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1958
. January 2 , 1958 The regular semi.- monthly meeting of the Maplewood Village Council was called to order at 7s15 P.M. by Mayor Luebben. Other members of the Council present were: Berger, Rapp and Schmid; Absents O'Mara. Luebben moved, Rupp seconded that the minutes of the December 19, 1957 meeting be accepted as submitted. Ayes - all Harold A. Smith, 230 Crestview Drive, introduced Reverend Beck, Paster of the Daytong Bluff Methodist Church. Rev. Beck asked the procedure for securing approval for the building plans for his new church which is to be built at Sterling and Highway No. 12. Mr. Smith asked what effect the proposed joint development of the Battle Creek area'by the City of St. Paul and Village of Maplewood, would have on his request for approval of the proposed plat of Heckeroth Addition #2, which includes a part of that area and' adjoins-the church,..,property. ( Trustee O' Mara .arrived at the meeting at this, . time . ) The Council explained that no action had been taken on the St. Paul suggestion but promised as detailed study would be undertaken before Spring so plans could be completed, The village Engineer's letter, dated June 5, 1957, reporting on the proposed plat, was reviewed. Mr. Smith was advised to secure the necessary easements on Sterling from the Great Ickes Pipeline Co, in order to provide for a full width street. Don Bender, 1977 Price, accompanied by several other area residents, presented a letter with regard to the violation of several Village regulations at 1956 Price St. The letter mentioned a pick up truck and excavating machine being parked in this residential area, & shed in the back yard that looks like an out house, a pile of sewer pipe, a trailer with a tool shed mounted on it, clay -fill which washes down into the yard nest door aad a large dog which runs loose and damages the neighborhood property. The neighbors are asking the Council to consider some action toward the individual who is. in violation. The violations were referred to the Building Inspector, Dog- Catcher and other appropriate law enforcement agents for the Village for investigation and action. Londin, Building Inspector, presented a 1953 Certificate of Survey on the ,Ramon Pogue property on Kennard. Street as a part of his continuing investigation of the request fcr a building permit by,k, P. Gruber, The survey was not regarded as accurate as the lot lines have been changed Nince-that time. The Building Inspector was instructed toy secure a current Certificate of:Survey before the Council decides whether or not a house may be built on the remaining lot, Pursuant to due call and published and posted notice thereof, the hearing set for 8:00 P.M, on this date to consider the petition to vacate the alley in Block 24, Sabin Addition to Gladstone was declared open by Mayor Luebben, The Bloch is bounded by Eldridge Ave*-. Burke St., Barclay Ave., and Hazelwood Ave. Mayor Luebben called for objections to the proposed vacation. Hearing none, Rupp moved, Ofmara seconded the adoption of the following resolutions RES.58 -1 -1 "WHMASs the owners of more than 50% of the property abutting on the alley in Block 249 Sabine Addition to Gladstone, Remsey County, Minnesota, having Piled a petition for the vacation of said alley, and "WIIERW 9 the hearing on said petition was preceded by two week's published and Posted notice, and "WfMTUAS. no one has appeared in opposition to said petition, and "WWM,AS, it appears for the best interest of the public that said alley be vacated, "NOW9 TBEREFORZ9 BY. IT RESOLVED by the Village Council of Maplewood, Minnesota that the alley in Block 24, Sabins Addition to Gladstone, Ramsey County.,Ylan., be and the same is, hereby vacated," Ayes all Londin, Building Inspector, requested that the Village require a professional arehiteet to draw plans for any commercial building that exceeds $109000#00* Ljungren, Village Engineer,, pointed out that there is already a provision in the State laws re- qPiring this, Londit,o Building Inspector., then reported on the progress of construction of the ft'Levddh super-structure at 1002 Glendon, which was to have been completed by 7anuary.1,, 1958. He found that nothing 'further had been done as of this date. The Building Inspector :ns'-�Pci6r was instructed to issue a violation notice for Mr. MoOlevich*to'appear in, court for failure to complete the super-structure as agreed upon at the ..November 24- 1957'06eting, The' Building Inspector asked for authorization to attend the Municipal Short Course f0i"Building Inspectors on January 30 and 31, 1958, Schmid moved that the Building Inspector be authorized to attend and be reimbursed for the tee involved and his'' meals. Luebben seconded, Ayes all Dbbimer',, Village -k-ttorney, reported on the Fire Department's request that Ve investigate the possible availability of-state fire insurance tax funds, as referred to him at -t the 10 t meeting. He stated that he had had a preliminary talk with the officials but they had arrived at no decision.." However he had made arrangements for another meeting on Vbnday January 6 1958. Mmgier brought up, the matter of the acquisition of property and easements, as re- commended by the consulting engineers for sanitary sewers, to be used for pumping,- stations and other sewer lines that might run through private property.. He advised the council to authorize him to prooeedlwith this work. O'Mara moved, Berger seconded' that"ihe Village Attorney be authorized to proceed with the acquisition of the follov,6 ing property, easements and right-of-ways for the purpose of sewer constructions.'' lo A. parcel on the premises of the Archbishop Murray Memorial High School "'for -l-y, ', pumping station, 2* Ar parcel on Lot 15 of Tierney Park Subdivision at McKnight and Holloway Ave*! 't for pumping station. 3 East 50 feet of Lot 9. Block 4s Farrell's Addition for pumping station.: 4* 20 fte right-of-way between Lots 12 and 13 across 109 11 and 12 and between Lots 18 and 19, all in Block 4 of Midvale Subdivision for sewer line* 5• 34 fto right-of-way adjacent to and north of platted Skillmanlveo from English Street to Northern Pacific right-of-way for sewer line., 6* 20 ft. permanent easement along extended center line of Birmingham Street from Cope Street north to Highway #36 for sewer line*' 70 20 ft. right -of -.way across Ascension Cemetery property approximately 100 ft# south of Minnehaha for sewer trunk line. 89 20 ft, right.df -.way across Southerly part of Minnehaha Drive -In Theater property for sewer trunk line, 9. 20 ft. right -of -way approxiamtely 320 ft, south of center line of Minnehaha Ave. running due East and West from East line of Ascension Cemetery to Ferndale Street for sewer trunk line. 10. In connection with all of the above, to procure such temporary construction easements as are necessary to use the permanent easement for sewer construction. Ayes » all Ljungren, Village Engineer, recommended that it would be advisable to complete Fairview Ave. (E. Demont Ave.) from Southlawn to Germain Street in one project. He reached this conclusion during his investigation of the petition of developer john K1une for the construction of Fairview (E. Demont Ave.) between SouthlaNn Drive and the West Line of Crestmoor Addition. He pointed out that the residents west of Flandrau had also shown an interest in having the same street widened and completed in their area. Although it would require a slight jog in the road to connect Fairview (E. Demont) at this point, he felt it should be done and the whole section of street be completed at one time.in order to insure the construction of the short section between the west line of Crestmoor Addition and Flandrau Street. This would provide the residents of the southern half of Crestmoor Addition with access from the west. The Engineer was authorized to proceed' with a plan to present to the Council at the next meeting. Luebben moved, Berger seconded that the Engineer be authorized to spend the necessary. funds to mount the snow plow. Ayes w all The Village Engineer stated that he had found a good second hand dump box that could. be used on the newly purchased truck and could be secured for $5040 which is much less than it would cost to make a suitable box. Luebben moved, Rupp seconded that the Engineer be authorized to purchase and mount the dump box. Ayes - a0.1 Ljungren reported on his investigation of the arrangements used for bidding on the gasoline supply for the year 1958. The Council authorized the Engineer to prepare the speeifications' and advertise for bids for 109000 gallons of gasoline with the bids to be opened on February 6, .at 8:00 P.M. A letter from the Village Engineer was read recommending final acceptance of the streets in City Heights Addition and DeMars 5th Addition as to grading, storm sewer and gravel base construction. He had inspected the work done and found that the same had been completed in all respects according to the contract as subsequently modified by the Village Council. He recommended acceptance be made relieving the contractor of any further responsibility except as provided in the specifications. Berger moved, Luebben seconded the adoption of the following resolution: RKS.58.1 -2 "WHERE, pursuant to a written contract signed with the Village of Maplewood on November 19 19579 J. P. Sinna of J. P. Sinna and Sons, Inc. has satisfactorily completed the grading, storm sewer and gravel base construction of the following streets: Onacrest Curve from Summer Street south to end Agate Street from Larpenteur Ave. to City Heights Drive Dion Street from City Heights Drive to Agate Street Onacrest Curve from Agate Street to Agate Street } in accordance with such contract. "NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD , MINNESOTA.s The work completed under said contract is hereby accepted and approved, and, "BE IT FURTHER 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. Ayes - all Ljungten, Village Engineer, presented a report on a 3% increase in wages granted to the Ramsey County Street Employees. In view of the Council's policy to pay the-jVillage Street Employees the same rate as the County employees, Berger moved, Luebben seconded. that Village street department employees be granted hourly rates equal to those of Ramsey County and that the Street Department Foreman be granted a 3% increase in monthly salary. Ayes - all Ljungren, Village Engineer, reported on some proposed changes in Ordinance #40. He had talked to officials of the Veteran's Administration and had found them willing to accept a letter stating that the escrow funds had been deposited with the Village rather than making this deposit with the V.A. The Village would then have the Rands available to use as the work progressed rather than waiting until the whole project has been completed before receiving any money. He also reported that there had been a change in the State Highway Department's road specifications and recommended that the State specifications be adopted. Berger moved, Schmid seconded that the Village Engineer and Attorney be authorized to draw up an amendment to Ordinance #40. Ayes - all The Clerk's office was requested to write a letter to the County stating that English Street had been accepted by the Village as a Municipal State Aid Road. Luebben moved, Rupp seconded the following professional people be appointed for 1958: Frederick P. Demmer - Village Attorney Bettenberg, Townsend, Stolte and Comb Consulting Sewer Engineers Milner Carley and Associates - Village Engineers ruran and Mody Fiscal Agents. Ayes - all Berger moved, Luebben seconded the appointment of the following to the Board; of Health: Dr, Kenneth 0. Nimlos, M.D. A Chairman Eleanor R. Peterson Deputy Ayes all: Luebben moved, Schmid seconded that Edward A. O'Mara be appointed as Acting Mayor. Ayes - all O*Mara moved, Luebben seconded that the following named be appointed to the position indicated: Dorothy M. Hejny - Deputy Clerk Oscar Londin - Building Inspector - Plumbing Inspector Susanne Stromberg - Deputy Treasurer Richard Skorezewski Gas Inspector Vernon Christensen Electrical Inspector Peter Moritz - Sanitary Inspector - Street Superintendent Howard Eggen - Dog Catcher Ayes - all LUebben moved, Rupp seconded the appointment of the following to the Police Department: Isonard Pepin - Acting Chief of Police Thomas Hagen Russell Allen Leonard Charles Bedahl George Cylkowski Robin DeRocker Richard Schaller Ayes - all Rupp moved, Luebben seconded that the following be appointed to the Planning Commission: Ernest Radatz James McGinley Frank Rose Al Toenjes Wm* Bingham Edward Kishel George Carlton Aye s - all Berger moved* Rupp seconded that the following be appointed to the Recreation Committee: Byron Holm Mrs. A. R. Oslund W6.. . Getald Gold F. Pietrazewski L6 ' Roy Peters William LaPlante Dbil-Benddr George Ivan Sterlih&'Brady Patricia Rose Mrs. W, Go DeLange Ayes - all Rupp moved, Luebben seconded that the Ramsey County Review be designated as the off ioial"Village Newspaper. Ayes all Luebben moved, Rupp seconded that the following resolution be adopted: RES- 58 fft 1 "RESOLVED, That the First State Bank of St. Paul be and hereby is designated th6'depository of the Village of Maplewood and fiiiids deposited in !said baink ibay be withdrawn by check when signed by Lawrence So Olson,, Treasurer,, and by the other two following named officers: Waldo E. Luebben, Mayor Forrest R. Schmid, Clerk Lawrence S. Olson, Treasurer*� Aye s - all Schmid moved. Rupp seconded that the regular meeting of the Village Council of the Village of Maplewood be set for 7:00 P.M, on the first and third Thursday of each month. Ayes - all Schmid moved that the Deputy Clerk's salary be set at $275.00 per month effective January 1, 1958. O'Mara seconded the motion. Ayes ® all Schmid moved, Berger seconded that the Deputy Treasurer's salary be set at $235,00 per month effective January 1io•-1958* Aye s - all O'Mara moved, Rupp seconded that the Building Inspector receive $3-00 per inspection, Ayes - all Luebben moved, O'Mara seconded that the Clerk's salary be set at $175.00 per month, Ayes - all Luebben moved, O'Mara seconded that the Treasurer's salary be set at $100.00 per month, Ayes - all John Klune appeared before the Council at this time in regard -to the storm sewer he had requested in the Crestmoor Addition. Ljungren had given him some cost estimates on this and Mr. Klune had decided to lay this plan aside for the time being. Ljungren, Village Engineer, informed &o Klune that he would have a further report at the next meeting regarding the road construction he had petitioned for and which was discussed by the Council earlier in the meeting, The Clerk brought before the Council the application for a renewal of a Piggery Permit for James, Henton..2090 English Street* As no complaints had been received regarding the piggery and the Deputy Health Officer's report was favorable, Rupp moved, Schmid second.od.the permit be granted, Ayes &11 X discussion was opened on the matter of the acquisition of funds from the'46-derdl- Government for 'a' proposed storm sewer survey of the Village, The Village Engineer reported that he had discussed this matter with the Wilco Housing and Home Finance Agency and they indicated•that it was not meant for long range planning but for definite t proposals that were planned to be completed .in the near future.. The Clerk was instructed to write to the Housing and Home Finance Agency, Room 200, 105 Nest Adams Street.,. Chicago 3, Illinois and request material concerning the method of applying for these funds. The resolution adopted by the Board of County Commissioners concerning the Ramsey County 2--Way P.dio Broadcasting-System which is:to go into effect in January, 1958 was discussed.' The matter was referred to Rupp for clarification of the terms of the resolution. Meeting. adjourned at 11:50 P.M. Forrest R. Sehmid Village Clerk January 16, 1958 The regular semi - monthly meeting of the Maplewood Village Council was called to order :lO P.M. by Mayor Luebben. Other members of the Council present were: OlMara, Rupp and Schmid; Absent: Berger. Rupp moved, OlMara seconded that the minutes of the January 29 1958 meeting be approved as submitted. Ayes - all 4 discussion was opened on the Ramsey County 2 -way radio broadcasting system. Trustees Rupp and Olftra reported on the discussion held at the Ramsey County Municipal Officials Association meeting held at Vadnais Heights School on January 15, 1958. Deputy Sheriff Kermit Redman had explained the operation of the proposed system and answered the, questions of the officials present. (Trustee Berger arrived at the meeting at this point) It was pointed out at that meeting that the Sheriff's Office dispatcher would refer all calls to the local police while those police were on duty and also to off duty police who were on standby duty. The cost of such service was set at $300000 per year for the first radio in each municipality and $100.00 for each additional unit. It was also noted that radios could be purchased using matching funds from Civil Defense. OIMara moved, Luebben seconded the adoption of the following resolution: RES. 58 - 1 - 4 NWHERUS, the Village of Maplewood has had connections with the St. Paul Police Radio System which was known to be only a temporary situation, and OWHROW9 it has been determined that. it would be in the best interest of the residents of the Village of'Maplewood that arrangements be made'to secure connections with the Ramsey County Police Radio System; "NOW BE IT R6S OLVIED BY THE VI LIAGE COUNCIL. OF MAPLEWOM , M MES OTA : That the Clerk be authorized and directed to enter into a contract with the County of Ramsey for radio connections, for police and fire department -use, as may be subsequently authorized by the Maplewood Council, under the terms and provisions of said contract as established by the Board of Ramsey County Commissioners for the yea 1958 and such subsequent years as may be deemed necessary and advisable. Ayes - all Trustee O'Mara suggested that a letter be written to the St. Paul Police Chief. thanking him for permitting the Maplevo od Police to use radio service connections -.with the St..,Paul ]police Department., The Clerk -was requested to write this letter. J tiungren, Village Engineer, opened the discussion of his previous proposal to provide a secondary access to the Rosewood Avenue and Maryknoll Avenue (formerly Dona Place) by extending Kennard Stp.eet to Prosperity Road to the north. He explained that dur- ing a discussion of this proposal with Mr. McGinley, another solution to the problem had been suggested. Mr. N Ginley suggested that Harris Avenue be extended to a point where it meets the gas pipe lines and then curve north to meet Prosperity Road at a right angle. It Mould necessitate securing a small corner of Mr. MaGinley's property but would avoid cutting the property in two sections as under the orginal proposal and would also eliminate a railroad crossing. W. McGinley offered to sell the property at 10 cent's per square foot or approximately $250.009 The construction cost of a two 12 foot lane service road was reported by Ljungren to be probably less etc• pensive than the proposed Kennard Street extension. The Village Engineer felt this would be a feasible solution. Luebben moved, Rupp seconded that the matter be req. (erred to the Village Engineer for further study and report. Ayes all Londin, Building inspector,.reported the receipt of a certificate of survey from Raymond Pogue showing the-correct lot sizes 6f- the property on Kennard Street. It was found that the lot proposed for L sale has 60 foot frontage, not 65 feet as originally indicated to the prospective buyer. Londin also reported -that the building on the lot to the north of the lot in question is 40 feet from the property line which would allow adequate room between the two houses. It had been previously determined that additional property needed to bring.the lot to the minimum 75 foot frontage was not available. The Building Inspector was instructed to inform the prospective purchaser that a building permit would be granted. Londin, Building Inspector, reported on the results of his investigation, of the complaint against the property owner. at 1956 Price. Avenue. He felt the violations were.not. as serious as indicated and several had been corrected prior to his visit to the property. The reported shed was found to be a well - built, attractive dog house and - the pick up = truck the sole means of transportation for the property owner. The machinery had been parked there temporarily for the purpose of cleaning it. The d og ;was normally kept on leash. He found the yard well drained but not sodded and therun -cuff from a rain would,earry some clay to the adjoining property. He also found some pipe neatly piled at the rear of the .property. Londin did not . feel any oction.against the owner was indicated. The Council felt the complaint waa;.justified v,the__e cte i� that tMe., property owner was at teippttng , o�,Qpe rate;. a.:,.business, in. a.: strictly residential area. The Building Inspector was asked to watch the property and report any further violations to the Council. The Village Engineer's report on the petitions for the improvement of the streets and drainage in the Crestmoor, Addition was read. He stated that he had made no pre• liminary report on the installation of a storm sewer in Block 1'per Mr. Klune's re• quest. The second petition presented by Mr. Klune had requested the improvement of the following streetes Bittersweet Lane •. from Edgehill Road to E. Demont Ave.(Fairview) Southlawn Drive •• from Edgehill Road to E: Demont Ave. E, Demont Ave . .• from Bittersweet _ Lane . to Southlawn Drive Ndgehill Road ,from ,Southlawn Drive to County Road C had been deleted .from, the. petition at Mr. XluneIs request:: but Ljungren had included E. Demont Ave. from the West line of the 'Crest wor Add . to Bittersweet Lune as he felt it was actually a part of the Crestmoor Addition and should be included in this improvement. The Engineer's total preliminary estimate is $18, .00. He found this proposed improvement to be feasible providing E., Demont Ave. could -be, devehap®d as a..full width street. He also recommended the improvements of E. Demont Ave. from the West line of the Crestmoor Addition to `f Germain Street'be combined with this improvement. If the developer desires to proceed as recommended, the Engineer suggested that he post a cash escrow equal to 10 per cant of the toted preliminary, cost estimate and that plans and specifications be -pre- pared for the grading, gravel sub -base and gravel base construction and that this work begin as soon as weather permits in the spring. The Clerk was instructed to inform the developer of the Village Engineer's re port. Pursuant to-due call and posted and published notice thereof, the hearing set for 8 :00 P.M. on this-date to consider the rezoning of the property at 735 E. Roselawn Avenue (formerly County Road A -2) from R•1, Residence District (Single Dwelling) to BC, Business and Cc= raial, , for the purpose of establishing a beauty shop, was declared open by Mayor Luebben. The Clerk pointed out that the abstractor's certificate' had been incorrectly prepared for Lot 1, Bloch 6, Parkside Addition in place of Lot 14, Block 89 Parkside Addition. The Council felt that in view of the large turnout of property owners the error was inconsequential. Mayor Luebben asked for the Board of Health report. Mrs. Peterson, Deputy Health Officer, reported that Dr. Wimlos, Chairman of the Board of Health, had stated that a 500 foot drainfield would be required if the beauty shop were permitted because of the large amount of water used in this business. The PlaAning Commis'sion's report opposed the rezoning on the basis of spot zoning but indicated their willingness to approve a special use permit if the plan were unopposed. Mayor Luebben asked if anyone present opposed this action* Approximately thirty persons were present in opposition. Eight persons addressed their objections to the Council. The Clerk reported the majority of persons not present had called or mailed statements requesting the withdrawal of their names from the original petition approving the establishment of the shop. The petitioner for the rezoning was not present. When asked whether they would approve a special use permit rather than a rezoning action by Trustee Berger, the persons present indicated -� they were also opposed to such a move. Berger moved that the petition be denied. Rupp seconded* Ayes • all A.letter from the Village Engineer was read with regard to the construction of E. Demont Ave. from Germain Street to the West Line of Crestmoor Addition because of the numerous complaints from property owners regarding drainage.- improper grades, im- proper street location, eta. He found in his investigations that many of these oom- plaints were justified and recommended that the street be constructed in conjunction with the improvement of X Demont, Ave., : -.in the Crestmoor .Addition. He estimated the total preliminary cost to be $7,745.00. Luebben moved that the Village Attorney and the Village Engineer be authorized to secure the easements for the proposed improvm - meat. Rupp seconded. Ayes - all .Pursuant to the terms of a published advertisement for bids for a steam cleaning machine, lkyor Luebben declared the meeting, open at 8:40 P.M. for the purpose, of opening the bids received.' The only bid submitted was for $2354.00 from the 'Motor Supply and Machine Co., 127 Rice Street and was accompanied by a certified eheok in the amount of $235o4O. Luebben moved that the bid be referred to the Village Engineer for tabulation and report. Berger seconded. Ayes • all Mr, Mahlke appeared with regard to the Johnjo Subdivision which had been submitted to the Council last fall and had been returned to the developers with the Council's recommendations. It was not again returned to the Council until recently when it was pointed out that the- property is being sold on a meets and bounds description rather than using the plat originally proposed. A building permit had been issued facing Barclay Street on what would be Lot 4 of the proposed plat, A search through the files revealed that a letter from the Village Engineer dated 10-20-55 stated that Barclay Street, among others, had been graded to full width and had received a 2 inch stabilization instead of the required 4 inches and that the Building Inspector should be notified of these streets so as to insure the additional 2 inch treatment before building permits could be issued. Mr. Memmer, Village Attorney, reported that in a conversation with Roy Nadeau, who was a Supervisor of the Town of New Canada at that time: Mr.. Nadeau had recalled that building permits were not to be issued on the east side of Barclay Street until additional work had been done on that street. There was a reference in the 11 -17 -55 minutes as to the acceptance of the streets named in this letter but the minutes revealed no restrictions. Another reference was made in the 1 -5 -56 minutes releasing the bonds for the developer on this street but still no mention of the building restrictions recommended by the engineer.. The lots in the Johnjo Subdo had been revised from 40 foot lots, facing the proposed Eldridge and Burke.(First) Ave. , to 95... by 298 foot lots facing Barclay and Hazelwood. Trustee O'Mara pointed out that if homes were allowed to be built on Barclay and Hazelwood Aveso that there would be no chance of Eldridge and Burke (First) Aves. being built. The basement has already been built on the lot facing Barclay Street. The Village Engineer recommended that the owners of the property post a cash escrow for the $495.00 cost of the surfacing with an enabling contract for a total of $750.00 which is 1� times the cost of the improvement. Memmer,, Village Attorney, recommended that the situation be taken care of by an agreement that the property owners would pay the assessments when the road is completed. Mr. Mahlke agreed with this and the matter was turned over to the. attorney. The application of Wilbur Edgngton, 1083 Arcade Street, requested a permit for a garbage and rubbish hauling license under the name of the A.M. Disposal Service. He proposed to haul by means of 2 trucks with rubbish collections to be made throughout the Village of Maplewood. He stated he would be using a dump in Willernie and that his trucks would be covered with canvas. The Council felt that the regular garbage and rubbish hauling license requirements should be complied with in fairness to the other rubbish haulers in the Village and the regulations specify covered trucks. It was explained to Mr. Edgington that if he complies with the Village regulations, a license will be issued the same as to the other collectors in the Village. The application was denied. The Village Engineer reported.mn,:the Steam Cleaner bid and recommended the Village purchase it from the Motor Supply and Machine Co. for their bid price of $9554-00- Berger moved, ©#Mara seconded that the Village Engineer's recommendation be accepted. Ayes - all Memmer, Village Attorney, introduced Joseph Bettendorf whom he had secured to act as an appraiser in securing of property and easements for the Village for sanitary sewer purposes.. W. Bettendorf explained his mode of operation and suggested that the appraisal and the negotiation for the property be undertaken at the same time. He stated he was prepared to negotiate earnest money contracts with each of these people and explained that in most cases it would prove to be satisfactory to the property owners and only a few would,be involved in condemnation proceedings. Rupp moved that the Council authorize the employment of W. Joseph Bettendorf, professional appraiser, to make appraisals and negotiate purchases of easements and/or fee title of property required for sewer construction. Luebben seconded. Ayes - all The Village Attorney and Village Engineer read portions of the new ordinance es- tablishing the standards for construction of streets and roads within the Village of Maple-wood-and explained the changes-made from the previous ordinance. Luebben moved, Rupp seconded the adoption of the following ordinance& ORDINANCE NO. 53 AN ORDINANCE ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF STREETS AND ROADS WITHIN THE VILLAGE OF MAPLEViiOOD, PROVIDING _SPECIFICATIONS FOR WORK AND MATERIAL AND PROCEDURES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF; AND REPEALING ORDINANCE N0, 40. Ayes - all Mayor Luebben announced the Commissioner assignments for the various government subdivisions as follows: Schmid - Financial Activities; Berger - Public Utilities, roads, parks and playgrounds; ,Rupp - .Public Safety, which will include Police, Fire and Dog Catcher; O'Mara - Sanitary sewers and the Board of Sanitation. Berger moved, Luebben seconded that the ' Village Engineer be authorized to order: -a street light for English Street at the'Soo Line Track Crossing. Ares - all O'Mara pointed out that he had had calls from individuals in Lark Park st-ating.that the Village of North St. Paul was furnishing electric power for that area and complaining of higher rates being charged than for similar service from Northern States Power Co. They requested that the matter be investigated. The matter was referred to Berger for investigation. O'Mara moved, Luebben seconded that the Village Engineer be authorized to proceed. with the preliminary storm sewer study for the Village. Ayes all Ernest Radatz brought to the Council's attention the deferred action.on street lights requested at County Road "D" and McKnight Road and County Road "C" and Brief Street. A request for lights to be located at the corner of Copely and Dieter Streets and the corner of Copely and Hazelwood was read. Berger moved, Luebben seconded that the matter._be referred .to the Village Engineer .for. investigation. Ayes - all Berger ,moved, OfMara seconded that Leroy Bjornberg be relieved as Civil Defense Director and Walter Rupp be appointed Acting Civil Defense Director. Ayes - all The meeting adjourned at 1:30 A.M. Forrest Be Schmid Village Clerk February 6. 1958 The regular semi-monthly meeting of the Maplewood Village Council was called to order at 7s10 P.M. by Mayor Luebben.. Other members of the Council present were: Berger, Rupp, O'Mara and Schmid. Absents None. ,Rupp moved, Luebben seconded that the minutes of the January 16, 1958 meeting be approved as submitted. Ayes - all Richard Skorc -sewskf, Temporary Gas Inspector, brought to the attention of the Council a letter received by him from R, S. Almquist, 1874 East Shore Drive. The letter referred to a telephone conversation he had had with the Gas Inspector regarding the size of the flue required by the Village of Maplewood Building Code for all oil fired furnaces. The building code states that an 8 inch flue is required and this is generally interpreted as being the inside measurements. W. Almquist informed W. Skorezewski that his con- tractor had installed a flue that has only a 7+ inch inside measurement and that many service men have told him it is too small for maximum efficiency, He had checked the suppliers himself and had learned there is no real agreement on the standard size of what is nominally called an 8 inch Flue. Variation in size were found among different manufacturers and even within the brand of a single manufacturer„ The Council wag. in agreement that the code requires.only'an 8 inch nominal flue size which allows for-this variation. They asked Mr. Skorczewski to contact Mr. Almquist and inform him of the Councilss decision, and to base his future inspections on this policy. The matter of the appointment of a permanent Gas Inspector was discussed. Mayor Luebben appointed Trustees Berger and O'Mara to investigate the applicants for this position and to recomm®nd for appointment the one they determined beat qualified. Albert Philips of the Philipville Trailer Court and Mrs, Marie Youngdahl presented a petition signed by a number of business men and home owners along Highway MOO- 61 re- questing that the Council revert the name of Maplewood Drive to Highway No„ 619 It was explained to the petitioners who were present that the change was made at the request of the Post Office Department. After considerable discussion, it seemed. that the petition• era main concern was for their telephone directory listing which they preferred to have remain under their old Highway No. 61 address for business reasons. They had been n-- formed by a telephone company representative that they could not use the highway designa- tion. The matter was referred to Trustee Berger for investigation and action. Gerald Killian,, 2200 White Bear Avenue, presented a petition to the Council requesting that they reconsider the construction of.a stormsewer on Van.Dyke.Street between-Cope Ave.. (formerly known as 4th Ave.) and County Road "B ". ,The petition also .stated that the signers, all owners of properly on Van Dyke Street, wished to have 'the ir` name a with- drawn from a petition opposing the plan initiated by the Council in Mdreh, 1957. The plan prepared by the Village Engineer and discussed at a hearing held April 18, 1957 had been laid over in view , of the opposition to the project. After discussing this new petition and being advised by Meimmer, Village Attorney, that it would be necessary too- - re- initiate the improvement because more than Six months had elapsed since the original hearing. O'Mara moved, Luebben seconded that the following resolution be adopted s RES. 58 .. 2 - 5 "WHUMS , it is proposed to improve Van Dyke Street from County Road NB" to Cope Ave, (Formerly Fourth Ave.) by grading, surfacing and ®torm sewer construction and to assess the benef itted propert7 for all or a portion of the cost of the improvement, pursuant to Minn. State,, Sec* 429.011 to 429.111 (Laws 1953+ Ch.. 398 as amended) , NOW THEIRE70RE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MA PLEWOOD , MINNES OTA s That the proposed improvement be referred to Milner W. Carley and Associates.. Village Engineers, for study 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 - improvement is feasible and /or 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 Mrs. Peterson, Deputy Health Officer, reported that she had met with Deane Anklan of the Ramsey County Engineer's Office with regard to her request that garbage cans, in addition to present-trash containers, be placed in all County parks within the Village. Mr. Anklan agreed to her request and arrangements were made-for the.County to furnish and suitably mark the containers. Mrs. Peterson also requested that a notice be placed in the official Village newspaper, The Ramsey County Review, setting a deadline following which strict compliance with the provisions of Ordinance No. 49 would be required. She stated that the burning of garbage in outdoor, open containers continued in spite of warnings and -the delivery of printed information on this matter. The Council agreed. and asked the Clerk to publish a notice on February 13th and 20th with enforcement to begin on March 1, 1958. ...:j - _- Londin, Building Inspector, reported that he had again contacted Ray McLevich, 1002 Glendon, with regard to his failure to complete the superstructure on his basement home. Londin gave him until the February 20, 1958 meeting to complete the work. Londin also reported on the building, located on the corner of White Bear-Avenue and Larpenteur Avenue, owned by Al Meister. He had checked the building -and, found it to be of sturdy construction. He did not feel that condemnation of -the building could be justified. Londin offered to contact Mr. Mister and ask him to remove the buildings The Council requested that he follow that course. Trustee Berger reported reaching an agreement with Mr. Chenowith of the Ramsey County Engineer-'. Office with regard to street signs on County roads within the Village. The County will make all future replacements on these roads using the same green and silver .reflective sign as the Village proposes to use on Village streets. Mr. Chenowith also agreed to allow the Village Street Department to use the County laminating machine to make up the Village signs. County policy prohibits Mr. Chenowith from making the signs for the Village unless the entire Village street sign maintenance plan were handled by County forces. The Council-examined several types of sign brackets available and agreed on the type to be purchased. Trustee Berger was authorized to proceed with a sign replacement plan. in which the new type signs would be secured as soon as possible for all streets in- volved in -the recent -name changes. All other signs will be replaced with the new type as part of the normal maintenance program over a three or four year periods A letter from the Village Engineer with regard to Harris Ave. from Kennard Street to Prosperity Road was read. He stated that a survey had been made and they believed that a feasible route and means of constructing the street, at an estimated cost of $1,131.10$ had been found. This estimate includes constructing the street with a 24 foot wide driving surface which would provide two driving lanes „on approximately a 40 foot wide right -of -way. They recommended that the gravel sub -base and the base be constructed and this be dust coated for a driving surface. They also recommended that parking be restricted. along Harris Ave. from Kennard to Prosperity Road. Berger moved, Luebben seconded that the Engineer and Attorney be authorized to secure easements and proceed with the construction of the road. Ayes - all A letter from the County Engineer, Harry S. Bronson, was read in which he reminded the Council that Frost Ave. from Highway _ $0e . 61 to White Bear Ave, and County Road B from Highway No. 61 to the west limits of the village of North St. Paul are both County and Village Mumicipal State Aid Streets. This means that the County is responsible for. maintenance of the center. 24 ft. of these streets and the Village is responsible for the remainder which would include maintenance of ditches, shoulders, furnishing and setting of driveway culverts, curbing, sidewalks, etc. Mr. Bronson asked in his letter if the Village would like the County to continue the maintenance of the whole street and bill the Village for everything except the center 24 feet or would the Village rather take over the sides of the streets and-d6 their own maintenance. O'Mara moved, Berger seconded that the Village maintain these side areas with their own forces since they had been named as Village Municipal State Aid roads in order to secure their control for sanitary sewer and other drainage purposes. Ayes - all Ljuangren, Village Engineer, reported on the proposed replacement for that portion of the storm sewer in Parkside No. 2 that had washed out.. The 18 inch line would run approxi- mately 100 feet from an existing storm sewer line on Allen Place to an outlet in the low area on Alden Place and will include the construction of a man hole where the new 18 inch line joins the existing line. Berger moved, Luebben seconded that the Engineer's proposal be authorized. Aye - all Berger reported that he had talked with the Mayor of North St. Paul and with representatives Of Northern States Power Company with regard to the rates that some of Aplewoodfa citizens are paying North St. Paul for electricity. He stated that he had received no definite information from them although he had been favorably received, He suggested that possibly the Village should secure a franchise with Northern States Power which would insure service from that company for the entire Village. Y miner, Village Attorney$ informed the Council that he had withheld any action on a formerly proposed franchise until the gas dispute was settled between Roseville and Northern Statue Power Co. with regard to the breaking of service lines. It was suggested that the electric and gas problems be separated and that a franchise be secured now for electricity with the gas . problem to be handled later. Rupp movedR Berger seconded that the Village Attorney be instructed to secure a franchise with Northern States Power Co. for electric power service. Ayes - all J0 the a' gestion of the State Board t � Health which hoc" control only " when disease is involved, the Village Health Board requested that a Kennel control ordinance be prepared which would require healthful and sanitary conditions to be maintained at all times. Following a reading and discussion, Luebben moved, Rupp seconded the adoption of the following ordinance: ORDINANCE NO. 54 AN ORDINANCE RELATING TO MOMI S AND PROVIDING FOR THE LICENSING, INSPECTING, AND REGMATINa OF KENNELS FOR DOMISTIC ANIMAL AND PETS. Ayes - all Again at the request of the Village Board of Health, an ordinance was prepared to aid in maintaining sanitary conditions in restaurants and bakeries within the Village. After a reading and discussion, Rupp moved, Luebben seconded the adoption of the following ordinances _ ORDINANCE N0, 55 AN ORDINANCE PROVIDING FOR THE' LICENSING OF RESTAURANTS AND BAKERIES WITHIN THE VILLAGE OF MAPLEWOOD. Ayes - all Memmer, Village Attorney, reported that he had drawn up new street easements to provide for Hazel Street between Larpenteur Ave. and North St. Paul Road and had sent them to the Christian Brothers to be signed. This is one of several streets for which full easements will be needed for sanitary sewer construction purposes. The matter of obtaining the necessary street easements from the Whirlpool Corporation for the streets around their property at English and Frost was discussed. It was decided to write this company and request 30 foot easements on the north side of Frisbie Avenue and the east side of Frank Street which will also be needed to properly locate sanitary sewer lines. The application of Michael Henry McCarthy, 429 Ashland Ave . , for the transfer of an off- sale non - intoxicating 5.2 malt liquor license for Frost Heats, 1161 Frost A,ve. was con - sidered. Schmid moved, - O'Mara seconded that the application be approved. Aye s - all Memner, Village Attorney, reported that an agreement had been prepared providing for the assessment'of property abutting on Barclay Street between Eldridge and Burke Avenues, owned by Mr. Mahlke, as decided at the'last Council meeting. Mr. Mahlke had decided to'make a cash payment instead and had delivered $230.00 to the Village Office as his share of the cost of completing the surfacing of Barclay Street. A petition by H. and Val T« Rothschild for the rezoning of all of Block 28 and that part of Lot 2, Block 21, southeasterly of-Prosperity Road, all in Smith and Taylors Addition to North St. Paul from an R -1, Residence District (Single Dwelling) to a BC, Business and Commercial classification was considered by the Council. The petition was accompanied by an abstractor's certificate naming the property owners within 200 feet of the area proposed for rezoning and the required fee. The required 50% of property owners named in the certificate had signed the petition. Luebben moved, Rupp seconded that the matter be referred to th® Planning Commission for investigation and report. Ayes - all The Clerk, as Commissioner of Election®, reported on a proposed redistricting plan for the Village which would increase the number of precincts to ten and bring each precinct within the legal limitation of less than 700 registered voters. Luebben moved, Berger seconded that the Commissioner of Elections be authorized to proceed with the re- districting of election precincts within the Village of Maplewood. Ayes - all After examining the application of Leonard Lutz, 359 E. Winiford Street for a special garbage haulers license to be used only to pick up at one business establishment within the Village, O'Mara moved, Rupp seconded that he be granted a special license at the regular fee without bond and insurance requirements and be given permission to use,a canvas covered truck. Ayes - all The matter of incorrect house numbers within the Village was discussed. It was decided to proceed with the correction of these numbers along with the street name change program,. It was also decided to designate the East -West and North -South numbers as required. Sylvan Street acts as the East -West number division and Upper Afton Road as the North -South division. As much publicity as possible is to be given to these matters. The loss of time from regular employment by Howard Eggen, Village Dog Catcher, as a result of a dog bite sustained in the performance of his Village duties was discussed. The loss of wages for such an injury is not covered by Workman °s Compensation, although medical expenses are covered. The Council felt there was a moral obligation to protect part -tine Village employees from such loss but there is a question of the Village's legal right to do so. The matter was referred to Ivbmmer, Village Attorney, for in.• vestigation and report. A letter with regard to the Ramsey County Sheriff Police Radio sent by Kermit Hedman, Director of Ramsey County Civil Defense, was read. He informed the Village that matching funds are available for equipment from the Civil Defense Agency. The matter was referred to Trustee Rupp, Acting Civil Defense Director. Following a discussion of-the advisability of closer control on house trailers situated outside of established trailer courts, Luebben moved, Berger seconded that the control of such trailers be transferred .to the Board of Health. Ayes - all Berger moved, Luebben seconded that the Building Code be amended to state that the Village trailer parking fee for trailers located outside of established trailer courts be set at $5.00 per trailer for the first 90 days, $10.00 per month for each additional month up to 1 year, $20.00 per month for the second year and $50.00 per month for the third and each additional year with Council approval necessary for each permit. The matter was referred to Demmer, Village Attorney, to draw up the amendment. Meeting adjourned at 1x35 A.M. Forrest R. Schmid Village Clerk Ayes - all February 20, 1958 The regular semi-monthly meeting of the laplewood Village Ccuncil. was called to order at 7:10 P.M. by Acting Mayor O'Mara. Other members of the Council present were: Rupp and Berger. Absents Luebben and Schmid. Berger moved, Rupp seconded that the minutes of the February 6. 1958 meeting be approved as submitted. Ayes - all Leonard Pepin, Acting Police Chief, submitted the names of Leonard Gates, 2801 James St., Minneapolis and Clinton Wyant, 25_5j Colborne Ave.,, St. Paul, to act as deputy police officers for Talent City, 1160 Frost Ave. Popin stated that these men had been checked completely through FBI, etc. and recommended that they be appointed with special police powers limited to use at Talent City. He planned to have each deputy sign a statement to that effect which would also include the following: The Maplewood Police Department would be called immediately should any disturbance arise which involved a law violation and badges would be returned to the Maplewood Police or Village Clerk's Office if a change in.deputies is contemplated to insure any new deputy's approval by the Maplewood Police and the Village Council, Rupp moved, Berger seconded the appointment of the above men- tioned men as deputies of Talent City. Aye s - all Albert J. Tirovec, 2480 Linwood, asked the Council about abtaining a rubbish hauling license. He stated that he was not interested in hauling garbage as he intended to use his own 15 acres of land for disposal but he was willing to comply with the garbage haul- ing ordinance if that is what the Council would require. He was informed that if he complied with all the regulations, his license would no doubt be approved. However, they explained to Mr. 7irovec that our present garbage haulers pick up both garbage and rubbish and they questioned whether it would be a wise or profitable business venture* H® ' had been under the impression that the licensed garbage haulers would not pick up rubbish. After considerable discussion, Fir. ;irovee decided he would withdraw his application, William Pool, 1604 E. Maryland, asked the Council's permission to place a $10,000.00 trailer somewhere in the Village of Maplewood on a basement for use as a permanent home, The trailer would have between 520 and 560 sq. ft. of floor space. The Council explained that this would not meet the minimum building code requirements and therefore permission would have to be denied. Merle Waite,,, 1227 Ripley, ,appeared before .the Council to discuss the taxes on the following described- property;, lots 19 through 27, Block 22, Sabins Addition and All of Lots 28 through 32 and the West j of Lot 33, Block 22,, Sabins Addition* They had increased approximately 8 times what they were 2 years ago and he had been informed by the County that it was because of the street improvement atutting this property. A. search of the maps and files by the Engineer disclosed that the street by this property is definitely an unimproved street. The Clerk's Office was instructed to write a letter for Mc. Waite giving _this information, W. Waite also requested permission for the VFW to hold a carnival sometime in July on Wakefield Park property. The Council gave him tentative approval to do-so. Mr. Bay Pritchard from Pritchard Lumber Company, 1870 English, asked permission to build an open shed roof on his lumber yard property. Berger moved, Rupp seconded that the permit be granted. Ayes - all Mrs. Peterson, Deputy Health Officer, reported on the complaints she has received from people who live on large tracts of land in sparsely settled parts of the Village in regard to the garbage ordinance. These people are mostly farmers who take care of their ,own garbage on their farm land and do not want to engage a garbage pick up service* She was told to use her own discretion regarding this matter where there is no health menace. Mrs. Peterson also reported on the conditions she found at the K -9 Kennels on Highways No, 36 and 61* The Council asked the Health Department to draw up the rules and regulations for Kennels and see that the owner of this Kennel receives a copy of them along with &-,copy of the ordinance pertaining to Kennels and their licensing, Al Meister appeared with regard to the old filling station he has on the corner of White Bear Ave. and Larpenteur. Londin, Building Inspector, had talked to him about the possibility of dismantling the building. Mr. Meister explained that the building brought in between $500.00 to $1000.00 a year and he would rather leave it where it is although he would paint it in the Spring to improve its appearance. As the building is structurally sound, he was informed that the Council would appreciate anything that could be done in this respect. The Street superintendent was asked to have the road. crew remove all the old signs, such as old campaign signs on telephone poles, etc*, that are on public property and store them in the garage for a short period of time. Oscar Londin, Building Inspector, asked for permission to issue a warrant for Ray McLsvich, 1002 Glendon, to appear in Zustice Court as he had not completed his super- structure by February 20, 1958 as he had promised to do. The Council granted this permission. Londin also reported on the Arthur Sinn property, 2504 Minnehaha Ave,, stating that the exterior of the house had not been completed although he had given W. Sinn repeated warnings that this would have to be done. The Council instructed Londin not to contact DT. Sinn about it at this time as it might be necessary to condemn this property for sanitary sewer purposes at a later date. As many people have been making inquiries about doing their inside plumbing now in Preparation for future sanitary sewer connections, W. Londin suggested that any plumber making application for a permit now would draw a diagram of the way he is in.. stalling the plumbing. At the time the second permit is issued for the actual connection, a diagram would again be drawn on the permit by the plumber and the two should be identical* The Council concurred with this idea. Plumbing fees were discussed with the Building Inspector at this time with regard, to the inside plumbin g necessary to ,get ready for connection to ,the sanitary sewer system at a later date. Londin explained it was sometimes necessary to make two inspections because of the plumber not always being sure of whii -6 -the pipe -t should go, After some discussion it was decided to charge $4,00 for the actual inspection of completed work and $3.00 for an auxiliary inspection, W. Londin brought to the Councils attention the fact that no permits had been taken out on the Northern States Power Co, buildings at 1550 Century Ave. for heating, plumbing and cess pool and the installations had been made last fall. He was of the opinion that the heating contractor did not know about the practice of licensing in .the Village and had contacted the office and applied for'everything he needed as soon as he was called. He suggested they pay double fees but not be persecuted further under these circumstances. The plumbing and cesspool had been installed by a licensed ,plumber and cesspool installer but upon talking to the contractor discovered he had been under the impression all permits had been taken out before he was called on the job, The cesspool installer does not carry a license in 1958 and didn't anticipate applying for one this year, The Council decided that this permit could be taken out under last years license since the work was actually done then. The cesspool permit shall be marked "no inspection could be made because of frozen ground ". The Council agreed with the Building Inspector's recommendations. Johns Mmsville Weathertite Sheathing was brought to the attention of the Council by Londin. He recommended it be approved for use in the Village of Maplewood. Berger moved, O'Mara seconded the approval of this material to be used as sheathing only. Ayes - all Memmer, Village Attorney, reported on the suggested amendment to the building code re- garding trailers and questioned if it was a good idea to write it the way it was suggested at the last meeting. He felt the impression would be given that any one could place a trailer on private property if they paid the fee. After much discussion it was decided to review the trailer cases by asking the applicants to appear before the Council each time they apply for a renewal of their permit. Also each time a permit is issued the $1.50 a month trailer tax fee should be collected in advance along with the $1.00 permit fee. Memmer suggested that the Deputy Health Officer deliver a questionaire to each trailer owner in the Village and. have them -fill it out and return it to the Clerk a few days ahead of the meeting so the Council would have time to study each case. Trustee Berger read the letter he had written each petitioner who had asked that the Council revert the name Maplewood Drive to Highway No. 61. He had explained in the letter that the change had been made primarily to facilitate the delivery of mail and that he had contacted Mr. Corey, District Manager of the Telephone Company, who had agreed to let them carry their listing as Highway No. 61 if they wished to do so. Ljungren, Village Engineer, reported on the storm sewer study of the Van Dyke area. He stated that he had checked the area and all available records very carefully and found that it'would involve more than he had originally anticipated. He had contacted the County and State and they indicated they will bear their share of the cost if a definite complete survey is made of the drainage ditches in the area. As North St. Paul has flowage rights established by court action in some of these drainage ditches, the.Engineer was authorized, to contact the Attorney of North St. Paul and work with him on this project. Ljungren also reported that the storm sewer plans for Parkside #2 had been turned over to the road crew for completion, Andrew Shuster appeared to discuss with the Council the procedure for constructing Radatz Ave. which is a border street between Maplewood and North St, Paul. He is going to build homes in North St.. Paul and Radatz Ave. will be a boundary street for his plat. He was informed that the street was not the only problem involved but there is a. possibility of a common sewer line on a boundary street such as this and this sewer problem would have to be solved by an agreement between Maplewood, North St. Paul and the City of St. Paul. The Clerk was asked to write a letter to the North St. Paul Council to inform them that Maplewood is interested in any plans they make with regard to this project and also any plans they have for the sewer in this area. R The Engineer reported on the need for an air compressor. The street crews have been using the filling station's equipment for their tires but now that th® V page gasoline is bought from the distributor rather than the local stations it proves to be an awkward situation especially since the cloride that must be used in the tires is destructive to the hoses. The Engineer estimated purchase price to be $150 to $160. The matter was referred to the Street Commissioner for investigation and action. Ljungren, Village Engineer, and Trustee Berger reported on a meeting they had attended at the request of Minnesota Mining and manufacturing Co. on February 19, 1958. They met with Minnesota Mining and Ellerbe and Co. with regard to future street needs in the Mining area. The possibility of continuing Conway Avenue to Century and also the feasibility of establishing a new street running north from Conway Ave. was discussed. There were no decisions made but the area will be studied by our engineers and a report will be forthcoming at a later date.. Ljungren presented the legal descriptions of the easements that are needed to open the following streets to their full width: GERMAIN STREET from the north line of North Dells to Demont Ave. GNBUIN STREET from County Road "C" to Demont FLANDRAU STREET from County Road "C" to Demont DEMNT from Germain to Sout.hlawn Drive BROODS STREET from Hazelwood to Germain These legal descriptions were given to the Attorney and he was instructed to procure these easements. The Engineer also presented the certificate of survey necessary to obtain the easements for the opening of Frisbie Ave . , between English St , and Frank St . ,and Frank Street q between Frisbie Ave* and Frost Ave.,to full width streets. Records in the County Auditors office indicated the owner to be the Northern Pacific Railway Co. and the lessee to be Whirlpool S ® agar Corp,, Memmer, Village Attorney, was also instructed to obtain these easements. Forrest Schmid, Clerk, arrived at this point and took his place on the Council. The Planning Commission's report on the rezoning of Lot 2, Block 21, Smith and Taylor's Addition to North St, Paul was given to the Council. They felt that they and the Council should have some knowledge of the type of development planned for the area. before any definite recommendation could be given. The petitioners are to be informed of this`re- quest for further information. Berger moved, Rupp seconded that a hearing be set for Marah 20, 1958 at Ss00 P.M. on the rezoning of the above lot. Ayes - all Peter Moritz, Sanitary Inspector, stated that several court cases were pending on cess- pool installations and he asked if the Village would pay his expenses or if it would be the responsibility of those calling him into court. It was pointed out that only a small witness fee is paid unless the witness is called for expert testimony. The Village will continue to pay Writzb wages while he is absent for the court cases. Rupp moved that Leo Raeder be appointed weed inspector for the Village of Maplewood for X9580 O ra; seconded. Ayes - ail The Clerk read a letter from Stafford King, State Auditor, stating that the Federal Distribution of Cigarette and Liquor taxes collected ;uly 1, 1957 through December 31, 1957 to Ramsey County Municipalities will be delayed because of the White Bear Lake Annexation which to under litigation. Because of this the population figure cannot Properly be determined at this time. It is their plan at the present to wait until the Supreme Court determines the validity of the annexation. Bill Carr, of Car -Cor, Inc., appeared with regard to the bench on the corner of White Bear,Ave. and Larpenteur. He had been informed by the Building Inspector that it was not permitted, under as policy adopted previously with regard to such benches because they are considered so.similar to advertising signs. The Village Engineer pointed.out tha't the benches also create a problem with regard to snow plowing when they are placed is the road easement area. Mr. Carr's request was denied. The Council was presented with the application for Donald R. lundbarg and Gene Nardini of the L. and N. Concessionaires, for an on and off sale non-intoxicating malt liquor license for the Keller Club House, 2166 Highway No. 61. It W pointed out -that this was simply a change of operators. Berger moved, Rupp seconded that the transfer O*f' the .. beer license be granted. Ayes all 0 Mara moved, Rupp seconded that the following resolution be adopted& 58 2 6 "RESOLVED, That the Village Attorney is hereby authorized and instructed ...'to•dommence condemnation proceedings to secure the two-following described parcels of property for use in the sanitary sewer system: 1. Lot 9, Block 4 Farrells Addition 29 The West'i of the followings.' Subject to DUnnehaha Street and except the East 197.36 feet; the North 5 acres of the West 1/8 of the N.E. + Of See- 36, Town 29, Range 22, Ayes all The matter of the uniform allowance for the police was discussed, The Clerk informed — the Council that the only notation he could find in the' minutes was the fact-that.:t-here: Wag a payment of $6o*oo payable on May lst of each year for uniform alldwance.-- It was dteiaad- that there had never been a definite decision as -to when a new 'man would :be-;_'. eligible for this allowance. The matter was referred to Trustee Rupp for inved.t.1-961t-ion..- and -report* A wetter =`addressed to the Clark from Bernard" M. Troje, Executive Secretary for '*Oe'City` and County Detention and Workhouse Facility Commission -was read. He proposed in his'T' letter that` the Village work with the City and County in the eonstruation,of a san'it4ry 1-- sewer lice which could be used to serve the Village as well as the vorkhod6e 'faciliti0o. O'Mara moved, Berger seconded that the letter and attached sketch be referred to the sanitary sewer engineer for investigation and report. Meeting adjourned at 12125 A,.M. Ayes. .all Dorothy M. I Jny Deputy Clerk Forrest R. Schmid Clerk ° February, 27 0 19.E 8 special meeting of the Maplewood Village Council cti g l yor 00-Marao Other members' of the Council was called to order at 7 -000 P by present were g, Berger, Rupp and Schmid g Fdward Kiehel g representative of Bettenburg, Townsend, Stolte and Comb, consulting sanitary sewer engineer$ for the Village. presented and explained ths. plans and specifi- cations for the proposed -sanitary sewer improvement for the Village of Maplewood," He expl..a.ihod' that * the system proposed for installation is to be called Sanitary Sewer Improvement Teo. 1 and will consist of threes pro jectso Project No, l is to be k4own as the Gladstone Project and will include the area north of Larpeantour and south of Highway Rio, 36 between White Bear Avenue and Highway No. 61. Project loo, 2 will be knqVa as the Hillares.t Project and, will include the area north of the Omaha Railroad 'Tracks AAd south of the North St. Paul Village limits between White Bear Avenue and Century Avenue. Project Rio, 3 will be known as the Beaver Lake Project and will includes the area-north of Conway Avenue and south of the Omaha Railroad tracks between McKnight Road and Century Avenue, The threes projects will be included in one set of plans and specific atigns bUt ,vil,l be bid upon as separate projectsa The contract under the specifications may be awarded. to the lowest overall bidder or lowest combination of bidders depending upon t1A best interests of the Vi.l l.age e Work is to begin simultaneously qu all three projeots to the extent practicabheo A separate set of plans and specifications ications was also p'resen.tead and discussed regardiag the-construction of pumping stations and a mstering station. They spectfi eattons will contain a base bid calling for four (4) pumping stations and one (1) metering station„ — AUa alternate bid will be asked for a Fifth pumping statione The need for the fifth pwapi,ng. -station will depend on the outcome of negotiation with the Village of North St" Paul for as connection with their system4 Robert Sander, representing ;ur°an and Moody, Village fiscal agents, was also present and discussed the proposed financing of they improvement, It was decided to issue the -bonds necessarry - -to finance the improvement in several series, calling for funds as they are needed, Consideration is to be given short tam financing to offset the effects of anticipated prepayments of assessments o Pki-aber Rupp Wroduced ' tha f 611owi.ug ,�°e-solntion a,nUmovead Ita ad.eipti bu s 58-2 -7 "BE IT RESOLVED By they Village Council of the Village of Maplewood., ldn4ssota, as follows s (1) Plans and specifications prepared by the consulting engineer for a Sanitary Sewer System of the Village are hereby approved. (2) This council, shall meet at the Council Chambers in the Village on March 27, 1958, at 200 o' c loot P.M. for the purpose of considering the bids and awarding a- eontaract for they constru;etion ,of ,sai.d improveme nto ,...,..,..,,.,, ..,..,.,.,, (3) The Clerk shall prepare amd causes to be published. in the official newspaper of the Villages and in the Construction .Bulletin an advertisement -< which shall call for bids in accordance with the plans and specifications of the improvesmentp shall state the time when and' the place where bids will be opened and considered by this council* and shall state that no bids will be co-usiderod unless sealed and filed with the Clark and accompanied by a cash'. .deposit, bid bond or certified check in the amount of 5 percent of the .bid, The motion for the adoption of the foregoing resolution was duly secoudea by member .Berger and upon as vote being take thereon,, the following voted in favor thereof: 04%ra.o Berger 'Rapl)'amd S.ohmid,cmd, the ,falloving voted against same Nono., I I _" Pkeeting adjourned at 11,800 PIM. March 6, 1958 K Forrest Be Scbmid Village Clerk The regular semi-monthly meeting of the MaplewoodI.Village Council was called to order at 7115 P.M. by Mayor Luebben. Other member's of the Council present were i O'Mara., Rupp, Berger and Schmidt absents none* Berger moved that the minutes of the February 20,, 1958 meeting be accepted as nubinitted. Rupp seconded* Tbo:, minutes of the February 27, 1958 special meeting were .read. Seconded that the minutes be accepted as read. . Ayes . all Rupp moved,, O'Mara Ayes all WmIter Koehnen, 1745 Edgerton Street,, appeared on behalf of his aged father, A. Me Koehnen, who had made application for a trailer parking permit under the new-ly adopted Council policy which requires a review of each. case for each 9.0 day period. The application stated the trailer had been parked at 1745 Edgerton for 16 months and is served by separate electrical and water systems. Consideration for continued permission was based on the low income of Mr. A. M. Koehnen which does-not permit the payment of a trailer court rental fee. Berger moved, Luebben seconded that a nermit be granted for a. 90 day period upon payment of the $1*00 permit fee and the p $1-50 monthly trailer tax. Ayes - all Byron Holm, 1787 Jackson Street, appeared before the Council on behalf of a group of residents in his area who are interested in organizing a. one truck volunteer fire department. The department would be used to handle small fires .and larger fires until the assistance of the regular departments could reach the acenee. He asked if the Council would be willing to approve such a venture. In. answe:r to the Goundl s query as to the availability of volunteers..* he stated that there are sufficient men available both day and night to provide 24 hour service* The Council indicated its willingness to cooperate if the group were organized and trained. Mr• Holm stated an agreement had been reached with the d-ladstone Depaitment to provide the training. The matter was referred to Trustee Rupp for further investigation. Philip Oswald_, 1700 E. County Road C, requested a building permit for Lots 17 and 18, Block 19 Pf lue gers Addition. The property is at present slightly below the 10,000 square foot minimum requirement. He pointed out that a petition had been ___i submitted to vacate the alley in this block and had been joined by the other property owners in the request. The additional property made mailable by the vacation will bring the lots above the minimum requirement. Luebben moved, Berger seconded that the request be granted in view of the fact that the alley vacation would undoubtedly be approved.. Ayes o all The Council then considered the petition for the vacation of the alley in Block 10 Pfluegers Addition which is bounded by County Road B, Prosperity Road, Lealand Road and the West line of Pf lue gers plot line* The petition was accompanied by an ab. stractors certificate and the required fee. Mayor Lue.bben set the hearing on the vacation for 8800 P,Mo on April 3, 1958, The Clerk was instructed to publish and post proper notice of the hearing. After a brief discussion on the procedure to be followed in reviewing the trailer parking permit applications, it was decided to review the permits of those trailers that were due to expire first. Subsequent revdbws would follow using the earliest expiration date to determine the order. Andrew Shuster, 1992 Maryknoll, appeared before the Council in regard to his pro. posed plat of Dalton Park, The major portion of this plat is, to be- in North St. Paul with a small area in Maplewood.. He requested permission to start the develop. me nt in Maplewood by building four model homes along Radat z Avenue. He stated that _ he would provide the necessary road escrow funds for the construction of that street and with the understanding that sewer and water permits could be withheld by the ,Village of Maplewood until such time as those services become available. The matter Hof sewer service connections in boundary streets such -as this is under consideration between Maplewood and North St. Paul at the present time. Luebben moved, Berger seconded that permits be granted Mrs Shuster for four demonstration homes upon the completion and acceptance of an agreement to be drawn and approved ,by the Village Attorney and Village Engineer. Ayes - a 11 Londin, Building Inspector, reported that Ray Mcievich, 1002 Glendon, had appeared in Tustice Court following Londin's issuance of a violation notice for failure to complete the superstructure on his house. Mr. McLevich was given two weeks in which to complete the superstructure Londin also reported that the advertising bench at Urpenteur afid* White' Bear "Avanues had been removed by the Village street department crew when it was found 'that the Car -Cor Company had failed to do so as instructed at the last meeting of the Council. Londin reported that he had received a request for information on the property at Fifth Streiet and Ferndale from a realtor who is planning to sell the property. Londin recalled that Irving Reeves had been issued a building permit for this property in 1955. A garage had been built and the owner refused permission to convert the structure to a dwelling. He also recalled a deed restriction on the property which prevented its subdivision. The Council has no authority to alter (such a deed restriction. Londin reiterated his intent to refuse permission for 'a permit to convert the garage and asked the Councils opinion. The Council agreed with the Building Inspector's decision and stated it would support his decision. Trustee Rupp reported on his investigation of the uniform allowance policy* Rupp moved, Luebben seconded that the annual uniform allowance be paid to Village police officers on a retro-active basis on May 1 of each year at the rate of $5.00 for each month of service during the previous year* Ayes - all Trustee Rupp reported that the Police Department would like to maintain a waiting list of five prospective officers. Each would be interviewed and cleared before being approved for the waiting list. They also requested information as to the status of a prospective officer under Village insurance coverage if taken on a tour of duty as a part of their pre-employment orientation, The Clerk was instructed to contact the insurance mompanr. for information on this situation* Trustee O'Mara suggested that prospective candidates also be given a physical ex- amination and Minnesota multi-phasic test. Trustee Rupp was asked to investigate and report his findings to the Council. The proposed regulations designed to govern the, operation of commercial kennels in the Village were read to the Council. They were developed with the assistance of Dr. Rosell of the Hillerest Veterinary Hospital and approved by Dr. Nimloso chair- man of the Board of Health. O'Mara, moved, Berger seconded that the regulations be approved. Ayes . a 11 Toseph A. Zappa, 2522 Flandrau street . appeared before the Council with regard to the proposed construction of Demont Street between Flandrau and Bittersweet Lane. Mr. Zappa, who owns the property on the northeast corner of the proposed right -of- way, objected to the proposal as detrimental to his property and safety. The plan for the constructing 'of this street was shown and explained by the Village Engineer who pointed out that, in view of the petition to construct the portion of Demont to the east of this section And the need for the reconstruction of the portion to the west, this was alt to be the most advantageous time to complete the entire project. Afteir examination of the plans, it was found that the project was not as objection.' able as Mr. Zappa had anticipated.. He agreed to give the proposal further con- sideration. J The Council then discussed the policy to be adopted in requesting future road casements* it was agreed that in view of the past practice of so-euring such easements without payment to the owners, it would be unfair to now adopt a policy of paying for such road rights. The policy of securing these easements without cost is to be continued wherever possible* Memmer, Village Attorney, reported on his recent meeting with Adrian Winkel, .Ste Paul Public Works Commissioner, at which -time he presented the proposed sanitary sewer system plans for approval. He reported explainin$,eartain variations in the plans from those permitted "under the St. Paul permissive ordinance. Mr. Winkel had indicated that these deviations could be incorporated in the agreement to the satisfaction of St. Paul and Maplewood.