Berger moved, O'Mara seconded the adoption of the following resolutions RESOLUD1, that the Village of Maplewood join the League of Minnesota .Municipalities and pay the required annual dues in the sum of $241.00 for the year beginning June 1, 1957. Meeting adjourned at 11 :50 P.M. June 6, 1957 r Ayes - all r Forrest R. Schmid Clerk The regular semi-monthly meeting of the Maplewood Village Council -was called to order at 7:15 P.M. by Mayor Luebben. The other Council members present were: O'Mara, Rupp, Berger and Schmid; Absent: None. Rapp moved, Luebben seconded that the minutes of the May'16, 1957 meeting be accepted as submitted. Ayes a all Mr. Lewis, representing the Scenic Sign Company, St. Cloud, Minnesota, requested per- mission to add a new neon section to an existing directional sign at the S.W. corner of Parkway Drive and Highway No. 61 for Harold Freitag, 940_Frost Avenue,'owner of the St. Paul Tourist Camp. The addition proposed is to be 13 feet in length and.30 inches high in the form of an arrow with the word "motel" in neon lights. It was explained that the sign is non - conforming under Zoning Ordinance provisions which regulate the placement of signs and is allowed to remain only because it was in it's present location prior to the adoption of that ordinance. To permit an enlargement would be a violation of the ordinance. The Council suggested an overlay or insert which would not increase the present size as the only permissable solution. Mr. Louis Shapiro, 1722 Jefferson Avenue, St. Paul, appeared and asked for information on the Council's investigation of his request at the May 2, 1957 meeting for the filling of or storm sewer construction in the judicial ditch running through Lot 4, Block 1, Maryknoll Addition. The new law, brought to the Council's attention at that meeting, was found to have conferred on the Village Council the power to expend public funds on the upkeep of judicial ditches. It was explained to Mr. Shapiro that drainage cannot be blocked by filling the ditch because of the effect of such action on property owners whose land is drained by the ditch. The Council felt that the only real solution to the problem would be the construction of a storm sewer. The cost of such construction would have to be assessed against the property owners." The Council felt that an attempt to do so would be met by strong opposition from the property owners because of the cost Involved, as in the case of the Van Dyke Avenue project proposed by the Council several months ago. Mr. Shapiro was assured that the Village would maintain the ditch now that it has the power to do so and this would eliminate most of the dangers to health and safety created by the existence of such a drainage ditch. Raymond Jensen, 820 S. Margaret, appeared before the Council and explained that he is the owner of 10 acres of property in Maplewood south of Holloway Avenue where it forms the boundary between Maplewood and North St. Paul. The construction of Holloway Avenue by the County blocked the natural drainage and formed a swamp on Mr. Jensen.ls property. The County then relieved the situation by installing a culvert under Holloway Avenue. Since that time the property owners on the North-St. Paul side have filled the area, blocking the culvert and again creating the swamp condition. He requosted the assistance of the Village Council in gaining relief from his problem. Memmer, Village Attorney, informed the Council that he has been attempting to contact the County Engineer. In the event that he is unable to solve the problem through the!County, Memmer will discuss further possible action with Mr. Jensen. The matter was left in Memmer's hands awaiting further developments. Ray Sorrells, 2557 Highway No. 61, requested permission to park a trailer on property owned by him at 1071 E. County Road C for a period to end not later then May 1, 1958. He stated that he was aware..that.a permit.could be granted for only a ninety (90) day period at a time. Luebben moved, Berger seconded that permission be granted for a ninety (90) day period, renewable each ninety (90) days if no objections are received. Ayes - all Mrs. Larry Schultz, 2016 Prosperity Road, appeared before the Council to complain about the closing of the road easement known as Harris Avenue to pedestrian traffic. It was explained tha� the previous Town Board had ordered the road closed as a- result of complaints by-adjoining property owners that it was being used for vehicular traffic, although: never completed for that purpose, and also because i0 s-use resulted iA the blocking of natural drainage in the area. A snow fence had been erected to accomplish the closing. Mrs. Schultz requested permission from the Street foreman to open the fence to pedestrian traffic only and was given that permission. She requested that more per- manent arrangements be made for this purpose. It was suggested that posts be so placed in the easement to allow pedestrian traffic but to prevent it's use by automobiles. The Street Foreman was instructed by the Council to install the suggested posts. Frank McGinley, 20LA Prosperity Road and William LaBelle, 2032 Prosperity Road, appeared before the Council with a request for further information on the possible construction of Harris Avenue, which they adjoin on the north and south respectively at Prosperity Road. Mr. McGinley referred to a decision of a previous Town Board.to either construct Harris Avenue or to refuse to issue building permits to adjoining property owners. Mr. LaBelle had been granted a permit only because he had constructed a driveway to Prosperity Road. Other permits were granted because the homes face.on Nona Place. Memmer, Village Attorney, advised that such decisions of prior goyerning bodies were not binding on the present Council in any case. The Council pointed out that upon proper petition, the street could.be constructed but the construction costs would be assessed against the abutting property owners. They also explained that construction of the road is com- plicated by the existence of a pipe line easement in the road easement. The lowering of the pipes in order to reach proper grade level would result in prohibitive costs in order to .construct a street on an easement which is only half of the normal require- ment. The Council felt.the previous decision to install posts was the wisest at the present time. Mr. McGinley stated that he was certain-)that the pipe line company would cooperate. The Council suggested that he then contact that company for confir- mation, but even if the pipes are lowered without cost, he would have to pay his share of other street construction cost. He indicated that he was unwilling to pay such costs. He then asked that consideration be given to proper drainage. The drainage matter was referred to the Village Engineer for Investigation. Stanley Beyer, 1477 Viking Drive, acting as spokesman for a delegation from the North Glen Addition, asked that a previously submitted petition regarding a drainage ditch in that area be reconsidered. The ditch runs between Lots 7 and 8, 13 and 14, Block 1 and Lots 7 and 8, 13 and 14, Block 2 of the North Glen Addition. The residents feel that the ditch was improperly constructed and constitutes a hazard to health and safety. They requested that a storm sewer be installed. Ljungren, Village Engineer, reported that a rough "estimate of the cost to install such a storm sewer would be $5,700.00. The possibility that sanitary sewers would be installed 'in this same easement was also discussed. This was felt to be a definite possibility by Edward Kishel, Village Sanitary.Sewer Engineer.. The question then arose as to the advisability of installing a storm sewer with the possibility that it would soon be removed to make way for the sanitary sewer. The matter was referred to the Village Engineer and Sanitary Engineer for further study. Virginia Kalisko, 1.477 Ripley Street, requested permission to rent the Gausman building, now in the process of reconstruction on Frost Avenue, for use as a social club under the organization name of St. Paul Singing and Variety Club.* Proposed uses were stated to be weekend teenage dances,'dancing and singing lessons and rental for wedding recep- tions. She briefly outlined the histoxy of the organization and presented a list of references. The matter was referred to the Village Recreation Committee for investigation and action. Elmer Schlattmenn, 2830 Keller Parkway, requested permission to build an exposed basement structure on property purchased by him at the north end of Gervais Lake. He anticipated that removal of an old farm building now standing on the property and the completion of the superstructure on the new basement would take him four (4) to five.(5) years. The matter was referred to Londin, Building.Inspector, for investigation and report. . George Zuercher, 1947 E. Kenwood Drive, owner of Lots 3, 4 and part of Lot 5, Block 8, Parkside No. 2, requested a ruling as to whether a building permit would be.issued on a portion of the property which he proposes to sell. The area intended for sale measures 60 feet in frontage, 116 feet on one side, 90 feet on-the back line and 81 feet on the other side. It was pointed out that all other lots in this area have a 60 foot frontage. Although the property does not meet::the code requirements for front and minimum area, it is in conformity with other lots in the area. Berger moved, Luebben seconded that Mr. Zuer be granted permission to sell the.property as described and that a building permit would be issued when requested. Ayes -all Andrew Shuster appeared to request that the final plat of Lark Park be approved by the Board and signed by the Clerk. It was explained that approval of the plat did not authorize the issue of building permits. If approved, permits would be granted only on existing roads and would not be issued for building on Craig Place until arrangements have been made for construction of a full width street. O'Mara moved, Luebben seconded that the Clerk be authorized to sign the final plat of Lark Park. Ayes - all Mr. Kroiss appeared to request the final acceptance of Kroiss Addition., The Village Engineers' report on this addition was read. The report stated that the final plat had been examined and found to have been prepared in accordance with Village requirements. It was recommended that the street listed as Service Drive be changed to Viking Drive. Luebben moved, Rupp seconded that the final plat Qf Kroiss Addition be approved in accordance with the Village Engineer's recommendations. Ayes - all Following a discussion of the need for additional copies of plats in connection with sanitary sewers and other engineering projects, the Village Engineer and Clerk were instructed to notify all surveyors that a reproducible copy of all.new.plats must be provided the Village in the future. The Village Engineer's report on the streets in Kroiss.Addition vas then read. The letter noted the attachment of a petition for.the .construction of the.streets in this addition, referred to them at the last meeting for study and recommendation. They reported. the' study had been made, plans prepared for construction and found. the improve- ment feasible.. They estimated the cost to be $18,900.00 to construct the.following: Grandview Avenue from Hazelwood Avenue.to Germain Street,.Viking Drive (Service Drive) from Hazelwood Avenue to Germain Street, and Germain Street from Viking Drive to Gervais Avenue. Mr. Kroiss was present and stated that he was prepared to post a bond for the constru.c- tion of the streets and requested that work begin as soon as possible. 'The amount of the bond required is $28,350.00. The Village Engineer stated that because.he was aware of the willingness of Mr. Kroiss to.provide the.bond, he had included the work in the Street Improvement Project No. 1 for 1957, on which bids.are to be.received at the next meeting. The matter was then referred to the Village Attorney for the completion of an undertaking agreement. Gerald Bell appeared before the Council and asked if the report on the drainage problem on a lot purchased by him on the S.E. corner of Gulden Place and Barclay Street had been prepared by,the Village Engineer. Ljungren reported that he had investigated the situation and estimated the cost of an adequate storm sewer system for this property to be $4,700.00. Mr. Bell indicated that he was not prepared ncr willing to pay that amount. The question arose as to the amount of benefitted,property as a result of the installation of this system. Ljungren stated that three (3) lots would be directly benefitted but that the system actually would drain the entire area surrounding the intersection. Trustee O'Mara pointed out that the developer of the area had,failed to complete his responsibility in providing proper roads and drainage as had been promised the residents of the area. He felt it would create considerable opposition -to now expect those people to pay for work that had been neglected at the time of development. It was felt that Mr. Bell's lot is a potential safety hazard as it stands and were it left undeveloped, the Village would be forced to take it over and install some sort of proper but less expensive drainage system. Because a decision could not be reached on the proper distribution of costs, Rupp moved that the matter be referred to the Village Attorney and Village Engineer for further study and report. Berger seconded. Ayes .. all A letter from Mike Mariano, 1836 Livingston Place was read: Mr. Mariano requested that he be allowed to build two (2) homes on Lot 1, Block 4, Maryknoll Addition. He pro- posed to purchase and add to this lot, 10 feet from Lot 17 to give the required frontage on each of the two (2) new lots., The lots would contain only 8,200 square feet each. Mr. Mariano felt that there would still be sufficient area for the building of adequate homes with proper landscaping. It was pointed out that such a breakdown of lot size was not in keeping with the character of the other lots and homes in this Addition as well as failing to meet the minimum area requirement. It was felt that from the viewpoint of providing for sanitation at the-present time and a water system in the future, it would be unwise to allow lots to fall below the 10,000 square foot minimum area requirement except in hardship cases. O'Mara moved, Schmid seconded that the request to subdivide the lot be denied. Ayes — all Mr. Ray McLevish, 553 No. Avon, St. Paul, inquired whether it would be possible to secure a building permit.for Lots 6 and 7, Block 2, Lincoln Park Addition located on Frost Avenue between Chambers and Atlantic Streets. Mr. McLevish hoped at some time in the future to build a commercial type building on the fifty (50) foot frontage contained in these lots. A study of the section maps showed that no additional land is available to be added to the property in question. It was explained that although the Council had no power to bind future governing bodies in such a matter, it is unlikely that a request for a building permit would be denied under the circumstances. Messrs. Bergstrom, Rollus and Treader, representing Northern States Power Company, were present for a discussion on a proposed franchise agreement and also the installation of gas mains and service connections. Following a lengthy discussion on standard type franchise agreements, which.it was found are almost entirely controlled and governed by state laws, this matter was referred to Memmer, Village Attorney, for final discus - sion. and drafting. Mr. Edward Kishel, representing the firm of Bettenberg, Townsend, Stolte and Comb,, Village Sanitary Engineers,was also present and entered the discussion with reference to -gas service connections. The problem involved is the breaking of these connections during sewer construction work and the cost of restoring gas service. It was learned that such work is charged for at the actual cost of.the work which varies from connection to connection. The Northern States representatives assured the Council that all muni- cipalities in their area are served under one policy and that Maplewood will be fairly treated in this matter: They pointed out that a court case is pending which will determine responsibility for the cost of such work and that until a decision is reached there would be no advantage in attempting to reach a settlement. The Northern States Powet Company representatives informed the Council that their Company will absorb the cost of moving gas mains whenever it was determined that the need for such a move existed. It was felt that it would be impractical to attempt to stop any installations that have been promised, but that an arrangement could be made curtailing any future installations until the sanitary sewers have been constructed in areas where no commitments have been made. It was agreed that Mr. Kishel would meet with Northern States Power Company officials and have the power to approve any installation requests which he felt did not interfere with sewer plans or where satisfactory adjustments could be arranged. Any controversial requests are to be referred to the Council for final decision. Mrs: - Peterson requested the Council's advice on the enforcements of State Health Depart- ment regulations which control sanitary conditions in Village taverns. She was author+_ ized to require compliance in any ca.ses,where she felt the regulations justifiable and necessary. These inspections were being made under the provisions of the Village ordin- ance providing for the licensing of sellers of malt liquor and the operators of taverns. Mrs. Peterson also reported encountering difficulty in enforcing health regulations as established for garbage and rubbish pick —up services. One such operator refused to comply with her request to shut the doors covering the waste material picked up. Trustee Rupp agreed to contact the operator to gain his compliance with regulations. Londin, Building Inspector, reported that as a result of the complaint on the health conditions at the home near Bellwood and W. Kenwood Drive, the owner had agreed to rebuild his home and install water and sanitary facilities. Plans for the reconstruction had been submitted following a discussion of the matter between Memmer, Village Attorney and the owner. The Health Department was instructed to prepare a letter informing the owner that he must proceed with his plans within the next ninety (90) days. Londin reported that the North Central Construction Company had started excavating several basements in the James 6th Addition before a road agreement had.been completed and building permits approved. After some difficulty he succeeded in stopping the work. The Company now had made a request for a, refund on_the building permits for which they .applied. The James Investment Company, developers of the area apparently felt the cost of road construction too great and were planning to withdraw from the area. They have failed to return the road undertaking agreement submitted to them. Londin stated that the excavations create a safety hazard in the area and suggested that payment of the refund be withheld until the holes are filled. The.matter was referred to the Village Attorney and Village Engineer for investigation. Londin also reported that in March, 1957, he had written a letter to a Mr. Art Sinn, 2504 Minnehaha, requesting that they complete the exterior of the.home.at this address. When no action was taken, a second letter was directed to Mr. Sinn in May. There still has been no action taken nor any answer to either letter. He requested that some further action be taken by the Council to gain compliance with his earlier requests. The matter was referred to Memmer, Village Attorney, for investigation with the power to act. On the recommendation of Trustee Rupp end Acting Police Chief.Leonard Pepin who inter- viewed and investigated a number of applicants for police officer positions, Luebben moved, Berger seconded that Thomas L. Hagen and Leonard C. Bedell be appointed Police Officers for the Village of Maplewood, effective June 6, 1957• Ayes r all Following a report by the Village Engineer of a dangerous condition which exists at and near a ditch on property owned by Gerald I. Killian, 2200 White Bear Avenue, Berger moved, O'Mara seconded that the following resolution be adopted: y7- 4,773 5 WHEREAS, an investigation of a ditch running through property owned by Gerald I. Killian, 2200 White Bear Avenue, has been made by the Village Engineer, and WHEREAS, his report found that the ditch was of considerable depth, improperly constructed and dangerous particularly to children, who were found playing in the ditch and on the dirt banks above it, and recommended that immediate action be taken. NOW, THEREFORE, BE IT RESOLVED, that the Village Council of Maplewood deems this ditch to be a hazard and a menace to the health, safety and welfare of the com —. munity and the Clerk, with the assistance of the Village Engineer, is hereby instructed to prepare a letter informing Mr. Killian to correct this situation - according to the recommendations of the Village Engineer by.July 1, 1957,.or the work will be ordered done by the Village Council and assessed against the Gerald I. Killian °s property there located. Ayes » all A letter from the Village Engineer, regarding Heckeroth Addition. No. 2, was read. The following points were brought to the Council's attention as a result of the examination of the proposed plat: 1. They recommended a 12 foot drainage easement between Lots 7 and 8, Block 3 to provide drainage-.from Brookview Drive. 2. The 20 foot strip of land proposed to be dedicated for the construction of Sterling Avenue to a full 60 foot width is already a part of a Great Lakes Pipe Line Com- pany easement. It was recommended that the developer provide a letter from this Company agreeing to the use of this land for a street and also agreeing to the re- location of any pipe lines necessary. i i 3. The parcel owned by the Daytons Bluff Methodist Church, although included as a part of the plat, does not show Sterling Avenue dedicated to a full 60 foot width. Luebben moved, Rapp seconded that the recommendations of the Village Engineer be com- municated to Mr., Harold Smith, developer of the property. Ayes - all As instructed at the last meeting of the Council, Memmer, Village Attorney, presented a proposed draft of Ordinance-No. 41, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 14 ENTITLED AN ORDINANCE ESTABLISHING, AMPLIFYING AND REVISING A BUILDING CODE, CREATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR, VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHOR- IZED UNDER TIM COLS HERETOFORE EXISTING AND REPEALING RESOLUTIONS, ORDINANCES OR PARTS THEREOF INCONSISTENT.HEREWITH. Berger moved, Rupp seconded that the ordinance be adopted. Following a short discussion during which it was decided that further study should be made of other possible changes that might well be incorporated in the ordinance, O'Mara moved that the matter be tabled until the next meeting of the Council. Ayes - all Following_ the presentation by the Clerk of the completed applications for licenses for 3.2 malt liquor licenses and tavern licenses in the Village of.Maplewood, Mayor Luebben directed that a public hearing be set for 9 :30 P.M. on June 20, 1957, and the Clerk was instructed to publish notice of the hearing. A letter by James D. Swan, Executive Secretary of the Board of Ramsey County Commissioners, on behalf of Eugene -A. Monick, County Auditor, was read. The letter referred to attempts to organize metropolitan area groups for the purpose of mosquito abatement. It requested that the Council's reactions and the Community's intent be communicated to Joseph E. Dillon, Mayor of'St. Paul and Chairman of the County Board. The Clerk was instructed to direct a letter to Mayor Dillon informing him that the Village of Maplewood is interested in working with the other groups on a mosquito abatement program. Berger moved, O'Mara seconded that the resignation of Thomas Curtin as dog catcher for the Village of Maplewood be accepted and that Howard Eggen.be appointed as new dog catcher with special police powers to enforce the Dog Ordinance. Ayes - all A letter from Edward F. Kishel, member of the Village Planning Commission, with regard to a proposed East Side National Guard Armory, was read. It called attention to the fact that it may be possible to secure this armory for the Village of Maplewood and out- lined the requirements for an armory.location. The Village would provide the site,'with title to belong tb,.,the Minnesota State Armory Building Commission. The Village would also be required to establish a j mill tax levy,to provide funds to help pay off the State's share of bonded indebtedness over a.15 to 16 year period. The Council "felt that it would be a valuable asset to the community and would provide a large public meeting hall at a relatively small_ investment by the Village. Berger moved, Luebben seconded that a, communication be addressed to Ma #or General J. E. Nelson, Adjutant General of. " Minnesota, that the Village is interested in securing the Armory for the Village of Maplewood -and offering to show him available sites. Ayes -- all In view of the fact that the first regular meeting of the Council in July would fall on the 4th.of July, a legal holiday, it was decided to change the meeting date td Monday, July lst, 1957• The Clerk was instructed to properly publicize this change in dates. After a discussion of available models and costs involved, the Clerk was authorized to proceed with the purchase of an air conditioning unit for the Village office. Meeting adjourned at 2:20 A.M. Forrest R. Schmid Clerk June 20, 1957 The regular semi - monthly meeting of the Maplewood Village Council was called to order at 7 :15 P.M. by Mayor.buebben. The other Council members present were: O'Mara, Rupp. Berger and Schmid;.absent: none. Rupp moved, O'Mara seconded that the minutes of the June C, 1957 meeting be accepted as submitted. Ayes •- all Elmer Schlattman, 2830 Keller Parkway, appeared with regard to the basement structure he requested to build on the N.M. corner of Keller Parkway and County.-Road-0. The Building Inspector's report stated that the building plans had..been reviewed and met with his approval. He recommended that a performance bond be provided requiring that the ,superstructure be completed within a specified time limit. Mrs. Morrow.,2810 Keller Parkway, accompanied Mr. Schlattman, and stated her approval of the arrangement as the only adjoining; interested property owner. Mr. Schlattmau agreed to furnish a bond. O'Mara moved, Rupp seconded that-permission be granted to build a basement structure on condition that a performance bond be provided guaranteeing completion of the super- structure within a five (5) year period. Ayes all d.. W. Gmeman, ovaer, of the building In the process. of reconstruction at .1160 Frost Avenue, presented a set of building plans for the approval of.the.Co ncil. The building is In- tended, to be used.by Mrs. Virginia Salisko. 1477 Ripley Street for an organization known as the.St. Paul Singing and Variety Club. Trustee Berger reported that he had contacted references furnished bt Mrs. Kalisko at the last meeting and found that all highly re- commended.the activities.she planned to conduct, Berger and Schmid, to whom the in- vestigation had.been referred, agreed to approvek the project subject to submission of satisfactory.building.plans and the - adoption of regulations governing the project. Mr. Gmeman.stated he also planned.to include in his lease, a clause allowing revocation of the lease in the event of improper conduct. The Village Attorney was instructed to draw up a set of regulations governing the use of public recreation centers. Berger moved., Luebben seconded that the request of Mrs. Rallako and_Mr. Gausman.for the approval _ of building plans for a public recreation center be approved subject to the approval of the Building Inspector and the Piro department Chief. Ayes - all Trustee Rapp reported that he had contacted the owner of the Suburban, Pickup Service and had received assurance that the owner would contact the drivers to insure the waste mat - erial was. covered at all times. Mrs.. Peterson reported that_ln.a recent follows -up, the violation was still being practiced. Rupp agreed to. again. contact the owner. i A letter from the Village Planning Commission was. read which_ report id. on a meeting with Northern States Power Company representatives on the landscaping plan.proposed for the new standby gas plant on Century Avenue. They stated that a.plan.had.been generally agreed upon with Northern States Power Company to prepare a_landsceping.plan.to be sub" matted to the Planning Commission for consideration and.recommendation . t.o the Village Council with wo (2) to.three (3) weeks. The Planning Commission's letter with reference to. an Informal. request. for the rezoning of Blocks 5, 12, 21 and 28 of the Smith and Taylor Addition to. North. St. Paul, by the H. and. Val. J. Rothschild Company was read. The Planning Commission _reiterated. their position as being unfavorable..to spot zoning in view of the recent overall-Village zoning plan. in view of the fact that a*portion.of this area has already-been-zoned commercial for a service station and the fact. that the.area is surrounded by heavily.travelled thorough- fares (White Dear Avenue, Prosperity Road and County Road.B), the Planning Commission, felt this might be favorably considered if it were known. what type.of.comme.rcial. business were planned. It was reported that a small ihopping_eenter was the_intend.ed.use for the area. Luebben moved, Berger seconded that the Planning.Commis.sion!_s report be accepted and that Mr. Membrez, representing the Rothechild.Company, be, informed of the.proper procedure for the rezoning.. of property. The Planning Commissionta report on a request for. permission to secure property for the Installation of a trailer court by Mr. and Mrs. Gust Sarrack,...former owners of the Gopher State Motel, was read. The Planning.Commission_ reported that, as in the past, they wished to go on record as not favoring permits for additional.._trailer courts, but IJ as being favorable to the construction of good motels in-properly zoned areas. Luebben moved, Rapp seconded that.the report of the.Plannng Commission be accepted. Ayes - all Kendall DeMars presented a petition.for the improvements of Onacrest Drive from Summer Street eOuthL to end in_DeMare 5th Addition, by grading,_ gravel. stabilized.. base, bit=— Inoue surfacing and drainage.construction.. The matter was referred to the Village Engineer for study and report. Earl Ranniger., 1699. English Street, requested that Chambers Street be opened from Lar- penteur Avenue to Ripley Street. A map of the area was consulted and following a dis- cassion of the future plans for the area, Mr. Ranniger was advised-to secure and.prepare a proper petition requesting the improvement of this street. A petition was received requesting the vacation of the following.named.streets aril alleys: ALLEYS 1, The Westerly 296.78 feet, of that alley lying between_ Third. Avenue and Fourth Avenue and East of Hazel Avenue. 2. The Westerly 296678 feet, of that alley lying between Third Avenue.and Second Avenue and East of Hazel Avenue. 3. All of that alley lying between Second Avenue and First Avenue and between Hazel Avenue and German Street 4. The Easterly 229.70 feet, of that alley lying. between First Avenue and County Road "B" and west of German Street. STILTS 1. The Westerly 296.78 feet, of Third Avenue extending east from. Hazel. Avenue. 2. The Westerly 296.78 feet, of Second Avenue extending east from Hazel Avenue. 3. All of First Avenue lying between Hazel Avenue and_Germaa Street. Demmer, 'Pillage Attorney, explained that this.request is necessary in order to overcome a legal technicality.. In effect these streets and alleys, have already.been.vacated through the approval.of the.plat.known.as Lark.Park. Mayor Inebben set the.hearing for the.vacation for.8t00 P.M. on July 18, 1957, subject to the provision of an.abstractor's certificate of property owners and the required fee. Pursuant to due call. and published and posted notice thereof, the hearing set for 8 F.M. on'this.date to consider the vacation of the.alley in Block.8, King'.s Addition to St. Paul was.declared open.by Mayor Luebben. The Clerk reported that.the petition for the vacation.had. been eigned.by a.majority of the owners of property.abutting.this_ alley, an abstractor19 certificate provided and the proper fee paid. Mayor;Luebben.called for objections to the.granting..of this petition. Hearing,none.,.Papp moved,.Be.rger seconded that the following. resolution be sAoptedt .1 7 VNEMEAS, a petition has been filed. by more. than_ fifty-percent, (50%) of the owners of property abutting. on the.alley. in Block- 8'. King'.s. Addition- to, St.. Paul,.. Ramsey County, Minnesota (This_ alley.1s. between Edgerton and..Jessip Streets from. Kingston Street to Larpenteur.Avenue), and WHHRF►AS, the hearing on. said. petition was preceded_ by two .(2) weeks published and posted.notice, and _ i VEMMS, no one has appeared in opposition. to said. petition, and 1HE17AS, it appears for the best interest of. the pablic that the. above described alley be vacated, NOw,'1HEREFORE, BE IT RESOLVED, by the Village Council.. of the, Village -of Maplewood that the alley -in, Block 8, King's Addition to. St. Paul, Ramsey County,.. Minnesota, be and the same is hereby vacated. Ayes — all Frank J. McGinley, 2044 Prosperity Road, and william LaBelle, 2032 Prosperity Road, presented a petition.requesting the vacation_of.a street.legally.designated as Harris Avenue, from Prosperity.Road to Kennard Street. The petition..was referred to.the Village Engineer and. the.Planning.Commission for examb tion_and_report. Mayor Luebben set a hearing_.for 8 :30 P.M. on Augast_ 1, 1957, subject to the provision of an. abstractor's certificate: and. the required fee. Andrew .Shuster_ appeared. in_ regard to his petition requesting .the..improv.ement. of. streets in Lark Paxk. The Village Engineer_ reported the.estimat.ed -cost of such work to be $32,210.00 for grading,. gravel. stabilized. base, bituminous surfacing, curbing and sod- ding of the boulevards. It was pointed out that. all. of these, streets are only half streets. The owners of property on the opposite side_of.Hazel Street and Fourth Avenue were known.to be.interested in selling lots and it was felt that they should.be willing to bear their share of costs - in the. construction of these. streets. Mr. Shuster reported that he had_.been.willing.to construct Craig Place to it's full width if the.other half street.were made.available to.him at no cost. Re had...attempted to,seca.re the property under this arrangement, but the property owners had insisted that he also pay for the street easement on the east half. He refused to do so. When asked.if he would still be willing to construct the full.street if the other half were made available at no cost to him, he stated he would. Trustee Berger and the Village. Engineer agreed to contact the property owners in_order to secure the east half of Craig Place. Mrs. Gist Sarrack appeared and requested-permission - 'to construct a trailer court at Highway No. 36 and Prosperity Road. The Planning Commission's report read.earlier in the meeting was explained to her and she was told that the Council had.agreed with that group in denying permission for the trailer court. Pursuant to due. call and. published and. posted. notice thereof,, the. hearing. set for 8:30 P.M. on this date to consider the rezoning of all that. part of Lots, 23, 249 25, 269 27, 28 and 29 lying south of County Road B. Block 14, Sabin Ie Addition,. From R -1 Residence District (Single. Welling) to BC Business and_ Commercial, was declared. open by Mayor Luebben. The Clerk pointed out that only three (3) names out of eleven..(11.) property owners listed on the abstractor's certificate appeared.on..the _ petition..requesting the rezoning. Mr. Herman explained that there.were sufficient owners in fact but their ownership had not been_ registered because taxes for 1956 have.not -been paid. A letter received from the Village Engineer noted the attachment of a.letter from Harry S. Bronson, County Engineer, opposing the use of this property for the.purpose of constructing a service station. The County Engineer reviewed the problem the County has encountered on County Road 3-with reference to drainage in this-area.. He felt that even the construc- tion of a new drainage hole in the area would not serve to adequately solve the drainage ,problem, and requested that no action be taken to rezone this property. Mr. Donald Olson, 1397 S. County Road B, acted as spokesman for a group of residents who.opposed the rezon- ing request. Mr. Herman protested that neither the County nor the residents outside the area within 200 feet of the area proposed for rezoning lad any.right to oppose this re-, quest. The Council pointed.out that, althoa.gh.it was obliged under the Zoning Ordinance to set a hearing upon proper petition, it was not obligated to grant.the_reque.st. This was stated to be an example of the type of spot zoning that...the.Zoning.O.rdinance had been designed.to eliminate and a promise had been.made at the.public hearings that such requests would be denied. Berger moved, Schmid.seconded that-the-petition for rezoning be denied. Ayes - all Pursuant to the provisions of an advertisement for bids, properly published.in the official Village NewspaPer, Mayor Luebben declared the meeting.open.at_9:00 P.M. for the. consid,- eration of the bids received on .Street Improvement Project 57 -1. Altho!ugh_the bids were to contain a breakdown .of cost on each individual ..improvement.within.the project, the award was to be made on the basis of low overall total bid. The bidders and their bids were as follows DAME OF BOOR TOTAL BID Park Construction Company $67,324,34 51 - 37th Avenue, N.E., Minneapolis, Minnesota. Carl Bolander and.Sons Company $85,324.34 2933 Pleasant Avenue, South., Minneapolis 8, Minnesota T. A. Schifsky and Sons $61,410.04 361 w. County Road E., St. Paul. 13, Minnesota a. V. Gleason $64,507.42 '2701 Louisiana Avenue, St. Louis Park, Minnesota Fisher Construction Company Farmington, Minnesota $72,493.35 All bids were accompanied by a bid or proposal-bond in.the sum.of'10% of the. amount of the bid except that of T. A. Schifsky and. Sons which:.was_aaccompanie'd_.by a proposal bond for $6,500.00. Luebben moved, Rupp seconded that._the.bids.be referred.to the Village Engineer for tabulation and report at a special.meeting of the Council_to_be held on Wednesday, _June 26, 3.957 at 7:30 P.M. Ayes — all After an examination of plans submitted by the Minnesota Mining.. and-.Manufacturing Company for the construction of a graphic arts building, Luebben moved,. Schmid._ seconded that the plans:be approved. Ayes - all Porsuant to-due call. and published notice. thereof, the hearing..set. for 9: 30.P.M, on this date to.consider applications_ for on... and. off sale non :.intoaicating_malt_liquor license and. tavern._ licenses,.. was. declared open.by.Mayor Luebben._ Kammer, Village Attorney, at- plained- to the applicants. present:,_ the_ difference- between: the present. regulations, under the Village form of government, and the- previous. Township regalat.ions.._.. _ It was_ also noted that _Inspections, such. as- those made -by the Village_ .Poliee,.Fire and Board. of Health Departments,. would - become._&.. part of the procedure under the. new.regUations. The first application...considered: was that..of- Theodore _Zaber for.Labere,_1730 Rice Street. - IAisbben moved,.. Rapp. seconded _ that. the on -.and off sale. licenses__ requested be approved. Ayes all Considered neat was the application of James J. Hocksrt.fo.r on and_off.sale.licenses and a - tavern - license for the Boulevard Nite Club, 1740. Rice. Street.. O.'Mara moved, Berger seconded that the.licenses be.approved subject to the corrections..of several, safety haz- ards noted by the Fire Department. Ayes - all The neat application was that of James J. Casal_ for an off sale- license _for Casal's Grocery, 2259 Minnehaha Avenue. Berger moved,_Rupp seconded.that...the.license _ be granted subject to the ,correction of-safety hazards noted by the_Fire Department. Aye - all The next application was that of Fred Cokely for on. and off.sale licenses for,the Keller Club House,_ Keller Golf Club. Rupp moved., Luebben seconded that the licenses be granted. Ayes - all The neat application_was.that of Marion M. bean for on.and,.off sale and tavern licenses for Man Mountain DeanIs Nite.Spot, 339 Century Avenue. Rupp...moved, Berger seconded that the licenses be granted:subject to the correction of the defects found by the inspecting department. Ayes - all The next application was that. of Fred Deutsch, for on. and._off. sale. license for Fred's Snack Shop, 835 E..County.Line. Rupp.moved, Schmid seconded that_the licenses be granted subject to the correction of defects found by the inspect tug_ departments. Ayes - all The next application was that_ of the Nationa.L..Tea: Company, for an. off sale license. for it's food store at 2720 Stillwater Road. O'Mara..moved, Lnebben seconded that the license be granted. Ayes -all Considered. neat was the application of Melio... J. and... Anthony_ J....Chicone . for on and off sale licenses for Chicon-es_ Bar, 2290 E. Minn.ehaha- Avenue. Berger.. moved,- Inebben seconded that the licause.be granted. Ayes - all " Alvin. J. Meister applied for on and off sale. licensee ...for .the xillcrest_ Inn, 1890 B. Larpentear. Avenge. Schmid- _.moved, .. Lnebben..seeonded...tbat... the.. license be. granted, subject to the. correction of. defects noted. by. the. inspecting, departments. Ayes a all Rath. A.. Hart, operator. of the.. Village. Grocery...and .Botcher._ at. 2612_ R. Righway -No. 61., applied for an -_. off, salee.- .license.- .. Rapp.. _moved,..Berger. seconded-.that. the_ license . be granted. Ayes - all John Watch . applied . for an. off 8&leL license. for John Is . Market, .1351, Frost. Avenue.. . Lnebben moved, . O'Mara seconded that. the license be granted. Ayes -. all Eric- O. Benson applied for an off sale license for Benson! s Grocery, 1350 Frost Avenue. Berger moved, Lu.ebben seconded thatL the license be. granted. Ayes - all James T. and. Diary X. Deaa ..made application for. on. and.. off sake-. licenses and a tavern license for Dean's. Tavern, 19.86 R.icla StIseet. Luebben.. , moved.,.._Rapp..seconded that the licenses_ be granted. Ayes all Donald. V. Qulden_., applied _.1o.r .on., and off . Sale_ l.feenses.. for the. Club Suburban, . 