* Memmer then read the follow-up letter in which he formally requested approval of the plan submitted including the proposed variations# .n r Memmer, Village Attorney, presented and read a proposed franchise granting Northern States Power Company the use of streets, alleys and o *char public places for the manufacture,,-transmission, distribution and Bale of gas and .prescribing the .terns and conditions of such franchise. He stated a copy had been sent to Northern States Power Company for study. Copies were distributed to the Council for study and later discus sidle. Olson, Village Treasurer, reported his investigation on the proposed purchase of an air compressor for the street department. The cost was placed at between $100.00 and $125.00. the Council authorized the purchase. When it was reported that all work was complete and the final costs secured for Street Improvement Project 57 -1, Luebben moved, Rupp seconded the adoption of the following resolution: .RES # 58 - 3 - 8 "WHEREAS, a contract has been let for the following described projects included in Street Improvement Project 57 -11 _o.' 1, r (1) The improvement of Edgmmont , Kingston and Arkwright Streets within Monn's Villa by grade correction and bituminous surfacing at a contrast price of $7,688.27 -and with expenses incurred .in the making of said improvement amount - ing to $736.22 for a total cost of the improvement of $8.44#491 (2) The improvement of Lake Street between Lydia Avenue and Woodlyn Avenue by grade corrections grave 1, stabilized ..base construction and bituminous at a contract price of $7,684.53 and with expenses incurred in the making of said improvement amounting to $655.76 for a total cost of the improvement of $8.340.29 ; (3) The improvement of Phalan Place from Ripley Street to Sophia Street and Gordon from Pha le n Place to Ripley by grading, gravel base construction and- bituminous surfacing at a contract price of $6,000.71 and with expenses in. curred in the making of said improvement amounting to $59 7.05 for a total cost of the improvement of $6,597.76 and of the cost the Village proproses to pay $1921,321 (4) The improvement of Meyers 'Street between the North line of East Minnehaha Avenue and the South line of Bush Avenue (formerly Fauquier Avenue) by grading and gravel base construction at a contract price of $3,531.18 and with expenses incurred in the making cif. said improvement amounting to $322.38 for a total .cost of the improvement of $3 , 853.56 t (5). The improvement of Third Avenue from Atlantic Street to English Street by grading and gravel base construction at a contract price of $3,156.14 and with expenses incurred in the making of said improvement amounting to $369.23 for a total cost of the improvement of $3,525.33# "NCB THEREFORE HE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEVOOD, MINNESOTAt (1) 'Thee cost of such improvements to be specially assessed is hereby declared to be the total cost of each project as shown above* (2) The Village. Clerks with the assistance of the Villagp Engineer, shall forthwith calculate the proper amount to be speeially 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 assbssment in his office for public inspection • (3) The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof Aye s . all The Clerk wpxted tk t., in anticipation of the Councils action and with the as.• sistance of the Village Engineer, he had prepared the assessment roil for Street Improvement Project 57 -1. The roll was prepared by determining the assessable front foot cost separately for each project within the overall program. The Council concurred in the use of this method. It was also decided to use the assessable montage of Lookout Park in determining the cost of the, Phalan Place.. Gordon Street project. The property owners in that area are to be notified that Lookout Park will be put up for sale as a building site in order to recover .the cost of the assessment. Berger moved, Luebben seconded the adoption of the following resolution# RESe58 -3 -9 WHEREAS, by a resolution passed by the Council on March 6} 19589 the Village Clerk was directed to prepare a proposed assessment of the cost of certain improvements under Street Improvement Pr©ject 57 -1 which are described as follows $ (1) The improvement of Edgemont , Kingston and Arkwright Streets within Monnes Villa by grade correction and bituminous surfacing; (2) The improvement of Lake Street between Lydia Avenue and Woodlyn Avenue by grade correct ion., gravel stabilized base construction and bituminous our - fa4ing; - (3) The improvement of Phalen Place from Ripley Street to Sophia Street and Cordon from Phalan Place to Ripley Street by grading, gravel base construction and bituminous surfaoingf (4) The improvement of Meyers Street between the North line of East Minnehaha Avenue and the South line of Bush Avenue (formerly Fauquier Avenue) by grading and gravel base construct ion t (5) The improvement of Third Avenue from Atlantic Street to English Street by grading and gravel base construction, AND WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed -in his office for public inspection, NON THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD9 MINNESOTA# (1) A hearing shall be held on the 17th day of April, 1958 in the Village Full at 8100 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 e, Aye s - all At the request of the Village Clerk, the hearing set for March 200 1958 on the pro- posed rezoning of Lot 2, Block 21, bmith and Taylors Addition to North Ste Paul, was reset for April 3, 1958 at 8 130 Pal. After` a discussion of the dog control situation with Howard Eggen, Dog Catcher, it was decided to adopt a leash law for the Village to be effective from April 19 1958 to September 30, 1958. The Clerk was instructed to publish the proper — notice in the official newspaper and to secure as much publicity as possible for the order. Luebben moved, Rupp seconded the adoption of the following orders Purhuant to authority. 'veat4a in tte Villagi Cofxneil ' of thi Villa "of `Maple.. woad by provisions of Seiticn� 9., Village Otdihaiee- Igo. ;8� ns,amendedi it is hereby ordered that for a period of one hundred eighty (180) days, commencing April 1, 1958 and ending September 30, 1958,, 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 exceeding 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 lice.need and shall pay a fee of $3.00 plus $1.50 per day for each day the dog is held. Any dog unclaimed- f6r more than three (3) days shall. be disposed of according to law. Ayes- - all Eggen, Village Dog Catcher, also brought to the Council's attention a provision in the North St. Paul Village dog ordinance which permits the dog catcher and police officers the right to shoot dogs that they are unable to impound without danger to themselves. He recommended that such a provision be written into the Maplewood dog ordinance. After a lengthy, discussion, it was decided to withhold' action on such a move. Ljungren, Village Engineer, reported on the Van Dyke Avenue drainage construction petition.. He stated that the matter had been discussed with Memmer, Village Attorney and had learned that a law suit is pending over a claimed block in thr drainage for the area between White Bear Avenue and County Road B into which this project would drain. PA suggested that a complete'; survey of the entire drainage system be undertaken before any further action is taken on the petition. This survey had already begun under the authority granted him at the last regular meeting. Ljungren recomended that a three ton truck axle limit be placed on all Village roads. except Conway Avenue which is to remain as a nine -ton road. Berger moved, Luebben seconded the adoption of the following resolution# RES. 58 • 3 • 10 RESOLVED, that in view of the onset of warm weather, the danger of damage to Village roads during the Spring season has been noted. The Village Engiheer� is hereby authorized and instructed to post and enforce a three ton truck axle limit on all Village roads except Conway Avenue which shall have a nine-ton axle limit to become effective March 110 1958 Aye s - all Luebben. moved, Rupp seconded that the following resolution be adopted: 58 . — 3 - 11 RESOLVED, that the Village of l&.plewood join the Ramsey County Municipal Official's Association and pay the required annual dues in the sum of $5.00 for the year beginning January 1, 1958. Ayes - all At the request of the Ramsey County Municipal Official's Association for a representa- tive of Maplewood to serve on a Building Codes Committee being formed by that group, Oscar Londin, Building Inspector., was appointed by Mayor Luebben to serve as the Maplewood representative. At the suggestion of Trustee Berger who_. submitted the name of Robert Murray, 779 Mary Street, a resident of the Village, it'was decided to offer W. Murray's name as ae nominee for assistant assessor in answer to a request from the County Assessor's office. Berger moved, Rupp seconded the adoption of the following resolutions 58 -3 - 12 RESOLVED, That the following named Nkplewood resident be nominated and recommended to act as assistant assessor to serve under the jurisdiction and control of the Ramsey County Assessor; Robert Murray, 779 Mary Street, 5t. Paul 6, Minnesota, SP 9 -8802. The Clerk is hereby authorized and. directed' to submit a copy of this resolutioh' to Ronald V. Powers, County Assessor',"' without delay. Ayes - all A report was made by the .Village Attorney that the Village is legally permitted to reimburse its part -time employees for loss of wages suffered in the course of the discharge' of - their Village duties. Rupp moved, Schmid seconded that the dog catcher be reimbursed for his loss of wages from his regular employment less any disability payments he received. Ayes - all The Maplewood Village Police Department requested that the Council contact the State Highway Department asking them to establish a uniform speed limit of 40 miles' per hour on Highway Ito. ,100 from Highway No.-212 to Highway No. 12. Berger moved, Rupp seconded that the request be forWarded with a recommendation that it be adopted. Ayes - all k letter from Girl Scout Troop 252 requested that several safety hazards in Wakefield Park be corrected and asked the Council's cooperation in securing the suggested corrections. Rupp moved, Luebben seconded that a letter be directed to the County Engineer's office recommending the corrections proposed. Ayes - all Moritz, Street Foreman, requested the Council to set a price to cover the cost of the pickup of the advertising bench from White Bear and Larpenteur Avenues. He was instructed to charge the owner $15.00. .Meeting was adjourned at 12 s50 A.M. p Forrest R. Schmid; Village Clerk March 20, 1958 -_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: Berger, O'Mara and Schmid. Absent: Rupp. Luebben moved, 0 Okra. seconded that the March 6, 1958 minutes be approved as submitted. Ayes - all Rueben Heckman, 2579 Cypress Street, complained about a dump on the property of Albert Philip, owner of the Philipvills Trailer Court. Mr. Heckman stated that last year when the Philip's house was moved to its present location, Mr. Philip had complained about an area filled with cans on the Heckman property. Mr. Heckman had covered them up. Later W. Philip established this present dump. Mr. Heckman stated that he had complained about it previously and nothing had been done. lws. Peterson reported that she had requested Mr. Philip to cover the area a few days ago. Mrs. Peterson was instructed by the Council to- inform Mr. Philip that he must first obtain a dumping permit from the Council and then agree to keep the area continuously covered or stop dumping there. Mr. Knowles, Mr. Wallace, Mr. Gausmait "an& `Mr. Law, representatives of the firms involved in the planning and construction of the LaSalle Institute's Mary T. Hill High School for boys, appeared before the Council to discuss their plans for the construction of that school. The Council indicated they were happy to see them building in the Village and informed them to present their final construction plans at the office for the Building Inspector's approval and permit when they are ready to start construction. The school is to be located north of Larpenteur Avenue near Beebe Road. Mrs. Robert E.. Johnson, 901 E. Sixth, St. Paul, requested a permit to build on Lot 19, Block 69 Parkside'Addition, The lot fronts on Allen Place which has not yet been constructed..,. She stated that her parents, who own the lots adjoining Lot 19 at the rear, would give her an easement across their property to reach W. Kenwood Drive. The Council felt it was unlikely that Allen Place would ever be constructed in view of the hilly terrain and questioned whether a house in this location could ever be serviced by the sanitary sewer system. They advised that a permanent easement be arranged if a permit is granted. The matter was referred to the Village Engineer who is to visit the site and check with the sanitary sewer engineers before bringing his recommendation back to the next regular Council meeting. The Council then began the review of applications for trailer parking permits for sites other than in established trailer courts. The first application considered was that of lose ph 1. Mohr for a 90 day trailer parking permit at 2351 Bush Avenue. The occupants have lived in the present location since December,of 1956 and are not serviced by running water or sewer. They own the property on which the trailer stands and plan to build a home on the- property when they can afford it. They were advised that this situation would not be allowed to continue indefinitely. Berger moved that a permit be granted for 90 days, at the end of which time they must return to the Council for a permit and with a definite date in mind for building. Schmid seconded. Ayes - all The next application considered was that of Tames T. Mitchell, 2725 Conway. The trailer has been in its present location only 3 days and is located on the property of S. J. Bologa. The septic tank alone is for the exclusive use of the trailer. He stated he planned. to leave the trailer in the Village indefinitely, but intends to purchase a lot outside the Village as a building site. Berger moved, O'Mara seconded that a 90 day permit be given without the privilege of a renewal. Ayes - all , The application of James Couve, 2575 Carver Ave., was read. The trailer has been in this .location for 6 months and is serviced by electricity, water and sewer. The occupants plan to build a home in the Spring or Fall. Luebben moved., O'Mara seconded that a 90 day permit be granted. Ayes - all The next application for go day trailer parking permit was that of Reuben Peterson, 2491 Carver Ave. It was learned that this trailer is not continuously occupied but used only a day or two at a time by the father of the property owner. It was decided that this is a case where a permit is not necessary. Mrs. Peterson was informed that should it be occupied in the future, it would be necessary for the owner to secure. the permit and. pay the necessary fee and tax involved. The application for a 90 day trailer parking permit submitted by Blanche G. Dorsey, 2370 Gall Ave, was then read. The trailer has been in the present location since November 15, 1957 and is served by electricity, running water and sewer which are for exclusive use of the trailer. The owner of the property is LeRoy Roecher. The application stated that the trailer occupant is not well and would like to live near her daughter. O'Mara moved that a 90 day permit be given with the understanding that a renewal will not be given if there are any complaints from the neighborhood. Luebben seconded. Ayes - all The application for a 90 day trailer parking permit submitted by Dwight C. Hammer, 2666 Highwood Ave.. was read. The trailer has been in the present location about 2 months, The applicant states that this trailer is not occupied and he plans to use it only for vacations. Mrs. Peterson reported that the trailer was being used - for sleeping quarters for other members of the family according to information offered by neighbors. Mr. Hammer stated that he planned to move the trailer to his summer lake property as soon as weather permits. O'Mara moved that a permit be given for 90 days without right of renewal. Berger seconded. Ayes - all The application for 90 day trailer parking permit submitted by Mrs. Julie Jensen, 1825 McKnight Road, was read. The trailer has been in its present location since September, 1956, on property owned by Stanley Torgersen. Mrs. Jensen stated that she must live near her daughter and son-in-law because she is almost blind and can- not care for herself on her small income. Berger moved that the permit be granted for 90 days with the understanding that if there were neighborhood complaints it could not be renewed. Luebben seconded. Ayes - all The application for a 90 day trailer parking permit submitted by Patrick H, Farrill, 2467 Hazelwood, was read. The trailer has been in this location, which is the property of Martin Greis, for approximately 14 month. He stated that he planned to live in the trailer approximately 3 more months at which time he plans to buy a house. Luebben moved, Berger seconded that a 90 days permit be granted. Ayes - all At the suggestion of Oscar Londin, Building Inspector, Ruth Swenson, 888 Simms, appeared before the Council to obtain permission to build on her property, Lots 19 and 20, Block 4. Kavanaugh & Dawsons Addition to Gladstone. The property is located on dedicated but unimproved streets. That matter was referred to the Village ]engineer for study and report. Harold Kranz, 1287 E. Lark Ave., stated that he felt that the connection of the newly graded Lark Ave. and the existing English Street was not properly completed. Ljungren explained that Lark Ave. had simply been graded and the gravel base put in. It is still 3 inches low and as a result the water pockets at that corner. It was agreed to haul in sufficient gravel to bring the surface of Lark Ave. up gradually to meet English Street. Ljungren stated that this had been done on several other newly constructed roads in the Village. The Clerk whs instructed to write a letter to the North St. Paul Area School Board suggesting that "Maplewood" be incorporated in the name of the school district in order to avoid the misunderstanding created by the present name. This letter is to be signed by the Mayor and the Clerk. Memmer, Village Attorney, reported that he had been contacted by Mr. Treader and ! W. Bergstrom of Northern States Power Co. in regard to the proposed Franchise. Thay had provided him with a copy of the Franchise Ordinance used by other municipalities and suggested that it be used by Maplewood. Memmer stated that the proposed copy provided by them included all the provisions that are in the ordinance he had written. Berger moved, O'Mara seconded the adoption of the following ordinance. ORDINANCE NO. 56 AN ORDINANCE GRANTING PERMISSION TO NORTHERN STATES POWER COUANY, A MINNESOTA C OFLPORATI ON, ITS SUCCESSORS AND ASSIGNS* TO ERECT A GAS PLANT, AND TO USK THE STREETS, ALIEYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR THE PURPOS,N � OF INSTALLING, ENLARGING, OPERATING, REPAIRING, AND MAINTAINING IN THE VILLAGE: OF MAPLEWOOD, MINNESOTA, THE NECESSARY GAS PIPES, MAINS, AND APPURTENANCES FOR THE FURNISHING OF GAS TO S AID VILLAGE AND ITS INHABITANfiS, AND OTHERS, AND TRANSMITTING GAS INTO AND THROUGH SAID VILLAGE. Ayes - all LJungren, Village Engineer, pointed out that the resolution adopted on October 17, 1957 regarding Municipal State Aid Streets was incorrectly worded and should be amended. Where the original resolution read "WHEREAS, it appears to the Village Council of the Village of Maplewood that the streets hereinafter described should be designated as "Municipal State Aid Streets;etc., it should read "WHEREAS, It. appears to the Village Council of the Village of Maplewood that the streets hereinafter described should be established-,t located designated and constructed as "Municipal State Aid Streets" etc. Berger moved, O'Mara seconded that the resolution be so amended. Ayes - all Ljungren also recommended the following five projects be designated for completion within the Village of Maplewood under the Municipal State Aid Funds. 1. The acquisition of additional right -of -war on Conway Ave. 2. Right -of -way acquisition for a north -south road running north from Conway Ave. near the half section line. 3. The improvement and widening of the ditch section on Frost Ave. 4* The construction of an additional 2000 feet of Conway Ave. 5. The reconstruction and construction of English Street from Larpenteur Ave. to County Road "C ". He pointed out that the designation was made solely to secure project numbers with the Minnesota Highway Department and did not commit the Village to the spending of any funds or to any particular completion date. Berger moved, Schmid. seconded the acceptance of the Engineer's recommendation. Ayes - all The Village Engineer was instructed to proceed with the preparation of advertisement for bids on sand, gravel, culverts, distributor and oil and bring them to the special meeting to be held March 27, 1958 for the Council's consideration. After a brief review of the plans and specifications for Village street signs, the Council agreed the specifications should. be made a part of the Street Ordinance to insure.continued uniformity. Berger moved, O'Mara seconded the adoption of the following resolutions 58 -3 - 13 RESOLVED, That pursuant to Sec. 2 -7 of Ordinance No. 53 Detail Plate No. 1 relating to specifications for street name signs is hereby adopted and made a part of said Ordinance No. 53. Ayes -- all Londin, Building Inspector, reported that Ray McLevich, 1002 Glendon, had secured lui er for the completion of his superstructure. Londin also reported on the bsement located on Hazel Street belonging to Lawrence Harshman, 2210 Van Dyke. It is considered by the surrounding residents and him- self to be a hazard and he suggested that it be filled. The Council decided to begin condemnation proceedings and set a hearing for the 17th of April, 1958 at 7 :30 P.M. Londin was instructed to send him a registered letter notifying him of the hearing. It was reported that Robert Evans and Kenneth DeMars, developers of City Heights and DeMars 5th Additions,had failed to pay for road work completed last November., The Clerk reported that a letter had, been sent to Evans giving him 10 days in which to pay the road obligation. A. copy had. also been sent to Hemmer, Village Attorney, who stated that on Monday he would contact the Village office to find out whether the money had been paid. If not, he would send letters to the bonding company. notifying them of our intent to collect on Mr. Evans bonds. The Clerk was instructed to write both Evans and DeMars informing them that all further permits will be withheld until the sums due are paid. Berger reported on the water tower being constructed at Stillwater Road and Stillwater Ave. He had received. several complaints from the surrounding neighbor- hood._ Memmer advised that the Zoning Ordinance was. provided for the protection of the people, Their failure to act does not give the Village the right to act in their place because a violation has occurred. He suggested that the Clerk write a letter to the Board of Water Commissioners of the City advising them of the need for the permit, however. Berger moved that a letter be sent to the_City requesting a permit be secured and telling them they are in violation of the Zoning Ordinance and the Building Code. Luebben seconded. Ayes, -. all Rupp arrived at the meeting at this point. Following a discussion, during which an attempt was being made to. determine the amount to be paid to the Village Dog Catcher for time lost through an injury suffered while performing Village d4ties, it was learned that the motion adopted to compensate him was incorrectly worded, It was also learned that he had received. 3 days of sick leave from his regular place of employment leaving 16 hours for which he should be compensated. Luebben moved, O'Mara seconded that the March 6, 1958 minutes be corrected to read that the Dog Catcher is to be compensated for 40 hours at his fee as Dog Catcher less any disability he received. Ayes - all ,Schmid presented a map and list designating the proposed new voting precincts and giving the number of registered voters in each for the Council's inspection. 01&ra moved, Rupp seconded the adoption of the following resolution: 58 -3 -14 WHEREAS, the Village of Maplewood has increased in population and number of registered voters to the extent that it is impractical to properly service the voters at National, State and Village elections in the presently existing precincts, and, WHEREAS, State election laws provide that the Village may be redistricted when the voters in a precinct exceed seven hundred (700) as they now do in all precincts, NOW THEREFORE BE IT RESOLVED .BY TEM VILLAGE COUNCIL OF MA.PLEWOOD, MINNESOTA:_ That the following described areas hereby constitute new election precincts, all of which, on this date, contain less than seven hundred (700) voters, and the polling place named within the district shall be used until modified by further Council actions Precinct #1 - St. J'eromes School, 980 E. Roselawn Avenge - Includes everything East of the center line of Rice Street, South of the center line of County Road "B "J. North of the center line of Larpenteur Avenue and Nest of and including residences fronting on. birth sid6s of DeSote Street. Precinct #2 -. Edgerton School, 1929 Edgerton Street - Includes everything North of the center line of Larpenteur Avenue, West of the center line of Highway No, 61, East of but- riot including residences fronting on either side of DeSoto Street and South of the center line of the following streets: County Road "B" from DeSoto Street to Edgerton Street, then North on Edgerton to Viking Drive (Highway Noy, 36) and Viking Drive to Maplewood Drive (Highway No. 61). Precinct #9 - Village Hall, 1900 Clarence - Includes everything South of but not including residences fronting on either side of Frost Avenue, East of the center line of Maplewood Drive (Highway No. 61) , North of the center line of Larpenteur Avenue and West of but not including any residences fronting on Prosperity Read. Precinct ##4 - Gladstone School, Frost and Manton - Includes everything East cf the center line of Maplewood Drive (Highway No. 61) , South of and including residences fronting on both sides of County Road "B", West of and including residences fronting on both sides of Hazelwood and North of and including residences fronting on both sides of Frost Avenue. Precinct #.5 - Hazelwood School, 2696 Hazelwood Avenue Includes everything South of the center line . of County Read ND". East of the Little Canada Village Limits, West of and ixiclud'ing residences fronting on both sid.ea of Hazelwood Avenue and North of but not including residences on either side of County Road "B" as far as Maplewooad. Drive (Highway Noy, 61) with the center line of Maplewood Drive (Highway No. 61) and the center line of Viking Drive (Highway 36) forming the rest of the South boundary line of the precinct. Precinct 6 - Maplewood School, 2650 White Bear Avenue Includes everything South of the center line of County Road "D ", East of but not including any residences fronting on either side of Hazelwood, West of the North St. Paul. -' Village Limits and North of but not including any residences fronting on either side of County Road "B". Precinct E . Ramsey County Home - ,.2000 White Bear Avenue - Includes everything West of the North St, Paul Village- Limits, South of and including residences fronting on both sides of County Road "B ", East of but not including any, residences fronting on either side of Hazelwood to Frost Ave. and then East of and including residences fronting on both sides of Prosperity Road, North of the center line of Larpenteur Avenue and West of and including residences fronting on both sides of White Bear Avenue and the North St, Paul Road. Precinct #8 - Hillside School, McKnight Road(formerly East Ave.) and IArpenteur Avenue - Includes everything South of the North St . Paul Village Limits, East of but not including residences fronting on either side of the North St. Paul Road or White Bear Avenue, North of the Omaha Railroad tracks and West of the center line of Century Avenue (Highway No. 100) with the St, Paul City Limits forming the rest of the boundary line. Precinct #9 Beaver Lake School, 1060 Sterling - Includes everything South of the Omaha tracks and North of and including residences fronting on both sides of Minnehaha Avenue between the center line of McKnight Road (formerly East Avenue) and the center line of Century Ave. (Highway No. 100). Precinct #14 - Carver School, 2680 Upper Afton Road - Includes everything South of but not including residences on either side of Minnehaha Avenue with the rest of the boundary linen of the precinct being the same as those of the Village itself. BE IT FURTHER RESOLVE? that each registered voter is to rec®ive by mail notification of the change. Ayes - all Ai letter from Herman Kottke, Village Clerk of North St. Paul was read. It was in answer to a letter from Maplewood concerning Shuster's Dalton Park Addition and assured the Council that they would keep Maplewood informed of all decisions is- garding this plat which lies mostly in North St. Paul and partially in the village of Maplewood. letter from George A. Membrez of the H. and Val T. Rothschilds, Inc. was read, It asked that the Village Council approve a plan for surface water drainage for the FHA requirements. The area included in this plan is between Flamdrau, Fourth Ave., --.,White Bear Ave, and County Road "B". The plan was not noted as having been completed by an engineer, however the Village Engineer did furnish the street elevations in the area. It was felt that it should be an engineer approved plan for the drainage before it could be approved by the Council. The Clerk is to inform him that he must follow the platting regulations of the Village and also must complete the Commercial rezoning he has started before any decision can be reached on the drainage question as a portion of this area is involved. Berger and O114ara reported on their review of gas inspector applications and felt that an additional request for applicants should be made before any final decision is reached. .Richard ;eehorsk, 1678 Rosewood, reported on some unfinished stucco work on his home built by Andrew Shuster* He stated that his attorney had written letters to *,.Shuster as the General Contractor and also Mr. Foshay as the Plastering Contractor and had received no answer or satisfaction from either. Londin offered to write letters to both contractors asking them to complete the job. Meeting adjourned at 12,50 P.M. s Forrest R. Schmid Village Clerk PhTch 27, 1958 kspecial meeting of the Maplewood Village Council was called to order at 2:00 P.M. on March 27, 1958 by Mayor Luebben. Other members of the Council present were: O'Mara Rupp, Berger and Schmid; absent: None. Pursuant to the provisions of Resolution 58 - 2 - 7 ' adopted on February 27, 19589 ordering an advertisement for bids for the improvement of certain areas within the Village of Maplewood by the construction of a sanitary sewer system, the meeting was declared in session for the opening of bids. Mayor Luebben called on the group present for any additional bids. When no response was made he declared the bidding closed and asked the Clerk to proceed with the opening of the bids received. Before proceeding it was agreed to read only the total bid--,, alternates,, beginning and completion-dates. The following bids were received for IMPROVEMENT #1, PROJECT #1 (GIADSTONE) BEGINNING COMPLETION NAME & ADDRESS OF BIDDER TOTAL BID DATE DATE. Peter Lametti Const. Co. $190639077-17 20 days 500 days 615 Drake . St. Paul ACCOMPANIED BY Proposal Bond 5% of bid Robert W. Moore $1#2999804,00 30 days 730 days Proposal Bond 886 Edmund, St. Paul 5Z of bid Orfai-Mariani & Sons,Inc. $1,039,904.75 10 days 210 days Proposal Bond 1156 Homer, St. Paul 5% of bid (Note: Will not accept Project 1 without Projecla 2 and 3 except by mutual consent.) F. Morettini Coast. Co. 852 Westminister, St. Paul Barbarossa & Sons St. Cloud., Minn. & Nodland Co. Alexandria, Minn Lametti & Sons, Inc. 211 N. Pascal, St. Paul $19148,085._0 may 191958 $1 9 1 l.5, 165 - 75 30 days $ 908,06-70 14 days Dee-31,1958 Proposal Bond 5% of bid 250 days Proposal Bond 5% of bid 400 days Proposal Bond 5% of bid The. Clerk then proceeded with the reading of bids received for. NAIVE & ADDRESS-OF BIDDER Hage Bros., Inc, Box 172, Owatonna, Minn. L. J. McNulty, Inc. 2001 Wentworth So. St. Paul, Minn. Robert W. Moore 886 Edmund, St. Paul IMPROVEMENT #1, PROJECT #2 (HILLCREST) which were as follows., BEGINNING COMPLETION TOTAL BID DATE DATE ACCOMPANIED BY $ 2199074-50 15 days 180 days Proposal Bond 5% of bid $ 1999777.50 10 days 200 days Proposal Bond 5% of bid $ 189o835.00 15 days 190 days Proposal Bond 5% of bid Beatson & Kelly and $ 190o844-00 10 days 150 days Proposal Bond Montgomery Const. Co. $15*000*00 1034 West California Ave, St. Paul, Minn. Barbarossa & Sons $ 225o391-00 30 days 210 days BEGINNING COMPLETION NAM & ADDRESS OF BIDDER TOTAL BID DATE, DATE ACCOMPANIED BY Orfai-Mariani & Sons, Inc.$ 229,431.00 10 days 210 days Proposal bond 275 days 1156. Homer, St. Paul Lametti-& Sons, Inc. $ 2200515,10 14 days 5% of bid Proposal Bond .:(Note: Will not accept Project 2 without Projects 1 and 3 except by mutual consent) Wolf Const. Co. $ 1969628-00 40 days 200 days Proposal Bond 2360 University Ave. St, Cloud, Minn. and 5% of bid St. Paul, Minn. BEGINNING COM11ETION Beatson & Kelly and $ 190o844-00 10 days 150 days Proposal Bond Montgomery Const. Co. $15*000*00 1034 West California Ave, St. Paul, Minn. Barbarossa & Sons $ 225o391-00 30 days 210 days Proposal Bond St. Cloud, Minn. and 886 Edmunds . St. Paul 5% of bid Nodland Co. 5% of bid Otfei-Mariani & Sons, Inc.$ Alexandria, Minn. 10 days 275 days Proposal Bond Lametti-& Sons, Inc. $ 2200515,10 14 days 175 days Proposal Bond 211 N. Pascal, St. Paul (Note-s Will not accept Project 3 without Projects 1 and 2 unless 5% of bid The final set of bids under IYL?R0VMMNT #1,) those for PROJECT #3 (BEAVER LAKE) were then read as follows: St, Cloud, Minn. and BEGINNING COM11ETION NAM & ADDRESS OF BIDDER TOTAL BID DATE DATE ACCOMPANIED BY Robert W. Moore $ 3759013-00 30 days 270-days Proposal Bond 886 Edmunds . St. Paul 5% of bid Otfei-Mariani & Sons, Inc.$ 509,922.10 10 days 275 days Proposal Bond 1156 Homer,, St. Paul 5% of bid (Note-s Will not accept Project 3 without Projects 1 and 2 unless by mutual consent) .Barbarossa & Sons 53-323000 �51 30 days 250 days Proposal Bond St, Cloud, Minn. and 5% of bid. ,odland Co.. Alexandria, Minn. Lametti & Sons, Inc. $ 5670294-30 14 days 400 days Proposal Bond 211 N. Pas-al, It. Paul 5% of bid The reading of the next set of bids dealing with the construction of PARSHALL FLUME AND MEM MANHOLES AND SEWAGE LIFT STATIONS was completed with the following bids received: BEGINNING COMPLETION NAM & ADDRESS OF BIDDER TOTAL BID DATE' DATE ACCOMPANIED BY Acton Const. Co., Inc, $ 88,830.00 15 days 150 days Bid Bond 1871'W. County Road "C" 5% of bid St. Paul,, Minn. Antler Corporation $ 9792'4loOO 10 days 150 days 1482 E. Arlington St, Paul, Minn, Barbarossa & Sons, Inc.. 859000,00 30 days 180 days 402 - 33rd Ave. No St. Cloud, Minn. Bid Bond 5% of bid Proposal Bond 5% of bid BEGINNING NAME . & ADDF49SS OF BIDDER TOTAL BID DATE Phelps Zraka Go, , Inc,.. $ 86620.00 15 -days 1415 - 8th Aver . .S.. E.. Minneapolis., Mnnesota Hurley C oast a C. q* $ 909869,00 30 days 403 S, Robert St e St. Paul 7, Minis, COMPLETION DATE ACC OMPAM D BY 240 days Bid Bond 5% of bid 150 days Bid Bond ^5% of bid Following the reading of the bids, it was announced that the Council would meet again at 8s00 P.M. on this same day in continuation of this meeting to further discuss the bids of ' the apparent low bidder, following a tabulation of the low and second low bids. O'Mara moved, Luebben seconded that the bids be referred to the Consulting Engineer and Clerk for tabulation and report, Ayes . - all Ljungren, Village Engineer *. reported that the specifications and proposed advertisements for bids for sand. end grave]., culverts i asphaltic material and oiler to be used during the 195.8 road construction and repair Beason He recommended the bids be based ®n the following T4nt* ties for &revel s Ap.preximmate�y, 2,500, cubic yards of gravel for base repair furnished . in accordance with Mi;k Q Hwlr;� De - spec.ifica Lions, Section 3138, Class 5. Approximately. l,„O.OQQ cubic yards of gravel for .sos;d -tnix bituminous surfacing; furnished . with Minns wHwy, De ?t, SlaeO*fications,, Section 3139, grade FAA?. Approximately 19000 cubic yards of seal coat cover aggregate furnished in accordance with Minn, Hwy.:O";Dept;. specifications, Section 3127• Designation FA -1, The Village is to retain the right to increase or decrease the amounts. specified by 50%, The base. bid is to be for material delivered .to the.:;Strbet D6partm6nt- Garage. An alternate bid is to be asked for pickup by Village Forces at bidders pit, Berger moved, Rupp seconded that they opening of bids, Uhich are to be based on the specifications and quantity recommended by the Village Engineer,. be set for 9s00 P.M. on April 17, 1958 Ayes ' all Ljungran then recommended setting the following quantities for asphaltic materials Appioximmately 30-000 gallons, M-3, medium curing cut -back asphalt furnished in accordance with Minn. Hwy, Dept. Specs*, Section 3152, . dated Tuly 1, 1947 and all amendments and additions - thereto, Approximately 80,000 gallons,'SC -2, slew curing liquid asphalt. furnished in accordance with Minn, Hwy« Dept, specs.,. Section 3154t .dated Tuly 1, 1947, and all amendments and additions thereto* The base, bid , is to be made on pickup by Village equipwaut at bidders plant, , An alternate-bid is to be asked for delivery in quantities of 3,000, gallons tee' jab sited, The Village is to retain the right to increase or decrease quantities . by 509.•. .Borger moved , Luebben seconded that the opening of bids., based on the „specifications...... and quantities recommended by the Villages Engineer be set for .9 s 15 PtiM. on April I'�, 1958-. :,.. Ayes all The Village Engineer then recommended that the advertisement for culverts specify the following sizes and estimated quantities s r Copper Steel Round #16 gauge lap #16 gauge 15n #16 gauge 180 #14 gauge 2411 diameter culverts 500 tin. ft. diameter culverts 500 11n. fto diameter culverts 1000 lins ft, diameter meter culverts 1000 lin. ft. Connecting Bands For Each Of The Above The bid is to be based on delivery to the Street Department Garage storage area. The Village is also to retain the right to increase or decrease the quantity purchased by 50%. Berger moved, O'Mara seconded that the opening of bids, which afire to be based an the Village Engineer's recommendations as to specifications and quantities, be set for 9930 P.M, an April 17, 1958. Ayes - all The final report by Ljunaren, Village Engineer, dealt with the recommendation for the purchase of a 1500 gallon bituminous distributor, pressure type, which may be mounted . on a Village furnished truck. He also recommended the purchase of a surface material ,spreader, trailer type, with a 12 foot spread* Berger moved, Lu®bben seconded that the advertisement for bide ,en this equipment be authorized as recommended and that the opening of bids be set for 9s45 P.M. on April. 17, 1958. Ayes - all At 4s30 P.M. Mayor Luebben declared the meeting recessed until 8s00 P.M. that same date, March 27, 1958s, The rocessed meeting of the Wkplewood Village Council which began at 2s00 P.M. on this date, March 27, 1958 was reconvened at 8s40 P.M. by Mayor Luebben. Other members of the Council present were O'Mara, Rupp and Schmid; absents Berger. The meeting was turned over to Edward Eishe1 of Bettenburg, Townsend, Stolte and Comb, Consulting Engineer, who reported the results of the tabulations of bids received. He reported finding the following errors in the few and second low bids, none of which iaffeoted the apparent low bidderes 4; '"e Council and Consulting Engineer then interviewed the low bidders present. The first person interviewed was Victor Lametti of Lametti and Sons, the apparent low bidder on Improvement Nan. 1, Preaect No. l (Gladstone Area). Mr. Lametti reviewed his most recent projects in the area. When asked how many crews he would have available for this project, he stated they would never have less than 6 after the project got under way and could bring more in if they found it was necessary to most the completion date. When asked if he intended using subcontractors, he answered that he had not planned to. He also stated that he anticipated no difficulty in obtaining a performance bond. Trustee O'Mara asked if he contemplated using local labor on this project if it is awarded, to him. His answer was that he has his skilled crews established but would certainly use local labor whenever possible, Mrs Lametti suggested that some publicity NAME OF BIDDER PRO;ECT NO, ORIGINAL FIGL "RE CORRECTED FIGURE (Low) Lam ®tti & Sons, Inc. 1 $ 908,406.70 $ 9089487.50 (2nd) Orfei- Mariani & Sons 1 $l oO99,904*75 $1,039.905.75 (2nd) Beateen & Kolly 2 $ 190,,84440 $ 1900124.00 (2nd) Orfei- Mariani & Sons 3 $ 5090922.10 $ 5099929°70 4; '"e Council and Consulting Engineer then interviewed the low bidders present. The first person interviewed was Victor Lametti of Lametti and Sons, the apparent low bidder on Improvement Nan. 1, Preaect No. l (Gladstone Area). Mr. Lametti reviewed his most recent projects in the area. When asked how many crews he would have available for this project, he stated they would never have less than 6 after the project got under way and could bring more in if they found it was necessary to most the completion date. When asked if he intended using subcontractors, he answered that he had not planned to. He also stated that he anticipated no difficulty in obtaining a performance bond. Trustee O'Mara asked if he contemplated using local labor on this project if it is awarded, to him. His answer was that he has his skilled crews established but would certainly use local labor whenever possible, Mrs Lametti suggested that some publicity should go out stating that the boulevards in the road right-of-way will be torn up in the process of sewer construction and home owners should be warned against investing any time or material in the improvement of these areas until after the construction is completed. Robert W. Moore then appeared before the Council as the apparent low bidder on Improveme n No. 1, Project No. 2 (Hillcrest Area) and Project No. 3 (Beaver Lake). He stated that, although his construction company was not as large as some of the bidders, he had worked in White Bear Lake, St. Paul, West St. Paul and Roseville and had always met his completion dates. He felt that he could handle this job quickly and anticipated no difficulty obtaining a performance bond. He also stated he would use local labor wherever possible. Mr. Beatson, of Beatson & Kelly, spoke briefly stating that they were ready to start work immediately and have specified a short completion date should the Council wish to consider them for the job. They were not one of the apparent low bidders. The contractors present were then informed that the final decision would not,be made at this meeting but awards would probably be made at the next regular Council meeting on April 3, 1958• George Membrez from H. and Val J. Rothschil.ds appeared before the Council to review briefly the history of the Plat which they had sent to the Council for .FHA drainage approval. The plat involves the area bounded. by Cope Ave. (formerly lath Ave.) on the north, White Bear Ave. on the east,County Road "B" on the south and Flandraau on the west. Because as portion of this area is in the process of a requested rezoning, this Council decided to wait until after the rezoning hearing next week to approve or disapprove this drainage plan. -They informed Mr. Membrez to furnish the Clerk with four copies of his plat with the drainage plan worked out by an engineer and also four copies of the -topographical map, as required by the Platting Ordinance, These Wuld be turned over to the Village Engineer and Planning Commission for their respective reports. Robert Slanders from Suran and Moody, Inc . ,Village Fiscal Agents, appeared. before the Council to discuss financing of the proposed sewer improvement. After a lengthy discussion on the matter, it was agreed to make all necessary preparations for securing $600,000.o© through a bond issue as soon as contracts have been let. Mr. Anderson from Reilly & Anderson, Bonding Firm for Robert W. Moore(aappaarent low bidder on Projects Nos. 2 and 3), appeared to inform the Council that Mr. Moore °s financial condition is satisfactory and that he can provide the necessary performance bonds. Mr. Anderson will furnish the Village Council with as letter to that effect. Meeting ad.T ourr, d at 11&45 P.M. Forrest R. Schmid Village Clerk April 3, 1958 The regular semi -monthly Seet ing 'of'-the,r4aple-wo"o6 Village Council was called t o 7 ' .1'. - order at 7000 R.M. by Kayor'Luebben. Other members of the Council. present were: O'Mara, Rupp, and Schmid; absent-, Berger. O'Mara moved, Rupp seconded that the March 20, 1958 minutes be approved as sub- mitted. Ayes - all Rupp moved, O'Mara seconded that the minutes of the March 27, 1958 special meet- ing be approved as submitted. Ayes - all Mrs. Henry Schlomka, 1515 South Sterling, appeared before the Council to ask per- mission to move a house which is only 23 x 26 into the Village from its present location in Newport. She submitted a picture of the house and a petition from the property owners adjacent to the proposed homesite which approved the moving of the house to the proposed location. When advised that the present building fell below the minimum square footage required under the Building Code and could not be approved,, '!Trs. Schlomka, that they are willing to build on to the house to'5� bring it up �o t1le mininram requilbein- eats 'of the *Building Code. (Trustee Berger arrived at this point.) The matter was referred to the Building Inspector for investigation and report. Mr. Modig, 1751 Frost Ave., requested permission to install a white picket fence on his property line to hide the fence his neighbor had put up. He was told he could proceed as long as the fence conformed to the requirements of the Building Code. Before proceeding with the review of the applications for 90 day permits of a second group of trailer occupants whose trailers are parked outside established courts, Trustee Berger explained to those present the reason for this review. He explained it is the intent of the Council to eliminate all such permits except in hardship cases and also advised them of the fee charged and the state tax in- vo17,red.. The first applicant was Mrs. Harriet Allen, 45 E. Larpenteur Avenue. She stated that 10 years ago she had received permission from the County Court House to set her trailer on a foundation on property owned by her. The trailer is served by its own electricity, running water and sewer. She stated that she is being taxed as she would"be - on qL.'house,i,1. T,,rustiep O' Mara suggested that a check be made wit'h- the assessor's officeand,-that any-further action be waived until the results are known. The.next application for a 90 day trailer parking permit was that of Arthur Hatch, 1244 E. County Road "C". Mr. Hatch stated that he had been in his present location on property owned by Mrs, J. Rasckhe for six years and had tried several trailer courts when he first located his trailer here but could find no space. The trailer has electricity but not running water or sewer. Schmid moved that a permit be given for 90 days during which time the applicant is to find space in an approved trailer court. Rupp seconded. Ayes - all The application for a 90 day trailer parking permit for Andrew Miller, 2778 White Bear Ave. was then read. The trailer is located on the property of R. A. Miller, his son, and has been there for 17 months. The trailer is served by electricity and sewer but not by running water. Yb% Andrew Miller is 80 years of age and his a reasons for living in the trailer are financial„ health and welfare. Berger moved, Rupp seconded that Mr. Miller be given a 90 day permit with right of renewal if there are no objections from the neighbors. Ayes - all The next application for a 90 day trailer parking permit was that of William Wayne Fox, 1893 Kohlman. The application stated that the trailer had been in this location for approximately 90 days and he planned to live in it only a few more weeks as he is starting his home,, The trailer is served by electricity, running water and sewer. Rupp moved, Berger seconded that a 90 day permit be granted with the right to pay the tax a month at a time as he does not intend to live there the full 90 days. Ayes - all The application for a 90 day trailer parking permit for Patrick M. Cocchiarella was then read. It stated that the trailer had been parked for 5 months on the property of Joseph Manke, 1605 E. Demont Ave. The trailer is served by electricity, running water and sewer, He stated that he planned to live in the trailer until such time as he was called into military service which may not be for several years. He does not lure in a trailer court because it is too expensive. He is employed by Northern Pacific ,Railroad. Be: ;er moved that `a 90 day permit be granted without `right of renewal. Rupp seconded, Ayes - all The final application for a 90 day trailer parking permit was that of Albert Matth°iesen who is caretaker of the Northwest Saddle Club, 70 East County Road "B ". The trailer has been in its present location since dune 18, 1957 and is served by electricity, running water and sewer. He stated that he planned on moving out of the trailer in the fall which would be approximately 6 more months. Berger moved that a 90 day permit be granted with the right of one more permit for 90 days under the conditions that a letter be sent to the owner stating that it cannot be used for a residence. after that date. Rupp seconded. Ayes all It was noted that Dallas Carlile, living in a trailer at 2520 E. Larpenteur Avenue, had failed to appear as scheduled for the second time. Mrs* Peterson, Deputy Health Officer, was authorized to take whatever action necessary to insure W. Carlile's compliance with Village regulations. Mrs. Peterson was also.authorized to proceed Against Mr. Dwight C, Hammer who had applied at the *rci 20, 1958 meeting and had been granted a 90 day permit but had failed to secure the permit. Berger moved, Rupp seconded that a number system be set up for the public business, so that the proper order of appearance can be determined. Ayes - all Nis. Robert Tohnson, 901 E. Fifth, appeared before the Council to get the engineer's report on Lot 19, Block 6, Parkside on which she is asking permission to build a home. A letter from Ljungren, Village Engineer, revealed that Lot 19 has an extremely steep slope to the South away from Kenwood Drive. Although the extreme north side of the lot is several feet higher than Kenwood Drives if a, house were to be built in this area, it would be too close to the existing houses. If the house were so located on the lot so.,'a.q.not to interfere with the existing,hou-ses,, the basement floor would be ,_4,pproximately 20 feet below Kenwood Drive. Ljungren, Village Engineer, had dis- cussed the pcosllbility of sanitary sewer with Mr. Kishel, Sanitary Sewer Engineer, and it did not appear feasible that this lot could be serviced with sanitary sewer. The lot actually fronts on Allen Place, however, the construction of Allen Place does not appear feasible at this time. The Engineer's recommendation was that no building permit be issued. The property owners felt that a suitable location could be found. .,T-he Council suggested that the. four corners of the proposed house be staked on the lot.so Mr. Ljungren could discuss the exact proposed location with the owner. Mr. Ljungren made arrangements to meet the property owners at 12:15 on Monday, April 7, 1958 for further investigation and discussion. Pursuant to due call and posted and published notice thereof the hearing set for the petition to vacate the Alley in Block 1, Pflueger's Addition to Gladstone was declared open by Mayor Luebben. The Block is bounded by County Road "B" on the North, Prosperity Road on the East, Lealand Ave. on the South and the West line of Pflueger's Plat on the West. Mayor Luebben called for any objections to the vacation. Hearing none, 01.D/Iara moved, Berger seconded that the fcllowing resolution be adopted granting the request 58 - 4 - 1.5 :.,"WHEREAS, the owners of-more than .500%,of the property abutting on the ..alley in Block 1, Pflueger's Addition to Gladstone, Ramsey County, Mina.-4 having filed a petition for the vacation of said alley, and 11WHERFAS, the hearing on said petition was preceded by two week's published and posted notice, and "VMREAS, no one has appeared in opposition to said 'petition, and IIIWEEM�.AS, it appears for the best interest of the public that said alley be vacated, "NOW, THEREFUN', BE IT RFISOLVED by the Village Council of Maplewood, Minn. that the alley in Block 1, Pflueger's Addition to Gladstone, Ramsey County,, Minnesota, be and the same is hereby vacated. Ayes - all Mro and Ws. Coon, 21�55 White Bear Ave., appeared before the Council for permission to build on the property described as Lots 1. 2. and 3. Block 1., except the west 10 feet Of lot 3. Kredel's Addition .to Gladstone. They already have a house located on Lot 1. whic:'I.i is 1�0 feet wide by 107 feet deep. They want to build another house on Lots 2 and 3, which together form less than the minimum frontage and square footage requirements for a building site. It was suggested they use all threelots as one building site by either removing the present dwelling or adding to it, whichever seemed more feasible. They were advised to discuss the matter with Oscar Londin, Building Inspector. Thomas Tschida, St. Paul Courtesy Benches, Inc. appeared to ask the Council the reason for and to complain of the charges made for the removal of the bench on the corner of White Bear Ave. and Larpenteur. He was informed that the benches are not permitted because of the danger of,damage to our snow removal equipment following a heavy snow storm.. during which the bench may become covered. The Council explained. to him that the- possibility of such damage was the reason for removing the bench:: at the time it was done. They also explained that the $15.00 fee charged him for the removal of the bench is the actual cost set by the Village to pick up and store it and did not involve any penalty. He was informed that by paying this fee he could recover possession of the bench. Pursuant to due call and published and posted notice the hearing set for the- rezoning of all of Block 28, and that part of Lot 2, Block 21, southeasterly of Prosperity Road, all in Smith and Taylor's Addition to North St. Paul, according to the recorded plat thereof (property is bounded by County Road "B" on the South, Prosperity Road on the West and White Bear Avenue on the East) to be rezoned from R-1 Residence Dist3iCt to a Business and Commercial classification was declared open at 8:30 P.M. by Mayor Luebben. Mayor Luebben called on W. Membrez to speak for the rezoning as the petit'ione.' for the action. He reviewed the steps he had. taken to determine the type of develop- ment that should be put in the area and stated his investigation disclosed the feasi- bility of a small shopping center, if the area could be rezoned. YJarcellas G. Meemken, 1754 E. County Road "B". presented a petition against the rezoning which included some of the names on the original petition circulated by Mr. Membrez favoring the rezoning. Dick Vogel, Attorney for H. and Val J. Rothschilds, explained some of the advantages if the area were rezoned.. R. W. Nelson, 1709 E. County Road "B". asked if he could rely on the fact that the Council must review all building permits for the area before they were issued. It was explained that this is a requirement of the aoning Ordinance. Trustee O'Mara pointed out that this petition should actually request a rezoning for a Shopping Center classification rather than a rezoning to Business and Commercial classification. He reviewed briefly the stricter requirements for this zoning classification. Gerald Hilliard, 1695 E. Sandhurst Ave., pointed out that this area is within a mile of the Hillerest Shopping Center at Larpenteur and White Bear. The Council reminded Mr. Hilliard that the Hillerest Center is within the City of St. Paul and it might be a good idea to have one located in the Village of Maplewood for tax purposes. Gerald Killian, 2200 White Bear Ave., stated that he could not get FHA loans on homes he intends to build across the street from the proposed Shopping Center if it were permitted to be built. Mr. Vogel questioned this statement in view of the strict requirements of the Shopping Center classification but agreed it would be difficult to secure a commitment on this opinion from KIA. O'Mara moved that the hearing be continued to May 19 1958 at 8 P.M. with more investi- gation to be made before that time as to the effect such a rezoning would have on the surrounding property owners. Rupp seconded. Ayes - all Yhr. Ybmbrez requested that the petition and minutes be amended to read Shopping Center rather than Business and Commercial zoning classification. The Council agreed to this request. Ronald. Blomquist, representing the John Blomquist Co,, presented a petition for re- zoning of the South 299 feet of the East 233 feet of the Southeast quarter.of the Southeast quarter of the Southeast quarter (SEJ of SEJ of SEJ) of Section 18, Township 29, Range 223 subject to rights of the public in East Larpenteu-r and MeMenemy St., from Farm Residential to BC, Business and Commexcial, for the purpose of building a filling station. Mayor Luebben set the hearing for 8 P.M. on May 15, 1958. The Clerk was instructed to post and publish proper notices. Luebben moved, Rupp seconded that the petition be referred to the Planning Commission for examination and report. Ayes - all O'Mara moved, Rupp seconded that the petition for the rezoning hearing and all the facts for the rezoning for the Shopping Center which had been recessed until May 1st, 1958 be resubmitted. to the Planning Commission for restudy and report. Ayes - all Id1ton Hoover, eoppea-red in behalf of AD-drew Shuster to explain that he had, been re- fused a building permit at 2069 Radatz Ave. by the Building Inspector because the set back of the existinp, houses in the block was much farther back than the 30 foot set .,back he is using on his house. The neighbor to the West of the house Mr. Shuster pro- poses to build, Mr. Rossbach, objected to this 30 foot set back as he has a vacant lot between Shuster's house and his own and should a house be built on it with a 30 foot set back, its back door would be approximately in line with Mr.Rossbachbllontdoor Mr. Londin, Building Inspector, thought he could get the two to compromise if the Council would authorize him to allow the house on the middle lot to be built with an approximate 42 foot set back. This would mean that Mr. Rossbach's house would have an approximate 70 foot set back, the next one would have the 42 foot set back and. Mr. Shuster's corner house would have a 30 foot set back. O'Mara moved, Luebben seconded that the Building Inspector be authorized to work out this compromise if possible, Ayes - all YLr. Ybmmer, Village Attorney, reported that he had. conferred with the Corporation Counsel of the City of St. Paul and that the City is now in the process of amending the Ordinance authorizing Maplewood sewer connections to St. Paul, and that all approvals will be in the hands of the Maplewood Officials shortly after April 17, 1958. A letter from the Water Pollution Control Commission of the State of Minnesota was then read.. It stated that -the plans and specifications submitted for the proposed Maplewood. sanitary sewer system were approved and a permit granted. The Commission requested notification when the project is completed so that a use permit can be issued. I A second letter, received from the Board of Ramsey County Commissioners, reported the approval of the Village application to construct projects of Sanitary Sewer Improve- ment #1 across and adjoining certain County roads and. outlined the requirements for the reconstruction of the roads and ditch sections involved. After a brief discussion of the bids opened. on March 27, 1958 for Improvement No. 1, O'Mara introduced. the following resolution and moved its adoption: 58 - 4 ® 16 BE IT RESOLVE-D By the Village Council of the Village of Maplewood, M.nnesota, that the bid of Lametti & Sons, in the amount of $908,,487.50, is lowest responsible bid for the construction of Project #1 and said bid is hereby accepted, including Alternate No. 1 providing for the use of concrete the for 2111 and 24" lines, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the Village. The motion for the adoption of the said resolution was duly seconded by Member Luebben, and upon a vote being taken thereon, the following voted in favor thereof: Luebben, Schmid., Rupp, O'Mara and Berger and the following voted against same: none. WHEREUPON said resolution was declared duly passed. and adopted. O'Mara then introduced the following resolution and moved its adoption: 58 - 4 - 17 BE IT RESOLVED By the Village Council of the Village of Maplewood, Minnesota, that the bid, of Robert W. Moore in the amount of $189,835.00 is the lowest responsible bid for Project #2 and said. bid. is hereby accepted and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the Village. The motion for the adoption of the foregoing resolution was dully seconded by Member Berger, and upon a vote being taken thereon, the following voted in favor thereof: Luebben, Schmid, Rupp, O'Mara and Berger and the following voted against same: none. WHEREUPON said resolution was declared duly passed and adopted. O'Mara then introduced the following resolution and moved its adoption: 58 -4-18 BE IT RESOLVED By the Village Council of the Village of Maplewood, Minnesota, that the bid of Robert W. Moore in the amount of $375,013.00 is the lowest responsible bid for Project #3 and. said bid is hereby accepted and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the Village. The motion for the adoption of the foregoing resolution was duly seconded by Member Rupp, and upon a vote being taken thereon, the following voted in favor thereof: Luebben, Schmid, Rupp, O'Mara and Berger and. the following voted against the same: none. %,7ZEPF?'TTDCN aaid resolution was declared duly passed and adopted* O'Mara then introduced the following resolution and moved its adoption: 58. 4-19 BE IT RESOLVED by the Village Council of the Village of Maplewood, Minnesota, that the bid of Barbarossa and Sons in the amount of $85,000.00 is the lowest responsible bid for Parshall Flume and Lift Stations and said bid is hereby accepted, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the Village. The motion for the adoption of the foregoing resolution was duly seconded by Member Schmid, and upon a vote being taken thereon, the following voted in favor thereof: Luebben, Schmid, Rupp, O'Mara and Berger and the following voted against same: none. VHEREUPON said resolution was declared duly passed and adopted. W. Mammer and Mr. Xishel reported to the Council that it will be necessary and gxpedient for sewer construction, and after construction, for maihtainance and administration of the sewer system, that the Village acquire property and construct a building for such use. Mr. Memmer pointed out that Lots 26, 27� 289 29 and 30, in Block 12, Gladstone adjoins the present Village Ball site and has suitable buildings and would be ideally fitted for the sewer system uses recommended as necessary; and that since this property is needed. as part of the sewer system, its maintenance and administration, the purchase of that property can be properly in- cluded at this time as part of the cost of the whole system and. paid for by the issuance of sewer system improvement bonds. Luebben moved, Berger seconded that the Attorney be authorized to secure an appraisal of this above mentioned property for sewer use. Ayes - all Kishel, Sanitary Sewer Engineer, suggested that request forms be prepared which would be presented to and signed by each property owner who desires a service line from the main line in the street to the property line and showing the exact location of the line. Berger moved, Rupp seconded that the Clerk and Mr. Kishel prepare such forms. Ayes - all A:brief discussion was held regarding the regulations which would be necessary to deal with the problemi of licensing, permits, road reconstruction and other matters in. volved in the sew-er construction program. The Council instructed Ed IUshel, Sanitary Sewer Engineer, Verne Ljungren, Village Engineer, and Fred Memmer, Attorney, to frame an Ordinance regulating these matters for presentation to the Council for consideration at the next regular Council meeting. Kishel, Sanitary Sewer engineer, recommended the adoption by the Council of a policy regulating new gas servide installations by Northern States Power Co. He suggested that they be notified immediately that the Village would assume no liability for cutting service connections installed after this date. O'Mara moved that Northern States Power Co. be notified that on any connections made after this date, either Northern States Power Co. or the owners of the property involved will have to stand any subsequent expense involved in cutting such services for the purpose of installing sanitary sewers. Berger seconded, Ayes . all Oscar Londin, Building Inspector, reported that Ace Gas Distributor had contacted him requesting permission to install bottle gas tanks in an area approximately a block South on County Road I'D" and on the West side of Maplewood Drive (Highway No. 61)', The Council authorized Mr. Londin to inform the Company they will be permitted to install these tanks if they agree to provide a cyclone fence around the area and cover the area with crushed rock. Londin also reported that Robert Evans of the Evans Construction Company had started building on the house at 1760 Onacrest Curve for which we are holding up the build-. ing permit. He asked if this building permit should be released. He was instructed not to release the permit and to stop the work immediately. Londin also reported on two letters he had received from Andrew Shuster of Shuster, Inc. The first was in answer to the letter Londin had written Shuster asking him to correct a faulty stucco job for Mr. Richard Xechorek, 1676 Rosewood, The letter stated this would be taken care of. The second letter referred to the restoration of Radatz Ave., which had been seriously damaged as a result of its use by heavy equip- ment and supply vehicles. The letter stated his intention to restore Radatz Ave, * from White Bear Ave. to the East to an "as good as new condition". He further stated that the letter constituted a firm agreement to do so under the supervision of Mr. Moritz and to complete the work no later than the 31st Of May, 1958. Robert Sander, representative of Turan and Moody, Village Fiscal Agents, reported on his I .::.g!reement_ for the purchase of $600,000.00 in general obligation bonds the proceeds from which would be used to finance the first phase of the sanitary sewer improvement project. The average annual interest rate for these twenty year bonds will not exceed 3.4% payable semi-annually. The agreement also offered to pay all municipal bond attorney's fees and the cost of printing such bonds. No additional charge is to be made for previous fiscal advice. After a complete discussion of the terms of the agreement, the Council reached the conclusion that such a negotiated sale would be most favorable to the interests of the Village. Member O'Mara introduced the following resolution and moved its adoption: 58 - 4 - 20 BE IT RESOLVED By the Village Council of the Village of Maplewood. Ramsey County. Minnesota, as follows: WHEREAS, the Village Council of said Village has heretofore determined to con- struct a. system of sanitary sewers together with necessary lift stations and appurtenance s , and WHEREAS, the Village Council of said Village has entered into contracts for the construction of a portion of said improvement, NOW, THEREFORE, BE IT RESOLVED By the Village Council of the Village of Maplewood, Minnesota: (1) The Village shall forthwith issue its negotiable coupon general obligation bonds in the aggregate principal amount of $600,000, to be 600 in number, numbered consecutively from 1 to 600, both inclusive, in the denomination of $1,000 each, dated May 19 1958 and to bear interest from the date thereof until paid at the rate of Two and fifty hundredths per cent (2.50%) per annum on all bonds naturing in the ,years 1960 to 1964, both inclusive, at the rate of Three per cent (3.00 %) per annum on all bonds maturing in the years 1965 to 1969, both inclusive, at the rate of Three and twenty hundredths per cent (3.20%) per annum on all bonds maturing in the years 1970 and 19 71 and at the rate of Three and fifty hundredths per cent (3-5W-) per annum on all bonds maturing in the years 1972 to 1978, both inclusive, payable November 1, 1958 and semiannually thereafter on May 1 and November 1 in each year, plus additional interest at the rate of Two per cent (2.000 per annum from May 15, 1938 to May 1, 1959, payable November 1, 1958 and May 1, 1959, to be represented by a separate set of interest coupons. Said bonds shall be payable as to principal and interest at the American National Bank of Saint Paul, in St.. Paul, Minnesota, and shall mature serially, on May 1, in the years and amounts as follows- $10, 000 in the year 1960; $15,000 in the year 1961; $209000 in the year 1962; $25$000 in each of the years $30000 in each of the years $35,000 in each of the years $40,000 in each of the years 1963 and 1964; 1965 through 1968; 1969 through 1971; 1972 through 1978, all dates inclusive. All bonds maturing after May 19 1968 shall be each subject to redemption and prior payment on said date and on any interest payment date there- after, in inverse order of their numbers, at par and accrued interest a premium of $30.00. Thirty , ( 30) days prior notice of such redemp- tion shall, in each case, be given by mail to the bank where said bonds are payable, to the last known holder and to Turan & Moody, Inc,, 93 East Sixth Street, St. Paul, Minnesota. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. (2) The bonds and interest coupons to be issued hereunder shall be in substantially the following forme UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE' OF MAPLEWOOD SANITARY SEWER BOND OF 1958 No. $1,000 KNOW AIL IVEN BY THESE PRESENTS, That the Village of Maplewood, Ramsey County, Minnesota, certifies that it is indebted and for value received promilse,e,,,, to pay to bearer, the sum of ONE THOUSAND DOLLARS on the first day of May, 19—, and to pay interest thereon from the date hereof until the principal is paid, at the rate of _ per cent ( %) per annum, interest being payable November 1, 1958 and semiannually thereafter on the first day of May and the first day of November of each year,, plus additional interest at the rate of Two per cent( 2.00 %) per annum, from May 15, 1958 to May 1, 1959, payable November 1, 1958 and May 1, 1959, 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 per cent per annum from the date hereof to maturity, and the other repre- senting interest at the rate of Two per cent (2.000 per annum for the period May 1, 1 _5* 1958 to May 1, 1959. Both principal and interest are pay- able at the American National Bank of Saint Paul, in St. Paul, Minnesota, in any coin or currency of the United States of America which, on the date of payment, is legal tender for public and private debts. All bonds of this issue maturing after May 1, 1968 are subject to re- demption and. prior payment, at the option of the Village, on said date and on any interest payment date thereafter, in inverse order of serial numbers, at a price of par and accrued interest plus a premium of $30,00- Thirty (30) days prior notice of such redemption shall, in each case, be given by mail to the bank where said bonds are payable and to the last known holder. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. This bond is one of an issue in the total principal amount of $600.000, all of like date and tenor, except as to maturity, serial number, interest rate 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 to defray the costs of the construction of a system of sanitary sewers for the Village, and is pay- able out of the Sanitary Sewer System of 1958 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 and are hereby irrevocably pledged, IT IS HEREBY CERTIFIED 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 in the issuance 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 Village outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any consti- tutional or statutory limitation of indebtedness. IN WITNESS 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 the Village Clerk and the corporate seal of the Village to be hereto affixed and has caused the interest coupons hereto annexed to be executed and authenticated by the facsimile signatures of said officers, all as of May 1, 1958, VILLAGE C LERK No. (Form of Coupon) MAYOR On the first day of November (May), 19 , the Village of Maplewood., Ramsey County, Minnesota, will pay to bearer at the American National Bank of Saint Paul, in St. Paul, Minnesota, the sum of Dollars for interest then due on its Sanitary Sewer Bond of 1958, No. , dated May 1, 1958. (Facsimile Signature) PLkYOR (Facsimile Signature) VILLAGE CLERK (On all bonds maturing after May 1, 1968, coupons bearing number 21 and higher shall also include the clause "unless the bond described below is called for earlier redemption "). (3) The bonds shall be prepared under the direction of the Village Clerk and shall be executed on behalf of the Village by the signatures of the Mayor and the Village Clerk, and the corporate seal shall be affixed thereto, and the interest coupons shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said officers. When said bonds have been so prepared and executed, they shall be delivered to the Village Treasurer, who shall deliver the same to the purchaser thereof as hereinafter provided, but the purchaser shall not be required to see to the proper application of the purchase price. (4) There is hereby created a special fund to be designated as "Sanitary. Sever System of 1958 Fund", to be held and administered by the Village Treasurer separate and apart from all other funds of the Village. Said funds shall be maintained in the manner herein specified until all of the bonds herein authorized and interest thereon sh -all have been fully paid. In said fund there shall be maintained two separate accounts, to be designated as the "Construction Account" and the "Sinking Fund Account ", respectively. The proceeds of the sale of the bonds herein authorized, less accrued interest received thereof, shall be credited to the Construction Account, from which there shall be paid all costs of construction contracts hereto- fore let and all other costs incurred and. to be incurred., and the moneys in said account shall be used for no other purposes, provided that, if upon completion of said improvement there shall remain any unexpended balance in said Construction Account, such balance shall be transferred to the Sinking Fund Account. Where shall be credited to the Sinking Fund Account all collections of the special assessments herein levied, all accrued interest received upon delivery of said bonds, all funds remaining in said Construction Account after completion of the improvement and payment of the costs thereof, all collections of taxes herein levied.. The Sinking Fund Account shall be used solely to pay principal or interest on the bonds 1 issued hereunder. (5 ) It is hereby determined that not less than $180 ,000.00 of the cost of said.improvement shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the said improvement. 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 assessment 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 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 lien upon such property. Said assessments shall be payable in 20 equal, consecutive, annual instalments, the first of said instalments to be payable with general taxes for the year 1959, collectible with such taxes during the year 1960. To the first instalment there shall be added interest at the rate of 5% per annum on the entire assessment from the date of the resolution levying the assessment until December 31, 1960. To each subsequent instalment there shall be added interest at said rate for one year on all unpaid instalments. (6) To provide moneys for payment of principal and interest there is hereby levied upon all of the taxable property in the Village a direct, general, annual ad valorem tax, which shall be spread upon the tax rolls and collected with and. as a part of other general taxes in said Village for the years and in the amounts as follows.- YEAR AMOUNT 1958 $32,100 1968 $11,000 1969 $139300 1970 $139400 1971 $18,700 1972 $18,400 1973 $18,100 .1974 $179900 1975 $17,600 197.6 $17,400 1977 $17,000 Said tax shall be irrepealable so long as any of said bonds are outstanding and unpaid, provided that the Village reserves the right and power to re-* duce the levies in the manner and to the extent permitted by 475.61 (3) M-S,10 (7) The full faith and credit of the Village is hereby pledged for the payment of the prifteipal of and interest on said bonds. (8) The Village Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as. he shall require, and to obtain from said Audit6r a certificate that said bonds have been entered in the Auditor's Bond Register. (9) The offer of Turan & Moody, Inc., of St, Paul, Minnesota, to purchase the bonds to be issued hereunder at par and. accrued,interest is hereby accepted, and when said bonds have been printed, the same shall be delivered to the purchaser in accordance with said offer. The motion for the adoption of the foregoing resolution was duly seconded by Member Berger, and upon vote being taken thereon, the following members voted in favor thereof: Lubbben, O'Mara, Schmid, Berger and Rupp and the following members voted against none. UHEREUPON$.said resolution was declared duly passed and adopted* Mrs. Peterson asked permission to put a notice in the papers regarding the annual May 1st cleanup which is required under the Village Health Ordinance. It was decided to use the Village forces to aid in a general cleanup. The road crews are to be assigned specific areas daily for the purpose of picking up rubbish placed on the side of the road. The Engineer and Street Superintendent are to work out a schedule and give it to the Clerk. -The Clerk will then place a notice in the newspapers which will include this information, The Clerk read a letter from lvbL-. Thompson.,t Superintendent of the Water Department which was an answer to his letter informing the St. Paul Board of Water Commissioners of' their violation of our Zoning and Building Codes by the construction of the water tank in the Village of Maplewood. Mr. Thompson asked what steps should now be taken to remedy this situation and also what services were provided in return for any permit fee paid to the Village. The Clerk was instructed to write a reply and to include copies of the previous letters exchanged. They are to be sent to the three Commissioners as well as the water department. A petition for a street light to be installed at the Corner of County Road "C" and Duluth Ave. was received from the Lakeview Lutheran Church. It was referred to the Village Engineer for investigation and action. Another request for a street light at the corner of Jackson and Dion was made and was referred, to the Village Engineer. Al Philip's application for a dumping permit on property located at 2557 Highway No. 61 was read, As we have no ordinance governing this situation, the Village Attorney.was asked to draft one and bring it to the next regular Council meeting. An application to transfer the Non-Intoxicating Malt Liquor License and Tavern License for the Boulevard, 1740 Rice Street, to Matt Sack was reaa. The Village Police Department had checked the proposed licensee's record and found no record of arrests* Rupp moved, Berger seconded that the license transfer be made. Ayes - all The Clerk then read, a letter from D. Ds Wozniak asking the Council to pass a resolution stq, -ti p, that they had no objection if the Legislature were to pass a bill giving muraic;ipalities permissive authority to purchase any items through.,th.e - Oity-Purchasing Department. The Clerk was instructed. to reply that the Village of Maplewood would. give tentative approval to the idea of a permissive purchasing bill but would reserve the right to examine the bill before giving any formal resolution. NLeting adjourned at 12 :40 A.M. April 17, 1958 Forrest Re Schmid Clerk The regular semi.- monthly meeting of the Maplewood Village Council was called to order at 7105 P.M, by Mayor Luebben, other members of the Council present were a O'Mara, Rupp, Berger and Schmid; absents none o, Mr. Freeman, Representative of Northern States Power Coo, appeared before the Council to request approval of plans for installation of additional propane storage tanks at 1550 Century Avenue. It,,was explained. that this is just an extension of their previous plan for construction in the area. O'Mara moved, Berger seconded that the addition be approved and the matter be referred to the Bui.lding Inspector for follow up. Ayes .. all Harry Cara, 505 Eo Viking Drive, appeared before the Council to discuss a problem-with regard to his dog. Mr. Carr lives in Little Canada and his dog was picked up in February by the Maplewood Dog Catcher for not having a license. His wife had paid for its release from the dog pound and all fees involved in-M, c ludi,nrg the purchase of a Maplewood Dog License. On April 7. 1958 the dog was again piclod yap by the Iftlevood Dog Catcher for violating the leash law which had gone into effect April 1, 1958. Mr. Carr felt that he was being unjustly treated in view of the fact that he is not a resident of Maplewood. Because this is a matter that involves our relationship with adjoining municipalities, Trustee O bra suggested that this :matter be discussed at the Ramsey County 10=, ictpal. Officials Association Meeting on April 230 1958 so that officials from ,all the mmicipaUtles =ay adopt an acceptable policy to be followed under such-.: �c�ir�ta�®8s. Pursuant to a resolution adopted by -the Council on March 20,o 1958 and subsequent notice to the property owner by certified nail,* Mayor Inebben declared the bearing set for 7130 P.M. on this date opened to consider the condemnation of an unsafe basement excavation on the property of Lawrence Hare n, 2210 Van Dyke Ave. The Deputy Clerk reported that Mr, Harebman had informed the Clark's office that he has a lawsuit pending with Andrew :Shuster as the result of unauthorized damping of trees and other materla.l -s 17 Mr. Shuster into the basement cavity which pre- Temteed Mr. Harms from exam l-ni.ng the remains of the f Ire for va l uab lre s . Wo 1krabmian, had stated that his law a -ba d' aid seed him to leave the basement untouebed until this suit is settled. Mr. Harsbman bad been advised to get in touch with the Village Attorney to discuss this situation,. Fir. H&.rshman was not., .'Present and Memmer, Village Attorney, had not yet arrived at the meeting to report whether this contest had been made. O'Mara moved that the hearing be continued to 9 g0 P.M., May 1, 1958. Luebben seconded. Ayes - all Merle Waite, 1227 Ripley, requested the rezoning of two lots near the SE corner of Frost Avenue and Clarence Street to an R-2 Residence District (Double Dwelling) for the purpose of building a two family home Tt is currently zoned R-1. Residence District ,(Single.1)wellin9 ). It was explained that it would be necessary for Mr. Waite to follow the proper rezoning procedure which would be explained to him by the Clerk's office. James Deyo, 1268 1. Belmont Lane, stated that he had been refused a building per- mit for a garage which he planned to place less than 30 feet from. his property line. He was informed that the Building Inspector had acted rightly in denying the permit because the provisions of the building code require that setback. The Building Inspector was requested to draw a sketch of the property showing the location of the house and proposed garage to try to determine if there is reason for a distress p %0 1 ,prmit which would permit the Council to allow him to deviate from the established building code. Pursuant to due call and published. and posted notice thereof, the hearing set for 8:00 P.M. on this date to consider the proposed assessment roll for property benefited by Street Improvement 57-1 was declared open by Mayor Luebben. The first project discussed was the improvement by grade correction, bituminous surfacing and curbing of the following streets in Monn's Villa: Edgcs,mr)nt-, from Larpenteur to Kingston, Kingston from'Edgemont to Arkwright and. Arkwright from Kingston to Larpenteur. The total cost of the project was $8,424-49. The first formal objection read was from John J. and Marilyn J. Cincoski, owners of Lot 4, Block 2,, Monn's Villa who simply stated they were opposed to the assessments. The second formal objection was from Rufus M. and Vivian A. Cincoski, owners of .Dots 45-6-7-8-9 and 10 of Block 1 and Lots 1-2 and 3 of Block 2, Monn's Villa. It stated they were opposed to the assessment. The Council pointed out that there had been an agreement with the original owner of the property involved that the street would be improved and assessed against the abutting property owners at whatever time the Village decided the road should be constructed. This information should be found on each of the' abstracts of the property in this area. In addition the Council had re- ceived a petition requesting the improvement on October 2, 1956 and had ordered the work done following a public hearing on April 18, 1957. Mayor Luebben asked if there was anyone present concerning this improvement. No one responded. The second project considered was the improvement by grading and bituminous sur- facing of Lake Street from Lydia to Woodlyn at a total cost of $8,340.29. There were no written objections to this assessment. Mayor Luebben asked if there was anyone present from this area and heard no response. The next project considered was the improvement by grading, bituminous surfacing and curbing of Phalen Place from Sophia to Ripley and Gordon Street from Ripley to Phalen Place at a total cost of $6,597-76. Swen Anderson, 1800 Phalen Place, If presented a petition from the property owners protesting the sale of Lookout Park as had been proposed to pay that portion of the assessment charged against park frontage. It was explained to him and the o• hers present that it had been de- 1 termined that Lookout Park could not legally be sold and. also fell below the min- imum size for a building site, consequently that problem had been solved. A letter was then read from Swen H. Anderson in regard to the claimed inequitable assess - ment against Lot 7, Block 1, seemingly owned by Harold J. Schorr. He stated that if Mr. Schorr °s lot were going to be considered a side lot, he would also like his own property considered a side lot, as his home, for all practical purposes, faces Ripley Street. He asked that the Council give consideration to this change in the assessment roll. It was explained to Mr. Anderson that Mr. Schorr °s pro - perty abuts on three streets. The normal procedure in such cases is to use the short side of the lot as the frontage. The Council did not feel it would be fair to a property owner to be assessed fully for a lot which fronts on Gordon. Mr. Anderson's three lots all front on Phalen Place. The Clerk and Engineer were in- structed to adjust the assessment roll using 50%o of the Lookout Park frontage as a charge against the Village. The next project considered was the improvement by grading and gravel base con- struction only of Meyers Street from F. Minnehaha Ave. to Bush Ave. at a total cost of $39853,56. A plan was worked out with the property owners whereby the assessment was redistributed for this project. It was turned over to the Clerk and Village Engineer for recomputation. The last project concerned the improvement of Third Street from Atlantic to English by grading and gravel base construction at a total cost of $3,525-33- One written objection was read from El.evieve C. and Harold. E. Krenz, owners of lots 3 through 15 of Block 12. Mr. and. Mrs. Krenz were also present at the meeting. The method of constructing the streets and figuring the assessment rolls was explained to them. It was decided to leave these assessments as they had been presented by the Clerk and Engineer. Rupp moved., Luebben seconded that the assessment roll be referred to the Clerk and Engineer for the necessary adjustments as determined by tie hearing. Ayes - all Pursuant to the provisions of an advertisement for bids ordered by the Council on March 27, 1958, Mayor Luebben declared the meeting in session for the purpose of opening bids at 9:40 P.M. The bidders and bids on.: , Approximately 2,500 cubic yeards of gravel for base repair furnished in accordance with Minn. Hwy. Dept. specifications, Section 3138, Class 5. ' e Approximately 1,000 cubic yards of gravel for road-mix bituminous surfacing, furnished in accordance with Minn. Hwy. Dept. Specifications, Section 3139, grade BA -2. Approximately 1,000 cubic yards of seal coat cover aggregate furnished in accordance with Minn. Hwy. Dept. specifications, Section 3127, Designation FA-10 were as follows CLASS 5 BASF, GRAWL Arsenal Gravel Co. $2.20 cu. Yd. 5009 Kent Ave. Npls. Alternate (FOB pit) $1.10 cu. yd. T. A. Schifsky & Sons 361 w: -Lnty Po .E $1.90 cu. yd. BA-2 BITUMINOUS AGGREGATE $2.20 cu. yd.. $1.10 cu. yd. $1.90 cu. yd, FA-1 SAND $2.20 cuyd. $1.10 cu. ydJ $2.25 cu. yd. Alternate (FOB pit) 95 cu* yd. .95 cu, yd, $1.20 cu. yd. Each bid was accompanied by a certified check for $250.00. The T. A. Schifsky and Sons bid also stipulated. that for any delivery point less than eight (8) miles from the pit $.12 per cubic yard ebuld be deducted. Berger moved, Rupp seconded that the gravel bids be referred to the Village Engineer for tabulation and report. Ayes - all Pursuant to the provi-sions of an advertisement for bids for the following asphaltic material: Approximately 30,000 gallons, M-3, medium cu-ring cut-back asphalt furnished in accordance with Minn. Hwy. Dept. Specs., Sectioh 3152, dated July 1, 1947 and all amendments and additions thereto. Approximately 80,000 gallons,, SC-2, slow curing liquid asphalt furnished in accordance,4-th Minn. Hwy. Dept. specs. Section 3154, dated July 1, 1947 and all amendments and additions thereto. Mayor Luebben declared the meeting in session for the purpose of opening bids. The only bid recei-;.red was as follows.. C 1 � _. ... I MIC - ASPHALT N. W. Refining Co. (FOB Refinery) $.112.5 per gal. St. Paul Park, Minn. (FOB Map."Lewood)$.1162 per gal. SC-2 ASPHALT $.1025 per gal. $.1062 per gal. Price is based on delivery by truck -transport to the Village of Maplewood. Material would be delivered in heated condition. It was accompanied by a certified check for $500.00. Rupp moved, Luebben seconded that the bid be referred to the Village Engineer for report. Ayes - all Pursuant to the provisions of an advertisement for bids ordered by the Council on March 27, 1958, Mayor Luebben declared the meeting in session for the purpose of opening bids for the folloving estimated quantities of culverts and connecting bands for each: Copper Steel. Round #16 gauge #16 gauge #16 gauge X14 gauge 12" diameter culverts ._511 diameter culverts 3.811 diameter culverts 2411 diameter culverts 500 lin. ft. 500 lino ft. 1000 lin. ft. 1000 lin. ft. 'i*ne uiaaers ana olus re toxc�l- Lu"1500 ft. 1000 ft. 1000 ft. " BIDDER 12" 16 Ga. 15" 16 Ga. 18" 16 Ga. 24" 14 Ga. Wheeling Corrugating $2.00 per ft. $2.40 per ft. $2.80 per ft. $4.49 per ft. P.O. Bx 390, Mills. Bands for each $2.00 ea. $2.40 ea. $2.80 ea. $6.71 ea. St. Paul Corrugating $2.00 per ft. $2.10 per ft. $2.80 per ft. $4.49 per ft. St. Paul 7, Minn. Bands for each Armco Drainage & Metal Products 4345 Lyndale Ave. N. Minneapolis, Minn. .Bands fot each H:V. John8tgn Co.. 4700 N. Mississippi Minneapolis, Minn. Bands for each $2.00 ea. $2 o4O ea. $2.80 ea. $6.71 ea. $2.00 per ft. $2.40 per ft. $2.80 per ft. $4.49 per ft. $2.00 ea. $2.40 ea. $2.80 ea. $6.74 ea, $24'00 per ft. $2.10 per ft. $2.80 per ft. $4,1+9 per ft. $2.00 ea. $2.40 ea. $2.80 ea. $6.74 ea. Each bid was accompanied by a certified check in the amount of $250.00. Berger moved, Rupp seconded that the bids be referred to the Village Engineer for tabulation and. report. Ayes - all Pursuant to the provisions of an advertisement for bids ordered by the Council on March 27, 1958, Mayor Luebben declared the meeting in session for the purpose of opening bids for the following equipment-, 1 each - 1500 gallon bituminous distributor, pressure type to be mounted on Village furnished truck, 1 each - Surface Material Spreader, trailer type, with 12 ft. spread. The Bidders and bids are as follows: BIDDER BITUMINOUS PRESSURE DISTRIBUTOR MATERIAL SPREADER Borchert - Ingersoll, Inc. $5,67.5.00 $1,675..00 2161 University Ave. St. Paul Ruffridge- Johnson Equip. Co. $5,150.00 3021 .. 4th St. SE Minneapolis, Minn. No B id Borchert- Ingersoll's bid was accompanied by 2 certified checks. One in the amount of $575.00 for the distributor and another in the amount of `175.00 for the spreader. Ruffridge- Johnson's bid was accompanied by a certified check in the amount of $700.00. Berger moved, Luebben seconded that the bids be referred to the Engineer for tabulation and report. Ayes - all The Village Engineer's report on the request for a building permit for Lots 19 and 20, Block 4* Kavanaugh and Dawsons Addition was read. These lots are located on the ME corner of Fenton and Adele with neither street having been constructed at this time. The area is extremely rough with a high knoll to the North of Fenton and a' deep draw to the South of Fenton. Lots 19 and 20 are located on the top of the knoT-1. He stated that the topography is such that it will be difficult to design a street which can be safely traveled) and maintained.. The matter is further complicated by 2 houses which have already been built on this unconstructed. street and one house on the unconstructed portion 6f Fenton, It was proposed that Fenton Street be con - tinued along the top of the hill and follow- Adele out to Frost Ave. eliminating the need for the southerly extention of Adele Street. The Engineer stated that at least street grades should be established prior to the issuance of a building permit and if possible Adele St. should be graded together with Fenton Ave. O'Mara moved, Luebben seconded. that the matter be referred to the Village Engineer for further study and report, Ayes - all O'Mara moved, Luebben seconded that the letter and. minutes referred to in the April 3s 1958 meeting with respect to service connections by Northern States Power Co. be rescinded and the following resolution be adopted in its places 58 - 4 -20 -A RESOLVED, That the resolution concerning charges for cutting gas service lines adopted at the April 3, 1958 meeting be and is hereby rescinded and, THAT The Commissioner of Streets, the Commissioner of Public Works, the Con- sulting Engineer for the Sanitary Sever installations and the Village Attorney consult with the Northern States Power Company and work out proceedure for processing any applications by said Northern States Power Company to install new gas mains in those streets in which sanitary sewers will be installed pursuant to construction contracts let for Sanitary Sewer Improvement No. 1, Projects 1. 2 and 3 so that such gas installations will be delayed until said sewers have been constructed, and providing that if such gas installations must be made before sewer construction is completed the cost of cutting gas lines for sewer construction be assumed by the Northern States Power Co. Ayes - all The Clerk was instructed to write a letter to Northern States Power Co. informing them that the two sanitary sewer contractors, Lametti and Sons and Robert W. Moore, have been authorized by the Council to contact and request the cutting of gas ser- vice lines in the future. Mrs, Peterson, Deputy Health Officer, read a letter she had written to Mr. D. C. Hammer, 2666 Highwood Ave., reminding him that it is necessary for him to come to the Village office to obtain a 90 day trailer parking permit previously approved by the Council. The letter was sent by certified mail. Although the letter stated that he must have the permit by Monday, April 14th, he had not received the letter until the 15th. The Council advised her to give .him an additional ten days in which to comply, before taking further action. Pb?s. Peterson then reported that raw sewage was being run into a private culvert along and under Carver Ave. It was suggested that further investigation be made to determine which of the four homes in the area might possibly be discharging the sewage into the culvert. The Deputy Health Officer also reported that Suburban Pick-Up. a Village licensed garbage hauler, was not handing out the notices provided him to distribute to his customers informing them they could not burn garbage in outdoor containers. The 'Clerk's office was instructed. to send a letter to Suburban Pick-Up requesting that -,he hand out these notices to his customers in the future. Firs. Robert Johnson, gol E.. Fifth St.4 appeared befcre the Council with regard to her request for a building permit for Lot 19, Block 6, Parkside Addition. Ljungren, Village Engineer, presented in letter form the following report on this lot: Mr. LJungren had met the property owners at the proposed building site and an agree- ment was reached that a house could be built without a basement on the location determined at their meeting, Mr. Knutson is to provide the Tohnsons with a perman- ent 10 foot driveway easement for the purpose of access to the property. A certifi- cate of survey is to be furnished before a Permit will be issued. -Berger moved, Rupp 'seconded that the Engineer-'Is report :be:;a-ec_ept6d,-,-_ Ayes all Mrs. Johnson was advised to secure the proper description of the property that will be used for this building site and present it to Y&. Memmer, Village -Attorney, for completion of an agreement with the Village that they will not ask for the construction of Allen Place. The application for a trailer parking permit for Dallas Carlile, 2520 E. Larpenteur, was read. The trailer is served by electricity and running water and sewer which are all for exclusive use of the trailer. He is in the US Air Force awaiting transfer orders, therefore the trailer is being used only as a temporary dwelling. O'Mara moved, Berger seconded that a 90 day permit be granted with rigb , t of renewal for an additional go days. Ayes - all The Clerk read two letters from the St. Paul Water Department. The first one con- cerned the water storage tank on Stillwater Road. The Water Department indicated its willingness to paint and screen it according to the wishes of the Maplewood residents. The second. letter pertained to the Water Department's hiring of a Maple- wood resident to watch the tank nights and week-ends to prevent children from being injured during the period of construction. Memmer, Village Attorney, reported that the City of St. Paul had. passed an ordinance adding the addition connection-points-.,,requested by the Village of Maplewood. The ordinance requires that the Village pass an ordinance accepting the City ordinance. Luebben moved,, Rupp seconded that the following Ordinance be adopted: ORDINANCE NO. 57 AN ORDINANCE ACCEPTING AND CONCURRING IN THE PRO- VISIONS OF ST. PAUL CITY ORDINANCE #112250 Ayes - all After considerable discussion as to the permit fee that should be charged for the sanitary sewer service connection from the property line to the hous'6,, OtYlara moved, Berger seconded that the permit fee be se.t,.: ,at ,.$5.00,_.with_ the provision that any additional inspections required beyond one (1) be charged for at the rate ],bf. 3.co.o Per inspection. Ayes - Berger, 011vhra & Schmid Nays - Rupp and Luebben Following a detailed examination and discussion of the terms of the proposed 9ez►itary Sewer Installat�:on Ordinance; Luebbe moved, Berger seconded that the following Ordinance be . adopted ORDINANCE NO, 58 AN ORDINANCE REGULATING CONNECTIONS TO THE MUNICIPAL SANITARY SEWER SYSTEM, LICENSING SEWER INSTALLERS, PPMSCRIBING CERTAIN MATERIAIS AND METHODS TO BE USED FOR SAID CONNECTIONS AID? PRESCRIBING .PENALTIES FOR � VIOLATION OF ' SANS'. Ayes - all After a discussion of the terms and provisions of an ordinance providing for the use regulations of the sanitary sewer system, O'Mara introduced the following Ordinance and moved its adoptions ORDINANCE NO* 59 AN OR REGULATING THE OPERATION OF THE MUNICIPAL SANITARY SEWER SYSTEM; REQUIRING CONNECTIONS TO BE MADE TO THE MUNICIPAL'SANITARY SEWER SYSTEM; ESTABLISHING REGULATIONS AS TO TYPES AND.KINDS OF WASTES THAT MAY BE DISPCSW OF BY THg USE OF-THE MUNICIPAL SANITARY SEWER SYSTEM; PROHIBITING THE DISCHARt OF ANY TYPE OR KIND OF SURFACE WATERS INTO THE 4 MUNICIPAL SANITARY SEWER SYSTEM AND PRESCRIBING RATES AND .CHARGE'S' FOR DISPOSAL SERVICES. Rupp seconded Ayes - all Rupp introduced and moved the adoption of the following resolutions 58- .4..21 WHERW, The Village is obligated to pay the City of St Paul the amount of Forty Thousand and 00/100 ($40,00040) Dollars, more or less, for the construct. tion of WAfee Street sewer in the-City of' St. Paul, which sum is now past date ;axed, VHEREAS, Certain easements are required in order to proceed with sever con. struction work and the property owners must be paid in order to obtain the easements; and WENWAS,g The Village has authorized the issuance of $600,000.00 in bonds for financing sewer expenses, the proceeds of which will not be , available until approximately May 15. 19580 NOW, UMFORE, BE IT `RESOLVED That the Village of Vhplewood borrow from the First State Banc of the City of St. Paul for a period UP to thirty (30) days-0 the sum of One Hundred Thousand and 00 /100 ( $100,000.00) .Dollars, the interest tbareon to be 3.46 %. and the Mayors the Clerk, and the Treasurer, . are hereby authorized and directed to exeiute a note in the amount of $1009000.00 to cover the borrowing thereof from the First State Bank of Ste Paul, and that the sure so borrowed be promptly repaid at the time the , proceeds from the sale of $600,;000.00 of bonds are available* OlMara sector ded, Ayes - all 044ara introduced the following resolution and moved its adoption.- 58 - 4 - 22 WHEREAS, The property described as Lots 26, 270 28$ 29 and .90, in Block 12, Gladstone, Ramsey County, Minnesota, located at Frost Avenue and Ide Street is property needed for sanitary sewer purposes; and, WIEREAS, The Village Council has previously directed the Village Attorney to have an appraisal of said property made by a qualified appraiser- 9 and, WHEREAS, Joseph L. Bettendorf, a qualified appraiser has reported to the Council that the said property is of the appraised value of $12,000.00, BE IT RNSOLVED, The Council hereby finds and determines that Lots 26, 27, 28, 29 and 30 in Block 12, Gladstone, Ramsey County, Minnesota, at the - corner of Frost Avenue and Ide Street are necessary for the construction, mintainence, operation and administration of the sanitary sewer system of the Village of Maplewood- and pursuant to such finding and determination the Council hereby orders and. authorizes the Village Attorney to negotiate the purchase of said property from the owners at a price of not more than $12,000.00 and further,, authorizes and directs the Mayor, the Clerk, and the Treasurer to close said ' purchase and pay therefore the sum of $12,000.00 plus such incidental expenses as are normal and necessary in completing such purchase after the Village Attorney has examined and approved the title. Berger seconded. Ayes - all The Clerk read a letter from Evans Construction Co, 2109 Bayard, with reference to the City Heights Addition Street Construction statement, The letter stated they were unable at this time to pay the total sum of $14,277-90 although they had sufficient funds held in escrow for this purpose which would be obtainable after the roads were surfaced.. Mr. Evans stated he would like to take care of the bill in the following manner: Pay $4000.00 on Phy 19 19589 $4000-00 on June 1. 1958 and $627790 On July 1, 1958. He also agreed to pay interest on the amount due. The Council approved this arrangement after the Village Attorney advised them that it would take longer to complete legal action than to receive payment under the terms of this agreement. Ljung.ren, Village Engineer, presented the preliminary report on the Right-of-Way acquisition for the future improvement of Conway Avenue. The first five phases of the program involve the acquisition of property from the Diocese of St. Paul, property from Minnesota Mining and Yhnufacturing Co., a parcel from Edwin Edward Piper, a parcel from Frank and Gladys Giampolo and another parcel from Arnold 0. Jacobson. The total cost, which involves only the last three parcels.. is $1,600,00- Berger moved, Luebben seconded that the Village Engineer and, Village Attorney be authorized to proceed with the acquisit3*.'-on of the necessary property. Ayes --all Ljungren pointed out that -a sixth parcel of land, owned by Elenora Rosenberg and involving a cost of $14*500,00 is not required in the initial stages of construction and may be deferred until some future date. The Village Engineer presented his recommendations on the petition from John Klune for the improvement of Bittersweet Lane from Edgehill Road to Demont Ave,, He stated that upon examination he found the proposed improvement to be feasible* The total preliminary estimate is $5000,00 with Engineering, legal and miscellaneous expenses bringing it to $5500.00, He recommended that a temporary cul-de-sac be constructed at the intersection of Bittersweet Lane and Demont Ave, If the Developer wishes to proceed with the proposal it will be necessary, under the ordinance, to deposit lC% or $500.00 before the Village,- will undertake any further engineering. O'Mara moved,, Berger seconded that the Village Engineer's recommendation regarding the petition for the improvement of Bittersweet Lane be accepted. Aye s - all The Clerk was instructed to send a copy of the Engineer's letter to the Developer. Because all bids were again exactly the same on the culvert requirements of the Village* the Engineer recommended that St. Paul Corrugating be given the culvert bid in view of the excellent services we have received from them in the past, Berger moved, O'Mara seconded that the Sto Paul Corrugating Co. be awarded the culvert bid. Ayes - all Ljungren then compared the specifications of the two distributors offered by the bidders. He stated that, because of the superior quality, he f61t that the more expensive one should be considered for purchase, Rupp moved that the bid of Borchert-Ingersoll be accepted for the distributor and the sander. Berger seconded.. Ayes - all The Clerk read a letter from V. K. Boe, Tax Commissioner from the Wisconsin Central Railroad Co. in which they asked how the plans for the Sanitary Sewer Project would affect their property. They also wanted to know it their company would be assessed for any of the cost of this project. The matter was referred to the Village Attorney. The meeting adjourned at 2:40 A.M. Forrest R. Schmid Village Clerk hv lo 198 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 t ©'Mlara., Berger, Rapp and Schmid; absents none, 01Mara moved, Luebben seconded that the minutes of the April 3, 1958 meeting be approved as submitted, Ayes - all Merger moved. O'Mfara seconded that the minutes of the April 17, 1958 meeting be approved, as submitted, Ayes . all Lyle Yeager, Route 1, Lake Elmo, appeared before the Council to request a permit for an addition to an existing apartment building at 839 Century Avenue between 7th Street and YAnnehaha Avenue,. .The matter was laid over until the arrival of the Building Inspector, Raymond C. Land.een, 1891 Hazelwood, appeared as a representative of the Cross Lutheran Church, He asked how the Church property would be assessed for the sanitary sewer pro - ject which will apparently run on three sides of the Church property* It was explained that this information is not yet available and could be answered only after a consul- tation with the Sanitary Sewer Engineer.. There is a special formula used in determining the assessment for Churches and other public buildings, which will probably be followed in M plewood. mss. Lucille McClellan, 1091 East County Road C. presented the opinion of the neighbor- hood in the vicinity of Kohlman Lake in opposition to the opening of the dam which allows ,--the water to flow into Lake Phalen from the Keller, Kohlman, f rvais chain. It was ex- plained that these are lakes which belong to a federal, waterways system and cannot be touched by the Village, County or State without approval of they Federal Government. It would take considerable amount of legal litigation in order to change the present situ - ation which involves allowing the water to follow its natural course. Mayor Luebben oxplained the situation at length and advised the group to prepare a petition to be presented to the County Comnissioners asking that they attempt to secure water from the, Cite of St. Paul water system to help raise the level of the lakes. Harry Kopesky, 1041 East County Road C, brought to the Council's attention the drainage ditch.-located on his property which he has been maintaining. It was suggpoed that this m, ght be maintained by the Village through the granting of.:a drainage easement*, The_ rmatter was referred to the Village Engineer for investigation, Ernie Pickert and F. 7, Ennis, representing General Outdoor Advertising Company, appear- ed before the Council to obtain approval of a sign permit which would.place a sign on the corner of White Bear Avenue and Larpenteur on property belonging to W, Al Meister. It was explained that it is the policy of the Council not to allow signs to be erected except on the property of the business it is advertising„ The permit was denied, ft,. and Mfrs. Harry Coons, 2155 White Bear Avenue, again requested permission for a build- ing permit on Lots 1, 2, and 3. Block 1, except the West 10 feet of Lot 3, Kredel's Ad- ;dition to Gladstone. They had asked this permission at the April 3, 1958 r eting and had i'been informed that the property was too small to be broken into two building sites, The Council again informed therm that they could not build another dwelling on this property* Yeager then asked the Council to reopen his request for an apartment building permit. Mr. Londin, Building Inspector, suggested that the plans be referred to the Planning Coiuiiission. O# Mara moved, Berger seconded that the plans for the proposed apartment building addition be referred to the Planning Commission for study and recommendation, F Ayes - all &yor Luebben declared the meeting re-convened for the purpose of continuing the hearing on the rezoning of the property between White Bear Avenue, Prosperity Road and County Road "B" from an R-1, Residence District (Single Dwelling) to an SC, Shopping Center classification. Trustee Berger reported that he and Trustee O'Fkra had discussed 'LI'l-1-4 possibility of securing an independent appraisal of the effect this rezoning would have on the value of the surrounding property, Memmer, Village Attorney, reported. he ;.,ad arranged for the appraisal, but that the report would not be available until the next meeting. A spokesman from the area indicated that the people in the area would be willing to agree to the rezoning if the plan were follow- ed as proposed. The surrounding residents also felt that the small -triangle to the west of Prosperity Road should riot be included in the rezoning. They asked if they could have axny guarantee that would keep objectionable businesses out of that area, The Village Attorney informed them that an agreement could be drawn up between the Council and the present owner which would prevent any future owner from establishing an objectionable business in this area. The Planning Commission's letter was read by the Clerk.. The letter stated. that the Commission recommends the area in question be rezoned specifically to SC - Shopping Center District, but that the small tri- angular piece of property immediately west of Prosperity Road and south of lst Ave. not be included in the rezoning. The hearing was then continued to 7:30 on Dby 150 1958, at which time a final decision would be given. Pb?. 1%mbrez, of H. & Val 7, Rothschilds, asked for approval of the drainage plan pertaining to the property under consideration for rezoning and also the surround- ing property which had been submitted to the board previously, Blocks 51 129 21 and 28 Smith and Taylor's Addition -to North St. Paul. At the time of submissi6n.'th(; Council suggested this matter be settled at the same time the rezoning decision is made, He asked, however, to be given special consideration on the drainage plan so that it could be submitted to FHA immediately. He pointed out the lengthy pro- cedures involved in securing FHA approval. A letter regarding this matter, pre- pared by the Village Engineer was then read. The letter stated that the drainage in this area divides this plat into two sections with the SE 2/3 of the plat drain! inn into the Wakefield drainage district through County Ditch #17 and the NW 1/3 of lon 1ntd!t1�6'i)dir&i.nagiJ. dl's`brict. which W111 the plat'drainlng in'a n6rthwesterly dir6ctl w eventually flow into the Gertin slew area and then through the State constructed storm sewer into Keller Lake. This property is higher than the surrounding land with very little wooded area. The Engineer also stated that it had been necessary to draw some very preliminary profiles on the streets for storm sewer study since the dividing line between the districts runs diagonally through the area. The pre- liminary-layout indicates there would be little difficulty in constructing the streets as platted. He recommended that the developer make arrangements to open Cope Avenue (formerly 4th kvetiue) to a full width street before any street con- struction is actually begun.. He found the proposed layout to be feasible and rec- ommended that the developer be informed that they would be required to make ar- rangements for street construction in accordance with Ordinance No. 52 prior to issuance of any building permits. Rupp moved that the Engineers recommendation with regard to drainage and roads be accepted and that FHA be advised that portion of the property, Block 28 and that part of Lot 2, Block 21 southeasterly of Prosperity Road, is being considered for rezoning. Schmid seconded. Ayes - all Ljungren, Village Engineer also reported that W. Kishel, Consulting Engineer for sanitary severs, had informed ,�. Plambrez that the Willage could not consider sanitary sewero -,,n this area until arrangements had been made for properly con- structed roads* Elmer Hagman, 1927 E. Larpenteur, asked about the cost of the sanitary sewer system in &ont of his house and also how much time he had before he had to con.- nect, He was informed of the estimated costs and the fact that it would be YmrA_ato_-,-y to connect to the system within one construction year after- it becomes available to him. Emill Bly, 1935 E. Larpenteur, stated that he had connected to the City of St. Paul sewer system last year and had paid the necessary assessment required by them. The matter was referred to the Village Attorney for further discussion with the City to determine 4bat can be done with these persons and Problems on boundary streets. W, bly was assured it would. not cost him any more than the average Village home owners. Louis ;uagmann, 1258 East County Road B. stated he had had his rubbish hauled away several weeks ago and wonidered if he would be re-imbursed in view of the fact that the Village planned to pick up the rubbish in the Village. He was informed that the Ell llage was doing this on an experimental basis to f ind out if it will help the Village clean up program. If this is ac,�;omplished, the Gotincil feels that all tax- payers will benefit. He also complained about, dogs and was told he may sign a fornidl complaint against any violator, With such a Complaint filed the Village is then in a position to take, proper action on the violation. Mr. M. Sporers 150 So. Fairview, St. Paul, Minno, who is treasurer of the No W. Saddle Club appeared with regard. to the trailer parking permit that was issued t the caretaker of the No W. Saddle Club. The permit had been issued with the right of only onn additiona2l. r ;jnewal,. The Club was quite conce"Ined. about this deadline for removal of the tra'JLlar as they need some one to watch their cl-abhouse and grounds to prevent vandalism. M,, Londin, Building Inspector, suggested that they add a small addition to the c'!AXohouse Emd- let the caretaker live there. IVL-. Sporer thought there was a possiblity of something like this being worked out but felt it might take longer than the trailer parkir,,g permit would, 1be in effect. He was told to see what they could do and to contact the Counc-;il in the event they need ad- ditional time, lustin Heller, 1530 Sterling South, and Henry Schlomka, 1515 Sterling South, ap- peared to inform the Council that they had seen plans for the proposed freeway to be constructed to take the place of the present Highway No. 100. They felt there were several.. things about, i,�hich the Council should know and possibly object the proposed plans. The Cowcll informed the gentlemen that they had not been shown any plans or consulted on it in any way as yet. It was learned that a section of the Village would be separated from the Village, The Council also suggested that they get a petition signed by as many people from the area concerned as they can and present it to the Rkplevood Council, who in turn will take it to the Highway Department. The Village Engineer was also requested -to look into this matter, W. John WOulty, 2029 Duluth Street, appeared to invite -the . Council to a Civil Defense meeting in the North St, Paul VFW Hall on Play 6, 1958. He also expressed his interest in seeing a group organized in the Village of &plewood. Andrew Shuster, 1992 Mryknoll, asked permission to put a well and individual sanitary system in one of his homes on Radatz Ave. which is a boundary street with North St, Paul* He had previous promised not to ask for these systems as the streets have not been provided for as yet. He felt, however,, that there was a definite need for a system in one of the homes, but agreed with the Council that this home would not be occupied as a dwelling uritil such time as arrangements are made for the streets, O'Mra .moved, Berger seconded that &. Shuster be allowed to install, a full well and sanitary system for one home provided that it not be allowed to be occupied until -the road arrangements have been made, Ayes _ all Ykmmer, Village Attorney, then reported on the Lawrence Harshman basement cavity-on Hazel. Street into which Mr, Shuster had pushed trees during road work in the area.. Harshman had started a lawsuit against Shuster because of this dumping of material into this basement before W. Harshman had an opportunity to examine the remains of the fire for valuables. W. Shuster has agreed to remove the miscellaneous materials. Nbmmer, Village Attorney, and Nlr. Harshman's Attorney had agreed that Mr, Harsbman be given one week after Mr. Shuster removes this material from the basement in which to search the debris, fill the excavation and thus eliminate the hazard it causes, Gene Lund, 1250 Ryan, requested a directional street sign on the corner where Ryan, leads west from Chambers, He felt it would eliminate a lot of confusion as to which way Ryan actually continues. Luebben moved that su (,;h, a sign be placed in this location. Rupp seconded. Ayes -- all W. Lund also indicated an interest in becoraing a member of the Civil Defense unit. Mro Bergstrom of the Northern States Power Company appeared with regard, to they Proposed Gas Franchise Ordinance with his company, Trustee Berger i ntroduced ' a dei,talfi Ord inahee Noe 60 - netitled ; . ORDINANCE NO. 60 "AN ORDINANCE GRANTING PEPMSSION TO .NORTHERN STA'L'ES POWER COMPANY 9 A NINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS 9 TO ERECT A GAS PINT 9 AND TO USE THE STREETS, ALLEYS, AND PUBLIC GROUNDS OF SAID VILLAGE FOR THE PURPOSE OF INSTALLING 9 ENLARGING, OPERATING, REPAIRING, AND MAIN- TAINING IN TIC VILLAGE OF MA,PMiOOD 9 MINNESOTA, THE NECESSARY GAS PIPES 9 MAINS, AND APPURTENANCES FOR THE FURNISHING OF GAS TO SAID VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TRANSMITTING GAS INTO AND THROUGH SAID VILLAGE ", and on, motion made, seconded and duly adopted, the above- entitled Ordinance was read., Thereafter a .motion was wade by Trustee Berger and seconded by Trustee O'Mara that the above - entitled Ordinance be adopted as read and in its entirety. On roll call the vote was as follows: Ayes - Berger O'Mara Luebben Rupp Schmid Nays - None The Mayor then declared said motion duly carried and the above - entitled Ordinance duly passed and adopted, and ordered the Village Clerk: to publish the same in accordance with the law in such case made and provided Nis. Peterson., Deputy Health Officer, reported on the K -9 Kennels situation. She stated that at the time the ordinance was adopted she had presented a set of the regulations to the owner and had given her until April 15, 1958 to complete the changes she had to make in, 2 rfd r to nompl,y with thew.. Mrs, Peterson had tried tea check the Kennels today and had been refused admittance both this afternoon and evening. Sinew then she had learned that Mr. lbmmer, Village Attorney, had given them an additional 30 days to comply with the ordinance. 1!bmme3r explained he was not aware that a dead line had been set and for that reason failed to notify Ws. Peterson of the completion date he had set. He farther explained that he had head several lengthy conversations with the attorney for the owners and had received assurance that the regulations would be meta The Council agreed to follow the arrangements Ammer bad mdes ,, Londin, Building Inspector. presented his report regarding a difficulty he has encot tered with the sanitary sewer project. The report concerned a request for ek. connection by a W. Kelley whose property lies just off East Shore D±cive and adjacent to a parcel, of City property. Mr. Kelly had recently sold a portion of the property along East Shore Drives to Blomquist Realty„ Now Mr. Kelley's property forms a V with the narrow end Pacing the street. The Building Inspector was told to set the request for sewer to the side as . it has not been properly completed, and contained no legal description. The Building Inspector then reported that he had gone again to the Fames Deyo residence at 1268 Belmont as requested at the last meeting of the Council, and found no one home, He put stakes in the ground showing where W. Deyo could s tart his garage and left a note stating that if this was not satisfactory, he should contact the office or Building Inspector. W. Deyo has contActed, the office and indicated he will apply for a. garage peimit using the location suggested by Mr. lab Londin. Ralph Darwin., 1144 Virginia, asked permission to place a pop-corn stand at the HE corner of Frost and Clarence. OlYhra moved, Berger seconded that the matter be referred to the Planning Com: fission for study. Ayes - all AA,. letter from the Planning Commission was read with regard to the action taken at their April 28, 1958 meeting. The following points from that report were discussed briefly: 1. In view of the resignation of James A. McGinley from the Commission, a proposed replacement, Mr. Robert P. Galvin, had attended and met the other members. The appointment of Mr. Galvin was laid over in order to give Trustee Berger an opportunity to meet and consider him. 2. It was unanimously recommended to continue Mr. William Bingham on the .Commission oven though his present physical condition makes it impossible for him to attend meetings. 3« Mr. Edward Kishel agreed to attend a luncheon meeting of the Twin City Metropolitan Planning Commission. The Village Planning Commission re- commend that Mr. Kishel be considered for appointment as a representative on that group. 4# The Commission reported having elected the following named officers: Chairman - Ernest Radat2 Vice- Chairman - Frank Rose Secretary - George Carlton Chris Hansen, 2657 E. Geranium, complained about the dogs in his area and also about i a drainage ditch which runs across his property. He was referring to a ditch which crosses Geranium about half way between Ferndale and "Century Avenue . This matter was referred to the Village Engineer and Health Department as the complaint concerned people running cesspool water in the ditch as well as the ditch needing to be cleaned. He also asked to have the road in that area investigated. This was also referred io the Village Engineer. Ljiingren, Village Engineer, reported that the Conway Acquisition petition had been approved by the District Engineer and had gone to the Highway Department. He also re- ported that the request for a quit claim deed had been approved and would now go to the management team at Minnesota Mining and Manufacturing Co. where he anticipated approval Ljungren reported on the proposed widening of Frost Ave. from English Street to the east under the Munidipal State Aid plans. He stated that he had had preliminary dis- cussions with the County and State. The County had agreed that if the Village will put in the fill and the gravel base that the County would, as their share of the cost, put in a machine laid bituminous surfacing. It was agreed that this project would be undertaken from English to Ide Street and is to include a concrete curbing, Ljungren then reported on the construction of English Street from Larpenteur to High- way No. 36. He stated that he had had preliminary discussions with the state on this and they had agreed that, if the Village would grade English Street, following the laying of the sanitary sewer system, put in gravel and dust coat, they would next year complete the surface and install the necessary storm sewer system with state funds. Ljungren then reported on the progress of thesalvage program in which certain streets of the Village are being stripped, where an adequate gravel base exists, and the material stock piled for later re-laying. He stated that this work is being done for con- siderably less than it would cost to provide all new materials. A letter was read from the Engineer in regard to the Gravel Bids. He suggested that, because of a possible source of gravel within the Village of Maplewood which is in the process of being tested to determine the analysis of the gravel, that action be with- held until May l5. Berger moved, Rupp seconded that the Engineer's recommendation be acce-pted. Ayes - all The Engineer's letter with regard to the single bid received for furnishing asphaltic material was read. He stated that the bid was in accordance with the specifications and finds the price quoted, in accordance with the prevailing prices in the area. He recommended that the bid be awarded to the Northwestern Refining Co. Berger moved, Rupp seconded. that the Engineer's recommendations be accepted. Ayes -- all Berger moved, Luebben seconded that the road restrictions be removed effective to- morrow, May 21 1958, and that the Sheriff's office be notified by the Clerk's office. Ayes - all O'Mara introduced the following resolution and moved its adoption: 58 - 5 - 23 "WHEEKAS, The Village of Maplewood, under and subject to the provisions of St. Paul City Ordinance No. 11061, has heretofore accepted and agreed to all of the provisions of said Ordinance No. 11061 by the terms of Maplewood Ordinance No- 44, adopted on August 15, 1957, including the provisions thereof relating to annual sewer charge, to be paid by each user: and "WHEREAS, The City Council of the City of St. Paul has, by its resolution adopted on April 22, 1958, the same being St. Paul Council File No. 187115, increased the said annual sewer charge from $6.00 per year, as provided in St. Paul Ordinance No. 11061, to $8.00 per year as a temporary increase pending further study of said annual sewer charge by the City of St. Paul; "BE IT RESOLVED, That the Village of Maplewood does hereby assent to the temporary increase of annual sanwer charge, as provided for by St. Paul City Ordinance No. 11061, from $6.00 per year to $8.00 per year pursuant to St. Paul Council Resolution, File No. 187115, adopted by said City on April 22, 1958, and does hereby hold itself bound to the payment of such rates as thereby provided and determined peed" ing further study by the City of St. Paul. "IT IS FURTHER RESOLVED That the Clerk of Maplewood is hereby directed to forward to the City of k-.t. Paul a certified copy of this resolution upon its passage." Rupp seconded. Ayes - all The Village Attorney reported to the Codneil that Mr. "Joseph B'ttendorf, appraiser, e had made appraisals and negotiat'ved settlements for a nimber of property acquisitions . required for the installation of the sanitary sewer system in the village. Upon motion by O'Mara, seconded by Berger, it was 58 -5 - 24 "RESOL1,rF_"'-,, That pursuant to the report of the Village Attorney and Joseph Bettendorf, appraiser, the following tracts of land be acquired for con- struction, use,, maintenance, and administration of the sanitary sewer system in the Village of Maplewood, and that the Treasurer be and is hereby authorized to pay over to the owners of said tracts the amounts set opposite each description. 1. The No. 20 ft. of the So. 296.28 ft. of the EJ of the N� of $100.00 the' of the N 9-& of the W� of the NEi Of See- 36,, Town 29, Range 22 Owned by-, Francis A. and Dorothy E. Bowman 2550 E. Minnehaha 2. The No. 20 ft. of the So. 298.22 ft. of the W� of the W� of the $ 60.00 E 3/4 of the IA-14- of the NEB of Sec. 36, Town 29, Range 22 except the W 100 ft. and subject to Minnehaha Street Owned by.- Delore A. and Elsie G. Germain 2546 E. Minnehaha 3. The No. 20 ft,. of the So. 296.28 ft. of the W 100 ft. of the E 3/4 of the NWT of the NEB of E3e.', 36, Town 29, Range 22, subject to Minnehaha Owned by: Ann B. Frankel and Dorothy Arbore 2534 E. Minnehaha 4. The No. 20 ft. of the So. 296.28 ft. of the E. 65-78,ft. of the N. 5 acres of the W 1/8 of the NE-.1 of Sec„ 36, Town 29, .3-0- —oo Range 22, subject to Minnehaha Owned by.- Walter F. and Eileen H. Hendricks 290 E. Minnehaha 5. The No. 20 ft. of the South 296.28 ft. of the W. 65-79 ft. of $,30,00 the E. 131-57 ft- of the N. 5 acres of the W 1/8 of the NEJ, Sec, 36, Town 29, Range 22 Owned by-, Leonard J. and Alice E. Parent 2522 E. Minnehaha 6. The So. 20 ft. of the N. 929.28 ft. subject to Minnehaha Ave; $ 0.00 the W. 65.79 ft. of the E. 197-36 ft. of the N. 5 acres of the W 1/8 of the NEI of See. 36, Town 29, Range 22 Oiyned by-, Walter _ V. and Frances A. Capesius 2510 E. Minnehaha 7, The So. '20 ft. of the North 9290"28 ft. of the E11 of the $ 90.00 following -. Subject to Minnehaha Ave. and eycept the E, 197-36 ft,.; the N. 5 acres of the W 1/8 of the NEI of Sec- 36, T-)wn 29, Range 22 Owned by: Walter V. and Frances A. Capesius 2510 E. Minnehaha 8. A temporary construction easement 25 ft. in width described $ 5.0,00 as follows: Beginning at a point at the SW corner of Lot 10, Block 4, Midvale, eastward 25 ft. along the S. lot line, thence N. 55 ft, parallel to the W. lot line- thence W. 25 ft. parallel to the S. lot line to the W. lot line of said Lot 10, Block 4, Midvale; thence S. to the point of beginning. It is further understood that a permanent ease- ment will be granted after the installation of public sani- tary sewer described as follows.- Beginning at a point on the SW corner of Lot lo, Block 4, Midvale, thence E. 10 ft. along the S. lot line; thence N. 40 ft- parallel. to the W. lot line; thence W. to W. lot line of Lot 10, -thence S. along W. lot line, of said Lot 10 to point of beginning; it being intended that the permanent easement shall cover a parcel of land 10 X 40 ft. located in the extreme SW corner of Lot 10, Block 4, Midvale. Owned by; Tames A. and Josephine V. Trunzo 9. The So. 20 ft. of Lots 4 and 5, Block 1, Minty Acres, Ramsey Lzi!_00 County,, Minnesota. Owned by.- Everett E. lohnson. and Zita K. Johnson 10* The North 19� ft. of the So. 521 ft. of that part of the $180.00 SW i of See. 159 Town 2q, Range 22-lying West of the right of way of the Northern Pacific Railway Company; subject to English Street Owned by: James T. and Florence A. Denery 11. Lots Twenty-six through Thirty, inclusive, (26 through $122000.00 30, inel), in Block Twelve (12) , Gladstone, Owned by: Josephine M. Carlson 12, The Southerly nineteen and one-half (19J) feet of 950.00 that part of the West half of the SWI of the SWJ of See; . 15, Town 29-, Range 22, lying easterly of .the St. Paul and Duluth Railway right-of-way. Ayes - all OtMara moved that the Sanitary Sewer Engineer, the Village Engineer, and the Sewer Commissioner be authorized to negotiate with the County for the purpose of arran--ing for the re-construp.tion, by county forces, of all County roads damaged in the process of sanitary sewer construction. Berger seconded. Ayes - all O'Mara moved that the consulting Engineer be instructed to study the area north of the present Beaver Lake project for 'the possibility of extending the sewer project into this area. Berger seconded.. sr Ayes - all Londin., Building Inspector, asked if a new license would be required of Plumbers and Cass Pool Installers, already licensed in the Village, who wish to install sanitary sewer connections. It was decided that they could do this work under their present licenses by obtaining, in addition to present requirements, the $5000.00 bond required by the ordinance. Lawrence Olson, Village Treasurer, asked if the Village intended to continue to pay car expenses to Len Pepin in view of the fact that a second squad car has been added. It was brought out that more efficient service could be provided citizens of the East County Line Area with Pepin° s car available. Rupp, Police Commissioner, was asked to look into the ratter and determine if this car was necessary. A petition was received for the vacation of the alley in Bloex 1, Lincoln Park Addition.. Luebben set the hearing for 8-000 P .M. on June 5, 1958. The Clerk was instructed to publish and post proper notices. Meeting adjourned at 12:45 A.M. May 8, 1958 Forrest R. Schmid Village Clerk A special meeting of the Maplewood Village Council was called to order at 7,25 P.M* on May 8, 1958 by Mayor Luebben. Other members of the Council present were O'Mara and Schmid® Absents Berger and Rupp. William A. Arneson, 1633 Myrtle Street. appeared to ask the Council if the residents along Myrtle Street could petition against the construction of the sanitary sewer system in this area. He explained that he has a.410 foot frontage and his neighbors all have large lots with existing individual sanitary sewer systems that they are satisfied with. O'Mara pointed out that, ,not only had there been. trouble previously with individual systems in this area, but that there As considerable_ danger of eventual water contamination. He also stated that, although the Council would certainly give any petition consideration, they would have to keep in mind the serious health menace that might arise if a municipal sewer is not installed.. He also stated that, with two schools in the immediate area, it would be. almost im.. possible to prevent the installation of the sewer for any length of time. Lawrence Lisson, 1851 Barclay, asked the Council if he could run the sewer line from his property line to his house before the plumbing in his house had been changed. It was explained to him that his house plumbing and.. the, sewer lines in the street both had to be inspected and approved before a permit could be issued to run the connection from the property line to the house. Mayor Luebben stated that a number of citizens had talked to him about a sub--epontraetor,, who is installing sanitary sever mains and property line connections, who has.. quoted them a price of $2..50 per foot if he can install their service connection now: rather than move his machine back at a later date. This would save them approximately $1.00 per foot on the service connection,. O'Mara explained that this could: not be ddne .because issuing a permit for a sewer connection essentially means accepting the sewer F,' line for maintenance along with the street involved.. The lines must be completed. and thoroughly inspected by the Sanitary Sewer Engineer before they are accepted. by the Village. Trustee Berger arrived at this point. Al Schilla, Fire Chief, informed the Council that the streets in the Hills and Dales Addition are impassable in several places due. to the stripping of black top before sanitary sewer is installed in this area. O'Mra.stated that the contractor is; scheduled to install sewers in that area in the very near future. an&°then the....streets will be put back into driving condition. It was agreed. to ask the Village Engineer to strip alternate streets where possible to help aleviate any. hazards. e.onne-eted with any emergency which might arise. Clerk Schmid asked how advance payment of assessments- on the sewer system could best be handled for FHA. It was suggested that a cash escrow of li times the estimated cost be deposited with the Village. Memmer, Village Attorney, was asked to write a letter to FHA asking them if this cash escrow could be placed with the Village for the sewer project and also for the completion of streets. Trustee O'Mara., Commissioner of Public Works, explained many phases of the Sanitary Sever Construction Program to the employees present. Copies of this information-will be available for each employee. The Village Attorney reported to the Council that Mr. Joseph Bettendorf, appraiser, had made an appraisal and negotiated a settlement for a property acquisiti.on re- quired for the installation of the sanitary sewer system in the Village. O'Mara introduced the following resolution and moved its adoption: 58 -5 - 25 RESOLVIM, That pursuant to the report of the Village Attorney and. Joseph Bettendorf, appraiser,, the following described property be acquired for construction, use, maintenance, and administration of the sanitary sewer system In the Village of Maplewood., and that.. the Treasurer be and is hereby authorized to pay over to the owners of said property the amount as follows Thy E 100 ft. of the W 383 ft - of the S 83 ft. of the SEJ of See- 139 Town 29, Range 22 subject to Larpenteur Ave. $400,00 Luebben seconded. Ayes - all O'Mara introduced the following resolution and moved its adoptions .58 -5_26 RESOLD, That ..the Treasurer be and is hereby authorized and directed to pay to the City of St. Paul the sum of $42.,000.00 as provided for in St. Paul Ordinance No. 11061. The same being the deposit required by said ordinance for D%plewood's share of the cost of the construction of McAfee Street Trunk Sewer within the City of St. Paul. Berger seconded. Ayes C all Clerk Schmid -read a letter from Harry S. Bronson, County Engineer, stating that. County labor and equipment is available to the Tillage at any time possible, and that the work done by the County will be billed to the Village at cost. The letter had - been. written to counteract false information which is apparently being spread amoung municipal officials.. He stated that he believed the County and municipalities should work to.. gether for the benefit of all concerned. O'Mara stated that he , the Sanitary Sewer Engineer and the Village Engineer had met with the County and discussed the possibility of the County Engineer repairing, County streets_ that are damaged by the sewer construction and billing the cost to the Village. It was agreed that this plan would be..followed. They also. discussed making.. certain grade changes while the streets, are torn up. and the possibility of obtaining. County State Aid to help pay for streets such as Larpenteur Ave.. The Village Engineer is to prepare a list of the streets to be repaired for the County's information., Clerk Schmid read a letter from the State regarding the changing of the .speed., limit on Highway No.. 100 between Highway No. 12 and Highway No.. 212 to a uniform. limit .of 40 miles an hour in this area. .The Clerk, then read a letter from John Emmeot, 111 Century Ave. S ; (East County Line.), in which he protested the Highway Departments plan for constructing a Freeway, in a new location rather than using the present Hudson Road (Highway No.12). Trustee Berger suggested that any future correspondence to the Highway Department be addressed to Marzitelli., their public relations man., as well as to the appropriate officials„ Fred Gorton. 2410 Highway 61, presented a. petition for the improvement of English Street north of Highway. No. 36 to County Road . "C ". but. explained that their intent in presenting the pet ition was just-to have. some. preliminary engineering done and thus be able to determine to some extent the cost of the acttaal construction. He was afraid some property owners would refuse to sign the .petition if they got the im.• pression they were ordering the work done at full cost to themselves.. Schmid suggested that they forget the petition and simply direct a letter to the Council asking 'what future plans the Council has for the developement of English Street as it is a ' proposed State Aid.. Street. Schmid also suggested that the Village. Ehgineer prepare a preliminary report as to. what portion of the street costs would be assessed to the benefitted property owners with the rest being carried by the State Aid program... Wo Certen was informed that an informal meeting could be held..for the people con- cerned after which they would have a general idea of what to. expect with regard, to street asseeaments. Clerk Schmid left the meeting at this point because of illness. Mayor Lue bbe n set the annual beer license hearings for June 5 ► 1958 at. 8130 P.JM* and requested the Police$ Fire. and Health Departments to make. inspections for. each application received. The applicants need not appear in person. unless . one of, the above mentioned departments requests them to do so. O'Mara moved„ Berger seconded that the Clerk be authorized to purchase a desk, chair and typewriter for the office, Aye a.. all Ed, Kish6l, Sanitary Sewer Engineer, pointed ftt that the contractor has almost I completed the 'Margaret Street sewer and the City is asking . when the Village of Maplewood will repAir the. street.. The matter was. referred to Mr. Nishe.l and Mr. LJungren, Village Engineer. Mr. Bushel - also pointed out that it wouldn't be long until more money would. be needed on the sewer project and it might be wise to start thirking of the second bond issue because the workhas progressed ahead of schedule. R. E . Melville,, 1866 Furness., appeared to ask the Council's permission to build a new horror on a 60 foot section of his lot. He already has an old house on, the other 50 feet which 'he would be willing to tear down within .a ._s.pecified length of ti.ma., preferably 3 to 5 years. He intended to rent the old house during this period. O'Mara stated that a decision would have to wait until the neat regular Council when the Village Attorney would be present for legal advise... W. Melville asked if he should have one or two sewer connections run to the property line. Londin., Building.Inspector, was instructed to install 2 wyes but only one service connection until after the neat Council meeting. Ki.shel, Sewer Engineer, brought up the subject of dust control on Larpente.ur Ave. He stated that he had met with .Dean ,Anklan from the County and. Robert More and they had come to the conclusion that calcium cloride might be of some. he 1p. Moore is willing to furnish the labor if the Village is willing to furnish the material which might amount to approximately $25.0...00. Berger moved that Mr. Nishel be authorized. to take any reasonable steps necessary to control this dust problem on Larpenteur which is a borderline. street.. O'Mara seconded. Ayes - all Kishel then presented Change Order No. 1• of the Sanitary Sewer Project... This Change Order includes: 1. Complete construction of Sewage Lift Station. No..,5 at Holloway Ave* and McKnight Road as indicated . on the plans and specifications and as indicated under Alternate No, 1 Item #6 of the bid proposal form dated 3/26/5.8. 2. The above work shall be accomplished at the bid price for Item " as indicated in the proposal form dated 3/26/.58. O'Mara moved. Berger s.econdied that this change order be accepted. Meeting adjourned at 12s45 A.M. .Ayes - all Dorothy PC Eejay Deputy Clerk May 159 1958 The regular semimonthly meeting of the Maplewood Village Council.was called to or-der at 7:10 P.M. by Acting Mayor O'Mara. Other members of the Council present were: Rupp, Berger. and.-Schmid. Absent: Luebben.. Berger moved, Rupp seconded that the minutes of the meeting of May 1, 1958 be accepted as submitted. Ayes. _- all-, Rupp moved that the minutes of the May 8. 1958 special meeting be accepted as sub- mitted. Berger seconded. Ayes...- all.. . Mr. C. 0. Running, 1552 Goodrich, appeared before the Council to inquire about the possibility of obtaining a building permit on the South I 2 of Lot 43, Block .2,. Garden Acres which is only a 50 foot lot fronting on Kennard Street. This..lot.is owned-by. Mrs. Boyd, 883 Century Ave. He stated that there is property available on one. aide but at a price which he believed to be excessive. The property owners on..the,..-other side are willing to buy the 50 foot lot but will only pay $500.00 for it. O'Mara.. explained that the date of purchase of the property was extremely ,impor-tAnt be.cause the,lot itself is described as a half lot. If it were purchased.prior-to.-1941 it might be possible to obtain a permit for building on it. However..if.it were purcbased...between. 1941 and the adoption of the present code, it would not be permis.sable-as even.the.. . Ramsey County code did not permit building on a 50 foot lot after that,date.. (Mayor Luebben arrived at the meeting at this point and took the chair.) Clerk Schmid read a portion of the October 17, 1957 minutes at which time permission..was.-.denied.to.build. on..this property Mr. Running learned that the property had been purchased in 1936. O'Mara moved, Berger seconded that the matter be taken under advisement until the next regular Council meeting,. Ayes all Lyle Yeager, 3906 Lake Jane Road, appeared to get the Councill.s.decision.reg,ar-ding. the.apartment house permit he had submitted at the last regular Council meeting. The Clerk read the Planning Commission's report which recommended approval of the permit. However, they suggested the legal description be checked as.it app-eared...to.be incorrect. Upon checking the legal description it was found that the average width of the lot is only 66 feet. O'Mara moved, Rupp seconded that the permit be denied on the basis of the undersized lot. Ayes - al 1 Mayor Luebben declared the hearing reconvened for the purpose of further discussing. the proposed rezoning of the property between County Road B, Prosperity Road and White Bear Ave. (All of Block 28 and that part of Lot 2, Block 21 southeasterly- of Prosperity. Road, all-.in Smith and Taylor's Addition to North St. Paul) from an R-1. .Residence District (Single Dwelling) to a SC, Shopping Center classification. The.. 'Council had engaged Mr. Bettendorf, a professional appraiser, to study the situation and.determine what effect the rezoning of this property would have on,the..surrounding neighborhood. Mr. Bettendorf reported that he had studied the area thoroughly and had--checked the proposed plan for the area. He stated that he felt some of the people directly facing the proposed shopping center would suffer some damage right.at this, time. However, he felt that in a few years this loss would be offset by an increase in the value of the surrounding property due to the construction of a shopping center. The property which is not directly facirig.this shopping center would.increase in value. He also answered a.number of -questions -asked by the per-sons present. Mayor Luebben asked if there were any further comments or any objections.regarding this proposed rezoning. Hearing none, Schmid moved the adoption of the following resolutions (� 58 - 5 - 27 "WHEREAS, a petition was filed with the Clerk of the,Village..of.Maplewood as_ _provided.under Article.XV, Ordinance No.. 29, Village of Maplewood, said petition having been signed by more than fifty percent (50%) of the owners of property within two hundred...(200).feet of the property, described.as.-follows.0- All of Block 28 and that part of Lot 2, Block 21 southeasterly of Prosperity Road., all in Smith and Taylorl.-s Addition.to.North St.. Paul which has been proposed for rezoning from an R-1 Residence District (Single Dwelling) to an SC Shopping Center District, and WHEREAS, a hearing was set for April 17, 1958, notice thereof having been. duly published in the official Village newspaper and notices of said hearing were mailed, to all property owners of record within two hundred (200) feet of the area proposed for rezoning as required under Paragraph 2, Subdivision A, Article 15, Ordinance No. 29, and WHEREAS, said hearing was held on the date and at the place fixed in the... published and mailed notices, continued to May 1, 1958 and again continued to May 15, 1958, and all objections and recommendations relative thereto were heard by the Village Council, and WHEREAS, it appears for the best interest of the public that said petition be granted, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPELWOOD, MINNESOTA: THAT the petition for rezoning of the above-described property be granted subject to the following exceptions-, 1. That the portion of the property described as that part of Lot 1, Block 2*8,-lying northwesterly of Prosperity Road, Smith and Taylor's Addition to North St. Paul remain as an R-1,Residence District (Single Dwelling) 2. That in addition to the SC Shopping Center District restriction that bowling alleys, taverns or any other business which might remain open after 10-.00 P.M. be prohibited from the property rezoned. Berger seconded. Ayes - all Pursuant to due call and published and posted notice thereof the hearing. set for'8 ,-,.00-P.M. on this date was declared open by Mayor Luebben to consider the rezoning of the South. 233 feet of the East 233 feet of the SE4 of the SE4 of the SE14.of Section ction 18, Township.29, Range 22 (the NW Corner of Larpenteur and McMenemy) from Farm Residential... to BC, Business and Commercial. The petitioners are requesting this rezoning for the purpose of building a gasoline service station. The Clerk read the Planning Commission's letter in which they recommended the petition be denied because this area is primarily a-residentialLarea. and... they . do not_ -favor a. spot rez.oning...... Fred. ,Olsoin�....311 Z..Larpenteur,, stated.that he.. and. his neighbors..-had. signed .this--petition ..because they. felt.. they.. would like::. a. ..filling .. station-on. this corner to... serve the residents -of the .area: The. Council asked_ _if -Mr.6.. Olson: would: have-some. ..of. -the..: other, -people-attend-the _next,.Council_meeting,, to give the Council their opinion of the rezoning personally. O'Mara moved, Berger seconded that the matter be laid over until 75,30 at.the next.rEigular..Cou.ncil.mee-ting. Ayes ® all - Clifford Weeks, 1789 Kennard.,. asked why his building. -permit.was bel'hg..held up. -at 1984. M . anton-Street. It was explained,to Mr....Weeks that Al Herman.and Andrew Shuster-had been,:forced.to.construct 75% of the street on which his property filonts..when.they built the. houses ..in Wakefield Manor.. This was done. with. the,.understanding that . when. . the.property owners abutting this street asked for building permit6_they would,be..re". quired to.pay for the additional 2 inches of blacktop wbich.is necessary to have-a completed street. It was explained to Mr. Weeks, that normally the property.owners have to pay for the entire cost of street construction before any bUilding.permits are issued. Mr. Weeks agreed to enter into an agreement with the,VillAge.stating.that,. i be is willing to pay for the extra 2 inches of surfacing at, such time as the...Council-01"k-ay determine.it necessary, The Council agreed to approve the building permit for''Mr. Weeks...a.s soon.as the agreement is signed, and to allow him to continue work until the Village'AtUorney has praitaraidthe n6�essary agreement -V Mr. Schwartzbauer, 2000 Dieter Street, who is Commander of The Veterans Qf Foreign.. Wars., requested that the petition to have a carnival on the Meister property..on the... corner..of White Bear Ave. and Larpenteur whic)�had been informally denied by the Council last week be reconsidered for next week. It was explained to Mr Schwartzbauer. that.one...of..the main reasons for denying the pet3ition was the dust situation,caused- . by.the installation of sanitary sewers along Larpenteur Ave. This dust has be.en, annoying the property owners along Larpenteur anti would be much worse with a carnival. in .the area to draw more traffic... It was also f lt unwise to grant a permit for this.. area...when St. Paul had denied the permit in view'.of the neighborhood opposition to the carnival and the difficulties the carnival had encountered elsewhere in St. Paul. ' The .reque.st .was .denied. Mrs. Molly Schaefer, 1810 Sterling., appeared to discuss with the Council..the proposed sewer line up to her house. She stated that the road is not completed.and there..is_ a swamp on both sides of the. road.. As she has considerable frontage .with-no..nee-d-for. sewer at this time and she is not anticipating selling her property.0, she.asked.that. the.sewer line not be constructed there at this time. Trustee O'Mara agreed to discuss.. this matter with the sanitary sewer engineer with the possibility of eliminating it from the sewer project. He stated he would call her to inform her of the decision reached. Robert Wallace, 1736 Furness Street., asked the Council how he would be assessed for. sanitary sewer. He explained that he had 278 feet of property fronting on Furness and that this property was only 99 feet deep. It had been platted this-way to bring... the lot up to a minimum building site size. He was assured that this would be taken into consideration when the assessments were calculated and he would not be assessed for the full 278 feet. Mrs. Clark, 1871 Ide Street, asked if there could be anything done about the dust situation on Ide Street caused by the installation of sanitary sewer lines in the street. She was told that the plan was to oil certain necessary thoroughfares and blockade the other streets confining their use to residents of the streets. She thought this blockade would help considerably and agreed to a trial period to deter- mine the effect of this plan. Frank. VerHaigh, 223 Bates-Ave,, St Paul., . appeared bef ore _the. Council_ to acquaint them with.-the type_ of..large.commercial incinerator he constructs..and to ask.if. the.. Council has given_any.thought to setting up regulations.for.incinerators of this type. It was suggested that he bring in a set of his specifications for the Health Department and Council to study. C.harles._Zipper,..2627 East Geranium,..asked....the.Council for permission to build a_se.eond house-.on..his. lot.. His present .house._is so placed on his lot to _make it possible to .build a.. house - fronting . on. Geranium and still. abide by the 30 foot set -back. He wants to..keep both houses fronting.on.Geranium as Ferndale is not constructed past his property.. However, the road easement has-been used.as a..private driveway to serve the.existing.house... The.Council explained that two dwellings_were.not allowed.on_..one building.site and that, if he were interested in building another house, he would have to provide a street for the existing house, assuming the lot to be of sufficient size to .meet.. the .building . site requirements _.of the. code... Leo Zacho, 2332 Stillwater Road, appeared to inform the Council that he had been - asked.. to....-decide where to put his service connection and he felt he could not do this without the-advice of a plumber. He had called the Building Inspector to obtain the names of. the._li.censed plumbers in the Village and was told that there were none.. It was ex- plained to Mr. Zacho that there no doubt had been a misunderstanding and the Building Inspector was telling him there were no licensed sewer, installers in the Village as Yet. 1 Mr. Zacho also asked if there was a possibility that the City of St. Paul could come -... into Maplewood again with something similar to the Water Tank situation on.Stillwater Road. Memmer, Village Attorney, stated that he would have to investigate the matter further before giving an opinion on it. At the time the condemnation proceedings.f-or the water tank was begun the area was a Township and St. Paul could legally take the action they had. He is not sure what the answer to this question is now that the area is a..Village. Ray Kroiss, 1475 Transit,'asked to have his letter read in which he requested that the._ bituminous surfacing be laid on the streets in Kroiss Addition beginning about July 1, 1958. The letter also stated that he had given the Village a bond to guarantee the cost of the surfacing. It was explained to Mr. Kroiss that since he,--had presented the..... bond to the Village the sanitary sewer project had been extended to include his project and the Village does not want'to lay the - bituminous surfacing until after the .sewer.. line.s_'are installed. Mr. Kroiss stated that FHA would agree to the Village holding the money in escrow to complete these streets if the Village will furnish..them.with..a. letter guaranteeing the completion of the streets. This would then make...it.possible... for him to.conclude his agreement with FHA. It was agreed that the Village Engineer would review his estimates and that Mr. Kroiss would place 110% of this estimated cost in.. escrow with the Village.. .Harry Zacho, 1317 Fourth St., White Bear Lake, asked that the Council go on record as ....asking.for the immediate removal of the water tank on Stillwater Road. He stated that he owns property in the area and has been refused a loan on it because of the water tank. He further stated that he had received damages when the condemnation proceedings had taken pace. The Council suggested that Memmer, Village Attorney, investigate.. the . situation further. I Clarence Rollinger, 1909 East Larpenteur, informed the Council that the easement for Hazel.Street through which the sewer line was run is now being..used -as a.thoroughfare„ The..Street.Supe.rintendent was instructed to put barracades in the area.so traffic. cannot.go through.. It was also learned that the full street easement on Hazel is not in the Village's name. Mr. Rollinger agreed to provide the easement from his property. The Village Engineer was instructed to complete the arrangement. Mr.-s,..Swenson,.a,ppe.ared.to..hear the engineer's report regarding Lots 19 and ,20,..Block 4. Kavanmaugli...& Dawson' s. Addition..on which. she would like to build.a...house... This property is .on the.-corner of Adele and Fenton Streets. Neither...of.-..these,.-.streets is completed. Ljungren,_#i11age,Engineer ....presented. , preliminar y—profiles of. Adele.. and.. Fenton Streets. Mrs. Swenson stated that she...is.interested.in,.some.-.e.stimated.co.sts.so.she will.know.if she wants,to.have the street constructed or not. Ljungren was. instructed to prepare an-.estimated,..street construction cost-before the -next..regular Gouncil.meeting,.- Don..Bender, 1977 Price, asked about.having the service line.for sewers.run, tathe. houses in his area..now as....the contractor. had.... offered.. a. very favorable..pr:Lc'e.. It was explained to him that the sewer lines in the street must be accepted by the Sanitary Sewer Engineer and Village Council before any permits can be issued to connect these mains,, Robert Melville, 1866 Furness, reappeared with regard to obtaining.permiasion....fr-om .the - Council to build a new home on the same lot where he has an existing house. He asked- the-Council at the May 8, 1958 meeting if he could have 3 to 5 years in which to build.. this new house and before removing the existing house. The Council instructed the Attorney to draw up an agreement between Mr. Melville and the Village which would give Mr. Melville 4 years to accomplish this suggested plan. Upon the recommendation of the Planning Commission and Trustee Berger, Mayor Luebben appointed Robert Galvin as a member of the Planning Commission to take the place of Mr. McGinley who has resigned. The Clerk read a letter from the Village Engineer in which he stated he had received a phone call from Mr. Art Tews, City Engineer for St. Paul, regarding a petition for. the construction of McKnight Road from Carver to Highwood which Mr. Tews had received from residents.of St. Paul. Because this street lies between -St....Paul.and Maplewood.,,.. both-Mr. Tews and Mr. Ljungren felt that some type of working..arrangement.;might be made-between the City and Village for the construction of this street. The Council authorized the Village Engineer to work with Mr. Tews, City Engineer, and Mr. Bronson, County.-Eng,ineer, to develop the.above referenced street.. Ljungren, Village Engineer, reported that the expected source of gravel within the Village had..not tested out as he had hoped and recommended that the Council award the gravel bid to the low bidder. These bids had been opened April 17, 1958. Berger moved, Luebben seconded that the gravel bid be awarded to T. A. Schifsky & Sons as the low bidder.. Ayes - all. The Village Engineer and Trustee Berger pointed out that the construction of Conway Ave. would at some future date require the acquisition of three lots at..the corner of Conway and Century Ave. It was suggested that the Village purchase this property immediately,.if possible. It had been appraised at $14,000.00 for the.three lots.and the.house. The Clerk then read letters from the Village Engineer and the.Minnesota.,. Highway Department which stated that the Village had been authorized to -proceed to ,acquire right-of-way for Conway Ave.; the total estimated cost being $16,.800.00.. The Village may invoice the State Aid Division for the monies as they become due.. Berger moved that the Village Attorney be authorized to negotiate for Lots 1, 2 and 3, Ellen Grove for the purpose of the construction of Conway Ave. Rupp seconded. Ayes - all _The Engineer, .presented ....the..._reque.st. he..re.commended be. sent the..Board. of Ramsey County C.ommiasi.onera.-Authorizing _the County to. repair. County. Roads.. which. are_.damaged .as. a. ..result of....the. _.sanitary. ,sewer construction, O'Mara moved$. Rupp-seconded that the County, be- requested_.to.repair these streets.and the.Maplewood Village. Engineer be requested to notify the County Engineer's office as sewer construction is completed, accepted and the streets ready for repair, -- Ayes - all . The Clerk read a letter from the Sanitary Sewer Engineer in which he recommended the acceptance of Change Order No. 1 for Project Noe 1, Gladstone. This Change Order covers a.price quotation for the use of 819 cast iron pipe in.lieu of clay pipe.under extreme wet.conditions. This Change.Order was brought about by the requirement.for cast iron pipe on East Shore Drive where the contractor ran into a very unstable condition. O'Mara moved, Berger seconded the adoption of this Change.Order. Ayes - all O'Mara moved, Luebben seconded the acceptance of the Sanitary Sewer Engineer's recommendations for partial payment No. 1 to Lametti and Sons for sewer Project No. 1. Ayes - .all O'Mara moved, Rupp seconded the acceptance of the Sanitary Sewer Engineer's re- commendations for partial payment No. 1 to Robert W. Moore for sewer Project No. 2. Aye -s - all O'Mara moved, Berger seconded the acceptance of the Sanitary Sewer Engiriber's re- commendation for partial payment No. 1 to Robert W. Moore.for sewer.Pro.j.ect No. 3.. Ayes.- all O'Mara presented an estimated fund requirement schedule which had been prepared by Kishel, Sanitary Sewer Engineer, on the Maplewood Sewer Project for the guidance of the Council- and. their-ft scal. agent... Following the report that the police check on Ellen Hallas was favorable., Rupp moved,. Schmid seconded the transfer of an on and off -sale beer license from Fred Deutsch (Fred's Snack Bar) to Ellerin M. Rallis for Curly and Ellen's Cafe at 835 Century Ave. be approved. Ayes - all. The Village Clerk was instructed to write to the North St. Paul Village Council ask... ing them to take into consideration the names of the adjacent streets.in Maplewood when making street name changes. The Village of Maplewood had changed the name of Joy Road to Lake Boulevard at the request of the Village of North St. Paul and now learns through a newspaper article that they are proposing to change it again. Meeting adjourned at 1200 A.M. Forrest R. Schmid Village Clerk May 26, 1958 X special meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7 :25 P.M. Other members of the Council present were Rn,pp and Berger. Absents Schmid and O'Mara. Trustee Rupp reported at length on the interviews of prospective police officers that he had conducted on Saturday, May 249 1958. He stated that he Axed ,Acting Chief Pepin had checked the applicants thoroughly as to their charAo ter and. re- gular employment record, Rupp moved that Donald Kart-us and Daniel,. Leoppld be appointed temporary, part -time police officers for a 6 months prpb4tion period and that they be required to take aptitude and intelligence tests betore they are appointed permanently. Berger seconded„ Ay'ea r all Rupp also reported on John J. McNulty, 2029 Duluth, as a possible QtVil Defense Director. He stated that he had investigated thoroughly and found .,h*m �o be a desirable applicant for this position. A letter. was read from Kermit Heilman ; of the Ramsey .County Sheriff's office in which he recommended Mr. Mc$'14ty or such an appointment* Rupp moved, Berger seconded that John T. McNulty be ' 4pointed Qivil Defense Director for the Village of Maplewood. A trailer parking permit application react. It stated that Mr. Waller wish property while he builds a home. He ptart his home and stated that he may li years. Rupp moved that Mr. Waller the provisions that he may renew the days for the li year period if there jeetions from the Health Department. 1J year period., the Council will have Ayes " all for Roger C. Waller, 1190 Dpebaoh Poad was es to parX the trailer on the above mentioned has already obtained a building'.pewit to need to use this trailer for approximately be given a 90 day trailer parking permit with permit through the Clerkts office each 90 are no complaints from the neighbors or ob- If he needs any additional time beyond the to act on it again. Berger seconded. Ayes r all 'trustee Rupp introduced the subject of the fire departments' contracts, After a:brief discussion, Berger moved, Rupp seconded that the Attorney be instructed to draw up contracts for the following fire departments: Gladstone Fire Department $129440.00 East County Line Fire Department $ 89500-00 Little Canada Fire Department $ 39800.00 Ayes ., all letter from the Village Clerk.. of North St. Paul was read regarding the fire contract the Village of Maplewood has with them. It covers the area bounded by County Road "B" on the North, Bellaire on the Vest, North St, Paul Village Limits ors ' the South and Century Ave. on the East. The letter stated that they were revising their charges and that the $100.00 stand by fee would remain the same,, 15ut the charges for the 1st hour or fraction thereof would be changed tq $100.00 and the additional hours would be charged for at $75.00 per or fraction thereof. After discussing the fees and necessity for this service with Al Sahilla, Chief of the Gladstone Fire Department, Rupp moved, Luebben seconded that the contract with Forth. $t. Paul be renewed. ,' Ayes - all Mrs. Peterson, Deputy Health Officer, reported that she had had a complaint about a party on E. Demont'Ave. who had dug around their cess pool to have it pumped. The neighbors had asked them to fill it but it had not been done. Mrs. Peterson stWtedthatthe situation could be corrected by the installation of.a stand up.pipe. Hupp moved that Mrs. Peterson be authorized to write a letter to the owners giving thivt 10 days to have this condition corrected or a court summons may be issued. Berger seconded. Ayes - all Mrs. Peterson asked if Minnesota Mining and Manufacturing Co. would be required to obtain a restaurant license for their employees cafeteria. It was-decide d that, since ' they do not serve the general public ,they would 'not need one„ Philip Oswald, 1700 E. County Read C, appeared 'to ask the Council about the Possibility of constructing Lealap& Ave, from Prosperi R . oad to the west dine of Pfluegert s Addition, Mr. Kishel, unitary Sewer Engineer, was asked, , if #ere would be any problem with the installation of sanitary sewers along t4�s street. We Kishel stated that there were no apparent problems involved,. Mr. Qsygld then asked, if the streets and sewers could be installed on an assessment bash- and was informed that the policy of the Council had been to require a cash_ eserQw from dev ®toper® in similar situations, Schmid.arrived to take his place.at the meeting at this time. The Sanitary Sewer Engineer presented a problem in the area of 'Idaho Street south of Larpenteur Ave. at Sterling. He requested that the Village Engineer be.auth- orized to raise the grade level of Idaho Street to provide proper coved four` °the sewer to be installed in this area and to make grade corrections on Sterli ig, Berger moved to authorize the Village Engineer to correct Sterling and Idaho for- the purpose of ins "telling sanitary sewer. Rupp seconded. Ayes 44 A petition for the improvement of Burke Ave, between the west line of Prosperity Road ''ind, the - west line of Pfl4e r�s -ddition.`ad'�a street al.ohg he w # #t .Z" 'pe.': f P1lueger'.s., Add it ion! from Burke (foriaerly' Lea land),, to '.County Road. nB ", by grading and surfacing the street was-presented and signed by Philip...Qswald., owner of Lots 2.3,,22,23,,24,25,26",'27,28,29.30 and 31 in Block 1 and Lots" ;030,41,30, . 6 and 7 in -Block of Pflueger's Addition. The petition was referred �,o the Vi4age Engineer.for preliminary study and an estimate.of .coat. The . Village Engineer gave his report on Adele and Fenton Str..e,et. They. potimate included the grading,,, storm sewer and the gravel. stabilized base... at a . c" q- t. Qf... $8,584.00 and the bituminous surfacing at $5,21%.00. The Village En i r was requested to write Mrs. Swenson a letter informing her of the estima e; Pet of the street construction. . . . The. V illage Engineer presented his preliminary report on the State AW Program. for. 195.8 :.arid recommended that we proceed with the Conway Ave. Project, 'o, . ther. pro jeata in the report were discussed. It was decided to proceed with the Cow Ave...and Frost Ave, Projects but to defer temporary action on the English Str 'rojeet. Berger moved the adoption of the following resolutions 1,_Y 58 m 5 0 28 "WHEREAS,, it is proposed to further improve Conway Avenue from a point .2000 feet east of McKnight Road to Ferndale.as a continuation of the im- provement undertaken in 1957 on the petition of more than the required percentage-of owners of property affected thereby, by grading,, stabilized gravel base and surfacing, and to assess.the benefitted property for all or a portion of the cost of the improvement, pursuant to Minn. Stats., See, 429.011..to 429.111 (Laws 1953, Ch. 398t.as.amended), .1 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.", Luebben 'seconded. Ayes - all Ljungren, representing the Village Engineer, pointed out that the report discussed as a.pa'rt of the State Aid program included the necessary elements for proce'edi ' ng with the project. He felt the improvement to be feasible as proposed and that it will by of sufficient size to warrant it being done as a separate improvement. The estimated cost is $ 279250,00o Ljungren recommended that a hearing date be set so,work could proceed without del4y. Berger moved, Schmid seconded the adoption of the following resolution receiving the report.and calling a hearing on the improvement-, 58 - 5 - 29 "WHEREAS, pursuant to Resolution number 58 - 5 - 28 adopted by the Council May 26, 1958, a report has been prepared by Milner W. Carley and Associates with reference to the further improvement of Conway Avenue from a point 2000 feet east of McKnight Road to Ferndale Street by grading, gravel stabilized base construction and bituminous surfacing, and this report was received by the; Council on May 26, 19589 NOW,THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or aportion of the -cost of. the improvement.pursuant to Minn. Stats.t Secs. 429.011 to 429. . 111 (Laws 19539 Ch. 398, as"-amended) at an estimated total cost of the improvement of $ 27,250.00. -A public hearing shall-.be .held.on such proposed.improvement.on the 19th day of June, 1958, in the Village Hall at 700 P.M., and the Clerk shall give published notice of such hearing and improvement as required by law." Ayes - all Berger moved,, Rupp seconded that the following resolution ordering the preparation of report on the improvement , of. .Frost Ave,,.be.adopteds 58 -5 -30 "WHEREAg" it icy proposed to':Unpro�e Fr6stA*enU0 from English Street to Ide St. 4 by widening' c=b oonstruction =d'durfaoing_ mid 'to asseser the benefitted property for all or a portion of the 6oist of the improvement, pursuant to Ninno Statsep Seas 429*011 to 429.0111 (Lawm 1953s Ph* 3989 as amended)p NOW TEWFORE BE IT RESOLVED BY THE VILLA0Z COUNCIL OP W21=03)9 MIMSOTAS 'THAT the proposed improvement be referred to Milner Wo- Ca ley and Assooiatesq, uno Village Engineeraq for- study and that they a'xe instruotedto report to the Co i with all convenient speed advising the Coim-ail in a preliminaxy way as to whether tho al.,0. rms to It nhotild best be made ae and the astimated 008t of, tus Aye a — all A. request from the Veterans of Foreign'Wass to oper'ate a Bingo Game at the Boulevard Nite Club was read* They =6' proposing to, r= a' Bingo Came 'from Sunday# June 22p .l958 to Septo 23P 1950 on a schedule which was attaohed,to the request e- Lawrence Sohwart�baueirp Co=ander of the Postp was present to fuxnish the Village with ad;•• ditio�.al information 'with'regard -to the t;�pe of operatio-n, 'they proposed to pond to Ire Sohwartzbaaer was unable to answer some of the Coun oil ls"'questionsp but agreed to provide further informationo 'Ee'was requested to bring.,,this information to the �Une 591958 meeting at which time.. the permit would be oonsideredo iJungrent Tillage Engineerp rep6rted that he had tak6n part ins a mieting.-with the State'"Highway Department off ioiala 6h Tue6day of last weeks "They" had'- presented the, plans for the proposed highways in the ,Villages They albo req-�%ested tw' a meet" ing be, held with the Counoil at wtd,oh time they oould review the report of the.) 'Highway Department It was agreed to set a meetixia for J=8 3.09 1958, as) proposed by them, o The matter of apboitting a' seoond Doput�r Trdasiurer wad Aisaussede S'Ohmid moved'$ "Berger s000nded that Bernioe DeRung be d0ignated clerk to the Treasurer and author- imd to sign reoeipts..in the ab"senoe of the Deputy Treasurer* . 4res - all X petition far the vacation of the Alley between Sdwdrd and Phalen.Pl&oe north of Aipley and South of Penton-was presented to the Oowioilo • The alley,im legally designated as bdingln BlookZj Lakeside Pa±k and Bldok 79,Kavttnaugh and Daveons Addition to Gladstone* The petitioh was signed by.approximat6ly owners of 75% of the abutting prope#ye The $20*00 fee has been paid and the petition, s a000mpmied by an abstraotorts oertificmtea The hearing was set for 9800 Me on June 190 19580 memmero Village Attorneys reported on; 'his'oontaot with'PRL with regard to the pleoew ment of esar(ro funds for stra6t and s6nitdxy sewer improvements with the Villaga,in plaoe of PM He stated he had received a letter from PRL, favoring the plan sum gestedo Berger movedq Luebben seconded ace3pting the Planning Commissionts report with regard to the request of Ralph Darwin— of St.-Paul for & permit ,to park a, pop corn stand on the N.E. corner of Frost and Clarence---Streetso** The report recommended, approval only if the pop corn trai.ler were kapt in m mobil6,1coziditionq but recom- mended denying permission as a permanent installation. R-app moved that he be: given a'.. 30 day permit subject to examination and regulations of the Health Depart- ment., Luebben seconded. (O'Mara arrived at the meeting at this point.) Ayes - all A, petition made to the Village of Mivplewoodto finish Ryan Ave* between Dieter Street and Barclay Street was read bar 'the Clerk.-* It was signed by a number of property owners in the area, The matter was referred to the Village. Engineer for a.-. preliminax7 study. The Northern States Pow-eir Bill for cutting of dervice c'minections was reported onr by Berger*: He stated that ina discussion with Bergstrom he had indicated that Vm Village would not pay the bills Bless requested to do so by Northern States, Power Co. until after the court case regarding the cutting of ser7ice connections: had been settled. It. ,was decided to await further word from Northern States Power,. do., before authorizing payment. Meeting adjourned at 12sl5 A.M. I - J Dorothy Y . 7/ Ilejny 17 1�7 Deputy Clerk Forrest R. Schmid Village Clerk The regular semi-monthly sheeting of the Maplewood Village.Council was called to order at 7 :10 P.M. by Mayor.Luebben. .Other members of tie Council present were O'ftra, Rupp and :Schmid; Absent: Berger. Luebben moved, Rupp seconded that the minutes of the May 156 19.58 meeting be accepted as submitted. Ayes - all .Rupp moved, Luebben seconded that the minutes of the May 26, 1958 special meet. ing be accepted as submitted. Ayes .- all Mies Ruth Swenson, 888 Sims, .appeared before the Council with regard to her re- quest for a building permit on Adele Street which has not yet been..eonstructed. The Village Engineer's report, showing the cost of the street construction,was read. She asked that, .in view of the excessive cost of street construction, the request for a building permit be disregarded and that no further action be taken on the street construction plans. A petition signed by 86 residents of the area with regard to what they consider &`nuisance in the neighborhood was presented by Mrs. Tohn Luth. The area about which they complain is the north half of a block bordered by Eldridge. Ave. E., East Belmont Lane, ,Barclay Street and Birmingham Street. The petition stated that the topsoil had been removed leaving sand to blow'throughout the area causing eon.« - siderable damage to their lawns and home furnishings. They requested that the owner be required to.replace the topsoil, level the land and'remove'any debris from the area.. The petition '.was referred to the Village Engineer for investigation and report ."4nd to, the Village Attorney to date rmine what legal action could be n,. '' . E. L. - Townley, Secretary, of _the. St.. -Paul Park Lions Club appeared with a letter requesting a permit to operate a bingo concession at- thernamsey County Fair from -Tiny 24 through Jury 27th. He was asked if the game was operated entirely by mem- b"s of the Lions Club and Mir.. - Townley stated that the members operated the game and owned their own equipment, O'Mara moved;, Rupp seconded that the permit be granted,, ,ayes - all Mayor Luebben .declared. the hearing reconvened to consider the petition for the rezoning of the South 2.33 feet of the East 235 feet of the SE1 of the SEJ of the SE} of Sec o .18, -Town; 2% Range 22, ;subject to the rights of the public in East Larpenteur Ave. land McMenemy Street From Farm Residential to Business and Commer- cia'.for the purpose "of erecting a gasoline service station* This hearing had been laid over from the last regular meeting of the Council to allow the petitioners 4M opportunity to bring in suptorters of the proposed rezoning. Mayor Luebben asked for any objectors to the rezoning,. Fames Weid,. Tr;,., 1724 Wmenemy Road presented a petition objecting to the rezoning..signed by 14 individuale.whIo are residents in the area .around the proposed rezoning; Mr.:Weid stated the reasons for the objection being the increased activity in the evening and also the greater Possibility of accidents due to this activity.. .They also objected to the possible future use of this property --for other commercial establishments,. Ronald Blomquist„ representing the Xohn E. Blomquist Co,., Inc., ,j spoke in favor of the petition stating.-that- :there is* already a plam 'to widen iarpenteur to a 98 foot street. The bridge to be constructed over the Soo Line tracks at approximately Desoto Street will make a heavily" traveled thoroughfare between Edgerton and the proposed Highow way No...10. .He ..feels the problem of heAvier traffic will be present regardless of the type of building placed on this eorndr. He also stated thit the .property is not suitable for home building. He stated that the petitioners would be happy .to restrict the property use to a service station if it was the desire of the ad. Joining residents., In view of the objections by adjoining residents and the Kan - ring Commission's Recommendation against granting the petition, Rupp moved that the petition be denied.'. Sehmid seconded. Ayes - all Lyle Swanson; 1695 Prank Street, requested permission to Sell approximately half of his property which measures 130 feet on the front, 169 feet on one side and 217 . feet on the opposite side, This would result in two lots with 65 foot frontages., Although the lots would not quite meat the minumum frontage requirement,,.they would have the minimum square .foot area necessary for a building site. Luebben moved;,..Rupp seconded that Mr. Swanson be granted the building permit. .Ayes �► all M *;:E. O'Reilly on Gervais , 'between Germain and Kennard, stated that he lives one bloek:,.beyond the area .where the sewer is planned for installation, He 'asked if it would , be possible for the sewer to be extended to include his street, Mr.,. W ara explained that it may be possible to add this extension toia.request for a number of other extensions "which will be presented to the St, Paul City Council for approval., .Pursuant to due call and published and posted notice thereof,,., the hearing set for 8s:00 P*M.. on this date Ito consider a petition proposing the vacation of. the alley in Block '2, Lincoln Park Addition was declared open-byiyor Luebben. The alley is bounded by Atlantic Street on the west., .Chambers Street on-the east'Blook 2 Lincoln Park, on the north and Kuhns rearrangement of 'Lots 1, :2, l, .20. 21-land 4 Alock .2, Lincoln Park on the south. Meyor Luebben ' asked if there were any ob. J61 Lions to .the .vacation of this alley.. 1tearing axone, Rupp moved, OlMara seconded the adoption of .the following resolution:* 58 - 6 - 31 the owners of more than 5% of the property abutting on the all I bi 6'k ;2, Lincoln Park Addition, having filed a petition for the vac.atian of .said 'alley; and WHRiREA . the hearing on said petition was preceded bytwo week1s published: a.hd poe Led notice, and ERUS# . no one has appeared in opposition to said petition,;.,and i EREAS, it appears for the best interest of the public that said alley'be vacatsd, NOW* Zvi MUORg, BZ IT RB OL'VED By the village Council of Maplewood, Minnesota :that the -Ailey in Black 2 ...,Lincoln Park Addition, be and the sane is hereby vacated.," Ayes 4, all Frank McGinley, 2044 Prosperity Road, stated that Harris Ave. was again becoming... a thoroughfare and he felt that in view of the work that had been done by the Council on this matter that it was now in the Great Lakes Pipeline Company's hands. He also stated that the Pipeline Company had indicated their intention to relocate their pipe line so Harris Ave. could be constructed in the proper location and according to the Village Engineer's recommendation: Ljungren, Village Engineer, explained that he had had a contact with the District Engineer from the.Great Ikes Pipeline ,Company who -had suggested that he .write to their Chief Engineer as he felt there was a possibility the.company would be willing to relocate the line, when the plans for that street were completed., L-jungre.n wrote a letter explaining the entire situation. After not having heard from them for six weeks after the original letter, he sent a,second letter asking for a reply, He still received no .reply and again a week ago wrote asking for an answer either favorable or unfavorable, Q'.Mra suggested that if ,we did not receive an answer by the next - meeting. -a letter should be written to the president of the .company. Mr„ .McGinley. also .reque.sted permission to as a small-trailer court on the rear of .his property which is laying idle. It was suggested that he contact all eutrounding neighbors within 2 or 3 blocks before taking further action. Donald :Campbell, 1399 E, larpemteur, complained about the damage L metti, the sewer construction contractor, had don6,.to the culverts along Larpenteur Ave,. which were given to the residents by the .County.. W.. Campbell was assured that the .matter would be corre'�cted. as quickly as possibl'a bid that it .had already been brought to the Sanitary Sewer Engineer's attention, The Engineer had made arrangements for the correction,, john. McNulty, 2029 .Duluth, appeared before the Council to report that he would be, starting classes for Civil Defense in September, 1958.. He also stated he would _ be' needing a meeting place. It.was suggested that he contact W. Richardson in North st..Paul for the Gladstone ,Seho6l basement. Oden-Nelson, 1868.Kennard, has a 50 foot lot adjoining his property on-Kennard Street which. he stated was being considered for sale as a building site, This w 5. y Running had in- as the same '. � 0 foot .lot owned b Mrs :. � Boyd about ,which a .Mr,► quired st.the last regular.Council meeting,. Londin, Building Inspector, reported that he investigated. the situation and had found that.additional land was availablee He did not recommend granting a building permit. Request for permission to use this lot as a building site was denied. Ws* .Roberts, 19 ,8 Kennard Street, appeared before the Council to explain that she had .allowed the ' south' 50 feet of a 100 foot lot to go tax delinquent, It was recently purchased from the County .and now is being offered .for re. =sale. Londin., Building .Inspector:, .stated that he had investigated this situation and had found that the Robertsvhouse is so located on the south half lot line that it would be impossible for the south half cif the lot to be used as a building site and still allow access'to.the Roberts propertyy (Trustee Berger arrived at this point in the 'meeting) Mrs..Bobert s stared that she has an attorney attempting to gain repossession for her but if he fa is .she asked that .any request fora. building perini;t on this half lot be .denied. In view of the f4c.t that this lot would. be only 50 Feet wide'. ;the RobortaF property would be only 50 'feet wide and the property to the south i® only 65 feet. -wide 6 the Council.,'agreed that C building permit' could not be granted on this property. Harold.Probe, Ul.l Skillman, stated that the sewer is being constructed on both etreets adjoining his corner lot and asked how his assessment would be determined,. He was t1old the policy is to assess for the lot frontage plus 10 feet of the side lot regardless of the street to which he would choose to connect. Tustin Heller, 1530 S. Sterling, reminded the Council that he had appeared previously with the information that 'the proposed Highway No. 393 would cut off the southeast corner from the rest of the Village.. Following the suggestion of the Council, he had circulated a petition-requesting a road which would insure connection with the Village and presented the .petition at this time. We Heller was assured that the matter -would be brought to the attention of Highway .Department Officials. 1"hillip, Q'awald, 1" 00 .B, .G unty Read "ON. asked for the Engineer's report .on the Petition for street improvement he had presented at the ' last meeting, He had asked for the construction of Burke Ave, from Prosperity .Road to Kennard and a street along the West line of Pflueger's Addition from,Burke to County Road ",B ". The fagineerr s' report; gave the estimated cost of the grading and gravel base as $.4910,Q.00 and the total estimated cost of the entire project .as $14,148.5.0. This total estimate included bituminous surfacing, plant mix machine laid bituminous curbing,'boulevard sodding and sanitary sewer construction. The Engineer stated that.'he believed this improvement to be feasible. After considerable discussion with Mr;, Oswald and lr Ummer, Village Attorney, it was agreed that Mr. Oswald could provide 'a cash escrow for 1i times- the estimated cost of the grading and gravel-base-construction leaving the balance of the street construction and sanitary sewer installation to be paid on an assessment basis. Francis Breen, 2010 .East County Road !B", stated that he lives in ,,a location which the ,Village ... 8anitary Sewer Engineer informed ]aim would be highly impraotical to be serviced 'by the Village of Maplewood Sewer System at this time. He pointed out that his .property lies adjacent to the North St. Paul Village limits and their trunk sewer line runs through his property. He asked the Council's permission to negotiate with the North ' St . Paul Village Council and the City of St..Paul to attempt .to -obtain their . permission to connect to the North St. Paul line. The Council agreed to give Mr. Green this permission. Uvrenee P ahwartzbauer, Commander _of the VFW, appeared again with regard to the bin go permit the ,.VFW had asked for at the last Council meeting. He had other members of the Fbit with him, incl. uding the gentleman who woul have charge of the game, They stated that the game would be run exclusively by the VFW organization and no individual would profit. from it in any way. Trustee O#Mara suggested 'that Mr„ . bbmmer 'pillage .Attorney, draw up a set, of regulations! f or all bingo games to operate by- before'any more permits are actually issued. The regulations are to be prepared by the next regular Council meeting and the permit discussed finally at me that ti. Berger moved'. :Luebben seconded that trustees Rupp and O'Mara and the Village Attorney draw up an ordinance .regulating bingo for the Council's consideration at the .next regular Council, meeting. Ayes - all Luebben moved, Rupp seconded that the ,Clerk be au,throized to sign the final plat of Tmreeth"s Addition upon receipt of a letter from the .Village Engineer stating that the final plat is in compliance with all Village regulations. Ayes � all 1oiert' Sander,, representative of Juran and Moody9 reported'to the Council on- a pros posed -second series of bonds for the financing of the Sanitary Seger C'onstruetiori project: The Council and Mrs Sander agreed that,3750000.00, was the amount necessary and practical at this time: 04Mara - moved,, Berger seconded that ar'rangement s-J9,WW0 . with Juran and Moody for $7509000.00 worth of bonds at an interest rate of not more than 3452 %0. _ ,lyres - . all O'Mara presented a letter from the Sanitary Sewer Engineer in which he reoomaended' several extensions to the present plans for sanitary sewer construction in'Maplewood.. He pointed out that it is necessary to secure approval from the Sto ftil'Couneil and State Board of Health. O'Mara introdu.oed; the following resolution and moved its adoptions 58 -6 -32 "BE IT RESOLVED that the City of St. Paul be and is hereby requested to-.... - au:thorize the following additions to the ourrent sewer construction in the- Village.. of Maplewood pursuant to the provisions of St Paul City Ordinance loo. 1.1061 a 1- 330 feet of 8" pipe on Barc3lay Street from Belmont to Skillman. 2. 165 feet of 8" pipe on. Ripley .Avenue west of Manton Street. 3* Approximately 263 feet of 8" pipe on Phalen Place, north of Sophia Ave* 4. Approximately 785 few of 8" pipe on Walter Street south of Frost ^ L' es 5 . Approximately 200 feet of 8" pipe on Skillman Avenue east of Manton St A .6. .approximately 170 .feet of 8" pipe on Sophia Avenue east of Ide SStreet. 7. Approximately 275 feet of 8" pipe on Frost Avenue between. Birmingham and Ide Streets., w The Clerk is hereby directed to forward a certified dopy of this resolution to the City Council of the ,City of St. Paul together with the design plans and speoifioations as..required by said .City." Rupp: sae:onded.«. M 4es all Xishelp ,Sanitary Sewer Engineer' brought to the attention of the Council the -fact... _. . . that all servioe connections on Larpenteur had been made except the'seoti ©n oonstruoted by Lametti and Sons for the City.. of St. Paul. These . serviee connections oannot be completed until the payment of the Maplewoo&- ,share has been made. However Mr: Kishel has been unable to determine the exact amount: The matter was.: referred to Memmer! Village Attorney,, for discussion with St. Paul Officials. Kishel also pointed out that the County is planning to do some oiling on Larpenteur Ave.: He felt it should be delayed if possible until the service oonaeotions are in- stalled. It was agreed that the Village Engineer and Sanitary Sewer Engineer would be given the authority to make necessary arrangements with the County of Ramsey for the agreement as to when and how the work would be done on Larpenteur Ave;. O'Mara move.d9 Berger seoonded that the .partial payment Noe 1 for Barbarossa 8a -Sons in the amount of .$18900040 be approved*- 1 Ayes - all _ The Villdge-Attorney presented copies of the law establishing and 'dontr0lling,'the.-.- dater - Department . of St. Paul. It was decided to give each Councilman an opportunity until the next meeting to read the material. Further discussion is to be held at.the next meeting* The Village. Sngineer Q s report on Ryan Ave* from Dieter to Barclay was 'read 'Itb6n- tained a preliminary estimate of a.00st of $16770,50* Investigation'Aisolos®d,that this is a road easement with only side lots :abutting and .the benefit -wrould..be.._ greater to areal residents than to abutting property ownersa. ,The po6sibility• of constructing sa. road on a simple basis9. confining construction, to a minimum 'of grading and avel for public convenience was disdussed, Bey er mo�rea that ' .an 8'r � 8� 9 p ` g �Y' ..... Street be oonstrueted between Barclay and Mister as a publio improvementp. Luebben seoonded.: "Ares � all Ljungren, :Village Engineerq presented preliminary plans for proposed storm 8®w „er' drainage for two areas in the Villagee One originates at Cl.arenoe* an&"Sophia and the other originates at Ide and Summer9 136th draining into Wakefield Lake's It..wae . :. decided to discuss the matter more fully at a future .. Qouncil meeting4 He estimated the cost of this 1pro ject to be approximately $409000'400e ,The .Clerk read a petition for the vacation of Kenwoed Lane 210 feet wesit. of the oenter line of Aroade Streets O'Mara.7,moved9 ,,Rupp seconded that the hearing on this vacation be set for 8s00 PaMe on July 29 ,1958* Ayes - all Sinoe the Council has had time to review and consider the ro osed ,Frost Av®niaem' p P improvement9 Berger introduced and moved the adoption of the follaw�ng resolutions 38. °633 "WHE'REAS'& pursuant to resolution No* .58 - 5 - 30 of the Council adopt®d'” May. 269 :19589 a report has been prepared by .Milner We .Carley and •Associates# Village Engineers4 with reference to the improvement of Prost. , vdniie from English'Street to Ide Street by widening9 curb. construction and s.urfaoingp and this report was received by the Council-on May 269 19589 NOW TMMEPORE0 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPUMOD9 MINNESOTA. s 1 . The Council will consider the improvement of such street in accordance with'-the-'report and the assessment of abutting .property for all or a portion of the most of the improvement pursuant to Minn:° Statsv 9 Seos'o 429.011 to 429.elll (Laws 1953.9 Chap. 3989 as amended) at an estimated total cost of the improvement of $189507o00e 2* _A publio hearing shall be held ' on such proposed improvement on the 17th day - of July.9 1958 in the Village Hall at 8#00 Mop and the Clerk shall give published notice of such hearing and improvement as, required by law. Ayi a s. - all .The Clerk was authorized to arrange with the Civil Service Commission in_"St.0Paul for -the ... testing of applicants for election judges and clerks to be used at future elections* Meeting adjourned at 1830 A6M* .Forrest Rd- Sdhmid 'pillage Clerk June 129 1958 Aspeoial meeting of the Maplewood Village Council was-odlled to order at 7t'15 P.M* by May6r Luebbigno Other members of the Council present were GIMaraq Rupp and Schmid# absents Berger* O'Mara moved the approval of payment No 2 for'Lam6tti and Pons Pro jeict No.. 1.9 . 'in the amount of $14990.46.21 for work completed during May,, V58., Luebben seconded. Ayes - all O'Mara moved the approval of payment No. 2 for Robert W. Mo ore 'in the amount of $679381026 for work completed during May on Project No* 2. Rupp seconded* Ayes - all OlMdra moved the approval of payment No* 2 for Robert W. Moore for Project No* 3 in the amount of $419189*22 for work completed during May. Rupp seconded* Ayes all O'Mara moved the approval of the payment certificate f_r'Bbttenburgq Townsend'*''' 0 Stolte and Comb,, Sanitary Sever-Engineersp for resident supervision and mileage during May in the amount of $69362993* Luebben seconded,* Ayes all Oscar Londinp Building Inspector,, brought up the maatter of the installation-of sewers on Craig Plaoe* He pointed out that the full road easement had not beezi se0utbd'..' and recommended that sever construction be delayed until the easements are oomplet6o, 0I.Mara-requested that Mr. Shuster,, developer of the area,, be contacted and asked to attend the meeting in order to correct the situation* After an examination and discussion of a proposed purchase order form recommended-"'" by the Treasurer and Clerk for use by the Village for all future purohases of'supplies and materials,, it was agreed such a system 'should be established. Luebben moved,, Rupp seconded that the Clerk be authorized to procure suitable purchase order forms* A,ye s - all Mayor.Luebben. brought up the matter of the completion of Sdotland Road in conjunction With .the , dwnp permit .given to the Forest Lawn Cemetery's The area now in: use has reached -the point where a new-road.grade must be established to allow a-further extexision of the dump. He recommended that the matter be turned over to the Village -= Engineer for investigation.. The matter was referred to the Village Engineer for study and report.. Demmer, Village. Attorney9 reported on the proposed dumping ordinance he had prepared at the request of the Councils After a discussion of its provisions and the setting of the license fee at $25.009 Rupp moved, O'Mara seconded the adoption of the follow- ing ordinances ORDINANCE NO. 61 AN ORDINANCE REGULATING DUMPING OF REFUSE WITHIN THE VILLAGE OF MA~PLEWOOD; PROVIDING FOR THE LICENSING OF DUMPS, PROVIDING FOR REGULATIONS THMEOF9 AND ESTABLISHING PENALTIES MR VIOLATIONS. .Ages &11 Andrew-:Shuster9 1992 Msryknoil9 appeared before the Council with regard to the easements required on Craig Place.:. He stated that he would clear them so that. the sewer construction could be completed. Luebben moved that the oompenseAory time, accumulated or owed, by Street - and Sewer Maintenance Employees be adjusted to 0 hours on or before December 31st of each year. Rupp seconded. Ayes all Itwas` also agreed that the Treasurer and Clerk would reach an agreement with the employee ponoerned for past compensatory time. Trustee, Berger arrived at the meeting at this time. Clerk. Schmid reported that he had reoeived a call from Mr. Gerrmang' Chairman of the Ramsey County Fair B©ard9 asking if a permit would* be required for the. 1958 fairs QtMara. suggested that some sort of control be exercised in vi6w. of * the fact that more ,and more requests are being received for the operaitioil of ' carnivals and similar money raising projects. The Council directed the ' Village ,Attorney to ; ' ✓ draw up an ordinance to regulate and license amusement devices and also an-oridinanoe with regard to oontrol obscene literature and similar matters. He was instructed to exempt governments functions from the fee provisions. A'. petition from residents of Linwood Aire. requesting the posting of Linwood Ave. between -McKnight Road and Century .AAre. with 30 mile, per hour speed znne signs, and signs Luebben moved seconded that there -.est be sale. 'CHILDREN PLAYING" s3 s _.Rupp' q approved and .ref`erred to the Street Department for actions,. Ayes - all Russel and Inez A':¢ Abraham appeared before the Council with regard to the Highway Easement on Craig Place. They were concerned about who would pay the oost of the road planned to be constructed on the easement. It was explained that Mr. Shuster had agreed to pay for the cbst of the road, if they would provide the easement. They signed the easement and presented it to the Councils Trustee OsMara read a letter from. Beebe Laboratory requesting information on 'the, th sewer construction. The Clerk was instructed to answer the letter' stating _ that they would be required to conform to the Tillage Ordinance with regard to connections. Following ar. report from Memmers Village attorneys that the agreement- f or" the - sale of $730,000- in general obligation bonds to * Juran and Moody- was satisfactory" from a le al._standpoint9 member Luebben introduced the "following 'resolution and moved its adoptions 38 -6°34 "BE .lfi .RESOLVED By the Village .Council of the Village of Maplewood, Ramsey Countyp Minnesota$ ass follows s WHEREAS* the Village Council of said Village has heretofore'-deteit ined to 'oon- etruot a system of sanitary sewers together with neoessar y lift stations and appurtenances, and WHEREAS$ the Village Council of said Village has entered into contracts for the oonotruotion of said improvement, NOWS- THEREFOREt BE IT RESOLVED By the village Council of the Village of Maplewoodt Minnesota: .. The Village shallforthwith issue its negotiable 'coupon .general' 'o'bligatioh bonds in -the aggregate principal amount of $750,000 to be:!'750 in number, numbered oonseoutively from l to 7309 both inolusive# i.n 'the denomination of $11'000'' each$ dated July 1, 1938 and to bear interest from the date thereof until paid'" at the rate of two and sixty hundredths per cent'(2o6O %) per annum on all bonds maturing in the yearn 1960 to 19639 both inolusive, at . the rate ' of three" per cent (3.00%) per -annum on all bonds maturing in the years 1966 to 1968, both inolu.sive# at the rate of three and forty hundredths per oent (3.400) per annum on'an bonds maturing in the years 1969 to 19729 both inclusive, and at the rate of three and fifty hundredths per gent (3 050) per arnzum on sal-bonds maturing in the years 1973 to 1978, both inclusive, payable January 1$ 1959 and semi- annually therafter on July 1 and January 1 in'eaoh year' plus additional interest at the rate of two and ten hundredths per cent.(2e10o) per annum from July 1, 1958 to July 1, 19599 p.ayable.January 19 1959 and July l$ 19599 to be''represented by a separate set of interest coupons a Said bonds-shall be. payable as to prinoi -r pal and interest at the American National Bank of Saint Phu19 in St. Paulo lli=u ; esots4 and shall mature serially, on July 1 ,. in the years° and amounts asy followss $10,000 in the year 1960; :15,000 in the year 1961; $20$000 in the year 19621 03 #000 in.the-year 1963; $309000 in the year 1964; $35,000 in the years 1963 and 1966; 540000 in the year 1967; $45 #000 in each of the years 1968 and 1969; $50#000 in eseh of the veers 1970 through 19789 all dates inclusive. All bonds maturing after July 19 1968 shall be each subjeot to redemption and prior payment on said date.and on any interest payment date thereafter# in inverse order of their numbers$ at par and aocrued interest plus a premium of 530.000 Thirty (30) days prior notice of su,oh redemption shall, in eaoh. cas&.� be given by mail to the bank where said bonds are payable, to the last known holder and to Juran & Moodyq Inoop 93 East.Sixth Street's $to Paulv Minnesota* Holders desiring to receive such notice must register their namets addresses and. bond numbers with the Village Clerk. q 2-0 The bonds and interest coupons to be issued hereunder shmll be in sub- stantially the following forms UNITED STATES OF AMERICA, STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF MAPLEWOOD. SANITARY SEWER BOND OF 1958, SECOND SERIES No. KNOW ALL MEN BY THESE M ' innesotat certifies to bearers the sum of $ 19000 PRESENT59 That the Village of Xaplew-oodg"Rdk6'ey'-C6uiity't- that it is indebted and for value received promises to pay ONE THOUSAND DOLLARS on the first day of Jblyp 19..2 and to pay interest- thereon .from the aat6 hereof until the principal is'paidg at the -tate of per er -1 c . ent per annumo interest being px5rdble Januax7 19 1959 and semiannually thereafter on the first day of July and the first day' of Janes of each year, plus additional interest at the.rate of two-and ten hundredths' per cent (2. oi* .Per annum from July 19 1958 to July 19 19 99 payable Januaxy 19 1959'and,.4u1y._3,v. 19590' in,accordanee,with and upon presentation and surrender of-'the' interest 004ons:�hereto attached, which are in two setsq- -one -representing interest at the add of per cent per annum from the date hereof to maturityq and the other representing interest at the 0 rate it two ' ' and ten hundredths per cent (2.10%) per annum for the period July 1`91958"16 Judy 19,1959* Both principal and interest are payable at the; Amertoan National Bank of ' Saint Paulp in St.. Paulp Minnesotas, in any coin or curren4. of the United:* Sta-tes of Americai.whicht pan 'the date of payment is legal tender for public and private ' debts-* ..'AM-1 bonds of this.. issue maturing after July 19 1968 are subject to redemption,-.,. .'6nd prior payments at the option of the Villages on said date and on any-int6rest payment date thereafterf in inverse order of serial numbers at a. prise 'of'par and woorued interest plus a premium of $30,00*, Thirty (30) ftys prior notice of such redemption shallp in each cases b,e.given by.mail to the baink where said bonds are payable aad to the last known holder.* Holders desiring to receive such notice must register their n.amesp addresses and bond numbers with the Village. Clerk, This bond is one of an issue in the total principal amount of $75000009 all of like date and tenors except as to maturity$ serial numbers interest rate and redemption privileges which bond has been issued pursuant. to.: and in full ook= fortuity with the Constitiution and Lawsz, of the State of Minnesota-0 for the purposes of providing money to defray the costs of the construction of a,system of'sahi- tary'sewers for the Village# and is payable out of the Sanitary Sewer System of 1958 l'und" of, the Village* This bond constitutes a general obligation of the Villages and to provide moneys for the prompt and full payment of s a*id-'prinoik-- pal and interest when the same become dues the full faith and credit of said Village have been and are hereby irrevocably pledgedo IT IS HEREBY- CERTIFIED AND RECITED that all actsp conditions and things required by the Constitiution - and Laws of the State of Mihn6sot. W. tob e' done-f-- to ha-p*ja and to be performed precedent to and in the issuance of this bond'hwe bebin dwieq have happened and have been performedp in regular and due form$ time and manner as required by lava and this bondp together with all other debts of"the Villdo outstanding on the date hereof and on the date of its actual isswimoe and "deliveryp does not exceed any constitutional or stEtutDry limn itation',. of indebtedness• IN WITNESS W13EREOPV the Village of Maplewoodv Ramsey 06uzityp 'Mini6sotav - by itii Village Counoilp has caused this bond to be executed in'tts - behalf'by the 'signa,'- ture of the Mayor and the Village Clerk and the corporate seal of the Village: to be hereto affixed and has eauset-1. the-"interest coupons hereto aim6x6d, to be: exeav outed and-authentioated by the facsimile signatures of said officers, all as of July 19 1958* Mwor Attests Villag e3 Clerk (SF 'L) (Form of 'Coupon) No the first day of January (July).o 19_.0 The Village of Maplewobdp-Ram�6ey.- County, Minnesotap. will pay to bearer at the American National Bank of Saint, Paulp in St. Paul! Minnesota g the sum of .Dollars for interest then due on its Sanitary Sewer Bond of 19589 Second Series-4 No dated July It 19580 (Facsimile Signature) Mayor.: (Pmosimile Signature) Village.Olerk (on all bonds maturing after July lv 1968, coupons bearing number 21 and higher shall also include the clause "Unless the bond described below is called for earlier redemption")* 3* The bonds shall be prepared under the direction of the Village-: Clerk atLd shall' be executed on behalf of the Village by the signatures of the Ma;�or on bonds numbered 1 to 3751 inclusivev and the Village Clerk on bonds ntmbered 376 to 7509 inolusivev and the corporate:sewl shall be-.affixed thereto$ and th4., interest coupons shall be executed' and authenticated by the printedg engraved o;r- lithographed facsimile signatures of said officers. Bonds numbered 1 to 3750 , inclusive$ shall contain the facsimile signature of the Village Clerk and bonder numbered. 376 to 750s inolusiveg shall. contain. the facsimile signature of the Ma�ror. When said bonds have - been so prepaxed and exeauteidl they -- shall be de- livered to the Village Treasurer, who shall deliver the same' to the purchaser thereof as hereinafter providedg but the purchaser shall not be required to see to the proper applioation of the purohase price* 4• The special fund heretofore created and designated was; "Sanitary Sewer System of 1958 Fund", to be held and administered by the Village Treasurer separate and apart from all other funds; of the Village shall be maintained in the ma=er specified until all of the bonds herein authorized and interest thereon shall have been fuller paid. The proceeds of the sale of the bonds herein authori :�ed, less accrued interest received thereon, shall be credited' to the Construction Account in said fund, from which there shall be paid all. costs of construction contracts heretofore let and all other costs incurred and to be incurred, and the moneys in said account shall be used for no other purposes, provided that, if upon completion of said improvement there sha11 remain any unexpended balance in said Construction Account such balance shall . be transferred to the Sinking Fund Account in said fund. There shall be credited to the Sinking .Fund Account all collections of the special. assessments herein levied, all accrued interest reaei.ved upon delivery of said bondsp all funds remaining in said Construction Account after completion Bf the improvement and payment of the costs thereof, all collections of taxes herein levied. The Sinking Fund Account shall be used solely to pay principal and interest on the bonds issued hereunder. 5. It is hereby determined that not less than $600,440 of the cost of said im- provement shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the said improvement# 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 gush special assessments, and in the event that €y such assessment be at any time held invalid with respect to any lot, piece or parcel' of land, due to a y error, defect or irregularity in any action or prooeeding taken or to be taken by-the Village or this Council or w,7 of the Village's officers or employee69 either in the making of such assessment or in the performance of emy condition precedent thereto, the Vialagm 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 &.vali.d and binding.lien upon such property. Said assessments shall be payable in 20 equalt consecutive, annual installments, the,first.of said installments to be payable with general taxes -for the year 19599, collectible with such taxes during the year 1960. To the first installment there shall.be:. added interest at the rate of 50 per annum on the entire assessment-from the date of the resolution levying the assessment until"Dedember 311 1960. To each subsequent installment there:shall be added interest at said rate for one year on all unpaid installments* 6. To provide moneys for payment of principal and interest there.: is hereby levied upon all of the taxavle property in the Village a direct, general,, annual ad valorem tax, which shall be spread upon the tax rolls and collected with and as a part of other general taxes in said Village for the years- and in the amounts: as follows s YEAR AMOMR YM. AMOUNT 1958 $419990 1974 $220000 1968 329100 1975 21,700 1969 23,600 1976 21000- 1970 239300 1971 2-49000 1972 27'9700 1973 2 2`-9 400 Said tax shall be irrepealable so long as any of said bonds are outstanding and unpaidg provided that the Village reserves the right and power to reduce the levies in the manner and to the extent permitted by 475.61 (3) M- So AO 7. The full faith and credit of the Village is hereby pledged for the payment of the principal of and interest on said bonds. 8. 'The Village Clerk is hereby directed to file a certified copy of this resolution with the County Aaditor of Ramsey County, Mirmes.otaq together with such other information as he shall requireq and to obtain from said Auditor a:. certificate that said bonds have been entered in the Auditor's Bond Register. 9, . The off er of Juxan & Moot- 9 Inc o , of St . Paal 9 Minne sot a., to p-archas e the, bonds to be issued hereunder at pax and accrued interest is hereby acceptedg and when said bonds have been printedp the same shall be delivered to the purchaser in accordance with said offer. The motion for the adoption of the foregoing resolution was.. duly 'seconded 'by Member Berger, and upon vote being taken thereon, the following members voted in favor thereof v Luebbezig 0 'Naraq Rupp- Schmid and Berger S and the following voted against the sames None WHEREUPON, said resolution was declared duly passed and a.dopte&.6 Mrs,'Peterpon,-Deputy Health Officierg reported on a visit that'she and Howard Eggeng Village Dog Catcher had made to the K-9 Kennels today. They found,that work wa;'s.in progress, however she requested they be required to install. an incinerator. Memmerq Village Attorneyq agreed to write a letter to the Attorney for the owner of the Kennel requiring the installation of the incinerator. Mrs. Peterson reported on the trailer, at 2725 Conway,- A-'.Ve.9 which had been granted' a temporary permit and had been moved on June lste She,reported another trailer, was moved in immediately following. It was decided that a-letter is to be written'to the owner of the property informing him that the trailer must be removed or he will be subject to penalties as provided under the Building Code. Ljungren, Village Engineer' reported the need for a roller to be used during road re- construction* The Council felt that in view of the fact that. there would ba:a'need even after sewer construction was complete,,, it would be more economical to purchase. a roller rather than renting one-* Berger moved that theEngineer be author i,.zed to set up specifications and prepax-e aan advertisement for bids for a roller. (Y'Nara, seconded* Ayes - all Ljungren then reported on the proposed plans for road reconstruction following the installation of sewers--,. He also reported on the proposed Village drainage districts* Meeting adjourned at 12005 A,.M Forrest R.-Schmid Village Clerk June 19, 1958 The regular semi-monthly meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7:10 P.M. Other members of the Council present were: Rupp, Berger, O'Mara and Schmid; absent: none. RUPP moved* O'Mara seconded that the minutes of the June 5, 1958 meeting be approved as submitted. Ayes - all Rupp moved that the minutes of the June 12, 1958 special meeting be approved as submitted. Luebben seconded. Ayes - all John Ledo, 1568 S. Point Douglas Road, stated that he had bought several houses from the Highway Department and would like to move them to his property which: is a farm on Schlomka Road. He presented pictures of the two houses he proposed to move into the Village. He asked if it were permissable to place them on half acre lots and was assured that it would be satisfactory as this is well above the Village minimum lot size requirements. The matter was referred.to the Building Inspector for investigation and with the right to approve permits if the buildings are sound and. meet. Building Code requirements. The Clark reported the receipt of a resolution (Council File No. 18791.99.), adopted by the City of St. Paul Council on June 17, 1958, permitting the extensions of sanitary sewers requ.6st�d by the Maplewood Council in Resolution No. 58 - 6 - 32, adopted June 5* 1958-0 0-'Mira moved, Luebben seconded that Bettenburg,'76wnsend, Stolte and Comb be notified that they are hereby authorized to proceed with the opnetruction of the-proposed extensions granted by the City of 5t.. Paul under their resolution (Council file no. 187949, Tune 17, 1958) . Ayes - all Mr. Cuneo, 1211 East Ryan, complained about the streets inlis area as having been impassable for several months, Trustee O'Mara explained the problem the sewer OPAtractor had encountered in this particular area as compared to others. Mr. Ou'ne*6 and the group accompaning him was assured that the Village is aware of the problem and will repair the streets as soon as sanitary sewer and related in- stallations have been completed. .1 Pursuant to due call and posted and published notice thereof, the hearing set under Resolution No. 58-5-28, adopted May 26, 1958, for this date, was declared open by Mayor Luebben to consider the improvement of Conway Avenue from a point 2000 feet east of McKnight Road to Ferndale by grading, gravel base and storm sever construction. Mayor Luebben ' called for any objections or comments from the people present at the hearing. Hearing none, Berger moved, Luebben seconded the adoption of the following resolution: 58 - 6 - 35 IIWHF,W,-AS, a resolution of the- Village Council adopted the 26th day of May, 1958,. fixed a date for a Council hearing on the proposed improvement of Conway Avenue from a point 2000 feet east of McKnight Road to Ferndale by grading, gravel base and storm sewer construction, AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 19th day of June, 1958, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEM17ORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE, OF MAPLEWOOD: 1. Such improvement is hereby ordered as proposed in the Council Resolution No- 58-5-28, adopted May 26, 1958. 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 Kenneth Tauer, 58 E. Maryland, stated that he is planning to buy a piece of property which has a 140 foot frontage and asked if it would be possible to split it into two 70 foot lots. He had with him a letter from the property owner to the south stating that he would not sell him any additional property to make up the minimwn frontage required. The property owner to the south owns 166 feet of frontage. The matter was referred to the Building Inspector for investigation and report. Pursuant to due call and published and posted notice thereof, the hearing set for this date to consider the applicaticm for on- and off-sale 3.2 non-intoxicating malt liquor licenses and tavern licenses was declared open by Mayor Luebben. The applicants, establishments, locations, licenses requested and exceptions noted during the police, fire and health department inspections were as follows.- APPLICANT NAIVE OF BUSINESS Alvin J. Meister Hillcrest Inn Exceptions noted.: None. Anthony J. Chicone's Bar & Chicone Cafe Exceptions noted: None. T. G. Hallberg National Tea Co. Exceptions noted: None Wm. A. Miller Ferndale Dairy Store Jr. Exceptions noted: None Theo. L. Laber Laber's Store Exceptions noted: No Exit Signs Ellen M. Hallas Curly & Ellen's Cafe Exceptions noted-, None Donald V. Gulden Club Suburban Exceptions noted.. None ADDRESS -LICENSES REQUESTED 1809 E. Larpenteur On and Off Sale 2289 E. Minnehaha On and Off Sale 2720 Stillwater 2627 Stillwater 1730 Rice St. 835 Century 2999 Highway 61 Donald Lundberg Koller Club House 2166 Highway 61 Exceptions noted.