2999 xighway No. 61. Luebbea moved; O'Mara seconded that the.licenses be - granted. T Ayes - all Albert Durow, operator of the Hillcrest Food. Market,..W.1, ^rpenteur. Avenue,. applied for an.. off sale license. Laebben. moved, Rupp seconded. that. the license be granted. Ayes - all A. W. Magnuson .applied. for an off sale license for. Art's Grocery, 2627 White, Bear Avenue. Rapp moved, 0.'Mara. seconded.. that the license be granted. Ares - all Early Pierson. made application. for an_. off sale. licenee..for Frost. Meats, 11.64 Frost Avenue. O'Mara moved.,.Rmpp seconded that the license be granted. Ages_ - all 0,arlee Jean Saxe applied f or licenses for .the.. Scandan^vian: Club., .1682. Rice Street. Because the Club is open only on certain days of the week, some of the inspectors had-been unable to gain access to the premises. O'Mara moved, Berger seconded that the operators be re- quested to appear at .the July.l, 1957 meeting of the Council and be required to open the _ premises to the inspecting departments. Ayes. -- all Merlin Rajnier, 982 E. Ivy Avenue, St. Paul, requested a builiiing permit for the Ni of Lot 6, Castle Acres. Although the road easement has been. ded.i.cated, . the street has been constructed only up to the lot adjoining his lot. It was explained:. that a building permit could be issued if, he wound be. willing to :e:onclude .an agreement with the Village waiving his right to road maintenance and agreeing to pay any assessments levied for the construc- tion of a road at such, time as: the Village decide®, to. coastract it. Ze' indicated his willingness to siga such: an agreement. Berger moved, Lmebben seconded-that-his request be granted. oub jest to. the siga,ing of the agreement. and. the Building Inspector's approval of his building plans. Ayes - all Robert Sander, a representative of Juran and Moody, appeared before the Council to explain several methods of . financing the current street improvement program._ _ Mr. Sander was in- .stracted to. prepare the, naces,sary papers_ .for .the Council! a consideration at the . special meeting to be held at 7:30 Y.M. on W'ednewlay, June 269 1957. The Village. Engineer discussed, the street maintenance program for. the. Village and requested the Council's decision with regard to the seal coating of streets. It was decided to- place the major. effort on streets north of Highway No. 36 and. west .of. Highv No. 61, where no sanitary sewer constmetion,. is. anticipate&&: in:. the near fatu.re... In areas ithere sewer installation will be completed soon, maintenance As to be kept to an absolute minim. I+jungren, . Village Engineer, reported on the petition referred to. him requesting the improvement . of English. Street north of Highway: No. , 36. : The .letter staate4 that the petition had been examined, the site visited hnd the UWrovemen:t found to be feasible from an engineering standpoint.. This preliminary study showed an estimated cost of $6,875.40. In a contact with the. Minnesota Highway Department for an entrance permit, they in- dicated it would be favorably considered. The Engineer recommended, however, that action on, the report . be. withheld. umtll. the_ Engineer.. and.. council.. have had an opportunity to discuss the primary street system and the new: state gas tax Xaw. The Villages Engineer presented. Change Order No. 1 for the Conway Avenue project showing contractors charges for additional grading and culvert installation. in the amount of $704.18. Engineering. fees for the change amounted. to $203.00.. The change was requested by Minnesota Mining. and. Manufacturing: Company. and by agreement, with. them the* eharges are to be paid directly by that Company. Ia9bben. mov. ed, Rapp seconded that, the. change order be approved. Ayes -. all A second bill for the placing of grade stakes by Milner Carley and Associates In City Heights Addition. This. charge. in the amount of .$318.40 is to be paid by the Evans Construction Company. It was agreed that both_ this and the above charges are to be collected-by the Village and the contractor and engineer will be paid by the Village. The plat of Toreeth Addition, bounded by Clarence, Price, Birmingham ._and. Sophia. Streets, was discussed. It . was brought to the Council'.s attention that at some previous date, road easements for 33 feet were obtained. on Price and Clarence Streets from this property owner while only 30 feet was obtained from those on. the other_ sides of these streets. They have requested the return. of the extra 3 foot easement. Memmer, Village Attorney, advised that_. it would ... be a costly. and__iavolved. leagal-pr_Qblem to return.: the property. He agreed. that- it would _be. proper to allow the. property owners. to._ use the 30 foot point as, the property line for purposes. of setting. building- lines. with_, the.,. additional. three (3) foot easement... to- remain -. &..matter of record. but. umsed.. -for.. ,street purposes. A short disc€ission_ was. held_ on- the revision to the Building.,Code. which_.involved. changing the present 800 square ..foot.. minimum. Tor a. single. story dwelling.,.- cont_aixiing...four. (4) rooms or less_ to 900 square feet and. chmgiug . the present-800 esgnarw foot minim m.._for single. story dwellings. . con: taro #ng - more_ than_ five_ (5) rooms or more. to 960 square. feet. 0 $Mara moved,. Berger seconded that. .the . following. ordinance be adopted. ORDINANCE N0, 41 AN ORDIVANCE AMENDING ORDINANCE NO,. 14. ENTITLED AN ORDINANCE. ESTABLISHING, AMPLIFYING AND REVISING A BUIWIN'G 0013, CHRATING AND. CONTINUING THE OFFICE OF BUILDING INSPECTOR,, VALIDATING ALL. PERMITS ISSUED. AND .CONSTRUCTION AMMORIZED UN= THE COII MMTOF01M EXISTING AND REIT L.ING RESOLUTIONS, ORDINANCES OR PART'S TREREOF INCONSISTENT HERMWITH. Ayes - all A letter was read.. from Edward. F. Kishel, Bettenburg,_ Tovneend.- Stolte and. Oomb, sanitary sewer engineers, -with: regard.. to the placement., of gas... mains .on_ .Conway. Avenue by the Northern States Power.. Company as reviewed by him. They had-requested,,. pe�rmi.ss.ion, . to place . the line 22. feet north of.. :the..: south. road. easement ..line.. I B.ecause._ a private sewer line rwaIng .elenr.e (11). feet south. of the.., proposed:. main. serves the Minnesota. Mining _property, this was felt. to be a satisfactory. arrangement., - in view. of.. the fact.. that there would be no conflict. In discussion with the _Village Eng .user, Mr... Kiehel -learned..that the road contractor was in. the process. of laying the:,rub -base. course. and.. wool.d.-not. allow it to be broken. He stated than this would.. require.=. a Council_. deck #on:.relat:isg_t.o_, street, constme— tion- rather. tbaa... a,- sanitary. sewer problem __In_ light... of . these special.. circumstances, Lj gren, Village - Engineer,. reported that he... hard_ #daced. the.Northern States.. Power Company to Install .the gea _main in. , the north. ditch. in. placa.. of the originally proposed location. O'Xara.moved,..- Rope. seconded.-that...-the. Village... Engineerts., reekommendat.ion.b.-e accepted. . Ayes .. all r A letter from the: Kohlmann,._.Gerva s, Keller Lake_.._ Improvement._. As.so.ci&t.io�,..-:regneste4 that the Village.: direct a.. req est_ to.. the State Board...of _ Health_ . for.. a _.regular.. inepect.ion of the Phillipville . Trailer. Court which. they _believe. s. responsible. far . draining sewage into Koh3mann_ .Lake. 'Phis sewage is- _felt to be. responsible. for the.. farmto.lom. of algae in the Kuhlmann, Keller: and.. Gervais. Lakes.. In view . of the close vatch...be:iag. maintained.. by the Village Board of Health in this situation, . the accuracy. of . this., situation.. was.- _felt to be unlikely. The matter was referred. to_ Memmer, Village Attorney, for action. A second letter from Edward.-F. Kishel was read._ He explained ..thst. n his meeting with Mr. Kellos and. Mr. Freemu . of.. Northeera.. States Power. Company. ,on-the. installation cf gas mains in the East County Line. area adjacent. to.. Highway. To.. _,212,..._no....satisfactory agreement could be reached.. on the proposed_Battelmy Lane. and....Sterling_ Avenne. extensions.. It was pointed out that. both: are only 1/2 width streets Mr. Kishel. suggested that. the Council take action to secure_ the additional.. street easements. It was noted that the Bartelmy Lane .situation. is complicated by the. Great Lakes Pipe._ Line Company .easement now located in that street. This matter was laid over for further. dis.ciussion at. a later meeting. Lmebben a#oved,_Rupp seconded. that the Village. Engineer be instructed to.. secure the easement on Sterling Avenue from Magnolia to Harvester,. Ayes - all i Another letter. from Mr. Kishel. pointed out that, a, similar,sift ation exists on Sixth Avenue, also known as Cope Street, between Sirmingbam-and Barclaq Streets.. Again only 1 a half width sheet has been dedicated at this location. 0114ara moved,, Luebben seconded that the Village Mngineer be Instructed to secure the additional easement. reqmIred, Ayes - all A- brief discussion. was held on the., request of the Building Inspector that Mr. Willis Anderson, who Is In process of In-stalling plumbing for his. extension-of the Gladstone Trailer Court, that cast iron pipe be used, In place of. clay the in an. underground In- stallation. The Building Inspector, who was- not present. during- this discussion, had indicated that an air test could not .be need if the clay tile were Installed, Memmer, Village Attorney, stated that he could find no requirement for .cast Iron pipe and Moritz, Street Foreman, state&, that the clay tile. had been, allowed In-all . other such Installations,.. The Council, agreed to deny the Building, Inspecterf.s request,, Meeting adjourned at 12t50 A.M. Torrest R. S chmid-J Vill" Clerk Tune 269 1957 A. special meeting of the Village Council was called to order at 7:55 P.M. by Mayor Luebbeno Members present were Luebben, O$Ykra and Berger* Absent were Schmid & Rupp* -A letter from 141ner We Carley & Associates was read giving the tabulation of bids on Street Improvement Project #57-1• The letter stated that Tames Investment Coo had informed the engineer that they do not wish to proceed with Tames 6th Add.. at this time. However, they have agreed to pay all costs incurred by the Village such as engineering, legal, eta* Also$ no definite commitment has been made by 14r. Kroiss regarding Kroiss Addition* It is the engineer's recommendation that the contract be awarded to T. As Schifsky & Sons as low bidder and that a change order be issued deleting Tames 6th Add* and possibly Kroisa Addition* Wo Schifsky will accept any portion of the e-project the Council sees fit to award. Berger moved to award the contract to Schifsky. After considerable discussion with Mar. Kroiss, W. Berger suggested that the whole thing be tabled until the next regular meeting,, Tames Olson appeared on behalf of Turan & ,Moody in regard to the issuance of the $96.000100 Street Improvement Bonds of 1957& The Council decided to hold this matter over until the next regular meetings The Village Engineer presented' a letter .of report on Del&rs 5th Addition* A copy of the letter is to be sent by the clerk to 1&. DeFlarse The total preliminary cost estimate is $9s443&5os $2,96000 of this amount would be for street grading and gravel base constructions' $10060900 is the amount set for storm sewer draining Ona:crest Curve into common manhole between DePhrs 5th Add* and City Heights Add. One- half the cost of a common storm, sewer between DeMrs 5th Add. and City Heights would. amount to $1,s065*00o Bituminous surfacing,, curb, seal coat and boulevard sodding would be-`$3,500 «00 and engineering, legal, overhead, continge etc, would amount to $858.50. Ljundgren suggested that a . bond equal to lJ, times the estimate for the street grading gravel base, and storm sewer construction be posted. This bond would be in the amount I f $8400.00. A second bond should be posted equal to 1J times the estimate for bituminous surfacing, curbing, and boulevard sodding which would be $5775.00. The first bond could then be released as soon as the grading operations were completed and the second one retained until the project was completed, Ljundgnen also presented Change Order #1 on Little's 2nd Addition. The total additions will be $3,159.63 and the total deductions $19096067 leaving the net addition at $29062„96. The clerk was instructed to write a letter to Suburban Pick -Up and request them to be present at the next regular meeting of the Council. O'Mara moved, Berger seconded that 25 street signs be ordered for the main entrances to the Village. .,Ayes e► all Mace Ybritz,. and the clerk1s office are to get permission from the state and county to place the street signs where they are needed on state and county roads. Ljundgren opened & 16ngthy discussion on the street State Aid Program. The streets suggested _to be included in,the Program are as follows: Conway •» 1 mile; Bbryland -A mile; Sterling «. 2 miles ;. Frost • 2 miles; English .. 2 miles ;; County Road B -» 1J miles and. if County Road B is'not acceptable White Bear Ave. North of 36 - 1J miles. Fbeting adjourned at 11 :30 P.Me Dorothy M. " Re jny 01/ of Deputy Clerk July 19 1957 The regular semi-monthly-meeting of the Maplewood Village Council was called to order at 7:15 P.M. by Mayor Luebben. Other Council members present were, O'Mara, Rupp and Schmid; Absent: Berger. Rupp moved, O'Mara seconded that the minutes of the regular meeting of June 20,, 1957 be accepted as submitted. Ayes - all There being no additions or corrections to the minutes of the special meeting held June 26, 1957, Mayor Lgebb en declared that they stand approved as submitted. James G tZman, 14,89 Sherren Street, presented 'a petition .from residents of the Moritz Addition requesting that the Village Council complete Sherren Street and other streets in the Addition at the earliest possible date and that the area be omitted from sanitary serer installation plans at the present time. It was explained that all streets in the proposed sanitary sewer installation areas were left out of current construction plans to avoid the added cost of street resurfacing for the residents of those areas when the installation is made., The Council pointed out that although the need for sewers may not exist today, on the basis of past experience, they - would be needed within several years, By simply providing passible streets now, the money provided by the developer could later be used for the final surfacing after the install6.tion was completed and this out the sewer construction cost. 'It was suggested that the gravel base could be provided and dust coated. The matter was to be discussed with the Pillage Engineer before a ffftal decision gas reached. The group present was promised a report , on that decision. Elmer Poppert, 743 Bartelmy Lane, requested information on the streets in Minnehaha High- lands. , The same, explanation was given, Mr. Popperrt. It was further explained that the contract to be let for street improvements under Project 57-1 included plans for provid- ing a gravel stabilized base and dust coating for the streets in this area, with the final surfacing to be completed after sanitary,sewer installation is completed. Harold Saxe, husband of Carlee Wean Sake, applicant for an on and off -sale 3.2 non- Intoxt- eating malt liquor license and a tavern license, appeared before the Council r in response to their request. The Police and Tire Departments reported the need for some corrective work. The Health Department also found several items to be corrected. It was also re.- queeted that the outdoor public address system in use be discontinued. Mr. Sake agreed to make the necessary corrections. O'Mara moved, Zapp seconded that the licenses.be granted, subject to the correction of the. defects noted,, for the Scendanavian Night Club, 1682 Rice Street. I Aye s all Alvin Apmann, 935 Kennard Street, St. Paul,, reported his .ownership of several lots ft the Mary1noll Addition which have the judicial.. ditch rmning throe gh them. 8e proposed that-.. the ditch be properly sloped to eliminate-it's present hazardous condition.. L jungren, Village Engineer, advised that plans were underway to clean the ditch. He also stated that the proposal would serve - to improve the situation. It was pointed out that a drainage easement would be necessary in such. a, case, she matter was referred to the village Eng- ineer for Further information., study and recommendation. L. E. Almgaist, 1140 Lealdad Road, .owns a lot 198 x 132 feet. He request.ed.pormissiotL to sell a portion of the lot which could not exceed 65 feet because of the placement of his house. Trustee O'Mara explained that the Building Code does not permit the Council to approve the sub - division of existing lots into below minimum frontage lots. To do so would be a violation and could be challenged by anyone who might disagree with the action. Mayor Luebben also pointed out that to allow the breaking up of larger lots would set a dangerous precedent. The request was denied. Mr. Almquist also. reported that water draining down, Lealaad Road toward Duluth Street, the culvert at that point is apparently .inadequate to handle the flow. The matter was - referred to the Village Engineer for investigation. and report. Mr. Larson; owner of Suburban Pick -map Service appeared before the Council in response to the Councilse request. Mr. Larson reported that, contrary to the information furnished the Council, he had instructed his drivers to warn his customers not to burn their garbage. The open doors on the track body were also mentioned. Mr. Larson stated that his drivers had been instructed properly and he felt that they had been doing a satisfactory job in this respect. He was informed that he should make certain that the violations of the Health Ordinance were corrected immediately which he agreed to do. Harold Munkholm,.803 Mary Street, representing.a group of neighbors, requested an anti- cipated completion, date of street improvement Mork in Minnehaha Highlands. It was ex- plained that. the streets involved are to receive a gravel stabilized..base and dust coat- ing as a part of Street Improvement Project 57-1. A lengthy discussion was held with George Zacho, . Stillwater . Cut.o:ff, with regard to the provision of certain road easements.. Mr..Zacho expressed his willingness. to provide any easements the Village needed but explained that the land involved was the subject of litigation and his rights to grant such easements of doubtful status. The matter was referred to Memmer, Village Attorney, in an attempt to find a solution to the problem. Norman Lovick, 1863 E. Larpenteur and Robert Lawrence, 1715 Larpenteu.r Avenue, asked If they and other neighbors could obtain permission to hookup to an existing sanitary sewer recently installed on the city side of Larpen.teur Avenue. It was explained that this method of providing service for such areas will be used when construction is antho -- razed, however, arrangements have not yet been completed for the Village sewer connection. Such permission is anticipated in the near future and a definite answer could then be given to their question. Andrew Shuster appeared with regard to the completion of streets in his Lark Park develop- ment. He requested that : constmetion be undertaken on Hazel Street, Pourth Avenue and German Street on a strict assessment basis and that Craig Place be eliminated from the plans. He was advised to prepare and present a new petition including only those streets he desired to have completed. Mr. Shuster advised the Council that the homes proposed for construction in Lark Park are all below the new minimum area requirement of Ordinance No. 41 adopted at the June 20, 1957 meeting of the Council. He asked if he would be,required to change the plans after having secured the approval of the government financing agencies. Resub- mission would require considerable time and additional expense. The Council assured him that the intent of the ordinance was not to penalize such projects and that-an adjustment in the effective date would be made in such cases. Messers. Bergstrom and Preeman, representing Northern States Power Company, requested that the Council consider and approve several main extensions in the East County Line area for which approval had been withheld by the Sanitary Sewer Engineer. The streets In question were Bartelmy Lane and Sterling Avenue. They were told that the necessary easements on these streets had not been secured and that approval would have to be with- held until proper easements were arranged by the Village Engineer and Village Attorney. Mrs. Peterson reported having sent a certified letter to a family on McKnight Road requesting that they clean up - their property. She had not received acknowledgement of the letter from the owners or postoffice. The Village Attorney advised that another letter be drawn up and served by the constable. If the family then made no attempt to correct the situation, a complaint could be filed with the Justice of the Peace. The Council was advised that the excavator for the Carvers Lake School water system was not a licensed contractor in the Village. The Council stated the policy to be to el.low permit fees to be waived but that licensed contractors must perform the work. The Village Attorney advised the Clerk to write a letter to the legal_firm of Bundlie, Kelley and Maun informing them of the situation. Londin, Building Inspector, requested clarification of his right to require more sub- stantial building material in the construction of homes by the North Central Construction Company. He had been advised that they planned to use 3/8 inch sheet rock for interior walls, which he felt inadequate. He pointed out that the Building Code requires plaster- ing but does not cover sheet rock. The Council felt that a substitution should be allowed but that it should be of equivalent quality. Londin was instructed to inform the con- tractor that he must use 1/2 inch sheet rock or plaster. A request received by the ,Clerk's Office from a J. Bergstrom on McKnight Road to sub. divide a 120 foot lot into two (2) 60 foot lots was referred to the Building Inspector for investigation and report. Memmer, Village Attorney, reported that he had prepared the performance bond for Mr. Schlattman, 2830 Keller Parkway, guaranteeing the completion of a basement home within five (5) years. The bond was reported signed by the required bondsmen and filed with the Clerk's Office. Memmer, Village Attorney, reported the preparation of an amendment to the-Building Code ordinance providing for the waiving of permit fees for nonprofit, charitable corpora tions, churches and schools. O'Mara moved, Rupp seconded that the following ordinance -be adopted: ORDINANCE No. 42 AN ORDINANCE AMENDING ORDINANCE NO. 14 ENTITLED "AN ORDINANCE ESTABLISHING, AMPLMING AND REVISING THE BUILDING CODE; CREATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR; VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHORIZED UNDER" THE CODE HERETO- FORE EXISTING AND REPEALING RESOLUTIONS, ORDINANCES OR PARTS THEREOF INCONS ISTM4T HEREWITH. Ayes - all Demmer, Village Attorney, reported completion of the Public Recreation Center ordinance and read it to the Council. The ordinance established a license fee subject to revoca- tion if violations of regulations established by the Council occurred, and provided for inspections by Village departments charged with health and safety of the residents. Luebben moved, O'Mara seconded that the following ordinance be adopted: ORDINANCE No. 43 -AN ORDINANCE RELATING TO PRIVATELY OWED AND OPEP iTED 13CREAT ION CENTERS, CLU33S AND SCHOOLS, PROVIDING FOR THE LICENSING THEIMOF, AND PROVIDING PENALTIES FOR VIOLATIONS. Ayes -- all Luebben moved, Schmid. seconded that Sue Stromberg be appointed Deputy Treasurer for the Village of Maplewood effective July 10 1957• Ayes - all The Clark presented a petition, accompanied by an abstractors certificate of property owners and the required fee, requesting the vacation of the alleys in Blocks 1 and 2, Sabin Addition to Gladstone. Mayor Luebben set the hearing on the petition for 9 :00 P.M. on August 1, 1957. The Clerk was instructed to publish proper notice of the hearing. A request was received by letter from the St. Paul East Parks Lions Club for permission to - operate a bingo concession at the Ramsey County Fair from .July 25, 1957 through July 28, 1957. Luebben moved, Rupp seconded that the permit be granted. Ayes - all A question was raised by the Village Police with regard to the prohibition of the use of motor boats on Wakefield Lake. Memmer, Village Attorney, doubted the authority of the Village to accomplish this. He advised instead that the Police use their power to regulate the speedl.and.,manner in which the boats are operated. A letter from the Village Engineer reported on the investigation of the request for vacation of Harris Avenue. The letter pointed out that the right -of -toy as it exists is higher than surrounding property and is being used by the Great Lakes Pipeline Company, Because of the difficulties involved in establishing a road at this point, the Village Engineer suggested that an attempt be made to find another access road for the area -east of Prosperity Road. Luebben moved, Rapp seconded that the matter be referred to the Planning Commission and discussed with the Fire Department. Ayes 4- all Another letter from the Village Engineer gave the following retabulation of bids sub- mitted for Street Improvement Project 57 -1, deleting, on Council instructions, those sections dealing with Cope Street and the streets in James 6th Addition. MANE OF B IDDBR T. A. Schifsky and Sons J. V. Gleason Fischer Construction Company Carl Bolander and Sons Park Construction Company W -! ij a • :rya $52,'008.O4 $54950i.22 � �1� $5lM1`f5r -(l $739368°44 $104, -658. ol- The Village Engineer reported that Mr. Kroiss had informed him that he plans to proceed with the work in Kroiss Addition and. would post a. bond. covering the. grading, gravel stab- ilized base and.sto"rm sewer construction. It was recommended that the low bid, submitted by T. A. Schifsky and Sons, be accepted. Ljungren, Village Engineer, reported that Mr. Kroiss's bond had been submitted. A question arose as to the bond coverage for the bituminous surfacing. The matter was referred to the Village Engineer and Village Attorney to arrange for an agreement that the first bond would not be released until the second bond for bituminous surfacing had been provided. Rapp moved, Lu.ebben seconded that the following resolution be adopted: WHEREAS, pursuant to an advertisement for bids for Street Improvement Project- 57-19 the bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisements T. A. Schtfsky and sons $5-2, 008.04 J. V. Gleason $540501.21 Fischer Construction Company $579857.7 Carl Bolander and Sons $739368.44 Park Construction Company . $104,658.01 AND WREEBA.S, it appears that T. A. Schifsky and.Sons, 361 W. County Road E, St. Paul, Minnesota, is the lowest responsible bidder, - NOWT THEREFORE, BE IT RESOLVED BY THE VILIIAGE COTMOIL OF MAPLEWO0D. MWESOTA: 1, The Mayor and Clerk are hereby authorized and directed to enter into a contract with T. A. Schifsky and Sons in the name of the Village of Maplewood for the improvements included In the revised Street Improvement Project 57-1 according to the plans and specifications therefor approved by the Village Council and on file in the office of the Village Clerk, 2.- The Village Clerk is hereby authorized and. directed to return forthwith to.all bidders all deposits made with their bids except that of the successful bidder-shall be retained until a contract has been signed. Ayes - all Robert Sander, representing Juran and Moody, presented the revised copies of resolutions relating to the issuance of $96,000,00 worth of street improvement bonds, covering those improvements under Street Improvement Project 57»l which are to be completed on an asses. ement basis and also the Conway Avenue anal Littles 2nd Addition projects. Luebben moved, Rupp seconded the adoption of the following resolution: AE IT SOLVED, by the Village Council of the Village of Maplewood, Minnesota: 1. The Council has hereto fore determined to construct various improvements in the Village consisting of storm sewers, grading stabilising and improving streets in Little's Second Addition, in Monn's Villa and on Conway Avenue, Lake Street, Fourth Avenue and Meyer Street, 2. The Council hereby finds, determines and declares .that although .said proceedings were in whole or in part separately instituted the said improvements. c&A be more economically completed if consolidated and joined.as one project.and.the same shall be and are hereby consolidated and joined as one project to be known as Street Improvement No. 57--1. Ayes - all Lu,ebben moved,.Rupp seconded the adoption. of the following resolution: 3.7, 17 . 51 WRERE,AS, the Village Council has heretofore determined to improve certain streets in the Village,, and has designated such improvements as Street Improvement No. 57 -1, and WHEREAS, the Village Council has.entered into contracts for the construction of said improvement NOW, TAERMEE, BE IT RESOLVED by the Village Council of the Village of Maplewood, -� Minnesota as follows: 1, The Village shall forthwith issue.its negotiable .coupon.general..obligation bonds in the aggregate principal amount of . $96,000.00.10 be, 96 in: number, numbered from 1 to 96', both. inclusive, in the denomination.of $1,000.00 each.,: dat.ed,July 15, 1957, bearing interest from the date of issue until the principal is paid at the rate of three and three-fourths per cent per annum,..plus additional interest on all bonds at the rAte of one and one- fourth percent per annum. from. July 15, 1957 to July 15, 1959, to be represented by a separate.set-of interest coupons, all interest being payable,January 15, 1958 and semi - annually thereafter.on July 15 and January 15 of oach. year. Said bonds shall . mature .serially on . July .15 in the years and amounts as follows: $10,000,00 in each.of the.years 1959 to 1966, both inclusive, and $169000.00 in the year 1967. All bonds maturing in the year 1967 are to be subject to redemption and prior payment at the option of the Village on July 159 1960 and on-any interest payment date thereafter, in inverse order of their numbers. All other bonds. of this issue maturing after July 15, 1962 are to be subject to redemption and prior payment at the option of the Village on July 15, 1962.and,on any interest payment date thereafter, in inverse order of their numbers. Bonds so called for redemp- tion shall be redeemed at par and accrued interest plus a premium of $37.50. Thirty days prior notice of .such redemption shall in each case be given to the bank where said bonds are payable, to Juran and Moody, Inc., 93 E. Sixth Street, St. Paul, Minnesota, and to the last known holder. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. The said bonds shall be payable as to both principal and interest at The American National Bank of Saint Paul, Minnesota. 20 -The bonds and interest coupons shall be in substantially the following forms No. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF X PLEWOOD STIMT TMPRUVMWT BOND OF 1957 $1,000.00 KNOW ALL N3N BY THESE PR'ESEN'TS That the Village of Maplewood, Ramsey County, Minnesota, certifies that it is indebted, and for value received promises to pay to bearer, the sum of ONE THOUSAND DOLLARS on the fifteenth day of July, 19„_,_„_., and to pay interest thereon from the date hereof until the principal is paid, at the rate of three and three-fourths per cent (3 -3/4%) per annum, plus additional interest at the rate of one and one» fourth per cent (1 --1 /4%) per annum from July 15, 1957 to July 15, 1959, all interest being payable on the fifteenth day of Januaxy, 1958 and. semi -- annually thereafter on the fifteenth day of July and the fifteenth day of January in- each year, 'in accordance with and upon presentation. and surrender of, the interest coupons hereto attached, which are in two sets, one representing interest at the rate of three and three - fourths per cent (3« -3/4%) per annum from the date hereof to maturity and the other representing additional interest at the rate of one and ones - fourth per cent (1-►1/ ) ,per annum from July 15, 1957 to July 15, 1959. Both principal and interest are payable at The American National Bank of Saint Paull St. Paul, Minnesota, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All bonds of this issue maturing in the year 1967 are subject to redemption and prior payment at-the option of the Village on July 15, 1960 and on any interest payment date thereafter, in inverse order of their numbers. All other bonds of this issue maturing after July 159 1962 are subject to redemption and prior payment at the option of the Village on July 15, 1962 and on any interest payment date thereafter, in inverse order of their numbers. Bonds so called for redemption shall be redeemed at par and accrued interest, plus a premium of Thirty- seven and 501100 Dollars ($3 7.50) for each bond so called for prepayment. Thirty days prior notice of such redemption shall in each case be #iven by mail to the bank where said bonds are payable and to the last known holder. Holders desiring to receive such notice mast register their naives, addresses and bond numbers with the Village Clerk. This bond is one of an issue in the total principal amount of $96,000.00 of like date and tenor, except as to maturity and redemption privilege, which bond has been issued pursuant to and in full.conformity with the Constitution and laws of the State of Minnesota, for the purpose of providing money for the construction of an improvement heretofore designated as Street Improvement No. 57 -1 of the V *llage and is payable from the Street Improvement ITo, 57--1 Fund of the Village. This bond constitutes a general obligation of the Village, and to provide moneys for the prompt and full. payment of said principal and interest when the same become due the full faith and credit of said Village have been and are hereby irrevocably pledged. IT IS REMY CERTIFEWD AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen, and to be performed precedent to and im. the issurance. of this bond have been done, have happened and have been performed, in regular and .due form, time and manner as required by law and this.bond together with all other debts of the Pillage outstanding on the date hereof and the. date of its actual issuance and delivery, does not exceed any constitutional or statut.ory.limitation of indebtedness. IN FITNESS WHEREOF, the Village of Maplewood, Ramsey County, Minnesota, by its Village Council has caused this bond to be executed in its behalf by the signature of the Mayor and Village Clerk, and the corporate seal to be here mto affixed, and has caused the interest coupons. to be executed and. authenticated by the facsimile signatures of said officers, all as of July 15, 1957. Village Clerk No. (Farm of Coupon) E Mayor On .the fifteenth day of January (July). 19__., the Village_ of Maplewood, Ramsey County, .Minnesota, will pair to bearer. at The American National, Bank, of. Saint Pte., St. Paul, Minnesota, the sum of $18.75 for. interest. then. due on. its Street Improve- - meWt Bond of 1957 No. dated July. 159 1957• Village Clerk _ Mayor (tin all bonds maturing .after July. 15,: 1962. coupons. bearing number .11 and higher shall. also. include the. clause "Unless. the. bond described below is called for earlier redemption. n) 3. The.Village.Clerk is directed to cause said bonds.to be prepared,and.the Mayor and_ Clerk . are authorized and directed to execrate the.. same, , annnd _to affix the Village seal thereto, and.to cause the said -coupons.to be executed and,authenti. cated by the printed, engraved,.or lithographed facsimile signatures of.said officers. 4. The said bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon .. receipt of the purchase price, anal. the. said. purchaser shall not be obliged to see to the proper application of the purchase price„ 5. There is hereby created a special fund to be designated. "Street Improvement No, 57 -1 Fund ", to be held and administered by the Village Treasurer separate and apart from all other funds of the Village. Said fund shall be maintained in the manner herein specified until -all of the bonds herein authorized and. the interest thereon have been fully.. paid. In said fund there shall be. maintained two separate "Sinking Fund. Account!l, respectively. The proceeds of the, sale of the bonds herein authorized, less ace ed,interest received thereon, shall.be credited to the Constmetion Account from which there shall.: be paid . all the costs and expenses of constructing, the. various street improvements heretofore authorized, and the moneys in said account shall be.used,for.no other purposes, provided that if upon completion of the same ' there shall remain any unexpended balance in said Construction Account . such . balance . sha1.1. be: transferred; to the Sinking l+nd Account. There shall be credited to the Sinking Fund.Account all collections of the general taxes and special assessments herein levied, and all accrued interest received upon delivery of said boxids,.and all funds remaining in the Construction -� Account after completion of the improvements. The Sinking Pund. Account shall be used solely to pay principal and.interest on the bonds issued hereunder. 6. To provide moneys for the payment of said. principal.. and interest there is hereby levied upon all of the taxable property in the 'Pillage a direct general annual ad valorem tax, which shall be spread upon the tax rolls and collected with and as part of, other general property taxes in said Village for the years and amounts as follows: YEAR AMOUNT YL+'AR AMOUNT 1957 $5500900 1962 $2200.00 1958 $3800.00 1963 $1800.00 1959 $3400.00 1964 $1400.00 1960 $3000.00 1965 $7400.00 1961 $2700.00 Said tau shall be irrepealable as long as an of said bonds.are outstanding and unpaid, provided that the Village reserves the right and. power to reduce the levies in the manner and to the extent permitted by Section 475.61 (3) M.S.A, 7. It is hereby determined that not less than $96,000.00-of the cost of said improve- ments shall be paid by special assessments to be levied against every assessable lot, piece, and parcel.of land abatting on and.benefited by the said improvements. � The Village hereby covenants and agrees that it will do and perform, as soon as they may be done, all acts and things necessary for the final and...valid levy of such special assessments, and in the event that any such assessments be at any time held Invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken . or to be taken by the Village or this Council or any of the Village s s officers or employees, either in. the making of such assessment or in the performance of any condition precedent thereto, the Village and this Council will forthwith do all such further acts and take all such further proceedings as may be. required by law to make such assessment a valid and binding lied, upon such property. Said assessments shall. be payable in ten (14) equal, consecutive, annual.. installments, the first of said installments to be payable with general taxes for the year 1957,.collectible with such.taxes during the year 1958• To each deferred installment shall be added interest at the rate of six (6) per cent (6%) per annum on all unpaid installments. To_ the first installment shall be added interest on the entire assessment from the date of the resolution levying the assessment until December 31, 1958, 8. The full faith and credit of the 'Pillage is pledged for the payment of the principal -and interest of said bonds. 9,_-The offer of Juran and Moody, Inc. to purchase said bonds at par and accrued interest is hereby accepted. 10. T)ie Village Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information . as he shall require, and to obtain from said Auditor a certificate that said bonds have been entered in the Auditor's Bond Register, and that the tax levy required by _ law has been made. Ayes «- all The Village Engineer presented a petition submitted to him for the improvement of Dion Street from City Heights Drive to Agate Street, Agate Street from City Heights Drive to yarpenteur Avenue and Onacrest Curve from Agate Street to Agate Street by grading, base surfacing and drainage construction by the Northern bands and Realty Company. The petition was referred to the Village Engineer for study and report. A letter was submitted by the Village Engineer with regard to a proposed preliminary drainage plan for the Village. The matter was laid over for action at a future meeting of the Council. Meeting adjourned at 11:45 P.M. ' �2L Forrest R. Schmid Clerk . July 18, 1957 The regular semi &.monthly meeting of the Village Council was called to order at 7 :00 P.M. by Mayor Laebben. Other members of the Council present were: O'Mara, Berger and Schmid; Absent: Rupp. I,uebben moved that the minutes of the July lst meeting be approved as submitted. O'Mara seconded. 1 Ayes- - all Residents of Minnehaha Highlands were present with regard to the streets in that addi. tion. They requested information as to the Council's intention to complete the streets,. It was explained that the roads in Minnehaha Highlands were scheduled for a stabilized gravel base and dust coating this year, with sewers planned for the area next year and the final bituminous coating after the sewer project is completed. They asked what effect the postponing of the completion of these streets would have on their V. A. 'guarantied loans. Memmer, Village Attorney, explained that he had contacted Suburban Homes: and requested that they extend the date for the completion of the roads. He explained that if they re- fused to grant this permission that it would be necessary to complete the roads and when the sewer construction is done, teas° the roads up and re -surface them at additional cost. He felt that the necessary permission to extend the completion date would be granted. Mr. Ben Black, 1733 Gervais Avenue, explained that he had made arrangements to sell some property on Gervais, however, the sale hinges on the Council granting permission to build a basement home on the property for two (2) or more years before completing the super - structure. O'Mara explained that the first requirement is that the property owners adjoining the proposed basement home must agree to the building of that type of a stru•- - cture. It was explained that the Council's policy has been to grant such permission and require a bond to .guarantee the construction of the super -- structure, generally only for a one (1) year period. In some remote cases this has been extended beyond that time. It was suggested that the permission of the property owners be obtained and the matter investigated by the Building Inspector. Ronald Blomquist, John Blomquist Company, appeared in regard to building on a piece of property on the corner of Ferndale and Harvester Avenue, 52 feet wide x 192 feet. This matter was previously- discuss =d at the June 'nth, 1956 meeting at which time permission to live in a garage on the property was denied. Plans have now been submitted for a regulation size home to be built with a 20 foot set .back rather than the normal 30 foot set back required. They asked permission to build this home., Berger reported that the two (2) adjoining property owners, living on their property, objected violently to the construction of the house with this 20 foot set back line. Memmer, Village Attorney, felt that a legal question was involved and that it would not be possible to deny the use of this land on a reasonable basis. He felt the court would rule that permission would have to be granted to build the home if no additional land was available, in spite of the objections of the adjoining property owners. Mr. Blomquist agreed to procure a letter indicating that no additional property was available in this area and would re- appear at the August lot meeting of the Council. Pursuant to due call and published notice thereof, the hearing set for 8 :00 P.M. on this date to consider the vacation of the following streets and alleys was declared open. ALLEY'S: 1. The Westerly 296.78 feet of that alley lying between 3rd Avenue and 4th Avenue and East of Hazel Avenue. 2. The Westerly 296.78 feet of that alley lying between 3rd Avenue and 2nd Avenue and East of Hazel Avenue. 3. All of that alley lying between 2nd. Avenue and lot Avenue and between Hazel Avenue and German Street. 4. The Easterly 229.70 feet of that alley lying between lot Avenue and County Road "B" and West of German Street. STREETS: 1. The Westerly 296.78 feet of 3rd Avenue extending East from Hazel Avenue. 2, The Westerly 296.78 feet of 2nd Avenue extending East from Hazel Avenue. 3. All of lot Avenue lying between Hazel Avenue and German Street. 0!Mara moved that the petition be granted. Berger seconded. Ayes - al l - - Henry Collyard, 1485 Viking Drive, requested information as to what the Engineer had learned in his investigation in the North Glen Addition. Ljungren, Village Engineer, presented a layout of the proposed sanitary sourer, , storm sewer and grading of the drainage easement in the North Glen Addition. Ed Nf shel, Sanitary Sewer Engineer, stated that it was important that the sanitary sewer be constructed prior to the construction of the storm sewer. The timing of this would determine the amount of work and the cost involved in installing the storm sewer.. It was decided to provide a double culvert at Grandview in� order to help the runoff. from the area and eliminate the build -up at this point where the Village Engineer indicated the pipe was under- sized. It was agreed to purchase the culvert and install it within the next two. (2) weeks. This was felt to be an adequate temporary solution to their problem until the sanitary and storm sewer could be provided. Mr. Walker, 365 Western Avenue, appeared before the Council at the request of the Health and Police Departments with regard to dumping on. property at Rice Street and County Road A -2. It was reported that the biggest percentage of the material being dumped there was lumber, which Mayor Luebben pointed out, does not provide good fill. Moritz, Street Foreman, 'stated he felt that it would be a fire hazard acting as a peat bog during dry periods. Mr. Walker stated that he had obtained a permit and a check of the records found that a permit was issued in December of 1956. Request at that time was permission to dump fill dirt in the swamp area.. The Council felt that it was actually of value to the Village in having this swamp filled. However, Mr. Walker was advised to keep the area continuously covered. Jack Paro, St. Paul Dredging Company, appeared in reference to Little's 2nd Addition. Ljvngren, 'Pillage Engineer, .reported that the matter now appeared to be progressing sat- isfactorily. There had been ,irritation in the area and Mr. Phillips of St. Paul Dredging Company was contacted and asked to expedite the completion of this work which is already past the contracted completion date. Due to weather conditions it has been impossible to do a great deal more than they are presently doing. Al Herman requested permission for building permits on the following described property: Lots 5 through 29, Block 14, Sabin's Addition He stated that this is high property adjoining the area of the drainage .ditch in the t riw -angle for which permission to rezone was denied. He was advised to make proper applica- tion for the permits to the Village Office. Ljungren, Village Engineer, reported on his investigation of the possibility of securing easement rights and building a drainage ditch in Judicial Ditch 417. It occurred to him that it might be wise to secure a full 60 foot easement so that both storm sewer and sani- tary sewer could be run through this property. Kishel, Sanitary Engineer, indicated that this would solve a problem for them in draining an area north of the County Home and east of White Bear Avenue. The .Engineer was instructed to obtain the necessary information on this property and turn it over to the Village Attorney for securing the necessary easements. Mr. and Mrs. Gennow presented the final plat ,of Gennow Heights for approval. The Planning Commission and Engineer reported their approval of the preliminary plat on April 18th, 1957 and the Council approved it at that time. The matter was referred to the Village Engineer and Village Attorney to approve the final plat. The Clerk was authorized to sign the plat if the Attorney's and Engineer's reports were faayorable. The Clerk was instructed to direct a letter to the developer of the area across the street from Mr. John. E. Swanson, 1732 E. Lealand Road., advising him to open the ditch, which was closed by him, within fifteen. (15) days or the.Village will send in it's own forces to complete the work and charge it to him. Mrs. Oslund appeared in regard to the playground area on W. Kenwood Drive. She asked that the lot be filled and the weeds cut in the area. Lu.ebben moved that the Engineer be dele- gated, with power to act, to acquire suitable fill earth to raise the playground approxi- mately one (1) foot. Berger seconded.- Aye s .. all Mr. Bergstrom from Northern. States Power Company, : appeared and asked if the easements had been secured on Bartaelmy Lane and Sterling Avenue. It was reported that Mr. George Zacho was prepared to give-the easement. His case in court has been settled and the judge vaca- ted the contract completed by Mr. Zacho previously. It was understood that the easement was to be delivered to the Clerk's office, however, it has not yet been received. The securing of the additional easements was referred to the Village Engine3er and Trustee Berger for investigation. Mr. Blomquist of the John Blomquist Company, presented a copy of a letter from Mrs. Clara A. Glaser on the corner of 2630 Harvester Avenue, adjacent to the property on which his company proposed to,build a home with only ,a 20 foot set, back. The letter stated that she would not sell any property which would enable Blomquist to increase.their frontage. O'Mara moved that the matter be referred to the Planning Commission. Berger seconded. Ayes - all A letter was received from Shuster, Inc., 1992 Nona Place, petitioning that Craig Place be constructed and any property needed to complete said street to a fall 60 foot width be condemned and the costs assessed against the adjoining property owners. Luebben moved, O'Mara seconded that the matter be referred to the Village Engineer for examination and report. Aye s - all A second letter from Shuster, Inc., which involved the petition for the property owners of fifty percent (50%) of that property abutting on 2nd Avenue between Craig Street and German Street was read. He also enclosed a check for twenty ($20.00) dollars to cover the costs. Mayor Luebben declared the hearing of the petition for the vacation of 2nd Street between Craig Street and German Street on August 15th at 8:00 P.M., subject to the proper abstractor's certificate being filed with the Clerk. Mrs. Peterson, Deputy Health Officer,, reported on the Borowske drainfield, 1737 Edgerton Street. The Tovm Board had previously granted permtss ion to put the drainfield in the street easement, however, it was not constructed properly and now drains into a pond in the rear. The Village Attorney was instructed to write Mr. Borowske a letter informing him that he must construct a drainfield conforming to the code on his own property and to clean up the refuse being dumped in the rear of his property. Moritz, Sanitation Inspector, reported that the drainfields in Minnehaha Highlands in some instances were not properly covered. Mr. Deane is the general contractor in this area. The Clerk's office has directed a letter to him and he has been talked: to verbally, however, he refuses to correct the situation. The Village Attorney was instructed to write a. letter to Mr. Deane in an effort to see that the matter is corrected. Londin, Building Inspector, reported on the Bergstrom property on McKnight Road. He advised that it was not advisable to split the property. Luebben moved .that the building inspector's report be accepted.. Berger seconded. Ayes -- all The Northernaire Motel has requested permission to-add an addition to the rear of the motel on Highway #61. Berger moved, O'Mara, seconded that the plans be referred to the Planning Commission. Ayes - all Londin, Building Inspector, brought to the attention of the Council the request for a building permit for a D. M. Sullivan, presently living at 1890 Carroll Avenue, for a house in the process of construction at 2708 Minneh. He requests permission to com- plete the roofing and sheet rock installation in two (2) rooms downstairs-of the house which was originally intended to be a duplex. Construction had been stopped because the house violated the zoning in the area. Londin was instructed by the Council to issue the permit. A letter was read from the Planning Commission with reference to the proposed vacation of Harris Avenue between Prosperity Road. and Kennard Street. The Planning Commission recommended that the street be vacated and consideration be given to providing an alter- nate rout®, if necessary, from the north side of Mr. McGinley's property and south of the Railroad right -of -way, meeting Prosperity Road just south of the present railroad crossing. This matter was to be laid over until the hearing which was reset for August 15th at 8 :30 P.M. The hearing was reset because the abstractor's certificate was not provided until after the date necessary for publication. The Planning Commission met on July 15th, 1957 and considered the landscaping plan sub- mitted by Northern States Power Company. In a letter to the Council they recommended approval of the plan as submitted. Luebben moved, Berger seconded that the Planning .Commission's report be accepted. Ayes - all Ljungren, Village Engineer, reported on the Killian drainage ditch which he had been instructed to slope and.correct prior to July lst. He stated that the work had been done in the manner suggested by the letter from the Council. L jungren, Village Engineer, reported on the streets in the Moritz Addition. The gravel has been put on these streets. He also presented. a, request to the County of Ramsey for the dust coating and sanding of the following streets in Moritz Addition: Sherren Street from Barclay to Hazelwood..: Barclay Street from Sharron to Sixth (also known as Cope). The Village Engineer reported-with regard to the petition submitted for.the construction of Dion Street, Agate Street., Onacrest Curve and Summer Street in City Heights Addition. The total estimated cost-including a ten percent (106) charge for engineering, legal, overhead and contingencies is $449610.62. He proposed that the developer provide bonds in the amount of $32,750.00 to cover the street grading, gravel stabilized base con« struction, storm sewer and etc., and another bond in the amount of $ 28,100.00 to cover the bituminous surfacing, curb, seal coat and boulevard sodding. The first bond could be released as soon as the work it covered was completed and only the second one.held until all street, construction requirements are met. He pointed out.that in July, 1956, Northern Land and Realty Company had paid the Engineer $650.00 for plans establishing street grades for this addition. This amount could be pro-rated to the first set of plans according to the work performed. The Village Engineer had received a complaint from Mr. McCulloug-,h, 1615 Fairview, who lives on the north side of Fairview Street. The water from the street drains down Mr. McOulloughts driveway which serves as a natural spillway for the water. The street is built on the north half of the ri &t -of -way. Luebben asked that the Village Attorney be instructed to secure the necessary drainage easements in the area to correct the situation. A letter from the Village Engineer etas read with regard to the drainage of Holloway Avenue between Howard Avenue and McKnight Road. As a result of complaints, a drainage study was made of the area. It showed conclusively that drainage problems in. this area have been ,caused by a resident of North St. Paul who filled the ditches on. the north side of Holloway Avenue. The storm water, which wda.l.d normally have been carried away by this ditch, is now ponding on the property on the southeast corner of Howard and Holloway and has caused considerable damage to lawns, gardens, otiff. They recommend that action 'be started immediately to require North St. Paul to reopen it's ditches so as to re-- establish natural drainage for this area. O'Mara moved, Luebben seconded that the matter be referred to the Village Attorney. Ayes -- all The Village Engineer presented the 1957 Street Oiling Program for the Village. It in- cluded sweeping, oiling and sanding of the Village Streets. Luebben moved that the street oiling list be certified to the County Engineer. Berger seconded. Ayes - all Berger moved, Luebben seconded that the streets in the Minnehaba Highlax}de Addition be dust coated and sanded. Ayes - all Luebben moved that the Change Order +2 on Conway Avenue be approved. O e 14a.ra seconded. This Change Order was to repair damage done to base in .north ditch on Conway as a result of gas installation and is to -bo charged to Northern States Power Company. Ayes - all Ljungren, Village Engineer, presented the contract and bonds with T. A. Schifsky and Sons for the work involved in the Street Improvement Project #57 -1. The Village Attorney stated that he had checked the contracts and they were in order. A letter accompanying Change Order'.41 for Street Improvement Project 57-1, stated that a large vein of gravel, tooted and found to be suitable for gravel stabilized base, was found on the property in the Kroiss Addition and the Engineer recommended that the Change Order be approved to allow the contractor to use the gravel available on the site, thus saving the cost of buying it from an outside pit and hauling it to the location. Berger moved, Luebben seconded that the Change Order be approved. Ayes, - all A letter was read from Bettenberg, Townsend, Stolte and Comb, written by Ed Kishel, with regard to gas installations-on Phalan Place between Gordon Avenue and Frost Avenue, on Fenton Avenue between Phalan Place and Adele Street and on Frost Avenue east of - Phalan Place. He pointed out that Phalan Place just south of Ripley has a right -of --way only 40 feet wide and Frost Avenue east of Phalan Place is concrete pavement. He stated that if the Lookout Park property were available on Phalern Place, this could then be used.. With regard to the Frost Avenue installation, he requested an additional three (3) or four (4) feet between the gas main and the concrete road for sewer construction: The Northern States Power Company is to be instra.cted to submit a now set of plans in con- formity with the recommendations of the Sanitary Sewer Engineer.. A second letter from Bettenberg, Townsend, Stolte and Comb, by Ed Kishel, pertained to a proposed extension of a gas main on Germain from Fairview to County Roams. "GO'. A half - width street exists in this area and he suggested that a full width easement be obtained before permission can be granted to extend the main. The matter was referred .to the Village Engineer with instructions to . seecure; the necessary easement. The Clerk was instructed to contact .Northwestern Bell Telephone Company requesting info✓ mstion.in regard to uniformity of rates within the Village. A letter from the County Engineer requested approval for asphalt paving on the fallowing streets-, Keller Parkway from East Shore Drive to Highway 01; Minnehaha Street from McKnight Road to Contrry; Stillwater Cut --Off from McKnight Road. to Lakewood Driver; East Shore Drive from City Limits to Larpenteur Avenue and Frost Avenue, from Keller Parkway to White Bear Avenue. Berger moved, Luebben se condegd . that the list be submitted to the Sanitary ,Sewer Engineer and those approved that will not interfere with the sewer construction program, Ayes - all Luebbon "moved., O'Mara, seconded that future street signs purchased be of reflectorized green and silver material. Ayes - all Meeting adjourned at 1:15 A.M. Forrest R. Schmid Clerk August 19 - 1957 The regular semi. - monthly meeting of the Maplewood Village Council was .called to order at 7 :15 P.M. by Mayor Luebben. Other members of the Council.present were: O'Mara, Rapp, Berger and Schmid; Absent: None. Berger. moved, O'Mara seconded. that. the. minutes of. the .J�l.y 18, 1957 meeting be accepted as submitted, Ayes - all appeared, before the Council Mr. Barry T. Gerber,Irepresenting.the Prom . Catering. Company,,, relative to an. application for an on --sale 3.2 non- intoaicating..malt. liquor .license. for a .period -of .one week begin- ning August 13, 1957, at Keller: Golf .Cou.rse .dnring the. St.:Paul. Open Tournament. Mr. Gerber explained that his company holds a similar license in . St.. Paul.. L ebben moved, Rapp seconded that the license be approved, - Ayes-- all Earl Reiniger, 1699 English Street, presented . a petition for the improvement of .Chambers Street north of Larpenteur .Avenue. Mr. Reiniger explained :.that :several .of the property. owners objected to the improvement and refused to sign the petition. It was felt that the signers were owners of more than . 35% of the .property abutting on the proposed street and thus fulfilled the legal requirement for : the submission of the , petition. There was, however, some question as to t3io extent in distance that would be involved in the impr ©ve- ment. Luebben moved, Phyp seconded that the petition be .referred to the Village Engineer for examination and report. Ayes - all Carl Poppenberger presented an insurance. proposal .to .the Council for consideration and explained briefly his recommendations for increased and added coverage for certain phases of the Village insurance program. Howard Overman. and Swen Anderson also appeared with their proposal . for the continuation of .present .'pillage. insurance coverage and also recommended certain. increases for the Council's consideration.. , .After ,a.lengthy discus- sion,, an agreement was reached to continue coverage due to expire on August 70 1957 for a 30 day period. Berger moved, Lmebben seconded that the insurance proposals be sub- mitted to the Village Attorney and Clerk for examination and.recommendmt.ion.at the neat regular meeting. Ayes -- all Al Herman, Hills and Dales Construction Company, requested information as to 'the dis- position of his applications for five (5) building. permits. A report prepared jointly by Londin, Building Inspector and Ii jun,gren, Village Engineer, was read. They recommended approval of permits number 7671 and 7672. Because of drainage problems in connection with County Road "B" and a drainage hole, they recommended that permits numbered 7669, 7670 and 7673 be denied. Because application for the permits had not been made until July 30, 1957, there had been no opportunity to contact the County Engineer with reference to this drain- age problem. Memmer, Village Attorney, advised that this be done and agreed to contact County officials prior to August 15, 1957, at which time he would have a report prepared. Mr. Herman also asked the disposition of the applicat ion of John E. Bloomquist, Inc. 0, for a building permit for property on the corner of Harvester and Ferndale. The Planning Commission's report recommended approval of the requested 20 foot building set -back line. They suggested that a greater set. -back should be used if conditions warranted. They pointed out that the recommendation was made on the basis of hardship and not as.a change In the normal policy of adherence to a 30 foot set -back. Trustee Berger reported that he had been able to overcome the objections of the neighbors and they will accept a suit- able plan with the greatest possible set -back. He recommended the permit be granted sub- ject to his contacting the neighbors on the following day. to discuss. further the proposed building plans. Laebben moved, Rupp seconded that the Planning Commission's report be accepted-subject to the recommendation of Trustee Berger. Ayes - all Robert Borowske, 1737 Edgerton Street, appeared as a result of a letter directed to him by Ramer, 'Pillage Attorney, requiring mediate correction of an improperly operating drainfield on his property. Mrs. Peterson, Deputy Health Officer, . reported that both she and Moritz, Sanitation Inspector, had found the drainfield, designed for a one family dwelling but being used by two families, overflowing into a pond area at the rear of his property and also that refuse was being dumped into this same area. Mr. Borowske stated, that the drainfield had been installed according to regulations and denied that it was overflowing. O'Mara moved, Rapp seconded that the Health and Sanitary Inspectors most with Mr. Borowsks in an atteWt to work out a solution to his problems. Ayes - all Albert M. Herriges, 2502 Stillwater Road, appeared before the Council with reference to the road easement requested by the Village on Sterling Avenue south of Stillwater Road. Trustee Berger and Ljungren, Village Engineer, reported examining the property and re- commended a 17 . foot easement to complete a 50 foot right of way. The purpose of this narrower right-of-way was to help avoid destroying a stand.-of trees growing on the rightw of -way. Upon the suggestion of Trustee 0,'Mara, it was devided to request the full 30 foot easem it in order to provide for long range future planning. The easement is to contain the restriction that the trees would be removed only when it becomes necessary to install utilities other than those presently contemplated and that the property owners will then be properly compensated for loss of the trees, The Village Attorney was instructed to prepare the necessary easements containing.these conditions. Pursuant to due call and published and posted notice thereof, the hearing set for 9:00 i P.M. on this date to consider the petition to'vacate the alleys in Blocks 1 and 2, Sabin Addition to Gladstone, was declared open by Mayor Luebben. The blocks are bounded by Cope Strest,'also known as 6th Avenue, Hazelwood Avenue, 5th Avenue and Birmingham Street. The Clerk. reported the petition and abstractor's certificate to be in proper order. Mayor Luebben called for objections to this vacation. Hearing nonq .,O'Mara moved, Berger seconded that the following resolution be ad pted: 6— *7- ey ._ W MESAS, the owners of more than fifty percent (50111a) of all property abn.tting on the alleys in Blocks 1 and 29 Sabin Addition. tv Gladstone, having, filed a petition i for the vacation of said alleys with the Clerk of the 'Pillage of Maplewood, and MMEAS, the hearing on said petition was preceded by two (2) week's published and posted notice, and - VEHM, no one has appeared in opposition to said petition, and WHUMS, it appears for the best interest of the public that said alleys be vacated, NOW, THEEEPC3M, AE IT RESOLVED by the Village Council of Maplewood that the alleys In Blocks 1 and 2, Sabin Addition to Gladstone (bounded by Cope Street, also known as 6th Avenge, Hazelwood Avenue, 5th Avenue and Birmingham.Street) be and the same are vacated. Ayes - all Mrs. John Helmnick, acting as spokesman for an accompanying. Miss Anna, M. Bartelmy, asked the Couneille intentions.wth regard to a temporary road easement between Harvester Avenue and Stillwater Road.. They had been told that the Village plans to increase the width of the easement and wished to express their objections to such action. The.Council assured them that no such action was contemplated and that should mach, a plan, be considered in the future that the property owners would be properly notified in advance and given an opportunity to voice their objections at that time. Joseph J. Carmody explained that he had moved _a small building. and, a nursery and garden sales business. onto. commercial property. at,_ the. northwest comer of Frost avenue and . Atlantic Street without first.. securing Village p.ermi sion.. _..He further.: stated that he was willing to take whatever steps- were necessary to, seeure: proper, approval of;.his actions and requested approval of. his use of.. this.. property.. He . presented ..a petit ion signed by adjoining property owners stating that : they. had . no objections to.. the.. building ..or business. Rupp moved, Laebben seconded that the request for permit be referred to the Planning Commission for investigation and report. Ayes - all Andrew Shuster asked Information on the status .of -his petition reVesting, the improvement of Craig Place from. Ger ,:.r. Street to Fourth Avenue. When it was reported .that the peti- tion was in order, Berger moved, O'Mara seconded that. the following .resolution be adopted: BE IT RESOLVED BY THE VILLAGE COTMOIL 41P MAPLIMOD, Mn=SOTA: 1. Certain petitions requesting the improvement of Craig Place from German Street. to 4th .Avenuo. and 4th Avenue .from Craig Place to Hazel .Street by grading, gravel base construction, bituminous surfacing, bituminous curbing and boulevard sodding, filed with the Council on ~July 18, 1957, are hereby declared to be signed by the re qui red percentage of owners of property affected there. This . de clarat ion is made in conformity to Minn. State., Sec. 429.035. 2. The petitions are hereby referred to Milner N. Carley and Associates, Village Engineers, and they are instructed to report to'.the Council.with.all convenient speed advising the Council in a preliminary way as to whether the proposed improve - ment is feasible and as to whether it should best be made as proposed or in con-- nection with some -other improvement and the estimated cost of the improvement as recommended. Ayes -p all The Village Engineer, having received the petitions at the last regular meeting, presented letters containing a preliminary report on the improvements. The first letter advised that they had personally visited the site of the Craig Street improvement, found that it is feasible and can be carried out as proposed. They estimated the cost to be $121,750.00. The second letter referred to the improvement of 4th.Avenue between Craig Place and Hazel Street. They personally visited the site and found the improvement feasible and Could best be carried out in combination with the Craig Place improvement.. The estimated cost of this project was reported to be $39325.00• Having heard the Village Engineer's report, L ebben moved, Berger seconded that the following resolution be adopted: 7`�__� WHEN, pursuant to resolution of the Council adopted August 1, 1957, reports have been prepared by Milner W. Carley and Associates, Village Engineers, with reference to the improvement of Craig Place between German Street and 4th Avenue and 4h Avenue between Craig Place and Hazel. Street by grading, gravel base construction, bituminous surfacing, bituminous curbing and. boulevard sodding and this report was received by the Council on August 11 1957, NOW, THEME IM0 BE IT RESOLVED BY THE, VILT AGE COUNCIL OF MAPT VOOD, MINNESOTA: .1. . The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of .the improvements pursuant to Minn. Stats. , Secs. 429.011 to 429.111 (haws 19539 gip. 398, as amended) at an estimated total cost of the improvements of $16,075.00. 2. .A public hearing shall be held on such proposed improvements on the 5th - day of September, 1957, in the Village Hall at 8:00 P.M., and the Clerk shall give published notice of such hearing and improvements as required by law. Ayes » all Mr. Walter P. Beyer, 1940 Atlantic Street, reported that during the construction of the barber shop on-the corner of Frost Avenue and Atlantic Street, trucks delivering fill dirt had broken the culvert in his driveway and the water now drains into his property. A platted alley lies between his property and the barber shop property. Mr. Beyer re- ported that although ho has brought in considerable fill dirt, the situation has not been corrected. The matter was referred to the Village Engineer for investigation and report. Mr. Donald Cottrell, 1160 Barclay Street, reported that he had had a second dry well installed on his property which has not functioned properly. When he called is the contractor who had installed it, the contractor had. said there was nothing wrong with the dry well., used abusive language and had subsequently sent a bill for which he demanded immediate payment for the visit. The Clerk was instructed to contact the contractor and request that he appear before the next meeting of the Council. Mr. Ritt from the Village of Mahtomedi, representing the mosquito abatement subcommittee of the Governor's Advisory Committee, spoke briefly on the proposed five county mosquito abatement program. The Council had previously discussed the program and expressed it's favorable attitude to Mayor.Dillon.in answer to a letter from him. In response to a more recent letter from the Board of County Commissioner's asking the Village of Maplewood's attitude on this program, Berger moved, Luebben. seconded that the following ~I resolution be adopted: ,5-/J, 1� {ry WMAa, it has been proposed that a five county program for mosquito abatement be established, and WEMS, the Board of County Commissioners. of Ramsey County has requested the: attitude of the Village of Maplewood toward this program, NOW* THEISPORE, .BE IT HESOLVED, that the Pillage Council of the Village of Maplewood wishes to express it's favorable attitude. toward the Mosquito Abatement Program and that it strongly urges the Board of County Commissioners to join the other affected counties in this program. Ayes -m all Mayor Luebben introduced LeRoy. Bjornberg, 1719 Flandrau Street, who he had interviewed as a candidate for the position, of Civil Defense Director for the Village of Maplewood. After a discussion of Mr. B jornberg's experience and qualifications, Mayor Luebben re. quested the agreement of the Council with his decision to appoint Mr. Bjornberg. All members favored the appointment. The Clerk was instructed to. notify the proper authorities of the appointment and the Village Attorney was instructed to draft a Civil Defense Ordinance for the. consideration. of the Council. Mrs. Peterson, Deputy Health Officer, requested that a letter sent by her to Mrs. C. 0. Lundquist,, 2010 E. County Road C, be read. The letter stated.that in view of the health situation with regard, to a .trailer home in. which Mrs. Sandquiet .lived, she. was given until August. 1, 1957 to vacate the premises, Mrs. Peterson reported that this had not been done. The Council advised her to issue a violation notice anal settle the matter in Justice of the Peace Court. Mrs. Peterson also presented a petition signed by residents adjoining and .hear the pro- perty of James E. Heaton, 2090 English. Street, complaining. of. the. raisin.g..:of pigs at that address. A letter addressed to the Clerk by Mrs. Hanna Nesky, 2076 X. English Street, complained -of the same situation. Schmid moved, Lmobben_ seconded that the matter be referred to the Village Attorney, with power to act in disposing of the pigs. Ayes -- all Following a favorable report on the building plans for an addition to the Northernaire Motel by the Planning Commission., Luebben moved, O'Mara seconded that the Planning Commission's report be accepted and the plans be approved. Ayes -- all Londin, Building Inspector, reported that a recent inspection of the Godbout property found his progress in completing the building ordered by the Council was not satisfactory. Ldndin was instructed to inform Mr. Godbout that the September 1, 1957 deadline was approaching and that if the building. is not completed, . appropriate action will be started. Ljungren, Village Engineer, reported that the culvert work on Grandview Avenue ordered at the last meeting of the Council had been completed. The Village Engineer was instructed to investigate the possibility of securing the road easement on the north half of Willow Lane from Highway No. 61 to the end. A letter from the Village Engineer referred to numerous complaints received by them re- garding drainage and other unfavorable conditions on Fairview Avenue from Germain Street to Flandrau Street. They recommended that the Council consider initiating action to regrade this street establishing a proper level, relocating the street in it Is proper position and correcting'the drainage. L,jungren reported that the necessary easements had been prepared. Luebben'moved, O'Mara seconded that the Village Engineer be instructed to secure the necessary easements. Ayes -- all Lu.ebben moved, Rupp seconded that the Village. Engineer be instructed to secure the road easements on Germain Street. Ayes - all L jungren reported that he had a request to secure the road easements on Cope Street, also known as 6th Avenue, in order to allow for gas main extentione in that area. Four (4) parcels of property are involved. Rupp moved, Berger seconded that the Village Engineer be instructed to secure the necessary easements.. Ayes .. all L jungren presented Change Order No. 3 to Street Improvement Project #57 -1 for the approval of the Council. The change called for the sodding of the ditch slope on the south side of Viking Drive Service Road in.Kroiss Addition.at a coot of $240.00. Berger moved, Luebben seconded that Change Order No..3 be approved. Ayes - all Ljungren recommended that dust coating of newly graveled streets be done immediately upon completion of the base construction in order to prevent contamination and avoid the higher maintenance costs ,which result from such contamination. Luebben moved, 0 =Mara seconded that the Village Engineer be given authority to order the dust coating of streets following the completion of gravel base construction at the time he deems proper for such work. Ayes ® all Ljungren, Village Engineer, reported the preparation of a list of all street name changes proposed to gain uniformity throughout the Village and to avoid duplications with other municipalities on non - continuous streets. The list was prepared by the 'Pillage Engineer, Trustee Berger and Clerk Schmid. The matter was laid over to the neat meeting of the Council to give other members of the Council an opportunity to-study the suggested,chan.ges. Memmer, Village Attorney, reported that he had written a second letter to developers with street construction agreements, due to expire this Fall, requesting an extension of time. They were making a new attempt to gain the approval of governmental agencies to avoid the duplication of street surfacing that would result from the sanitary sewer work tentatively scheduled for next year. No reply has been received to this second request. Memmer also reported that a letter has been directed to the developer of Minnehaha High- lands with regard to drainfields improperly installed but a reply has not -been received. A letter from Edward Kishel, of the firm of Bettenburg, Townsend, Stolte and Comb, sanitary sewer engineers, with regard to the planned resurfacing of certain County roads within the Village, was read. The letter recommended that. approval.be granted because the streets, all of concrete construction, .would not be damaged during sewer construction. Berger moved, Luebben seconded that the County Engineer be notified.. of the Council's approval of the resurfacing of the following streets: Keller Parkway: from: E. Shore Drive to Hishmy No. 61; E. : Shore Drive from City Limits to. Larpenteur Avenue; Stillwater Cutoff from McKnight Road to Lakewood Avenue; Frost Avenue from Keller:Parkway.to.Wh te.Bear Lake; Minnehaha. Avenue from McKnight Road to Century Avenue. Ayes - all O'Mara moved, Rupp seconded that.the preliminary.plat of.the Torseth Addition be re-. ferred to the Planning Commission and Village Engineer for study and report. Ayes - all Berger moved, Rupp seconded.that the.Clerk be authorized to purchase. a reconditioned multilith machine at an approximate cost of $800.00 if he feels it to .be a satisfactory method after further investigation of this and other duplicating processes. Ayes A all Trustee 0 1Mara reported that several objectionable features of the ,Ramsey County Fair had been brought to his attention. One:.concerned the.sale of. objectionable postcards and the existence of objectionable shows.in the penny arcade. The second concerned the operation of the bingo concession ,for which a permit was sought by and granted to the East Parks Lions Club .but was felt to be conducted by professional operators. O'Mara agreed to compose a letter directed to the Ramsey County Fair Board and to submit it to the Council for approval. Meeting was.adjourned at 1 :15 A.M. Forrest R. Schmid Clerk August .15 � 1957 The regular .semi- monthly ;meeting of the .Maplewood :Village ,G *onc3l was-called-to order at ? :10 P. M. by Mayor Lta..ebb ®n.. Other members. of the Council ,present .were:. , Rapp, Berger and Schmid; absent: O'Mara. LLtebben moved, Berger seconded .that the. minutes of the Augast 1st, 1957 meeting_ be ap- proved as submitted. Ayes -» all Walter Koehnen, 186 Edgerton appeared In .answer .to a complaint filed, against him by Robert Borowske. The complaint referred to. the :perking. of heavy: equipment..on residential property and the use of the property for making repairs, both days and evenings, on the equipment. The complaint also .referred .to :a hausetrailer parked:.on the „property but this was withdrawn by a later letter from Mr. Borowske. Mr. Koebneu pointed out that his property is adjoined by a railroad., a grocery store and has a swamp area at the rear which he is in the process of filling. He explained he. keeps. the equipment on his pro-. party to prevent the stealing.. of batteries and_ other parts, the equipment. - He also stated that. it has ..been. necessary for him-to protect his property from. damage..by care using Kingston Street, an unimproved. road. easement . which.. has .not_ .been. accepted for main- tenance, by the Village, whi.ch..separat.es him. from. the Bo.rowske property. Mrs. Borowske was present but she declined to speak.._ The Council _felt that. no - action was called for at the present time. Any farther.. action. in.. this case L would have . to be taken by the complainant and. decided. in. austiee Court. In - order to correct a drainage problem and.. also. po.$sibly, help_ the_ neighborhood; situation, Luebben. moved, Berger seconded that_ the proper placement .of a calvert. under a driveway and the cleaning _of aL ditch. on. the south side.. of_ Kingston.. Street be referred to the Village Engineer for examination. and -with power to act. Ayes - all LuVerne Schwartz, 201, McClelland. Blvd.., complained._, that.. the... cesspool.. on. his property was Improperly installed. He._ stated.-he. had.. called. the .Villa. go Sanitary Inspector a year ago but had received no. response... The- contractor. bA&L filled_up L the. hole ... that formed from surface drainage. into the. cesspool but, the same. situation. has. recurred and. the cesspool now has a considerable amount .of fill in it, acco.rding_to Mr. Schwartz. *Moritz, Sanitary Inspector, reported that he had responded to the _ call_ but found..no. one. at . home... He felt the problem wax caused by having,. filled the. cesspool with. frozen. ground. which.. had not settled properly., although, the.. cesspool... had, been.. p.roperly..,_Luetalled.. in.. other. respects. It was explained that the Council . can take.,_no.. action- in. indiv.3ftAl. cases but..: can only use. them.. as evidence_ again.et . contractors _when.. there are other... conplaint.s. as well.. In checking-Mr. Schwartz's permit., it was found that Keller. Sanitation, had.._ .made __the.. installa- at ion. Because there._have been numerous _ . complaints. against - _._.this.... compauy, _..Rupp moved, Berger. seconded.. that . a.. representative . of Keller Sanitation be asked -to appear and. show eaase as to why his lieonse should not be revoked. ,Ayes - all Pursuaaat to due call and published and posted notice thereof, the.hearjng..set...for 8.P.M. on, this date to consider the vacation of 2nd. Avenue. from_. German..,.Street.. to. Craig .Place was declared- open by Mayor Iiuebben. Mrs. Myckleby, = German... Street, appeared in op» position to the vacation. She and her _husband . own_.property a j- oln.ing, 2n&. Avenue on the north. She explained that they had planned. to, divide - their. property into _ thre -e . (3) lots facing 2nd Avenue and to build a garage facing.. that_ street_ for their._..own. home.. It was explained to her that by vacating_ the street she_ would. , receive an.. additional thirty (30) feet of property which. would give her sufficient frontage to plat two (2.) lots on Craig Place, in addition to the lot on.which.her home stands, with.less expense for street cona- struction than. it would be to coast:rust 2nd Avenue.