- No fire extinguisher in refectory ,.Off Sale Of f Sale On and Off Sale On and Off Sale On and Off Sale On and Off Sale Carlee Wean Sant Scandinavian Nita Club 1682 Rice Street On, Off Sale & Tavern Exceptions Noted.: Fire extinguisher dated 4 -3-48, Exit signs over doors needed. and mentioned complaints on young people. James Dean Deants Tavern 1986 Rice Street On, Off Sale & Tavern Exceptions noted: Extension cords through wooden wall in basement, no exit signs over front door and has electric bowling machine. J*ames J'. Kasal Fames J. Kasal Grocery 2259 E. Minnehaha Off Sale Exceptions noted:. None Ruth A. Hart Village Grocer & Butcher 2612 Maplewood Dr. Off Sale Exceptions noted: None Eric 0, Benson Benson's Grocery 1350 Frost Ave. Off Sale Exceptions noted: No rear exit sign (wild.. install) Donald R. Kielsa Maplewood Foods 1351 Frost Ave. Off Sale and Henry Landucci Exceptions noted: No rear exit sign (will install) Harry T. Gerber Prom Catering Co. 2166 Highway 61 On & Off Sale Keller Golf Tournament (1 week) Etceptions noted: None Matt Sack Boulevard Nite Club 174.0 Rice Street On, Off & Tavern Exceptions noted: No exit sign over front'door, leak in oiltank in basement and basement needs general cleaning to eliminate fire hazard. Micheal McCarthy Frost Meats 1161. Frost Ave. Off Sale Exceptions noted: Faulty wiring throughout - recommended inspection by electri- cal inspector and no rear exit sign. The Police and Fire Department turned in an inspection report for Man.Mountain Dean's Tavern at 339 N. Century Ave. although no application had, been filed. Mrs. Peterson reported that he has not complied. with the request of the Health Depart- ment to fix a cesspool serving this property. Berger moved that licenses be granted to the follo'ri.ng applicants where no ex- ceptions have been noted by the Police, Fire and Health Denartments or where minor exceptions noted have already been corrected s ,Alvin Meiste3°0 "Anthony Chi.cone , T. GG, Hallberg, Wm, Miller, Yr. , Theo. Laber, Ellen Hallas , Donald Gulden, Donald Lundberg, Fames Kasal, Ruth Hart, Eric Benson, Donald Kielsa & Henry Land.ucci, Harry Gerber and Matt Sack., O'Mara seconded. Ayes - all With the arrival of Acting Police Chief Pepin the more serious exceptions noted were discussed. Pepin pointed out that the complaint on young people patronizing the Scandinavian Nite Club was an old complaint and had only been brought to the owners attention again. The Maplewood Police had, checked with the Sheriff and found. that he had had no further complaints or problems with this business. Rupp moved that the Scandinavian Nite Club be granted a license on condition that they comply with the correction of the exceptions noted by the police, fire and health departments. Luabben seconded. Ayes - all F, moan's Tavern, x,986 Rice Street, with regard to the bowling machine was discussed. Pepin reported that he had checked with the Ramsey County Sheriff's office and had fpund that machines of this type were legal and permitted to be used. Luebben ;qgved, Rupp seconded that Bean's Tavern license be approved. Ayes- - all 4e application from Frost Mea -ts, 1164 Frost Ave, was discussed. Luebben moved hat the application be referred to the Electrical Inspector for report. Schmid seoon.ded. Afire s° - all Agnald Blomqu*'esta Wayzatm Enterprises, Inc., presented a letter requesting approval qV accompanying plans and specifications for a filing station of masonry and steel Apnstruotion and a plot plan showing the location of the proposed building: The station is being proposed for construction on property can the N.W. corner of ;ggerton. and Larpenteurj described as lots 120 l,s 14 and the north 50 feet of lot 15, pck 89 Kings Addition �o the City of St. Paul* k check of the zoning map determin -- that the property is zoned Business and Commercial. He requested a. building permit for the station* Luebben moved, RVp seuonded that a, permit be granted subject tp the Village Engineerls approval of the approaches and the building inspector's: 4pproval of the buildings on the property* Ayes - a:ll �ipn Esanmengero 760 Rose A 'P:.n, requested the au�pproval of a*. 70 foot -frontage Lot; between. 768 McKnight Road-and 784 McKnight Road. He requested that he be relas;sed Prom the 75 foot frontage minimum and presented a Metter' :which a ntained statements i fpom the adjo#ng property owners that they had no additional property to sell. Wrs lot was p=ohased approximately 3 years ago from Mr. Tangent 768 N. McKnight_ d., Mr. Tangens who was also present, then stated that his own property has a-110 Vgpt frontage but he did not w&-it to sell as it would reduce his garden. size. The- Op .,.ion was that 11re Tangen should either give the purchaser the additional 4 fSet or retuim the purchase price of the loto Luebben moved, Rupp seconded that the request 'be denied. Ayes s - all tqv. K ®nneth Beck, pastor of the Dayton's Methodist Church9 appeared before the::, q eil with regard to a building permit far the Church on Sterling Ave,. and Highway pP 12. He had. been asked to attend the Council meeting because the,.,5neoessary street easement on Stgrli,ng had not been provided and a certificate of survey had.not..been pppvided as requiredo The matter was reviewed wherein the Great-Lakes Pipe Line Cod, hap refused to 000perate in providing the necessary road easements and moving of p pe lines as requested 'by the Village. ' The pipe lines in the proposed' right -of -way. �qr Sterling Ave v, were noted as a,. typical case. Mx. Harold A.. Smith had been Advised; of thi.e m� tuation on June 5, 1957-by a letter from the Village .Engiheer. This ,vas again explained at the January 20 1958 Council meeting-,to Rev..Beck, the P► stor of the ghuroh* but no further action had been taken. Because the.. matter was nqW felt to be or greater proportions than is involved in this particular ' situation, : . was decided not to delay the building permit for this reason. The Council agreed t4at the permit ooad be issued as soon as proper certificates of survey are pre - pogted to the gJer %t s office. Pursuant to due call and published and posted notice thereofq the.bhearing set for i .9:00 P.M. on this date to consider a;,petition proposing the vacation of the all iA. alley Block 2, Lakeside Park and Block 79 Kavanagh & Dawson's Addition to Gladstone was declared open by Mayor Luebben. The blocks are bounded by Fenton on the north, Edward Street on the eastt Ripley Ave. on the South and Phalen Place on the west. Mayor Luebben asked if there were any objection to the vacation of this alley* Hear- ing none, Berger moved, Rupp seconded the adoption of the following resolution: 58 - 6 - 36 ''WHEREAS, the owners of more than 5C� of the property abutting on the alley in Block 2, Lakeside Park and Block 7, Kavanagh Dawson 's Addition to Gladstone, having filed alpetition for the vacation of said alleyp and WHEREAS, the hearing on said petition was preceded by two week's published and posted noticog and WHEREAS, no one has appeared in opposition to said petition, and WHEREAS, it appears for the best interest of the public that said alley be vacated, NOW, THEREFORE, BE IT RESOLVED By the Village Council of Maplewood, Minnesota. that the Alley in Block 2, Lakeside Park and Block 7, Kavanagh & Dawsonts Addition to Gla;dstonev be and the same is hereby vacated." Ayes all. Memmer Village Attorney presented a proposed ordinance concerning amusement parks. After the proposed ordinance had been readq examined and discussed, Berger moved Rupp seconded the adoption of the following ordinances ORDINANCE NO. 62 AN ORDINANCE LICENSING, REGULATING AND DEFINING AMUSEMENT PARKS WITHIN THE VILLAGE OF MAPLEWOODO Ayes all Memmerq Villlage Attorney, then presented a,,proposed ordinance concerning dis- orderly conduct and other related matter. After the proposed ordinance was read and discussedt Berger movedq OtMara.seconded the adoption of the following ordinance: ORDINANCE NO. 63 AN ORDINANCE DEFINING DISORDERLY CONDUCT AND PROVIDING PENALTIES THEREFOR. Ayes - all A plat was presented by H. and Val Jo Rothschilds on a proposed development in the area of Prosperity Road$ Highway No. 36. The preliminary plat was referred to the - Village " Engineer for examination and report at the next regular meeting of the Council. The application for restaurant or bakery licenses were reviewed' as follows: Name Address Health Dept. Report Donald Galden 2999 Maplewood Drive Satisfactory Club Suburban Chicones 2289 E. Minnehaha, Satisfactory Bar & Cafa Maynard Slavik 1831 White Bear Ave. Satisfactory Derby Drive-Inn 1685 White Bear Ave. George & Rose Viola. Mikacevich Rt. 3 Stillwater Satisfactory Gervais Grill Francis X. Trudell 244.1 Highway 61 Satisfactory Northernaire Motel William A. Miller, Jr. 2627 Stillwater Road Satisfactory Ferndale Cafe Ellen M. Hallas 2888.E. Minnehaha. New earners in the midst of' re- Curly & Ellents Cafe modeling. Have agreed to comply with Health., Department requests. Alvin J. Mei stern 1820 North St. Paul Road Tavern properly taken- car e oft- Hillcrest Inn howeverg it was not up to.stanclard on refrigeration and dishwater--a Mrs. Peterson was advised ta�'pro- ceeA with a. violation notice. T. G._ Roy 914 Conway No report available however it Minn. Sportservicep Inc* had always been found satisfactory Minnehah� .Drive-In Theater during past inspections. Rupp movedg Berger seconded that Restaurant licenses be granted to the above named establishments. Aye s - all Memmer$ Village Attorneyq then presented a proposed ordinance which would regulate• the game of bingo, After the proposed ordinance was readq discussed and altere(l$ OtMarai-movedg Schmid seconded the adoption of the following ordinance: ORDINANCE No. 64 AN ORDINANCE REGULATING THE GAME OF BINGO$ AS PRO- VIDED IN MINNESOTA-STATUTES ANNOTATED 614,053-4 Ayew - all Following a discussion of the request of the Lawrence Kaiser Post- #89ol V. FS W, for a bingo permit, proposed to be held at 1740 Rice St,i Schmid moved$ O'Marm. seconded that the request be denied* Aye s - all O'Mara introduced the following resolution and moved its adoption; 58 w 6 ° -37 RESOLVED, That pursuant to the report of the Village Attorney and Joseph Bettendorft appraisers the following tracts of land be acquired for construction, useq maintenances and administration of the sanitary sewer system in the Village of Maplewoodp and that the Tr*a_sur ar be and is hereby - duthorizled to ' pay over to the owners of said tracts the amounts set opposite each description* 1. The South 20 feet of Lots l 29 and 3v Block 1, Minty Total amount $120.00 Acres, Ramsey Countyq Minnesota,, Earnest money paid-, Owned by; Herman A. and Alyce L. Z"emke by Bettendorf 5.,00 3267 N. Long Lake Road AMOUNT DUE 2* Xtemporary construction easement 25 feet in width )Total amount $100.00 along the West lot line of Lot 19, Block 4, Midvalep Earnest money paid .. of which the West 10 feet of the East 25 feet of the by Bettendorf - �00 foregoing described parcel. will become a permanent AMOUNT DUE L95 X0 easement upon installation of the public sanitary sewer* Owned by.- William H. Basler and Ruth Basler 2669 E. Seventh Street 3. The West 20 feet of Lot 12, Block 49 Midvale Acres )Total amount - $490 *00 and the South 20 feet of the North 275 feet of Lots.. ).Earnest money paid - 11 and 129 Block 4, Midvale Acres2 and the East.,10 by Bettendorf - 5000 feet of the South 40 feet of Lot 11,,Block 4t Midvale ) AMOUNT DUE -4,485 000 Acres; also the East 10 feet cf Lot 18, Block 49 Mid,-) vale Acres* Owned by: Leon&-rd E, Kell and Elf a.A'. Kell 2600 Braxnd Berger seconded, Aye s - all Further discussion was held on the necessity for securing coop-eration*from the- Great - ' Lakes Pipe Line CcD. in order to complete several prosposed improvements'*' Memmery Village Attorneyq was authorized to contact them with regard to their future policy .on pipe .,line easements throughout the Village. Rupp, moved for re-consideration on the motion previously adopted with reference - to the bingo permit for the VFW. Berger .seconded. Ayes Luebben Berger Rupml , O'Mara. Nay Schmid Berger moved the action rescinding the beer license for the Boulevard Nite Club in view,, of, the issuance of a bingo permit at this same addre6s-o Rupp. seconded. Ayes all Memmer reported the receipt of a let-ter from FHX authorities starting that they would accept the Village Guarantee for the completion of work required under mortgages insured by their agency in place of previously required arscrow deposit -for such work.. The deposits are to be placed with the Village in such cases-as may be determined advisable -cessa xy. and no Memmer also reported that he bad been in contact with St, PbLuls -Commissioner Winkel who had assured him that the bill for the sanitary sewer work completed on Larpenteur Ave. for the joint benefit of St. Paul and the Village4 would be in the hands of - the Village'. very shortly. Following the payment of the amount due service connection will be- permitted to the Larpenteur kre�*, line* Londing Building Inspector$ reported that a,reqnest had been received for a sewer con- nection on the property to the rear of the _Southeast corner of Kennard anal Frost.. He stated that he had witheld approval until he determined whether the 0.0-uncil,,had approved the lot as a;. building site,, The matter referred to the Village- Engineer for investigation and report. Ljungrenf Villa-go Engineers presented the proposed final assessment roll for Street Improvement No- 57-1 Berger mcwedt Luebben seconded the adoption of the following resolution: 58 38 "WHEREAS'.'t pursuant to proper notice duly given as required by lawg the Council has met and heard and passed upon all objections to the proposed assessment and has!-,amended such proposed assessment as it deems just for the improvement by grad- ing, gravel base and bituminous surfacing of streets in the foll'o-vaing named and described projectss 1. Monn's Villa%- Edgemont from Larpenteur to Kingston9', Kingston from'. Edgemont to Ark-vTright and A�kwright from Kingston to Larpenteur 2. Lake Street from 14ydi&.to Woodlyn 3- Phalen Place from Sophia to Ripley and Gordon Street from Ripley to Phalen Place and by grading and gravel base construction only on the following streets,: 1. Meyers Street from E. Minnehaha Ave:. to Bush Ave* 2* Third Street from Atlantic to English NOW THEREFORE, BE IT RESOLVED BY TEE- VILLLGEI.COUNCIL OF NAPLEWOODt M=SOTLS 1. Such proposed assessment as amendedp a copy of which is attached hereto** and made ai.paxt 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 10 yearsqlhe first of the installments to be payable on or before the first Monday in Januaryq 1959 and shall bear interest at-the rate of 6% percent 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 319 1958., 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 mayg at any time prior to certification of the assessment to the county auditorg pay the whole of the assessment on such propertyg with interest accrued to the date-of paymentg to the Village Treasurerp 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 amy time thereafter, pay to the County Treasurer the entire,,. amount of the assessment remaining unpaidg with interest accrued to 'December 31 of the year in which such payment is made* 4• The clerk shall forthwith transmit a certified duplicate of this assessment 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 tameso Ayes all The Village Engineer reported on the plans and specifications for the ' proposed purchase of a,roller. Berger movedp Luebben seconded that the Engineer prepare: advertisements- for bids to be opened at 7330 P.M. on July 17, 1958* Ayes all Ljungren reported on the proposed location of Trunk Highway Na. 94 from --theJunction of TH No* 61 to the Junction of TH No. 12. It was agreed that-be Village'i . should request an over-pass., to be constructed at the junction of this highway-, with Carver kve.v in order to properly serve the S.E. corner of t1m "Tillage with necessary --police, fire and road service. The Clerk was instructed to send a, letter to the district engineers Mr. E. J. McCubrey$ with the information provided by the engineer. Ljungren reported on his investigation of the property behind the Gladstone School where the topsoil has been removed. He reported that, as a;.re.sult of the removal of topsoil there has been a conditions created whereby the blowing sand cause6� considerable nuisance in the area.. The matter was referred to Memmerp Village*_,., Attorney2 for appropriate legal actionito correct the situation. A,proposed report on the location of Highway No, 12 was discussed based on a-letter prepared by Mungreng Village. Engineer. It was decided to give the proposed letter some additional study and to again consider the report at the July Zs 1958 meeting. The Clerk read a petition for the vacation of the alleys in Lots 1 and 20 Block 28, and lots 1 and 20 Block 219 Smith and Taylor's Addition to North St# Paul. Mayor Luebben set the hearing on this proposed vacation for 9.,-00 P.M..on July l7s 1958. The Clerk was instructed to post and publish proper notices.. Meeting adjourned at 12350 A,,.M. Forrest R. Schmid Village Clerk June 23, 1958 A special..meeting.of the Maplewood Village Council was called to order by Mayor Lue'bben at 500 P.,M, Other members of the Council present weres O'Mara, Rupp, Berger and Schmid; Absents None. Following a.report byTrustee Rupp and lengthy discussion on the bingo permit approved for the Lawrence Kaiser.VFW at the Boulevard bite Club, recently renamed the Maple Hall, Rupp moved, OgMara seconded that the following resolution be adopteds RESOLVED, That the VFW be promptly notified that the.Bingo Game being operated at 1740 Rice Street be terminated after Tuesday, June 24'. 1958. Further that the VFW be notified that any operation after that date will.:. be governed by Ordinance No. 64- and in order to qualify under Ordinance No. 64 an application must be made to the Village Clerk and must be acted upon by the Council before any further games can be conducted. Failure on the part of any organization to have a permit issued by the Council after June 25th will make all persons operating bingo guilty of a misdemeanor. Ayes - all Rupp moved that Londin, Building Inspector, be instructed to inspect -the-Boulevard Ni-te Club, 1740 Rice Street, and the Scandinavian Club,, 1682'Rice Street, to de. termine the condition of the structures for public use and authorized to call-in the services of a consulting engineer. Berger seconded. Ayes - all-.. OlMara moved, Rupp seconded the permit for a four car garage for the Presentation Rectory be approved. Meeting adjourned at 6330 P.M. July 2, 1958 Ayes - al I Forrest R. Schmid Village Clerk The regular semi-monthly meeting of the Maplewood Village Council was called to order at 7810 P-M, by Mayor Luebben, Other members of-the Council present were: O'Mara, Rupp and Berger; Absentg Schmid, Berger moved, Rupp seconded that the minutes of the June 19, 1958 meeting be approved as submitted, Ayes - all Oharl es Laschinger, 1422 E. , Sandhurst., Drive, appeared before the Cormci3__and..:.stated..... _ that-M he....had..started....building. a ..gar;kgp, ,on his property only 5 or 6 ..feet..from the.. street ......p0perty line on a corner lot. The Building Inspector ....explained..that.....0 r!s aohtractor had .applied for his license and permit on the same day .that -the...foundation . and..blo.ck work on the garage had been started. His permit application-specified a. screened.poroh on top of the garage. The Building Inspector felt that...beaause.the bn3.lt into a bank, it is not obstructing the corner v3.sion . ,y-mere.. than.... the.. bank .itself. However, he questioned the advisability of building, a parch . on . the top-because of further obstructing the view. The matter was referred to Mr. Londin for further investigation with the right to make a decision as to what should be done in., this .case. . Jack.Lansdall, 1451 E. County Road "B ", asked the Council when the people. living...... plbng.,,County Road "B" could expect relief from the dust caused by'the'sanitary sewer �nstallation. He was assured.by.Trustee Berger that arrangements had beet made with the County to oil County Road "B" tomorrow, Lansdall and his group also asked that the speed limit be ehaiWeo from 40 to. C miles an hour along County Road B. He was assured that the Village would contact the State and County and ask them to make a: study of the speed: -limit in this area to determine if it should be lowered. This same group also reported excess dirt left on the boulevards by the sewer con. tractor. Trustee O'Mara stated that he would have the Sanitary sewer Engineer pheek on this situation* The resident,of 1430 County Road ''B" stated that his service connection stake had "en moved about 10 feet by the sewer installer when,the'service connection was in. atalled.'-.Mr. Londin was instructed to look into this matter -$liner Osell, 1210 Ryan, appeared with a group of residents from the• Ryan Street. area to ask why this particular area has been torn up so long for the installation. of,sanitary sewer. O'Mara explained that it was because of the nature -of the soil, depth of 'the sewer and also the coordination between the sewer installer and the oats company* He also explained that a representative from Lametti & sons would be ,resent at 8 P.M. to answer any further questions the group might have. William Vern Starkey; Route 4, St. Croix Beach, Stillwater, Minnesota, applied..for.. .a 3.2 non. - intoxicating malt liquor license for Man Mountain Deans Tivern.at.339 Century, Ave. The.Police and Fire Department!,s report was read which stated.tho. idil.o ng exceptions Exit blocked on north and south sides of buildingi no fire ex ingu Sher: near grill and they recommended sending the electrical inspector.ou there. They'also noted-that they.had sent the State Fire Marshall there. The Police check had been made assuming dames Dead would be the proprietor. The polico. were instructed.to make their routine check on the new applicant. The Health Do.. payrtment reported the cesspool situation had been corrected. Berger moved, Rupp .- seconded that the license be granted„ Ayes .. all Willie Treuter,, 2708 Fremont, ,stated that the Maplewood Police had stopped his.son from driving a chug,on the street. The chug is a homemade vehicle with no license . and his son is too young for a driver's license. He was told that the police-were on3y enforcing the law by doing this. He then asked for a ".Show Children Playing" sign on Fremont and was told one would be installed as soon'sas the sewer project is completed* Pursuant to due call and published and posted notice thereof,, the hearing.....for this date for .the vacation of All that part of Kenwood Lane lying. East of a line..210 .feet West..of.the.center line of Arcade Street was called to order by Mayor Luebben... Trustee O'Mara pointed out that even though this portion of.Kenwood Lane might not be.feasible for future street constructiono it might be necessary. some.day..to install. safhitary.sewer through this street easements The matter was referred to the Sanitary Sewer Engineer and Street Engineer for further study and recommendation. The hearing was.continued until August 7,, 1958 at 8800 P.M.. Mr6*Betley from the Lametti & Sons Co. arrived and answered several questions with regard to the sewer installation in the Ryan Street area„ Dick Vogel, Attorney for H, and Val J. Rothschilds and Tom Silvis, asked for special permission to build a house on a lot they own which has a platted .alley.- through the middle. They have presented a petition, paid the fee and a hearing is set to vacate this alley on July 17, 1958. As they own all the abutting and..surround ing property, the building inspector was instructed to issue a building permit on this property which has the following legal. descriptions All that part of Lots.l and 2 and of vacated alley in Block 21,, Smith and Taylor's Addition to North St, Paul lying Northwest of the eenter line of Prosperity Ave. and lying Southwest of a.line - described as followss Beginning at a point on the North line of said Lot 1 distant 190 feet East of the NW corner thereof- thence running South (parallel to the West line of said Lot 1),, 55 feet; thence S. 47050' E,.to an intersection with said center lime ;.and lying.Easterly of a line described as followss Beginning..at a point on , said North line distant 150 feet East of said NW corner ;. thence running—South. (parallel to said West line) to the center line of -said vacated alley; thence S.-,390201"E. to an intersection with said center line of Prosperity Ave.; subject to Prosperity Ave. A petition was presented by Mr. Vogel for the improvement of the following streets by; installing gravel base,, grading, bituminous surfacing and sanitary sewer installa.► tion: Sandhurst (First Ave.) from Flandrau to Prosperity ,. Laurie Road (Second Ave.) from Flandrau to Prosperity Lark Ave. (Third Ave,) from Flandrau to White Bear Ave, Cope-Ave. (Fourth Ave.) from Flandrau'to White Bear Ave. The Engineer's report was read in which he noted that the petition did'not include. Flandrau St. from County Road "B" to Sandhurst, Flandrau Street from Lark Ave, to Cope Avei,-and White Bear Ave. from Prosperity Road to Cope Ave, The Engineer-felt that because these streets border this project that some arrangement should be made by the developer for their construction and he included them in his estimate which is as follows3 Grading . Gravel Base Construction Bituminous surfacing & curb Boulevard sodding Total 10% Eng., legal, etc, Total $ 6,340,00 7,220.00 14,400.00 400.00 3106040 1 6,o0 $3 o 9 .00 He pointed out that Cope Ave, is only a I width street and.arrangements should..be made for obtaining a full width easement. Mr. Vogel was instructed that.his. next . step would be to provide the 10% Eng. legal,'overhead, etc, estimated for the street construction and also 10% Eng, legal, etc. as estimated for the sewer construction, which Ljungren was instructed to figure at this time. ,r Joseph Germann, President of the Ramsey County Agricultural Associationg 1776 Hudson Roadg--applied for a permit for the Ramsey County Fairg as required-iiAd6r the provisions of Ordinanee #62* Luebben movedp Rupp seconded that the permit be grantedo Ayes - all James Salwasserg 1653 Frost Ave op Asked if he would beasso,seed t.or-a. po3ftoliof aonstraote&q - � He - ;W �Kennard Street north of Frost Ave*' if -the street were. &s.-tell he would probably be asse.seed a 20% side lot assessment which would .amount .te approximately-:4200P 00 4 This was agreeable, with. hinto the. 1111age.. Engineer now presented the estimated sewer installation oosts-1-or the.. 4ousing.development proposed by ,R0 and Val J9. Rotheohilds and the Silvie-Von- struotion Co4 in..-Smith 1 Taylor's Addition to North. St*Pa;ul:* They are as follows w. Total cost of sanitary sewer 10%.-Rag•'.0 Legalt Overhead,, Xto. Total 42144501000 'Thiat added to 10% of the street construction estimate (1%136*00). bringe,:,lbo. total -.Engiv, legalp overhead, eto,* to;$5086.600 which the devel will ha*e. OP to.deposit with the,Village before farther engineering can be donG James .Alexanderv,2225 No .Hazels ..stated that. the installation of sanitary,-s&ver- had disturbed the natural,drainage in his , area .and that the water from the Varr-oanding ,area . drains int.o his yard.• The matter wtas-referr®d to, tha,-st-reet engineer for investigation along .with the sanitary sewer .engineer to correct the-situationo ..Xo. Yo Tauerq .58 3. Marylandp asked about the lots on .Englis.h.o He, bad- req-liesteiL at the - last regular Council mewting to split a 140 foot lot and. make e.--two. 70 foot lots • The matter had been referred to the building inspector for investi&tIon and report• - The building inspector recommended parmisaion be denied.,* Tba- Counoil aecepted tbs building inspectorl.s report, and denied permission to split. this lot* lawrence,Sokwartzbauery Commander of the M, Lawrence Kaiser ?oot.#6901,9 appear-*&.- . with regard to the bingo at the Boulevard Nita Club# 1740,Rice Street* Th&-!. post is .again reVesting a bingo. permit but fo only 3 nights &,,,Veek rather t .90 1 r live nights as they had, reVested pre►iously*. .011mara introduced an amendment to the present Bingo Ordinanoe,04. Which .would limit l . Play to two {2) nights per week for anypne,organisation and to-two -(2) nights: week at auy one 3ooation with a.., special. temporary permit avail. ,la.�-le to,,aayy ors .ganizati.on for play of up to five (5) nights in a loo&tion -during.- .one ,week -a year* He than moved its adoption& 0RDINANCE,1NOo 65 AN OOMNOR AXWD33G ORDINANCE No* 64 WTITLID .'%AN ORDINANCE REGULLTING THE GAME OF BINGOO AS PR0V1-DED,IN_Mn4M!4.3WVTES ANNOTATED 614055-40. Berger seconded.. Aye a - all Rapp moved that the VFW be given a special 90 da; permit under Ordinance Noa64 as mended tonight Berger .seoonded6 ,fires m all The 7W was informed that this building at 1740 ,Rice .Street is to be given a routine inspection by the building inspector and engineems and should it be found not sound enough .to accomodate a large number of people the permit would be recindedo A letter was read from Edward Kishelq Sanitary Sewer ngineerq in which he re-* commended the Northwestern Bell Telephone Co. change some of their plans ..for buried gable on County ,Road '°B!' from Aries. Strewt to Prosperity Ave.* and on Prosperity from County :Road !0B" to Frost Ave. Two other letters were read from Mr. Kishel with regard to Northern. States Power gas installations... The first recommended that pe mission be given this company to install a 3" medium pressure gas main on Manton between Copley and Frosto The second letter recommended that permission be denied the Gas Department to instill a District Regulator at Highway 100 anal Conway Live. .Rupp movedq Berger seconded that copies of the foregoing letters be sent :to the companies concerned with a .letter stating that the Council concurred with the Engineers recommendations. Aye 4 all I letter was read from the Sanitary Sewer Engineer stating that the sewer install& tions had been completed and inspected and are now ready for acceptance on Larpenteur ive* between, White Bear .Aye. and Ruth 'Strecto He recommended that the, Village accept this portion of. the sanitary sewer and that. the County be instructed to begin street reconstruction work in this area... 0 °Mara, movedq ,Berger seconded that the Pillage accept this portion of the sewero w Ayes all 1 letter was read. from the Minnesota department of Health approving the extension of the sanitary- -sewer on Barclayq Ripleyq Phalen Place q :Walter Street, ;Skillman Sophia and _`most. .Berger moved that the County be authorized to proceed with the-repair of harpon#eur ;eve o from Why, to Bear to Ruth aoewding to the agreement made. with theme 114abben seconded. Ayes - all Berger introduced the following.resolution and moved its-adoptions 58 -7-40 RESOLVED That the Mayor be and is' hereby authorized and directed to execute a permit agreement between. the Village of Maplewood and the Wisconsin Central Railroad .Co. (:Soo Line) authorizing the Village to ran, sewer lines under the Railroad Right -of -way at various points within the Village. OIY.ara seconded.. ,dye 8 - all Memmer, Village-Attorney9 reported that he had contacted the Great Lakes Pipe Line co* and had received a call from them in which they stated they AllIhave an en"er here to consult'-with the 'sanitary sewer engineew and street engineer with regard to the pipe line easements Luebben presented the.fcling resolution and moved its adoptions 38-7-41 RESOLVED That the Attorney be instructed to proceed to obtain the necessary permits from ,the State Highway .Department to construct a sewer along that portion Qf Barclay Street between Viking Drive and Gervais.Ave* Rupp seconded* ..Ayes a all The -Bleetrical Inspector reported on the condition of the wiring at the Frost feat. ,Market .that ,be :had been. asked to investigate. He pointed out everything,... that .should- -,,be--den9 immediately .for° the-safety of the public. Luebben moved, Berger seeonded->that the matter be .referred again to ,the Electrical. Inspector to age that.-this is, taken .- as re of properly 9 and that the. -Off-Sale Been - Lic ense -, . be issued end. -allowed to be in force as long ,as Miehael McCarthy obapliesa with the inspector's recommendations. .,Ayes - all Mrs* Peterson asked what she should.do with the trailer owners whose 90 day permits had expired and the Council had stipulated no renewal. She was told to use, her discretion with regard to theme Mrs.*.l'eterson also reported on a complaint concerning Leo ,Reid, 1959 Renwood Drive9i ,which started that he has been parking his contracting equipment on his property which is z:on .ed Rmlo The matter was referred to the Building Inspector. .Mrs* Peterson also reported that Wakefield Lake had been olosed ,for a, few days to give the county an opportunity to clean it hp. Mrs.. Peterson also asked what to do with the people who wanted their well water tested. -She was told to fLnd out the cost of testing the water and report at the next meeting. -.A; letter9 which had been written to . the stealth Department by .An ,A* Renberg9 was .read., It stated that a resident at 2103-MeMenemy had been refused an:F,HA loan because of ..the ..danger of individual sewage system failures. The letter stated that. this danger is evident from the number of cesspools being pumped in the immediate as -ea and the fact that sewage seeps into the streets during met seasons# U..evidence,eould be .produced that this is not true the case could be. re- opened„ The .Health Depaartment was instructed to investigate the situation. O'Mara moved that the sewer installers be informed that whenever the coating on Northern.8tates Power c®o pipes are damaged, the matter must be reported to Northern .States Power Co. Luebben seconded. Ayes w all Q °Mara also reported on a meeting with Mrs Stadler, representative from the city of ::Ste Paul in charge of suburban severs.. They discussed the 'facts that would beet to be- reported to the City of St. Paul quarterly. One of the most important items needed is maps to keep track of sewer connections. O HAka introduced` the following resolution and moved its adoptions 38 ° i - 42 RESOLVED That Bettenbnrg9 Townsend, Stolte and Comb be authorized to obtain the proper tracings of the maps within the sewer area to comply with the .Std ,Paul . requirements. Berger seconded. Ayes a all Berger introduced the following resolution and moved its adoptions 38 -7 °43 ,RESOLVED That the Clerk be authorized to read into the minutes of the of the Highway..Department Hearing the letter outlining the position of the .Couacii., of the Village of Maplewood and the Planning .Commission on the matter of the position of the new interstate .route #392. These ..findings specifically reo ommend that existing Trunk Highway #12 be utilised rather than any alternate proposals. Luebben seconded. . Aye s - all The 'Pillage :weer reported on the proposed sewer connection on the back half of .a, lot located .on." the :,811 corner, of Frost and Kennard. He stated that if the owner *anted to mainta' axi : bpe� ditch he could see no objection to allowing a sewer connection. The' ` uild3ng° ins ator was instruoted to inform the own ®r that he Gould obtain permission. to oonneot to Village Sewer but the necessary cost and arrangements to got to the sewer mains would be his problems . i+ is tgrenA Village giber$ reported. that Bob ,Evans of the Evans_. Constr�r::+�tion Co-* � had oontaoted him`'wAth'.regard to the :finishing of the streets.- in City Heights Additions ,The 'tter' bras then brought up that Evans still owes the Village money for previome street 'construcstion in this are*.* It was suggested that the Attorney and'.- Angineer -write a letter to the .:VA Administration to find out if the escrow money could be transferred from the VA to the Village for the remainder of the ..street oonstructione The Building Inspector was instracted to oheak with the office Monday morning-.and if the money .Buns owes the Village. not been paid, he is to r®d tag the whole project. A petition,presented by Andrew Shuster and Joseph Lissen, was read asking for the improvement-of Zwwwd it. between South Rosewood and Frost Ave. on an assessment basis. Berger introduced the following resolution and moved its adoptions 3847 -44 BE IT RESOLVED BY THE VILLAAE COUNCIL OF MAFLEWOOD, MINNESOTA$ 10 A certain petition requesting the improvement of Kennard Street between the forth line of .Frost Ave, and the South line of 'South ;Rosewood Ave. by grading, gravel base rind bituminous surf ao ing9 filed with ' the C oAnc i l on July 2, 1938, is hereby declared to be signed by the , required percentage of owners of "preperty.affeoted thereby. This declaration is made in conformity to Minn. Statse,.Sec. 429.033. The petition is bareby referred to Milner W. Carley and Associates and they are instructed to report to *a Council with all convenient speed ad- ..vising 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-- soffit other improvement and the estimated cost of the improvement as req - commended Rmpp) seoondedo ,Ayes - all A letter vas_ .then Tead ftom the Engineer which stated that the proposed improvement on Kennard Street is feasible and giviAg_ cost estimates as _followss Grading 419713.00 Gravel base construction 19970000 Bituminous surfacing and curbing 3 9.680.00 Boulevard sodding 1.250000 Total. 8061546 Plus 10 moo, legal, overhead9eto. ..862 400 Total $99477o00 Berger introduced the following .resolution and moved its adoption$ 58 -7-4.5 WRAS, pursuant to resolution No. 38 A 7 ° 44 of the Council adopted July 29 19509 a report has been prepared by Milner W• Carley do Associates with reference to the improvement of .Kennard Street between the north line of Frost Ago a i :they ,mouth 11me- - -of South Rosewood Ave. by grading, gravel base -and bituminous- surfacing, and this report was received by the Council .on July 29 19589 NOW THEWORE9 BE IT RESOLVED BY THE VILLAGJ9 COUNCIL OF MLPLETOOD 9 MINN. a 10 The Council will emsider the improvement of such abreet in ace- ordance :with,the report and the assessment of abutting property for all or a portion of , the cost -of -the, improvement pursuant, to Minn. Stats.., .Seas. 429411, to 4294111 (Laws 19339 Cho 3989 as amended) at an estimated total oost of the improvement ; of $9947740. 2. A public hearing shall be held on such proposed improvement on the 7th day of August, 1938 in the Council chambers of the Village Hal at 8830 P,M, 9 and the clerk shall give published notice of such hearing and improvement as required by law. Luebben seconded. Aye s all Berger moved that the Engineer be authorized to draw up plans and specifications for the City Heights project (Robert Evans, developer) and advertise for bids. Rupp seconded,*. Ayes m all Berger moved that the Engineer be authorized to proceed with plans and specifications for Crestmoor Addition (John Klune9 developer). Rupp seconded. Aye a - all A note"vas read from Stanley W. Beyer, 14772- Viking.Drive, arcing about the plans for a storm sewer in the North Glen area,. The matter was referred to the Engineer. Ijungren, Village ]engineer, reported on a request he had received from Gerald Killian, 2200 White Bear Ave.9 to install a 24" culvert and 2 man holes, at his: -own expense9 . ,in the large drainage ditch running through his propertyo Re- stated= that he *ould_._ .. sign an agreement with the Village that he will pay an assessment for the storm sewer when it is installed in the area. Luebben moved, Rupp seconded that the- matter -be referred to lhe Attorney and Engineer to work out the necessary agreements and specif �cations. ,Ayes - all The Engineer reported on Scotland.Road which is located adjacent to the dump. The owners had i- equested that 'a temporary road be installed to enable them to fill in J 8cotiand Road in their dump:,ng procedure. The Engineer's recommendation was that {; no road be built on this fill as it is not substantial for road construction. He felt that e"i#h sill weld have to be used under the proposed street. The Engineer was instructed to talk to the Forest Lawn Cemetary association with regard to this and inform them that this work-..waald have to be done on an assessment basis. :Rupp i.ntroduoed the .following resolution and moved its adoptions. 58 -7 -46 RESOLV09 THAT the Treasurer be and is hereby authorized and instructed to , barrow, $209 000.00 for a period of 90 (ninety) days from the First .State Banki,of St. Paul and that the Mayor and the Treasurer be authorized to 9"oute the necessary instruments. Berger seconded.. :aye s - , all Rupp moved, Luebben seconded that the Clerk be authorized to purchase the necoseex -y- off ice equipment for the Village ]engineer and the Police Department and that extension telephones be run from the present office telephone. Ayes_. Mayor Luebben set the alley vacation hearing for the alley between Clarence and- Ida in Lots 1 through 309 Block 139 Gladstone for 7330 P.M. august 79 1958.and the Clerk was instructed to post and publish proper notices. Rupp moved, Berger seconded the application from St. Jeromeb Church for a Bingo permit be app =roved. Ayes - all O'Mara moved, Luebben seconded that Donald V. Gulden be given a Bingo permit for Club Suburban. Aye s - all O'Mara moved, Berger seconded that the application fora sign permit to place a sign on the corner of White Bear Ave* and Highway #36 directing the public to Shuster's !Dalton Park addition be approved, Aye 8 - all Meeting adjourned at 1845 AoMo Dorothy M. KeJ4 .Deputy Clerk July 17, 1958 The regular semi-monthly meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7:10 P.M. Other members of the Council present were: RUPP* Berger and Schmid; absent: O'Mara. Rupp moved tithe minutes of the Tune 23, 1958 special meeting be approved as sub- mitted. Luebben seconded. Ayes - all Rupp moved that the minutes of the July 2. 1958 regular meeting be accepted as submitted. Berger seconded. Ayes - all John McNulty, Civil Defense Director for the Village of Maplewood, requested that the Mayor sign a form notifying the State Director of his appointment as Director of Civil Defense. In' answer to his questions regarding funds to be made available for Civil Defense purposes, he was advised to prepare a budget for 1959• He ex- plained that he could buy, through Civil Defense, parkas at $2.00 each to be used by the Maplewood Civil Defense Unit. Berger moved that McNulty be authorized to buy 25 for Village Civil Defense use. Rupp seconded. Ayes - all John Ledo, 1,568 So. Point Douglas Road, had requested permission at the June 19th meeting to move several houses he had purchased from the Highway Department. This permission had been granted subject to the approval of the Building Inspector. When Mr. Ledo had asked for building permits at the Village Office, it was dis- covered. that he wanted to place these houses on property which is not yet serviced by approved streets. Mr. Ledo now asked permission to place these houses on the property temporarily, with no foundation, until a permanent solution can be worked out. He advised the Council that he must move them from the Highway Department property within the next week. The Council granted permiss-ion to move these houses to a temporary location and referred the matter to the Building Inspector and Engineer to help W. Ledo work out a permanent solution to his problem. Matt Sack, operator of the Boulevard Nit-e Club, 174.0 Rice Street, appeared to hear the Building Inspector-Is report on the Boulevard Nite Club building. The report, prepared by Mr. R. L. Pope of Bettenburg, Townsend, Stolte and Comb, was read by the Clerk. The report outlined the need for extensive repairs in order to safe- guard public health and. safety. Mr. Sack asked, if he made the repairs recommended by the report, would he be granted a beer license. He was informed. that when he had completed" the work and the inspectors had approved it, he could again apply for a beer license. Pursuant to the provision of an advertisement for bids for one new and unused 13 wheel rubber tired, tow type roller with 13 - 7:50 x 15 smooth tread pneumatic tires, ballast box and having a rolling width of approximately 84 inches, Mayor Luebben declared the meeting be in session for the purpose of opening bids. The bidders and amounts of their bids were as follows: Ruffridge-Johnson Equipment Co., Inc. $1,525-00 3024 - 4th St. SE. ® MP15- 14, William H. Ziegler Co., Inc. $1,560.00 2929'iUniversity Ave. - MPls. 149 George T. 'Ryan Co. $19930.00 171 - 27th Ave. SS - Mpls. Road Machinery & Supplies $1,64-0x0 4901 West 78th St. - Mpls All bids were accompanied by a certified check in the amounts approximately 107 of the bid price. The bids were referred. to the Village Engineer for tabulation and report. The Council requested that a recommendation be made before the end of this meeting, Trustee O'Mara arrived at this time.. Pursuant to due call and published and posted. notice thereof, the hearing set for 8 P.M. on this date to consider the making of an improvement on Frost Ave. from English to Ide Street by widening, curb construction and surfacing was called to order by Mayor Luebben, The area proposed to be partially assessed for the improve- ment is the property abutting on such street. The estimated cost of the improve, ment is $18,507-00, Trustee Berger explained that this is a project which comes under the Municipal State Aid. Road System and a portion of the cost of the improve- ment is to be paid from state funds, Ljungren, Village Bngineer, explained the cost of the project and the breakdown proposed for the assessment. A number of questions were asked by the property owners along Frost Ave, After these questions were answered to the satisfaction of these property owners, Mayor Luebben called for any additional comments or objections from the group. Hearing none, Berger moved, Luebben seconded the adoption of the following resolution: 58-7_47 WHEREAS, resolution No- 58 - 6 - 33 of the Village Council adopted the 5th day of Tune, 1958, fixed a date for a Council hearing on the proposed improve- ment of Frost Avenue from English Street to Ide Street by widening, curb construction and surfacing. AND b1HEHEAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 17th day of July, 1958, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE BE IT RESOLVED BY THE p oUNO I Z pp THE VILLAGE, OF MA.PI..�WP OD : 10 Such improvement is hereby ordered as PrPposed in the Council olution 5r 1958 no. 58 - 6 - 33 adopted June �� 2. Milner W. Carley and Associates pro 4ere' y designated as the ej; #neers for this improvement. They shall prepare plAna and specificatione for toe making of such improvement. Mrs. A. R, Wade, 521 Ferndale Street, and �r%114 ;gPolo, 50.5 Ferndale St regt, explained that they had been informed that their ho}neia q044 Aot be served by san except from the first floor level. ary sewer It waF 0x�?� A04 to them that there Wore a few homes in the Village where this is true. Toe CPO would be excessive to lower the sewer line .in the street enough to enable these homes to connect their s were told that they could either use their mxisting sanitary systems toy srment a They basement or install a sum �� the p Pump to Pump the base nt water up to the sa;,� ary sewer lane. They were advised that the sanitary +Pewee on�ineer would confer Wither with them. f Leonard Knutson, 1888 Birmingham.-asked if'..it V0144 be possible to oil �.�minghem St. to help keep th.e dust settled. He . explained 044 there is considerable in- eluding bus service on this street due to othmr otpoets being closed fo g �� �he of .sanitary sewers. The Council recognized that P�ri4ingham was carryin heavy traffic load. and advised Mr. Knutson that arrangepo4ta WggJ be made t'o oil. as- boo � on as possible. Pursuant to due call and .posted and publiphad Aptige thereof, the heari set for one this date to consider a ng 9 P•M* petition for the vacation of the Streets and Alleys in Lots 1 and 2. Block 28, and the Alleys in Lots l and 20 Plock 21, Smith and Taylor's Add, to North St. Paul, Lots 1 and 2, Block 5, Smith and Taylor's Add. to North St. Paul and Lots 1-and 29 Block 12, Smith and Taylor's .Adds to North St. Paul, except the art conveyed to Lloyd A. Urban and recorded ip Boob i of Deeds at p open by Mayor Luebben. Mayor Luebben asked if there were an objections l"�i was declared of these streets and allays. y to the vacation y Hearing none t OIPJAra moved, Berger seconde4 that the following resolution be adopted: 58 w 7 48 WHEREAS, The owners of more than 50% of the property abutting on toe streets and alleys in Lots l and 2, Block 28, and the ,alleys in Lots 1 and 2 Block 21 Lots 1 and 29 Block 5, .Lots 1 and 2, a�,ogk 1 Smith and Taylor's f • North St. Paul, except that � � y ��� ition to part conveyed. tq Lloyd A. Urban and r ecorded in Book 1491 of Deeds at page 171, having filed A petition for the vacation of said streets and alleys, and Tai. FW i The hearing on said petition was preceded by two weeks pupl shed and posted notice, and WHEREAS, no one has appeared in oppoottion to Paid petition, and WHMVAS, it appears for the best interest of the public that said 4�reets and alleys be vacated, NOW, THEREFORE, BE IT RESOLVED. By the Village Council of Maplewood , Minnesota that the streets and alleys in Lots 1 and 2. Block 28 and the alleys in Lots 1 and 2, Block 21, Lots 1 and 2. Block 5, Lots 1 and 2. Block 12, Smith and Taylor's Addition to North St. Paul, except part conveyed to Lloyd A. Urban and recorded in Book 1191 of Deeds at page 171, be and the same are hereby vacated. Ayes - all Trustee O'Mara then asked to be excused from the meeting in order to return to his regular employment where he was involved in a special project. Patrick Cocchiarella, 1605 E. Demont Ave., requested he be granted an additional trailer parking permit for 90 days. The previous trailer permit approved April 3, 1958 was approved for 90 days with no right of renewal. Berger moved, Schmid seconded that a 90 day extension be given with the understanding that other arrangements be made before the end of this period. Ayes - all Swen Anderson and Linnea Lindell appeared with regard to certain Village Insurance policies. They explained that the policies were soon subject to renewal and were present to advise the Council of this fact and to answer any questions which might arise. The three policies involved are the public liability, with limit's of $100,000 and $300,000, the second year renewal of a three year workmen °s compensation policy and the automobile insurance which provides a comprehensive coverage on all trucks and. other village owned cars and also protects the Village with respect to cars owned and used by Village Employees. Rupp moved, Berger seconded that the policies be accepted. Ayes - all Henry Collyard , 1185 Viking Drive, appeared with regard to the sewer in the easement in the North Glen Addition. He was asked to await the arrival of the Sanitary Sewer Engineer. Dennis Larson, 501 Farrell, pointed out that he and a neighbor across the street each owned 120 foot lots at the end. of the street„ They felt it would not be necessary to continue the sanitary sewer beyond their connection point. This, it was explained, ,was a matter that would have to be determined by the Engineer. They also.asked how much they would be assessed. for this property for the installation of.sanitary sewers ". It was explained that the assessment would. be on the basis of benefit which would be decided at the assessment hearing. Dick Vogel, representing Modern Homes, presented a revised petition for improvement on the property described as Lots 1 and 2, Block 28 and Lots 1 and 2, Block 21, Smith and Taylor's Addition to North St. Paul and Lots 1 and. 2. Block 5, Smith and Taylor's Addition to North St. Paul and Lots 1 and 2, Block 12, Smith and Taylor's Addition to North St. Paul except that part conveyed to Lloyd A. Urban and recorded in Book 1491 page 171. The petition requested the improvement of Lark Ave. formerly Third Ave., between the center line of Flandrau Street and White Bear Ave. and Laurie Road formerly Second Ave., between the Center line of Flandrau Ave. and Prosperity Road and Sandhurst, formerly First Ave., from the center line of Flandrau to Prosperity Road by grading, gravel base construction, bituminous surfacing and sanitary sewer installation. Berger moved, Rupp seconded the adoption of the following resolution: F.. 58-°7m10 BE IT RESOLV9D BY THE VILLAGE, COUNCIL OF MAPLEWOOD9 MINNESOTA: 1. A certain petition requesting the improvement of Sandhurst (First Ave.) from Flandrau St. to Prosperity Road, Laurie Road (Second Ave.) from Flandrau to Prosperity Road and Lark Ave. (Third Ave.) from Flandrau to White Bear Ave. by grading, gravel base construction, bituminous surfacing, boulevard sodding and sanitary sever installation, filed with the Council on July 17, 1958, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration, is made in conformity to Minn. Stats.,, See. 429.0350 2. The petition 1s hereby referred, to .Milner W. Carley and Associates 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 improvement is feasible and as to whether it should best be made as proposed or in connection- with .wine other improvement and the estimated cost of the improvement as recommended... Ayes - all Ljungren, Village Engineer, explained that while preparing the estimate of'cost, he discovered the original petition to be incorrect and so advised the developer. The revised petition was prepared as a result of this contact. The Village Engineers' report was then read. The preliminary estimates of cost for the petitioned improve- ments were as follows: Grading $ 2,496-70 Gravel Base Construction .2,885 -.15 Bituminous Surfacing 5 o5 19 - 94 Boulevard. Sodding oo Total $1,29 .79 10% eng., legal, overhead, etc. 1,247.6 Total $ 13 o 724.. )16 Sanitary Sever assessment estimates are as follows,-, 2240 ft. assessable frontage @$ 6.00 per foot $139440-00 23 service connections @$67-50 19552.,50 Total. 149992.50 107. eng., legal, cont., etc. 19499-25 Total $169491-75 He also stated that the project was feasible. The Council decided that the sanitary sewer installation could best be handled as an addition to present Project No. 1 and agreed to include it in the construction plans. Luebben moved, Berger seconded the adoption of the following resolution: 58 7 - 50 WHEREAS, pursuant to resolution no, 58 - 7 - 49 of the Council adopted July 179 1958, a report has been prepared by Milner W. Carley and Associates with reference to the improvement of Sandhurst (First Ave.) from Flandrau St. to Prosperity Road, Laurie Road (Second Ave.) from Flandrau to Prosperity Road and. Lark Ave. (Third Ave.) from Flandrau to White Bear Ave. by grading, gravel base construction, bituminous surfacing and boulevard. sodding, and this report was received by the Council on July 17,, 1958 t 14OW THEREFORE, BE IT RTSOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: The Council will consider the improvement of such street in accordance with the report of the Village Engineer as revised by the Council and the cost of the improvement is to be paid pursuant to Sec. 1-7, Subd. A of Ordinance #53 at an estimated total cost of the improvement of $13,724,46. Ayes - all Wo Yogel presented a check for 10P0 of the engineer's estimated cost for the Street improvement as required under Ordinance No..53. Schmid moved, Berger seconded that the sanitary sewer installation be included in Project No. 1 and referred to the. sanitary sewer engineer for the preparation of plans and specifi. cations* Ayes - all Mr. Collyard was returned to the floor with the arrival of Kishel, Sanitary Sewer Engineer. He was informed that sanitary sewer would. be installed in the drainage easement in the Forth Glen Addition. Mr. Collyard then asked if the Council would consider the petition that had been presented some months ago to install storm sewer at the same time in the same easement. He was advised that it would be impractical to attempt both jobs at the same time but that it would be undertaken as soon as conditions warranted. Berger moved, Luebben seconded the adoption of the following resolution: 58 - 7 -51 BE IT MOCLVED BY THE' VILLAGE COUNCIL OF MAPLEWOOD, M MSOTA: 1. A certain petition requesting the improvement of the North Glen Add. between ' Lots 7 & 3 & Lots 13 &-149 Block 1 and Lots 7 & 8 & Lots 13 & 14. Block 29 by the installation of storm: sewer in the easement provided for drainage purposes, ..filed with the Council in Tune of 1957, ; is hereby declared to be signed by the required percentage of owners of property. affected thereby. This declaration is made in conformity, to Mnn, Stats., sec . - 429 *035. .2. The petition is hereby referred to Zlner W. ,Carley and dissociates and they are instructed to report to the Council with all convenient speed ..advising the Coune'il in a preliminary war as to whether the proposed im.. provement is feasible and is 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 engineer had prepared his report giving the total cost at $50230.00 ply 2D.00 which is 10% needed for engineering, leg�e1, overhead, etco bringing thep r, Atl preliminary construction' cost to $5,750.00. He stated that the pro- posed improvement is feasible. -Rupp mowed, Berger seconded, the adoption of the fallowing resolutions 58 -7 -52 WHEFCC, S o pursuant to resolution no. 58 - 7 - 51 of the Council adopted JTU1Y 17n 1958 a report has been prepared by FAlner W. Carley and Associates with reference to the improvemeAnt of the North Glen Addition between Lots -- � '� J& 8 & I.0ts` 13 �c ll�. 9 Block �. and Lots-. 7 7 8 &Lots. 8c Block 2 by the .i 1nstallat3on of storm sewer in the easement provided this report was received by the Council, on �°ulY 17o 1958 5 o8 that p�zrpc�se 9 and 9 . NOT THEREFORE, BE IT RESOLVED BY THE VILLAGE OF MAC MEWOOD, MrMESOTA,s 1r The Council will consider the improvement of such in accordance: report and. the assessment of benefitted rdance, with, the the st of the improvement property owners for all or a portion cif' p pursuant to Mn no Statsd, Secs, . _ , (Ls�ws 1:95'�?o Ch„ X29 011.: to � li�l X98 d as Amended) at an estimated total cost of the improvement Of $5,750.00. d�' public hearing shall be held on such proposed improvement of the 21st y °g v 195, . in the Council Chambers of the T'i�..a ®`Taa►,l at 8YC0 P�1�,,► aaad the Clerk shall give published notice of such hea -r n;g and z.mprr�v�r�es�t as required by lawn Ayans Charles Ea Schweau. 1 6 Belmont Line u stated that he had built a h0U3e_ 'apprcaxima.te 5 Years 'ago and that David Realty had promised to bu; ld 2 ho � � q had fled to do so. He was told that th.,.s was a uwe,s ad'join,ing him and private matter between himself d Mvid Realty and the Co %�nci.l could do nothing for hi.mo Hai Colosimo„ 2323 Case Ave o stated that he owwns: pro � p„r �, t y on Case Ave a atd r" land and is-interested interested in learning whether or not the san.i.ta sewer � b extended tGa 3nc1.�.e h• �y project could be is propertyo i G hel, Sanitary Sever Eng a "eer exp,l ai n6'd the history and problems involved in-this particular l�� . a engineering would be started in this area within 6 ureelrzs t�oal�,o explained' that is W, good probability tb.. t this work could be started, duri.n �xz��nthu� and. that there. season.. We. obliosimo g tht t,;ext construction Pointed out that certain property within the City adjoining him w©uid:: be able to be ,served by sanitary sewer r. He was told that this does ch ge the Village picture in as much as the Village must secure Permission from not City to connect to this sewer linen � perm3,ssion from the Joseph 1khalblo 2684 A1len.Street, spoke to. the,,Covncil briefly Plumbers Union regarding the Village Sanitar i Sanitary Sewer ©rdnance n behalf of fihea attend? the ` next regular Council mee3ng when Trustee O °Mara :wp�ald be He was asked to present„ &s..:P®terson„, Deputy Health Officer, explained that she had Bear A;re w on a health.. department check and had learned of d gone to 221 White to their el.ee�tric whin a si tuation I►dth regard g She suggested that the Electrical. Inspector make an inspection. The Council. instructed Christiansen, Electrioa -1 Ins ector, t - speet these: premises o P , o in Rup ;*Ove -l. that: the 2 Village squad, cars. � -Len Pe inns insures o as p car be authorized for 4 police ears and all other vehicles be ,requested to remove all p ©lice equipment, Berge it seconded, Ayes all The Clerk read the Electrical Inspectoros report on N�unt Dean's at 339 C ®nturST Lv ®, It recommended that considerable wiri.n.g � done soon afor the safety of the public. Rupp moved,, SchnAd seconded that Dean's Tavern be closed until the reports of the Fire Ivhrshall, Electrical Inspector and the Health Department had been satisfied. Ayes all Letter from Ws. He Kosoi, 1832 Portland Ave., St. Paul, was read. It stated that she had been stuck in a street in Ykplewood and had incurred towing and repair expenses on her car in the amount of $58,05, Berger moved, Luebben seconded that the matter be referred to the Village Attorney for .investigation and action, Ayes - all The Village Engineers report on the street improvements in City Heights Addition was read. The report estimated the total cost of grading,, gravel base correction,, bituminous surfacing, curbing and boulevard sodding to be $31,239,52, Adding 10% for engineering, legal and. miscellaneous expenses brings, the total to $349363947* A portion of the grading and gravel base construction had been completed previously. The report was accepted and the Clerk instructed to deliver a copy to the developer, Berger moved that the Engineer be authorized to advertise for bids for the bituminous surfacing, curb construction and other improvements required in the City Heights Addition, with bids to be opened at 9,,00 P.M. on Augl',St 79 1958. Luebben seconded,, Ayes ® all The Village Engineer presented his report on the roller bids and recommended twat the low bidder be awarded the contract, Berger moved, Rupp seconded that the contract for the roller be awarded. to the low bidder, Ruffridge-Job son Equipm ent Co, 9 at $1 *525,00, Ayes - all Ljungren, Village Engineer, reported on Lots 2 and 3 the City Heights Addition which the developer, Robert Evans, had recently filled.. These lots, by agreement with the Village, had been intended for a, drainage area, As a result of .this filling the water will now run over Jackson Street and the drainage will not be proper. The Clerk read aletter concerning these lots which was written by Donald Carley, Engineer, on June 49 1956, The letter stated that he recommended that lots 2 and 3 of Block 19 City Heights Addition be withdrawn from building until the drainage could be adequately cared for. Ljungren reported. that in his investigation of the situation, the pocket which had been receiving the water and had been filled. by Evans is necessary to contain the drainage from City Heights Addition area. Considerable damage will result if the drainage is allowed to cross the street. He was instructed to contact the developer in an attempt to correct the situation. The report of Re L, Pope of Bettenburg, Townsend, Stolte and Comb, Consulting Engineers, who were brought into the case by Londin, Building Inspector, as authorized by the Council on the Scandinavian Hite Club building at 1682 Rice Street was read, He recommended that the building be condemned as a public hazard as a result of the electrical, plumbing, fire and structural deficiences noted. Rupp, moved that condemnation proceedings be instituted against the building. Schmid seconded Ayes - all The Village Attorney was authorized to contact the owners before legal proceedings are undertaken. Londin, Building Inspector* reported on property located at 1699 Jessie owned by A, Brook, Mr, Bell, Attorney for the owners of the building which had since gone to the state for back taxes had informed Drh% Londin that they would like to discuss thi-s matter with lvlemmer,, Village Attorney. The matter was referred to Ivbmmer for further investigation and report to the Council. Londin brought up the matter of a 72 foot lot, owned by Kenneth Ridler, which he is requesting a service connection, W. Ridler has property adjoining which could be used to bring it up -to the minimum 75 foot frontage. Londin was instructed that he would be granted permission for a. connection if he would agree in writing to request no building permit until the lot met the minimum requirements of the code, Ljungren, Village Engineer, presented plans and specifications for Crestmoor Addition. His letter was read sett ' ing the estimated cost for the improvement of Bittersweet Lane from Edgehill Road to E,, Demont in Crestmoor Addition by grading and gravel base construction at $4,869,10 plus 10% for engineering, legal, advertising, and misc. expenses of $486.90 making a total estimate of $5,356o00, Berger moved, Rupp seconded that the Village Engineer's plans and specifications be approved. and that he be authorized to advertise for bids to be opened at 9:00 P.M, August 7, 1958 on Klune's Crestmoor Addition. Ayes all Berger moved, Rupp seconded the payment of Certificates No. 3 to Lametti and Son8 for Project No. 1, in the amount of $245,695,74, Certificate No. 3 to Robert W. Moore for Project No. 2 in the amount of $419775,65, .Certificate No- 3 to Robert W. More for Project No. 3 in the amount $112,467,54, and Certificate No. 2 to Barbarossa & Sons in the amount of $2,6,325,00'. Ayes - all Berger moved. Luebb-en seconded that the Attorney be authorized to investigate the purchase of#44 acres of property to the north of the present street department garage to be used as additional working area by the street department, Ayes - all Dbmmerg Village Attorney, read a settlement agreement between the Village and Suburban Properties, Inc. for street improvements to be. completed in Mnnehaha Highlands Addition. Berger moved the adoption of the following resolution: 58 - 7-53 RESOLVED, That the settlement in the amount of $14,500.00 as negiotiated by the Village Attorney is hereby accepted and the Mayor and Clerk are hereby authorized to execute said agreement, Schmid seconded. I Meeting adjourned at 1:15 L.M. Ayes - all Forrest R. Sebmid Clerk August 7, 1958 The regular semimonthly meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7s15 P,mo Other members of the Council present were: Rupp, Berger, O'Mara and Schmid; absents None. Luebben moved, Berger seconded that the minutes of the July 17, 1958 meeting be approved as submitted. Ayes -• all John McNulty, Civil Defense Direa.torf appeared before the Council along with Roy Aune from the State Office of Civil Defense. ..They spoke about the need for a single head for the fire services in the Village of Maplewood. The Council . explained ' that .Walter Rupp, as Commissioner of Public Safety, would act in the capacity of 000rdinator of the departments for Civil Defense purposes, Mr* Aune, a res'i'dent of the Village living at 647 E. County Road "B ", also requested a street light at,t he. corner of Payne Avenue and County Road "B ".n The matter was �. referred; tv th6-; Vi'�,lag+® Engineer for In It on and action., James T. Rughes, 2188 Hazelwood, and James P. Hughes from the same iddress. appeared' before . the Council to ask permission, for James Po Hughes to build a home that would front on Laurie Road (Second Ave..) which is not an,approved Village street but is" a dedicated street right -of -way. He presented a written agreement stating he would-. not regnest� the services of the Maplewood.Street Maintenance Department.on the acoess road to his home. Berger moved that the matter 'be referred. to the. Village Attorney permitting Sh for the ..,preparation, cx�' a proper, agreement ermittin Mrs James P, Hu es to ;obtain • .a building permit. on the-property described as follows.s The E 150 feet of the W'250 ft" of • Lot 1, Block 24, Smith `tad" Taylors Addition to North St. Paula The agreement is also to provide that no street maintenance will be required and that he will -not object to the assessment for the road at such time as the Village Council determines that it shall be constructed. Luebben seconded. Ayes. M all Pursuant . to due call and published and posted notice thereof# the hearing set for T #30 P.M.,.,-on this date -to consider the vacation of the alley in Block 139 Gladstone Addition- Ramsey County (Block bounded by Summer Ave. on the North! ,Ids -Street on the.Eastp Ripley on the South and Clarence Street on the West) was deolased open by Mayor Luebben. He asked if there was anyone present who had any objections to this alley vacation„ Hearing no objections, O'Mara moved, Berger seconded the adoption of the following resolutions 58 - 8 - 54 "WHSRFAS, The .owners of more than 500 of the property abutting on the alley in.Blook 15, Gladstone, Ramsey County, Minnesota having filed a petition for the.. vaoation of the alley, and SEAS, The hearing on said petition was preoeded by two weeks published and posted notice, and AAS, no one has appeared in opposition to said petition,, and WHE'REAS, it appears for the best interest of the public that said alley be v►aoated, NOW9 THEREFORE9 BE IT RESOLVED By the.; Village Council of Maplewoodq Minnesota that the alley in Block 139 Gladstone, Ramsey Countyq Minnesotaq be and the same is hereby vacated." Ayes - all Mr. G..Y* Rosenwald, 2670 E. Minnehaha Ave., requested information on how he could subdivide property he owns between Minnehaha and Margaret Street at Farrell Avenue. His own home is situated midway between Minnehaha and Margaret and he.proposes to retain it on a separate lot with a private drive from Minnehaha Ave. He was advised to prepare a preliminary proposed plat of the property and present it to the Council for consideration. Chet -,�q rezoning of the following descr#ed. , =jngqx presented a petition requesting the.rezonix prope,rtyk.:�. The �..* of the E12 of the SF&11- of the NW J, Section 99 Township 29., Rging-0 221f,'.-, qexpept.,-the Borth- :.24 ,rods and except the South 29004 feet of the Fast .240 feet.. .This,,'- property lies 500 feet North of the NW corner of the intersection of Highways No-.36,1.;-.I'-- and 61. Mr. Herringer stated that no definite plans had I been made for the ty'pd'Of commercial establishment, to be constructed there.. As Nrot -Herringer p;resented'an, abstraq1tor certificate and the $25,00 fee,. a hearing was set for 8, P.M. on Sept., 44 A,; 1958. The matter was referred to the Planning Commission for -study and reoommei;4,#.qxI.' and Mr. Herringer was advised to meet with the commission to explain his proposal. Mayor �laeblien then declared the meeting open for the ooptinuation.of the hearing r 4 origin4lly-,%set for the 2nd day of Julyq 1958, at 8800 P.M., concerning the :yacation. of ?1-j".,tha-,t, paxt of Kenwood Lane lying East of a line 210 feet West. of the Center line!. - of, Street. . The matter had been referred, to the Sanitary Sewer EnginAq.r and .,V $trekt,.,j.hgineer for investigatiofto Ljungren recommended that the Village reta4# -,-e,. e qp He -questioned whether. q#t,for possible future storm sewer 'A ist3Mqtv o3�.,stprm sewer would use the easement, but felt it would be wise to re: tain"14 r6be ,,. event, it would be needed.. 0 QMara pointed. out that it would be sometime before --i- ,tl yo-44 be known. whether or not that streetum.ld be needed ..for the sanitary felt it would be wise to retain the easement* The .Counoil, felt s.-that. an answer should be given on this matter.without waiting indefinitely. -Berger moved that the petition be denied with the right of the petitioner to re-open his request without fee in,the -event it was determined at a future date that the easement is not needed. Ayes- - all Mark Terr;r., '.1478 ,G.ervais9 spoke for a number of resident. of the North Glen Addition, wh9!,eaqq,oi4]2qr4ed...him, on the proposed, plans ,for the construction of a storm sewer, in that .;O,r.qa;.*,,., explained that tha-hearing on this improvement would _be held:. at the next meeting. They were also informed that installation would.be started as soon as it is determined by engineering tests that sufficient compaction has taken place to permit installation over the sanitary sewer. Pursuant v due: call and published and posted notice, thereof, the - hearing set to. Consim i th , e . improvement of-Kennard.Street from Frost Ave* to South Rosewood by 10, gradingg gravel bass and bituminous surfacingg for 8830 P.M. on this date.was called to order by Mayor Luebben, The property abutting this street is to be assessed for the:, improvement. The .total cost, of the improvement is estimated ,tobe $99477•00- Ljungren reported on the proposed work to be done and explained. that this project included some storm sewer work. The property owner on the NW corner of the inter- section of Kennard and Frost was present and discussed the drainage problem which had been created by the grading done in this area. There being no further discussion or objeoti p t -this projectvi Berger moved, Rupp seconded , _the, adopt A of the:. jf94. wing resolutions 58 - 8 - 55 WHRRFAS9 a resolution No- 58 - 7 - 45 of the Village Council adopted the 2nd day of July, 19589 fixed a date for a Council hearing on this proposed im- provement of Kennard Street between the north line of Frost Ave. and the south line of South Rosewood Ave. by grading, gravel base and bituminous surfacing, pursuant to a petition of affected property owners, AND WHEREAS, ten daysO published notice of the hearing through two weekly publications of .the required notice was given and the hearing was held there- on on the 7th day of August, 1958, at which all persons desiring to be heard were given an opportunity to be heard thereont NOW THE' MORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF XA.PLEWOOD: 1, Such improvement is hereby ordered as proposed in the Council resolution No- 58 - 7 - 45 adopted July 29 1958. 2. Milner W. Carley is hereby designated as the engineer for this improvement. He shall Prepare plans and specifications for the making of such improvement. Ayes - all In view of the drainage problems which exist in this area, the Village Engineer re- commended that the Council act to have the storm sewer portion of the work completed immediately. Luebben moved, Rapp seconded the adoption of the following resolutions, 58 - 8 - 56 "WMELS, pursuant to resolution No- 58 - 8 - 55 passed by the.Council on August 79 1958, the plans of the Village Engineer have been approved by the Council for the improvement of Kennard Street between the north line of .Frost Avenue and the south line of South Rosewood Avenue by grading, gravel bast . and storm sewer work, and, WHEREAS9 it has been deemed expedient to proceed with the storm sewer work immediately and, WHEREAS, the estimated cost of such improvement does not exceed $5,000-00, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF XAPLEWOODv MINNESOTA The Village Engineer shall proceed under the direction of the Councilq as given from time to timet to carry on all work in connection with the storm sewer portion of the improvement in accordance with the plans and specifications as approved, Ayes - all Lee, S.