- She would also. have the additional thirty (30) L feet to use for a_ driveway from German. StreetLL to a_ garage,, facing .that_ street. The Couneil. ported out that if the street were not vacated or constructed, they could not guarantee her continued use of the road easement for driveway purposes. There being no farther objections to the vacation, Sapp moved, Berger seconded .that the following resolution be adopted: UTEMS, the ownexs of fifty percent (50%) of the property abutting on 2nd Avenue between German Street and_ Craig_ Place have filed . a petition for the vacation of that portion of 2nd Avenue, and _I WMMS , the hearing ox. said Petition was � receded b two 2 . weeks" published and-posted notice, and . %MNAS, the Council has.. heard .the opposition to .said. petition, and AREAS, it appears for the best interest of the pnblie that Bail street be vacated, NOW,, THEMMEE, BE IT IMSOLVED by the Maplewood Village Council that tad Aveave between German Street and Craig Place be sad the same is hereby vacated. Ayes - all Parsuant to due call and published and. posted »otice. thereof, the hearing. set .for 8 :30 P.M. on this date to consider the vacation of Harris Avenue between. Prosperity Road and Xonnard Street, was declared open by Mayor Luebben, Frank McGinley and. William LaBelle appeared in favor of the vacation. Mrs. Larry Schulte and others appeared In opposition to the proposed vacation. The Plaaning Commissionts report was read aad, r000mmeaded that Harris Avenue be vacated and that sae. easement be. obtaised_ adjol ing...the.. Soo Line Railroad property north of the present road for the_ ..conetraction_ of. a full. width Harris Avenue. The Village Engineer also recommended..the vacation of the present_ Harris Avenue in view of the Great hakes Pipe Line easement, a drainage . problem and. the. fact that only a half width street is available.. He also recommended_ relocation of the. ,road.. After consider- able discussion. of the need for a street in. the area .for. use as a. public thoroughfare aad for fire protection purposes, Rapp moved that the matter be laid over and referred to the Village Engineer for further study of the drainage problem . and street. locution. Berger seconded. Ayes - all. Megner, Village Attorney, presented a report covering Village . ineurance coverage and his recommendations as to the adequacy of the area and amount of coverage. Following a di64- cussion, of each policy, the . following changes were made. Rapp moved, Berger seconded that the Comprehensive Liability coverage be increased -to $100,1,000 and $30090000 Ayes w all Berger moved, Rupp seconded that the Public Auto Liability coverage be increased to $1009000 and $300,0000 Ayes - all Berger moved, Rupp seconded that. the Comprehensive Liability Property. Damage coverage be increased to $25,000. Ayes all I,mabben. moved, Berger seconded that. the Fire Insurance coverage. on the Fire Hall and -office building be endorsed to include vazdal.ism and _ malicious. mischief coverage. Ayes - all Rupp moved, Berger seconded that the coverage be continued with the Howard Overman Agency subject to changes as previously ordered lathe policies. Ayes all Donald Cottrell,, 1760 Barclay, appeared with regard to the appearance of Mr. Tolp, cesspool contractor, who was requested to appear at this meeting. It was found that Mr. Tolp was not present. After hearing several reports of Improper cesspool Instal- lations, Rapp moved, Berger seconded that the Clerk's office be instructed to withhold further permits from Mr. Tolp until the situation reported by Mr. Cottrell has been corrected. Ayes a all Mr. R. E. Carey, District Manager for the Suburban District and Mr. Bates, Unit Manager, Northwesters: Bell Telephone Company,. Appeared to• explain.. the rate differential which exists within the Village of Maplewood in response to a letter from the Council.. Mr. Carey explained -that_ it is not unusual. to have such_ a differential within village limits in view of differences in the stages of development. He also stated that plans are under- way to include the East County Line area within the_ base area. as soon as equipment has been received and installed to properly service this area. He est imat_ed that. the work and rate change would be complete by mid -3958. Mr. Dean,. owner and operator of Man Mountain Deant s Tavern., Century Avenue, appeared-to discuss complaints against his business. by Mrs. Erhardt_ S.chroopfer whose home adjoins the tavern property. Mrs. dames Brockman., a daughter of Mrs. Schroepfer, was present on her mothers' and her own behalf. The complaint, for which Village Police were called on several occasions, referred to music played. at the tavern. Pepin, Acting Police Chief, reported that he had answered some of the calls and did not find. the noise excessive. It was pointed out that there are other taverns in the area which' also_ have music and that the nee of the property it consistent with the commercial zoning of the area. Mrs. Brockman admitted that the amount of noise is not abnormal for that type of establishment. Mr. Dean agreed, to keep the music as quiet as possible in order to avoid offense to the horse owners In the area. George Zacho appeared with regard to road easements. It was reported that in giving a road easement on East 7th Street, it was incorrectly recorded to include a portion west of Stillwater Road., also know.' as Highway No, 212. The intent was to give only; the area .east of Highway No. 212. Ljungres, Village. Zngiue.er, ' reported. that a correction can be made by providing a corrected easement. Memmer, Village_ Attorney, advised that a cor- rected easement should be prepared for the portion. needed by the Village . and that a quit claim deed. be prepared for the property west of Highway No. 212.. aand. given. to Mr. Zacho, Mr. Zacho agreed to this arrangement. Memmer was instructed to. carry out the agreement.. The next matter discussed was. the 33 foot road easement ' .needed from._ Mr. Zacho on the west side of Bartelmy Lane. Road construction. had already begun._ but .Mr. Zadho had_ stopped the work. because he felt the road was incorrectly placed entirely on his side of the road. Ljungres explained that_ the part of Bartelmy Lane constraeted_ in,. the past had..been incor- rectly placed on the east 33 feet and he was. nowplacing._the. extension in it t e proper place. Mr. Zacho agreed to give the west 33 feet anal, the necessary slope easements but was not convinced of the correct placement of.. the road. It was decided...that Ljungren would meet with Mr. Zacho the next morning. If. the road. was not correctly placed .he would._ see to the required changes. If correctly placed, Memmer, Village_Attorney, . would. then meet 'with Mr. Zaeho's attorney to arrange for the necessary road and slope easements. Robert Evans, Evans Construction. Company, requested permission to grade a road in City Height's Addition sufficiently wide to allow Northern..States Power Company to extend their gas main and also to excavate for three (3) basements. He promised to have the necessary bonds for the road construction in the Council's bands within. two (2) weeks. Luebben moved, Rupp seconded. that Mr.. Evans be given the requested permission. Ayes - all Alvin Apmaan, 935 Kennard Street, requested further information on his request for a build- ing permit @n property located at Frost and Marykuoll Avenues through..which. runs County Ditch No. 17. Ljungrex,- Village Engineer, reported that. he had.. secured: an original plat of the ditch and had studied the area to determine. the Village's course of action for farther development of the ditch and surrounding area. He recommended that an easement be secured with, 20 feet north of the center -line and 3.0 feet south. of. the center. -line for purposes of running storm and sanitary sewer through._this area. Berger moved, Rupp seconded that Mr.. Apman b e : granted _ a: bu..ilding . permeit ..subject. to the . grant Ing of the . ease. ment recommended.by.the Village..Engineer. Ayes - an Mrs. Peterson, Deputy Health Officer, reported: that. Keller Sanitation had. installed a cesspool which recently. backed V,p .nearly: gassing. the. oeow.pants...: A check..of the: records disclosed that a permit for the installet ion had.- not been: secured. and. consequently ao Inspection had been made to determine that it was improperly placed too near the property line. A violation .notice : was issued. and. the installer ordered . to. report.. to .Justice Court. Bhipp moved, Luebbea seconded that Keller Sazitat.ion.. not , be Issued_ . farther permits until a rep.resentat i re . appears at the meat meeting of..the.. Oouucil . as . previously .ordered. Ayes - all The Piaaam.ing , Commission a.s . report . on . Torseth . Addition.. was:. read. They recommended . approval. Because: only, one., copy of the plat vas available .. the.. Village. Ugineer.. was . unable.. to eomi plete their report. The Plaming . Commission.'s report on the J. J. Carmody property and .:na.rsery business at Frost Avenue. and..Atlantica Street was then read. They recommended_. that_ the. business and building be approved. if. sufficient.. off - street .parking,_.apace is provided. and : if.: the normal building.. ie.t -back. line is maintained. for, setting. out xursery.:. stack. , Inebben , moved, RmpP seconded that the bailding. permit be . referred to. the Paildisg . Inspector . to.. follow. thr on the recommendations, of, the.. Planning, Commission.. Ayes •. all Dondin, Building..Inspeetor, recommended. that:_ all...homes...laailt within; the.. Village In the. future be constructed with cesspools or drain fields_ installed... on the --- street side. He further recommended_ that where_ this.. installat_ion..was .impract.i.eal.. that , a:.capped line be installed: to the street side for, future.. connection. to . sanitary. sewer ,in.. addition. to the regular system. lu,ebben_ moved, . Berger.. seconded. that. the..Villao Attorney. be. Anstru.cted to prepare an amendment. to the. Building Code requiring, .a .system. or, capped line. leading to the side of .the house adjacent to the. street. Ayes - all Mayor Luebben set a special meeting of : the Council for 8S 0.0. P.M. on Tuesday, ..August 209 1957 to discuss the sanAery: sewer ordinance adopted. by. the City. of St. Paul_ granting connections to the village of Maplewood. D jungren, Village :Engineer, report_ed...that the, drainage. problem on -the. Beyer property at Atlantic and Frost has. been corrected. T jungren recomended, . that : a snow plow. be: purchased for the new street department t ruck. Skid moved, Inebben seconded that the Village Engineer. be authorised to prepare specs - f icat ions for a snow .plow for the new street department track with bids to be opened September 5th, 1957. ^A letter from the village . Engineer with . reference to a petition. for. the .improvement of Ide Street from Ripley, Street to a point. 330. feet south was . read. .. The..Englneer reported, a personall visit to the site and- that : the: improvement was.. found: feasible as. proposed. He estimated the cost of a 9 inch gravel . stabilised. base, a 3 , iach. road. mixed .bituminous su.rfaee, .. machine. nixed .bituminous .curb.ing, and..sodding.. of. boulevards at ,$2, PZO.00, re- quiring a bond. for $3075.00. The Clerk was instructed to so inform the developer. Memmer, Village Attorney, reported an answer to his letter requesting an extension of the completion date - for streets in . Minnehaha HICUaads. The Veteran's Administration advised that they would kraut a one (1)_ year extension-.subject to the approval of the individual property owners. Memmer also reported the receipt of a call from the.. Miunehaba _Highlaad-:.dePelopere promising correction of the drainfield p.roblem.brought to. their attention.. _ Moritz, Sanitary. Inspector, was instructed to determine_ . whe.re. , the., violations.. still . occur and..to.. inform, the developer that_ a violation. notice will be issued_ tahich..will_.subject the violator to a. fine of $100.00 for each day,the. violation continues. .A. letter by Memmer, Village Attorney, to Hent.on,.. ovn.ers of the. pig...farm.. ou which the com- plaint r received was. read. Re gave. them 30 days in. which_ -to,, dispose. _of. the. pigs. A letter from. John L. Panay,. _ 2275.6 8e1ler' Parkway,. _complained...of r the. n$e. of. property adjoin - ing. his. as. a picule, area im. violat_ion of. _ the._ zon .ing,.,. regulations. ,.,.for_ _a:. residential _area. The Village. Attorney adviseed.. that. the.. use in question. is a norm - confovmincwuse...vhich was in existence prior to. the adoption of zoning,. regulations. _axed. _is allowed o__con.t a e for that reason. Should. such. use .be interrupted.. then..it. could-.be _ stopped. if- an attempt. were made to revive it. The. Clerk was iustmeted..to. so inform Mr. Fahey. A letter from the Recreation Committee .referred. to the development ..of Joy Park : and. _.recom.- mended that the Village offer to provide a caretaker so that the County 111 - consider rehabs stating the buildings. thereon. A. second recommendation. referred, to a _state higher depart- ment gravel pit adjacent to the new. Highway No. 10. The_CoMmittee aaggest.ect that a letter be sent to the. Commissioner. of. Highways.. regaesting_ that the village -be given..first Oppor- tunity to scents the area for recreationel.. parposes:.when -. Highway- _Department,._wse .is: Qonpleted. The Clerk was instructed to contact,. Harold Goodrich, _ . Chairman.. _of the.. County Board. Recreation► Committee offering to fa.rnish a, caretaker. The Clerk was also _ins.tmeted to write a letter to the Commissioner of Highways._ asking._ for.. first. priority on the. gravel pit. S 7- g - -Y:6- In response to a request from the Board of County Commissioners, Iraebben..moved,. Rupp_. seconded that the following. resolution be adopted: WHEHYAS, it is necessary to eliminate the bridge.-over the tracks of the Soo Line Railroad Company at DeSoto _ Street and Larpentear_. Avenue in order. that. construction of a new bridge. may be ordered, and WEMMS, this_ bridge _be se of -its age and construction....no..longer, sorres the purp.ose:- for which it was . int ended and it is In­ the­ best _ interest of . the Village of Maplewood that. it be eliminat_ed.. -and .replaced... by. a. aocan& modern-structure, IOW, THERZFORE, BE IT HESOLVED by the Council. of the Village, of..Maplewood that they concur with the Board. of 8amsey County Comaiseloners.__in reque.stini.. that the bridgo at DeSoto. Street and Larpenteur .Avenue.. be.. eliminat.ed, at. such. time as provisions are made. for the Construction of ..tag nets bridge on. Larpenteur Avenue. Ayes - all A► letter to Mayor Lnebbea from. the County Engineer_ requested. that.. a_ - Village.:. Council representative be present at a. hearing . om.. the propgs*d. _neV Lar genieur:..Avenue. bridges to be held September 4, 1957• Mayor Lmebben stated that he would attend. A letter from the Board. of County Commissioners requested that the Village.:of Maplewood appoint a member of the Council to . serve on the County Governmental - Siady _Commission* Sebmid nominated Trustee O'Mara,- LuebbeUr seconded. Ayes a all Ix order to expedite.the arrang®ments to correct the road easements.on E. 7th.Street, Schmid, moved,.Luebben seconded that the. following re,solut.loh..be adopted: RESOLVED, that the Mayor and the_ Qlerk are hereby anthori.zed and directed to i execute a quit claim deed to. George T.. 2acho., single, .. of. -the. Tillage_ .of Maplem wood, conveying to him: the , following. described property: The South Thirty -three feet . (S.: 33 ft.) of .that part : of the Northwest. quarter of the Southwest Quarter (N* of SWJ). of-Section 25., .Township 29 North, Range 22 . Weet, lying West of the . center line of Stillwater Road known as State Track Highway : #212,,. according, to the , IInited States Goverament Survey. thereof . on file and . of record in_ .the. office of the Register of Deeds in and for Ramsey Coantyt except that portion thereof included in Registered Land Survey No. 21. since the.Village at the.present time had no need for.the.easement heretofore granted covering said property, which easement was mistakenly included in another. description.. Ayes -- all Berger moved, Luebben seconded that Memmer, Village Attorney, be given authorization to -_proceed with condemnation proceedings. if he is unable to obtain, the necessary easements for Bartelay Lane. Ayes, - all Meeting adjourned at 2 :10 A.M. Porrest R. Schmid Clerk September 5, 1957 The regular semi.-monthly meeting of the Maplewood Village Council was called to order at 7:10 P.M. by Mayor Luebben. Other members of the Council present were: O'Mara, Rupp, Berger and Schmid; absent: none. Berger moved, Luebben seconded that the minutes of the regular meeting; of August 15, 1957 be accepted as submitted. Ayes - all Mrs. Earl Knutson, 1861 W. Kenwood Drive, appeared in opposition to the proposed improve- ment, for neighborhood playground purposes, of a small piece of property owned by the Village. Mrs. Knutson felt that the playground was unnecessary, inadequate and would cause difficulty to nearby property „owners. She suggested that a fence be erected if it was decided to make such use of the property. It was explained that only facilities for small children were planned for this area. The matter was referred to the Village Re- creation Committee. Austin Keller, Keller Sanitation Service, appeared in response to a request of the Council as the result of a complaint made by Laverne Schwartz, 201 McClelland Boulevard, and a report by Mrs. Peterson, Deputy Health Officer, of an improper cesspool installation at another location with the Village. Permits for work within the Village were withheld pending his appearance. Moritz, Sanitary Inspector, reported that he had investigated the Schwartz complaint and found the cesspool. to be properly installed. The difficulty was caused by backfilling the cesspool with plastering sand which was done by the general contractor by agreement. The sand had washed into the cesspool the following spring. It was -Morit z e s conclusion that the general contractor, . not the cesspool installer, was at fault. The Clerk's Office reported that Mr. Keller was frequently tardy in obtaining permits. Mr. Keller agreed to remedy this matter. In view of action of the Justice Court on the complaint of the Health Department, the report of Moritz on the Schwartz complaint and Mr. Keller' s agreement to secure permits prior to beginning cesspool instal- lations; the'Council felt no further action was warranted. Berger.moved, Rupp seconded that Mr. Keller be reinstated and granted permits as a duly licensed contractor. Ayes A all Robert J: LeMire, 2009 Nona Place, representing a group from the area of Rosewood Avenue, Kennard Street and Nona Place, requested that those streets be completed immediately as specified in the undertaking agreement for the Edgeview No. 2 Addition. -The Council explained that street construction had been withheld because building in the area is not complete and it is anticipated that sewer construction will begin in their area next year. It was further explained that the Council planned to construct a gravel base and seal* -coat their streets, holding the rest of the escrow fund to complete the bituminous surfacing following the sewer construction. The sewer construction contract will include plans for the restoration of all Village streets only to a gravel base, seal -- coated condition. If the final street is completed now with the escrow fund, it will be necessary for the rest- - dents to petition the Council to add the bituminous surfacing to their streets on a separate assessment following the sewer construction work. The group present asked that the street work be completed according to the undertaking agreement notwithstanding this explanation.. Berger moved, Rupp seconded that the followin resolution be adopted*. 7 WHEIMS, pursuant to a resolution passed by the Council on July 19 1956, the Village Engineer, Milner W. Carley and Associates, has prepare. plans and specifications for the improvement of Rosewood Avenue, North and South between east line of Kennard Street and east line of Kennard Street and small portion of Kennard Street and Nona Place by grading, gravel base construction and bitum- inous surfacing and has presented such plans and specifications to the Council - for approval, .AND WAS, the following. abutting property owners, who were present and agreed to these conditions, have.requested that the work be performed immediately with the understanding that the streets, following sanitary sewer construction work, will be restored only to an oiled grav 61 base condition and that bituminous Sur- facing will require a petition for the work to be done on an assessment basis against abutting property owners: Charles H. Wold, 2019 Kennard Street Andrew E. Shuster, 1992 Nona Place Mr. and Mrs. August Kiekhofer, 1688 No. Rosewood Avenue Aaron W. Greaves, 1667 So. Rosewood Avenue Earl F. Bondly, 1667 No. Rosewood Avenue Arthur G. Olds, 1681 No. Rosewood Avenue Hugh Boyd, 1686 So. Rosewood Avenue Robert J. and Audrey L. LeMire, 2009 Nona Place Mr. and-Mrs. John M. Burger, 1716 No. Rosewood Avenue Richard A. Jechouk, 1678 No,.-Rosewood Avenus NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF WLEWOOD, MINNESOTA: , 1. Such plans and specifications, a copy of uhich is attached hereto and made a part hereof are hereby approved. 2. The Village Engineer shall proceed under the direction of the Council, as i given from time to time,.to carry on all work in connection with such im- provement in accordance with the . plans and specifications herein approved. Ayes - all Pursuant to due call and published and posted notice, the hearing set , for 8:00 P,M. on this date to consider the following improvement was declared open by Mayor Laebben: Craig Place between Germs- 1treet and 4th Avenue and 4th Avenue between Craig Place and Hazel Avenue by grading, gravel base construction, bituminous surfacing, bituminous curbing and boulevard sodding at an estimated cost of $16,075.00. Mr. Ben Belisle, 2237 German. Street; and Mr. Wesley M. Myckleby, 2227 German Street, appeared in opposition to the improvement.. After some discussion, during which Mr. Shuster, the petitioner, offered to pay the cost of the improvement if the-other abutting property owners would give road easements, it was decided that the three would privately discuss the matter further. The hearing was laid over temporarily. Thomas Fuller, 1050 Pacific, requested permission to build and occupy a basement home on property just west of Carvers Lake. Londin,.Building Inaloector, reported that because the area had no affected adjoining residents, it was not necessary to secure a petition of approval. He recommended approval of the request . subject to the-usual requirements of a performance bond guaranteeing completion of the superstructure .within a specified time. The preparation of an agreement and arrangements for . a performance bond for com- pletion of the superstructure within a two year period were referred to the Village Attorney. Eugene Campbell, 1608 Fairview Avenue, requested the anticipated completion date of drainage and street construction work on Fairview Avenue between Plandrau and ( ®retain Streets. Ljungren, Village Engineer, reported that work could not be started until the necessary drainage easements had been secured and that the easements were in the hands of the property owners involved. Mr. McCullough, 1615 Pairview Avenue, who was princi- pally concerned and had requested correction of the drainage situation, asked for a more detailed explanation of the proposed plans for this work. Pollowiug an, explanation, he and his neighbor agreed to provide the necessary easement. Other residents of the area who were present asked if they were to share in the cost of the drainage . work and re- location of the street which is presently built on the north side of the road. easement. It was explained that those property owners on the south side of the street were given building permits on the basis of an agreement, recorded in the abstract, which provided for the proper construction of the street, on an assessment basis, at such time as the Council decided to order the work.done. The recorded copy of the agreement was in the files of the Village office and was shown to the property owners concerned. Mr. Powell, 2596 Bittersweet Lane, requested the expected_ completion date of roads in the Crestmoor Addition. John. Klune, developer of the addition, was present and had also directed a letter to the Council. His letter requested en extension of the completion date, set for November 1, 1957, in the undertalcing agreement for the construction of Southlawn Drive, Edgeview Road and.Bittersweet bane in the Crestmoor Addition. Although Mr. Klune stated that he wqs. prepared, to perform the work, he felt that in view of the fact that not all home construction was completed and-it-would be necessary to tear up the streets for gas installation to additional homes, a postponement of final road work would result in better streets for the residents. After a discussion and agreement with Mr. Powell and other residents of the area present at the meeting, Luebben moved, Rapp seconded that the Village Council request Mr. Klune, developer of Crestmoor Addition. to -,� stabilize the surface of Southlawn Drive, Edgeview Road and Bittersweet Zane in accordance with the specifications set forth by the Village Engineer and subject to his ispection, the Village will then seal -coat the stabilized base and accept these streets for temporary I maintenance and the performance bond completion date be extended to September 15, 1958. Ayes - all Mr. Belisle, Mr. Myckleby and Mr. Shuster returned and reported having reached an agreement for the completion of . Craig Place. Mr. Shuster, the petitioner, requested that the peti- tion be withdrawn from Council consideration. Mr. Belisle and Mr. Myckleby stated their willingness to provide-the necessary road easement on property oomed by them. Berger moved, Laebben seconded that an undertaking agreement be arranged for the completion of Craig Place and 4th Avenue in the Lark Park Addition in accordance with the Village Ordinance No. 40 regulating road construction. Ayes - all A letter from Al Herman, representing the Hills and Dales Construction Company, asked the or completion date of 3rd Avenue from Atlantic to English Street. Mr. Herman was present and was told that the work would be completed within several weeks if the weather conditions permitted. The letter also asked if the work on 4th Avenue from Atlantic to Duluth Street could be stopped. Mr. Herman explained that a new development had arisen and that a change in the property usage may be requested for other than residential pu,r. poses. Luebben moved,-Berger seconded that the work be held up pending a legal opinion from the Village Attorney and with the understanding that Mr. Herman would be responsible for all expenses incurred thus far for street work already completed. Ayes a- all Berger moved, Luebben seconded that the proposed plat of Dills and Dales No. 2 be referred to the Village Engineer and Planning Commission for study and report at the next meeting of the Council. Ayes - all Mayor Luebben declared the hearing, begun at the August 15, 1957 meeting of the Council, on the petition for the vacation of Harris Avenue between Kennard Street and Prosperity Road, reopened. The petitioners for the vacation, Mr. McGinley. and Mr. LaBelle, were present along with the group who opposed the vacation at the earlier meeting. Ljungren, Village Engineer, reported a further study of the area and recommended the construction of a drainage ditch as suggested by Mr. McGinley. After considerable discussion., an agreement was reached to construct the drainage system and to use the balance of the ease- ment for a pedestrian --way. Luebben moved, Berger seconded that the petition for the vaca- tion of Harris Avenue be denied and that the Village Engineer be instructed to construct a pedestrian -way providing suitable drainage for the area involved. Ages -- all Mrs. Elizabeth Gray, 2745 Gem Street, requested permission to use her home as a double dwelling. It ' was explained that the property is zoned, farm residence and has been used as a double dwelling for a number of years. Permission was requested because a change ' in families was to be made. A petition was presented signed by residents of the area approving such use. Berger moved, Rupp seconded that a special use permit be granted for .use of the home as a double dwelling for an indefinite period. Ayes - all Anton Thell, 1750 Kennard Street, requested approval for the grading of a hill at the - site of a home he is building on Venton Street. He explained that his . proposal had been previously approved by the.Village Engineer. Because the Village Engineer could not re- — call completely the area and request involved, the matter was referred.to. him for further examination and report. A group from the Mainnehaha Highlands Addition was present and asked the status of the road work in their area. Ljungren, Village Engineer, explained that most of the gravel base had been laid but that seal -- coating had been withheld in anticipation of a request for completed streets. After some discussion, the group agreed to the gravel -base construction and seal - coating of the streets until sanitary sewer construction is completed in their area. The group was advised that final- boulevard sodding could now be done by the developer and that the - Veterans Administration holds the funds for this work. It was suggested that they contact the developer for action on this matter. Trustee Rupp reported that the Village Police Department requested the preparation of an ordinance governing private ambulance service in the Village. O'Mara moved, Schmid seconded the preparation of - -an ordinance with the matter to be referred to Trustee Rupp and the Village Attorney. Ayes - all The matter of the pig farm at 2090 English Street was brought.up for, discussion. The Clerk reported that an investigation by the Police Department had found that the .pigs had not been removed as of this date as ordered in the letter from Memraer, - Village Attorney. The matter was referred to the Village Attorney for further action.. Londin, Building Inspector, reported that the Councills order that a new building be con - structed by Mr. Godbout in view of the unsanitary conditions there, had not been complied with and that the time limit had expired September 1, 1957. The Building Inspector was instructed to issue a violation notice to Mr. Godbout ordering him to show cause for his failure to comply with the Council's order. Londin also referred to a basement home in the process of construction by Iee Gray at 2310 Gall Street. He recommended that a performance bond be required before Mr. Gray moves into the structure. The Building Inspector was instructed to follow up on this matter, dA. petition approving the construction of a, basement home on Pearl Street by the Wayne Fox family was presented. Mr. Fox has agreed to post a bond for the completion of the super- structure within one year. The Council approved the permit. The Council received a report of a sign erected at- Highways No. 36 and 61 without a permit. --The Building Inspector was instructed to contest the firm and order the sign removed. Moritz, Sanitary Inspector, reported that the drainfield at 2712 Midvale . Place was not a satisfactory system because the water table was too high to allow proper drainage. He did not feel that he should approve the system. The Council advised him to "red tags' the Installation. Moritz, Sanitary Inspector, also requested a change in the Building Code with reference to drainfield requirements. He advised.. that .120 lineal feet of drain the .be required In place of the present 150 squsr.efeet. The matter was referred to the Village Attorney for the preparation of an amendment to the Building Code. A letter from the Village Engineer regarding the proposed plat of Torseth Addition was read.. He stated the site had been visited end found feasible from an engineering stands - point. The letter also pointed out that a drainage problem exists at the intersection of Sophia and Ide Streets on the north side of the plat. The Engineer recommended construction of a storm sewer to carry this !dater from the property if and when Sophia Street is used.. In a discussion of the plat it was pointed out that present plans were to build only on the south portion of the plat. Berger moved, O'Mara, seconded that the preliminary plat of Torseth's Addition be approved subject to the Village--Engineer's recommendations. Aye s -- all The petition ' for the improvement of Chambers Street north from Larpenteur Avenue was dis- cussed. L jungren, Village Engineer, advised that the street be improved as far north as the line of Sophia Street. Under these circumstances the petition does not contain suffic- ient--property owners to warrant Council action. The Village Engineer agreed to prepare a, letter outlining the requirements and Council decision for the petitioners. The Village Engineer presented a letter stating the -final construction costs for Kroiss Addition and recommending that the contractor be paid for this portion of Street Improve- ment Project No. 57-1. Change Order No. 4 was attached. On the Village Engineers' recom- mendation, Berger moved, O'Mara seconded that Change Order No. 4.be approved, that,a partial acceptance of streets in Kroiss Addition be made, relieving the contractor from maintenance and that final acceptance be withheld until Street Improvement Project No. S7«-1 be completed. Ayes - all The Village Engineer presented letters stating the final construction costs on the Conway Avenue and Little's 2nd Addition projects., He recommended that the Council direct the preparation of the ,assessment rolls. O'Mara, moved, Rupp seconded the adoption of the following resolution: q- q- �g WHEMS, a contract has been let for the improvement of Conway Avenue from the east line of McKnight Road 2000 feet to the east by grading and surfacing and the contract price for such improvement is $22,346.97, and the expenses incurred or to be incurred in the making of said im rovement amount to $2,374.39, so that the total cost of the improvement will be p$24,721.36; and of this cost the Minnesota. Mining and Manufacturing Company will pay $912.18 and Northern States Power Company will pay $10958,84: NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL .OF MAPLEWOOD, Mn=SOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $219850.34* 2. The Village Clerk, with the assistance of the Village Engineer, shall forth - with calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon completion of such proposed assessment, notify the Council thereof. - Aye s - all Rupp moved, Berger seconded that the follo Ong resolution be adopted: WHEREAS, a contract ,has been let for the improvement of E. Kenwood Drive between the north line of Echo Street and the south line of County Road B, Eldridge Avenue from the east line of E. Kenwood Drive and the west line-of Arcade Street and Belmont Lane from the east line of E. Kenwood Drive east to end by grading, gravel base construction and storm sewer construction and the contract price for such improvement is $39,706.42, and the expenses incurred or to be incurred in the making of said improvement amount to,$3,817.14, so that the total cost of the improvement will be $43,523.56; r f NOW, TBEBEFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, Mn=SOT'A: 1. The cost of such improvement to be specially assessed.is hereby declared to be $43,523.56. 2. The Village Clerk, with the assistance of the Village Engineer, shall forth- with calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece and parcel of lend within the district affected, without regard to cash valuation, as provided bylaw, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The-Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Ayes - al.l A special meeting of the Council was set for 7:00 P.M. on Friday, September 13, 1957• Ljungren, Village Engineer, reported that a requested slope easement had been withheld by Harold Kren2, 3rd Avenue and English Street.. Mr..Krenz had agreed to provide the easement if the Village will move certain shrubery now in the easement. Berger moved, Luebben seconded that the agreement made by the Village Engineer be approved. ,- Ayes - all A request for concurrence of the Village Council with the state aid road system plans of the Ramsey County Board.of Commissioners was received. The'Village Engineer reviewed the County proposal and recommended - concurrence. Schmid moved, Berger seconded the adoption of the following resolution: 7 - 7 _ v') W MIMAS, the County Board of the County of Ramsey did adopt a resolution on August 12, 1957, locating, establishing, designating, and numbering the County State-Aid Highway System of Ramsey County, and WHEREAS, said resolution locates and establishes certain County State -Aid High- ways within the corporate limits of the Village of Maplewood, Minnesota, NOW, THE+' FORE, BE IT RESOLVED, by the Village Council of the Village of Maple- wood that the resolution adopted by the County Board, a copy of which is attached hereto and made a part hereof, locating or establishing.the County State -Aid Highway System within the Village limits (and revoking certain portions of said system) is in all things approved. Ayes a all The Village Engineer reported that in response to the Council's request that he arrange for the purchase of a snow plow for the new street department truck, he had contacted four suppliers. Of the four, two had given him prices, both of which were under $1,000. In view of this, he advised that an advertisement for bids was unnecessary. Of the two rices received, that of the Public Works Equipment Company, Inc., for a 13-31W plow at 783.55 was the lower price. He recommended the purchase of this plow. Berger moved, Luebben seconded that the B -31W snow plow be purchased from the Public Works Equipment Company, Inc., at a cost of $783.55 as recommended by the Village Engineer. Ayes - all Trustee Berger reported a conversation with Commissioner Goodrich of the Ramsey County Board in which the Commissioner suggested that a letter be directed to the Board of Covnt7 ,Commissioners approving their policy of acquiring property rather than spending available funds oA the 4evelbpment of property already owned. Trustee Berger agreed to prepare such a letter following the approval of this policy by the Council. The Council referred the setting of basic minimum requirements for commercial and industrial buildings to guide the Council in approving future plans, to the Planning Commission for study and report. r Berger moved, Rupp seconded that NortherdStates Power Company be given permission to install gas mains in the area of Highway No. 212 except for that portion of Sterling Avenue north of Highway No. 212. Ayes - all Berger moved, Rupp seconded that the Deputy Health Officers compensation be increased from $1.25 per hour to $1.50 per hour with the provision that an accurate record of time be kept and attached to the pay request. Aye s -- all The Clerk reported the receipt of a petition, accompanied by an abstractor's certificate and the required fee, for the vacation of the alley in Block 3, Smith and Taylors Addition to North St. Paul. This block is bounded by Van Dyke Avenue, 3rd Avenue, Hazel Avenue and 4th Avenue. Mayor Iraebben set the hearing on the petition. for October 3, 1957 at 8:00 P.M. and instructed the Clerk to prepare and, publish proper notice of the hearing. Lo.ebben moved, Berger seconded that the East County Dine Fire Department be granted a one (1) day only on --sale beer permit and bingo permit for September 15, 1957. Ayes - all • h Following a report by the Village Engineer that he had contacted the County Engineer and County Attorney' s- office and received approval of the proposed cleaning of Judicial Ditdh No. 17 near Maryknoll Avenue at Village =expense; Luebben moved, Berger seconded that the Village Engineer be authorized to arrange for the work. I r Ayes - all A further discussion was held on the petition for the, improvement of Ide Street. The Council decided to witbhold permission for the.improvement until proper arrangements are made for the street construction. A building permit application is to be withheld from the applicant. t Berger moved, Rapp seconded that the undertaking agreement with the Evans Construction. Company be approved, subject to a check of the performance bond by the Village Attorney. K Ages - all Meeting adjourned at 2:25 A.M. t Forrest R. Schmid. Clerk r September 13, 1957 A special meeting of the Phplewood Village Council was called to order at 7x15 P.M. by lfiyor Luebben• Other members of the Council present were OlVera, Rupp, Berger and Sthmid, Absent - none. A letter from the North Central Construction Co. with reference to the drainfields in Minnehaha Highlands which were considered to be improperly covered was read. It stated that the contractor had agreed to make the corrections as requested by Ammer, Village Attorney, in his letter of July 319 1957. A brief discussion was held on the Village Civil Defonse organization and it was felt by the Council that a regulating ordinance should be adopted although it was not deemed necessary to include all the points included in the model ordinance. Msmmer, Village Attorney, was asked to prepare such an ordinance. lvbmer, Village Attorney, read a proposed sewer ordinance. OtPhra moved, Borger seconded the adoption of the following ordinance. ORDINANCE #44 AN ORDINANCE ACCEPTING THE PROVISIONS, TERMS AND CONDITIONS OF ORDINANCE #11061 OF `IEIE ,CITY OF ST. PAUL, M[MMOTA, APPROVED JULY 26: 1957, BEING AN ORDINANCE STING PSSION TO THE VILLAGE OF X&PIEWOOD TO CONNECT WITH THE SEWERS OF THE CITY OF ST, PAUL AND ' PROVIDING PROVISION'S, TERM AND CONDITIONS GOVERNING SUCH' PERYISSION, Ayes qL11 Luebben moved, Offt ra seconded the adoption of the following resolution: WHOlWy it is proposed to improve the entire Village of Pkplewood by, the construction of a.sanitaary sewer system, and to assess the benefited property for all or a,. portion of the cost of the improvement, pursuant to Mnn. Stets.,, Secs* 429.011 to 129.111 (LENS 1953F. Ch.398, as amnde6)9 NOW THIMFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEW'OOD, MINNESOTAs That the proposed improvement be referred to Bettenburg, Townsend, Stolte and Comb, Sanitary Sewer Engineer, for study and that they are instructed to, report to the Council with all convenient speed advising the.Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the.estimated cost of the improvement as recommended. Ayes — au11 Ws Sundberg of John Blomquist, Inc. waspresent and asked about his agreement to com- plete Ide St. for 330 fte south of Ripley Street. He had provided a bond in the amount Of $39375d.00. The Council pointed out that;the house for which they were requesting a.building permit was roughly 450 fte south of Ripley Street and it would be necessary to complete the street to that pointe It will also be necessary to provide a eul -deb. sacs The bond would be $5,250.00. Berger moved that the petition be granted subject to the increase in the amount of the bond, obtaining the additional easement necessary for the cul-de -sac, and an agreement providing that future owners of the property not serviced by the proposed road will agree to pay the necessary assessments for the construction,of the remaining road at such time as the Council deems it wise to complete this road* Rupp seconded. Ayes a all - Luebben moved. Berger seconded that the Engineer be authorized to complete the agreement with DeMsrs for the completion of bituminous stabilization of Summer Street from Jackson Street to the east line of City Heights Addition (half - width) and S r Street from the east line of City Heights Addition to the east line of DaMrs 3rd Addition (full- width) in accordance with Village specifications and that this motion authorizes Delkrs to pro- ceed with the construction of the street and to make arrangements with Evans Construction Co. for the completion of the entire street, including that portion in the City Heights Addition being - developed by Evans Construction Co. Ayes - all Sebmid moved, O'MQra seconded that the Village Attorney be instructed to write an amend- ment to the dog - ordinance which will define a,dog nuisance and which will include a clause designed to keep dogs from beaches and school grounds. t Ayes •- all Rupp introduced the following resolution and moved it's adoptions WHEREAS, by a resolution passed by the Council on September 5, 1957, the Village Clerk was directed to prepare a proposed assessment of the cost of improvo ing Conway Avenue from the east line of PbKnight Road 2000 feet to the east by grading and suffacing, AND WH:ERE.AS, the clerk has notified the council that such proposed assessment has been completed and filed in his office for public inspection, NOW TFIERE'FORE 0 BE *IT RESOLVED BY THE VILIAGE COUNCIL OF lr!&MWOOD, MINZMOTA: 1. A. hearing shall be held on the 3rd day of October, 1957 in the Village Hall at 8x30 P.M. to passe upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. T The motion for the adoption,of the foregoing resolution was duly seconded by O'Mrae Aye s .o all Rupp moved, Berger seconded that the following resolution be adopted: S~ 7- S WHEREAS, by a resolution passed by the Council on{September 5, 1957 the Village Clerk was directed to prepare a proposed assessment of the cost of improving Ee Kenvood Drive between the north line of Echo Street and the south line of County Road B. Eldridge Avenue from the east line of E. Kenwood Drive and the west line of Arcade Street and Belmont Lane from the east line of E. Kenwood Drive east to and by grading, gravel base construction and storm sewer construction, AND WHEREAS, the clerk has notified the Council that such proposed assessment has been completed and filed in his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF DW EWOOD, MIOMOTAs L. A:\ hearing shall be held on the 3rd day of October, 1957 in the Village Hall at 9 :00 P,M, to pass upon such proposed assessment and at such time and place all persons owning.property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least, two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. Ayes w all The Village Engineer reported the receipt of the State Aid System approved for the Village of Maplewood. He stated he would have a resolution prepared for the next meeting of the Council accepting the approved plant Ljungren, Village Engineer, presented a_letter which contained a bid for cleaning the County Ditch from Wakefield Lake to Frost Ave. The total amount of the bid was $275.00 and was- submitted by Alvin T. Apmann. Rupp moved, Luebben seconded that the bid be accepted and the Engineer be instructed to arrange to have the work completed. Ayes - all Luebben moved, Berger seconded the adoption of the following resolutions s "7; 47, _ 64 Y RESOLVED, that whenever an improvement is undertaken on any easement other than a.street easement, which passes through private property, the specifications for the work to be done sha=ll provide that the surface appearance of the property shall be left in a condition as good or better than the surface ' appearance was before the commencement of the work: Aye s . all 1 r 'Rupp moved, O l Mar& seconded that the following ordinance be adopted. : ORDINANCE #45 AN ORDINANCE ANIE MINE ORDINANCE #14 ENTITLED "AN ORDINANCE ESTABLISHING, AMPLIFYING AND REVISING THE BUILDING C ODE ; MATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR: VALIDATING ALL PMUTS ISSUED AND CONSTRUCTION AUTHORIZED UNDER THE CODE HERETOFORE ]MISTING AND REPEALING RESOLUTIONS, ,ORDINANCES OR PARTS T HZREOF INCONSISTENT HMWITH" . Ayes .r all The foregoing ordinance refers to the use of 4 inch cast iron pipe for sewer const. ruction with no bend exceeding 45 degrees and sets regulations that the fine must have water Might joints. It prohibits down spouts, roof drains or basement drain tiles from being connected to the sewer pipe at any time or at any point within or without the walls or under the basement floor of the building, It also provides that sewer pipe shall lead to the front or street side of the building or a capped line be provided for future connection to municipal sewers. t Meeting adjourned at 11: P.M. t � f Forrest R. Schmid, Clerk September 19, 1957 The regular semi - monthly meeting of the Maplewood Village Council was called to order at 7:05 P.M. by Mayor Luebben. Other members of the Council present were: O'Mara, Berger and Schmid; ab sent : Rupp. Trustee O'Mara brought up for discussion the matter of home owners within the Village who live on City of St. P=1 border streets which have sanitary sewer lines. He pointed out that some of these homeowners have withheld their request for connections until the Village was able to conclude an agreement with St. Paul., although they could have made direct arrangements. He recommended that all such homeowners be coat -acted immediately to determine those who are interested in connections and that a single request be made by the Village to the City of St. Paul to grant those connections. The Council agreed that this action should be taken. Trustee O'Mara agreed to contact those people on Larpenteu.r Avenue, Trustee Berger, those along McKnight Road. and Mrs. He jny, Deputy Clerk, those on White Bear Avenue. Berger moved, Luebben seconded that the minutes of the regular meeting of September 5, 1957, be approved as submitted. Ayes - all Luebben moved, Berger seconded that the minutes of the special meeting of September-13, 1957 be approved as read.. Ayes - all Frank yohnk, owner of the Hill-view Motel, appeared with regard to an advertising sign at Highways No. 61 and 36 which was ordered removed at the September 5, 1957 meeting of the -- Council. He requested that the Council action be reconsidered. After a discussion during which it was pointed out that allowing this sign to remain would be a violation of Council policy and that the sign had been installed without checking to determine ' the requirements and the need for a permit, Mr. Yohnke agreed to remove the sign. Jacob Bauer, 1747 Sylvan, St. Paul, appeared to request permission to build a home on a 60 foot lot near Castle Avenue and Hazel Avenue, described as Lot 19 and J of hot 20, Block 7, Dearborn Acres. Mr. -Bauer presented a letter stating that the adjoining property owner refused to sell additional property to make up the minimum 75 foot frontage required Under the Building Code. It was pointed out that the building plans which called for the house to be situated three (3) feet from the property line at the foundation and only one (1) foot from the property line including the overhanging_eaves,.were also in violation of ' the 33u:Llding Code. A question also arose on the ability of the Village to issue a permit on the street on which the home. was proposed to . be built. The matter was referred to the Pillage Engineer and Building Inspector for a study of the area. Thomas Fuller, 1050 Pacific, St. Paul, who was present at the September 5, 1957 meeting of the Council and was given permission to build a basement home subject to the provision of a bond guaranteeing the building of the superstructure within two (2) years, reappeared. He reported that the cost to provide this bond was too great and requested that the I Council extend the bond period.to five (5) years, although his intent was still to build sooner. O'Mara moved, Berger seconded that the required bond be extended from a two (2) to a five (5) year period. Ayes - all Trustee Rupp arrived during the discussion of the previous matter. Raymond Jensen, 820 So. Margaret St., appeared in reference-to the drainage problem on Holloway Avenue, where street construction and the filling of land in North St. Paul has blocked natural drainage from his property in Maplewood. He asked if the Village has been able to work out a solution. Memmer, Village Attorney, reported he had been unable to reach an agreement with the North St. Paul Village Manager and had been unable to contact the North St:. Paul Village Attorney. Demmer agreed to make this contact before the next regular meeting of the Council. Al Herman, Hills and Dales Construction Company, asked the disposition of his request for approval of the proposed plat of Hills and Dales No. 2. The Village Engineer's report stated that the plat had been examined, the site visited and found to be feasible from an engineering viewpoint. He pointed out that all streets bordering on the plat are existing streets, consequently no new street construction is necessary. He also pointed out that drainage will be. obtained through an existing culvert under English Street and should not cause any; appreciable increase in water flowing into the easement. Neither did he feel that the plat. would increase the drainage-problem at English Street and Ryan. Approval of the plat was recommended.. The Planning Commission's report stated that the plat had been examined, discussed and found to meet Village requirements. They recom- mended that the plat be approved. O'Mara moved, Rapp seconded that the preliminary plat of Hills and Dales No. 2 be approved as recommended. by the Village. Engineer. and Planning Commission. Ayes .. all Mr. Herman. also asked about, the building permit. applications. that. have. been withheld pending a solution to the drainage problem at County Road "B" and. Birmingham, The Ramsey County Engineer had not yet been consulted on this matter. Memmer, Village Attorney, promised a report at_ the next regular meeting of the Council. Mr. Herman presented two (2) petitions for street improvements. The first, requested the improvement. of Eldridge Avenue between the west line of Curve Street and the east line of.Birmingham by grading and surfacing. The second petition requested the im- provement of 2nd Avenue between the west line of Curve Street and the east line of Birmingham by grading and. surfacing. The petitions were referred. to the Village Engineer for study and report. A copy of the Minnesota Department of Health report , on the Crossroads Eat Shop at 1685 White Bear Avenue was read. Among the items listed which required correction was the matter of hooking on to the available City of St..Paul> sanitary sewer system. The Minnesota Department of Health had required that a contract for the connection be signed by September 11, 1957, with the septic tank to be kept pumped.during the interim period. The Health Department asked that the Village require the septic.tank and cess- pools to be filled,following the.connection. Memmer, Village Attorney, advi.sed.that a letter be written to the property owner and the two lessees requiring that this action be taken, and if it is .not done, they will be brought into Justice . Court for violation of the local Health ordinance. A copy of the letter is to be addressed to the Minnesota Department of Health. Following a discussion on the advisability of . establishing additional. local. licenses for control purposes, O'Mara moved, Luebben seconded that the Mayor appoint a Council commit- tee to study the problem and to report their recommendations to.the Council at a later date. Mayor Luebben appointed Trustees O'Mara and.Berger to this committee. Trustee Rapp reported on several requests made by the Village Police Department. The first request was for a shot gun and electric holder. Schmid moved, Berger seconded that the purchase of,a shot gun and holders by the Village Police Department be author ized subject to the approval of Trustee Rupp. Ayes -• all The second,request was for the purchase of a second squad car. The Police suggested that a 1957 standard station wagon model be purchased to effect a small saving. It was pointed out that a small saving may be more than offset by the loss of efficiency and the loss in resale value. Luebben moved, Berger seconded that the Clerk be authorized to advertise for bids on both 1957 and 1958 models with the bids to'be opened at 8 P.M. on October 17, 1957. Ayes -- all As a result of complaints on.the raising of pigs in areas which.have become residential _3n character and at the direction of the Village. Council, Memmer, Village Attorney, pre- sented a proposed ordinance to control the situation. After some discassion and the setting of the license fees, Berger moved, O'Mara seconded. the adoption of the following ordinance: ORDINANCE NO. 46 AN ORDINANCE PROHIBITING KEEPING, BREEDING, RAISING OR FEEDING OF PIGS ON ANY FARM LESS THAN FORTY (40) ACRES EXCEPT UNDER PERMIT TO MAINTAIN A PIGGERY; ESTABLISHING A LICENSE THEREFORE, AMORIZING THE VILLAGE BOARD OF HEALTH TO AININISTER AND ESTABLISH RULES AND REGULATIONS AND PROVIDING PENALTIES FOR THE V IOLAT ION HEREOF. Ayes - all Memmer, Village Attorney, presented for approval, an.ordinan.ce amending the dog ordinance by defining a nuisance and prohibiting dogs from beaches and school grounds. Schmid moved, Luebben seconded the adoption of the following ordinance: ORDINANCE NO. 47 AN ORDINANCE AMENDING ORDINANCE NO. 8 ENTITLED, "AN ORDINANCE PRO- VIDING FOR THE LICENSING OF DOGS AND PROVIDING CERTAIN POWERS FOR THE TOWN BOARD FOR THE CONTROL OF DOGS AND IMPOSING .PENALTIES .FOR V IOLAT ION". Ayes - all Acting Police Chief Leonard Pepin and Richard Schaller presented a report" on. a meeting held September 12, 1957 with the owner of the Suburban Ambulance Service: The report outlined an agreement concluded between the Police and Service regarding operations in the IVillage of Maplewood. The reports advised that in view of this agreement -which they regarded as satisfactory, no ordinance need be prepared. The Council accepted and ap- proved the report. A discussion was held on the relationship between the Village Police and Civil Defense organization. The matter was referred to Trustee Rupp for further investigation. Trustee, 011)lara pointed out ,that the Ramsey County Municipalities Association had, voted to organize a committee composed of one member from each community's planning commission to serve as an overall planning and coordinating group. This fact was pointed out to Chairman Radatz of the Maplewood Pleming Commission, who agreed to submit a member's name at the next meeting of the Council. Londin, Building Inspector, reported on the Godbout matter. Mr. Godbout had been ordered to construct a new building with adequate sanitary facilities but the order had not been complied with as of this date, although a-90 day deadline which expired approximately September 1,. 1957 had already passed. The Council instructed Londin to issue a violation notice for failure to comply with the order. Mayor Luebben pointed out that the order for correction of the drainfield on the Robert Borowske property at 1737 Edgerton Street had not been complied with. L jungren, Village Engineer, reported that the drainage and street grading ordered by the Council could not be completed until this has been done. The Council instructed the Board of - Health to give Mr. Borowske ten (10).days in 'which to complete his work on the drainfield. Moritz, Street Foreman, reported that the small tank on the new street department truck had been replaced by a large one but that a new.gmge had not .been provided. He did not feel that the Village had received satisfactory service.from the Company which sold the truck. , The Village Engineer was instructed to contact the supplier to try to cor- rect. this situation. Moritz, Street Foreman, reported the problem of landscrapers depositing rocks and excess dirt on Village streets as becoming.a serious one. When the situation is brought to the attention of the property owners and landscapers both disclaim responsibility. He recommended that some action be taken to correct the situation.. O'Mara moved, Berger seconded that land.ecapers'be licensed.under the building code ordinance. Ayes -- all The recommendations for street name changes in the Village were discussed. Trustee O'Mara reported on the discussion of this subject by members of the Ramsey County Municipalities Association at which Robert Clark of the Ramsey County Engineer's Office was present. Although that group planned further investigation of the matter, it-was felt that the ,recommendations made for Maplewood would follow those of the County and that it was.not necessary.to delay the action.tintil that.study.is complete. Berger moved, O'Mara seconded that the following resolution be adopted, subject to the approval of the state and county. on roads .under their respective jurisdiction, to become effective January 1, 1958% WMREAS, a study has been undertaken and. recommendations made to change and correct street names and designations.within the Village of Maplewood in order that they will conform to adjacent municipalities, eliminate dup- lications which have created confusion and difficulties in the delivery of mail and to provide for future guidance and uniformity, and VH, S,.the recommendations have been reviewed and discussed and considered. feasible, STOW, . THEREFORE, BE IT MOLWD BY THE VILLAGE COUNCIL .OF MAPLEWOOD, MINNESOTA: 1. That the following roads shall be changed as indicated: OLD STREET NEW STEM DES IGTAT ION FROM TO' I)ESIGNATION County County Road A2 ' Rice Street Highway No. 61 Roselawn Avenue Stillwater Out-Off McKnight Road Lakewood Drive Stillwater Avenue State Highway No. 61 Parkway Drive Count-7 Road I'D" Maplewood Drive Village Beam Avenge Van Dyke Street Bellaire Avenue Willow Lane Beam Avenue Kennard Street White Bear Avenue Willow Lane Bedell Road Keller Parkway East to end Gervais Avenue Brief Street County Road "C" Pearl Avenue Van Dyke Street Copley Avenue Curve Street Hazelwood Ryan Avenue OLD STMT NEW STREET IE S I GNAT ION FROM TO TES I('1�AT TON village (cont.) __._..�. Deebach Road Dion Street Echo Avenue Echo Avenue Echo Street Fairview Avenue Fairview Avenue Franzmeter Street Gall Avenue Hill Street Junction Livingston Avenue Livingston Avenue Meyers Avenue Nona Place N.St.Paul Rd. Conn. Park Street Park Avenue Pearl Avenue St, Aubine Street Scotland Road. Sigel Street Speiser Street Vag Dyke Street Willow Avenue -- Woodland Street lot Avenue let Avenue lot Avenue 2nd Avenue 3rd Avenue 3rd Avenue 3rd Avenue 4th;- Street 4th Avenue nth Avenue fifth Avenue 5th Avenue 5th Avenue 6th Avenue 8th Avenue 12th Avenue lath Avenue 14th Avenue 15th Avenue 16th Avenue So. Village limits Rice Street Jackson Street DeSoto Street Greenbrier Street Germain Street Barclay Street Stillwater Road Gall Avenue County Road NC" English Street English Street Maryknoll Avenue Ripley Avenue Frost Avenue White Bear Avenue Highway No. 61 English Brief Street Rice Street DeSoto Street Ferndale Avenue County Road NO" Radatz Avenue Vale Avenue County Road "A2" English Street Hazelwood Avenue Prosperity Road Hazelwood Avenue Frank Street County Road "B" 8azelwood.Avenue' Radat z Avenue Frank St r ®et English Street Hazelwood Avenue White Bear Avenue English Street EEnglish Street White Bear Avenue White-Bear Avenue German Street White Bear Avenue Germans Street. German Street Highwood. Avenue Jackson. Street Adolphus Street West to end Kenwood Drive E. East to end Germain Street Magnolia Street County Road siDII North to end Hazelwood Avenue Hazelwood Avenue Kennard Street Holloway Avenue Kennard St rest N. St. Paul Road. Speiser Street Hazelwood Avenue White Bear Avenue Sylvan Street Edgerton Street Century Avenue South to end Beam Avenue Beam Avenue Echo Street Hazelwood Avenue Ariel Street East and West to end Ariel Street English Street Hazelwood.Avenue ' Ariel Street County Road "D" English Street - Hazelwood Avenue Ariel Street Ariel Street Hazelwood Avenue Hazelwood Avenue. Ariel Street German Street Arie1 Street Ariel Street Ariel Street Ariel Street Sterling Avenue Kingston Avenue Skillman Avenue Skillman Avenue Skillman Avenue E. Demont Avenue E. Brookview Avenue Mary Street Lakewood Drive English Street Eldridge Avenue Sumner Avenue Summer Avenue Lakewood Drive Maryknoll Avenue Ripley Avenue Connor Avenue Lark Avenue Kohlman Avenue Price Avenue Ripley Avenue Fremont Street Duluth Street Frederick Street Southlawn Drive Edgemont Street' Burke Avenue Sandhurst Avenue Burke Avenue Laurie Road Lark Avenue Sandhurst. Avenue Lark Avenge Mc Knight Road Cope Avenue Laurie Road Cope Avenue Sherren Avenue Lark Avenue Cope Avenue Gervais Avenue E. Demont Avenue E. Demont Avenue Connor Avenue Edgehill Road Oak Avenue 2. All North -South roads, unless.specifically called Roads, Lanes, Drives or Parkways, shall be called streets. 3. All East -West roads, unless specifically called Roads, Lanes, Drives or Parkways, shall be called Avenues. Ayes - all Ljungren, 'Pillage Engineer, reported that word: had not been started on Rosewood Avenue but that a new survey had been - complet ed. It was found . that some new grades would have to 'be established. He expected to be able to begin work as soon as the i necessary materials could be procured. j Ljungren also reported that .grading and graveling operations in Minnehaha Highlands had been completed to the agreed upon state. Arrangements made.to oil the streets - on Wednesday had been postponed because of equipment trouble. He expected this work to be completed on Friday. Ljungren recommended that certain streets be dust coated and.presented the necessary forms to order the work done by Ramsey County forces. Luebben:moved, O'Mara seconded that the following named streets be dust coated as recommended-by the Village Engineer: Eldridge Avenue from McMenemy to Deb of o Street Bartelmy Lane from E. 7th Street north approximately 400 feet Meyer Street from Bash Avenue to Minnehaha Avenue Third. Avenue from English Street to Atlantic Street Kenwood Drive E. -from Echo Street to County Road B Eldridge Avenue from Arcade Street to Kenwood Drive E. Belmont Zane . from Kenwood Drive E. east to end Ayes -» all Ljungren reported examining the area in which Anton Thell requested, permission to do certain grading. The Village Engineer.recommended that he be,allowed to run a profile In order to set the correct grade rather than allowing. Mr. Thell to . do an .inaccurate grading job. La.ebben moved,.Berger seconded that the Village.Engineer's recommendation be accepted. Ayes » all The. Village Engineer's letter regarding the completion of .Conway Avenue was read.. He reported having - viewed the work and found that the improvement has,been completed in all respects according to the contract as subsequently modified by the Council. He recom- mended final payment to T. A. Schif sky _ and Sons as follows: Contract price (as modified) $220346.97 Previous payments 20.85 .16 .r�rmar.rrrerm2m.e.euaor Balance due $ 19 494. s1 Upon hearing the report of the Village Engineer, Luebbon.moved,.Rupp seconded the adoption of the following resolution: 6'7 G WBEREAAS, pursuant to a written: contract signed with the Village of Maplewood on April 4, 1957, T. A. Schifsky and Sons of 361 W. County Road E. St. Paul, Minnesota, has satisfactorily completed the improvement of Conway Avenue from the east line of,McKnight Road 2000 feet east in accordance with such contract NOW, THEREFORE, BE IT RESOLVED PY THE VILLAGE COUNCIL OF MAP EWOOD, ' MINNESOTA: The work completed under said contract is hereby accepted and approved, and BE IT FtT13.THER YGSOLVED: That the Village Clerk and Mayor are hereby directed — to issue a. proper order for the final payment on such contract, taking the contractor's receipt in full. Ayes - all A second letter from the Village Engineer reporting on street improvements in Littles 2nd Addition was read., He reported having viewed the work and .found that the improvement _had been rally completed in all respects according to the contract as subsequently modi. fied by the Council. He recommended final payment to the St. Paul Dredging Company as follows* Contract price (as modified) $39s706,42 Previous payments 26.985.72 Balance due $129720-70 Having heard the Village Engineer's report and a report by Mayor Lu.ebben that the con- tractor had not paid all of his bills to sub -- contractors, Berger moved, Rupp seconded the adoption of the following resolution: WHEREAS, pursuant to a written contract signed with the Village of Maplewood on March 27, 1957, St. Paul Dredging Company, 1397 Laurel Avenue, St. Paul, Minnesota, has satisfactorily completed the improvement of Kenwood Drive E. between the north line of Echo Street to the south line of County Road B. Eldridge Avenue from the east line of Kenwood Drive E. to the west_ line of Arcade Street and Belmont Lane from the east line of Kenwood Drive E. east to end in accordance with such contract, Nowt THEREFORE, BE IT RESOLVED BY THE VILLP..0 COUNCIL OF MAPIZWOOD, MINNESOTA: The work completed under said contract is hereby accepted and approved, and BE IT' FURTH3R RESOLVED: That the Village Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the - contractor's receipt in full, subject to the payment of outstanding obligations to subcontractors. Ayes » all Following a discussion on the need for a clause in subsequent improvements project contracts to insure completion of the work within the specified time limit, Berger moved, - Rupp seconded that a schedule of liquidated damages be included in the specifications of future contracts. Ayes - all The Village Engineer reported that in order to complete work scheduled for the Lark Park Addition, he advised advertising for bids rather than attempting to complete the work with Village forces. Berger moved, Lju.ebben seconded that the Village Engineer be author- ized to advertise for bids for the improvement of Craig Place from German Street to 4th Avenue and 4th Avenue from Easel Avenue to Craig, Place by gravel stabilized base con-, st rust ion. Aye s -- all LJungren, Village Engineer, reported that the Evans Construction Company had proceeded with unauthorized grading work in City Heights Addition. Although authorized to complete only an area sufficient for the installation of gas mains, this Company had completely graded the street and gone into another street on which no grading was authorized. A check with Northern States Power Company disclosed that there were no present plans to install gas mains as the Council was informed by Mr. Robert Evans. The Village Engineer also reported having had to scrap two (2) sets of grading plans previously prepared as a result of this action. The Clerk was instructed to notify Mr. Evans to appear before - the Council at the October 3rd, 1957 meeting to show cause why his undertaking agree- ment should not be cancelled and that he must pay damages and-expenses incurred by the Village. The Clerk was also instructed to issue no further permits in City Zeights j Addition until this matter is settled. t Further discussion.was.held : on the petitions submitted earlier in the meeting by Al Herman, Rills and Dales Construction Company, for street improvements on Eldridge Avenue and 2nd Avenue.- O'Mara moved, Luebben seconded that the developer be advised that he must post a bond guaranteeing completion of the ,improvements rather than allover ing the work to be done on an assessment basis as requested. Aye s -- all Trustee Rapp reported that the Village Dog Catcher had requested a badge-with the word- ing ",Special Police Officer" inscribed thereon, and the right to wear a shirt similar to the Police Officers. The request was approved. Luebben moved, Berger seconded that the Dog Catcher be allowed to appoint a Deputy with the same powers given to the Dog Catcher and subject to his jurisdiction. Ayes — all The Clerk, was authorized to make arrangements for the services of the Little Canada Gas Inspector on a temporary basis and to advertise for a Gas Inspector to fill the vacancy created by the resignation of William Laplante. : A request for two (2) street lights on Flandrau Street between County Road C and Fair- view Avenue was .received. Schmid moved, Berger seconded that the request be referred to the Village Engineer for investigation. ar�d action. 1. Aye s — all L juagren reported that Northern States Power Company had advised him of a street light service survey available to municipalities at no cost. Ljungren was instructed to con- tact Northern States Power Company to request stash a survey. - The Clerk presented the-- application of Lawrence Inc., for permission to erect a 5J x 8 foot sign on the N.E. corner of Prosperity Road and County Road. B. The sign is to advertise the property on which it is erected as being for sale by the property owners, H. and Val J. Rothschild. Company. The permission was granted. Meeting adjourned at 12:40 A.M. `1 Lill' Forrest R. Schm d Clerk October 3. 1957 The regular semi*-monthly meeting of the Maplewood Village Council was called to order at 7 :10 P.M. by Mayor Luebben. Other members of the Council_ present were: O'Mara, Rupp, Berger anal. Schmid; . absent: none. Rupp moved, O'Mara seconded that. the minutes of the September 19th,_ 1957, meeting be approved as submitted. Ayes - all Edward J. Parker, 742. E. Maryland_ Avenue,. requested .approval. of a_ cesspool installer's license. Moritz, Sanitary Inspector, refused to approve the license without Council action. It was reported-that Mr. Parker had worked with. his son in 1956 under-an-installer license and had failed to complete jobs they had undertaken.. Mr. Parkes explained. that he had simply worked for his son part -time and the failure to complete the jobs was because his son suffered from a heart condition. Mr. ' Parker stated that he would.. promise to . complete and guarantee all work performed by him. Rupp moved,. Berger. _$econded.. that. Mr.. Parker be granted a license to expire January 1, 1958, subject to a close check. on.. his performance. Aye s - all Mr. Godbout was present and reported that he had vacated his property vntil__such time as his home is completed. He took this action following receipt of a letter from the Village Health Board requiring that he complete the work or be charged. with a violation of the Health Ordinance. Mr. Godbout indicated that he planned. to continue.. work on the home and expected to be finished within a month. The Council agreed that, no further action should be taken in this case in view of Mr. Godbout's report. James Couve, 2575 Carver Avenue, reported that he had applied for and received a trailer permit. He then proceeded. to work on_ a sanitary system. The Health Inspector had then stopped him from proceeding with the work. Mayor Luebben asked. him.to be seated while the Council discussed briefly the general.. matter of trailer permits. Mrs. Peterson, Deputy Health Officer, reported that there were 18 trailers parked at various locations in the Village. outside of trailer courts. She reported further that three - fourths of them were not under permit as required. Several Councilmen felt that some general_ uniform regulation should be adopted with regard to. the granting of trailer permits. It was' also" felt that each.case had to be decided on the basis of the situation involved. The Council decided to resume the general.discus_sion..later and to dispose of Mr. Couve's request. Ha reported that the trailer was parked on a large tract of land. and. wou.] d. not create a nuisance to. nearby owners. The Council explained. that. permits were given for only 90 days with the right to extend the period only if no complaints were received. It was also explained that under such conditions the installat ion of a sanitary system might. prove an expensive undertaking for a, short period. Mr. Couve stated that he understood,: but had.. no choice. Berger moved, Rapp seconded that a 90 day permit be grant.ed.subject to extension.for addi- tional 90 day periods unless complaints were received by the Village. Ayes - all A request was then made for a permit for Mr. Joseph_ J. Mohr, 2351 Bush Avenue. O'Mara moved, Berger seconded that a 90 day permit be granted-subject to additional.90 day exten- sions if no complaints were received, Ayes - all Parsuant to the terms of an advertisement for bids for the gravel stabilized base construc- tion of Craig Place between German. Street and.Lth Avenue and 4th Avenue between Craig Place and Hazel Avenue, the meeting was declared open by Mayor Luebben for the opening of bids at 7:30 P.M. The only bid received was as follows: Bidder Amount of Bid T. ,A. Schifsky and Sons $49502.25 : The bid was ac eompanied by a bid bond in the amount of 10% of the bid. Luebben moved, Rupp seconded that the bid be referred to the Village Engineer. Ayes - all Roland Vogel, 2673 B. Maryland, reported that the Dog Catcher had come onto his property and taken his dog which was unlicensed. The Dag Catcher had.left two (2) other - unlicensed dogs. Mr. Vogel asked under what authority the Dog: Catcher had acted in trespassing on hie property. The matter was referred to Trustee Hipp for investigation. A report is to be given to Mr. Vogel. Raymond Jensen, reappeared with reference to his drainage problem.on Holloway Avenue adjacent to North St. Paul. Memmer, Village Attorney, reported that. he had explained the cireametances to the North St. Paul'.Village Attorney who had agreed to investigate the matter. Mr. Jensen felt that he had already waited too long for an answer and stated his intention to block the drainage so that his land.would not again be flooded. The Council took no further action on the matter. Memmer agreed to continue his attempts to solve the problem. Mr. James E. Renton, 2090 English Street, appeared and reported that he had filed an appli- cation to operate a pig farm at the above address. Although the application was accepted he was told permission would have to be granted by the Council, Mr. Renton complained that although. the farm had been there for many years-now that a few residences' had been - built he was expected to stop his business. The Council pointed out that progress some- times creates such a situation. The Council agreed to hold a public hearing, as provided in the ordinance and Mayor. Lu.ebben set the hearing for 8 :15 P.M. on October 17th, ,19,57. The Clerk was instructed to publish and post proper notice of the hearing. Pursuant to due call and published and posted notice thereof, the hearing:on the petition for the vacation. of the alley in Block 39 Smith and Taylors Addition to North St. Paul.; set for 8:00 P.M. on this, date was declared open by Mayor Luebben.. The Clerk reported that all three (3) of the property owners in this block as listed in the abstractor's certificate accompany#g the petition had signed the petition. Mayor Lu.ebben called for objections to the vacation. -Hearing none, Rupp moved, O'Mara seconded that the follow- ing resolution be adopted: W IERZAS, the owners of more than 50% of the property abutting; on the alley in Block 3, Smith and. Taylors Addition to North St.-Paul. having. filed a petition for the vacation of said alley, and WBEMS, the hearing on said petition was preceded by two weeks' published and posted notice, and WHEREAS, no one has appeared in opposition to said petition, and WHEIGAS, it appears for the best interest of the public that said alley be vacated, NOW, THEREFORE, BE IT ESOLVED by the Village Council of Maplewood, Minnesota that the alley in Block 3, Smith and Taylors Addition to North St. Paul, be and the same is hereby vacated. Ayes .. all Mr. Jacob Bauer, 1749 Sylvan, St. Paul., a geared and asked the disposition of his request for a building permit on Lot 19 and the W of Lot 20, Block 7, Dearborn Park. The lot, being 60 feet in frontage, is below the minimum required by the Building Code. A letter from the Building Inspector reported the results of an investigation made by him and the Village Engineer. They reported that the property is located on Castle Avenue which also serves as a service drive for Highway" No. 36. They found no abutting property available on the east side and the property owner on the west side refused to sell. They also found the lot feasible for building and pointed out.that two similar lots of this same size are owned by Mr.. Bauer to the south of the lots in question for which' building permits will be requested at some future date. Rupp. moved, O'Mara seconded that Mr. Jacob Bauer be granted. a building permit. Ayes - all Mr. Edward Delaney appeared before the Council_. to request permission. to move and reconstruct a building on County Road. A--2 near McMenemy. He proposes to use the building for profes- sional offices with an adjoin3ng.dwelling. 'If this plan-As n9t.feasible it is to be used for a. double dwelling. Radatz, Chairmen of the Planning Commission, ..was present and expres- sed the opinion that it was not necessary for the Planning Commission to review the plans. The Council was advised that professional offices are permitted in a residential area under the'Zoning Ordinance. Luebben moved, Berger seconded that.9r. Delaney be granted permission to move the building and.to. use it for professional offices under a special use permit. Ayes - all Pursuant, to due call... and, published and posted notice.. thereof, the hearing set to consider the assessments proposed for the improvement of Conway Avenue, was declared open by Mayor Luebben at 8:30 P.M. The Pillage Engineer reported a slight error in the original caleu -- lation of the assessments as the result of failure to add in: the cost of the advertisement for bids. He reported the corrected amounts to_be $ ?,281.56_ for Diocese of St. Paul and $1,563.18 for Minnesota Mining. and. Manufacturing Company. The Clerk reported that both had been advised_ of the assessments and had been. told. that they would..appear if they wished to discuss the matter farther. Mayor Luebben asked if representatives were present for either group. No one was present. Trustee O'Mara reported that he. had been informed that Minnesota.Mining anal Manufacturing. Company was satisfied with the assessment proposed. Luebben moved, Rapp seconded that the. following. resolut.ion be adopted: '�-- 10 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and.heard and - passed upon.all.object ons_.to the.proposed asseasments for the improvement of Conway Avenue between the east line of McKnight Road, 2000 feet to the east by grading anal .surfacing, Now THEREFORE 33E IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MD , SOTA: 1. Such proposed assessment, as corrected,.. a copy of which. is. attached hereto and made a part hereof, is hereby accepted and... shall constitute the special assessment against. the lands. named therein, and _ each tract of land therein included is hereby found. to be benefited by the proposed improvement in, the amount of the assessment levied against it. 2. Such assessment .shall. be payable in equal annual_ ..installments extending over a period of ton years, the, first, of the installments to be parable on or before the first Monday, in January, 1958, and shall. bear interest at the rate of six per cent per annum from.. the date of the adoption of this assessment resolution. To the first installment shall_ be added interest on the entire assessment from the date of this resolution. until December 31, 1957. To each aubsegfent Installment when dude shall be added. interest. for one year. on all unpaid installments. 3. The owner of. any property .so assessed may, at . any time prior to certifi. cation of the assessment to the 0ountt.Aud1tor, pay.the whole of the assess- ment on such property, with interest acomed. to the date. of. payment, to the Village Treasurer, except that,no interest shall be charged if the entire as sessment . i s paid within 30 days from the adoption of. this resolut ion; , and he may, at any time thereafter, pay to the County Treasurer, the entire amount of the assessment remaining unpaid, with interest accrued -to December 31st of the year in which such payment is made. 4. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected-and paid over in the same manner as other municipal taxes. Ayes - all Phillip Oswald, 1700.3. County Road C, appeared before the Council requesting information on the Village street requirements. It was explained that if he proposed to develop his property on the south half of Oswald Park, it will be necessary for him to make arrange.* went s to have dedicated all of Brooks Avenue. Pursuant to due call and posted and published notice thereof, the hearing set for 9:00 P.M. on this date to consider the proposed assessments for the street construction and drainage work in Littles 2nd. Addition was declared. open by Mayor Lu.ebben. Ljungren, Village Engineer, reported that in the preparation. of this assessment roll, ' the advert- ising costs were correctly included. The total assessable costs were $43,623.60 with the . streets amounting to $1695'?1.'