- Kyle, 2315 Carver Ave, and John Murray, 2331 Carver Ave., appeared to complain about an underground ditch which runs between their property lines. The ditch is. intended to drain ponds. to the rear of them but is apparently being used by residents of the area to dispose of their sanitary sewage.. They reported that the stench from this drainage ditch and the low area across Carver Ave. into which it drains is causing them considerable discomfort.- The matter was referred to the health depart- ment for investigation .and report. ..Ke11.erParkwayp stated that he had - previously ,omplaned �Aout .}�j�}1Yanio er a h q: g p He 'st,�ed 4 s .. .s .prbporty in wh3.ah li uor violations are Eakin IA he had reported it to the police and they had referred him to the Counc3a for t� ether notion. .O'Meara moved, Berger seconded thai the matter be referred to the Commissioner of Police for further investigation* Ayes a all Pursuant to the provision of an advertisement for bids on the Crestmoor project whioh ,oludes the grading and gravel stabilized base oonstruuotion of Bittersweet- Lane * from Idgehill.Road to .E.:Demont Ave., Mayor Luebben declared the meeting be in seesidn'for the purpose of opening the bids received. The bidders and amounts of the bids were as f of lows s Name Amount Bond David 0. GUlliford .$4,886.60 Bid bond 10% of bid Lake Elmo, Minn. T..Ae Sohifsky & S %ns $59 345.45 'Bid bond''$540 Re W. -t— W'..� „� .f._ , .. . , . °$4i+`145e0Q 5,. ,Did Bond oi''b3�t .. ty. 3825..Edgewood Ave. Mpls. J. P. Sina & Sons $7914340 Bid bond $715* 4041 .N:. Victoria Berger moved, Luebben seconded that the bid be referred to the Village Engineer for tabulation and report. Ayes - all Pursuant to the provisions of an advertisement for bids for the bituminous surfacing and bituminous curbing on Dion, Agate and Onaerest Curve in City Heights Addition! Mayor Luebben declared the meeting in session for the purpose of opening the. bids re- oeivede The bidder and their bids were as follows s Name Amount Bond Julian D. Meland $321,012.98 Bid bond 10% of bid J. We Graig.0 ©d 1814'C];. orris; St.; =:NEa plso Te A. Sohifsky & Sons $289721.33 Bid bond $2,900 361 We C ounty Road E A Ray*Sine Contracting Coe $38,370.13 Bid bond 10% of bid 403 8th Ave. NW, New Br. Luebben mQved9 Rupp seconded that the bids be referred to the Village Nagineer for tabulation and report. Aye s - all John Pilipovioh, 2078 Sloan9 reported that he had purchased his home in the Bbane Addition on Sloan Street 3 years ague He had lived in his home only a year when his drainfield became inoperative. He dug it up at that time and found that the drainfield.had been, in his opinioA incorrectly installed, He has continued to have difficulty and hee recently turned the matter over to his attorney. Berger moved, Luebben seoondea that the matter be referred to the Village L#orney for Ayes In view of the difficulties and variety of opinions encountered in the installation of cesspools and drainfields it was decided to investigate the adoption of strict regulations® O'Mara moved, Luebben seconded that Earl Nelson, Village Sanitary Sewer Engineer, be authorized to look into the Mendota Heights ordinance for less pools, septic tanks, and drainfields for possible adoption by the Village of Maplevo od. Ayes d all Mr. McCubrey, District Engineer of the State Highway Department, appeared before the Council requesting the approval of two State Highway Department projects within the Village of Maplewood. These projects had been previously reviewed and discussed with the Village Counci4 Village Engineer and Planning Commission apt a special meet- ing by Mr. McCubrey and Mr. Schultz of the State Highway Department. Ljungren, Village Ehgineer,.reported that he had reviewed the completed plans and found that they conformed with those approved. previously. Mr. McCubrey then asked that the following resolutions be adopted to formalize the approval. Berger moved, Luebben seconded the adoption of the following resolutions 58 -8--57 WHEREAS9 the Commissioner of Highways has prepared plans and specifications for the improvement of a part of Trunk Highway No* 118 renumbered as Trunk Highway Number .36 within this corporate limits of the Village of Maplewood, T.H. 36 over White Bear Avenue 2.1 Mi. E. of T. H. 61; and WHERELS 9 said plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as State Proj. No. 6211 -16 (T.H. 36 =118) Bridge 9238p and WHIUMS9 - said specifications are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P o 6211 -15 & 6211 -16 (36 -118) Minn, Du 0921 (8) & -D'U 092 -1 (9), which together with the Minnesota Department of Highways Specifications for Highway Construction, dated July 19 19479 and Supplement No.-1 to the Minnesota De- partment of Highways Specifications for Highway Construction, effective April 159 1953, on file in the offioe of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway Number 118 renumbered as Trunk Highway Number 36; and said plans .•and. s. oo3.fi('e t�.ons. a o m k ,(�� lab�1� ,.... 7'.' j-i.s.�7.4�, ±. -gl.l. a +...�.�."*�Z 9.I,'::� ..... i���<<.f._.. �..�..�.��i of CA4 also on file in WHE'R,ELS the term "said plans and specificationsQ1 as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and specifications as in the foregoing recitals particularly identified and described. NOWO THEN, BE IT RESOLVED that said plans and specifications for the improvement of Trunk Highway Number-118 renumbered as Trunk Highway Number 36 within the limits of the Village of Maplewood be and hereby are approvedo BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and specifications be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 118 renumbered as Trunk Highway Number 36 in accordance with said plans and ppecifications Aye s G all WH 4 "R, .Uz " R, kjk, or r1. e., . ill ..,.. "G ?•8 1.,. .,. Berger moved, Luebben asoonded the adoption, of the following resolutions 58 -8 -58 WEEMS the Commissioner of Hiohways Y arepared plane and speoifioations for Bridge No. 6509 and 63109 Trunk Highway No. 25 over Q44*H. No. 26; Bridge Ito. 63141 T.H. 35 under Larpenteur Avenue $ Bridge No. 9117 and No. 91189 Trunk Highway No& 35 over C.S..AsHo No. 259 as part of the improvement of Truk Highway No 3909 renumbered as Trunk Highway Number 35 within the oorporate limits of the Village of Maplewood$ and iNi'I1IRELS said plane axe on file in the offioe of the Department of Nighvaysg, 0ai t Paul, Minnesota, being marked9 labeled and identified as S.F... 6280 -38.0 Bridges Nos. 6509 and 6510; S.P. 6280 -079 Bridge. No. 6514; S.P. ,6280 -13, Bridges Nos. 9117 and 9118; and VEEMS said speoifioations axe on file in the offioe of the 'Departnm6nt ' of Highwayr, Saint Paul, Xinnasotag being marked, labeled and identified as S.P4 6212 -65 (36 =118) Minnesota U-Nth 092 -1 (10)9 S.P. 6280»05 (35w390) MUMesots ICS 035 -2 24) 1160 So P. 6280 -03; 6280 -041 6280 -07; 6280wlO; 6280 -15S 6280»16; 6280 -18, (35 =390) Minnesota, 1 0352 (9) 1160 vhioh, together with the MInnesots Department of Highways .Speoifio,ations for Hi,ghwy oonstru,otion dated ;Aly Is 1947, and Supplement No. 1 to the Minnesota-Department of Hi.ghwayi Speoifiastivns for HighW 0onstruotion, effective April 139 19539 on file in the office of the Commissioner of Highways, oonstituts the apsoifigatione for' said impro,#o- ment of Trunk Highway Number 3909 renumbered as Tru- k Highvsy N mber 35; and -WKIMS abpies of said plans and speoifioations as so marked, labelads and identified are also on file in the offios of the Village 81erk; and WEEMS the term 94sai,d plans and speoifioations40 as hereinafter used in the body of this resolution shall be doomed and intendsd., to mean, refer to, and inoorporete the plane and speoifiostigns as in the foregoing reoi.tals partioularly identified and desoribed. N'OW, THEK9 BE IT RESOLVED that said plans and speoitioations for the improvement of Trtink Highway Number 390 renumbered as Trunk Highway Number 35 within the limits of. the Village of Maplewood be and hereby. are approved* BE "IT YURTM RESOLVED that the elevations and grades as show, in said plans and speoifioations be and they we hereby approved and consent is hereby ' . give, to any and all ohangres in grade 000asioned by the oonstruotion of raid Try Sig my Number 390 ren=bered as Trunk Highway Number 35 in s000rdanoe with said plans and speoifioations. Aye 00 all Iftebben moved, Rupp ssoonded the adoption of the following* resolutions 58 rm 8 rr 59 WEEMS the Oommi.ssioner of Highways has prepared plans and speoifioations for the improvement of a part of Trek Highway No. 390, renumbered as Trunk Hi.ghm way Wumber 35 within the oorporate limits of the Village of Msplewood from the south corporate limits to north corporate limits$ and WMIMS said plans are on file in the offioe of the Department of Highways, Saint Paul, Minnesota, being mark-ad, labeled and identified as State Project Xo. 6280 -03 (1'.H. 35w390) j„ and WEMMS said specifications are on file in the office of the Department of Highways, Saint Paul, Minnesota,, being markedt labeled, and identified as S.P. 6212-65 (T,H- 36-118) Minnesota Project D -UG 0921 (10)? $*Po 628005 (T*H*-35=390) Minnesota Project IG 035-2 (24) 116; and for S.P, 6280-03 (35=390).s.p. 628004 (35=390); s,-P, 6280-07 (35390)'9 S.P. 6280 ®10 (35390)§ S,P, 6280-159 (35=390 Sop, 6280-16 (35390) and S.P* 628018 (35-390), Minnesota Project 1 035-2 (9� 1169 which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated July 1. 1947, and Supplement No-*' 11 to the Minnesota Department of Highways Specifications for Highway Constructiong effective April 159 19539 on file in the office of the Commissioner of Highwayst Constitute the specifications for said improvement of Trunk Highway Number 3909 renumbered as Trunk Highway Number 35; and WHEREAS Copies of said plans and specifications as so marked, labeled, and identified are also on file in the office of the Village Clark; and WEEMS the term "said plans and specifications" as hereinafter used in the body of this resolution shall be deemed and Intended to mean, refer to, and incorporate the plans and specifications as in the foregoing recitals paxticularly identified and described. NO!49'tHEN'9:BE IT 'RESOLVED that said plans and specifications for the improveme*nt of Trunk Highway Number 390 :renumbered as Trumk, Highway Number 35 -within the limits of the Village of Y4plewoo'd be and hereby are approved.. BE IT FURTHER RESOLVED 'that the elevations and grades as shown, in said plans and specifications be and they are hereby approved. and consent is hereby given to any and all changes in grade oocasioned by the construction of said TTunk Highway Number 390 renumbered as Trunk Highway Number 35 in accordance w1th said plans and specifications. Aye e - all Rupp moved, OQNa-xa asoonded the adoption of ths, follor-w-ing rea 1, d_1 - olutf ons WM Ml WEEMS the Village of Maplewood has approved the plans and specifications for the improvement of that part of Trunk Highway Number 390 renumbered as Trunk Highway Number 35 within the corporate limits of the Village of Maplewood,from the south corporate limits to north corporate limits$ and WHEREAS in order to obtain Federal Aid in the construction of said Trunk Highway Number 390 renumbered. as Trunk Highway Number 35 the Bureau of Public Roads requires the assurance that the Village of Maplewood will not Buffer any encroachment of any nature or kind whatsoever on the right of way of said Trunk Highway Number 390 renumbered as Ttank Highway N=ber 35 within the corporate limits of the said Village of Maplewood; and WHEREAS the Commissioner of Highways desires in the interest of public safety that all parking of vehicles on said trunk highway be parallel with the curb and at least 20 feet from any crosswalkw NOW9 THEN9 BE IT RESOLVED that said Village of Maples od does hereby agree, and covenant that it will never permit or suffer, within its corporate limits, any encroachment of any kind whatsoever, including curb gas pumps and gas stations' billboards or other structures of any kind whatsoever, upon the right of way of Trunk Highway Nmber 390 renumbered as Tnxnk Highway Number 35 and to the above end said Village of Maplewood hereby agrees that it will never issue any i T. S license, permit, or grantt or give any leave or liberty or any other consent_ of_ whatever form for the construction or maintenance of W encroachment whatsoever, including curb gas pumps and &s stations, billboards or other structures of any kind whatsoever, upon said right of way;and that said Village of Maplewood will cooperate insofar as possible to eliminate existing encroachments-constituting traffice hazards and will further take any necessary action to eliminate 'any ..encroachment that may hereafter exist on said.trunk highway right of way; and BE IT FURTHER RESOLVED that said Village of Maplewood .does hereby agree to rd- quire the parking of all .vehicles.on said trunk highway to be parallel with-the curb and at least twenty .(20) feet from any crosswalks on all public streets intersecting said trunk highway within the corporate limits of said Village of Maplewood. Ayes - all Ervin Malluage, 1288 South Dorland, asked if permission had been granted to the owner of several old houses to place and use them as they are presently situated. He and other property owners were desireous of objecting to such action. It was explained to Mr. Malluege that these houses were not permanently situated, but permission for temporary location had been granted pending arrangements for permanent construction to be completed with the aid and advise of the Village Engineer and Building Inspector.: Ituwas also explained that the owner, Mr. Ledo, 1568 Point Douglas Road, would have to oomply. with all road and building regulations with regard to the.looation and completion of these homes. Walter Richardson, Superintendent of the North St. Paul..Area- Szhool District appeared before-1-the Council with regard to the plans of the new.-Junior, ' High Schoolo 1jungren reported that he had discussed the matter with.the arohitects f6r the sdhoolo It will be necessary, in order to complete the proposed worko to vacate the dediodted but unimproved Tierney and Frisbie streetat however this can be done at ala'ter date,$ He also reported that it will be necessary for tiz School Board to dedicate an'ad- ditional. portion of Ripley and Hollow&V Awes., wixich Mro Richardson assured the Council would bedone. The School Board req!iested that the Village set the street grades on the abutting streets so that they may proceed with-the grading of the the school site property. Berger moved, O'Mara.seoonded that the Village Engineer be authorized to set the grades for the. school board. Ayes all O'Mara.introduced and recommended the adoption of an ordinance which would provide that no connection to municipal sanitary sewer systems be finally approved until all streets, pavements, curbs and boulevards or other public improvements have been' restored to their former condition. The ordinance further required that any damage to the. coating on any gas main.or line be reported to Northern States -Power Co. be- fore being covered. 'O%ara then moved the adoption of the following ordinance Berger seconded* ORDINANCE No. 66 AN ORDINANCE AMENDING ORDINANCE NOo 58 ENTITLED "AN ORDINANCE REGULATING CONNECTIONS TO THE MUNICIPAL SANITARY SEWER SYSTEM.$ .LICENSING SEWER INSTkIJAERS9. PRESCRIBING CERTAIN MLTERTALq..,.=.._ METHODS: TO BE, USED .FOR SAID CONNECTIONS.AND PRESCRIiING_PENALTIES. FOR THE VIOLATION OF SAM Ayes all 01YA a.. brought to the Counoil.'s attention a request for additional extensions of the sanitary sewer construction* -O Mara movedf Luebb�en seconded that the re» guest for extensions in the . following named streets be sent to the . City Of Ito Paul for approvals. 19 .0n- Ripley.Ave. from Clarence Street to Curve.:Street. 2 Ott Adele Street from _ Frost .Acre * to Penton Avenue* 3* on au.easement Strip to the St* Paul Tourist.Camp fCM approximately 710 feet north of East - Shore Drive* .4. On jerk Ave, fro* Plandrau to White Bear Avenuee 5* On Sextant avenue .from Hazelwood to Kennard* -60 On Hazelwood from Gervais to Sextant. To On G9rvais Ave=e from Germain to > Kehuard. 8. On Laurie Ivenue from .Plam r u to Prosperity, Road: 9.• On .Frost Avenue from Hazelwood to point. approximately 22.5 feet crest of Hazelwood. 100:On Idaho Ave=* ..from Sterling to approximately 450 lest east of Sterling.* 11, .On .Prosperity . Road from White Bear to Lark A�venuee 12, .Oa Kennard Street'. S:tre et'. from . County. Road "B" . to . Burke Avenue 13 * , .On Burke Avenue from Kennard to Prosperity. Road Ayes - all OtXa & then read. & letter from the sanitary sewer engineer which .recommended the e,dceptana9 of certain streets on which the sanitary sewer construction is "QOmpl steel* With the avmeptanoe of the street the village street Department will be authorized to begin reoonstruation work* :O'Mara. moved! Berger. seconded that the streeti ii the. >foilnw3�g brae: -be�: aaeepted as..._�ndm�ei�,de& by;_ -ths wQm�su�.t3�cg ° Sa.tst� .:8ewer �gir�4r s� The entire area between Clarence Street Wakefield Lake,.Larpento= Avenue and the :Soo Line Tracks north of . Prost A�renus with..:. the e.xoeptlon of Gulden Plaoe .from north Barclay to Birmingham, Prioe Street -from Bi Qlaxonos Street! 6ophiag from Birmingham to .Clarence and Clarence from Sophia to Laxpenteur. OtMara then read a letter from the Consulting Sanitary Sewer.Enginser with regard_ to the ihaorrect, unacceptable work, in the .amount of $35,478,,40, eor4pleted by Robert:W.,Moore in the Hillorest Projeot.Noe 2. He recommended that previous „ arrwal be. revoked and that an overdraft be shown . for the. amount of the work for wh.ah he., ha previously been paid. Because. only $13'214 *70,is due?c. Moore on 2, it is.neeessary to deduct X22 263.70 from the Projeot:No* 3.payme t 'coact NQ• . .. ' which is' also under aontraot to Hr- - Moore. OlMara moved, Sohmid seconded that the amount ` of $22 263.70 be . deducted from the _ amount of 885 t 284* 28 due Mr« Moore for work oompleted in.Projeot Noe 3, leaving a balance for ,payment of ;639020958. , Ayes - all OtMars moved, .Schmid seconded the-approval of Payment Certificate No. 4 for . Lametti and 'Sons in the amount of .8172, 250. *.69 for work completed during .JulyP 19518 :Ayes - all O'Mara moved! Schmid seconded the approval of 'Payment Certifioate No, 3 .for Barbarossa &.Sons in the amount of $24,840.00. Ayes - all OlMara also.report.ed that the sewer in .the.8tanich Highlands area had been approved and permission had been granted to the residents to begin connections. It was agreed _ by the Counail that as these sewers are approved by the engineers and he Commise3onsr cf U.tilities that immediate connections by residents should be permitted, - without awaiting official Council action. A letter was also read from the ..Consulting .Sanitary., Sewer ,Engineer reoommending soceptance of County Road B from Highway No. 61 to a point . 250 feet west of - English Street so it may be turned over to the :County for resurfacing. The .Village Engineer was instructed to so inform the County Highway Department;-. O.tMara reported that he, along with the Plumbing Inspector, had met with. representatives of the Master Plumber is .Association with regard to their exolusive right to make .sanitary sewer connections. He reported that he had informed them that under no ©iroumstanoes would the Village relinquish its .right of inspection on the inside plumbing prior to issuing sewer installation permits. They had requested that they Wallowed allowed to _ sign an affidavit verifying the fact that , the inside plumbing is vorreotly installed or informing the .resident of the work .required. He had asked them to attend toniohts meeting and the master plumbers were then asked to state their side of the story. Joseph, Ikham]., 2684 Allen Street i spoke on behalf of the i Master Plumber's Assooiaton The sewer installers who, were being oonsidered for licensing -for outside work were , then offered ` the opportunity to speak. The few who were present stated they would prefer to turn the responsibility over to the plumbers, After discussing the matter at considerable lengtshp .01.Mara moored, Luebben seconded that the matter be tabled for 2 weeks for further consideration by. Council member$ with the understanding that permits will be issued only to licensed plumbers during the interval. Theodore Fitch, 1776 Jackson, stated hie Cesar, pool "* From his oomments and Ayes - all that he has had considerable.diffioulty with the investigation of the Tillage Health. Department it appeared that ground water is causing Mr. Fitohes difficulties., matter was.. referred to the .Village Engineer for investigation'., The .Albert Berg, 2481 1inwood ,Ave.., brought to the Council: ' s attention the faot that a- firing range has been established by the members of the St. Paul Police Department:. It was 'learned that this is a .private group which has established a range on City - County property„ -No permission had been obtained from the .Village : €or its establish- mentw ,: Memmer,.:, Vi.l,le, Attorney, .advised that letters be directed to .the St. Paul .. City Council and to the;.; ®u2aty ;Board bringing this matter to their attention and . requesting tl;t it be stopp ed. „The Council requested Memmer to prepare and mail the recommended letters. Mrs.'Peterson reported that 5 new trailers had mowed into the Village recently and asked what aotion she ahould take. She was advised to to give the trailer owners three days in which to leave. -If they failed to comply, she was instructed to bring justice court action against them. «Folhowing the report by Memmer, Village Attorney, that arrangements had been.00m•. sileted for securing two additional easements needed for.sanitary sewer purposes, Luebben moved, .Hupp seconded the adoption of the following resolutions 58 -8-61 RESOLVED v That pursuant to the repor t Settendorfl appraiser, the,.followin use, maintenance# and admiWstratio�a of Maplewood: and that the..Treasurer of .the Village-Attorney and Joseph ,tracts of land be aoquired. for oonstraction: of the sanitary sewer system in the Village be and is hereby authorized to pay over to the owners of said tracts the amounts set opposite each descriptions, le The South 30 ft. of the S. 220 ft a of that part Total amount - »$680,00 of the NJ of the N of Secs 159 T.,299 R. 229 Earnest money %yang Wly of the Wly line of the Northern Pacific) paid by Railway Company ' s Right-of-way, subject to the } Bettendorf .00 rights of the public in English Street.. AMOUNT DUE 915"00 Owned bya Donald G. Kampa & Margaret M.Kampa Mortgagees_D.ry Dock Savings Bk, A Noys.corpo j 20 The North 30 feet of the property described ass That part of the Forth 258.26 feet of the East 506 ft, of the 3J of the NJ of the NW,43-, . Sec. 15, T. 299 R 294 subject to public highway and pipe line agreement. in 1457 Deeds 1 (98) ,Owned bys Robert W. Wolfe & Esther . Sue Wolfe Mortgagees St. Paul Federal Savings & Loan .Association, a U. S. Corporation Total amount - $400000 Earnest money, paid by Bettendorf 25,00 AMOUNT . DUE C7Q . Aye s -- all Robert.Sandert representative of Juran & Moody, Village Fiscal Agents, appeared to discuss arrangements .for financing the balance of the sanitary sewer construction project. It was determined that an amount of approximately $750,000.00 would. be needed to complete the project. In view of the Councils inability to determine at this time the amount of prepaid assessments that.could be expected, it was decided to issue short-term obligation bonds until completion of the assessment roll, at which time the amount needed can be refinanced with long term bonds. Berger movedg O'Mara seconded that Juran & Moody, Fiscal. Agents,, be authorized to issue $750,000.0 0. bonds for an 18 month period at an average interest rate of 2.65%. Ayes - all L�ungren, . Village Eugi.neer9 reported on the tabulation of the bids for the City Heights Addition.. Rupp moved, Berger seconded that the bid of T. A. Schifsky & Sons, who submitted the low bid of .$28,721.53, be accepted. Y. sl Aye s - all O'Mara pointed out that he felt definite arrangements should be made with the VA to assure the Village that the money will be available for the payment of contractors as the road work is completed. The Village Attorney was requested to make contact with the VA to determine whether this can be arranged. Completion of the.contract is to be held up until the necessary assurance of proper and timely payment is given. Ljungren then reported on the bids for the Crestmoor Addition. He pointed out that the low bidderm Minnesota Road Builders, Inas had failed to provide the required 10O bid bond. Because this requirement was mentioned as a separate and distinct provision it was not felt that it could be waived by the Council. O'Mara moved, Berger seconded that the contract be awarded to David 0. :Gulliford,• second low bidde;f at asbi.d price of $49886.00. Aye s - all r Ljungren also reported on the letter kom ,Funs :Construction Coo which offered A bid* of 16 cents for shaping, dressing ate. sodding the boulevards on all lots in City Heights Addition (Includes Blocks 19 29 39 4 and 5)4 He reported that separate p ortioha*of this. -projeot were under different ordinances. ',It wad decided that each portion would have to'be oompleted in compliance with the ordinance in effect at the time the agreement was made o L jungren was requested to make the neoessary chances in the con- t tract o Demmer reported that he had attempted to contact the .8tandard Oil Co. with reg td to the proposed purchase of the property on which tba . Scandinavian Twits Club staads, but bad been unable to make contact with them before this weetinge Berger m6v ;9d Oat all licenses be revoked for the Scandinavian Hite .Club and that the owner be notified that the building is closed -to public occupanoy,$ Luebben seoondedo Ayes Q all Memmer also reported that he had been unable to c ontaot the attorney for the owners of property proposed for condemnation at 1699 Jessie streets Because the property bae9 according to information received by the Counoil, everted to State control# Luebben-moved that the Attorney be authorized to con,taot the land commissioner with regard to the property at 1699 Jessie Street o Kipp seo ond.el, �e s aY.l Berger moved that all the salaried and hourly employees of the Village gently paid on a b�,- monthly basis, be paid on the 5th and 20th of each month. Luebben seconded,* Ayes - all The Clark reported that the previously authorized parchase order forms had been purchased and that he would like to put the system into effect as soon as possible. Me asked that each department head or a representat .Te be 'designated to approve all Purebasesn Trustee O'Mara desisted .Berl, Nelson, Village Sanitary Sewer Ragineer, to approve puroba,ses for that deppartmont,* Trusted Barg des: ,ted „Verne,Ljungren to handle approval for the street department o, Trustee Rupp "retained the right of • approval for the Police Department, Pire.Departments, Log Catcher and Civil Defense,, in view of the . fact that .only part time employees make up these depart4ents. Tale Clerk is to approve the office and other inspeotors purchases, , Schmid moved, Luebben ssoonded that the following seamed Clem and Judges be appointed for the September 99 1958 election. Lorraine Tepe Helen..Borglund Helen Lundell Joe Rang#soh Ruth Qinaelli Arthur Arndt Phyllis Buckner Pat Luger . Ali.a.e . Sether Eleanor Meacham -Evelyn Nielson Mildred Grealish Helen Gold Leona Broberg Grace Anderson Linnee Anderson Marion Clark Charlotte Sindt Merlyn Hanson Marie Timm - Patricia Kennedy Irene McClellan Rose Bruentrup Bessie Hawkinson Florence Moritz Ikelyn Judkin.s Rose McShane Isabelle McGuire Prank F'isohbeok . Gertrude Gatzke Ares m all Trustee O'Marai requested that he, be relieved of the assignment and responsibility fort he Village Health Department. Mayor Luebben indicated. that he would approve the request. The Council was then requested to adopt the'necessaxry resolution pertaining to the issuance of the third series of bonds for the sanitary sewer improvement project, Member Scbxaid introduced the following resolution and moved ita-adoption,- 58 - 8 - 6z A. RESOLUTION PROVIDINC-1, FOR THE ISSUANCE AND SALE OF SANITARY SEWER BONDS OF 1.958, THIRD SERIES "BE IT RESOLVED By the Villa-ge Council of the 'Village of Ykplewoodq Ramsey County Mnnesota., as follows: WHEREAS, the Village Council of said Tillage has heretofore: determined to construct a system of sanitary severs togethler w*21th necessary lift stations and appurtenances, and WHEREAS, the Village Council of said Village has enter- -A into contracts f or the construction of said improvements, exid WHEREAS. ftuids are now needed te pay in, part the costs� of such improlvement prior to its completion, NOWO THEREFORE, BE IT RESOLVED By the Village Council of tbe Village of Ybplewood,, DEn-nesote-, 1, The Village shall forthwith issue its negotiable coupon gener,92 obligation. bonds in -the, aggregate princ.16pal amow:,it of $7i0,000, to be '7�0 11r. numbered consecutively from I to 7509 both innolusive, in the denomination of $1,,000,,00 each, dated Septearaber 1, 1958 and to b.-lar interest from the date there- of imtil paid at the rate. of two per crant (2,00%) per aymmm, payable March 31, � I e thy; ra 4. e, 1959, September 1, 1959 and Yhrch 19 1-9609 plus additional irtrest at h U of one and twenty hundredths per cent (1.20/0.) per ar-z"u= ft nom November 1,, 1958 to September 1, 1959, payable Wxch 19 1959 a.zA September .1,, 1959 to be represented by a separate set of interest coupons. Said bonds shall be payable as to. principal and interest a-15 the American National Bank of Saint Paul, in St, Paul,, Dfinnesota, and shall mature serially on March. 1,, 1960, 20 The bonds and interest coupons to be issued here=dc-�r shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF TaNNESOTA COUNTI OF RAYSEY VILLAGE OF MAPLEWOOD SANITARY SEWER BONDS OF 3-9589 THIRD SERIES NO 0 $19000,00 KNOW ALL MEN BY THESE PRESENTS, That the Village of Yhplewocd, Ramsey County, Mrxesota, certifiesi that it is indebted and. for value received promises to pay to bearer, the sxn of on the ,first day of March 1960, and to pay interest thereon from the date hereof until the. principal is paid, at the rate of two per cent (2.00.) per annum, - interest being payable Dbreh 1, 1959 and semi- annually thereafter on the first .day of September and the first day of march of each year, plus additional interest at the rate of one and twenty - hundredths per cent (1.20 0) per annum from November 19 1958 to September 1, 1959, payable Yhrch 1, 1959 and September 1, 1959, 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 two per cent (2400%) per annum from the date hereof to maturity, and the other representing interest at the rate o-f one and twnnty hundredths per cent (1.20 %) per annum, for the period November la 1959 to September 1, 1959. Both principal and interest are payable at The American National Bank of Saint Paul, in St, Paul, Plnnesota., in a=ny coin or currency of the United States of ,America which, on the date of payment, is legal tender for public and private debts.. This bond is one of an issue in the total principal amount of $750,000, which bond has been issued.: for the purpose of providing money to defray the costs of the construction' of -'a syste:p of sanitary sewers., for the Village, and has been issued pursuant to and in full eonformity ".,with`,,t) a Constitltion, and laws of the State of .ldnnesots, inclu ing •Chapter 385:., Lawn of Idnaesota for 1957, and the holder hereof shall .have all the rights conferred by said chapter in addition to the rights otherwise conferred by law. :.This bond is payable out of the anitary Sewer:. System of 1958 FuAd of the e,Village and constitutes a general obligation of said Village. To provide moneys for the prompt and full payment of said principal and interest when the same become dues the full faith and credit of said "pillage have been and are hereby irrevocably pledged. IT IS HKREBY CERTIFIED AND RECITED that all iwts, conditions; and things required by the Constitution and la s- of the State of .nnesota to be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed.-in regular and due form., time and manner as required by law, and this bond, together vd th all other debts of the Village- outstanding on the date hereof and on the date of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of in. debtedness. IN WITNESS WMMOF, :,th®' ,Village' of 14aplewood,$ Ramsey County, Mnnesota, by its Village Council, has earused this bond . to. -.be. executed in,-its behalf by the (facsimile) signature 'of the mayor and - the (facs. mile) signature of the Village Clerk and the corporate seal of the Village to,. be hereto affixed and has caused the interest coupons hereto annexed to be executed and authenicated by the facsimile signatures of said officers, all as of September 10 1958, V � r VILLAGE CLERK (SEAL (Form of Coupon) NO*-. On the first day of larch (September),, 19„�„m,, the Village of Mplewood, Ramsey County, lannesota, vil.! pV to beare-., at, Paul. in St Paul , Minnosota ® 10- lvzl, stwl.. interest then dues on its Sanitary S,I,va r dated September 10 j,o,,.5d80 (Facsimile Sigriatv,=*e) VILIAGE CIERK Netj.onall Bazuk of Saint: Doll.,,.jrs f or No. (Fac'sirdile Signature). WOR 3o The bonds shall be ,[_-j,repare,:,d tz eler the diil',ectian of the Village Clerk and Shall be executed on behalf of the Village by the. si n-pattire of the, FLy or. , on -0 37-'51, both inclusive, and his lithographed tiigrvature on bonds numbered 1 t U - bonds numbered 376 to "(r50, 'both inclusive; and by the signature of the, Clerk on bonds ntunbered 376 to 750 9 bot,h iziclzir_si,'.re . a nd Us lithot raphed signature on bonds =Abered 1 to 375,; both iinclusive. The corporate slea,11- shall be affixe d. theretog and the interest coupons shall b.,,:,, execirbed and autil."Lenticated by the printedo engraved or lithographed facsimile s1gruatures of said officers. Wh,,:,in said bonds have been so pr)pare.d and executed., they shall. be delivered to the, Village Treasurer, who shall deliver the sarii(--3 to the purchaser therof as heroa- inafter provided bait the purchaser shall not be, required to see, to the proper application of the pvu,,chase price. 4-Y The special fund heretofore. created and designated. as "Sanitary Sewer System of 1958 FiLidtf, to be held. and. administered by they Village Treasurer separate and apart from all other fuz4s of the Village hall be maintained in the manner specified. until all of the bonds herein authorized and interest thereon Shall have been fully paid. Th:� proceeds of the saae of the bonds herein authorizedo less, accrued interest received thereof # shall be credilted to the Gonstrur.,.-tion account in s,,,-Ad fund, from which there shall be paid all costs of construction contracts heretofore let and all other costs inclUrred and -to be inwirredo and the moneys in said acco'Llmat shall be used. for no other purposes,, provided that,, if upo n. completion of said improvement there, slmll remain =y unexpended balance in said Construction Account,, su.eh balance sha.'Ll be trans- ferred to the Sinking Fund Account, in said ftuid, There shall be credited t"o the Sinking Fund Account all collections- of the special assessments herein levied$ all accrued interest received upon delivexjr of said bonds,, &11 funds remaining in said Construction Accotrat after completion of the impro-vroment and payment of the costs thereof all collections of taxes her 1� end Me- Sinking Ftu-.)d k-ecount shall be used solely to pay principal or interest on all bonds issued hereim der . 56 It is hereby determined that not less thm, $600.9oo.00 of the cost of said improvement shall be paid by special assessmeents to be levied against evenj assessable lot, piece and parcel of land benefited by the said improvement, The Village hereby covenants anti agrees that it will. do mid. perforin, as soon as they may be doneo all acts aul things nv%esaary fox the final. w4 v4W le,ery of such special, apsesmieAtsq aad in- the event that an such, a8semment be at any time held invalid with respect to any 10to pieeg or parcel of land,, due. to =y- error, defect or irregularity in an t action or proceeding td ezi or to be taken by the Village or this Council or any of the Village's officers or employeeso either in the making of such assessmOnt or in the performance of aiV.- cozidiltion precedent theretog the 'Tillage wid, this Council will forthwith do all such further acts and ta]:c.e all such further proceedings as may be required. by I.Faw to make such assessment a valid and binding lien upon such p-roperty,, Said assessments shall be payable in 20 consecutive. annual instalinie�nts, "'he first of said installments to .be payable with general takes for the year 1959„ collectible with such taxes during the year 1960, To the first installment ^'] there shall be added interest at the rate of .5% per annum. on the entire assessment from the date of the resolution levying the assessment until December 319 1960. To each subsequent installment there shall be added interest at said rate for one year on all unpaid installments. 06. To provide moneys for the prompt and full payment of principal and i August 219 1958 The regular semi -month 4 meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7 :15 P.M. Other members of the Council -present.weres Rupp, Berger, Schmid and O'Mara; Absents none. Berger moved, Luebben seconded that the minutes of the August 7, 1958:meeting be accepted as submitted. Ayes ® all Raymond.Capaul, 1779 Frank, appeared representing Louise Gerstner,.1779 Frank, who owns property.bounded by Frank, Edward, Ripley and Sophia streets, and is planning to divide it into lots 80 feet by 120 feet. Because the lots are slightly under-the 109000 sq. foot minimum requirement, they do net meet.the code requirements. It was suggested that she have the alley in that block vacated which would add the: necessary area. Mry Capaul, requested that this action be taken. A hearing was set for 8:00 P JL o September 18, 1958, when Mr. Capaul agreed to furnish the a1 necessary petition, stract ° s cerficate and fee by Monday. Mrs. Edstorm, 1898 Phalen Placed stated" "that she has been renting out the upper part of her garage and was told' at this is against the zoning code of the Village. She owns lots 13, 14, 15, 16, 17 and 18 in Block 3, Kavanaugh and Dawson$ Addition* She presently has a residence over her garage and requested that she be allowed to alter the entire building, including the garage,.so it will meet the minimum . standards of the Village. The question then arose as to whether the house and garage being used as a residence were on sufficiently large lots to warrant fir® -- separate residences. The Buildingi1nspector was requested to further investigate this matter. Nova Green, 787 Aurora, appeared wAh regard to the on and off sale beer --and tavern license application she had submitted for the Canton Village at 1890 Rice Street, Mrs. Peterson reported that the premises were alright as far as the health department is concerned. Mrs..James A. Anderson stated that the premises had been .approved previously, however the Council pointed out that the investigation related to.the new owners rather than the previous owners. Berger moved that a license be granted subject to a favorable report from the fire, health, police departments and building inspector. Luebben seconded. Ayes m all Mr. Robert E. Westbrook, the newly elected chief of the new Parkside Fire Department, stated that they had received overwhelmi.ng_..suppor.t.. in_...a_..solicitation of the area; receiving $110040 in donations. They have purchased a truck''and are presently negotiating for property which they expect will be donated. They also reported sufficient manpower to provide 24 hour service They asked if they could be given the allotment.of the Little Canada Fire Department.* O'Mara suggested that a committee of Commissioner Rupp, the Chiefs of the East County Line and Gladstone Fire Depart ments and the assistant Fire Chiefs of.each of these departments serve as a committee to make recommendations to the Council of the action to be taken. Mayor Luebben appointed the persons recommended and asked that they report as soon as possible. Micheal McCarthy, 1164 Frost, owner of Frost Meat Market stated that they are using the trailer parked behind the Market building for sleeping quarters only. He requested that they be given a permit for the use of this trailer. Mr. McCarthy reported {that -he is working as a painter and his wife operates the market during the day. To $deep elsewhere and to keep their children at any distance from the market would work an additional hardship on them. SMol- s. Peterson reported that the trailer is being used to a greater extent than in. didated and that the condition of the premises as a whole is very poor, 'It was de. cid ed that the trailer would have to be moved by Monday,, August 25,, 1958, and'that the premises inside and out would h4ve to be cleaned to the satisfaction of the He41th Department, Pursuant to due call and published and posted notice thereof, the hearing set for 8:00 P.M. on this date to consider the stom sewer in the North Glen Addition was declared open by Mayor Luebben. The area proposed to be assessed for the improvement is all the property in the North Glen Addition. The estimated cost of the improve. meat is $5,750-00. Henry Collyard,, 1485 Viking Drive, represented the people in the arqa.,;;'-Earl Nelson, Engineer, explained the proposed plan for the construction of thq storm sewer, It was explained that an additional amount of $427-00 had been added for sodding making a total estimated cost of $6,177.00, Of this amount only $2000.00 is to be assessed against the abutting property owners in view of the savings that have been affected in running the sanitary sewers through this easement. The amount per lot will be approximately $50,006 The work is to be started this Fall if possible,--Tests will be taken to determine the degree of compaction. After all questions had been answered Mayor L-4ebben,called for objections, Hearing -none, Berger moyed, Luebben seconded the adoptio4 of the following resolutions 8 - 63 WHERM, S. resolution No. 58 - 7 m 52 of the Village Council adopted the 17th ,, day of July,, 1958, fixed a datq for a council hearing on the proposed improve--'ri ment of the North Glen Addition between Lots 7 and 8 and Lots 13 and 14, Block 1 and Lots 7 and 8 and Lots 13 and 14, Block 2 by the installation of Storm...., 86wer'in the easement provided for that purpose,, pursuant to a petition of affected property owners, AND WHEREAS, ten daysO published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on'the 21st day of August, 1954, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW-0-.TI-3EREFORE0 BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD9.NINNo to Such improvement is hereby ordered as amended by the addition of sodding to the Council resolution No, 58 - 7 - 52 adopted July 17v 1958o 2, Milner W. Carley & Associates are hereby designated as the engineers for this improvement, They shall prepare plans and specifications for the making ofL,sudh-:,imPr6vement, Ayes m all Austifil;1eller.appeared-with referenqe to the decision on the sewer installer as to whether-,.only Master Plumbaers could hold licenses or if cess pool, septic tank and driiftfield installers.would be alloWed to connect to municipal-sanitary sewers He was asked-to wait until the other concerned arrived as the Council had asked them to-,be'present at this meeting. Curtis-,46 Greer, 1493 Viking Drive, asked when his street would be returned to its proper grade, He reported that it is now considerably below the grade prior to the sanitary sewer installation and that the height of the manholes indicated it is.to., remain at a,lower grade, Inasmuch 4Ls the Council was unaware of away proposed change in grade, it-,vas felt the :manholes were set too low* O'Mara agreed to discuss this with the Sanitary Sewer Engineer, Mayor Luebben pointed out that in the agreement with Mr. DeGeer.-it had stipulated that the Village would put his property back in condition following.the use of the storm sewer easement. Mr. DeGeer now is concerned about the fact that there is a time limitation put on the period of time which the Village will restore the property- to its former condition. Mayor Luebben reported that there are some difficulties presently involved with the sewer. Memmer, Village Attorney, pointed out that the temporary construction easement does have a limitation for work outside of the permanent easement. However the permanent easement, on which the trouble exists, has no such time limitation, Unless the Village should at some future date remove the line and no longer use it for this purpose, at which time the property would revert to the owner, the Village is bound to adhere to the terms of the agreement indefinitely. Berger moved, Luebben seconded that the matter of the correction of the storm sewer problem through this area be referred to the Village Engineer. Ayes - all The next matter discussed was the request made to the Village of Maplewood by the Ramsey County Board for approval of the proposed grade correction of Larpenteur Avenue at Highway 100,,, Berger moved, 00Mara seconded the adoption of the following resolutions WB M AS, plans for Larpenteur Ave. from Territorial Highway No. 100 (East County Line) to 1817 feet west S.A.P. 62-682 -03g showing alignment, profiles, grades and cross sections for the improvement of County State Aid Highway No, 30, within the limits of the Village of Maplewood, as a State Aid Project have been prepared and presented to the Councilo NOWO THEREFORE, BE IT RESOLVED v That said plans in all things be approvedi. Ayes ® all Nelson, Village Sanitary Sewer Engineer, reported on the Mendota Heights Ordinance referring to individual sanitary sewer systems, The Council requested that each member be provided a copy.which may be studied and discussed at a later meeting. Moritz, Cesspool and Drainfield Inspector, reported that 7 cess pools in the Robert Evans0 City Heights Addition had been installed in the street right-of-way. No permits had been taken out for these installations. It was concluded that this had been done because the developer was unable to construct the cess pools the minimum required distance from the wells and remain on private property. The Council agreed that he should be ordered to install the cess pools at the rear of the house and run a stub to the front of the house for future sanitary sewer connections. New Brighton Plumbing was the installer involved. OOKara moved that New Brighton Plumbing be brought in before the Council to explain why their license should not be revoked. Rupp seconded. Ayes - all Mrs. Peterson reported on the Carver Ave. problem. She had contacted Dean Anklin from the County and learned that there was a 24 inch culvert under Carver Ave. into which raw sewage is being discharged. Mr. Anklin felt that a dye would not work satisfactorily in determining the source. Mrs. Peterson had sent a letter to the people in the area informing them of the problem and warning them that they would be prosecuted if found connected to this ditch for sewage disposal. A letter was received by Mrs. Peterson from Stanley J. Mosiel, Attorney for Mr. Al Schwinn, 2345 Carver Ave. The letter stated Mr. Schwinn was not certain whether his sanitary system was connected to the culvert and requested aid in determining the possibility -, of such a connection. Mrs. Peterson reported, that the only other resident who,, in her opinion, could be connected had indicated that the5r were connected and would have J to correct the situation. The matter was referred back to the health department with the aid of Nelson, Village Sanitary Sewer En,4ineer, and Trustee Berger to determine whether or not the system referred to in the'above mentioned letter is also connected, The Village Attorney reported that he had arranged an agreement with Mr. John Ledo,, 1568 Point Douglas Road, providing for road easements on his property and that of his mother for the purpose of road building as may be required by the Village in the future. Following the signing of the agreement, building permits for the homes he had moved opto his property were granted, Mem er reported that he had contacted the City Council, and the County Board with regard to the shooting range in the Village, but that no answer had yet been received, Memmer° also reported that he had contacted the VA with regard to the street work in City Heights Addition. The VA has agreed to release money to the Village within 24 hours after they receive the Village approval on the work. The contractor, T. A. Schifsky, agreed, that he would accept full payment upon completion of the work with. out any partial payment prior to that time, Demmer reported that he had contacted the Standard Oil Co. who have purchased the property from the Scandinavian Nite Club and the deal will be coi}pleted within three weeks. He indicated that upon completion of the purchase of the property, they plan to tear it down. As a result,, condemnation proceedings by the Village will not be necessary, Memmer reported that he had contacted the State with regard to the property at x,699 Jessie Street, which is also proposed for condemnation. He learned twat it will be the end of 1960 before the State may take possession. He has since contacted the attorney for the present owners of the property but has received no answer as yet, Trustee Berger and Londan, Building Inspector,, reported on a lot 64 feet wide fronting on Bartelmy Lang, Berger stated that there was no property available to add to this lot and felt that a building permit should be granted under tho' hard. ship provision of the Building Code. Berger moved that Herman A. Vogell be authorized to boil& on a lot described as follows.- The N. 64.4 feet of the S 128.8 feet of the-N 934.66 Meet of the M of the W1 of the SE4- of the NWt of Sec. 25, T 29N, Rupp seconded. Ayes o all Mr°. Treader of Northern States Power Co. appeared before the Council with regard to power required for lift stations in the Village. He stated that this is a 3 phase installation into a non- c9mmercial area and there would be a sizeable cost involved, The Company estimated the cost to be approximately $5800000 for 3 of the 3,9cationsa East Shore Drive. 550 feet west of Adele $1920.00; Couritl Road "BfP west of Ruth Street o $2387.00- and Holloway Avenue and McKnight Road a $1549.00. He reported that there may possibly be adjustments on 2 of the proposed lines which would result in less cost than estimated above. Mr. Treader also pointed out that and -new connections made to the system within the next 5 or 100 years,, as outlined in the �igre'ement, would be rebated to the Village. 0 °Mara moved that the Mayor and the Clerk be authorized and directed to enter into a contract with Northern States Power P'o, for the provision of a 3 phase system,for use in the sanitary sewer lift stations. Berger seconded, Ayes m all Mr. Moore, contractor for the sanitary sewer project No. 3, c, -with Mr. Bolger• from the Northwestern Bell Telephone Company, explained that it was felt necessary to move the proposed sanitary sewer line from the south side of Minnehaha Ave. to the north side because of the coaxial cable of the 'Telephone Co. The Telephone Company had agreed to pay Mr. Moore $3,000.00 to make this move in preference to risking a service interruptifn. Mr. Moore had agreed to provide service connections to the houses on the south side without additional cost to the Vi llage o Mr. Moore felt that he could not request the payment from the Telephone Company but that this request should be made by the Village, The 'Telephone Company felt the payment should be requested. The consulting Sanitary Sewer Engineer recomimnded against requesting a change in the plans. After a lengthy discussion and on the advice of the Village Attorney, Luebben moved, Berger seconded that the Village Attorney be authorized to draw up an agreement with Mr. Moore and the Telephone Co. to effect the necessary transfer of funds covering the movement of the sewer line from the south side of Minnehaha Ave* to the north side with the Mayor and the Village Clerk authorized to sign the agreement. Ayes m all Mr. Moore also brought up the problem of an individual who had refused Mr. Moore permission tow ork on his property. Mes r explained that this property had been condemned in June but that the owner had refused to acknowledge this action, It was agreed to provide the contractor with police protection so he could continue his work. There was a lengthy discussion with Mr. Moore on the incorrect work on la.rpenteur Ave. and other streets in Project loo. 2, After coming to an agreement as to how the corrective work will be handled, it was decided that Mro Moore Should be paid the full amount of $85,284o28, as certified previously, for Project No. 3o, from which a portion of the overdraft had been withheldo It was also agreed, however, that Project No. 2-continue to show an overdraft until the corrective work is completed. O'Mara moved, Berger seconded the approval of Payment Certificate Noo 4 for Robert W. Moore in the amount of $859284.28 for work completed during July, 1958, Ayes m all The discussion was reopened with regard to Ordinance No., 58 and the provision permitting both Master Plumbers and sewer installers to complete sanitary sewer connections from the property line to the house, Mr. Keller, Keller Sanitation, expressed the opinion that he and other reputable sewer installers should be permitted to take out a sewer installation license. The Council, however, could not determine how to grant the sewer installers licenses in view of the State Plumbing Code which grants-jurisdiction only to Master Plumbers, It was agreed that the ordinance would remain the same, the inspections would all be kept in the hands of the Village and only Master Plumbers would be permitted sanitary sewer installer licenseso John McNulty, Civil Defense Director, presented a letter to the Council with regard to h is proposed budget for 19590 The Council agreed to review his request and promised he would be informed of the time when a final determination was made so he could be pre sent o Walter Rupp announced that he had decided to resign effective September 1, 1958.and presented a letter formally requesting acceptance of his resignation. Mro Rupp re. quested that the Council continue the policy of area representation. He also re- ported contacting a possible successor. It was agreed to invite the candidate to a future Council meeting. O'Mara moved, with regrets, to accept the resignation of Walter Rupp. Luebben seconded. Ayes - all N -loon, Village unitary Sewer Engineer, reported on the water problem of Theodore - -, Fitch -9 1:776 7a.cksong He had found on an inspection that the problem is caused by surface water rather than improper cess pool installation.-as was originally claimed by the owner. It was decided that the Village could take no further action on the matter. Berger moved,, Luebben seconded that the Industrial Development Committee Mmbers who attended the Chamber of Conmerce tour of the Viliage be reimbursed for the $2.54 fee chatd. Ayes m all rr -moved that the Village of Maplewood purchase 504 feet of cast iron pipe for $189908 from the St o Paul Water Department as an emergency purchase for use in the sanitary sewer improvement . project. Rupp seconded.. Ayes m all Berger moved that the truck allowance and cesspool inspection fee for Moritz, Street Superintendent, be efliminated and replaced with a 71 cents per mile truck allowance Rupp seconded. Ayes a all ftmer, Village Attorney, reported receiving the necessary information from Pbarl Peterson for the return of a small parcel of laud deeded to ,the `pillage for recreational purposes. In 'view of the Villages inability to use the property, it was, previously agreed to return the property to Mr, Peterson. War stated the arrangements were now complete and recommended the adoption of a resolution affecting the transfer of propet. Cupp moved,, Luebben seconded the adoption of the following resolutions WHEREAS. prior tot his time 9 Nearl Peterson deeded to the `pillage for recreation purposes the SJ of Lot 4. Block 5 s Parkside Addition and, WBEFEAS, following study and investigation the Council has determined that it cannot feasibly be used fort his purpose. N 9 TBEI EFORE9 BE IT RESOLVED that the Village deed this property back to the donors and the Clerk a nd Mayor are hereby authorized and directed to execute the deed Ayes o a 11 S A letter was received from the John Blomquist Co. with regard to property owned by them on Ide Street. They had agreed to the construction of Ida Street from Ripley south a distance of 330 feet. Because they had recently sold this property they requested that. the agreement be voided and a new a. eement' be made with the new owners of the property who are described as Arthen ®Wah1s9 Inc. O'Mara pointed out that two homes had been built under this agreement for which proper orrangements should be made, The Clerk was instructed to write a letter Xohn E. Blomquist 9 IAA, stating that the Village Council _will release the bond. (.Anchor Bond No. 147804) in the amount of $39375,00 as soon as we determine what arrangements have been made for the property which has already been sold on this street. Memmer reported that he had received a call with regard to the streets being built in Klunes' Crestmoor Addition. It was found that the cul -de -sac necessary in this area had been put on the property of an adjoining property owner rather than on the developer's property, but that proper easements had not been secured. Nelson, Village Engineer, was instructed to contact the contractor and to move the cul -de- sac onto the developer's property if necessary. The Clerk was instructed to publicize in the newspapers that a master plumber is needed for a plumbing inspector in the Village of Maplewood. O'Mara moved, Berger seconded that the Village Sanitary Sewer Engineer be authorized to purchase a man hole blower for use in the sanitary sewer system. Ayes - all O'Mara moved, Rupp seconded that the East County Line Fire Department be granted a 3.2 non - intoxicating ma-It liquor license for one day only, September 7, 1958. Ayes - all O'Mara moved., Rupp seconded that the East County Line Fire Department be granted a bingo permit for one day only, September 7, 1958. Ayes - all O'Mara moved, Berger seconded that the following corrected resolution be adopted vacating the alleys and one street (Sandhurst Ave., formerly 1st Ave., lying between Prosperity Road and White Bear Ave.) in Blocks 5, 12, 21 and 28, Smith and Taylor's Addition to North St. Paul; WHEREAS, the owners of more than 50% of the property abutting on the follow- ing described alleys and streets All the alleys, not heretofore vacated, in Blocks 5, 12, 21 and 28, subject to the rights of the public in Prosperity Road, and E. Sandhurst Ave. ( formerly 1st Ave.) between Blocks 21 and 28 lying easterly of Prosperity Road, all in Smith and Taylor's Addition to North St. Paul, except that part conveyed to Lloyd A. Urban and recorded in Book 1491 of Deeds at page 171, having filed a petition for the vacation of said alleys and street, and WHEREAS, 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 WHEREAS, it appears for the best interest of the public that said street and alleys be vacated, NOW, THEREFORE, BE IT RESOLVED by the Village Council of Maplewood, Minnesota that the following described alleys and streets All the alleys, not heretofore vacated, in Blocks 5, 12, 21 and 28, subject to the rights of the public in Prosperity Road, and E. Sandhurst Ave. ( formerly lst Ave.) between Blocks 21 and 28 lying easterly of Prosperity Road, all in Smith and Taylor's Addition to North St. Paul, except that part conveyed to Lloyd A. Urban and recorded in Book 1491 of Deeds at page 171, be and the same are hereby vacated. Ayes - all Schmid moved the adoption of the following resolutions 58_8_67 i WHEREAS, the Village Council of Maplewood, Minnesota has been contacted by the Board of Ramsey County Commissioners for an expression of opinion with regard to the continuation of the Dlstropolitan Mosquito Control program and, WHEREAS, it was understood by this Council that several years of work would be lieeded before the full effect of such a program would become apparent when it originally urged the adoption of the plan, NOW9 THEREFORE BE 32 RESOLVED by the Village Council of Maplewood, Minn* that it again urges that the program be given the full support of the .County of Ramsey for the year 1959. Luebben seconded. Ayes - all The X4yor requested that a discussion be held on weed control to determine who will answer complaints while Lso Kheder, `Veed lhcpebter, is hospitalized0 It was agreed that the Mayor ' is to contact persons who mi&t be willing to serve daring the interim period and to appoint a temporary replacemento Schmid moved, Luebben seconded that the deputy clerk be authorized a $50 a month increase in salary effective September 19 19580 Ayes .► all Schmid moved, Luebben aconded that Bernice DeRung be authorized a $14 a month In. crease in salary effective September 19 19580 Meeting adjourned at ls-5 A.Mo Ayes - all Forrest Bo Schmid Village Clerk September 4, 1958 The regular semi-monthly meeting of the Maplewood Village Council was called to order by Mayor Luebben at 7,-15 P.M. Other members of the Council present were. 0°Mara9 Berger and Schmid$ absent? none Berger moved that the minutes of the August 21, 1958 meeting be accepted as° submitted. Luebben seconded. Ayes o all Herb Rosenwald, Regional Construction Superintendent for the Standard Oil Company, appeared in reference to obtaining a building permit for a service station on the ' NE corner of Rice and Larpenteur. He presented the proposed plans for the building for the Council's approval, He explained that the sale of the property was contingent upon his ability to secure a building permit, After examining the planso OsMara moved, Luebben seconded that a building permit be granted for a service station on the NE.corner of Larpenteur.Avenue and Rice Street, Ayes - all a Ray Capaul, 1779 Frank Street, appeared with regard to the alley vacation hearing which had been tentatively set for the September 18, 1958 meeting, providing Mr. Capaul presented the proper petition, abstractor's certificate and fee by Monday, August 25th, Mr, Capaul stated that he had been unable to get the necessary papers together by that time but now has them in his possession. Mayor Luebben re -set the hearing to vacate the alley in the Block bounded by Frank, Edward, Ripley and Sophia Streets for October 2, 1958 at 8.00 P.M. Mr, Capaul also asked about which sig. natures are required on the petitions He was informed he would have to have the signatures which correspond to those on the abstractor's certificate. It had also been pointed out to Mr. Capaul's realator that his property was fronting on a 30 foot .street and a question had been raised as to whether building permits could be issued there6 Upon further investigation, it was discovered that the 30 foot ease. ment had been obtained from his side of the street and that a surfaced street does exist. Building permits may be issued on this side of the street only as soon as the alley vacation has been completed, Kenneth Tauer, 58 E. Maryland, appeared to request permission to move a small 4 room bungalow onto property owned by him on English Street between Larpenteur Ave, and Ripley Street, The house is presently located at 345 Victoria, The dimensions of the house are 39 feet by 21 feet, Londin, Building Inspector, explained that it is necessaryo in a case such as this, to have a petition signed by the surrounding property owners approving the proposed move before permission will be granted by* the Council, The house dimensions 31 x 21, equal approximately 800 square feet in area and the Village requirement is 900 square feet for this type of house. Mr. Tauer was advised that the floor area would have to be brought up to the minimum requirements. The matter was referred to Londin for examination of the building for structural soundness and approval. Londin was advised that, if it was necessary, he should return to the Council at their special meeting on September 9, 1958, to clear final approval for the moving and building permit, i Ben Prax, 1811 Kennard, requested information on the reason for the delay in the reconstruction of Kennard St. following the installation of the sewer. It was ex. plained that the sewer line had not been approved, consequently, the street had not been accepted. It was anticipated that inspection of the line would be com- pleted within a few days. Trustee - Berger agreed that the street would be oiled if it was found that it could not be reconstructed within a reasonable time. Jack Lansdell, 1451 E. County Road "B", appeared to complain about the condition of County Road "B". Lj*ungren Village Street Engineer, stated that he had discussed this situation with Dean Anklin from the County and he had agreed to patch the accepted area of County Road "B" which extends from Highway No. 61 east to a point 250 feet east of English Street. This area has been turned over to the County for reconstruction. He also agreed to contact the sewer contractor and ask to have the unaccepted portion of the street graded, after which the Village will again oil it. Albert Hasting, 2556 Holloway, appeared with regard to a request for a street sign and an intersection sign at Holloway and Highway No. 100, which he had brought to the Council's attention about a year ago. He had been advised to contact the County and had done so but nothing has been done to date. He stated that there are also no signs at Holloway and Margaret which is Sterling Street in Maplewood, The Council agreed to have the engineer bring the matter of the intersection and street ,Asigns at Holloway and Highway 100 to the attention of the County and the State, and to investigate the need for a street sign at Holloway and Sterling Street. Pursuant to due call and published and posted notice thereof, the hearing set for 8000 P'6*M. on this date to consider the petition for the rezoning of the E! ,2 of the E-,k of the S4 of the NWT of See. 9, Town 29, Range 22 except the North 24 rods and except the South 290.4 feet of the East 240 feet from Farm Residential to Business and Commercial, was declared open by Mayor Luebben. The Village Planning Commission's, report was read. It recommended approval of the request for rezoning and suggested that in the event the Village Council approves the rezoning for the Drive-In Theater that is planned for this area that Mr. Chet Herringer should be required to present definite plans for ingress and egress to the Highway and that such plans should bear the approval of the State Highway Department. Mr. Herringer stated that he had con- tacted Mr. Zimmerman from the Highway Department requesting preliminary approval and had been told that there would not be any problem because of the service drives presently existing on Highways No. 36 and 61. Mayor Luebben called for objectors to the proposed rezoning. Mr. Napoli, owner of the property involved, stated that he had contacted the neighbors in the area and they were all in favor of this type of development in their neighborhood. The final decision on the rezoning was deferred until the September 9th, special meeting, to give the Council members an opportunity to secure the attitudes of other Village residents to this type of development. Mr. Herringer was asked to return on that date. Mr. Davis appeared on behalf of the State Highway Department and asked to have two resolutions adopted for the improvements proposed on Highway No. 36. They are part of the proposal reviewed at an earlier meeting and had been overlooked .when the other resolutions were approved. Luebben moved, Berger seconded the adoption of the following resolution: WHEREAS the Commissioner of Highways has prepared plans and specifications for the improvement of a part of Trunk Highway No. 118 renumbered as Trunk Highway Number 36 within the corporate limits of the Village of Maplewood from the N.P. Ry. Underpass to east corporate limits; and WHEREAS said plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P. 6211-15 (T.H. 36=118)- 0 and WHEREAS said specifications are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as s,P. 6211-15 & S.P. 6211-16 (3-6--118) Minn. DU 092-1 (8) DU 092-1 (9). which,, together with the Minnesota Department of Highways Specifications for Highway iw Construction, dated Tuly 1, 1917, and Supplement Noe 1 to the Minnesota Depart- ment of Highways Specifications for Highway Construction, effective April 15, 1953, on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway Number 118 renumbered as Trunk Highway Number 36; and WHEREAS copies of said plans and specifications as so marked, labeled, and identified are also on file in the office of the Village Clerk; and WHEREAS the term "said plans and specifications" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and specifications as in the foregoing recitals particular- ly identified and described. NOW 9 THEN, BE IT RESOLVED that said plans and specifications for the improve. ment of Trunk Highway Number 118 renumbered as Trunk Highway Number 36 within the limits of the Village of Map le uo od be and hereby are approved. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and specifications be and they are hereby approved a nd consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 118 renumbered as Trunk Highway Number 36 in accordance with said plans and specifications* . Ayes - all Berger moved, Luebben seconded the adoption of the following resolutions WHEREAS the Village of Maplewood has approved the plans and specifications for the improvement of that part of Trunk Highway Number 118 renumbered as Trunk Highway Number 36 within the corporate limits of the Village of Maplewood from the N.P. Railway underpass to east corporate limits; and WHEREAS in order to obtain Federal aid in the construction of said Trunk High. way Number 118 renumbered as Trunk Highway Number 36 the Bureau of Public Roads requires the assurance that the Village of Maplewood will not suffer any encroachment of any nature or kind whatsoever on the right; of way of said Trunk Highway Number 118 renumbered as Trunk RI ghway Number 36 within the corporate limits of the said Village of Maplewood; and WHEREAS the Commissioner of Highways desires in the interest of public safety that all parking of vehicles on said trunk highway be parallel with the curb and at least 20 feet from any crosswalk. NOW, THEN, BE IT RESOLVED that said Village of Maplewood does hereby agree and covenant that it will never permit or suffer, within its corporate limits, any encroachment of any kind whatsoever, including curb gas pumps and gas stations, billboards or other structures of any kind whatsoever, upon the right of way of Trunk Highway Number 118 renumbered as Trunk Highway Number 36 and to the above end said Village of Maplewood hereby agrees that it will never �A- issue any license, permit, or grant, or give any leave or liberty or any other consent of whatever form for the construction or maintenance of any encroach - went whatsoever, including curb gas pumps and gasstations, billboards or other structures of any kind whatsoever, upon said right of way; and that said Village of Maplewood will cooperate insofar as possible to eliminate existing encroachments constituting traffic hazards and will further take any necessary action to eliminate any encroachment that may hereafter exist on said trunk highway right of way; and BE IT FURTHER RESOLVED that said Village of Maplewood does hereby agree to require the parking of all vehicles on said trunk highway to be parallel with the curb and at least twenty (20) feet from any crosswalks on all public streets inter- secting said trunk highway within the corporate limits of said Village of Maplewood. Aye s ® all A. E. Vontrat, 1955 Kingston, appeared to ask what reimbursement he could obtain for his costs in making a connection to the sanitary sewers. Mr. Vontrat °s basement level is lower than that of the other homes in the areas consequently, the line in the street is not at a depth sufficient to properly serve him. It was necessary, with the aid of Londin, Building Inspector, to work out a special arrangement which will add to Mr. Vontrat °s expense of connecting. It was explained to Mr. Vontrat that this matter would not be considered at this time but would have to be taken up with the Assessment Board at the time of the assessment hearing which will be held some time next year. He was assured that he would receive consideration at that time. Lawrence Schwartzbauer, 2000 Dieter Street, appeared on behalf of the Lawrence Kaiser Post No. 8901 of the VFW to request a turkey bingo permit for November 21, 1958 to held either at the Gladstone Fire Hall or at Gausman °s North Star Hall, 1164 Frost Ave. O'Mara moved, Berger seconded that the permit be granted. Ayes - all Mr. Robert W. Moore, Sanitary Sewer Contractor for Project No. 2 and 3, requested information concerning the agreement with the Northwestern Bell Telephone Company for the proposed move of the sanitary sewer lines in Minnehaha Ave. Mr. Moore reported that he had been advised by the sanitary sewer engineers that he could not begin work until the agreement is completed but that he was ready to start work immediately. Memmer, Village Attorney, reported that the agreement has been de- livered to the Telephone Co. and that they indicated that they would have it back soon. Memmer stated that he would contact Ed. Kishel, Consulting Sanitary Sewer Engineer, to correct the situation. Mrs. Peterson, Deputy Health Officer, reported that Mr. Schwi.nn, 234,E Carver Ave., whose attorney had written a letter concerning the Carver Ave. health problem, has installed a complete new sanitary system thus eliminating part of the difficulty. She reported that she is continuing work to determine if any further action is necessary. Mrs. Peterson also reported that the trailer at the rear of the Frost Meat Market has been removed, a temporary incinerator of concrete blocks has been built, the screen door installed on the back door of the market and the anterior cleaned. She felt that this problem was now under control. Londin, Building Inspector°, reported on Mrs. Edstorm °s home at 1898 Phalen Place with regard to the garage with a residence above. He reported that the residents of that home had been asked to move and that he will follow through to see that they do so within a reasonable length of time. He had found that it was not possible to consider the remodeling of the garage building for residence purposes. Perry Shortridge requested a building permit at 1858 Adele Street. There had been a question about granting this permit as Adele is not an approved Village Street. Londin stated that the sewer had been installed by there and a wye had been placed for this property. He was advised that it would be necessary for Mr. Shortridge to sign an agreement that he would ask for no maintenance on this street and would not object to an assessment for the street at such time as the Village Council would deem it adviseable to construct the street, as had been done by the other resident on this street. The matter was referred to Memmer, Village Attorney, to complete the necessary agreement. Londin, Building Inspector, reported that New Brighton Plumbing had completed the cesspool work in the Evans' City Heights Addition according to the Building Code. After further discussion on the matter and the fact was brought out that it appeared that the Plumbing Co. was taking out permits but not doing the work, Berger moved, Luebben seconded that both New Brighton Plumbing and Evans be requested to appear at the September 9, 1958 meeting to explain this situation. Ayes - all The applications for Plumbing Inspector were reviewed by the Council. It was de- cided to employ on a temporary basis, William A. Jastrow, 1326 W. Minnehaha. Mrs. Peterson asked about 4 trailer parking permits which had expired for which no renewal was allowed. She was told to give them notice to move immediately and if they failed to do so she could bring them into Justice Court. Al Bergstrom from Northern States Power was present with regard to a request that one of the Village sewer lines would be offset approximately -6 feet in County Road "B" to accomodate a 2011 gas main. It was pointed out that offsetting the line would force later offsets in water and possible storm sewer as well as the sanitary sewer, There is also a 6 inch line in the street which Northern States Power will agree to move at such time as a municipal water system is constructed in the Village. O'Mara suggested that any additional cost incurred by the Village in offsetting the sewer should be paid for by Northern States Power Co. Mr. Bergstrom indicated that this would probably be agreeable to his company. Luebben moved that the proposal of Northern States Power Co. to move the sanitary sewer line to accomodate a 20 inch gas main in County Road "B" be accepted, if possible, subject to reimbursement by Northern States Power for any additional costs incurred. Berger seconded. Ayes - all Berger moved, Schmid seconded that Northern States Power Company be paid $11,294.86 for disconnection and reconnection of services necessitated by the sanitary sewer installation. Ayes - all O'Mara reported on a letter from Andrew Shuster requesting that he be allowed to connect four homea, built as a part of his Dalton Park Addition but situated in Maplewood on Radatz Ave., to the North St,, Paul Sewer System. Kishel, Consulting Sanitary Sewer Engineer, reported that he had discussed the matter with the City of St. Paul Sewer Department. They have granted such permission only under exceptional circumstances, However, if the Municipality involved would initiate the request they will consider it. Berger moved, Luebben seconded the adoption of the following resolution-, 58 - 9 - 70 RESOLVED, that the Village of Maplewood inform the City of St. Paul and the Village of North St. Paul that sanitary sewer service can be physically pro- vided in the Radatz Avenue area adjacent to North St. Paul but will probably not be provided for an indefinite period-, BME-1, IT FURTHER RESOLVED, that the Village of Maplewood has no objections for four model homes constructed by Andrew Shuster in the Village of Maplewood to make a temporary connection to the North St. Paul sanitary sewer system. However, any persons making such a connection will be required to connect to any future Maplewood sanitary sewer constructed in this area and such persons will be subject to normal assessments for such improvement. Ayes - all Londin, Building Inspector, brought up the matter of a sewer connection on Ripley, between Clarence and Curve Streets, where the original plans had omitted a connection for this individual home owner. When arrangements were made to extend the line, it was extended to Curve St., beyond the point necessary to serve this home. It was pointed out that this was done so the line may be extended around onto Curve St. to serve the lots facing the Northern Pacific Railroad tracks at some date in the future. The homeowner is to be informed that he will be assessed only for the frontage of his property rather than the side lot on which he plans to make his connection. After a discussion of the failure of Carlee Jean Sax to close the Scandinavian Nite Club after the Council0s notification to do so, it was decided to arrange a hearing on this matter to give the licensee an opportunity to be heard. Berger moved that the Clerk be instructed to inform the operator of the Scandinavian Nite Club to appear at 9-.00 P.M., September 9, 1958, to show reason why her license should not be revoked. The letter is to be delivered to the licensee by constable. O'Mara seconded. Ayes - all Berger moved that the Village Attorney be authorized to begin condemnation proceed- ings, if necessary, on the following described property for the purposes of road construction.- 1. Owner; Edwin Edward Piper - N 22 feet of S 55 feet of S 2/3 of the Wig of the E 3/4 of the SA4 of the NE1 of See. 36, Town 29, Range 22. 2. Owner-, Frank and Gladys Giampolo - That part of Lot 159 Block 2, Minty Acres south of line beginning at a point on W line of said Lot 15, 22.feet N from SW corner thence SE to point on S line of said Lot 15, 200 feet E of SW corner. 3. Owners Arnold 0. Jacobson - That part of W2 of Lot 5, Block 7, Farrells Addition south of line beginning at point on S line of said lot, 144 feet E of SW corner thence Northwesterly to point on W line 6 feet N from SW corner. 4. Owner: Eleanor Rossenberg - Lots 1, 2 and 3, Ellen Grove. Luebben seconded. Ayes ® all Memmer, Village Attorney, reported on the property at 1699 Jessie Street. Memmer had determined that the State can do nothing until 1960 in declaring the property tax forfeit. The attorney for the owner of the property stated that the owner is destitute consequently there is no legal action possible.to force the owner to remove the building, Memmer advised that the least expensive course would be to dismantle the building by using Village forces, OOMara moved, Berger seconded that the Village Attorney be authorized and directed to begin condemnation proceedings, Ayes ® all Trustee Berger reported that he and L'ungren had met with Mr. Crampton of the Ramsey County Highway Department to discuss McKnight Road. Mr. Crampton agreed to arrange for the acceptance of McKnight Road by the County for maintenance purposes. Memmer reported that he had heard nothing from the City on the shooting range, Memmer agreed that h ' e wuld call the Chief of Police, to whom his letter had been referred, to determine what action, if any, had been taken to eliminate the range. Following a brief discussion of the taxes to be levied under the provisions of the Sanitary Sewer Improvement Bonds. Luebben moved, Berger seconded the adoption of the following resolution.- 58 - 9 - 71 RESOLVED, that the Clerk be and hereby is instructed to prepare and address a copy of this resolution to the Ramsey County Auditor informing him not to levy the proposed general obligation tax in the amounts Of $ 32,100 and $41,,990 as previously certified to him for Maplewood Sanitary Sewer Bonds of 1958, Series 1 and 2, respectively. Ayes - all Luebben moved that the dog leash law be extended to a twelve month period. Berger suggested that the matter be laid over and discussed with various individuals until the next meeting. Motion died for lack of a second. The Village Engineer's letter was read regarding the completion of the project on Bittersweet Lane from Edgehill Road`to E. Demont Ave. in the Crestmoor Addition. The total construction cost was $4,670,,90. The report stated that the engineer had made the final inspection of the work and found that it had been fully completed in all respects according to the contract. He recommended that final payment be made from the escrow fund for these streets in Crestmoor Addition. Berger moved that the Village Engineer's report be approved and payment be made in the amount specified. Luebben seconded. Ayes - all Ljungren reported the completion of the setting of preliminary street profiles for the location of the new Junior High School for the North St. Paul School District. Because a portion of it extended into North St. Paul he suggested that a copy of the profiles be sent to the North St. Paul Council for their information. Following a'brief discussion as to whether or not the Village of Maplewood should join the League of Minnesota Municipalities, O'Mara moved, Berger seconded that the following resolution be adopted-. 58 - 9 - 72 RESOLVED, that the Village of Maplewood join the League of Minnesota Municipalities and pay the required annual dues in the sum of $361.00 for the year beginning September 1, 1958. Ayes ® all The Clerk read an application for an off-sale, 3.2 non-intoxicating malt liquor license submitted by E. E. LeFebvre, 1800 Bradley, for his grocery store at 1741 Edgerton Street. Berger moved that the license be granted subject to favorable — reports from the Fire, Police, Health and Building Departments. Schmid seconded. Ayes - all 0 °Mara moored, Luebben seconded that the petition for an are light on the corner of Ferndale and Geranium be referred to the Engineer. Ayes m all O'Mara moved, Luebben seconded that the Clerk be authorized to set up another test for election judges and clerks. Ayes - all The Clerk read the request of the band Cozmnissioner to the Council with regard to parcels which were declared tax forfeit on July 23, 1958 for nonpayment of taxes. The Statute governing the sale of tax forfeit land requires the approval of the classification of the land as non conservation by the governing body of the municipality in which it is located before it can be offered for sale. The two parcels involved are0 1. Subject to widening of STH No. 61 -1, part of S 80 feet of N 827 feet of SE-i4 of SE, westerly of center line of said STH in Sec. 4; and 2. Subject to widening STH No. 61 -1, part of N 85.2 feet of S 490.2 feet of SE of SEt westerly of center line of said STH in Sec. 4. - The matter was referred to the Engineer for investigation and report. Meeting was adjourned at 12010 A.M. Forrest R. Schmid Village Clerk September 9. 19.58 A special meeting of the Maplewood Village Council was called to order at 7 :35 P„M. by Mayor Luebben, Other members of the Council present were Berger and Schmid-, absent s 0 BMara. Pursuant to the provisions of an advertisement for bads properly published in the Of'f'icial Village Newspaper, Mayor Luebben declared the meeting. opera for the con. sideration of bids received for the improvement of Conway Ave. from a paint 2000 feet east of McKnight Road to Ferndale by grading, gravel base and storm sewer construction. The following bids were receiveds Bidder Total bid Accompanied by Herbst Const. Co. $699617.58 Baal bod in the 8180 Eastwood Drive amt. of 10% of bid Minneapolis, Minn. a Bidder Total Bid Accompanied by Beatson & Kelly., Inc* .$689902,16 $100000 proposal bond 1034 V- d.plifornia Ave* St. Paul 17, Minn* Frank Se rratore. $629284487 .$69-500 proposal bond Eo -Seventh Ste -St. Paul 69 Minn* Lametti & Sons* Inc* Proposal bond in 211 N. Pascal Ave. amt* of 10% of bid St. Paul 4. Ydnn. Avoles Contracting Co. $5809,0.17 Bid bond in amt. 779 E. Seventh St. of 10% of base bid St. Paul, Minn. T. Pe Sinna & Sons, Inc, .$67,2753,11 Bid bond in amt* 4041 No Victoria of $6.800 St. x?aul 12-# Minn. Luebbes moved that the bids be referred to the Engineer for tabulation and report. Berger secondedi Ayes - all Pursuant to the provisions of an advertisement for bids properly published in the Official Village Newspaper,, Mayor Luebben declared the meeting open for the cones sideloation of bids received for the improvement of Frost Ave :ftm English Street to Ide Street by widening and concrete curb construction* -The one and only bid received on this project is froms .Bidder Amount cE Bid Accompanied .by To A* aWif sky 4- Sqna $15,0234*40 Bid bond in amt* 361 E - 'County Road E of 10% of bid Luebben moved, Schmid - seconded that the bid be referred to the Engineer for tabulation and reporte Ayes - all Pursuant to the provisions of an advertisement for bids properly published in the Official Village Newspaper, Mayor Luebben declared. the meeting open for the con. sideration of bids received for the improvement of the following streets: ,:Sandhurst Ave* -from Flandrau Street to Prosperity Road, Laurie Road from Flandrau to Prosperity Road, Lark Ave. from Flandrau Street to White Bear Ave.,, Burke Ave. from Kennard Street to Prosperity Road and Kennard Street from Burke Avee to County Road N.B" by grading and gravel base construction* The one and only bid received on this project is from: Bidder Amount of Bid Accompanied by David O. Gullifordq Inc* $9,61x1.70 Bid bond in amt* of 10% of bid Luebben moved, Schmid seconded that the bids be referred to the Engineer for tab - ulat ion and report. Ayes - all Mrs. Peterson, Deputy Health Officer, reported on a McClellan Street health problem. She reported that the dra inf ie ld slopes to one corner of the lot involved. The tank intended to take the overflow is at the opposite end and, cannot be properly utilized. She has arranged, after prolonged discussions with the owners, to have a tank installed on the corner in line with the true slope. However they have repeatedly failed to comply. The Council agreed that the people are to be instructed to correct the situation within 10 days or they will be brought into Justice Court-to answer for their failure to do so. Londin, Building Inspector, reported on the house which is proposed to be moved in from Victoria Street to English Street between Ripley and Larpenteur .Ave. He stated that the building has 2x6 joists and that he had informed the owner that it would be necessary to replace the joists with 2x8°sp The owner has also been informed that an addition must be added to bring the house up to the code minimum and a petition of the neighbors provided permitting the house to be moved into the area. The Building Inspector was advised that it would be satisfactory with the Council if a sufficient number of people within 500 feet of the area agreed and that he should use his discretion in making the final decision. Bob Tune ll, New Brighton Plumbing & Heating, Inc.,, 939 5th Ave . , New Brighton, appeared at the Council's request. It had been reported that this firm was securing permits and allowing others to do the work. Mr. Evans accompanied Mr. Tunell. He explained that New Brighton Plumbing is sub - contracting the excavation work to Bob Evans who has the equipment on the property and then New Brighton Plumbing °s men do the actual pipe laying and tank installation. When the job is completed and inspected, Mr. Evans then backfills the excavations. In view of the explanation offered, the Council felt that no further action was necessary in this matter, but warned the Company of the seriousness of such an offense. Trustee O'Mara arrived at the meeting: at this point. Mr. Chet Herringer appeared with regard to the re- opening of his petition for re- zoning. He explained in further detail his plan to construct a drive -in theater on the property concerned. Mayor Luebben asked if the Council wished to discuss the rezoning further. There were no further questions. He then called for objections. Hearing none, Luebben moved that the Planning Commission's re commendat ion favoring the rezoning of the EJ of the EJ of the SEI of the Nit? of Sec. 99 Town 29, Range 22 except the N 24 rods and except the S 290.1 feet of the E 240 feet from Farm Residential to Business and Commercial be accepted and that the proper procedure be followed for the rezoning of this area. 0 °Mara seconded. Ayes - all Mayor Luebben then introduced the members of the newly formed Industrial Develop- ment Committee and W. Guy J. Ke lnhofer, Community Planning Advisor with the Minnesota Department of Business Development. Committee members present were: Robert flick, Cortland Blomstrand, Jack Lennartson, Erving Anderson, Harold Prust and F. E. Truax, Mr. Kelnhofer discussed with the Council those points which he felt would aid Maplewood in attracting industry. It was learned that many things which he assumed had not been done by the Village had already been completed. He suggested that further refinements be made of our plans and suggested several - changes that might be made to better our position in attracting industry. The committee reported that they had made contact with the major rai John McNulty, Civil Defense Director, reported that the training course is progressing very well. He also asked that the status of the volunteer fire departments with relationship to the Village be clarified and this information be passed along to Colonel Schon, head of the State Civil Defense. It can then be determined whether equipment can be secured for the five departments on a Federal, State, Village matching fund basis. Mayor Luebben, in view of the fact that he has temporarily assumed the duties of our resigned trustee, agreed to contact Merrmrsr, Village attorney. They will make arrangements to explain the legal aspect of the Fire associations relationship to the Village to Colonel Schon, 860 E. Hawthorne Ave*, St. Paul. Robert Westbrook, Chief of the Parkside Fire Department, stated that he had re- ported to the Chiefs of the East County Line and Gladstone Fire Departments that they had acquired 9j acres of land for use for the Parkside Fire Department. He asked if the report of the investigating committee had been turned in. So far as the Council could determine it has not. Mayor Luebben explained that the principle concern of the Council will be with the matter of whether the State Fire Marshall will consider the protection which they intend to provide as adequate for the people of the area. It was also pointed out that we are under cont:nact to the Little Canada Fine Department until December 31, 1958. He was advised to prepare his preliminary plans and estimates of costs for presentation to the Council at the special budget meting which is set for next Monday evening at 8:30 P.M. Sylvester X. Tauer, 2012 Barclay, stated that in the process of grading and im . proving Barclay Street a drainage problem had been created. He also reported that access to the pr-jivate driveways had been made difficult and in some cases impossible. Trustee Berger agreed to have the Village Engineer look the situation over and take whatever corrective action is necessary when the road equipment returns to the area next week. 0 Ray Wallek, 1984 Barcley, was also present and stated that his driveway also needed some corrective work. He was given the same assurance as Mr. Tauere Donald C4; Ca.mpa, 2454 English Street, had given the Village a 30 foot street ease. ment for use in the installation of the sewer. He was now concerned whether he would be assessed for this property when the sanitary sewer assessments are pre. pared, He was informed that he would be assessed only for the frontage which would not include the 30 feet he had deeded to the Village. ,Lawrence Wilhelm., representing Northern States Power Co., appeared to discuss with the Council the placement of a new high voltage power line as proposed by his company* Trustee Berger asked if he could wait until Ljungren, Village Engineer arrived. Mrs. Granger, 1839 Birmingham, reported that she has a vacant lot along side her property which has her dry well on it. She stated that a culvert has recently been placed under the street causing the surface water from this are to drain into this lot. She stated that this was not the manner in which the drainage had been handled previously. She was also asked to wait for the Village Engineer. Trustee 0 °Mara explained that a `Northern States Power Company request for an offset of 6 feet in the sanitary sewer line to accomodate a 20 inch gas main authorized by the Council at its last meeting had been discussed further. The consulting sanitary sewer engineer had recommended that the offset begin at Hazelwood Ave. and continue east* Northern States Power Co..had then requested that the offset instead begin at Kennard St. in order to avoid moving a 6 inch line in the opposite side of the street. An agreement was reached with Northern States Power Co.,to move the 6 synch line as recommended in order to maintain a consistent sewer Line offset o O'Mara moved, Berger seconded that the Northern States Power gabs line problem be solved according to the recommendations of the Consulting Sanitary Sewer Engineero Ayes a all O'Mara moved the approval of payment certificate Nob 4 to Barbarossa and Sons in the amount of $194035.00o Berger seconded. Ayes - all O'Mara moved the payment of certificate No. 5 to Robert W. Moore for Project No +3 in the amount of $69,434.50. Luebben seconded. Ayes - all 0 °Mara moved the payment of certificate No. 5 to Robert W. Moose foz Project No. 2 in the amount of $19 n 2.35 o48. Berger seconded. .Ayes - all 0 °Mara moved the payment of certificate No. 5 for Project No. 1 for- larnetti and Sons in the amount of $7,4',,975o68* Luebben seconded. Ayes - all O'Mara moved the payment to Northern States Power Co. in the amo=,,t of $1,478,68 for disconnecting and reconnecting gas services for Lametti and Sans for August, 1958, made necessary by the Installation of sanitary sewer. Luebben seconded. Ayes Aall 0 °Mara moved the payment to Northern States Power Co. in the. amount of $75.73 for di s e-onn €acting and reconnecting gas services for Robert W. Moor; for the month of August, 1958, made necessary by the installation of sanitary sewer. Berger seconded. Ayes a all A letter from Herman Kottke, North St. Paul Village Clerko was read pertaining to the request made by Andrew Shuster for sanitary sewer connections for four model homes in Maplewood to the North St. Paul system. Mr. Kottke reported that, contrary to the understanding of the Maplewood Council, Mr. Shuster had not received approval of the proposal .from the North St. Paul Council. They agreed, however, to await the decision of the St. Paul City Council before making a definite decision in this matter. O'Mara requested a report from the Village Attorney with regard to the Moore, Telephone Co., Village agreement. Mayor Luebben jand Mermen Village Attorney, reported having met with Mr. Moore and Dean .Anklin of the County Engineer's office. At their meeting a favorable agreement wasreached on the resurfacing of Minnehaha j Avenue after completion of the installation of service connections. They reported that Mr. Anklin did not feel that resurfacing with concrete would be necessary but that compaction and bituminous surfacing would be adequate for the present time Mr. Anklin informed them that the County has plans for resurfacing Minnehaha Ave. ' next year. With this reassurance, Mr. Moore agreed that he would complete any necessary repairs without cost to the Village. It was felt that if this is the case the Council could authorize Mr. Moore to undertake the sanitary sewer - installation. Luebben moved$ Berger a000ndac� that the Owon-gulting Zanitary *Qvpr Engineer be authorized to stake Minnebaba Avenue ap-oord-14f, to the revised p1aA-,O After further discussidn it was felt that the repairing agreexont Phould be redl;CP4 to writing., Berger -moved that the previous motion ba amended to -read that the original agreement be held by the Attorney until a fim agropm ent . is reached with Moore with regard to street repairs on Minneha4a Avenu-e,* Uebb-on seconded,. Ayes Pe,,rW,. Abstained -0 %ara Mayor Luebben then called for a vote on the original motion as amendedA Aye Berger due bbo Abstained ": 0 With the arrival of Ljungren, Consulting Street XingiAemr., Krp , ;qren ger was aq,�,ed to restate her problomt Ljungren stated that h yeti. Berge ,p had not vlowod the a y, moved that the Village, Engineer be instructed the PrOleig A aetermtw d to view and what action should be taken. Luebben opeeQndedt Ayes ,r ail Mr,, Wilhelm from Northern States dower Qo,q, petU ..r,n,d with regard to then power dl line on Ferudales, Trustee Berger felt that the installetion of n1ajQr lines on both sides of the street as proposed would be. an imposition on the -resido4tis! He suggested that the line follow the route of the proposed nQrVhrsQuth road to be utilized* This was felt to be a possible sQluti.ou and the Northern States mower Company representative agreed to discuss it fqrthevv, Lxebb*4 moved that the matter of the Northern Mates Power igli one be refepre 4 to Tpqqtoo Pe:rger and Schmid secondedi, Aye .9 n a I I The matter of a proposed extension of the jeaeh law was .44904M(I at same jjp4gth? UMA 8 C It was decided to investigate a possible ordi ,peApe proposO 1PY the h- 40 9 10t).r which requires the registration of owners rather than dog lipp'noppo merger moved that the matter be referred to the Village Attorney for #1vP,9t49attQg qnd rpPQr-�t? Luebben seconded. Ayes - all Ljungren reported on the Conway Avenue Improvement Project u nder which -h q; it te proposed to construct Conway Avenue from a point 2000 feet east of 1 .4 gh Road a R 4 to Fer, d 1p Memmor and Ljungren reported that they had discussed the e4pew-rit necessary from the Ascension Cemetery property with a representative of that group,. and had rece ive,,,.,. assurances from them that they could make the necessary arrangements. Minnesota Mining had assured them of their cooperation in be ginning qQxiptr4otioU* IJ4ngro4 pointed out that prompt action was essential in order to complete the project during the current construction season. This matter was laid over until the special meeting to be held on Monday to give the engineer and OOPAOY an opportunity to get a waiver of trespass from Minnesota Mining and A0,9m,4404 Qeter;r go work s = could begin on the project# Londin, Building Inspectorg brought to the Council fs attention ca building permit for a service station at BrookTiew Drive and Highway No. 100. The area is presently zoned Business and Comrmroial. Luebben moved, Schmid seconded that the plans be referred to the Planning Commission for investigation and report,, Ayes - all Londin also reported on the Certified Well Contractors Association, The code by which this group governs itself was read. The Council felt that the points included in the code were worthwhile and should be considered for inclusion in the Village Building Code. The Building Inspector was requested to make a more thorough study of the matter and bring his suggestions to the Council at a later date* Berger moved that the Village Engineer be authorized to purchase a set of pre.-cast steps without rails for his office. OQMara seconded. Following a magge.3tion of Memmart, Vll'lage- Attv-"Onrj'ey, Soxald, imc),rcd A�,Le of a $25.00 fee to be charged the pupal .e for all ag.re-es ent. otherW1.se provided for by ordil-0'ance or reoulation to coo,,,rer K""�"toxmey :;'ees xand and clerical fees. Duebban seconded. all The Clerk rp.ad a -letter from the Depart�mant of Pnlln�lic safe;tgy -_faegarll t'l, rifle range wh,1_c'h ha�s been eata-blished. on the 'WOZ 0 U SO PrOPO MJEU 01, Lz.,ebbe::,. that he and Memmer hal jrp,-4 ,_e_ .tl 4.11'_U of Pub'11e- Tjie-y. had re.'i?iewed Chle-2" P'JNoC-t':: repo��t- U0 which thp--t tlae Of ir"""'J's 'tn-"'nge an ve"t-IL", v"i' St. Paul Poll&'cn� Derpagtr-aie;:,.t ai.Ad wao, intayid,,..'d to not but M.T),Iewocll. ntha':� Po'Lice �")ff ica'+�-"ri-'; 'Yttw was al's'a' J that 1.t be �asjed for train-Ing 'ay)"der t'ha nee 6�-�.,fety proFgraat. t)f the proposed LL11 Coune,11,11 f 1. it s'h.ould be decided b,,y- residents of tae Rrea concemn-0.. Berger moved that a public hearing be held and the people of the area within J mile of .the proposed range be notified of this hearing. Permission to continue to use the range for 60 days to be sent to the Police Department. -Schmid seconded. Ayes - all Mayor Luebben set the hearing for 800 P.Ma on October 309 1958. Ljungren reported on the tax forfeit land referred to him at the last meeting. The two pateels involved were described as follows: Subject to widened STH 61-1: part of the S 80 feet of the N 827 feet of the SEJ of the SEJ Westerly of the Center line of said STH in see, 49 Town 29, Range 22g and Subject to widened SrH 61-is part of the N 85.2 feet of th& S 490.2 feet of the SE of the SE westerly of Center Line of said STH in see, 49 Town 299 Range 22* He reported that the highway department is taking most of the property and as a result the remaining property will be too small for any practical purpose. The owners un- doubtedly failed to pay the taxes for this reason. He recommended that the Council release the two parcels involved. Berger moved, Schmid seconded the adoption of the following resolutions 8 -9 -73 WHEREAS, the Board of County Commissioners of Ramsey County by resolution dated August 1.89 19 8 classified as non- conservation land certain parcels lying within the limits of the Village of Maplewoods and, WHEREAS a certified copy of the classification resolution, together with a list of the land cl.assified9 has been submitted for approval of the classi.fi- ca.tions and sale of the land classified in accordance with MSA, Sec. 282 #01, Subdivision 1$ NOW TBEREFOFE BE IT FESCLVED that the classifications of the land shown on sai4 list as non - conservation land and the sale thereof be and hereby is approved � and, 31 IT FUWHER IESOTWED that the Village Clerk be and hereby is directed to file a. certifi -ed copy cf this resolution in the coflffoe of the County Auditor# Ayes - all Ljungren repotted on the bid subs -tted for the Pfl,rrager's Addi.tiot and a" itry and Taylor °s Addition. to North t. Paul for road improvements. He stated that he had discussed it with the owners of the property and they had agreed that the bid was in line, = ". n recommended that the award be made fore that portion, of the pro- ject :covering Pfl.ueg-eres Addition for which the escraw money has been provided and that the award car, Svd-th. and Ta. loy ° s Addition, be the ld �anti l the e scrolff funds are paid to the Village. Berger raoved, Luebben seconded the; adoption of the, following resolutions (.� 8 749 oe% 1J �FyC �r,var°jsejment for bids for the 'improveLnnramt of B, the Ave. from th -. east 1111.n,., of Kennard Street to the; west line of PrOs -a °itm Road and Kennard Street from the north line of Burke Ave-'to the south line of County Road "B" by oradingg graved bases and sanitary sewer, bids were re- ceived, opened and tabulated according to law, and the following bid was received complying with the advertisements, David 0. Gulliford - $49447a30 AND WHEREAS, it appears that David Go Gulliford of David 0. Gulliford Co., Inc* is the lowest responsible bidder, NOW THEIEFORE, BE IT RESOLVED BY TBE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with David 0. Gulliford of David 0. Gfilliford Co., Inc. in the name of the Village of Maplewood for the improvement of Burke Ave* from the east line of &nnard Street to the west line of Prosperity Road and Kennard Street from the north line of Burke Ave. to the south line of County Road "B" by grading, gravel bases and sanitary sewer construction according to the plans and specifications therefor approved by the Village Council and on file in the office of the Village Clerk* 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 success.. £ul bidder shall be retained until a contract has, been signed. Ayes .. all A petition in the form of a letter was received from the Donnay Construction Co.,, Inc. requesting that the Village of Mapleuv oO. construct the following named streets by grading, gravel base and bituminous surfacings Blackfoot Road from lath Street to the East boundary line of the plat, 4th Street approximately from Shoshone Road to Black.. root Road, All are only partially within the Village of Maplewood with the balance in North St. Paul. The question was raised as to ,where they proposed to install the sanitary sewer line in these border streets. Memmer, Village Attorney, was re.. quested to contact the North St. Paul Council to work out an appropriate agreement for the construction of streets and the installation of utilities in boundary streets. Details of the agreement are to be decided by representatives from each of the Villages and appropriate recommendations brought to the Council for final actiono A letter from Harold Sax was read which requested a license transfer from the Scar,dinavian Club, 1682 Rice Street to 339 Century Ave. Luebben moved ithat a letter be addressed to Mr. Sax stating that there is no license held in his name and, if he is referring to the one which was held by his wife, that license was re.. yoked following their failure to appear at a hearing set to take action on the prop. posed revocation, O'Mara seconded* Meeting adjourned at 12:30 A,M. September 22, 1958 Ayes -all Forrest Be SchmidR Village Clerk A special meeting of the Maplewood Village Council was called to order at 8s45 P.M. by Mayor Luebben. Other members of the Council present were O'Mara, Berger and Schmid, absent,. none. Ljungren, consulting Street Engineer, reported on the progress made in arrangeing for the Conway Ave. project. The storm sewer work under the contract has been re- duced to the minimum possible. A letter from Minnesota Mining and Manufacturing Co. was received granting permission to begin work before the final easements can be arranged. Memmer, Village Attorney, reported that final arrangements with the Arch.• diocese of St. Paul are near completion on the Ascension Cemetery property. Luebben moved, O'Mara seconded the adoption of the following resolutions 58 -9 -75 WHEREAS, pursuant to a f Advertisement for bids for the improvement of Conway Ave. from a point 2000 feet east of McKnight Road to Ferndale Ave, by grading, gravel base and storm sewer construction, bads were received, opened and tabulated according to law, and the following bids were received complying with the ad.. ve rt i sement s Avoles Construction Co. $589968.09 Frank Serratore 629284.87 Lametti & Sons 63 038 -•99 I.P. Sinna & Sons 68038.11 Beat son & Kelly 689875,16 Herbst Construction 72 ;385.43 AND WBEREAS, it appears that A. W. :Avoles of Avoles Construction Co. is the lowest x'e spon-si ble bidder, NOW THEREFORE . BE IT FESOLVED By THE VILLA32 COUNCIL OF MAPLEWO OD, MINNESOrAs 1. The maay or and 2lork are hereby authorized and dzrected to enter into the attached contract with A. W. Avt y,.les of Avoles Construction Co. in the name of the Vipage of Maplewood for the i.mprOvement of Cc) way Ave. from -a point 2000 feet east of McZni.g�!.t Read to Ferndale Ave. by gr.d1ng, gravel base and storm sewer cons ctio ,acs; �rdi �g to the plans, and spe cif 1.cations therefoa? a.ppoved by the Village Cou:ae , as subseque�luly mo(o i:!`Cied arid, subjevv `o the p5.::)— eurement of the necessary easement,,3 .req -(fire l x or -:'rue e.)mplet`&oa of the project, and on file in the office of the Village Cle:zk. 29 The Village Cie= -k is b e »espy a zthorized and dire —eted to retur ,,:.i forthwith to all bidde--s the made with the-11.r buds, except that the deposits of the Successful aad t9 h e next lowest sn.t.1y 6 . be tze taine �±. n a1,1- ..'1 a contr a ct ha's si.g;:"e'l.. Ayes - a 11 A discussion was held on the awarding of the Frost ,4ve. project. O'Mara pointed out that the sewer work has not been completed on Frost Ave. and that he did not feel there would be sufficient compaction to let the bids. Ljungren, Village Consulting Street Engineer, stated that there was only one bid on the project and that the bidder was not too anxious to accept the project because of the short time left. He recommended that the bid be let immediately if the work is to be completed before the construction season ends or that the project be dropped for this year. After further discussion on the uncertainty of being able to complete a satisfactory Job this year, O'Mara moved that all bids be rejected on the Frost Ave* improvement. Luebben seconded. Ayes .. all rho'. ,matter of `the proposed exteris•ion of English Street north of Highway •No. 36 was adiscussed. The Council felt action should betaken at this.time to gel this ,prtJoet under way. Berger moved -, Schmid seconded the adoption. of the following :resolutiorit. , 1 s • . � , WHEREAS, it is proposed to improva *English Street between the north lime of Highway No, 36 and the south line of County Road "C" by grading, gravel base 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 4299111 (Laws 1953, Ch. 398, as amended), NOW 'THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF M:APLEWOOD,. MINNESOTAs That the proposed improvement be referred to Milner W. Carley and Associates for study andthatthey are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed im. provement 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 3ungren� CQpsulting Street Engineere stated that he had been contacted with regard to this extension of English Street by the property owners in that area and, as a result, had a preliminary report ready, He reported that the proposed improvement is feasible as proposed and he estimated the cost to be approximately $54,670.00,6 Berger moved, 0 °Mara seconded the adoption of the following resolutioh: 58 -9-77 WHEREAS, pursuant to resolution No- 58 - 9 - 76 of the Council adopted September 220 1958# a report has-been prepared by Milner W. Carley and Associates with re- ference to the improvement of English Street between the north line of Highway No. 36 and the south line of County Road "C" by grading, gravel base and storm sewer construction, and this report was received by the Council on September 22, 1958. NOW'THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1, The Council will consider the improvement of such street 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. Stats., Secs. 429.011 to 429.111 (Laws 1953, Cho 398, as amended) at an estimated total cost of the improvement of $54,670.00. 2. A public hearing shall be held on such proposed improvement on the 30th Q day of October, 1958 in the Council Chambers of the Village Hall at 8 :30 P.M.,, and the Clerk shall give published notice of such hearing and improvement as required by law. 4, Ayes o all Mayor,Luebben then opened the meeting to the consideration of budget requests of the various Village departments. Robert Westbrook,.Parkside Fire Department Chiof, appeared with regard to a proposed contract for services, They reported their arrangements for land and building were completed to the point where a commitment from the Village was necessary. After a discussion of the needs it was suggested that a contract be drawn with the Parke side Fire Department for $6,000 and a budget amount of $7500.00 be set to allow for emergency needs. The representativ®s of the Parkside Fire Department felt that this would be a solution to their problem. Memmer, Village Attorney, was instructed to provide them with whatever agreement was necessary to finalize their arrangements. They also felt that it would be an adequate amount to begin operations and agreed that the amount set was not to be considered a precedent for future budgets. The Gladstone Fire Department agreed to answer all dwelling or building fires and to answer any other calls upon request. This information is to be included in the contract. The Council then considered the request of the Gladstone Fire Department. The Council agreed to absorb the cost of the sewer connection and any necessary work on the well. After a lengthy discussion the contract amount was set at $15,275.00 for the Gladstone Fire Department. The representatives present agreed to take over the area previously assigned to the North St. Paul Fire Department. North St. Paul is to be notified by the Clerk that we no longer wish to continue the contract with them for the stand-by service for the area in the northeast corner of the Village. After reviewing the request of the Fast County Line Fire Department, a tentative figure of $9,500.00 was set. Trustee Berger was asked to discuss this figure with them because they had no representative present. A definite contract figure is to be decided at the next regular meeting. Following a report from John McNulty, Maplewood Civil Defense Director, and reviewing the items proposed, it was decided to set a budget of $3,000.00 for Civil Defense purposes with the major portions of the expenditures to be held until the Last third of 1959. Memmer, Village Attorney, presented a written report on the optional plan A form of Village Government. Under this system the Council would consist of a Mayor and four Trustees. The Clerk and Treasurer are appointed for indefinite terms. It was learned that the question could be submitted to the voters at the December election. If approved the Clerk would automatically become the 4th trustee. Schmid moved, Berger seconded -the adoption of the following resolutions RESOLVED that the adoption of Optional Plan A Village Government as set forth in Sec. 412.581 of Minn. Stats. shall be submitted to the voters of the Village of Maplewood at a special election to be held on the 2nd day of December, 1958 at the same hours and at the same voting places as the regular Village election on Tuesday, December 2, 1958, for approval. The statement on the bal]Dt shall read "Shall Option Plan A, modifying the Standard Plan of Village Government by providing for the appointment by the Council of the Clerk and Treasurer, be adopted for the Government of the Village ?" Ayes - all O'Mara reported having made inquiries with regard to the sewer rental fee and recommended that the increases recently adopted by St. Paul be added to the Maple- wood fee. He felt the revenue would be necessary to maintain the Maplewood system. O'Mara moved, Schmid seconded that the sewer rental be set at $26.00 per year to be charged for the closest half month for 5/8 inch meters. Ayes - all O'Mara then reviewed his budget for the sewer maintenance department. He estimated income of $15,000.00 and expenditures of a like amount. Trustee Berger reported on the proposed street department budget pointing out the need for heavier than normal maintenance requirements following the completion of the sewer construction which must be carried into 1959. The figure was set at $124,000.00. Trustee Berger recommended that a sum be included in the budget to be used for re- creation purposes. After a brief discussion of the ways in which such funds might be expended, a tentative amount of $7,000000 was set for recreation. The Police Department request was reviewed. A tentative total of $19,000.00 was established for this department. The Clerk's office budget was set at $37,740.00 which included all officials salaries, clerical salaries, inspector's fees, except sewer inspections, and all Village office �equipment and overhead expenses. In addition the amount of L was added for Public Employees Retirement Association contribution as required by law. A discussion was held on the sums required for the bond issues outstanding and the general eneral tax levies under each one. The three are $500.00 for Street Improvement Bonds of 1955, $2,600.00for the Building Bonds and $3,800.00 for Street Improvement 57-1. Although it was agreed the first two levies would have to be included, it was decided to consider further the levy on the third. issue. Because the new assessed valuation figures had not been released and an accurate estimate of income had not yet been prepared, it was agreed to cont-Inue the con- sideration of the budget to the October 2nd meeting. The Treasurer and Clerk agreed to secure and prepare the necessary estimates. Meeting adjourned at 1.035 A.M. Forrest R. Schmid Village Clerk October 2, 1958 The regular semi.- monthly meeting of the I%plewood Village Council was called to order by Mayor Luebben at 7g20 F,M, Other members of the Council present were: 0' lira and Berger; Absent g` Schad. The minutes of the September 18, 1958 meeting, were discussed. Trustee O'Mara ' pointed otit that with regard to the Moore, Telephone Company, Village agreement., the minutes should have included the statement that should. the County decide that concretes should be installed in the spring on rixinner a Avenue that W# Moore will replace it at his cost, O °Mama also pointed out that the Consulting Sanitary Sewer Engineer had been authorized to. stare. M,nnehaha Avenue the morning following the September 18th meeting, September 19th, for sewer. installation, and this specific time had been left out of the .September 18th. minutes. O'Mara moved, Lnebben seconded that the September 189 1958 minutes be approved as corrected„ Ayes - all The September 229 1958 special minutes were discussed but not voted on at this tiamo, William Hampton, 935 Century Avenue, presented an application for a trailer park - ing permito,, she application stated that the Hamptons wanted permission to live in the trailer on their own property while they remodel the home which is located on the Sam property -, They thought they could be finished with the remodeling within a 90 day period, Berger moved, Luebbean . seconded that the permit be granted f ®r. 90 days* ,Ages - all Sylvester G. Tauer, 2012 Bara lay o , appeared to state that nothing had been done to correct the drainage and bad driveway conditions along Barclay Street that he had reported-at toe; last_,regular meeting, He was told that work would begin on that street in a. few dayso Chris Manson, 2657 E. Geranium, and Sames. No. Radford, 1112 Ferndale,, appeared to ask then. Council what would be done to correct: the drainage problem in the Ferndale- Geranium 'areas 'The Street Commissioner askesd.. Nelson, Village Engineer., and Ljuagren, Consulting Street Engineer to look at the problem and Bete rmine ,how It can be corrected Richard Eldridge, representing Avoles Construction Company, appeared to have the contract for Conway Avenue approved by the Council and signed. Berger stated that the. September 229 1958 especial minutes should be corrected by deleting Resolution No. 58 �. 9 - 75 whic4 pertained to the awarding . of this contract. Berger moved, Luebben seconded that the September 224' 1958 special minutes be accepted as corrected* Ayes - all Merger then moved the adoption of they following resolutions 58 -10 °79 WBER+ , pursuant. to an advertisement for bids for the improvement of Conway Avenues from ,a point 2000 feet east of ''MoKnight Road ' to Ferndale : A'v'enue by grading. gravel base and. storm sewer construction, bias were received, opened and tabulated'acoording to law,0 and the following bids were received a amplying with the advertisements Avoles Construction Coo $58 .968,,og .Frank.Serratore 62 0284.87 Lametti & sons 6M8449 P0 Sinna a Sons 68X338ems. B"tson & Kelly 6.8 875.,o!6 Herbst donstr'ustion 72o385943 AND MMAS9 it appears that A6 W Avoles of Avoles Construction Company is the i4w,est'resp,6asible biddero NOW TMMOREO BE IT FMOLVED BY THE VILLAGE COUNCIL OF MAXIMOODO PaMMOTAt to 1he: mayor. and. clark'.are hereby authorized and directed tvanter into the attached contract with Ao We Avoles of Aveles Construction Co* In the name of the Village. of Iftplewood for the improvement of Conway Ave,* from a point '2 ©00 �W feet - east of,hight Read ,t® Ferndale Ave; by gradiagg grave and. . 1 base iu a I t am "wer'construct-18A, according to the plans and specif ications therefor approveid b the 'Village Council ,:as subse%wntly meatfie'd, andq subject to the pro I our y nt of the no'cessary-easements or waivers af'trespass require4,fer the completion of , the . pra4e.ato and o . a file in the office of the Village Clark*, 20, The Village Clark, is hereby authorized and directed to return forthwith to all the-, deposits �iade with their raids, except that the. deposits 'of the. cc successful blader and the next lowest bidder B'hall'be retained uatil,a contract hag been. signed o Luabban socanded Ayes - all Einer Hosath, Superintendent of. the .Forest Lawn Cemetery* appeared with regard to I diseu'sa the . possibility of. filling Saotland Read with'hia" dumgng a p e iat i , OnA- and. then .�rebuilding.'the road* Zjungreno Consulting Stre'at:Engineerjo had previously redom'sud6d that this type of fill would not make a satisfactory p read base,, Hoseth P'ainted exit the dangers of leaving the read as leV- as- it,is because of its 4ppreach'to Edgerton ton Street a . specially In the winter .then the streets are icy,, He stated that he has a solid land lying north of the ame ng or pro . sent.Sootlan'd Read on which a'stre*et might 'be built with much less expense than trying to re--build See tland Read in its present loc'atlo'n, H6, said he Would give the easemot,for a street.-in this .location if the 'Village so dbiiiredo Trustee Bergaro Street.CovAJssioAetq stated that, this matter would be .. investigated* Pursuant to due call .au& published. and posted notice thereof . the hearing set for 7230 Pom, en this date to. consider the va"cation of the alley In Block 8' Lakeside .Parki Ramey: County, Minneseta. (This,'blook Is beunded by Frank Street an the Sast4 Edward Street on the West$ Ripley Avenue on the'Nerth and Sophia Avenue' OA the 'Seuth.) '. wa&.-Aeclared open by; Mayor luebbens H .was asked if there as "genre present .. who. bad any.obje(dtions to. this, alley . vacation* lt�,,Was ex,plained to the Council t4t, thetlerk had gone out of t . own un I expe . ctedly I an business but had I left SGA10 notes he 'had as, a result of a c4aversation. with Wo �.F.alk, ouel.'ef the 4buttlag property owners* W. Falk had given the following.reasons . wbV he thought I the alley should not be vacateds I* It is needed as a means of ingress to lots facin&..Xdwardds Street* 2* If alley is vacated utility poles will be on our land which would mater• fere with a meow of Ingress* 3* Each landowner is now and has been using the allege 4• it is not our intention for the Village to bear expenses for. as roadway and a rostrictive covenant could be sat forth to that effect. Ljungreno Consulting Street Engineer* reported that he had investigated the alley to be va .cated and stated thai it did not appear to be desirable for use as an alleyo Meter. Village Attorney., stated that the alley eould be vacated with a utility easement retained by the Village. *02bUra moved that the hearing be. reeesOd until 7930 P,M',, October 16, 1958 but that a building permit be issued to Mrs, Gerstner on her two lots in Block 8; Lakeside Parr which will result in an 80 .feet frontage by 120 feet deep 'build3zg site at, the present' time,. Ayes , all Raymond Oapaul9 1779 Fravlco stated that his au 'werl4 had been removed but not replaced by the sewer contractor. He'was..teld.the matter would be investigated, Mrs Graaanggero 1839, am Birmingh, appeared to state that nothing had been done on her ompty. l*t on BLiminghm,o . It was explained to h ®r that a aaurvey had to be made of the entire area and thhit it would be made within the neat few dayse Philip Oswald o 1654 East County Read 10B90 , presented a petition to vaacatte an ,alley in Block 29 Pfluager's A.dditiond As the petition was adequate aaaud it was accompanied by aan, abstrvacter's certificate and. the $20.00 legal fee, . dayor Luebbell set the hearing for 9 s 00 P.Mo . October 30' ,x,950 a. Ave Oswald stated that. he bas one building: sits in -this area that is too . smrall. u�,tilI ..t ie alley is vacate 'but will have an area of 10,800 square Felt after the vaaeaatiou* He asked. permission to build an this lot befere the alley , is formally vacated, Berger sawed. Luebben seconded that -a6a` building pa =it be issued on Lot's 4-and 5 • Blook 2. Pfluegeras AdAit:iona A ores .•- -al.l. A, petition for the vacation of an alley in Block 19- Ne He Pi6herts Addition was .brought to the 0 ®uncila.s- attentione It was acsc panied 'by an abstraa'storas oortificate and. than ,$200.00 fee had been paido .rkyor Luebben set the hearing .for 9 8;15. Pomo on October. 30 o 1958 � Another petition for an alley vacation in Bloch .;3 a Clifton Addition . was presented along with an abstraactorts eortifioaate and a $20.00 fee, Jkyor Luebben set. the hearing . for 9 s.30 P-*M* on October .30' e 19. 80 Mro ,A l.bri.ght. ,2121 Prosperity Rondo asked how a .vancaated allay ,was divided and he was told it was divided Equally 'between the abutting I property 6wnersa.. Mrs ,*Ibri it also-stated that at the time that sewer was installed on Prosperity Road. Burke .Av®o .hand not been approved .for construction so he had had his property staked for a sewer conneati®za on Pi4sperity ..Racoaaade' The wage in the main had been instaa' lled aid �a�Qvered. with only anal temporary, plug because the "oon'tractor eupeoted to c'eme back* and install the . Service anon nec.tio ne -Now that the .sewer. is being inaaatalled . on Burke Ave a he Would ..rather connect on that street he . aai;sked , ii' he would have to pay witra for 'the sewer installer to .dig up Prosperity Read to put in' a permanent plug. .Berger Moved, that the assessment be made as a regular corner lot and no extra charge . be made for . installing ' aft ,permanent plug* Ages !- all Mrs* Fetersenq Deputy Health Officer, stated that there are people living on O'larence Street : who are pumping sewage in the street. It was learned that they do have a service connection to their property line to connect to sanitary sewer. She was told to inform them to connect to this sewer as soon as possible. Wagmer°, Village Attorneyq suggested that he would word a standard letter which would be sent from the Clerk's office to people who are pt mpinng cesspools where'- sewer exists and can be used. The Health Department is to notify the claark" s office of the violations, John Busson, 520 Farrell Ayes, preseitee any application for a trailer parking permit, As it was determined from the application that this trailer would be parked on Private property only. a matter of convenience rather than necessity, Berger mowed, Lusbben seconded that the application for permit be denied. Ayes - all Len dins q Building ng Inspector, asked if ° * 411WO pie ah,aped plot shou2d be given a service connection for .sanitary severo He feat thOrS was no access for buildinng purposes and should a sewer ser,jri.ce co=eation be given it could b® mistaken as permission to build, He was told to stake the Property for a wye In the street only as this is cast iron pipe in the street and should Mr. Kelley acquire more property at a future date it would be difficult to bream it for a wye. NO service line to the property is to be Installed at this ti * The East County Line Fire Department Budget was baron ht up at this t i e o Trustee Merger had di1 sa veered, that this Department to only rc(e el-ring $2000000 from 1 ashiAgton (County and he point4d out that they do have Ydn'nesota Mining to take: 010S, of in this area. He suggested that their budget be raised to $10 Ol`sOn, Village Treasurer, asked if exNn e 9300 . s such as ar�dio . rental hydrant rsntal , etc. Vould be deducted from these bulgat allots ntg o t was p decided. that such expenses as these would e dced�,ucted from dire '%3epartz�en,t budget ajjobm9,%ts. Mro and Mra * 7ohn Distler o 1692 South Rosewood, stated that they raise pig eons and head b6g to build a coop for them when the building inns ctor ® hey inforrd the Council that these are homing e topped, them. for about one hour .a day for trainian g pi�eon� that `ears only released. neighbors as they will only bight ong their oown and they will not bother the they could convinace the neighbors in the area that pthese Pigeons twd that, if them to the satisfaction, of the building inspec�toro that it will be la not b�thear with the Council* 1l right Memmsr, 'pillage Attorneyq stated that he had written a letter to the Hume S66iety the day after the Iasi meeting, asking for a copy of their dog control ordinance, To date they have failed, to answer, He stated he would call them to ,see if he can get a reply before the next regular Council tifago Berger mored. q Luebben seconded that the County statement, with :regard to streets they have repaired as a result of " the Installation of Sanitary Sewer, dated Aug. 13,, 1958 in the amount of $4,971.09 be paid* Lu®bben seo.onded . Ages - all Clayton Gausman, representing E* O. Gausman, 1160 Frost Ave *, asked that an exception be made with regard to their connection, to Sanitary Sewer. A's they are lower than the Frost Ave. sewer line an exceptionally high plumbing cost would be involved. They also' have a very l°ge septic tank and cesspool located in salad with which they have had no problem* He stated if sewer was ever installed in sward Street it would probably be at an elevation they'bould use for their basements O'Mara pointed out that the main floor of the building could be serviced by the Frost Ave* sewer and would no doubt have to connect because it is a public buildings Mu°* Gausman was told to dune back .shortly before it was compulsory for him to connect if he still felt an exception should be made, Ljungren, Consulting Street Engineer, presented a petition for a shallow, grassy ditch on WIChight Road between Ripley and Holloway. Berger moved, Luebben seconded that the matter be referred to the County* Ayes . all L junngren reported on Kennard Street with regard to the storm sewer* He presented -a proposed storm sewer plan which would cost approximately $2,795 000 o He stated that he thought this storm sewer would have to be added to the Kennard Street Improvement on which a hearing has already been held. To use this plan a new hearing would have to be set. The Council decided that the original plan presented would be sufficlente Berger moved that David O o 4 ulliford be paid $2,166.0o for street repair* Lue1pben secondede all Ljungren, Consulting Street Engineer, reported that regardless of all repairs put on the Ford trunk it still is not operating efficiently. O'Mara suggested that the FIo Company'be contacted rather than the dealers to see if something can be done' about it* Mayor Luebben stated that at the request of Acting Chief Pepin he would like to appoint Tom Hagen and Richard Schaller Sergeants on the Police Force. Berger moved that the Mayor be authorized to appoint these men sergeants* O'Mara amended the motion to state Acting Sergeants. Luebben seconded 4 Ayes - all The Treasurer asked if the Plumber's license fees should be divided between the sever and general funds. It was decided that the fees for the licenses should be put in the general fund* The Treasurer then discussed purchase orders. It was suggested blanket orders be issued-on oil$ sand and gravel for a month at a time for the Street Department* All other purchase orders should be kept individual* O'Mara moved, Berger seconded that the Northern States Power Co. statements for electric service to three sewage lift stations be paid as follows: Station #2 located on East Shore Drive and 150' west of Adele $1520900 Station #4 located on County Road 0B" (300' north) and Duluth 1524.00 Station #5 located on Holloway and McKnight Road 9IL9,000 Total $3993.00 Ayes - all A letter was read from the Planning Commission with regard to the request for a permit for a service station on the corner of Highway No. 100 and Brookview Drive. The Planning Commission recommended that the station be approved as the property is already zoned commercial and there are no near service stations, O'Mara moved that the matter be laid over until the next regular Council meeting. Ages - all An application for on and off -sale, 3-2 non-intoxicating malt liquor license and tavei°n license was read from Lois Wickberg, 2525 James Drive, and Lorraine Michaud, 15 Ferndale Ave., for 339 Century Ave.(formerly Man Mountain Deans' Tavern). The Police Department recommended that no license be issued until all the corrections have been made that the various inspectors noted in their reports. The Clerk is to inform the applicants that no license can be issued until the corrections are made and the present licensee is to be notified that these corrections must be made within 30 days or his license will be revoked. Mayor Luebben set the license revocation hearing for 9s45 P.M, on October 30, 1958- A letter was read from;,the North St. Paul Clerk with regard to their Fire Contract. .Berger moved that a payment be authorized to North St. Paul for $100.00 and their contract'be terminated immediately and a special thanks given them for their services, O °Mara seconded, Ayes . all Berger moved that the Clerk be authorized to appoint the following Election Fudges and Clerks for the November lath General Election. Marlyn R. Hanson Helen . L. Lundell Wean Mp Garrity HVelyn V, Nielsen Mary Mw Forbes Alice E. Sether Phyllis D. Buckner Pat riaia.Toy Kennedy Ruth , Lo' 'Vinc®lli Ave..yn Lucas Ora' a Anders'on' i one Anderson Florence M. Moritz Rose Go McShane Frank To Fischbeck 1 rs a 'Rua ®ell A. Boogren Rose A. Bruentrup Mrs .'Leonard Kuehn Tanot L. Carroll ;oaeph T. Rangitsch Helen Re Berglund Luebben seconded. Lorraine C. Tepe Leona A. Broberg. Mildred Grealish Minnie mold E1eanbr "I ach Margaret Z. Wolezon Mary Yvonne Mrs. �E'lorence ,�' Foeller Charlotte Sindt Gertrude E. U. ke Evelyn Mo Tudkims Bessie'Naukin ®on Leo Kied.er ,, Iren® `B.' ftClellan Archie Cook Mrs, Thomas" Byrne Isabelle, McGuire Ethel H.' � oman Ida 3'`. "SZczepanski Trustee Berger recommended the following changes in the proposed budget.- Street Department from the proposed $124,000.00 to $102,000.00 and the recreation budget from the proposed $7000.00 to $5000.00. It was decided not to take any definite action of the budget until the Clerk could be present. O'Mara moved that the application to bury telephone cable on the north side of County Road OB" along Prosperity Road be approved. Luebben seconded. Ayes - all 0014ara moved that the Clerk write a letter to the.North St. Paul Post Office commending their carriers for the good job they have done delivering the mail throughout the Maplewood Sanitary Sewer Construction Project* Berger seconded, Meeting adjourned at 12010 A.M. Ayes - all Dara]_�iky- He J ky Deputy Village Clerk October 7, 1958 A special malting. of the Maplewood Village Council was callad to ozdar at 9:30 P.M. by Myor Luebben, Other members of the Council' present v ere s, O'Mara and Schmid Absents Berger. Robert Hajiozk, 1700 E. County Road I'D", who had beer, asked to fill the Council vacancy was also present, After a disc uosion of the and responsibill ties of the posit,!16onq W-o Ha leek agreed to accept an appointment. Luabben moved that Robert Hajicek be appointed to the unexpired -term of Walter Rupp® 0QMara secronded® Ayes - all The Clerk then administered the oath of office and We Hajicek took his place on the Council. The meeting was then reopened for a further discussion of the budget. After review- ing the principal and interest requirements of the bonds issued for Street Improve- ment No. 1 (1955). Building Fund and Street Improvement No. 2, it was, decided to levy the general tax included in these issues in the amounts of $500.00, $2,500.00 and 1,800.00 respectively, The proposed budget for 1959 was established as follows: Fire Protection Civil Defense Police Department Street Department Sever Maintenance Dog Control Health Department Recreation $319775,00 39000-00 19900011.00 102*000900 150000.00 29500.00 19200.00 59000-00 �lerkls Office Byd get 3gog2o�,,OO & oEoReAo o S Ues .00. Total $22b9000.00 Lpproxo Income for 1959 General Taxes @ 16.6 mills $135oOOO.00 Cigarette & UcLuor Tax 299000,00 State Aid St. Maintenance 59000 00 Ste Funds from County 99000:0 1 Sewer Rental & Permits 159000,00 Licenses & Permits 249306*00 Misc,(Fees & Trailer Tax) 19000,00 Fines 6,00.00 Dog licenses & Violations 100,00 Lpprox. total $2260000*00 The anticipated income was then reviewed. The figures for estimated income from other than the local tax levy totaled $9190000000 In order to balance the budget it was detefained that $13590.00000 in tax levy would be needede On the basis of the current assessed valuation, which does not include the value of pipe lines through the Village to be certified to the County Auditor at a dater date, it was determined that a levy of approximately 161 mills will be needed, Luaebben moved • Ot lira seconded the adoption of the following resolution to he certified to the County ,Auditor for tags purposes s 58 -10 -80 RESOLV,ED, 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 years For Gener&. Village Purposes Pine protection i'blie Rnploye.es T1etir,,s nt F=d Street Improvement Bonds (1955) 4uilding Bonds Street Improvement Bonds (1957) civil Defense Total levy $ 9194.75o714 Io 5a00 19949o26 500 000 2 o5O0 0OO 30800000 (000 o�A 0000 000 Ades - all • Ta tes O'Wra requested that the ratter of the plaaw for the sei°vies station at i Brookview Drive and Kghway No. 100 be laid over untie the October 300 1958 meeting. The .'Council had pre-d outaly aVeeti to ' take action on this at the.. October 169 1958 meeting. Meeting adjourned at 22 s 25 A.M. I i �J 044 ,;.. Forrest 'R o S ibmid : r Village Clem October 16, 1958 The regular semis - monthly meeting of the Maplewood Village Council was called to order at 7010 P.M. by Mayor Luebben. Other members of the Council present were: Halicek and Schmid n Absent-, Berger and O'Mara. Because of the absence of Berger and O 'Mara, the Mayor laid over the approval or correction of the October 2nd and October 7th minutes until the next meeting of the Council. Mrs.. 1anske of the State Office of the League of Women Voters appeared before the Councilo She pointed out it is normal, when a new organization is to be formed, that they contact the local governing body to' inform them of their intention. She distributed some literature and explained the Leagues purposes briefly. Mayor Luebben pointed out that the League could be of great value to the 'pillage and offered the cooperation of the local government. The Alley Vacation Hearing on the alley in Block 8, Lakeside Park, Ramsey County, Znn., laid over from the October 2, 1958 meeting, was again deferred until 7030 P.M. on October 30, 1958 at the request of Trustee 0°Nhra. john Distler, 1693 W. Seventh Street, appeared with regard to his request to be permitted to raise pigeons at his new address, 1692 South 1Rosewood. As the matter had been referred to the Building Inspector at the last regular Council meeting, Wo Distler was asked to await his arrival before discussing the matter further with the Council. Lois Gallia, 1728 Edward Street, stated that some remodel work they had started on their horse had been red tged by the Building Inspector°. She was also asked to wait until Mr. Londin arrived before discussing the matter further. An application for a trailer parking permit was presented by Duane Storm, 2813 Hazelwood Ave., for his mother, A. A. Swedberg of the same address. The trailer has already been in its present location for 10 months. The request stated that Mrs. Swedber°g ie of advanced age and is living on a very low income. Ws. Peterson, Deputy„ Health ,.,Officer,, ptated that she had tried several times to find someone home and had never'been successful. She felt that since the mother could get around.by herself as much as she does that it was not a hardship case and she.re- commended that the permit be denied. It was explained to We Storrs that an effort was being made to eliminate all trailers except in extreme hardship cases. Mayor Luebben moved that the permit be denied. Scbmid seconded. ,Ayes v all Sylvester J. Tauer, 2012 Barclay, appeared again with regard to the correction of the drainage and bad driveway conditions on Barclay Street. He had reported these conditions previously. He_was told that this would be taken care of as soon as the Tillage equipment could get into that area. It was promised definitely that the work would be done next creek. The appearance of Oscar Londin, Building Inspectors enabled the Mayor to call Mr. and Mrs. John Distler before the Council again. Mr. Distler presented a petition from his neighbors on Rosewood stating they have no objections to the raising.o.f homing pigeons in their immediate area. The petition contained 16 names of close neighbrors. Mr. Distler °s next door neighbor was present and stated that he had no objection to this project. Londino Building Inspector, stated that he felt there was no objection to.i.t from.the Village viewpoint. The Council agreed to follow his . recommendations and.. permit . the homing ..pigeons . to be . kept at 1692' .S.outh rosewood .gy..Mr, and Mrs, John Distlerg however they were advised.-that should ob. jections be raised, the Council would be forced to reconsider. Mrs, J. M'Q. C.allie was again called before the Council, Mr.- Londin. reported .that °"he had had a.complaint about the.building.of an.addition.to a small home on the property located at 1728 Edward Street, No permit had been obtained.so he had.visited..the building site and red tagged it to stop any.further construction. He noted when he was there ..that .the.construction appeared,.to be crude and.not up the.requirementa of the Village... Building . Code, Mrs... Gallie stated that they were, bui ]ding ..only a temporary addition and had planned to build a. new home.on.the property.next.year. It was agreed that the Gallies'should work with the Building Inspector and the building should be made presentable to the area. Any work done will have to be done according to the Building Code, Mro Ashton, 1732 Edward, Harold Forsier.. 1710 East Shore Drive and Joan Hanson, 1760 East Shore Drive all appeared with re- gard to this building, Mr, Ashton stated that he felt that the decision was a just one, Mrs. Hanson stated that her concern in the matter was that they had. heard that the Gallies had planned to put the addition on and then resell the, property, She agreed that if the building appearance were improved.she would. not object* It was suggested by Londin, Building Inspector, that the Village Attorney advise Twin City Federal Savings and Loan, holders of the loan on the property, that the Village would like to be notified when the property is sold. In this way the Council may be able to prevent a recurrence of this same situation.. Mr, Donald Lundeen, 821 Bartlemy Lane, appeared with regard to a drainage problem in Minnehaha Highlands, He stated that according to his information one property owner had prevented the Village from draining a low spot through a utility easement on his property, Mrs, Howard stated she had explained the situation to Mr. Memmer Also present -to request Council action on this matter weret Mr.. Jack Howard, . 827 Bartlemy Lane and Mr, and Mrs, Leslie Nelson, 2418 E, Seventh St. Memmer°. reported that upon learning of the problem he had had conversations with the attorney for Mr. Carl Nelson who owns the property through which the drainage must go. Although Mr. Nelson's attorney had originally taken the position that a utility easement could not be used for drainage,.Memmer had convinced him that it was legal and he had so informed his client, -Mr.. Nelson stilllrefuses to agree... however. Memmerr, Village Attorney, advised that we proceed with the work in spite, of Mr. Nelson's stand on the matter, Luebben mowed that the Street Department be instructed to investigate and correct the drainage situation in this area of Minnehaha.,Highlands as soon.as possible. Schmid seconded. Ayes - all Dallas- Carlisle, 2520 E, Larpenteur, was granted a trailer parking permit on April 17, 1958 for a 90 day period with a right of renewal for an additional 90 days. The second 90 day period has now expired. He appeared to request a further extension*. The Council felt it had been liberal in permitting the original arrangement and in view of the fact that no definite and could be seen, it would be necessary to deny the request, Luebben moved that he be given an additional 30 days in which to make other arrangements for living quarters, and that the trailer be moved from the property not later than November i7, 1958. Schmid seconded. Ayes - all Norman Oslund, 416 South Lexington Parkway, St. Paul, purchased 5 lots on Adele off Phalen Place. He has 200 feet of frontage and proposes to divide it into 3 lots of 709 65 and 65 foot frontages respectively. He felt that in view of the depth of the lots, the proposed frontage would be adequate. He also stated he proposed to build on the largest lot and sell the others. The Council advised him that under the Building Code a 75 foot minimum frontage is required and they have no plans to relax the regulation. Kenneth E. Hunt, 1742 English, presented a complaint signed by a number of property owners in 'the urea, to the Council against the property at 1750 English Street, The complaint stated that the building at 1750 English Street has no water, plumbing or separate electrical facilities. It has underground wiring from another home and the rubbish and trash create a bad appearance, They feel that it is a disgrace to the community and devaluates the surrounding property. 