?? and storm sewer costs at $27,051.83. No one appeared In opposition to the assessments. Mayor Luebben reported, that the property owner had been notified. Laebben moved, Berger seconded the adoption of the following resolution: WHEREAS, pursuant to.proper notice duly given as required by law, the.Village Council has met and. heard and passed upon-all objections to the proposed assess,- ment for the improvement of E. Kenwood Drive between the north 11ne of Echo Street and the south line of County Road..B, Eldridge Avenue,between the east line of E. Kenwood Drive and. the west. line . of Arcade Street and. Belmont Lane from the east line of 10. Kenwood . Drive east to end by grading, graveling and storm sewer construction, NOW THEREF013 BE IT RESOLVED BY THE VILLAGE 00VXCIL OF MAPLEWOOD, MxMSOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is her accepted and, shall constitute the special assessment against the lands named therein, and each tract of land-therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to ,be payable. one or before the first Monday in' January, 1958, and: shall bear interest at the rate of six per cent (6 %) per annum from: the date of the adoption of this assess- ment resolution. The the first installment shall be added interest on the entire assessment from the date of this resolution. until December 31, 1957-. To each subsequent-Installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the County Auditor, pair the whole of the assessment on such property, with interest accrued to the date of payment, to the lillage Treasurer, except that no interest shall be charged if the entire assessment is paid within. 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the County Treasurer the entire amount of the assess- ment remaining unpaid, with interest accrued to December 31st of the year in which payment is made. ' 4. The Clerk shall forthwith transmit a, certified duplicate of this assess- ment to the County Auditor to be extended on the proper tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal takes. Ayes - all Bernard Francis, 2511 Carver Avenue, requested a permit for trailer parking. at. that same address. He explained. that. he planned to . operate. a farm_ there for his grandmother who is in ill health.. It was reported that there was co_insderable property involved and should not be objected to by adjoining property owners. Berger moved, _Luebben seconded that a 90 day permit be granted with. the right to extension if no objections were received. Ayes - all Mrs.. Peterson, Deputy Health Officer, reported that she had directed a letter to Robert Borowske, 1737 Edgerton Street, requiring that he complete the new drainfield installation. within ten (10) days or on October 3, 1957. She rece ivied. a reply from Mr. Bo rowske stating that a, contract for the work had been let but that the contractor had not started the work. A check with Morita, Sanitary Inspector, determined_ that no permit had. been issued._nor had any contractor indicated.. taking the job as stated-in-Mr. Borowske's letter. Mrs. Peterson was Instructed to issue a violation notice and bring Mr. B.orowske into Justice Court. Trustee O'Mara brought ,up the matter of a letter directed to the Suburban Pickup Service by the 'pillage Board of Health. The letter advised Mr. Clifford Larson, operator of the Company, that he must, in the future, refuse to pick up burned garbage. This refusal was to be based on that section of the Board of Health regulations_ which declares the burning of garbage a health violation. Mr. Larson, in a conversation with Trustee O'Mara, stated that he did. not feel he was obliged to enforce village health. regulations in. the course of conducting his business of rubbish pickup. There was general agreement that the Village could not under existing, regulations. require the rubbish. healers. to. refuse to. pick up such material but that they could and should cooperate with the Village Health. Department in the enforcement . of such regulations. It eras. suggested that we request. each contractor to send. out a notice, furnished by the Village, explaining_ the regulation. on garbage burning. This notice is then, to be followed, a check and the issue of violation notices to violators. Londin, Building Inspector, reportea that he had found .thirteen (13) homes. in the process of construction in the Evans. Construction.. Company's City Heights Addition for which no building permits had been issued. Hs then issued "red: -tags n . halting. construction.. A later check. found. that work had_ been_ started again.. on some of the houses so "red.-tagged". Londin then brought., ire. the Police Department and a violation notice was issued.. Mr. Evans was present in response to a request to appear before the Council to show cause why his undertaking agreement should not be revoked. This request was made when the Pillage Engineer reported at the last meeting that. Mr. Evans. had graded the street beyond the authority granted_ him.. by the Council causing considerable additional engineering work_ and expense. 'Mr. Evans explained that this was done due to a misunderstanding of the location of gas main lines and that he was willing to stand the expenses incurred.' The failure to secure permits was explained as an office error. He then requested that he be allowed to continue building to fulfill commitments he had made. Ljungren, Village Engineer, explained that the ordinance required that the streets must be completed to a passable stage and advised that the only way this might be done is on a time and material contract. Berger moved, Laebben seconded that the Council ._instruct the 'Pillage Engineer to pro- ceed with an advertisemennt for bids for time and material contracts for the construction of Agate Street, Onacrest Drive, Curve and Dion Streets, with building ,permits to be issued for the building .of. houses on those streets but that no one is to be allowed to occupy the houses until the Village Engineer has certified.to the Council that the streets will be passable during the winter and spring seasons. Ayes - all Memmer, Village Attorney, presented to the Council the ordinance amending the Building Code to include soddere and.landscapers in the list of contractors requiring licenses, as ordered at the last meeting of the Council. Berger moved, iuebben seconded the adoption of the following ordinance: ORDINANCE NO, 48 AN ORDINANCE AMENDING ORDINANCE NO, 14 ENTITLED: AN ORDINANCE ESTABLISEiNG, AMPLIFYING, REVISING THE BUILDING COI)E: CREATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR; VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHORIZED UffIW,R THE CONE TOFORE EXISTING AND REPEALING RESOLUTIONS, ORDINANCES OR PARTS T p. IF INCONSISTENT EMWITE. Ayes — all - Demmer, Village Attorney, reported the receipt of a letter from the County Engineer with Y reference to the drainage problem at County Road B and Birmingham- Street. The County Engineer requested that the Village refuse to grant the building permits applied for by the Halls and Bales Construction Company. 0tMara moved, Rupp seconded that the permits be denied on the basis of the recommendation of the County Engineer. Ayes - all Mayor Luebben reported reaching an agreement for a drainage easement with Cortland Blometrand, 1.990 E. 8enwood' Drive. The matter was referred to. the Village Engineer for the preparation of the.. description on property involved and- to the Village Attorney for the drafting. of the proper easements. L jungren, . Village. Engineer, reported that. the grading, . installation of. culverts said graveling of Rosewood Avenue had.been.completed. Because,it.had been possible to secure the oil today, that phase of the work was being dome at.the present time. He reported ' the work would be completed by Saturday df the weather remained dry. L jungren, Village Engineer, presented Change Order No. 5 t o Street Improvement. Project 57 -1 for Council approval. The change corder stated the nature-of work as sodding back« - slope on Lots 3, 4 and 5, Block 12, Clifton Addition.. O'Mara :coved, Luebben seconded. that Change Order No. 5 to Street-Improvement Project 57.1 be approved. Ayes - all A letter from the Assistant Land Commissioner, Leonard Seamer, was read. The letter requested that the Village, Council approve the classification of certain parcels of tau F forfeit property within the Village limits as non conservation lands so the County may proceed with it's sale. Investigation of the property involved was referred to the Village Engineer. 5'7- /6 - 6/ Rupp moved, Berger seconded that the following resolution be adopted: RESOLVED, that the following sum of money be levied and assessed upon the taxable property in said Village of Maplewood. for the following purposes for the current year: For General Corporation purposes $969884.73 For Public Employees Retirement Association $ 1.1152,&Z Total $980000.00 Ayes - all L jungren, Village Engineer, reported on the bid received for the improvement of Craig Place and 4th Avenue project. Although . the price was . higher than estimated and also higher than previous bids, he felt this was due to the lateness of the season with doubtful weather conditions and the inclusion of the penalty clause. He pointed out that there was little choice but to accept if the work is to be completed this year. Berger moved, Luebben seconded that the bid of T. A. Schifsky and Sons be.accepted subject to possible negotiations by the Village Engineer. Ayes » all A letter from Harry_ S. Bronson, County Engineer, was read regarding_ the now policy on road lights. Copy of the policy adopted by the Board of County Commissioners accompanied the letter. Following -a review of the application of Virginia. Kalisko for the establishment of a public recreation center to be known as Ginny. Kays Talent City at 1160 groat Avenue, Berger moved, Schmid seconded that a license be granted under the provisions of the Public Re- creation Center ordinance. Ayes all Meeting adjourned at 12:15 A.M. Forrest . R. Schmid Clerk October 17, 1957 The regular semi *-monthly meeting of the Maplewood Village Council was called to order at 7:10 P.M. by Acting Mayor O'Mara. Other members of the Council present were: Rupp, Berger and Schmid. Mayor Luebben was absent due to illness. Berger - moved, O'Mara seconded that the minutes of the October 3, 1957 meeting be approved as submitted. Ayes - all upon the request of the Clerk, who advised that the Council had. overlooked the adoption of the following resolution accepting an undertaking agreement with the Evans Construction Company, at the September.5, 1957 meeting, O'Mara moved, Berger seconded this'addition to the minutes of that meeting: RESOLVED, That the street;<:, construction and stabilization contract between the Evans Construction Company and the Village of Maplewood fdr the completion of the following streets: Dion Street. from City Heights drive to Agate Street, Agate Street from` Larpenteur Avenue to City Heights Drive, Onacrest Cu.rv�e from Agate Street to Agate Street, Stammer Street from City Heights Drive to east property line, be and hereby: is approved as submitted together with a siftrety bond guaranteeing payment for work as provided in said agreement and.the'Mayor.and the Clerk are hereby . authorized and directed to execute . said contract . on behalf of . the Village. The Village of Maplewood'hereby assures . the federal .Housing Administration and/or. 'Veterans Administration of the United States Government . that the .streets provided for in said agreement will be completed as specified without special assessment, contemplated completion date to be October 1, 19580 and the Clerk is hereby author- ized and directed to furnish certified copies of this resolution to agencies re- quiring same. - Aye s -- all Earl Remiger, 1699 English Street, requested information on the disposition of his petition for the improvement of Chambers Street north of Larpenteux Avenue. Ljungren, Village Engineer, stated that he planned to prepare a full report for Mr. Ranniger and promised to discuss the matter more fully with him during the next few weeks. Mrs. William Frahs, 1 ?30 Sylvan, appeared and asked the Council's assistance in control*,- ling the dogs in her neighborhood. She stated that the dogs are causing damage but that she would not sign a complaint against the dog owners. The matter was referred to Trustee Rupp for investigation and with the suggestion that the dogcatcher contact the dog owners In the area with an explanation of the niisance section of the dog ordinance and the penal- ties provided for failure to comply with it's provisions. Ljungren, Village Engineer, directed a letter to the Council with regard to a request received by-him from Ellerbe and Company, on behalf of Minnesota Mining and Manufacturing Company. They requested permission to connect two (2) catch basins to a Village owned culvert under the Service Drive at the intersection of Conway Avenue and McKnight Road. He recommended approval. Berger moved, Rupp seconded that permission be granted. Ayes - all A letter from Milner W. Carley and Associates with regard to the Municipal State-Aid Street System was read. It noted the attachment of a resolution designating and - adopting the system proposed for the Village of Maplewood. The resolution was prepared in. accordance with the forms furnished by the Minnesota Commissioner.of Highways. There followed a brief review and discussion of the proposed system. Ljungren reported that the proposal had been given preliminary approval by the State Highway Department. Berger moved, Rupp seconded the adoption of the following resolution: MMFYAS, It appears--to the Village Council of the Village of Maplewood that the streets hereinafter described should be designated as Nunicipal State Aid Streets" under the provisions of Minnesota Laws of 1957, Chapter 943; 7 /, 6 �— NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Maplewood that the streets described and numbered as follows, to wit': MUNICIPAL STATE AID STREETS State Aid Street No. 101 Conway Ave. from McKnight Road (C.R. +38) formerly known as East Ave. to Century Ave. (T.H. +100) formerly known as East County Line. State Aid Street No. 103 Maryland Ave. from Lakewood Drive (C.R. +38) to Century Ave. formerly known as East County Line (T.H. +100) State Aid Street No. 102 Sterling Ave. from Maryland Ave. to Larpenteur Ave. (C.R. #50D) State Aid Street No. 104 - English St. from La,rpenteur Ave. (C.R. +50D) to County Road "Of' (C.R. #620) . COMBINAT ION COUNTY AND MUNICIPAL ROUTES State Aid Street No. 502 - Frost Ave. from Maplewood Drive also desigma.ted as U. S. Highway No. 61 to White Bear Ave. (S.A.R. +30)0 excepting the center 24 feet , thereof now designated as County -State Aid Highway No, 56C, State Aida Street No. 501 -» County Road. HB" from Maplewood Drive also designated as U. S. Highway #61 to east city limits, excepting the center 24 feet thereof now designated as County-State Aid Highway No. 59 A. be and hereby are designated as "Municipal State Aid Streets" of said Village, Subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT PMHER RESOLVED, that the Village Clerk is hereby authorized and directed to forward two certified copies of this resolution to the . Commissionef'of Highways for his consideration, that Upon his approval of the designation of said streets, or portions thereof, such approved streets or portions thereof shall comprise the Municipal Slate Aid Street System of the Village of Maplewood, and that same be constructed, improved. and maintained in accordance with the rules and regulations of the Commissioner of Highways, end the provisions of Minnesota Laws of 1957, Chapter 943. Ayes « all Melvin Anderson,- 1567 Myrtle Street, appeared before the Council and complained on as im- proper septic tank and drainfield installation. He explained that the system had not been properly covered. Moritz,.Sanitary.Inspector, stated that the system had been properly Installed .but that he had not recently viewed the property to determine whether it had been covered.. The Council instructed Moritz to investigate and if found to be improperly covered, to require the contractor to do so or to appear before the Council at the next meeting to explain why they did not. Ray Colosimo, 2323 Case Avenue, presented a petition for the installation of'street lights at Case Avenue and McKnight Road and Case Avenue and Lakewood Drive. The request was re•» ferred to the Village Engineer for inveptigation and with power to order the installations. Ljungren, Village Engineer, reported viewing and evaluating tam- forfeit property referred to the Village Council by the Nand Commissioner. The two parcels involved are described as follows: Lot-18, Block 29 Pflueger's Addition to Gladstone Lot 1, Block 6, St. Aubin and Dionls Rice Street Addition to the'City of St. Paul (except Ry R /W) He recommended that the land be approved as non - conservation land as requested by the Ramsey County Board of Commissioners.. Rupp.moved, Schmid--seconded the adoption of the following resolution: 7_ 16 3 WHEREAS, The Board of County Commissioners of Ramsey County by,resolution dated September 9, 1957, classified as non - conservation land certain parcels of land lying with:in.the Village of Maplewood; and WHEMS, A certified copy of the classification.. resolution together with a list of the lands classified has been .submitted for approval of 'the classification and sale of the land classified in accordance with MSA, Section 282.01, Subdivision l; NOW, THERMIM, BE IT RESOLVED That the classification of the land shown on said list as nonconservation land. and the..sale thereof be and .hereby is .approved; and -M IT FURTHER TZSOLVED That the .Village Clerk be and hereby is directed to file a certified copy of this resolution in the Office.of the County Auditor. -Ayes - all Ljungren, Village Engineer, reported that he had .prepared and published an. advertisement for bids for the improvement of certain streets'in City Heights Addition on a time and material .contract basis. The bid..opening .was set. for 8:00 P.M. on October 31, 1957• Acting Mayor O'Mara set a. special meeting of.the Council for that time and date. Pursuant to due call and published and posted notice thereof, the hearing set for 8s l5 P.M..on : this date to consider . the . applicat ion of James Renton, 2090 English Street, fora license to operate. a. piggery. at that address$ was declared open by Acting Mayor O'.Mara. Those persons present .were given an , opportunity to express their approval of or objections to the granting of the.license. A show of hands determined a larger delega- tion favoring approval than.the group opposing. An earlier petition opposing the piggery was examined and: only three of the. six families who prepared, it were found to be present. Berger moved, Rapp seconded that a license, subject to the regulations of the Village Board of Health, be granted until January 1, 1958 at which time the license may be re- viewed as provided in the Village O -rdinance No. 46. Ayes - all A discussion . was held . on .several requests for gas main extensions .by Northern States Power Company.. A request to deviate from.the.established pattern of.gas.main instal-* lations on the east side of.the .road.easement.was,denied. The Council Otermined that this policy would prevail unless it could be shown that conditions prevented the - obser.» vance of this policy. Memner, Village Attorney, agreed to proceed with the preparation of a franchise which would; include and establish in writing .the Northern .States Power - Company's verbal agreement to.move mains.that interfered with Village utility construction. A letter received by Mayor Luebben from St. Paul's Mayor Dillon with reference to the proposed development of.the area.south of Hudson Road adjoining the City County Workhouse facilities was read. Mayor Dillon asked that:the Village Council consider that portion of the proposed development which lies within the Village of Maplewood. He asked that Mayor Luebben appoint a representative from the Village to meet with the City' Planning Commission to discuss the plan. The development was referred to the Planning Commission and Village Engineer for study and report. 'khe Clerk was instructed to acknowledge receipt of the plan and to assure him of the Village's willingness to cooperate and meet with the City of St. Paul on this matter. Mr. Bates, Unit Manager for Northwestern Bell Telephone Company, spoke briefly with regard to the proposed rate increase requested by his Co *parry. - , Pursuant to the terms of a published advertisement for bids for a 1958 model police car, Acting Mayor O'Mara declared the meeting open. at 9 :35 P:.M. for the purpose of opening the a bids received. The published advertisement contained no time for the opening.' Memmer, Village Attorney, advised that in the event of failure to set -a time, the courts have ruled that a reasonable hour would be considered acceptable and that this time could be so considered. The only bid received was the following: r Nam® -of Bidder r r r East Side Motor Sales, Inc. 683 E. 7th Street . Amount of B id $2934.00 The bid noted that the delivery date may exceed 30 days because of the new model change and the extra items required in the specifications. The bid was accompanied by a certified check in the amount of $295.00. It was pointed out that other dealers had indicated their inability to bid because the prices of 1958 models are not yet available. Rupp moved, Schmid seconded that the bid be rejected and that the Village readvertise with the bid opening Set for 8:00 P.M. on November 7, 1957. Ayes - all Donald Bender, Chairman of the Village Recreation Committee, presented the report of that Committee for the proposed recreational areas in the Village. A previously prepared letter, stating the location and approximate cost of parcels of land proposed for purchase by the Village, was read.. Two areas not previously considered by the Committee were brought into the discussion and considered as substitutes for those proposed by the Committee. Both sites were 'to be investigated farther. It was also agreed to investigate further the possi- bility of preparing for submission to Village voters a bond issue sale to cover the pur- chase of property and the development of the property. The Village Attorney advised that it would be necessary to secure cost figures on the purchases proposed to justify the amount of bonds to be issued. Mr. Bender agreed to obtain figures. for equipment needed to develop the areas. Berger moved t Schmid seconded that the Village Attorney be instructed to secure appraisers to determizie the value of property proposed for purchase for recrea- tional purposes. r -Ayes - all. A letter from the Board of Ramsey County Commissioners requested that each local municipali offer suggestions on areas which would lend themselves to development for park or recrea. tional. purposes. These suggestions will then be taken under consideration by the Board for possible acquisition. The letter was referred to the Village Recreation Committee, The Planning Commission reported that it had taken the matter of trailer parking regulations under consideration. They requested additional time for further study before offering any recommendations. They also recommended that no further permits be granted until the recom- mendations have been prepared and submitted to the Council. The Planning Commission reported a discussion on basic minimum commercial building require - ments referred to them for study and recommendation. It was the .feeling of the-Planning Commission that this matter is already adequately covered in the Building Code and Zoning Ordinance. They did not feel they were in a position to make ,any further recommendations at this time. The Planning Commission recommended the appointment of James McGinley to the Ramsey County Municipalities Association Planning Cemmittbei.a. Rupp moved, Berger seconded that James A. McGinley be appointed to this committee as the Village of Maplewood representative* Aye s - all The Council received an application for a trailer parking permit .made ..by Paul W. Coons, 1555 Upper Afton Road.. Mr. Coons planned to live in the-trailer while building a home on the same property on McKnight Road. The .request was referred to the. Building Inspector for investigation and report. Londin, Building Inspector, brought before the Council an application for a building permit made by M. D. McCullough, 1615 Fairview, for a 20 x 36 addition to an existing garage. Londin pointed out that the Building Code allows only a two car garage,.not exceeding 750 square feet, on residential property. This addition along with the existitng garage obviously exceeds the maximum. It.was also pointed out that the business being conducted on the property is non - conforming. To allow an expansion would be a violation of the Zoning Ordinance. It was suggested that the .only solution would be for Mr. McCullough to request a rezoning . of his property. The _Building Inspector was instructed to so advise him. y The proposed plat of the Johajo Subdivision of Block 20, .Sabin Addition was examined briefly by the Council. It was found that lot sizes were not shown on the plat. The Clerk was instructed to- return the plat to the developers noting their failure to comply with Village platting regulations. A request from the :Universal Sign -Company; 460 .N..Dale .St., to erect a sign. for the Credit Bureau of St. Paul on the property of George T. Zacho, , 2393 Stillwater Cutoff was I considered.. Because the sign did not . conform :with the, policy, of the . Village Council requiring that signs advertise only businesses.located on .the.prop.ertyy on which the sign is to be erected, Rupp , moved, Schmid seconded _that the _ request be denied. Ayes .. all The application of William A. Miller,. Jr. , .2627 S.tillva.ter Road, for an .off sale 3.2 malt liquor license for the Ferndale Daisy Store at that same address wae.brought.before -the Council. A hearing on the application .was..set for 0 :30 .P..M.. on November. 7, 1957 by Acting Mayor O $Mara. The Clerk was instructed to publish and post proper. notice. The request of Mrs. Charles J. Boyd, 883 Century Avenue, for permission to sell for building purposes, a 50 foot frontage lot on Kennard Street was reviewed. It was reported that the owners of adjoining _property.. at 1842. Kennard have refused to. sebl property to -be added to Mrs. Boyd's lot .to bring .it up to the 75 foot minimum .frontage. The owners of the other adjoining. property at 1850 Kennard Street . can"teell at the present time but would sell 25 feet for $500.00 in Spring when released .by a bank. Mrs..Boyd does not desire to purchase at that price. The Council felt that if the, - property will become available, they should adhere to the minimum requirement. Permission was denied. A request for the rezoning of Lot 7, Block 21 Hills and. Dales . Add.ition from an R-11 Residence District (Single Dwelling) to a BC Business and Commercial classification was considered by the Council. The purpose was reported to be for the operation of a beauty - shop in a private -home. Acting Mayor O'Mara set a hearing .on the proposed rezoning for 9 :00 P.M. on November 7, 1957, after .learning that more. than 50% of the owners of pro- party within 200 feet of the lot proposed for rezoning had. signed a petition favoring this action. The petition -; was accompanied. and. verified by an .abstractors .certificate of property owners. The Clerk was instructed to publish proper notice of the hearing and notify the property owners within 200 feet of the lot proposed for rezoning. The request was also referred to the ,Planning Commission for study and. report. r 0 iMara moved, Schmid seconded that the Building Inspector be authorized to attend, and to be reimbursed for verified expenses, a meeting of the Minnesota, Building Officials. Association to be held at the Universit y )of Minnesota on October 25, 19570 Ages — all t Berger moved, Rupp seconded that r the Clerk and Treasurer be authorized to attend, and to be reimbursed - for verified expenses, a meting. of the Minnesota Clerks and Finance Officers Association to'be held at the University of Minnesota on October 25; 1957. Ayes — all Olson, village Treasurer, presented a report on the balance in the fund for the repayment of Street Improvement Bonds of 1955 • Because of the substantial payments ' made in cb s?a�- for assessments. levied in the Stanich Highlands Addition,'. sufficient _ 4ds were found available for the retirement of 8 bonds. He also reported that the Council could act to transfer an unused balance in the Street Improvement Fund. .Berger moved, Rupp sewaded that the full balance of $2,441.11 in the. Street Improvement Fund �e transferred to the. Street Improvement Sinking Fund. r Ayes ,» all r Berger moved, OtMara seconded that the following res©lution, be adopted: E &P A.S, It has been reported by the Pillage Treasurer that sufficient funds r are available In the Street Improvement - Sinking_ Fund to retire eight (8) bonds _-from this 1955 issue < and, WHEREAS, The Village Treasurer has recommended that in the best interest of j the Village of Maplewood these bonds should be retired, NOW. 'THEREFOIG BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLIWOOD, MI ESOTA: That the Village Treasurer is hereby authorized and directed--to proceed at once .to purchase eight (8) - outetanding bonds of the. Street Improvement w lssue x of 1955 from funds in the Street Improvement Sinking,Fund. created for the purpose of the ' ret irement of said bonds. > J Ayes all ) Meeting adjourned at 12:05 A.M. J } r r Forrest R. Schmi Clerk K j r a i —' October 319 1957 A� special meeting of the Maplewood Village Council was called to order at 800 P.M• by Mayor Luebbene Members of the Council present weres O'Mara, Rupp and Schmid; absent* Berger• Pursuant to the provisions of an advertisement for bids,, published in the Ramsey County Reviews, official Village newspaper, on street and, storm sewer construction in the City Heights Addition and DaMrs 5th Addition,# Mayor Luebben declared the meting open for the consideration of bids submitted. The following bids were receiveds Name of Bi dde r Sty. Paul Dredging Company 1397 Laurel Avest St* Paul 49 Minn* .T*,Po Sinna and Sonsq Ingo 1 4041 No Victoria Aveet St* Paul 13* Minn* Frank Serratore 1843 Eo Seventh Sto$ St-* Paul, Minn• F. Morrettini Construction Cool Ince 852 Ubstminister St*, St. Paul lf, Minn. Total. Bid $27*423*39 $20.*078*75 $269265s.05 $219810 e45 All bids were accompanied by a 10% bid or proposal bond except the Jo Po Sinna and Sons, Inc*, bid which was accompanied by a check in the amount of $29008*00* Luebben moved* 7 Rupp seconded that the bids be referred to the Village Engineer for tabulation and report• Aye s -w all Mrs• Paterson* Deputy Health Officer, reported on the condition of the facilities of James Hentong 2090 English Street$ for the keeping of pigs under a license granted at the last meeting. She found the pigs had been moved to the corner of the property farthest from adjoining property owners, a'new but had been built and the area found to be clean* She felt she could make no further recommendations with regard to this matter. The Council requested that she draft a set of written regulations satisfactory to the Village Health Departmento If that Department wished the concurrence of the Village Council they could be submitted for approval when completed* The regulations are then to be distributed to those who apply for licenses in the future, Mrs* Peterson also reported that a home owner at 2078 Sloan complained of difficulty with his drainfield system. After digging up the system, it was found that it had not been properly installed• It was suggested that Mrs. Peterson contact Mrs Zvans,# contractor,, for the home involved and order him to correct the situation* If Mr. Evans refused or failed to take corrective action, she was instructed to contact 149mmar$ Village Attorney* who should then-contact Mr. Evans. Mr. Will LaBounty appeared in connection with his application for the transfer of tavern and on and off-sale non - intoxicating liquor licenses for the Boulevard Night Club„ 1740 Rice. Street$ which he is purchasing from the former owner* A report from the Village Police Department included a letter from the Coon Rapids, Minnesota police chief* The letter highly recommended Mr. LaBounty* The Village Police recommended a further check by the Village Fire Department. O'Mara moved* Luebben seconded that Mr. LaBounty be granted a tavern license and on and off-sale non-wintoxi eating malt liquor licenses subject to a check by the Village Fire De par tmento Aye s w all L jungren9 Village Engineers reported the results of his tabulation of bids received earlier in the meeting. He, found three (3) of the bids contained errors in computation with the following corrected bids 'recultings t _ F. Morrettini $229635.5 St. Paul Dredging -Co. t $279423939 J. P. Sinna and Sons, Inc. $21#299.75 Frank Se rratore t $25 ,994505 V: L jungren re commnded that the low bid of $21,299• ?5 of the J. P. Sinna and Sons, Inc** be accerpted. t Rupp moved, Luebbeiv seconded that the- Village Engineer'ts recommendation be approved• t Aye s - « all Nlemmer, Village Attorneys reported the preparation of an undertaking agreement with Ken DrMars incorporated for the construction of Onacre st Curve from Summer Street south to the end thereof in the DeMars 5th Addition. He also advised that the acceptance be made raw troactive to the date of acceptance . of the bond guaranteeing completion of the work, Schmid moved, Luebben seconded the adoption of the following resolution retroactive to July 10# 1957: .$ 17- / b -_ � �5_ r f RESOLVED* That the street construction and stabilization contract between Ken- DeBlars` Construction, Incorporated and the Village of Maplewood for the completion of the following streets: k r t Onacre st Curve from Summer Street south to the end thereof be and hereby is approved as submitted together with a surety bond guaranteeing payment for work ae provided' in said agreement and the Mayor and Clerk are hereby authorized and directed to execute said contract on behalf of the Village. The Village of Maplewood hereby assures the Federal Y Housing Administration and /or Veteran's Administration of the United States Government that the streets provided for in said agreement will be completed without special assessment, contemplated completion date to be September 30,y 1958* and ithe Clerk is hereby authorized and di re eted to furnish certified copies of this resolution to- agencies requiring same* t r t t Aye s w all Upon the receipt and discussion of a preliminary report from Bettenburg, Townsend, Stolte and Comb, Village Sanitary Seger Engineers, on the proposed sanitary sewer construction, it was felt -- advisable to adopt a corrected resolution ordering this report. O'Mara moved$ Luebben seconded the adoption of the ffollowing resolution as an addition to the minutes of the April 189 1957 meeting of the Councils WWREAS9 it is proposed to construct a Sanitary Sewer System throughout the Village of Maplewood and to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minn. Stats *j Secs• 429 «011 to 429.111 ( Laws 1953s Ch. 3989 as amended) s NOW THEFEYORE' BE IT FE:SOLYM BY THE VIIJ.AGE COUNCIL OF MA L&W00D, MINNESOTA: That the proposed improvement be. referred to the firm of BettehbUrg,#: Townsend, Stolte and' Comb) of •t* Paul, Minnesotaq sanitary ,seivex engineers for this Vt11aget for, study and said fimbf Engineers are instructed to report with all convenient speed advising the Council= in a preliminary ,Kayq as to whether the proposed improvement is fe'aEiible and as to whether it should best be made as proposed or in connection with some other ,mprqvementx and the estimated cost of the improvement as recommended• r r Aye s t#u all After further di4cus#on of this matter* Rupp moved* Luebben seconded the adoption of the following resolutions WI-EMAS# pursuant to .resolution of the Council adopted April 18,,195.7 . a) report has been prepared by Bettenburgs Townsend$ Stolte and Comhj Village Sanitary Sewer Engineers with reference to the proposed improvement des-cribed as the construction of a Sanitary Sewer System throughout the Village of Maplewood and this report was received by the Council on Oct- 31* 1957* NOW TRFMFORR IE IT RESOLVED BY THE WILACK COUNCIL OF MOIEWOOD, MIMSOTA: to The Council will consider the improvement deacribed -as thp construction of a Sanitary Sewer System throughout the Village of Maplewood in gecord", ance with the report of Bettenburgl, Townsend, Stolte and Comb and the assessment of every asse ssable . lot g) piece or parcel of land within the corporate limits of the municipality whether- abutting or not based upon the benefits received without regard to cash valuation* -) The- Council is acting pursuant to Minn. Statseq Sees* 429*011 to 429*111 (Laws 1953* Ch- 398 as amended)* The estimated cost of the improvement is $2#500-9000 2* Public hearings shall be held on such proposed improvement described as the construction of a sanitary sewer system: throughout the Village of Maplewood at 8:00 ottelock P.M* on the following dates at the following locations within the Villages Wednesday, - November 20$ 1957, Gladstone School Auditorium, Frost Avenue and Manton Street; Friday, November 22•t 1957$ Beaver Lake Schools Sterling Avenue north of JUghway No* 212; Monday* November 25, 1957, EAgarton School, Edgerton Street and County Road A-2• The Clerk is hereby instructed to give public notice of such hearAngs and improvement as required by law so such persons as may desire to be heard maybe heard at these meetings* Aye s all A request was received from the Village Police Department that an amendment be made to the Burning Ordinance #32„ to allow Village residents more time in the late afternoon. for the burning of rubbish - .especially during the winter season. O IMara moved, Rupp seconded that the Village Attorney be instructed to prepare an amendment to the ordinance changing afternoon hours for burning to begin at 4100 P.M. instead of 6 s 00 P.M. with the same ending hour of 900 00 P.M. is Aye s ** all Ljungren, Village Engineer# reported that the Village forces are ,in a position to under• take the snow plowing of that area of the Village east of Highway No. 619 south of Highway No. 369--west of McKnight Road and north of Larpe me ur Avenue* He recommended that the balance of the Village snow plowing be pe rformie d by Ramsey County forces. Lue bbe n moved, O'Mara seconded that the Village E=ngineer's recommendation be accepted and the following re solution be adopted: RESOLVED# That the Village Clerk is hereby authorized and directed to order the snow plowing of the following portions of the 'Village of Maplewood by the forces . of the Ramsey County Highway Departments All that portion of the Village south of the North St. Paul Village limits between McKnight Road and Century Avenue; All that portion of the Village lying west of Highway Now 61. Ayes.. all Meeting adjourned at 11:45 P.M. Forrest Be Schmid Clerk November 7, 1957 The regular semi — monthly meeting of the Maplewood Village Council was called to order at 7:25 P.M, by Mayor L aebben. Other members of the Council present weres Rupp, Berger and O'Mara; Absents Schmid. Berger moved, O'Mara seconded that the minutes of the October 17, 1957 meeting be approved as submitted. Ayes .- all Delbert Olson, 757 17th Avenue, North St. Paul, requested permission from the Council to wire a house for his aunt, Ellen Lindstrom, at 1971 E. County Road C. Mr.- Olson is a registered Electrical Engineer at Minnesota Mining and, although he doesn't normally do house wiring, he is well qualified to do so. Berger moved, O'Mara seconded that Mr. Olson be given a special permit to wire this one house. Aye s -r all Mr. and Mrs. Paul W: Coon, 1555 Upper Afton Road, requested permission to build a house on a lot 55 ft, wide by 212 ft. deep. Restated that he had purchased this property within the last thirty days and further investigation proved that it was the South 55 feet of Lot 15, Auditors Subdivision #77, which was only 125'feet wide. Ths)left the seller with only V 70 feet for his own house: Mayor Luebben asked Mr.tand Mrs. Coon to wait until Memmer, Village Attorney; arrived to give the'Council a,legal opinion on-the matter. Mr. Wayne Fox, fromPhillijiville Trailer Court, ; asked permission to park a trailer on his property on Pearl Street, east of Waite Bear Avenue. He intends to install his well and sanitation system in such a way that it can be used for the house he intends to build as soon as weather permits next spring. He presented a petition signed by his immediate neighbors, giving their. consent to the trailer. Rupp moved, Luebben seconded that the 90 day permit be granted. t Ayes --r all Mayor Luebben set,8:00 P.M. on December 5, 1957 as the date for the Alley.Vacatibn hearing for Erven and Magd.eline Alford, 1923 E. County Road B, subject to proper. information reaching the Clerk's office by Monday, November 11th, 1957• This alley is bounded by County Road B. German Street, first Avenue (Sandhurst) and.Hazel.StreQt. Dean Speese, 2510 Hazelwoodi appeared with his attorney, Mr. Sidley,_.regarding a house foundation Robert Londin had approved in 1955• The house plan had been approved with 8 inch blocks filled with concrete and rods. The plans also called for rods in the footings. The owner has ; two walls approximately half constructed with 'no rods in either footings or walls. Londin, Building Inspector, suggested a four inch wall tied in with the 8 inch as far as they have already :built and the basement must be completed from there on with 12 inch blocks. The Council advised Mr. Speese and his attorney to comply with the Building Inspectors s requests. Pursuant to the terms of a published advertisoment for bids for. a 1958 model police car, Mayor La.ebben declared the meeting open at 8:00 P.M. for the purpose of opening the bids received. The bids were as follows: Name of Bidder Amount of B id East Side Motor Sales $2846.00 East 7th Street and Maria Avenue, St. Paul Southview Chevrolet Company $3273•$0 303 No. Concord Street, South St. Paul The East Side Motor Sales bid was .accompanied by a certified check in the amount of ,$325.00. Southview Chevrolet Companyl s bid was accompanied by a certified check in the .amount of $327.38. Mayor Luebben referred the bids to the Police Commissioner and the Police De- partment for tabulation and report. Memmer, Village Attorney, arrived and Mr. Coon, 1555 Upper Afton Road, was called back to discuss his small lot. The Council denied permission to build on this divided lot and Memmer advised that any legal action taken would have to be between Mr. Coon and the seller. Raymond Jensen,_ 820 So. Margaret, appeared regarding his drainage problem. Mr. Memmer,. Village Attorney, reported that he has been negotiating with the County: and North St. Paul ,in an effort to. get this situation.. corrected. However, he felt that the Village of Maplewood was in no legal position to start. a' lawsult regarding this inasmuch as the Village itself has no road or land involved. If Mr..Jensen wants to take legal action, he will have to do so privately. Albert Hasting, 2556 Holloway, appeared in, regard to the same. matter. Clerk Schmid arrived at the meeting and took his.place in the Council. Pursuant to due call and published notice thereof, the hearing set for 8:30 P.M. on this date to consider the application for an off sale non - intoxicating malt liquor license was declared open by Mayor Luebben. The application to be considered was for the Ferndale Dairy Store, 2627 Stillwater Road, ownedby William A. Miller. Mayor Luebben called for objections to the issuance of this license, hearing none, Berger moved, Rupp seconded that the license be granted. Ayes - all Joe 14mgitsch, 2680 White Bear Avenue, appeared before the Council and described a drainage problem which confronts him. He is suffering inconvenience and possible damage fro om an improper drainage situation in the area of the Maplewood School, White Bear Avenue and County Road C. The matter was referred to the Village Engineer for investigation and report. - Moritz, Sanitary Inspector, reported on his investigation of the improper coverage of "a drainfield at the home of Melvin Anderson, 1567 Myrtle Street. He reported that the drainfield had been properly installed but not properly covered and felt it was a matter to be corrected by the owner in direct negotiation with the contractor. A further report by the Village Recreation Committee was read. The Committee concurred in the recommendation for substitution of two areas for those originally submitted by the Committee. The new areas are a parcel west of Arcade Street between County Road A.-2 and County Road B and an area north of Highway No. 36 and east, of the Northern Pacific Railroad right -of -way which is presently being used as a state highway department gravel pit. The letter also stated that a preliminary investigation into the cost of playground equipment had been undertaken. In securing this information, Chairman Bender had discussed-the matter with Mr. Lobdell, superintendent of recreational facilities for the City of St. Paul. Mr. Lobdell suggested that professional advice be secured from a playground architect and recommended the St. Paul consultant. The Recreation Committee felt this to be sound advice. Memmer, Village Attorney, reported that he had arranged for an appraiser-to determine values of the property recommended for purchase but the appraiser had not yet beer able to complete his appraisals. Memmer was asked to secure information relative to the placing of a bond issue for the purchase and development of recreational property on the ballot at the December 3, 1957 Village election. After some further discussion, Luebben moved, Berger seconded that the Recreation Committee be authorized to contact a profes- sional playground architect to obtain an estimated cost of basic equipment for the develop- ment of the proposed recreational areas and to compensate said architect for such fees as may be required. Aye s - all The Recreation - Committee reported discussion of the Ramsey County Board's request for suggestions for park and recreational purposes. They recommended that two sites, the Delp swamp area and the area north of Beaver Lake be brought to the County Board's attention The- Clerk was requested to so inform the Ramsey County Board of Commissioners. Pursuant to due call and published and posted notice thereof, the hearing set for 9:00 P.M. on this date to consider the petition for the rezoning of Lot 7, Block 29 Hills and Dales Addition (2145 Atlantic Street) from Rool, Residence District (Single Dwelling) to BC, Bus- iness and Commercial, was declared open by Mayor Luebben, The Clerk reported that the petition had been signed by the required 50% of the property owners within 200 feet of the property proposed for rezoning as shown on the abstractor's certificate provided with the petition. Notices of the hearing were mailed to all the named property owners. The Plan- ning Commissan's report stated they were opposed to the proposed rezoning as an example of spot zoning. They suggested that a limited use permit be granted if there was no opposition from neighbors. Mrs. Robert Johnson, owner of the property, was present and stated she preferred the limited use permit for the protection of her neighbors. Mr. Lonald' wiegert, 2119 Duluth Place, presented a petition opposing the rezoning. Many of the signers were present.' When asked, most of those opposing the rezoning also opposed the limited use permit. Trastee O'Mara pointed out that in most instances of granting such a permit it had been done because a hardship existed. Mrs. Johnson stated there was no hardship., involved. Rupp moved, O'Mara seconded:that the petition be denied. Ayes -+ all Dr. Kenneth 0. Nimlos, Chairman of the Village Health Board, appeared and presented a proposed. set of regulations. for the . control of piggeries which . would . apply to all. future applications for licenses to establish piggeries, under Ordinance. No. 46. The basic elements of the regulations. would also apply to. all presently existing piggeries which fall- under the Ordinance except that the oviners would. not be expected to move buildings where residences were constructed on adjoining property subsequent to the establishment of such piggeries. It was felt that such persons acted with full knowledge of the con. dit ions and at their own risk. The regulat ions, . established by the Board of Health pur- suant to provisions of Ordinance No. 46 and approved by the Council, were as follows: 1. No pig pens or pig buildings, hereafter constructed, shall be closer than 100 feet to any property line. 2. The house and pen should be built.on. well drained and dry ground. 3. All feeds should.be kept in metal, containers with lids.to prevent rodents from feeding on it. _ 4. All premises should be kept as clean as possible. 5.- All fences should be so constructed so pigs cannot get out. Memmer, Village Attorney, presented a proposed ordinance, drawn with the assistance and. advice of Dr. Nimlos, on the disposal of garbage and rubbish.. The ordinance was designed to prevent the burning of garbage in outdoor containers or open fires and to make the householder responsible for.proper disposal. After some discussion, O'Mara moved, Luebben seconded. the adoption of the following ordinance: ORDINANCE N0, 49 AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE AND RUBBISH, PROVIDING FOR THE COLLECTION THEREOF AND LICENSING THE BUSINESS OF G_AMAGE AND RUBBISH COLLECTION AND REPEALING ORDINANCE NO. 7. Ayes « all Memmer, Village Attorney, also presented an amendment to Ordinance No. 20, as requested by the Council, changing the burning hours from a 6 P.M, to 9 P.M. period to a 4 P.M. to 9 P.M. period.. Rupp moved, Luebben seconded the adoption of the following ordinances ORDINANCE NO. 50 AN ORDINANCE AWDING ORDINANCE NO. 20 ENTITLED "AN ORDINANCE BEGULA.T ING AND CONTROLLING THE SETTING, IGNITING OR STARTING OF FIRES WITHIN, NEW CANADA TOWNSHIP".. Ayes � all- Moritz, Sanitary Inspector, requested that. the Council consider .the, matted of closing drainfields and cesspools as soon as possible.after the inspection is made to prevent damage to the system and the resulting improper functioning. He recommended that a reinspection be required if a lengthy delay occurred. He pointed out that there would be some delay in waiting for V. A. inspectors. It was decided to require the system to, be closed within 48 hours and require a re-Inspection if closing is delayed beyond that period. Moritz also requested that the cover on cesspools be required to be within 3 feet of the surface. The Council concurred with this request as well. Leo Saeder, Village Weed Inspector, presented his report for the year 1957• It was read to the Council. O'Mara moved, Rupp seconded that the report be approved. Ayes - 'all A petition for the vacation of the alleys in Blocks 2 and 3 and the alley adjoining lots 1 through 6 and 31 through 36, Block 6, Dorle Park, was considered by the Council. Mayor Luebben set a hearing for 8:30 P.M. on December 5, 1957• The Clerk was instructed to publish and post proper notices,. Trustees Rupp and O tMara were excused from the meeting because of illness. Elmer Wiblishauser, 1752 East Shore Drive, filed with the Clerk a request for permission to build a home on a lot 65 x 110. Attached was, an affidavit from. the adjoining property owners, John G. and Alvina L. Gross that they refused. to sell additional property to Mr. Wiblishauser which would bring the lot, up to the required minimum frontage and area. Luebben moved, Schmid seconded that permission be granted subject to the examination and approval of the Building Inspector. Aye s — all Londin, Building Inspector, reported that he had given Ray McClevich, 1002 Glendon Street, a warning notice on October 18, 1957, to complete the superstructure on the basement in. which he now lives. Upon further inspection on November 5, 1957, Londin found only a small amount of work done. He felt the owner was financially unable. to complete the home and reported the living conditions in the basement unsafe. It was recommended that he be given one further warning and if the work is not substantially completed, condemnation proceedings be started. - Londin, Building Inspector, also reported on the Lee Gray basement home at 2310 Gall. Londin had given Mr. Gray notice to complete his superstructure three weeks ago but found nothing done upon inspection today. Mr. Gray had requested and -received a building permit earlier. No agreement was requested or issued for Mr. Gray to occupy the basement. It was recommended that he be given formal notice to complete the -superstructure immediately or he will be cited for violation of the Village regulations. After an examination of the final plat of Hills and Dales Plat No. 2, Berger moved., Luebben seconded.that the Clerk be authorized to sign it signifying Village approval. Aye s . all The Village Planning Commission's report on the "Workhouse Farm Property Development" proposed to be completed in cooperation with the City of St. Paul, was read.- The Commis- sion agreed with the proposal with the following notes: 1. It is assumed that all Maplewood building code specifications will be met. 2. An effort should be,made to establish continuity of streets in this area and future developments to the east. 3. The Commission agreed that steps should be taken to acquire the land designated for parks. 4. William Bingham was designated as the Planning. Commiss -ion representative in the event of further discussion of the project. Ljungren, Village Engineer, reported on the, field trip he had taken with representatives - of the City of St. Paul on the Workhouse Farm property Development this afternoon. He learned that the project was not planned for the present but several years in the future. He reported that.the City simply requested that the Village.consider working with them to develop the area. They suggested the use of Battle Creek area for open drainage and Ljungren stated this-to be a reasonable request from an engineering viewpoint. The City n also requested that the Council tour the area at a later date and meet with them following the tour. The Planning. Commission's report on trailer parking within the Villages was read. The report suggested that all sections of the building code referring to trailers be combined in a single section. The balance of the report consisted of a series of questions the Plan- ning Commissionn felt must be answered in order to provide the basis fbr a workable system. The report was taken under advisement by the Council. A letter from Ljungren, Village Engineer, with regard to the final cost estimates on Street Improvement Project No. 57-»1, was read. The letter stated work had. been completed and total construction costs found. to teal $49,301.68. Final inspection of the work' found the project completed.in all respects according to the contract as modified by the Council. He recommended that final payment be made from the fund for the improve- ment to T. A. Schifsky and Sons. The total construction costs less previous payments of $36,204.61 leaves a balance due of $13,097.070 Ljungren reported the following change orders required as a result of.modifications of the contract: Change Order No. 6 the deletion of 4th Avenue from Atlantic Street to Duluth Street leaving a total cost of $108,00 Change Order No. 7 the undercutting and backfilling of Lake. Street $870.60 Change Order No. 8 the undercutting and backfilling. on Gordon Avenue. $237,04 Change Order No. 9 «» the undercutting and backfilling of Third Avenue $143.00 Change Order No. 10 - correction in the earthwork and excavation, undercutting and additional bituminous surfacing in Monns Villa $1, 292.00 Change Order No. 11 - undercutting of Grandview Avenue and Service-Drive and filling with granular material. $1,138.50 Change Order No -. 12 - undercutting and backfilling of Germain Street and Service Drive $ 277.33 Schmid moved, .Luebben seconded that the change orders be approved. Ayes -- all Olson, Village Treasurer, asked that complete payment be withheld until he and the Village Engineer could. reconcile the project costs. Berger moved, Luebben seconded Payment °f..' 90% of the final estimate to allow time for the Treasurer and Engineer to prove out final cost figures before making the final 10% payment. Ayes -M all Ljungren, Village Engineer, presented the contract with J. P. Sinna and Sons for the street improvement work in City Heights. anal DeMars 5th Addition. The Mayor and Clerk siga6d ,the contract on behalf of the Village. A letter from the Village Engineer recommended the acceptance of the following streets in the Crestmoor Addition; Bittereweet,Lane from County Road C to.Edgehiil Road Southlawn Drive from County Road C. to Edgehill_ Road Edgehill Road from Bittersweet Lane.-to Su thlftn -Drive all. of which were improved by grading and bituminous surfacing. He noted however that the Intersections of Bittersweet Lane and Edgehill . Road and Edgehill Road and Southlawn Drive have not been properly completed but recommends that the Village accept a $200.00 cash deposit for later'correction of these intersections. Berger moved, Luebben seconded that the Village Engineer's recommendation be accepted. Ayes .. all Ljungren, Village Engineer, presented a letter reporting on the feasibility nd describing a pr' roposed development of an area described as the E of the SE14 of the SE4 of Sec. 16. The development began with the request of Earl H. Ranniger, 1699 English Street, for the improvement of Chambers.Street. Ljungren recommended that the matter be handled as suggested in order to most efficiently utilize the area involved. A copy of the letter outlining the proposal is to'be sent to Mr. 'Ranniger for his , study. The Council will take no further action on this matter until requested to do so. ' A letter from the Village Engineer recommended the acceptance of Summer Street from Jackson Street east to end Ifor routine maintenance. Berger moved, Luebben seconded, that the.Village Engineer's recommendations be approved. Aye s - all Meeting adjourned at 12:50 A.M; Dorothy 4ge jny Deputy Village Clerk Forrest R. Schmid Village Clerk November 14, 1957 A special Meeting of the -Maplewood Village Council was called to order at. 8 :00 P.M. by- Mayor Luebben. Other members of the Council present were: O'Mara,_ _I:hVp, Berger and Schmid; . absent:. none. - 1 Mrs. Peterson, Deputy Realth Officer, reported. that. she found it necessary* to be hosital- axed for a period. of several . weeks .and .asXed that_. someone, .be.. appointed to carry out her duties during her absence. Moritz, ,Sanitary.. Inspector, who _ is familiar with her work, was designated to replace Mrs.,Peterson during.her.absence. Mrs. Peterson reported..that three .possible .Justice _of , the Peace Court . cases are pending which- would necessitate Moritz"s appearance.. .The .three_ are a minfield situation with the Evans Construction Company, a .sanitation...problem,at 223.0,Vhite Bear Avenue ,and the dump: on .Bice Street.. She was asked to brief.. Mr: Moritz . on . these . cases. A brief discussion was. held_ with Acting Police Chief Leonard. Pepin. with regard to the bids received at the . November . 7, 1957 meeting for a new squad. car. It was. decided. to lay the matter over until. the next regular meeting. of the Council. Memmer, Village Attorney, reported on the proper. procedure for the proposed $50,000.00 bond. issue for recreation_.boads. A letter .outlined the .necessary resolution to be adopted by the Council,. the correct .not ice of . elect ion and the wording , to be used on the special election ballot. It .was. decided to hold this special election . at. the same_ time as the annual Village Blection`for economy purposes. Schmid moved, Berger seconded the adoption of the following resolution: '7- PMSOLVED, . that the matter of obtaining funds for the purpose of . buying and improving lands for use as parks and playgrounds within_ the .Village. of Maplewood. be submitted to the voters of the Village as A . proposal. for the issuance of , bonds, the proceeds of which are to be used for the purchase and .betterment_ of lands, for said purposes; that. the proposal. be submitted for the sale of $50,000.00 worth of Village bonds; and. that the proposal. be. submitted_..to the. voters at a Special. Election. to be held on the 3rd day of December, 1957, at the same. hours. and. at, the, same voting places as the regular Village election. 6n-Tuesday,.-December 3rd-9 1957• Ayes -- all The balance. of the..me.et.ing. vas. devoted. to a discas.sion on the_ sanitary sewer system hearings_ .set for Wednesday, . November. 20th, . Friday, ' November 22nd,...and. Monday, _ November 25th. The cost estimates, _ areas. to be.. covered, and...othe.r aspects of construction were reviewed. A plan for the. conduct. of the three meetings_ was, developed and a decision made to furnish a printed summary. of the pertinent. facts_. and figures. Meet ing_adjqurned at 12 :30 A.M. Forrest R. Schmid Clerk November 21, 1957 The regular semi- monthly meeting of the Maplewood Village Oouncil was called to order at 7 :15 P.M, by Mayor Luebbsn. Other members of the Council present were: Berger, O'Mara and Schmid; Absent: Tapp. -- Berger moved, -Luebben seconded that the minutes of the November 7, 1957 meeting be accepted as submitted. Ayes - all O'Mara moved,- Luebben seconded that the minutes of the November 14, 1957 special meeting be accepted as submitted. Aye s _ all O'Mara moved, Berger seconded that the minutes of the special. meeting. held on October 31, 1957 be accepted as submitted. Ayes - all Anthony P. Gruber, 860 E. Hawthorne Ave., St. Paul, requested permission to build a home on Kennard Street on a lot with 60 foot frontage. by 300 feet deep. . Mr. Gruber presented a statement signed. by adjoining property owners that they would not sell any property which could be used to bring the lot up to the required 75 foot minimum. frontage. Trustee O'Mara asked if this lot was one in the area where a property owner has secured a building permit on a 75 foot lot, When the house was built and the adjoining property sold, 5feet of the original lot was added to the second lot to provide a 75 foot lot. The 5 foot over« lap brought the second lot within the minimum. frontage requirement. It was decided to refer the matter to the Building Inspector for investigation before granting permission for a permit. Woodbury Grover, 429 Sherburne Avenue, St. Paul., appeared before the Council regarding the -proposed purchase of a home on the south side of Stillwater Road near Glendon.. He wished to assure himself that the building of a greenhouse in connection with the home was per. mitted before completing the purchase. He was informed that . the property in question is zoned Ba►1, Residence District ( Single Dwelling) and that the building of a greenhouse in that area would be prohibited. Mr. Ray ReCievich, 1002 Glendon, appeared before the Council, at the request of Londin, Building Inspector. Londin reported that Mr. McClevich, who has lived in a basement home at that address since before performance bonds were required, has failed to heed warnings that he is in violation and subject to Justice..Court action. Numerous complaints-have been received from neighbors. Mr. McClevich has repeatedly promised to complete the super- structure but has accomplished little to date. The Council agreed to allow him until January 1, 1958 to complete the exterior of the soperstructare. Mr. McClevich promised. this would be done. Luebben moved, Berger seconded that the matter be referred to the Building Inspector- for report at the first meeting after January 1, 1958. Ayes - all Moritz, Acting Deputy Health Officer, reported that he had arranged for the correction of the Lallier sanitary problem at 2210 White Bear Avenue without court action,.but that he would continue to watch the property to insure the corrective action. Moritz also reported that the dumping of garbage continues on the Rice Street dumping area. Because the previous violators h*4 indicated they had received permission to do so from the holder of the permit to dump fill material, it was decided to ask him to appear before the Council with an explanation. Lee Gray, 2310 Gall Avenue, appeared before the Council at the request of the, Building Inspector. Mr. Gray had submitted plans and been issued a building permit for a completed, home, but had 'instead moved into a basement home without a proper permit -'and without - posting a ,performance bond for completion of the superstructure. Zondin, Building - Inspector, had warned Mr. Gray and "red - tagged" the basement without effect. 10indin finally issued a Justice Court warrant and Mr. Gray appeared in court on November 20, 1 1957• The Justice of the Peace had ordered him to appear before the Council this evening. .After some discussion, Berger moved, O'Mara seconded that the Council allow -Mr. Gray, sixty (60) days in which to complete the superstructure with the exception of the stucco exterior which is to be completed by July 1, 1958. Ayes - all Ljungren, Village Engineer, reported on the drainage problem brought to the Council's attention by Joe Rangitsch, 2680 White Bear Avenue. Mr. Rangitsch had asked that a cul. vert under White Bear Avenue be lowered several feet to permit more complete drainage of the area to the east. Ljungren found that the problem involved a large area and could not be so simply solved. Ernest Radatz, Chairman of the Planning Commission and a pro- perty owner in the area involved, presented a sketch of the larger area and gave a brief history of the situation. It was felt that if a solution were to be attempted it should be done on an overall basis. The Village Engineer was instructed to proceed with a more detailed investigation of the problem and to, prepare a recommendation for the C,ouncil's further consideration. Pepin, Acting Police Chief, reported the results of the Village Police investigation of an apparently improperly licensed truck as brought to the Council's attention by Mrs. Peterson during a check of the Village dump. He found that the duplicate plates were properly registered but the truck was being operated by another individual. He suggested _ the case be held over until Mrs. Peterson is available as a witness in the case. The Council agreed with this course of action. The Village Engineer's report on the petition requesting the improvement of Junction Avenue, also known as Second Street was read.. The letter pointed out that the drainage problem . at the intersection of County Road B and Birmingham was directly involved in the construc- tion of this street. The proposed street would transverse the water storage area leaving no place.to storee storm waters. They recommended that the petition be denied as not feasible because of the storm water situation. Luebben moved, Berger seconded that the Village Engineer's report be accepted. Ayes - all A second letter from the Village Engineer reported on the petition for the construction of Eldridge Avenue from Birmingham Street to Curve Street. The letter stated that the petition had been examined and the site personally visited. The Village Engineer pointed out that if constructed as proposed, it would result in a dead end street which would be difficult to maintain and plow. They recommended that in order to make this improvement feasible, the developer should also be required to construct Curve Street from Eldridge to Belmont. Thib procedure would, be in keeping with the Council's policy of not allow- ing the construction of dead end streets. Examining the map of the area, the Village Engineer found that Eldridge Avenue ran parallel to and overlapped the Great Lakes Pipe .Line Company easement. They did not feel however, that this would effect the constrt e - tion of Eldridge. Avenue. The petition requested that the cost of the improvement be assessed against abutting property, but the Engineer recommended that the developer be required to post bonds guaranteeing cash payment for the work. They estimated the cost for grading and gravel base construction to be $3,750.00 and the bituminous surfacing, bituminous seal coat, plant mix machine laid bituminous curb and boulevard sodding to be $4,960.06. In addition there would be costs of $86,5.00 for Engineering, legal contingencies and etc. The total preliminary cost estimate is $9,515.60. They recommended that two bonds be required. One in the amount.of $6,188.00, which is one and one -half times ;the cost. of the grading and gravel base construction, and. the other in the amount of $8, 085.00, to cover the cost of bituminous surfacing, curbing and boulevard. sodding. The first bond would be released upon the completion of grading' and gravel base construc- tion. O'Mara moved that the Engineer's recommendation be_ accepted and the petitioner be so informed. Berger seconded. Ayes - all The Village Engineer recommended that the construction of streets in the Lark Park develop- ment be held in abeyance until Spring in view of the developers' inability to properly complete the grading. He further recommended that the bid of T. A. Schifsky and Sons be returned and the job readvertised at that time. O'Mara moved, Inebben seconded that the Village Engineer's recommendation to cancel the stabilized base construction of streets in Lark Park be accepted. - Ayes - all Memmer, Village._ Attorney, reported that the developer of the Minnehaha. Highlands Addition does not wish to extend the completion date of the streets in that addition. They wish instead to make a cash payment to the Village for 100% of the cost of completing these streets. In Memmer's opinion that the contract cannot be changed except by mutual agree went and that the Council would. be required to accept this offer. The Village Engineer was instructed to determine a cost estimate for the completion of the street which can be added to the $10,800.00 estimate of cost of final stabilization as contained in the undertaking agreement with the developer. , - Ljungren, Village Engineer, presented the $200.00 check from.John Klune for the completion of street intersections in the Crestmoor Addition as agreed upon by the Council at the last regular meeting. Memmer, Village Attorney, presented the appraisal of property proposed for purchase for park and playground purposes, as completed.by Joseph Bettendorf. The total value of the five parcels, as appraised, amounted to $20,250.00. The Council received a petition requesting the vacation. of the-alley between First Avenue (Sandbarst Avenue) and Second Avenue (Laurie Road.) from Van Dyke Avenue to Hazel Avenue, also described as the alley in Block 19; Smith and Taylors' Addition to North St. Paul. The petition was accompanied by the required abstractor's certificate and $20.00 fee. Mayor Luebben set the hearing on the petition for 8.00 P.M, on December 19, 1957. The Clerk was instructed to publish and post proper notices of the hearing. A letter. from the North St. Paul Village Council requesting the renaming of Joy Road. was read. They requested that it be renamed Lake Boulevard in view of the fact that it is an extension of that road , starting at` the North St. Paul Village limits. It-Was pointed out that Joy Road is a County road and any name change should be submitted for their approval. The Council instructed the Clerk to inform the North St. Paul Council that it.concurs in the renaming and noting it's status as a County road. A letter from the firm of Peterson and Popovich requesting that they be considered to re- , present Maplewood as bond attorneys was read. The Clerk was asked to advise them that Ju.ran and Moody who have been retained for financial advice provide bond attorney service. The Council revievred the plans for the development of the park and playground areas in'the proposed bond issue purchases as submitted by the architect employed by the Village Recrea- tion Committee. The plans were considered to be excellent for use as long range guides for development. The Clerk pointed out that the Council.had failed to adopt the list of judges and election clerks for the. Deceinbe"r. 3, ' 1957 Annual Village Election. Schmid moved, Luebben seconded that_the.following r®solut,ion.be adopted as an addition to the minutes of the -- November 7, 1957. meeting: EESOLVED, that the following named individuals are hereby.appointed.to serve in the precinct and capacity noted for the purpose of conducting the Annual Village Election on December 3, 1957 as required by law: Mary P. Lager Frank J. Fischbeck: Carol Carlson. Lorraine C. Tepe Phyllis Backner Merlyn Hanson Alice Sether Shirley Blometrand Ann Gilbert Renrietta. Nordberg Leo Kaeder .Irene Me _Clellan Loretta A. Pepin Marie Timm Evelyn M. Judkins. Rose A. Bruentrap, Florence Mo rt i z Helen:R. Borglund Rose:G. McShane Joe Rangiseh Precinct 1 3.899 Maryknoll 564 Kohlman Ave. 1800 Flandraa, 1753 Plandrau 1751 Gulden Place Precinct_ 2 1981 Lee Avenue 471 County Road A2 1990 E. Kenwood.Drive 1942 E. Kenwood Drive 1860.De Soto Precinct 3 1083 Sterling -942 Edith 609 Century Avenue 934 Evar Street 958 Evar Street Precinct 4 Clerk. Judge Judge Judge Clerk Judge Judge Clerk Clerk Judge Judge Judge Clerk . Judge Judge 2980 White Bear.Avenue Judge 2291 Hazelwood. Avenue Judge 1559 E. County. Road. C Clerk 1451 County Road C 2680 White Bear. Avenue:-­' Ayes «- all The proposal by the Ramsey County Legislative Research Committee for the establishment of a county -wide .voter registration system was discussed:. Both the Clerk .and. Deputy Clerk-had attended the original meeting .of the Committee on . this sub. ject. The ,matter was discussed again at a meeting of the. Ramsey County Municipalities..Association which the Deputy Clerk had ettend.ed and presented .the!Clerkle,viewpoint. as discussed with other Council members through a letter on the subject. That group had asked that copies --of the letter be sent to all officials of Ramsey County.. The Council agreed.that copies should also be sent to ,all.Ramsey County legislators stating in an.accompanying note that,this is the Maplewood Village Councilrs:position . on..the matter. O &Mara moved, Berger seconded that the .meeting be adjourned.at 11 :55 P-M, Forrest R. Schmid Clerk November 25, 1957 These are the minutes of an adjourned special meeting of the Maplewood Village Council called for the purpose of conducting a hearing, pursuant to published and posted notice thereof, on the proposed improvement of ,the Village of Maplewood by the construction of a sanitary sewer system at an estimated cost of $2600,000,00, which was opened at the Gladstone School, Frost Avenue and Manton Street at 8:05 P.M. by Mayor Luebben on Wednesd.a -9 November 20, 1957, recessed to 8:00 P.M., Friday, November 22, 1957 at the teav*er Lake School on Sterling Avenue just north of Highway No. 212, and again re- cessed to'8:00 P,M., Monday, November 25, 1957 at the Edgerton School, Edgerton St. and'County Road A-2* Members of the Council present at each of the three (3) separate .sessions which comprised the hearing, were: Mayor Luebben, Trustees-01Mra and Bergw and Clerk Schmid. Trustee Rupp was absent* Mayor Luebben opened the hearing on November 20, 1957 with an explanation of the purpose for calling the hearing, stating that the Council and its technical advisors .Would first present.all the preliminary information and then the meeting would be opened to questions and objections to the improvement. Before the formal portion of the hearing. the Clerk announced the Annual Village Election to be he Tuesday, December 3, 1957s giving precinct locations, polling hours and officers for which voting was to be conducted. He also announced I the .Special Election to be conducted on the same date, at the same polling places I and during the same hours for the purpose of determining whether to issue $509000000 in bonds for the purchase and d I evelopment of parks and playgrounds, Mayor Luebben declared the hearing open at 8:10 P.M. and introduced Trustee O'Mara* who he explained was the council member in charge of public utilities. O'Mara briefly outlined the history of the negotiations with the City of St. Paul by the Town of New Canada Board of Supervisors, the subsequent formation of the Village of Maplewood and the re-opening of negotiations by the Village Council* He then stated the general nature of the improvement proposed and the area to be covered as shown on a large . map of the Village* He further explained that all present construction was designed to serve those areas not in the initial phase. OtMara then introduced Edward Kishel representative of the firm of Bettenburg, Townsend, Stolte and Comb, sanitary sewer engineers for the Village, .W. Kishel presented construction details, the locations of hookup points with the City of St.*Paul and other pertinent information. He stated the estimated cost of the project, based' on 'a' preliminary engineering I . I survey, to be $1,986,950.00, The estimated number of assessable front feet were 266,000, making a front foot cost of approximately $6400,' m Service connections from the .. center .1 of the street eet . to the property line were estimated at a cost of $2o50 per foot and using an average of 30 feet for each connection, the total cost of . these lines would be $165,000.00, He then offered to answer any questions during that session later in the meeting® Trustee O.I,Mara then introduced Robert Sander, representative of Juran and Moody, fiscal agents for the Village. W. Sander presented a preliminary financing report explaining that the figures given were based on estimates, averages and assumptions but that a1l were as accurate as possible without knowing the actual figures when the work is completed. Using a recommended division of 85% on direct assessment and .15% on general taxation, the total cost to be assessed against benefitted property would amount to $1,761,000400, The a . verage . annual principal and interest payment on the total cost of the project will amount to approximately $l65.5'oo,,00.* the income by assessment would amount to $14loObO,00 annually, requiring a general tax 1 . evy of 3� 411s, based on the present assessed valuation. or $2460040 to meet the annual cost. He also* pointed out . t . hat by using 1. the commonly accepted . standards of measurement of a municipalities credit rating, the Village of Maplewood is in a good position to issue the required bonds* He also presented an example of the cost to a home owner with a $12,000.00 home on a 75 foot lot, The total annual cost including assessments# general tax levy and service'eharges would amount to $69988' annually '-or $5.82 monthly* Mr, Sander also offered to answer questions at the appropriate time in the meeting* Mayor Luebben then introduced Clerk Schmid who reported on the proposed sever rental charge of $2.,00 annually* . Of this amount $14-00 will be paid . to the City of St. Paul* Billing is to be done by the County Machine Accounting Department on a quarterly basis, with payment to be made at the Village Office. Mayor Luebben then called on Trustee Berger for a report on the anticipated method of handling road repairs following the sewer construction* He pointed out that by withholding the resurfacing of these roads until the year following the installation of the severs the residents could expect a better driving our. face'because' more complete . settlement .. will have t'aken"place. ' Although it is s to be expected that residents will have to suffer some inconvenience* the Village will 'maintain the streets i .1 a . p . condition until the final surfacing is done* In a majority of cases the roads will be superior to those presently existing because it is intended to provide proper stabilized base and full width driving surfaces du'ring*t'h'e­'road reconstruction . on ... phase of the . pr . ogram. ... Financing, . . . he pointed out, was not included in the*sewe'r construction costs and could not be. given at present because the*Village is unable to anticipate costs and aids that may . .. be forthcoming t I.. o .1 h . elp in .. the h I e ayment .. f . or I the work After a brief summary, Mayor Luebben explained that a fact sheet would be distri- bu,ted 'giving the above mentioned estimated figures* The meeting was then reconvened and Mayor Luebben asked for objections to the proposed improvement* The question was asked if objections could be raised after 0 .. eitaii­ qu6si ions had been a'n'sw"erede­­The­ May"or* explained that objections could be' stated 1a''ter'in this meeting or at . either ther 0 . f the two .. later meetings* There were*no obj66tioi6 voiced upon Myor Luebbens further 'calls for such .. objections* The Mayor then offered to answer or have answered by other members of the Council and consultants any questions, the persons present might have* Robert Casey# 2018 Dieter Street, asked if there would be a general vote by the 1 citizens on the question of making . t . his improvement It was explained that only the Council would I vote. and that these . . hearings I were held for the purpose . of ,determining the attitude of the citizens* W, Duligan, 2137 Duluth Street,, asked if the sewer lines could not be con- strueied'a't the rear of the"homes*rather than in the streets. **'Kishel pointed out that it is more economical to use . the center of f the street treet in order to establish and maintain a patterno He also pointed out that there are many c6mplicaiions' involved in using the much narrower utility easement or alleys at. the rear of . homes including the i nte I rference with other utilities and possible damage to private property. Art ;* Dahl, 2152 Prosperity Road, asked if vacant lots already platted would be assessed, He was told that they "would but that unplatted acreage would not be assessed except for any connections made at an average frontage for the area, A deferred a 6nnection charge' would be made later when the property was platted to replace the original assessment. Thomas Shaver, 1746 Birmingham, asked about the distribution of costs when future additional. projects are undertaken in the Village. It was explained that a similar plan to the current proposal would be used. The gpestion was asked if a St. Paul sewer line existed in the street if the hook,* up was made to that 1 line would there be an assessment by the Village against the . r. property owner. It was.answered that there would be no Village assessment because that payment would have been 'made to the ' City of St. Paul. but that the property owner would pay the general tax Aevy, R. F. Lippoldt, 1493 Grandview avenue, asked about the sorm sewer program. It was pointed out that this was entirely separate and was not considered as a part of this improvement except in the one ease of the addition in which, Mr Lippoldt lives, the North Glen Addition, because of an unusual situation which exists there. George Rossbach, 1406 E. County Road Cv asked about the plans for the area north off' Highway No. 36* It was pointed out that the permissive ordinance with the City of St. Paul did not permit hookups for that area. Current construction plans do provide'foar the eventual connection of this area however, when the area is sufficiently developed to need theme Wo Floursheims 1260 ;unction avenue, asked why that portion of ;unction avenue on which he lived had beeat omitted from the plans, It was explained that it was merely an over -sight in preparing the map and that .it was passible to provide the service there,* George Carlton, 221,E Stillwater Road, asked the status of churches and parochial schools as to assessment He was told that this type of property was considered as' assessable when benefitted. There being no Further questions, Mayor Luebben recessed the meeting to 8:00 P.Me on Frida ,November 22 19.'� at the Beaver Lade Schcaol. At 805 P M. ,on Friday, November 229 1.9579 the hearing on the proposed improvement Of 'the Vi la off' ►plewood b the construction of a sanitary $ewer system" was . Y ,. aea-lared re- opened at the tpiver Lake School by Mayor . Luebben. die then introduced Trustee Ofrara who again outlined ' the general. history and nature' of the imp, men * . Trustee O'Mara introduced Edward Eii,shel and Robert Sander @ach of whom presented the same information as was given at the earlier meeting. Each again offered to answer any ckuestions that might arise* Mayor Luebben then introduced Clerk Schmid who gave the announcement of the Annual Villages Election and � Spoaial ' Election prior. to repeating the in.formaticn -bn 'ih® sewer rental charges presented at the November 209 1957 meeting. Trustee Berger was then called upon to cover the proposed road reconstruction plans following the installation of the sanitary sewers. Mayor Luebben then called on l mme�r, Village Attorney, for a brief statement in connection with' the project. Following this the meeting was briefly recessed while the information sheets were distributed,* On reconvening the meeting, Mayor Luebben called for objections to the proposed improvement* One gentleman-, : who did not give his name, objected stating that action on the impx`o�emet should be withheld for six months to give the people an opportunity to think the matter over. A. No Anderson, 2641 Midvale Plane, objected stating that the Village should vote on the improvement and that it should not be decided by the Council. Memmer, Village Attorney, then briefly described the provisions of the State law which the Council is following in considering the proposed improvement, He pointed out that these meetings are being held for the purpose of allowing the citizens of Maplewood to express their feelings on the matter. He further explained that anyone Oho felt that the Council had acted contrary to the wishes of the citizens had redress through court action to halt the improvement. Raymond Jensen, 820 South Margaret, asked several questions regarding the road reconstruction. Trustee Berger undertook to answer him. Charles Phlager, 827 Sterling Avenue, asked if it would be mandatory to hook up to the sewer once the line had been installed, He was'told that'if probably would within a period of time yet to be decided. It was pointed out that the purpose of the construction was for health reasons and to allow some not to connect would defeat that purpose. He also asked about the advisability of using a number of different contractors to complete the project, Mr Kishel answered this by pointing ' out ' that it would generally provide the .lowest, bid or combination of bide. One contractor could bid on all the individual pro jeeta if he wished J. M. Theteran, 2492 Stillwater Road, asked if the actual cost might not vary greatly from the estimate. 'WO Kishel stated that it was possible but that" he felt'his estimate to be conservative and he'did not feel it would be exceeded. Ernest arayves, 1070 Lakewood Drive, asked if it would not be more economical to construct our own disposal system. W. Kishel again answered stating that it wou d not. To ' install our own system would require an extremely expensive trunk line in order to Nerve the entire area. RAy .olisemo, 2323 Case Avenue, indicated he would not be served, by the proposed system and asked if it would cost him more'at such time as a system was installed to servi "him. 'It was explained that an attempt was generally made to seta uniform cost but than it could'be slightly"mre expensive in the future. He also asked if the decision to install the sewers would lower the lot Ia ze restrictions, Iie was told it would hot bee'ause'of the water situation.. Dick Gammon, 938 Ever Street, asked if any figures had been obtained on the cost of installing the lime from.the property line to the house. Mr, Kishel explained that it could b® expected that the'cost would be slightly higher because of the added responsibility the contractor would assume working on private property,, Mr. Christianson, 2272 Van Dyke, asked if installations are placed in streets not presently constructed as shown on the map would those streets be eomplete'd'at the same time. It was explained''that it'would depend on whether there were homes to be served or the'itreet'was just being used to reach another area. James Alexander, 2225 Hazel, asked if the bonded indebtedness being undertaken to 11 complete this project would make it excessive if the school district would wish to secure additional money. He was told it ' would ' not affect.. the .11 smhool districts ability to obtain funds. He also asked about storm sewers' Chris Hanson asked about the position of cemetaries, schools and churches for a8ses . sment purposes. He was told they would be assessed to the extent they are benefitted. James McGinley, 1044 Franzmeier Street, asked if one line would be permitted to serve two separate homes. He was told it would not unless one were behind the other, William DeLange, 2659 Harvester, asked the assessment position of a lot that goes from one street to another.. He was told it would be assessed only on the side on which aconnection is made but should it later be sold and a connection needed on the other side, a connection fee equal to the assessment would be charged. Mro Soderbeck, 1030 90 Ferndale,, asked about a narrow lot running parallel to the street. He was told that the average would probably be used for assessment purposes, Raymond Jensen, 820 South Margaret, asked if a contractor would be bound by the contract price if he ran into an unexpected trouble-some situation. He was told that the contractor would be bound by the contract price. Mayor Luebben then called for any further objections to the improvement. Hearing none he recessed the meeting to 8:00 P.M. on Monday, November 25, 1957. at the Edgerton School, The recessed meeting of Friday, November 22, 1957 was reconvened at 8:05 P.M. on Monday, November 25, 1957 at the Edgerton School by Mayor Luebben. The Clerk repeated the announcements concerning the Annual Village Election and the Special Election to be held Tuesday, December 3, 1957- Mayor Luebben then declared the hearing on the proposed improvement of the Village of Maplewood by sanitary sewer system construction reopened and introduced Trustee OOMara. Trustee OQMara covered the same information as in the initial meeting and presented some additional material on the area of the Village west of Highway No. 61 in which the meeting was being held. He then introduced Mr. Kishel. Mr. Kishel again presented the general construction plans proposed for the initial phases of the program with special emphasis on the plans for the area west of Highway No. 61. He pointed out that the possibility for connections was not as remote 'today as was thought six months ago. With the progress being made in the City of St. Paul it can be anticipated that some connections will be granted in the near future. Trustee O'Mara then introduced Robert Sander who presented his material on the financial. situation, Following this, Clerk Schmid and Trustee Berger presented the information con- cerning sewer rental charges and road reconstruction respectively. Flemmer, Village Attorney, was introduced by Mayor Luebben and explained the operation of the state law on improvements such as this sanitary sewer system plan. The information sheets were then distributed. Mayor Luebben then reconvened the meeting and declared it.open for questions and/or objections. R.O. Lange, 1861 Jackson Street, who lives in an area not planned for connections in the initial stage of the program asked what his costs would be. He was told that he would pay only the general tax levy but no assessments or rental charges. Dan Puffer, 2182 Payne Avenue, asked about the Village debt. Mr. Sander went into greater detail as to the financing of the project and explained that the bond issue required for this improvement would not preclude the issuance of future bonds for additional sanitary sewer projects in other areas of the Village nor would it prevent overlapping governmental units from issuing additional bonds. Louis Gilbert, 1916 Kenwood Drive, asked for more information on the handling of road reconstruction and the cost thereof. trustee Berger answered his questions noting that without knowing the exact nature of the work required and the amount of outside funds available, it was difficult to present exact answers. Bernard McGee, 996 Century Avenue, asked if the residents of Washington County along Century Avenue would be given connections. It was explained that the permissive ordinance did not permit connections for anyone outside of Maplewood. In answer to his question on the reconstruction of Century Avenue, it was Pointed out that the line would be run alongside the road in this instance, John Mullin, 2105 Duluth, asked if the bonds would be sold by sealed bid or private sale. Mayor Luebben stated that the final decision had not been made but would probably be made by private sale because of a J%,*' service charge which will offset any difference in any competitive bid. Abe Brandon, 977 Century Avenue, asked if the mill rate would be increased when additional sewers are built. He was told that it would but that it could be expected that the mill rate would decline as assessed valuation increases.. Robert Hanson, 2029 Edgerton Street, asked how soon the project would be completed if started next summer. He was told that the major part of the work would be completed in 1958 but some of the fringe areas would g probably continue into 1959* Edmund Bergren, 2456 White Bear Lvenue, Basked about the area north of Highway No* 36* It was explained that the present ordinance with the City of St. Paul does not permit connections north of Highway NA, 36. It was further explained that except for a few widely separated areas it is not sufficiently developed to warrant the construction of ai system, Provisions have been made for the later addition of this area, however* Raymond Schorr,asked if it would be required that connections be made when the sewer is available. He was told that it would within a specified period. Don Wiegert, 2119 Duluth Place, asked if any thought had been given to providing a water system rather than sewer„ He was told that the council felt most people would prefer to have their own water. Paul Jenson, 1873 Tacksons asked how the area west of Jackson Street would be served* Mr. Kishel explained that there is a.ma.jor line in the City that would serve the area but that it is not close enough to consider a connection a :t the present* William Thompson, 1939 Flandrau Street, asked if a sewer rental charge would be made before the house is hooked up. The answer was that it would not. P. R. Ludwigson, 693 East County Road Apt, asked if he could connect at either the side or front if the line ran on both sides. He was told he could. .Don McClellan asked about the assessments in an acreage situation. It was ex. plained that only an average frontage assessment would be made if unplatted David Brandon, 977 Century Avenue, asked if the council had considered that the system was too expensive for some of the Village residents, He stated his objection on this basis and felt that a water system was more important, Mayor Luebbe.n then called for any further objections to the proposed improvement, Hearing none, he pointed out that the decision as to whether or not to order the improvement would be made at a regular meeting of the council* He then declared the meeting adjourned at 10935 Pam. Forrest R. .So id Village Clerk December .5, 1957 The regular semi- monthly meeting of the I.plewood Village Council was called to order at 745 P.M. by Mayor Luebben. Other members of the Council present were a 0aNara, Rupp-, Berger and Schmid; Absents none. The minutes of the November 21, 1957 meeting were read, O ° Maara moved, Berger seconded that the minutes be `accepted. as read. Ayes - all Anthony P, Gruber, 860 E. Hawthorne Avenue, reappeared to hear the Building Inspectors, report on a 60 foot frontage lot on Kennard Street near Frost Avenue, Building inspector Londin reported that the description of the property is Lot 489 ;exoePt the south 40 feet thereof, Block 2, Carden Acres Addition, He found that it was ' a part of the property involved in 'a prev�,ous transa6tion where five (j feet of one lot had been used in the description of the second lot, leaving the first under minimum frontage r6quirements. Londin, recommended that the permit be denied. After some diecussion,:it was decided to have the Building Inspector further investigate the sizes and descriptions involved and report his findings at the next meeting* Earl H..Ranniger, 1699 English Street, appeared in regard to the proposed develop - meet of the area to the north and west of Larpenteur Avenue and English Street as prepared by the Village Engineers A. copy of the recommended platting had been sent to Mt°, Ranniger with the information that any further action would have to be initiated by him and the other property owners involvedo After checking the plat it was found that the owners of only one -third of the lots were interested in the development at the present time, Mr. Ranniger was advised to contact the other property owners in an attempt to convince they: of the fact that the property should be developed. When he gained sufficient support he could return to the Council for approval. Frank MGinley, 2044 Prosperity Road, appeared with regard to Harris "enue. He requested it be opened for temporary use as a public road to provide a secondary exit for the home owners on Nona Place and Rosewood Avenue. He reported that-drifting snow had made passage difficult on Nona Place and might prevent access for emergency- Vehicles at some time in the future. The Council felt, that in view of the drainage ditch recently completed on Harris Avenue at the request of W. McGinley and other nearby residents, it would be unwise and impractical to now use it as a public road. Because of its narrow width, it would be difficult to plow. It was suggested that Kennard Street be considered as a possibility. The matter was referred to the Village Engineer for study and recommendation. Pursuant to due call and published and posted notice thereof, the hearing set for 8s00 P.M. on this date to consider the petition for the vacation of the alley in Block 31, Smith.and Tayors Addition to Forth St. Paul was declared open by Mayor Luebben. The block is bounded by County Road B. German Street, First Avenue (Sandhurst Drive) and Hazel Street. The petition was signed by five of the seven property owners. Mayor Luebben called for objections to the granting of the vacation, Hearing none, Berger moved, Rupp seconded that the fo lowin resolution be adopteds s `7 -�- -� "WHEREAS, the owners of more than 50% of the property abutting on the alley in Block 31, Smith and Taylors Addition to North St, Paul, having filed a petition for the vacation of said alley, and WIJEREAS,o the hearing on said petition was'pPreceded by two weeks' published and posted notice, .a,nd "WHEREAS, no one has appeared in opposition to said. petition, and "WHEEREAS, it appears for the beet interest of the public that said alley be vacated, NNOW9 Tf MFORE, BE IT RESOLVED by the Village Council of Maplewood, 14nnesota ih it the alley in Block 31, Smith and Taylors Addition to North St.-.Paul., be and the same is hereby vaeated.m Ages - all °sp Peterson, Deputy Health Officer, reported on the dumping.violations at the Rice Street dumping area,, In .checking with the permit holder she learned that he had not given permission to anyone except W. Tschida who is permitted to dump fill dirt, The violators will be brought into Justice Court* Mrs. Peterson also asked consideration of the problem` of` filling cesspools and � eeptie tanks in eases where connections are made'to sanitary sewers. It was suggested that for the present the filling not be made a rigid requirement but simply request that it be done. In .cases where the sewer line runs through the tank, it is required that the tank be filled to the level of the sewer line* It was also decided that the cesspools and septic tanks should be pumped before filling with dirt'to prevent.the sewage kom overflowing* Notification of this is to be given at the time a permit iw issued by the Clerk's office. Pursuant to due call and posted and published notice thereof, the hearing set for 8230 P,M, on this date to consider the petition for the vacation of the alleys in Blocks 2 and 3 and the alley adjacent to Lots 1 to 6 inclusive and Lots 31 to 36 inclusive in Block 6, Dorle Park, Ramsey County, Minnesota (bounded by County Road D, Alice Avenue, Hazelwood Avenue, and the south lot lines of lots 6 and 31, Block 6) was declared open by Mayor Luebben. He called for objections to the proposed vacation. Hearing none, Rupp moved, Berger seconded gnat the following resolution be adopted: "WHEREAS. the owners of more than 50% of the property abutting on the alley in Blockq 2 and 3 and alley adjacent to Lots 1 to 6, inclusive, and Lots 31 to 36, 'inclusive, in Block 6, Dorle Park, having filed a petition for the vacation of said alley, and "WHMAS, the hearing on said petition was preceded by tvo weekfs published and. posted notice, and "WHEREAS, no one has appeared in opposition to said petitions and "WHETWAS, it appears for the beat interest of the public that said alley be vacated, NNOW,THERZFOREs BE IT RESOLVW by the Village Council of Maplewood s Minnesota that the alley in Blocks 2 and 3 and alley adjacent to Lots 1 to 69 inalusive, and Lots 31 to 36, inclusive , in Plock 6 Dorle Park, be and the acme "ia hereby vacated.p Ayes • all Moritz, sanitary Inspector, reported that in some cases cast iron pipe is being used for lines running to septic tanks in preparation for the day when sanitary sewer connections will be made. 'The question then arose as to whether the sanitary ina- Spector or the plumbing inspector should make the inspection. It was decided that for cast iron, the plumbing inspector will handle the inspection. The sanitary. s' ictor will continue to handle all inspections involving other r aterials"ab at preisent. It will be necessary for the two inspectors to notify each other of installati one be- longing to the other. It was also suggested by Trustee O'Mara that an effort be made to secure the information when the permit is issued and note it on the permit. Ljungren, village Engineer, arrived and reported that he had prepared the necessary cost information "on the road work completion in Minnehaha Highlands Addition. Ybumaer, Village Attorney, reported that upon receipt of the information, he had informed the developer9s attorney by letter of-the final street costs. The total final estimated cost is $13.894 -01, which includes the bituminous stabilization, necessary gravel for final stabilization and street signse In addition to the above there will be re•.imbursements to the village of work performed during the past summer on the gravelIsub base and culvert work completed along Ydanehaha ,venue. Mayor Luebben reported that he had received a letter from Bronson$ County Engineer, stating that a settlement had been reached with the Soo Line Railroad covering the cost,of construction of the bridge on Larpenteur Avenue over the Soo Line tracks at DeSoto Street. Memmer, village Attorney, presented the required resolution necessary for the r acquisition of tax forfeit land. Luebben moved, Berger seconded the adoption of the following resolution: "RESOLVED, That the village of Mplewood make application to the Land Commissioner of Ramsey County for conveyance of the following described tax forfeited lands: The north 356.95 feet of the south 691.9,E feet of the east 338.7 feet of the west ' 4485 feet of the Southwest I of Section 2, Township 29, Range 22 and The north 51.5b feet of the South 732 *19 feet of the west 264 feet of the Southeast I of the Southeast I of Section l6, Township 29, Range 22 MI The North 51* 56 feet of the south 783 *75 feet of the west 264 feet of the southeast I of the southeast I of section 16, 'Township 29, Range 22 and that such application show that the purpose and use intended by the Village is ' fob° recreation, playgrounds, ponding area®, and streets, and that the Village Attorney be and is hereby instructed to prepare said . application. Ayes .X11 L,juASMn, Village Engineer, presented a report on the proposed purchase of a culvert steazer. He recommended that it be purchased mounted on a trailer because of its size ' and in'' order to ' pr ®vide ready mobility. He also suggested that the Council con- sider an-auxiliary electric power device for the steamer, The Engineer was authorized to prepare specifications calling for bids on the basic unit and an alternate bid with the auxiliary electric power for discussion at the next meeting. The recommendation was also made that the Village eonsider the purchase of an oil distributor for use in maintaining present roads and eventual use in the road recon- struotion program. The Engineer was authorized to investigate this equipment and make recommendations to the Council. The Village Engineer was also authorized to investigate the possible purchase of a used government surplus truck to be used for road maintenance. L,jungrens village`Engineer, reported that he had made some preliminary contacts with W. Harvey Aurmor, Engineer for the Housing and Home Finance Agency which lends money . without interest or carrying charges to municipalities for ' the purpose of conducting preliminary planning; for atonic sewers and other similar utilities* He was asked to secure additional information on this utter. A suggestion was also made that the Village investigate the possibility of securing Federal Aid for interceptor lines..in sanitary sewer systems*' This matter was rem ferred to Trustee O'Mara and the Village sanitary sewer Engineersp Ljuagren, Village Engineer, reported that he had .reeeived notification of a change in poliay -in the administration,of funds for the Mmicipal state Aid Road System. The. channge authorized the payment of 'an amount not to emceed $1,, 0040 per mile nor more. ►han 25% of the aid authorized which could be used for m�aintenanoe purposes without the nee d for detailed reports. 1. The Clerk, acting'as canvassing agent for the Council, reported the following results 6f tha ;�e'eibeil • 1.95' Annual Villogo' Elections M Qr (2 year term) Waldo Luebben 797 George H. Carlton 744 ITzmUstee ( year term) Edward O'Ykra l207& Ciiii ►t Hanson �. d simian l vi iiain zngleman 1 Ed Smaii 2 �3iek Teehorek 2 Herbert Bond 2 George Ormsby 1 Lyle, ,Swanson 1 L. Casura 1 Ed Toungbauer 1 Valdo E. Luebben 1 usurer (2 year terns) Lawrence Olson I300 Wo.. Pre, ak Roee l ,Axidrew SShuster 1 David. 2ailey 1 Herbert Bond Tusticse of the Peace (2 year term) Rdseoe.Brown 7p2 .Byron Holig 723 Edward Th iel 1 Constolm � (2 year term) Anthony lftria no 1276 * Loii6k, ' ..Edward . 1 O f Clara 1 Bob index►son' 1 uii P, dilbert 1 The report was alp proved by the 0 ounpil * %S' Clerk then reported the following results of the December 30 1957 Special Rleation vhie�i livolired a t00040 bond. issue for the aeg,uisition and better2+ent of land wit�iin'. tbi Village for , psi is and playground di-Val o; ilt Tes 4,94 This report was also approved, by the Council• Petition* A submitted by John H. and ;OsephiAe . Mhlke, 1496 3D county Road 8, for tbeacA ono the' alla in. Hl' ak 24'# 1 Sabn: Additift '° on Eldrid vehu6 "e`er hrilo "'(bu ke ) avenue was brow t to the Counail s - Mentio -A* or Webben set a hearing on the petition for 8.00 P.M. on Tanu4a7 2j, 1958.o The Clerk was instructed to publish and post proper notices. Yb eting adjourned . at 11030 P.M, Forrest R. Sell. Clerk De combs r 19 : 1957 The regular semi - monthly meeting of the Maplewood Village Council was called to order at 7.rlO- P.M. by Mayor Luebben. Other members of the Council present were s O'Mara, Berger and Schmid; Abidentl Rupp. Berger moved, 0 ftra se -toads d that the minutes of the December 5, 1957 re gular meeting be accepted as submitted. Ayes - all - O'Mara moved ► Luebben seconded that. the minutes of the .November 259 1957 special meeting be accepted as submitted. Ayes » all Reverend Mathews of the ,pacific Community Church 463 E. Nevadan appeared, before the Council aa4 explained that the property the Churgh had previously owned had been condonwd ` ' r highway use --by the-Highway Departrppat. The. congregation now proposes to build a church on the corner of Atlantic Otreet and East County. Road "B".: (Trustee Rupp arrived at the meetingg at this point) They are considering purchasing Lots 25 through 30 in Block.59 Clifton's Addition which would give them an area of 240 feet in width by 1_95 feet deep. The Zoning Ordinance a permits the building of a church in a .residential area - so:there would be no problem in this respect. The only question in- volved is determining if sufficient . off - street parking space is available. They pro- pose to construct a building with seating capacity of 220 -250 persons. The Zoning Ordinance stipulates one parking space for each 12 seats in the church building which would mean providing - approximately 20 parking spaces: It was found that there is ade- quate space availabls. It was also learned that they plan to build the super- structure immediately. The Council indicated that there was nothing they could foresee that would prevent them from building on the proposed site* Elroy. Roecker, 2370 Gall Avenue, asked for a trailer parking permit. The trailer is to be used on a part time basis and has proper sanitary facilities. Luebben moved, Rupp seconded that a 90 day permit be granted, subject to renewal if there are no objections* Ayes - a11. The Council requested that the Clerk notify the County Auditor prior to April 159 1958 of the location of all trailers parked on private property within the Village of Maplewood. Mrs. Peterson, Deputy Health Officer, reported on a rat complaint at 1721 Sylvan Street made by Mrs. Morris as a result of the neighbor keeping goats in the area. Upon investi- gat.ion, Mrs. Peterson found no other complaints nor any evidence of the goats as the- cause for the presence of rate. Inview of this, she had allowed the owner- to keep his goats. Londin, Building Inspector, reported on the small lot on Kennard proposed for purchase by A* P. Gruber r . Because the Building Inspector had no present way of knowing the amount of property owned by any of the individuals who have previously purchased property from Ray Pogue, Londin suggested that Pogue be one qui re d to furnish a certificate of survey on each of the, lots involved before the current permit for building is granted. The Council agreed with this suggestion and asked Londin to inform Mr. Pogue of the decision. Al Schilla, Chief of the Gladstone Fire Department, brought to the "Council's attention the fact that there is a state tax of 2% on Fire Insurance policies which can be se cure d by Villages which sponsor Fire Departments. He proposed that we investigate the situation to dotermine just what the sponsorship Involves. The matter was referred to the Village Attorney for invests gat ion. Mayor Luebben asked Trustee O'Mara for a report on his investigation of the possible Feder' e, %Funds =for the construction of interceptor sewer lines o 'Trustee OlMara reported thatL L the matter is a difficult one. and of doubtful value. There is; :such .:mcn®y ,available,, however, the Length of time involved to secure it would not make. IV,, possible- -,for us to use that money in our initial, sewer project.. He indicated that the Sewer Engineer would make: application if —bituation exists where this money may be secured. Pursuant to due call and published and posted notice thereof, the hearing set for 8100 P.M, to consider the petition to vacate the alley in Block 19, Smith and Taylor's Addi- tion to North Ste Paul was declared open by Mayor Luebben. Mayor Luebben calked for ob a etions to the proposed vacation. Hearing none , Rupp moved, .O'Mara se coal ®d.: ab�e adoption, of the following re solutions �- -7 , / "WEEICAS , the own®rs�' 'of more than 50% of the property abutting on the alley in Block 19, Smith and Taylor's addition to North St. Paul, having filed a petition for the vacation of said alley, and 11WEIEAS9 the hearing on said petition was preceded by two weeks :_publielyed:. and, pros to d not i ca , and "VIEWAS, no one has appeared in opposition to said petition, -and n . NWEEIEAS9 it appears for the best interest of the public that, said Talley be - vacated-, "NOW, TMFEFORE, EE IT FES,OLVED by the VillaAp. Council of Maplewood# .Minn. esota that the.., alley in Block hq -,_ Smith and Taylor's - �Additic�n to North St.. Paul.; be .and . -the . same is hereby va cated. oW Aye► ®. - all Ljungren, Village Engineer, reported on the road work in Ike Mars 5th and City ue glite Additions* He reported that the contract called for completion by December 159 1957, and thev actual completion date was Devember 17, 1957, which was good time in view of the weather conditions. -He felt that sufficient work had been completed for the Village to accept the roads for limited maintenance. He recommended that other necessary work be completed in Spring.and presented Change Order No. 1 to cover this change in plans. Lue bben moved, Berger seconded the acceptance of the Change Order. Ayes . all Ljungrmn also presented Change Order No. 2 for DeMars 5th and City Hoights Additions which changed to the use of a motor grader. Lue bbe n wove d, Rupp seconded the acre pt- ance of Change Order No• 2. Ayes - all .The Engineer presented a partial payment estimate for the grading, stoma sewer and gravel base construction in DeMars 5th and City Heights Additions and re commende d that the con- tractor be paid $5 ,597.19 which is 10% less than the total earned amount of $6,219.10 • The 10% is to be withheld until the work is completed. The Council approved the recom- me ndati on. Ljungren, Village Engineer, reported that he had investigated the matter of purchasing a steamr. -and had, as a result, prepared the advertisement for bids and the specifications to be used. He reported that the steamers were manufactured so that the electric motor could be added at any timm -in the future and, due to the fact that the cost was greater than be had originally anticipated, he had emitted it from the specifications. The Village Engineer was authorized to proceed with the advertisemsht .for bids, which will be opened at 8 ='30 P.M. on January 16, 1958* Ljumgma reported on the oil distributor and truck - situation referred to him at the last meting. He stated that in checking the specifications of the oil distributor, he Learned that a truck with- a minimum of 120 inches in the cab to amel size would be needed. He found a truck available at $995.00 which would serve the purpose. It is a used Usg. Army Surplus Truck which has been driven 1,5,000 miles. Moritz, Street Superintendent, and a mechanic had checked the truck and found that it was in satisfactory .condition and, should be ..sorvi- ceable for a number of ye are in the future. As .also found a plow at $982.00 ins. eluding the mvessary clutch system. Ljungren stated that he had also checked the Fair. grounds for surplus material and found that there was nothing available and they had no idea. when anything of that size would become available. Berger moved, Luebben le conded that the Village purchase the truck recommended by the Village Engineer. Ayes - all Berger,mmd, Luebben seconded that the Village purchase the snow plow recommended by the Village Engineer for use on the truck. Ayes - all Ljungren reported the approval of. the County on the proposed street name changes for County roads made as a part of the overall program adopted September 199 1957• In checking with the St. Saul Post Office he found they agreed with all proposed changes except that of the renaming of Beam Avenue to Wi l low Lane* They s ugge ete d that Willow Lane be renamed Beam Avenue instead because . there are several other Willow Lanes in other parts of their distribution area. In view of the original purpose of the change Program being the elimination of such duplications, it was decided to adopt this sugs. gestion. The residents of the present Willow Lane' are to be individually notified of the change by letter to be prepared by the Clarke office and distributed by the Village police-* Ljungren also noted the roads which are to be exceptions to the -Loneral classi• ficati.oa of ,streets running north and south and avenues, east and west Although the propbs6d7 changes were given wide publicity.in the newspapers it,, was decided to - prepare comple; ce ,change lists in the Clerks offices and distribute thew to all affected residents of, the Village . .L jungren also noted one correction in the original resolution as be ing neceSsa ry. Berg moved Luebben seconded the adoption of the following resolution making thes. hang es , corre ct i ons and a xce pt i ons s "MREAS, a resolution was adopted by the Maplewood Village Council on September 19, 19579 making certain street name changes within the Villa &, to become effective January 19 1958, and "WHEREAS, the Post Office Department has asked that certain other changes be made and several corrections and exceptions have been deemed necessary, "ROW, THE RE FORE , BE IT ]RESOLVED BY THE VILLAGE COUNCIL OF MAM WOOD, MINNESOTA s The following changes, corrections and exceptions are hereby adopted as a part of an addition to that original resolution, also to become effective on January 1, 1958s De le to s Pre sent Name Be am Ave nue Be am Ave nue Corrects From Van Dyke Street Kennard Street To Be l Dire Ave nub White. Bear Avenue New Name Wi 1 low Lane Willow Lane Present Name From To No w Name Junction Avenue White Bear Avenue Hazelwood Avenue Eldridge Avenue Stillwater Cutoff He Knight Road Stillwater Road Stillwater Avenue Additions: Pro so nt ' Name From To New Name Vi llow Lean SM No West to and Beam Ave nve Johnson Road Mc Knight Road East to and Mailand Road Exceptions s All North - .,youth roads, unless specifically called Roads 4 Lanes, "Drives or Parkways shall be called Streets excepts Payne Ave nue , Marykno ll Ave nue , H%ze lwood Ave nu®-, .White Bear Avenue and Bellaire Avenue* All East -West roads:, unless specifically called Roads, Lanes, Drives or Parkways shall be called Avenues except s Holloway Street and East Seventh Streets Ayes • all L jungren, Village Engineer, reported the final payment for work completed by T. A. S'ehifsky and Sons had been audited by the Treasurer and Village Engineer and was found to be correet. He recommended that the Council now accept the work. Schmid movedl- Berger seconded the adoption of the following resolutions s7� :WHEEEAS, pursuant to a written contract signed with the Village of I&plewood on July 19 19,7, T. A. -Schifsky and Sons has satisfactorily completed the improvement pro je cts under Street Improvement Pro je ct No..�7 -1 as followa s Section #1 - Grading and gravel stabilized base construction of Bartelmy Lane from East 7th Ste to a point.• approximately 400 feet north. Se ct ions #2 - Grading and gravel stabilized base construction on Me ye r Ste between E . Minnehaha Ave, and Bush Ave e, ( formerly known an, Fauquie r Ave .) - Section #3 - Grade correction, bituminous surfacing and..plant -mix bituminous curb of Edgemont, Kingston and Arkwright Streets within the area known as Mona's Vi 1 ]A e Section #4 - grading and gravel stabilized base construction. of Fourth Ave* from Duluth Street to Atlantic Stet and Third Ave, from Atlantic St. to English Stn Section #5 - Grade correction, gravel stabilized bass constructions and bituminous surfacing of Lake St. between Lydia Ave* and .Woodlyn Ave* section #6 , Grade correction and gravel base construction of Woodlys Ave . between Lake St . and- Be llaire -Ave . Section. #7 - Base correction and gravel stabilized base construction of all streets within the area referred to as Minnehaha Hi&lands. Sections #8 - Grading, gravel bass coastruction, bituminous surfacing and plant -mix bituminous curbing. on Phalan Place from Ripley St. to Sophia St. and Gordon St . from Phalan Flag to Ripley St. Section #9 - trading and gravel stabilized .bass construction on streets in the area known as Kroiss Additiono in accordance with such contract as subsequently modified by change orders, "NOW, THEREFORE- EE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPIEWOO, MINN. ESOTA a 'The work completed under said contract is hereby accepted and approved, and ItBE IT FURTBER RE S OLVBD s That the Village . Clark and Mayor are hereby directed to issue a proper order for the final payment on such conntract, taking the contractors receipt in tulle Ayes - all Ljungrend deported on his investigation of the extension! of Kennard Street to provide a secondary access for the people in Edgevieir No. 2 Addition. He proposed that Kennard Street be extended to the North, cutting across- the railroad right -of -way and joining Prosperity Road just North of the right -of -way. He estimated the cost of this proposal to be $1,644.00. To build the road to the other direction would involve a greater distant of street and would not provide the type of ace ss that would be most valuable to the area. The Village Engineer was asked to contact the interested parties to appear and discuss the matter. L. jungren reported on the proposed change in the method of securing State Aid Funds for road maintenance* Berger moved, Lue bben seconded the following resolution, be adopted regarding this. 5 �- i �L - '77. 6*1EBEAS, Milner W. Carley and Associatea, engineers for they Village of Maplewood, Mi.nnnesota, have prepared an estimate of anticipated maintenance costs ©n' a per mile basis for Muaicipsl -State :Aid !Streets within the` Village of Maplewood, Minnesotnq during the calendar year of 19581 and 14BEFEAS 9 According to said engineer Is., estimate , the annual price per mile anticipated maintenances cost one Municipal -State Aid Streets within Maplewood during the calendar year of 1958 is $1,500900, and will apply to 1e75 miles; and �WBETEAS9 According to said angineeros estimate, the annual price per mile anticipated maintenance cost on the Municipal- County -State Aid Streets within Maplewood during the calendar year of 1958 is $750 *000 and will apply to 4*0, miles; "NOW 9 TBE EE FOFE , BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MA,PLEWOOD, MINPVESOTA s That the Commissioner of Highways of the State of Minnesota is hereby requested to allocate to the Village of Maplewood, Minnesota, state aid maintenance funds in the amount of $59625.00 according to the .provisions of Section 689 Subdivision 39 Chapter 913, Laws of 19579 State of Minnesota." Ayes • all The Clerk rea4 the proposed agreement submitted by Turan and Moody to act as fiscal agents for the Village* It was noted that this agreement was prepared to replace a similar agreement accepted by the supervisors of the Town of New Canada* Lueebben moved, O'Mara seconded the adoption , of the following resolution e "FESOLVED. , That Duran and Moody, Inc, be and are hereby appointed as fiscal agents for the Village of Maplewood for financing public improvements and the Mayor and Clerk are hereby authorized and directed t o execute the agreement with them as reeportede" Ayes w all Trustee O'Mara introduced the following resolution relating to the construction of the sanitary - -sever system and ordering such improvements . 6-1- 12- 17 q "WHEREAS, After due notice of public hearing on the construction of a sanitary sewer system, hearings on said sanitary sewer system in accordance with the notice duly gives n wet duly held on November 209 November 229 and November 25, 19579 and the Council has heard all persons desiring to be heard on the matter and has fully considered the sane "NOW, TEEFEFORE , BE IT F98OLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPIEWO®D, MINNESOTA, as follows s 1. That it is advisable, expedient and necessary that the Village of Maplewood construct a sanitary sewer system as described in the notice . of hearing thereon and orders the same to be made o 2. The consulting engineers for the Village are hereby authorized and. directed to prepare detailed plans and specifications for said improve. me at and file the same with the Village Clerk * " O'Mara moved, Luebben seconded the adoption of the foregoing resolutioae Aye s . all Memmer, Village Attorney, reported the preparation of an ordinance prohibiting building on property which cannot support proper sanitary facilities and establishing special regulations for permitting building on such ground* Lue3bben moved, Berger seconded the adoption of the following Ordinances ORDINANCE NO. 51 AN ORDINANCE AMENDING ORDINANCE NO. 14 E NTITIZ D "AN ORDINANCE ESTABLISHING., AMPLIFYING AND REVISING TEE BUILDING COIE ; CREATING AND CONTINUING TBE OFFICE OF BUILDING INS:W CTOR; VALIDATING ALL P.E R KITS ISSUED AND CONSTRUCTION AUTHORIZED UNDER THE COIF EIERETOFORE EXISTING AND RE FE ALING FE S OLUTI ONS , ORDINANCEw . OR PARTS THEREOF INCONSISTENT M EEWITH * 41. Ayes - all Mbmmer also. reported the preparation of an ordinance designed to offset the effect of zoning and building code regulations on property which is forced into non-compliance as a result of the appropriation of parts of the property for public use. Luebbem moved, Rupp seconded the following Ordinance be adopted: ORDINANCE NO.. 52 AN ORDINANCE Al ENDING.. ,ORDINANCE #29 ENTITLED, "AN...ORDINANC REGULATING AND RESTRICTING THE HEIGW 9 NUMIEER OF' STORIES AND SIZE OF BUILDINGS AND OTHER 13TRUCTUI:1ES; THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED; TBE SIZE OF YARD; Schmid moved, Luebben seconded that the West Outdoor The ate r Corp., owners of the Minne haha Drive ..In Theater, be granted a the ate r license for the year 1958o Aye s • all A letter from the State of Mi nne a of a Department of Highways was read with re gard to their acceptance of the proposed Municipal State Aid Street System for the Village of Maplewood. It stated that a Hi&way Order No. 27286 had been adopted approving the proposed system. A. petition was received from Mrs. Violet M. Iado for the rezoning of her property at 735, East County Road A602 from Rl, Ple®idence District (Single ,Dwelling) to BC,, Busim- s, and Oosrcial for the purpose of establishing and operating h beauty shop. It con - taiaed.•- a.-sufficiont number of signatures and was accompanied by the required abstractor's certificate and $25.00 fen. A- hearing was set for Unuary 16, 1958 at 800 P.M. and the matter was also referred to the Planning Commission. An-application for transfer of an off -ease non - intoxicating malt liquor license was made by Donald Kie lsa and Henry Landucci for the Grocery Store at 1351 Frost Ave* Oftra moved, Schmid seconded the license. transfer be approved. Ayes - all O'Mara moved that $103.14 be transferred from the General Fund to the 57 -1 Construction Fund* Ine bbe n seconded. Ayes - all It was pointed out that the Council hnd failed to adopt the motion discussed, accepting the bid of Southview Chevrolet Company to furnish a Model 1293 4 door Yeoman Station Wagon V8 Police Car. Lue bbe n move d# Berger seconded that the bid be accepted and the motion be made as an addition to the De oember 5s 1957 minute a. s Meting adjourned at llt45* Ayes - all Forrest R. a ehmid Village Clerk