1&. Hunt had purchased his property from the occupant without realizing that person's intent to lave in this shed -like building. It was suggested that the health department and the building inspector examine the property and determine, with the heap of the Village Attorney, ghat action can be taken to remove t:he occupant from this out - building. A report on this situation is to be brought to the October 30, 1958 meeting, Donald Kopelke, 72 Atwater, stated that he owns a piece of property facing Sylvan Street from the east side and immediately south of the Water Works property. The question that exose was whether the Sylvan Street, which at this point is a private road owned by the ' Watery Department, could be later closed for public use. lvemmer, Village Attorney, stated there was no reason to deny the pex°mit In view of the fact that the road is being used as a public road at the present tame. Al Herman, Hills and Dales Construction Co.9 requested that 2 permits (Permit No. 8188, 1192 Lark with the following legal descriptions The East .5 feet of Lot 17 and all of lots 18 & 19, except the E 10' thereof, all in Bloch 8. Clifton's Add and Permit No. 8191, 1254 Lark with a legal description as follows: Lot 18, except the W 10' thereof, all of Lot 19 and the W 141 feet of Lot 20, Block 7, Clifton Add.) be released for homes that are 24 x 38 and, under the present minimum building code requirements. Both permits had been submitted to Federal authorities for approval prior to the change in the code, Schmid moved that these permits be granted. Hajicek seconded. Ayes - all Schmid moved the approval of payment certificate No. 6 to Robert W. Moore for Project No- 3 for work completed through October 10, 1958 in the amount of $31,624,66, Luebben seconded. Ayes - all Schmid moved, Luebben seconded the approval of payment certificate No. 6 to Lametti & Sons for Project No o 1 for work completed in September, 1958 in the amount of $539666,58o Ayes - all Schmid moved the approval of payment certificate No. 5 for Barbarossa & Sons of St. Cloud for sewage lift stations in the amount of $2,970.00. Luebben seconded. Ayes - all Schmid moved the approval of the statement of Bettenburg, Townsend, Stolte & Comb for resident supervision for September, 1958 in the amount of $29-807 °94* Luebben seconded e Ayes a all Schmid moved the approval of the statement of 7e P. Sinna & sons, Inca for labor and equipment rental for wort resulting from the sanitary sewer project in the amount of $59121020 a Luebben seconded e Ayes - all Londin, Building Inspector, pointed out that he had not received applications for sewer for the Awohbishop Nixray Memorial High School and the Mary To Hill High School on Larpenteur Avee He was asked to arrange to'secure these applications as he had done with other property owners in the Villages Londin, Building Inspector, stated that he had been approached with regard to the construction of a bu3k oil storage area and office facilities on Rice Street near.Larpeniteur Ave, He pointed out that the area is not suitable for normal building purposes and is not adjacent to my residential areas, The Planning Commission was authorized to investigate the proposal and make a report to the Village council. Mrs a Peterson asked to have read a letter she had written to Mh, ,,s s `Weise, 1800 English Stn The letter stated that &a* Weise was given 30 days to vacate the premises in view of the fact that she has no sanitary facilities on the property* Because of the coon ition and location of the building, no permission will be given for an individual sanitation system. Miss Peterson stated that the building Is a barn* The letter was sent with the approval, of the Village Attorney as to the wcordingw He stated that It would probably be necessary to start condemnation proceedings in order to actually remove her from the building e, Ws. Peterson reported on a call at 1706 Parkway Drive where she had found an extremely bad rat condition. She stated she had given the owners 48 hours in which to remove the rubbish and spread rat poison, A letter from Harry Se Bronson, County Engineer, was read regarding the petition received at the last meeting for the improvement of McKnight Road between Ripley and Holloway by construction of a shallow, grassy ditch* We Bronson stated that they do plan to restore the stretch of road involved in the petition by patching this year and final surfacing in the 1959 construction seasons However, he declined to tape any action on the alteration of the ditch as requested by the petition because of the considerable expense involved* He returned the petition and asked that if the Village wishes any further work done that he be properly requested to do so by the Council* It was noted that there has been a ground water problem in this area and that the present stone ditches were installed to help eloyiate this problem* It was felt than although we are presently having dry conditions, in a wet period or season considerable difficulty would result from any replacement of the present ditches without constructing an extensive storm sewer system* Nelson, Village Engineer, and Ljungren, Consulting Street Bftgineer, reported that the sewer service line--in Radaty Ave * , designed primarily for a North Ste Paul development, appeared to have been installed in the center of the street or only slightly south of it* In addition, Shuster, developer of the area;, has run service connections to five locations although he has received approval for only 4 houses with service connections on the Maplewood side of Radatz Ave. It was agreed that ** Shuster would be contacted and told that he would not receive any further consideration from the Council until he had geed to make any necessary corrections,and cooperate with the Village, A letter and petition addressed to the Ramsey County Board of Commissioners by the Hazelwood School P, T. A. was brought to the Council's attention with regard to the railroad bridge on County Road "C" approximately j mile east of Highway No. 61. The petition requested that the bridge be replaced with a suitable bridge designed for traffic and pedestrian safety. It was agreed that the Council would deliver the petition and letter to the County Board along with a letter from the Village concurring in the feeling of the P.T.A. and reminding the County Board that this matter had been brought to their attention in the past. The letter is to again request that consideration be given to the replacement of this bridge. The Clerk was instructed to write a letter to this effect, so that it will reach the Board for consideration on Monday, October 20, 1958„ The Village Attorney reported to the Council that W. Joseph Bettendorf, appraiser, had made appraisals and negotiated settlements for a number of property acquisitions required for the installation of the sanitary sewer system in the Village. Upon the recommendations of the Village Attorney, Ltebben moved the adoption of the following resolution: .- 58- ld.,81 "RESOLVB'D, That pursuant to the report of the Village Attorney and Toseph Bettendorf, appraiser, the following tracts of land be acquired for construction, use, maintenance, and administration of the sanitary sewer system in the Village of Maplewood, and that the Treasurer . be and is hereby authorized to pay over to the owners of said tracts the amounts set opposite each description. A 20 foot strip in width, the center line of which is described as follows: The extended center line of Birmingham Street north through that part of the Southeast Quarter (SRI) of the NWJ of the SWI of Section 10, Township 29, Range 22 ?, lying East of the Northern Pacific Railway Company right.-of.-way, to the South right -of -way line of State Trunk Highway No. 36, according to the U.S. Government Survey thereof on file and of record in the office of the Register of Deeds in and for Ramsey County. Fee owners: Louis Stangl and Mary Stangl lot contract buyers Tohn E. Blo.uist, Inc. 2nd contract buyers: Thomas S. Silvis and Corrine A. Silvis Total amount for easement $400.00 Paid by Z. Bettendorf 00 Balance to be paid 000 That part of the east 10 acres of the west 20 acres of Government Lot 2 of Section 16, Township 29 North. Range 22 West, lying North- westerly of East Shore Drive described as follows: Commencing at the SE corner of said E 10 acres; thence North 2706# west a distance of 176 f t. to the point of beginning of the land to be described ; . theNs Southwesterly albn the -ate line � a tstenee df' 176- ft W6 st ..along the Nort rl3.-�1 : s►f thence Northwesterly -to the point of beginning* Fee Owners*:' Edward C.. Kelley and Esther M. Kelley Contract buyers Ste Paul Huidson, Inc. Total amount for easement $300.00 Paid by T. Bettendorf 1000 Balance to be paid $295-,000 X temporary easement 50 feet in width running along the full length of the Northeasterly side of the property described ass That part of the West bo .tyres of the East 15 acres of the West 25 acres of Government Lot 2 of Section 16, Township 29, Range 22, Ramsey County, Minnesota, described as followes Commencing at an iron monument at the inter- section of the West line of the said West 10 acres with the Northwesterly line of the ]East . Shore )rive (as deeded), thence North 0:r131 East, Wlong the West line of the said West 10 acres, a distance of 187.84 fto to th ®point of beginning; thence continuing North 00131 East a distance of 677476 fte to the. Southeasterly line of Frost Ave. as now located thence South 270066 Bast a distance of 635e06 ft., thence South 68059' West a distance of 312.75 fte, to the point of beginning, Fee owners s Edward C. Kelley .& Bother M. Kelley Contract buyers St. Paul Hudson, Inc. Total amount for easement $ 25.00 Paid by 7. Bettendorf goo Balance to be paid 20.00 X tempura _9 25 feet construction easement over er the following described property$ VV The Southwesterly 25 feet of thy+: following described propertys Part of the ]East 10 acres of the West 20 acres of ' Government Lot 2 described " followas Commencing at the Northeast corner of Government Lot .2 ;' theme Westerly 619.1'r feet on the North line of said last; thence at an angle of 89040, to the Left 90.4 feet to the South line of Frost Avenue for the beginning; thence continuing South on last course 720.4 feet.; thence westerly at right angles 674 ' feet; thence 613,05 'feet Northwesterly at angle to radius of 6171 to South line of Frost Avenue, theme Northeasterly on said line 398.1 feet to the beginning, all in Government Lot 29 Suction 16, Township 29, Range 22. Fee owners Harold P, Freitag & Genevieve M. Preitag Total amount for easement $ 25.+ 0 ' Paid by';, Bettendorf 51600 Balance to be paid 20000 All that part of the following described property which lies North of a line described as follows Commencing at the Northeast corner of Government Lot 2, Section 16, Township 29, Range 22; thence Westerly 619.17 feet on the North line of said Govet merit lot; thence at an angle of 890406 to the left a distance of 810.8 feet to the point of beginning of the line to be described; thence Westerly at right angles 97.8 feet and there terminatings Subject to easements part of East 10 acres of the West 20 acres of Government Lot 2 described as follower Beginning at intersection of West-line of said 10 acres and Southerly line of Frost Avenue as now located; thence South 270061 Bast 4 distance of 811.06 feet to intersection of East line of said 10 acres and Northerly line of East Shore Drive; thence ,E North on said East line 189. feet; thence West at ri ght . angles 676 feet`; thence Northwesterly at an angle of 61 o 57. to the right a distance of 613.05 feet ter 'said South line of Frost Ave.; thence Southwesterly thereon 17.3 Feet more or lone to beginning, all in Section 16, Township 29, Range 22., together with that portion of the above described land South of the previously described line which lies West of a line running North- westerly from the southeast corner of the said East 10 acres of the West 20 acres of said Government Lot 2 to a point 189.02 feet North of and 50 feet West of sa.d'outheast corner. Fee Owners Total amount for easement Paid by 1. Bettendorf Balance to be paid Hajicek seconded Edward C. Kelley & Esther N. Kelley $520,00 .5100 00 Ayes ® all Memmer also reported the completion of the condemnation of Lot 9, Block 49 Farrell's Addition and the award made by the commissioners on the cases He recommended acceptance of their awards He reported the award was only slightly above.-that of our appraiser. Schmid moved, Luebben seconded that the treasurer be authorized to pay $2,000,00 to Francis and Marie G. Pott in the condemnation of their property in accordance with the report of the District Court. , .des - all Mommer reported that he had met with representatives of the Northern States Power Co. with regard to the service connection charges They had requested that we start an action for declaritory judgement concerning the payment of the cutting and re.-connecting of gas services, The suit would serve the purpose of interpreting the meaning of the wording of-the franchise agreement -with respect to these charges. It was agreed that the Council would lay this matter over until the next meeting when the fiJ.1 Council will. be present and that Isn the meantime, Mmer would do a little research into the possible line of action to be followed and the probable cost of such action. A letter from Northern States Power Co. was read which t�rought to oar attention the fact that on August 4. 1958 they requested permission to Install 100 feet of gas main on Brooks Ave,, between Hazelwood Ave. and BarelaTgr St. In a letter dated August To 19589 W. Kishel explained that the location Northern States Power had selected might Interfere with a future sewer Installation, The we examined and found that according to records in the County ease soil ls Office, Lot-, 2, Block 2, Subda i6, the- property in question, Is owned by the State of Idnaesota, Mrs Albert Dean,, Land Commissioner, located in the Court House, St. Paul, gave verbal permission to install the gas main and said he would recommend to the Village of Yhplewood that this lot be defteated as a streets The width of the street is now 40 feet and widening to a 60 foot street would probably be adviseable by adding 10 feet on each side, but that may not be done for several years. Northern States Power recommended that the gas main be located 4 feet north of the present south property line which would place the line 16 feet south of the center line and within 14 feet of the south property line when the additional l0 feet is acquired. They requested that the request be reconsidered for this location. Luebben moved, Hajicek seconded that Northern States Power be granted permission to install this line. Ayes - all A letter from Leonard Seamere Assistant Land Commissioner, was read with regard to the above mentioned lot. Mrs Seamer pointed out that the land could be acquired for street purposes and recommended the Village Attorney be asked to prepare the requests Luebben moved, Hajicek seconded that the matter be referred to the Village Utorney for actions- Ayes - all A petition was received from a group of property owners for the installation of street lights at the following locations: The intersection of Payne Ave. and County 'Roach !B" , on Payne Ave. midway between County Road "B" and Highway No 369 i and on the 'intersection of Payne Ave. and the service entrance adjoining Highway No. 36. Luebben moved that the petition be referred to the engineer for investigation and with power to act. Schmid seconded Ayes - all A petition for the vacation of the alley between County Road "B" and Eldridge Street, legally designated as Bloch 17, Sabins Addition to Gladstone, was brought to the Council's attention. As the petition contained the proper number of signatures and was accompanied by an abstractors certificate and the $2Q.00 fee, Mmyor Luebben set the hearing for November 20, 1958 at 8` :00 P.M. The Clerk's office was instructed not to issue a cesspool permit at 1776 Jackson. Luebben moved that the Clark's office be authorized to order a folding stable at a cost of $37.30. Ha jicek seconded Dieting adjourned at 12 t15 A.M. ()c b s: ,y, c Forrest R. SchmId' Village Clerk Ayes - all The regular 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: Berger, Haji.cek, O'Mara and. Schmid; Absent-. None;. Welber Peloq,ui n, 1939 Chambers. and Mr. Harry Franklin, 1949 Chambers, 'appeared to request that Chambers Street at the north intersection with Frost be raised, Chambers now drops off sharply and the drop has increased with the regrading following the sewer line installation. They felt it would be difficult to approach Frost Ave. during the winter. Berger explained that because the sewer is not completed, it is questionable whether their request can be complied with this fall, However, he stated that an attempt would be made to gravel and oil the street be- fore freezing weather and their suggestion incorporated in reconstruction work next gear. 0 1Mara moved, Berger seconded that tke. October 26 1958 regular meeting minutes be accepted as submitted Ayes - all 0 0Mara moved, Sebmid seconded that the special meeting minutes of October 7. 1958 be accepted as submitted. Ayes .. alb.. Hajicek roved, Luebben seconded that the minutes of the October 160 1958 regular meeting be accepted as submitted o Ages - all Marvin Ostrom0 2717 Brookview Driveo appeared with a number of residents from the area of Brookview Drive and Century Ave, and presented a petition protesting the erection of a service station on this corners Xwe Ostromywho acted as spokesman for the group, is the property owner adjoining the property which is presently, zoned commercial and has been proposed for the building of the service statioMe The petition was read, It asked that the proposal for the erection of the station be rejected and that the lots in question be rezoned residentialo lro Ifterke9 representing the S. and F. Petroleum Companyo the proposed developer of the service station at this locationfl pointed out that the area was in a fortunate position zoning wise because of its proximity to the major intersection of Highway Nod 12 and Century Ave® 0 °Mara pointed out that because of the proposal that the.Freeway Non 12 will go through that area that Century Ave, would probably be an underpass and corgequently, would have no access to the Freeway itself. Mro Fierke stated that the Highway Department had indicated a diamond approach. He also reported a shopping center was planned on the east side of Century Ave* It was noted that the abstract of Mro Ostromq 2717 Brookview Drive, contained a deed restriction limiting the area to R -1 Residential. In view of the deed restriction and the general feeling in the neighborhood, Berger moved that the application for a permit for a service station on the corner of Century Aired and Brookview Drive be denied. 0 ° Mara seconded. Ayes - all Berger moved that the Planning Commission be requested to review and make re- commendations regarding a suggestion to rezone to R -1 Residence (Single Dwelling)o the commercial property at Brookview Drive and Century Ave., Hazelwood and Highway No. 36 and Roselawn and Arcades Ayes - all The hearing laid over at the last meeting with regard to the vacation of the alley in Block 89 Lakeside Park was reconvened at this time by Yhyor Luebbeno This block is bounded by Frank Street on the Fast, ]Edward Street on the Westo Ripley on the North and Sophia on the South. The question was asked whether it would be possible to vacate the alley and still retain a utility easement follow- ing Mro 0 °Mara °s report that this area could not be served by sewer from Edward Street but would have to be served from the rear. Memmerg Village Attorneyo advised that if vacated the property would pass to the adjoining owners and that a separate agreement would be required for the utility easemento Nose Oall,ie appeared favoring the vacation. It was suggested that the south end of the alley be vacated to the point necessary for sewer construction purposes and that the remainder be allowed to continue as an alley. The alley would thus be blocked from future use, The matter was referred to Ljungren to determine how much property would be needed to use for the alley and he is to report at the next meetingo Pursuant to due calf, and published and posted notice thereof, the hearing set for 8000 P.M. on this date to consider the establishment of a shouting range on the County Workhouse property, between 2481 Linwood Ave. and Century Ave. was de- clared open by Mayor Luebben. Assistant Chief Schmidt of the St. Paul Police Department and Officer Ralph Sivald. of the Target Range Detail of the St. Paul. Police Department were present to describe the plans for the shooting range. Officer Sivald also explained that the purpose of the range was for outdoor training and that the opportunity would be given to the suburban police depart- ments to use the range. He pointed out that the land to be used was formerly 2 swamps and a hill which have been leveled and are being planned for sodding and landscaping. 'there were 9 residents from the area present, who vigorously protested the establishment of the range as a safety hazard and a nuisance from the point of view of noise and traffic. The Mayor called on Maplewood °s Acting Chief Pepin who stated that he felt that if the present plans are carried out it would be a safe range and the use would be a benefit to the Maplewood Police Departmnt, Ykyor° Luebben felt that further consideration should be given to this matter, It was suggested that the matter be laid over to give the Co-moil an opportunity to visit and view the facilities and. the plans, 1�bll a rq Village Attorney, read the letters from Chief Proetz and Commissioner Robert Peterson, Commissioner of Public Safety in St. Paul, with regard to this matter. 0 °Mara reiterated his statement that he would like to have further time to investigate this matter. Luebben stated that he also felt such time should be given and the matter was lard over at the convenience of the Council with the stipulation that the people of the area would be informed when the matter was considered again by. the Council, 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 an improvement on English Street from the North line of Highway No. 36 to the South line of County Road "CO. by grading, gravel base and storm sewer construction pursuant to Minn. Scats., Sec, 429.011 to 429.11 Laws 1953,.. Chap, 398 as amended, was declared open by Myor Luebben. The a�ci �roposed, to be Dartially assessed for this improvement is the property abutting on such street, The estimated cost for this improvemennt is $54,670-00. Fred Gerten, one of the property owners from the axea, :suggested that the engineers report on the plans for the proposed road and the method of financing. Trustee Berger gave a preliminary report stating that a road had been.. set up as a State Aid Road in order to reduce the cost to the residents. He pointed out that it was proposed for use by commercial and industrial interests and in order to so serve an area:, it is necessary to put in a. road which would be beyond the normal village street specifications. Ljtungren then reviewed a preliminary report covering the details of the planning for this road including the estimated costs of the total cost of $54,670.00. He estimated that $16,887.50 is not eligible for State Aid. Berger pointed out that it was proposed to assess the abutting property owner at the rate of $4,50 per foot for the presently proposed road which would be approximately 1/3 of the eventual cost of the finished road. He also pointed out that this amount would be increased should it be necessary to purchase any right-of-way. The Council informed those present that if any right-of-way were not available through dedication, all property owners would then be paid. Mayor Luebben asked if anyone objected to the pro- posal. No objections were voiced. There were 7 area residents present who favored the project. Berger moved the adoption of the following resolution: 58 m 10 82 WHERFUS9 a resolution No*o 58 9 77 of the Village Council adopted the 22nd day of September, 19.58, fixed a date for a Council hearing on the proposed improvement of English Street from the north line of Highway No- 36 to the south line of County Road wCw by grading, gravel base and atom sever construction, AND WHEREAS, ten days' published notice of the hearing through two weekly .publications of the required notice was given and the hearing was held there- on on the 30th day of October, 1558, at which all persons desiring to be heard were given an opportunity to be heard thereon, STOW, MMFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE' OF MAPLEWOODs 1. Such improvement is hereby ordered as proposed in the Cou:nctl. R'esolution No- 58 - 9 - 77 adopted September 22, 1958. 29 Miner We Carley and Associates are hereby designated as the engineers for this improvemeirit. 7hey Shall prnapare p-laXis and Spec, for the .making of such improvement Luebben seeorAed. Ayes - all Pursuant to due call and published and posted notpiee "L;hareof 9 the hearing set for 900 P.M. on this date to consider the vacation of the alley in Block 29 Pflueger0a Addition, Ramsey County (this bloek is boimded by Burke Ave, on the North, Uldrlldge on the South,, Prospert•by Road on the East and the West line of Pflueger's Addition on the West) was declared open by Maym. Luebben.. Mayor Luebben called for objections to the proposed vaeq,.atlione Hearing no objections, OOMara moved, Berger second this adoptilon of the foll(Twing rasolu'611(yts -58- 10 - 83 WHEREAS9 The owners of more than 5(3l; .of the property abutting on the alley .1n Block 2, Pfluegerls4ddition, Ramsey County, Minnesota, having filed a petition for the, vacation of the alley. and The hearing on said p etition'was preceded by two weeks publiahed. and posted notice, and WHEREAS, No one has appeared in opposition to said petition, and WHEREAS, It appears for the beat interest of the public that said alley be vacated, NOW THEREFORE BE IT RESOLVED By the Village Council of Maplewood, Minnesota that the alley in Block 2, Pflueger0a Addition, Ramsey County, M.nnesota, be and the same are hereby vacated. Ayes - all I Pursuant to due call and published and posted notice thereof, the hearing set for 9 :15 P.M. on this date to %onsider the vacation of the alley in Block 1, W. H. Fisher's Addition to Gladstone (bounded by Ripley on the South, Frisbie on the North, English on the East and Atlantic on the- -West) was declared open by Mayor Luebben. He then called for objections to the proposed vacation. Hearing none, O'Mara moved, Hajicek seconded the adoption of the following resolutions 58 -, to - 84 WHEREAS , The owners of more than 5Wo of the property abutting on the alley in Block 1, W. H. Fisher's Addition to Gladstone, Ramsey County (Block is bounded by Ripley on the Souty, Frisbie on the North, English on the East and Atlantic on the West.) having filed a petition for the vacation of the alley, and WHEREAS, The hearing on said petition, was preceded by two weeks published and posted notice', and WHEREAS, No one has appeared in opposition to -said pF?ti.tion, and WH TE -A►S, It appears for the best interest o:C the Sublie that said alley be vacated, NOW, '1 HFMFORE , BE IT RESOLVED By the Village Council of Maplewood, Minnesota that the alley in Brock 1, W. H. Fisher's Addition to Gladstone, Rd -meey County* Mmiasota, be and the same are hereby -vacated," Ayes - all Pursuant to due call and published and posted notice thereof, the hearing set for 9 :30 P.M. on this date to consider the vacation of the alley in Block 5, Clifton Addition (Block bounded )�y County Road B on the North, Lealand Road on the South, Atlantic on the East and Duluth on the West) was declared open by Mayor Luebben. lvhyor Luebben called for objections to the proposed vacation. Hearing none, Berger moved, Luebben seconded the adoption of the following resolution: 58 -10 -85 WHEREAS', Tie owners of more than 50% of the property abutting on the alley in Block 5, Clifton Addition, Ramsey County, Minnesota, having filed a petition for the vacation of the alley, and WHEREAS, The hearing on said petition' was preceded by two weeks published and posted notice, and WHE'IE,S. No one has appeared in opposition to said petition, and N WHEREAS, It appears for the best interest of the public that said alley be vacated NOW, THEREFORE, BE IT RESOLVED By the Village Council of Maplewood, .Annesota that the alley in Block 5, Clifton Addition, Ramsey County, Minnesota, be and the same are hereby vacated. Ayes - all The bearing set for 9s45 on this date regarding the beer and tavern license held by Starkey at 339 Century Ave. was declared open by Mayor Luebben. There had been a number of building, electrical and heating plant defects noted that W. Starkey had been advised would have to be corrected before consideration would be given to the application of the proposed new owners. Londin reported for the gas inspector, the electrical inspector and himself that the defects noted had been corrected. It was also noted that from the sanitation aspect that the premises are in good shape. Following the consideration of the defects and the correction of those defects, the application made by Luis Wickberg and Lorraine Michaud for an on and off .-sale, 3.2 non - intoxicating malt liquor and tavern license was considered. The police report stated that the applicants had no police record, Berger moved that the on, off and tavern licensee be granted to Lois Wickberg and Lorraine Michaud for 1t1aple- wood ]fiance Land at 339 Century Ave. Schmid seconded. Ayes - all Per. Gerald Bell appeared with regard to a problem at 1692 Rosewood Live, So. He presented a petition with the names of a number of people who opposed the establish- ment of a homing pigeon raising project. There were 12 names on the petition ob- jecting to the pigeons. Mr. Bell also reported that he felt that some of the indivi- duals had been intimidated in getting favorable signatures on the original petition on the keeping of the pigeons. It was pointed out that approval was granted assuming there were no ob jection3 and with the stipulation that approval would be reconsidered if objections were raised.. Berger moved that in view of the objections raised at a subsequent Council meeting that the Council reconsider the original approval and inform the home owner that he will not be permitted to keep pigeons at 1692 Rosewood Ave. South. Ha j icek seconded* Ayes - all Andrew Shuster, 1992 Maryknoll Ave., reported that the City of St, Paul had passed an ordinance granting him permission for temaporw,7 connections to the North St. Paul sewer. Memner pointed out that we had previously entered into an agreement with Mar. Shuster granting him pem. ission to build the homes but without the right to sell or oedupy those hones. He had now prepared a cancellation agreement. O'Mara pointed out that he wanted assurance that this property could be assessed by Maplewood at the time the Maplewood sewers are installed by recording the agreement on the abstracts for this property. O'Mara moved that the cancellation agreement be accepted subject to the provision that a notation be made in the property abstracts that the property is subject to assessments by the Village of Maplewood at such time that the Naplewood sewer installation is completed. Luebben seconded Ayes - all Schmid moved, Luebben seconded that the Village Attorney be instructed, to prepare a resolution to be recorded in the abstracts of property connected to sanitary sewer systems of other municipalities that such property will be subject to assessment by the Village of Maplewood if at some future date a system is in. stalled by this Village to serve such property. Ages - all Mayor Luebben reported that it is going to be necessary to either spend considerable mount of money in r epairs on the Ford squad car or consider the purchase of a new squad car for the police department. Luebben moved that we advertise for bids for a; new police car using the 1956 Ford for a trade -in. Berger seconded. Ayes . all The engineer and the clerk were authorized to arrange for a clerical assistant and a telephone in the Village Engineer's Office and to secure additional help for the Village Office. The matter of a cardex file system for the sewer payment records was referred to the engineer amd clerk's office for investigation and action. Berger moored that the Village Engineer be authorized to attend the Seminar on Bituminous Material at the University of Minnesota with his expenses to be paid by the Village. Schmid seconded. Ayes r all A discussion on authorized paid holidays was opened. The matter was referred to Nelson, Village Engineer, to determine the County policy. The same policy is to be applied to the Village employees. Chet Herringer, the developer of the Maple Leaf Out -Door Theater, requested permission to burn a small building on the proposed theater property on Saturday morning at 10 o' clock a It was suggested that the parkside Fire Department be given the opportunity to gain practical experience by o,-Yerseeing the destruction of the building. The Council granted the approval for the burning outside normal burning hours. The National Tea Store on Highway No. 100 and Highway No. 212 requested permission to build to the property sine. The Council felt that because of the wide road right.-of.-way at this location, that it would cause no visual obstruction and permission could be granted. Mr. Hoseth, Forrest Lawn Cemetery, requested permission to build a small 20x24 ft. metal building for the storage of cemetery equipment on the property across the street from the Forest Lawn Cemetery which is presently being used as a public dump. The Council granted permission. Londin, Building inspector, reported receiving a request for a building permit on a lot described as the North 121.1 feet of the South 271e4 feet of Lots 65 and 66, Gardena Addition, The owner proposed to use an address of 1359 Kchlman Ave. which already is in use on the South portion of the described property. The owner also proposed to use a 20 foot easement on the West 20 feet of Lot 66 for access. It was determined that this ways not in a position to later become a road easement. Because of the abnormal lot situAtion which would not fit into any orderly platting for this area, the request for permit was denied. A letter from the Planning Commission, with regard to a proposed oil company bulk plant on Bice Street, was read. They reported the area presently zoned commercial and the location suitable for the proposed oil distributing plant. The Manning Commission, felt there should be no objection to the plant if certain conditions are met by the company. The Planning Commission noted that oil plants are under State regulation and supervidion thus affording the public a large measure of security. They also noted that it would be advisable to make a matter of record the fact that a sanitary sewer may be run through the property and that provisions should be made by the granting of an easement through the property. They recommended the approval of the proposal. Luebben moved that the Planning Commissiongs report be accepted and that the Twin City Oil, Teminal co-, 517 Broadway St., St. Paul be informed that the Council will be pleased to review their plans for appro.val. Berger seconded., Ayes - all The Police reported that the owners of Curley and Ellen's Cafe, 835 Century Ave., requested that some effort be Me to eliminate a group of teen-agers who congregate there against the wishes of the owners. The Police felt the owners were not taking a firm enough. stand in correcting the situation,. They felt the owners to be partially at fault in permitting the practice, The Council considered revoking the on and off-sale, beer licenses, however,, there was no evidence or suggestion that violations of these licenses had occurred. In an effort to correct the situation before taking such drastic action, the Police were instructed to contact the owner and tell him that he should take immediate, Steps to elimi.nate this type of clienteJIL. The P oe X the help they can to Two IrVI-Oters were read frcm tl-"G, North St. Paul Comnc,,11 wl'!Ith re ga_r to the $1100 Fire Contract fee. The first acknow'a'.edged- r"T t1he, e-o'lltract too serve the area in the north-east corner of the W-11age. The, po,*Lrited out 1-10ha t $100.00 was at-11.11 the North St. Paul. Fire Deparlomelnt. un er V"he pee l"o- The Council ordered the pay-ment to be made as soon as poss-l"'ble. Ljunglren reported that he had had a discussion wlth Bannister Engi nee ,3,-.�U,1g with , �W , C suggested regard to border li.ne storee-1f;a. Llimgreu, had prepared a _Iette-& h.41. h he gg -sted be sent to the North St. PwUl Council asking for their ,,:,onsideration ,-,.f a joint meeting to den 901ope a policy with respecto to streets. It was reoalled that Memmer, VlIlage Attozln.ey, had been asked to contact North St. Paul on this watter. Before roaking a f-a_-tr.her the con su'.]_tiny; street, engineer and clerk are to confer -with 'Tlvts, mimer and take rapprcipriate. w.;L(ctf-ioza if Us attempts have been, unsuccessful, woject a. - e, certain. lc,,ts y ot e, -io, -ie bo leva.nls as ye1', o,4 l '0`6�ey.,Dl a-i-.0 Ev,,-,,-Us refused to d�7 --.,s and �,- 5 t I 4� requj,�,�e4j. jmr, ,e:r 16Y, d 1 Ur I tl -7o, do-ne the VA will iio�L. ,ce, �,v t 1, dis wcirk the funds for the street work, LJungren was authorized to contact lvbmmer and Evans in an attempt to work out an agreement whereby funds would be put in escrow with the village for the completion of the boulevard sodding. Evans could then be provU�d. with acceptance of the street for purposes of the VA through an agreement that the Village will complete the work without cost to the property owners. Berger moved, O'Mara seconded that the County Bill in the amount of $2,047.79 covering road work be paid. Ayes - all Memmer, Village Attorn.-ey, reported that he had prepared 'the necessary forms for the procurement of the tax forfeited property on Brooks Avenue described as Lot 2, Block 2, Auditor's Subdivision No- 76 which is to be used for road purposes. He recommended that the Village Council adopt the necessary resolution to be forwarded to the Land Commissioner. Schmid moved, O'Mara seconded the adoption of the following resolution-, lo - 86 WHEREAS, Lot two (2) in Block two (2). Auditor's Subdivision No. 76 within the Village of Maplewood is tax forfeited land now in the hands of the Ramsey County Land Commissioner; and IWIREAS, The above described lands are necessary for street purposes in said Village of Maplewood , NOW9 TI]EREFfORE9 BE IT RESOLVED That the. V13.1ag of Maplewood. through its Ykyor and Clerk, is hereby, authorized and directed to make application for transfer of a)t Two (2), Block Two (2), Auditor's Subdivision No. 76, according to the plat thereof on file and of record in the, off ice of the Peplst4-n_-�- of DeedAe ir. and for, Ramsey County for use by the Vil.',Lage as a pub2i,.ic, �;)treet, and thalt;l saa-�7.4 app.Uc(,..it1,oa be forthwith prepared by, the VII-ILlage Alttorx,.ey ano. upon, exee7 ton be forwarded to the Board of Comiissioners or Rwanst"Y Co"I'arit."y" Itbeting adjourxned at 1-.3.5 A, M, &4 Ftxz�restl; R. Sclud6d Vile Mtge Clerk. November 6. 1958 Aye's - all 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.- Schmid, Berger and 0 'Mara- 9 absent: Hajicek. O'Mara noted the omission of a second to a motion in the minutes of October 309 1958 meeting. The request that the Planning Commission review several areas of the Village with the possibilities of rezoning should be corrected to show it had been seconded by O'Mara. Luebben moved, O'Mara seconded that the minutes of the October 30, 1958 meeting be approved as corrected. Ayes - all JA,�etter from Edward F. Kishel of Bettenburg, Townsend, Stolte and Comb.,. Conti ,�s :�"':'dlting Sanitary Sewer Engineer, was read. He reported that while reconditioning - the street surface after the completion of sanitary sewer construction on Myrtle. Street south of Larpenteur Ave., the crew working for the Village undercut the street grade too deeply with the result that 45 to 50 feet of 8 inch sewer approximately 700 feet south of Larpenteur Ave. was torn out and crushed or broken to the extent that it had to be replaced. Without informing the engineers, the foreman took steps to replace -the pipe with his own forces, without benefit of grade stakes, an inspection and a check of materials used. The matter was brought to the Council's attention so that it would not be later claimed that the sanitary sewer contractor was at fault. Berger moved that the letter from Bettenburg be accepted and made a part of the permanent record on the sewer project. Luebben seconded. Ayes - all Hajicek arrived at the meeting at this point. In checking the minutes of a previous meeting it was found that the Building Inspector had been asked to investigate the condition of a building at 1750 English Street. Londin reported that he had not yet examined the building as it was his understanding that the Village Attorney was to start condemnat-ion action. He agreed to take care of the inspection as soon as possible. Moritz, Street Superintendent, reported that a property owner at Ferndale near Stillwater Road has been removing black dirt from property owned by him. He has received a number of complaints from the adjoining residents stating that a nuisance is being created. It was suggested. that the Village Ordinances be checked to determine whether or not this:;1jJn violation and a report made to the Council of the action possible in -this case,, The matter of a home on Prosperity- Av-e. that is felt to be in violation of the Health Code which was inspected on the compiailit of a neighbo-r. Luebben moved that the property on Prosperity also be inspec',ed by the Building -li-ispector to determine if it is habitable. Hajicek seconded.. Ayes - all. Londin, Building Inspector, recommended that vie now amend our code to require heavy duty cast, iron pipe for the plumbing facilit-,ies,, He advised that we make this change in order to have a unifoii-o. standard inside and outside the house as well as assure a better job. He also suggested that the requirements for basement plumbing vents be increased from 11 2 inch size to 2 inch size. He pointed out that the State Code calls for a 2 inch vent pipe for a toilet in the basement, however, the laundry tubs require only 12 vents. He suggested the require- 2 ments allow an alternative in the building code for a 2 inch vent that could be used for the basement toilet or a 2 inch vent on the laundry tubs which could later be adapted for a basement toilet. O'Mara moved, Luebben seconded that these amendments be made to the building code and the Village Attorney be in- structed to prepare the necessary amendments. Ayes - all John Distler, 1692 South Rosewood, appeared asking that the Council reconsider their action denying him permission to keep homing pigeons at Rosewood Ave,, address. He felt that he had been misled by the Council having granted permission and subsequently revoking it. It was explained that the Council had granted permission only because they felt the neighborhood had agreed. The later petition proved that a substantial number objected and the Council revoked the approval in view of the opposition to the project. Mr. and Mrs. Distler agreed that they would make no further attempt at his time to keep the pigeons but would wait until they have lived in the neighborhood for a period during which time an attempt could be made to secure the approval of their neighbors. The Council stated that they would reconsider this proposal at any time they could come in with the approval of all their neighbors. Acting Chief Pepin and Sergeant Richard Schaller appeared with recommended specifications for the police car proposed for purchase to replace the 1956 model car. They reported first on checking the various garages and filling stations in the Village. They found only three that do repair work. They suggested that it be put out on the basis of bids. The Council did not feel this would be a satisfactory solution but rather that the work be rotated among the various service garages. It was pointed out that the Council's interest was only in giving as much business as possible to the local stations assuming that prices remained competitive. The Council reviewed the proposed specifications prepared by the Police Department which were drawn up to include the new squad car using the 1956 Ford as a trade-in, the change over of equipment and the changing of the radio. O'Mara moved that the Police Department be authorized to advertise for bids for a new squad car. Luebben seconded. Ayes - all Berger moved that the County be paid $119884084 for road work completed in the reconstruction of County maintained streets damaged 'by sanitary sewer construction work. Schmid seconded. Ayes - all The Council agreed to meet for lunch on Monday- to discuss and view the proposed shooting range under construction by the St. Paul Police Department on the new City-County workhouse detention property at Century Ave. and Linwood Ave. It was suggested the Council discuss the prohibition of residences in *.'.Light and heavy manufacturing zoned areas at the next meeting when the Village Attorney would be present. A letter from Ljungren, Consulting Street Engineer, was read in -wh--'Lch he recommended that partial payment be made for the improvement of Conway Ave. Berger moved that the engineer's report be accepted and the Council authorize the payment of Avoles' Construction Co. for the construction of Conway Ave. in the amount of $32,689083 which represents 90% of the cost for work done to date. Luebben seconded. Ayes ® all Ljungren, Consulting Street Engineer, asked for authorization to make testings in the slough area of the proposed new English Street. Berger moved that the engineer' be authorized to proceed with the necessary borings to determine street conditions. O'Mara seconded. Ayes ® all Ljungren also reported on the proposed widening of Frost Ave. The matter of the railroad signals was discussed. The signals are to be moved by the County under. contract to the railroad if street construction conditions warrant it. Bronson.,. County Engineer, asked to have the matter resolved so he may arrange for the work if the Village plans to proceed with the Frost Ave. improvement at this time. The Council suggested that the matter be deferred until the next construction season and that Mr. Bronson be so informed. OW A letter from Mrs. Bert Benson, 638 Price Ave., requested a street light at Price Ave., Payne Ave. and one on Edgerton Street. A petition was also received for r"he installation of lights on Ripley Ave. at Atlantic and Frank Streets. O'Mara requested that the engineer also investigate the installation of lights on Larpenteur Ave. befween Barclay and Kennard. Berger requested that a light be G installed at 5th and Ferndale. These matters were referred to the engineer for investigation and action. The next matter cons-.1dered was the application for an off-sale, non-intoxicating malt liquor license, for Richard J. Henschell for the Schroeder Dairy Store at 2612 North Highway 610 Acting Chief Pepin reported ithat a police investigation of Mr. Henschell fo-and no record of any offense. Because the license was for an establishment previ_,Ously licensed and cleared by the other inspectors, no report from them was felt necessary. Schmid moved, Luebben. seconded that the license be granted. Aye s - all 4 Berger pointed. out, thak-, ail'-though the County had agreed to change the street signs on streets where n,arrje changes had been approved., they had failed to carry out their agreement. Berger moved that a letter be sent -ILo the County Board requesting that the change ble made on those streets where the Is.-treet names had been changed. Luebben seconded. Ayes - all A petition for vacalt-,,ion of the alley in Block 1, Kredells Addit-ion was read. As the petition contained the requi..red number of signatures, an abstractor's certificate and i-.Jr). e" . proper $20.00 fee, the Mayor set the hearing for December 4, 1958 P.M. at 8.-l',-0 P,m. W Robert Westbroalec, Ch2i.ef Of the Parkside Fire DePartment, appeared with regard to the proposed. X the Parkside Fire Department building. He reported that following ear"Li.er dd.scussion of plans and arrangements for a 1959 fire contract with the V.111_1 ..age, he had approached. th�.-,, ("e,,-pJK.,tal City Bank- with whom they discussed f.-Lnancing of the project.. The Bark agreed to finance up to -two-thirds of the amount needed. The total amount involved is $20,000.00 which includes the property and the building. They are in need of $6500.00 to proceed with their plans. It was proposed that the Parkside Fire Department be given an advance of $6500.00 to be repaid at $650-00 per year with no interest. Berger moved, Luebben seconded that an advance of $6500.00 be authorized, re- payable interest free at the rate of $650.00 per year for 10 years from the yearly annual contract agreement. The papers are to be drawn up by the Village Attorney. Aye s - al. 1 Mayor Luebben reported that there are 2 signs from the 1.958 Golf Tournament still_ standing. The JC's of St. Paul have been contacted on numerous occasions and asked to remove them. They have failed to do so. It was suggested that the Village road crew be asked to remove the signs and. bill the JC's for the. labor involved. Before taking such action, however, it was agreed to attempt to arrange for removal of the signs with the County. The Clerk was instructed to write a letter to the County Board requesting that the signs be removed. The request was received from the National Advertising Co. to erect a sign for the American Van Lines on property owned by Harvey Zuercher at the junction of Highway No. 61 and County Road "D11. In line with the Council policy prohibiting the erection of advertising signs in the Village, except in cases where the -business involved is located on the property on which the sign is to be erected? Schmid moved, Luebben seconded that the signs be removed. Ayes - Luebben Hajicek Schmid Abstained ® Berger O'Mara Londin, Building Inspector, reported that the Boulevard Nite Club at 1740 Rice St. had been reconstructed according to the instructions given him by the Village Council., The Electrical Inspector's report was also read which indicated that the building had been rewired. and was now safe- for public occupanc-v. Laebben moved, O'Mara seconded -that the licenses appl'ied for by Matt. Sack, owner of the establishment, prior to the decision to require the extensive repairs to the building, be granted. Ayes - all Nelson, Village Engineer, reported that the Village forces are again JLn a position s -�- f il,7 t.o undertake the snow plowing of that area of the V-,,.11age ea L. or Higl ay No. 61, south of Highway No. 36, west of McKnight Road and north of Larpenteur Ave. Ile recommended that the balance of the Village snow p1,-,f WLng be perfo:mried by Ramsey County fDrce.s. Berger moved, Schmid seconded that the Village Engineer recommendation be accepted and the following -r°eso'_1_ution be adopt,ed.- 58 - 11 8 7 All that portion of -the Village south cif the North St. Pact'l li'll lage limit-s between Moffnigh.t Road and Century Ave. All that portion of the Village lying west of Highway No. 61 All that portion of the Village lying east of Highway No. 61 and north of Highway No. 36. Ayes ® all Schmid moved., Luebben seconded the appointment of the following named election judges for the December 2, 1958 Village Election: Lorraine Tepe Lil Vincelli Jean M. Garrity Merlyn Hanson Helen Lundell Alice Sether Phyllis D. Buckner Evelyn Lucas Grace Anderson Evelyn V. Nielsen Patricia Joy Kennedy Mrs. Leonard Kuehn Florence Moritz Rose G. McShane Mrs. Russell A. Boogren Rose A. Bruentrup Joe Rangitsch Helen Borglund Mary P. Luger Mildred Grealish Eleanor Meacham Yvonne Bell Leona A. Broberg Charlotte E. Sindt Archie Cook Evelyn Judkins Gertrude Gatzke Bessie Hawkinson Irene B. McClellan Isabelle McGuire Ethel H. Coleman Ayes - all Meeting adjourned at 11:15 P.M. f. �-} e Forrest R. Schmid Village Clerk November 20, 1958 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: Berger, O' Mara and Hajicek ; absent .-D Schmid. O'Mara pointed out an omission of a portion of Resolution No. 58 - 11. 87 and stated the beginning of the resolution should read "Resolved, That the Village Engimeer-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 Department :% Luebben moved the approval of the November 6, 1958 minutes aw aarreated. Ha jicek seconded. A1es - all 0 °Mara moved the approval of payment certificate No. 7 to Lametti and Sons for Project, Na..; 1 for work completed through October 31, 1958 in the amount of $112,160:.2 -. Berger- se•c•6nded. Ayes ® all 01-Mara--read-payment certificate No.. 7 from_.:Bettenburg, To#nsend, Stolte and Comb, Sanitary Seger Engineers, with regard to Robert W. Moore in Project No. 3. The ce-rtifica-te stated that it is a semifinal document in that the work on this pro. jest is substantially completed with only minor corrective items remaining. It also noted that in addition to the original contract, approximately 1000 feet of 19" sfewer- line had been added on Margaret Street west from McKnight Road, 1100 feet of clad* pipe had been replaced with corrugated metal pipe along Century Ave. and, a special manhole had been required at Margaret and Wintbrop which added approximately $2400 to the total cost and more service connections had been installed than had been anticipated. Thus the total payment will be higher than the original d'antract price. Nelson, Village Engineer, and Londin, Building Inspector, were advised to notify the sewer installers when they apply for permits on Mary Street and Bartelmy Lane in Minnehaha Highlands, that because of the critical grades in these streets the sewer lines are shallow and elevations of service lines should be verified before connections are begun. Luebben moved, Berger seconded the approval of payment certificate No. 7 to Robert W. Moore for work completed in Project.No. 3 through October 31, 1958 in the amount of $11,961.04.. Ayes - all O'Mara pointed out that the line crossing Ascension Cemetery is being accepted from the contractor conditionally because of infiltration and will be inspected again in the Spring before it is accepted permanently. Trustee Berger asked if the Council would be making an inspection of the streets of the Village as he felt there was work the sewer contractor should still be responsible to complete. O'Mara pointed out the sewer contractors are aware of the fact that they have considerable clean-up work to do and will no doubt be working on the streets yet next Spring. The Village will hold 10% of the payments to the contractor until this work is completed. Theodore Freiseis, 1922 Castle Ave., appeared before the Council to ask for a garage permit on his property. Londin, Building Inspector, reported that Mr. Freiseis had applied at the office for a building permit for his garage. It had been deter. mined at that time that Mr. Freiseis had already installed a slab for floor of the garage only 2 feet from his property line. It was explained to the Council and Building Inspector that arrangements had been made to purchase adjoining property with which to fulfill the side line requirement. It was agreed that the permit could be processed through the Clerk's office. James T. Denery, 508 Endicott on Fourth, appeared representing Mr. Okinich, 172 English Londin, Building Inspector, explained that Mr. Okinich is living in a building that had been originally built as a tool shed'and the neighbors are complaini.ng.about it quite vehemently "Londin:`recommended that the building cease to beI-used as living quarters. Mr. Denery explained that Mr. Okinich does not intend to live in this building indefinitely but would like permission to stay there until the first of March or April, 1959. The Council informed him that permission such as this could not be given. The matter was laid over until"a later date.. Mr, Denery then asked if it would be possible to obtain a building permit on a 50 foot. lot in this area. He was told that a permit would not be given for an undersized lot in this instance, as Mr. Okinich had originally owned considerable property adjacent to this fifty foot lot and should have kept at least 75 feet of it for building purposes. Miles Thorsten, 1717 Burns, St. Paul, asked about the possibility of establishing a'trailer court in Maplewood. Trustee O'Mara.po "inned out that the policy of the Council.has been not to allow any more trailer courts in the Village of Maplewood as there are three already within the Village limits. The question was raised as to whether a sewer installer should be refunded the fee he.has paid on a permit if another contractor finally completes the ,fob. O'Mara moved, Berger seconded that due to the amount of time and extensive clerical and bookkeeping work involved in each of the sewer permits, no refund should be given and .the Clerk be instructed to stamp each permit with-the notation, !'No refunds will be given on this permit ". Ayes all Pursuant to due call and published.and posted notice thereof, the hearing set for 8000 P.M. on this date to consider the vacation of the alley in Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota (Block is bounded by County Road "B" on the North, Burke Ave. on the South, Hazelwood on the East and Barclay Sto on the West.) was declared open by Mayor Luebben. Mayor Luebben called for objections to the proposed vacation. Hearing none, Berger moved, O'Mara seconded the adoption of the following resolutions WHEREAS, The owners of more than 50% of the property abutting on the alley in Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota, having filed a petition for the vacation of the alley, and WHEREAS, 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 WHEREAS, It appears for the best interest of the public that said alley be vacated, NOW, THEREFORE, BE IT RESOLVED By the Village Council of Maplewood, Minnesota that the alley in Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota, be and the same is hereby vacated. Ayes m all Londin, Building Inspector, reported on his inspection of 1800 English Street. He stated that Mrs. Weise had moved out of the barn type building into the dwelling on her property, thus eliminating the problem of an improper dwelling, Londin also reported on the home he had been asked to investigate on Prosperity Road. The only hazards he could find in the home that were an obstruction of the. front door and some faulty wiring. He had written a letter to the owner informing them of these situations and requiring that the hazards be corrected. He stated that they do have an.outside privy but, as there is no ordinance against them and the fact that within a year the owner will be required to connect to the sanitary sewer system, he felt no further action was warranted at this time. The owners have had a service connection run to their property line. Nelson, Village Engineer, reported that he had contacted the County with regard r. to their practice of paid holidays. He stated that he had found the County has been giving their employees the eleven paid holidays which the County civil service manual recommends and they have also been giving them either Friday or Monday off if any of these holidays fall on a week -end. The matter was referred to Trustee Berger and Clerk Schmid for further study and recommendation as to what should be decided on for Village employees. The Council authorized Earl Nelson, Village Engineer, to sign purchase orders for the Street Department. Nelson, Village Engineer, recommended that permits be required for blasting of any kind in the Village, The Council asked him to check with the City of St. Paul and other municipalities to see what regulations they might have concerning blasting and bring back a recommendation to the Council. Harold Krenz, 1287 E. Lark, stated that the blacktop drain by his driveway had been destroyed with the installation of sanitary sewer and he asked if this could be replaced. Trustee Berger assured him that this would be accomplished yet this fall. Mr. Krenz also complimented the Council on the competent manner in which they had guided the construction of the sewer and reconstruction of the streets to date. A letter was read from Kermit Hedman, Ramsey County Director of Civil Defense, which gave a resume of the expenses incurred in a Police Training Course for the Maplewood Civil Defense Unit completed on November 12, 1958. They were as follows: Total expenses incurred by Ramsey County Civil Federal Civil Defense Administration Matching Funds - -- --- �r_+�r_ 0. 00 Balance to be paid by Village of Maplewood--- r_ +r+- ___ +_r_r__ 8 Luebben moved the approval of the payment in the amount of $64.28. Berger seconded. Ayes - all Al Sohilla, Chief of the Gladstone Fire Department, stated that Mr. McNulty, Maplewood Civil Defense Director, had approached him with the idea of having four. civil defense volunteers on call each week to direct traffic at their fires. The Counoil expressed a favorable attitude toward'suoh an, arrangement as it would tend to keep the Civil Defense Unit active as well'as'aid the Fire Pepartment« Trustee Berger opened a discussion concerning the possilaility of sewer lines being installed in new developments before streets are constructed even though sewer is not available in the immediate future. Ljungren, Consulting Engineer, pointed out several factors that would have to be considered before anything could be decided. Ljungren, Consulting Strget Engineer, reported that the streets in John Klunots Crestmoor Addition had been accepted September 4, 1958 He stated that in view of the taot.that the completion of the bituminous surfacing on these streets is covered by a bond and there will be no additional expenses involved on this portion of the projeot, he-would reoomtend;tbat the balance of the escrow money paid by Mr. Kaune on thew streets be returned. Luebben moved that the engineer's re.. commendation be accepted and that Mr. Klune be refunded the balance in the escrow fund ,fox Crestmoor Addition. Ha jioek seconded. Ayes - all .Trustee Berger, Commissioner of Streets, stated that he would like to appoint an Assistant Street Superintendent and asked if the Council would have any objections. The Council authorised him to proceed with his plan for an Assistant Street Superintendent. i Mr. Moritz., Cesspool Inspector, stated that he had recommended that a dria.nfield be installed at 1776 Jackson. Robert Evans,.the contractor involved, had insisted on installing a cesspool and stated that he would ,sign an' agreement , that he would oorreot'it again if it failed to work properly. Memmer, Village Attorney, was asked to draw up the necessary agreement. Mommer, Village,Attorney, reported on the proposed advancement:off',$650Q.00 to� the Parkside Fire bepartment and advised that it could be handled as proposed. Berger moved, Luebben seconded the adoption of the following'remolutions 58 -11 -89 RESOLVED, That the attorney be and hereby is instructed to draw up a contract between the Village of Maplewood and the Parkside Fire Department to provide for the advanced payment of $6500.00 for fire protection. Said advancement to be charged against the contract price for Fire protection in 10 equal installments of $650.00 each. Ayes - all The Attorney was instructed to, prepare an ordinance regulating the black dirt industry. The Attorney stated that the former licensee's husband of the Scandinavian Nite Club had asked for a refund on the on and off -sale, non - intoxicating malt liquor licenses and tavern license which they had paid for at the beginning of the license year. The Council refused to consider a refund as the ordinance does not provide for one. Schmid, Village Clerk, arrived to take his place at the meeting at this time. Memmer, Village Attorney, presented a proposed ordinance providing for the licensing of dogs with the responsibility placed directly on the owners to take -the place of the ordinances presently in force. The desireable provisions of earlier ordinances were also incorporated into the new ordinance. The ordinance was discussed by the Council as to the separate provisions. After much consideration, the establishment of fees and several changes, including a set period of leashing from April lst to October 31st of each year, Berger moved the adoption of the following ordinance- ORDINANCE NO. 67 AN ORDINANCE PROVIDING FOR THE LICENSING OF DOGS ;AND PRO. VIDING CERTAIN POWERS FOR THE VILLAGE COUNCIL FOR_TRE CON- TROL OF DOGS AND IMPOSING PENALTIES FOR VIOLATION, AND RE- PEALING ORDINANCES NOS. 89 12, and 47. Luebben seconded. Ayes - all Memmer also presented ,a copy of a proposed ordinance regulating the use of street right -of -way. It was designed to prohibit certain acts. A specific Act, reported by the Police Department involved damage to curbing caused by crossing street center islands. Following a serious discussion, Luebben moved, Berger seconded the adoption of the.following ordinance: ORDINANCE NO. 68 AN ORDINANCE RELATING TO STREETS, DEFINING CERTAIN ACTS AS UNLAWFUL, AND PROVIDING PENALTIES FOR VIOLATIONS. Ayes all Memmer again brought up the matter of the Northern States Power Company's request for a suit for a.declaratory ,judgement. The Village Attorney was authorized to do some preliminary research to determine whether or not this action should be taken. O'Mara explained that sewer had been constructed on County Road "B" to serve homes in the vicinity of Paul Street which was previously vacated. In addition to serving Kenneth Ridler, the home owner requesting the sewer in this area, it would be possible to extend the line and provide service for Keller Golf Course. Bronson, County Engineer, has agreed that this would be desireable. It will be necessary to secure an easement on the former Paul Street in order to provide this service. O'Mara proposed the assessment be deferred on the unused lots abutting the proposed easement and owned by Mr. Ridler. A connection charge would be made at such time that houses may be built on those lots. Londin, Building Inspector, was instructed to contact Mr. Ridler and explain the proposal to him. Trustee Berger requested permission to advertise for bids for a carryall to be used by the Street Foreman and the Village Engineer in place of their own vehicles. This action would eliminate the payment of mileage for the use of private cars. O'Mara offered to add $1000.00 to the purchase from the sewer maintenance fund. Berger moved that the Village Engineer be authorized to advertise for a bids on a carryall truck. Luebben seconded. Ayes - all In view of the realignment of office duties under which Bernice DeRung has been assigned to the Village Engineer's office, Schmid moved that Bernice DeRung's appointment as Clerk to the Treasurer be rescinded and Geraldine Nord be appointed in her place. Berger seconded. Ayes - all A letter from Superintendent Williams from the Roseville School District was read clarifying the use of school grounds for skating rinks. He pointed out that the Village of Roseville is responsible for the installation and maintenance of such skating rinks on' school grounds within his district and it is not a function of the school board. He offered the use of any school grounds in the Village of Maplewood for skating rinks if the Village wished to make.such use of the grounds. O'Mara suggested that serious consideration be given to the matter of municipal water. It was agreed that preliminary contacts would be made to determine the necessary steps and costs involved in a study. The matter was referred to Trustee O'Mara for further investigation. Berger moved,,Luebben seconded that the deceased Jacob Koch's accrued vacation pay be paid to his heirs. Ayes - all A letter from James Swan, Executive Secretary of the Ramsey County Board, was read regarding the signs on or near Keller Golf Course. The letter directed the County Engineer to remove the signs, as requested by Maplewood. A letter was. read from Francis X. Trudell, owner of the Northernaire Motel, asking for consideration for a liquor license. The Clerk was.instructed to write a letter to Mr. Trudell informing him that no such licenses are available. The Clerk reported that it was necessary to replace Yvonne Bell as an election official because of the decision of her husband to run for the office of trustee. Schmid moved, Luebben seconded that Minnie Vold be appointed to replace Yvonne Bell as an election judge. Ayes - all Meeting adjourned at 12x15 A.M. Dorothy Heyhy Forrest R. Schmid Deputy Clerk Village Clerk December 4, 1958 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, Hajicek and Schmid; Absent: Berger. O'Mara moved, Hajicek seconded that the minutes of the November 20, 1958 meeting be accepted as submitted. Ayes - all O'Mara reported on a discussion with the Consulting Sanitary Sewer Engineer with regard to plans for construction next year. He felt that the first consideration should be given to the area west of Arcade Street and that the City of St. Paul should again be contacted to determine whether any connections will be available there during 1959. The second consideration,. he felt, should be given to the area south of Highway No. 12 to connect to the Battle Creek Trunk Line. He suggested that a preliminary study be made to determine the cost which could then be communi- cated to the residents of the area before asking them whether they want sewers. The Beaver Lake area is also to be considered for next year. A preliminary survey has already been completed in that area. Also the possibility of a line up to County Road IICII for the John Klune Addition is under consideration as a result of requests for service from residents. Another area to be considered is the extension of English Street north of Highway No. 36. When further study has been made of the areas the Council will be presented with a full report. O'Mara moved, Luebben seconded the authorization of the payment to Bettenburg, Townsend, Stole and Comb for 90% of the balance due for General Supervision pro- Vided to date in the amount of $15,291.99. Ayes - all O'Mara then read the letter of the Village Consulting Sanitary Sewer Engineer with regard to the balance of Project No. 3 along Century Avenue. Ile explained in that letter that although the line is not completely satisfactory and may require some work next year, the line is being accepted conditionally. An agreement has been reached with Robert W. Moore, the contractor, promising to make any necessary corrections as soon as weather-conditions permit in 1959. Andrew Donnay of the Donnay Construction Company appeared with regard to their plat which is located in North St. Paul but has common boundaries with the Village of Maplewood. He was asked to await the arrival of the Village Attorney and Consulting Street Engineer who met with North St. Paul officials on the problem of boundary streets and utilities located in those streets. Nelson, Village Engineer, reported on the matter of a blasting ordinance. He stated.. that the St. Paul Ordinance, although not very detailed, did require a permit and- the furnishing of a bond when blasting operations were necessary. He recommended that an ordinance be adopted by the Village which would include similar provisions. Mayor Luebben suggested that Nelson, Village Engineer, work with Memmer, Village Attorney, for the preparation of an appropriate blasting ordinance. Memmer, Village Attorney, reported on a resolution prepared for submission to the County Register of Deeds. The resolution will be included in the abstracts of all property which abuts boundary streets,thus giving notice to the owners of such property of the intent of the Village to assess for sanitary sewer even though the owner may be receiving service from the adjoining municipality. O'Mara moved, Luebben seconded the adoption of the following resolution.- 58 - 12 - 90 "BE IT RESOLVED That the Village of Maplewood hereby notifies all persons that the said Village reserves the right at all times to assess property within the Village for the cost of sanitary sewer construction even though such property abuts a borderline street constituting a boundary between Maplewood and any adjoining munici- pality may have previously installed and constructed a sanitary sewer line to which such property within the Village is already connected at the time that the Village of Maplewood constructs its own sewer line therein." Ayes - all Memmer, Village Attorney, then reported on the preparation of an ordinance regu- lating the removal of Black Dirt from private property. The intent of the ordinance is to prevent commercial interests from removing black dirt to the extent that a neighborhood nuisance is created. After due consideration and discussion, Luebben moved, Hajicek seconded the adoption of the following ordinance: ORDINANCE NO. 69 AN ORDINANCE REGULATING THE EXCAVATION OR REMOVAL OF NATURAL MATERIALS FROM LANDS WITHIN THE VILLAGE, PROVIDING FOR PERMITS AND PRESCRIBING PENALTIES FOR VIOLATION, Ayes ® all Pursuant to the provisions of an advertisement for bids properly published in the Official Newspaper, Mayor Luebben declared the meeting open for the considera- tion of bids received for a new police squad car. The following bids were received.- Merit Chevrolet Co., Total delivered price $1t995-00 Accompanied by a -Cashier's Check for 199.50 East Side Motor Sales Net bid price $10945-00 Incorporated Accompanied by a Cashier's Check for 195-06 Midway Ford $1,720.00 Plus accessories & Add. 202.50 (This does not include the carburator or 4 ply nylon tires) Midway Ford (conto) Accompanied by bid 10% of Bid bond. Because of the variation in methods used to arrive at the bid price and to in- sure that the specifications were met in each case, Luebben moved that the bids be referred to the mayor and Trustee Hajicek for tabulation and report. Schmid seconded. i Ayes ® all Memmer reported on the meeting with North St. Paul Engineer on border line streets. With respect to the specific case in which Mr. Donnay was interested, it was felt that the grade, as established, would be correct. There would be two lots in- volved which would be too low,but because the owner of the two lots would be receiving a street without cost in front of his property that it would offset the cost of grading these two lots to the street level. The same property owner would also receive the benefit of the street on several other lots owned by him for which the grade is correct. Proper grading of these other lots will provide sufficient fill to bring the low lots to street grade. Provisions are also being made for proper drainage in the area. It was also agreed at this meeting that for future street construction, after the level has been determined, by mutual agreement the specifications of the municipalities with the most rigid requirements will be used to'govern the construction. Memmer recommended that the grade suggested by the contractor be accepted in this particular case, but that an ordinance be drafted for future use in determining these matters. It was also felt that because of the difficulties that might be involved with regard to the future administration of utilities that each municipality would build its own facilities in the street. Luebben moved that the report of the attorney and consulting street engineer be accepted. Schmid seconded. Ayes - all Pursuant to due call and published and posted notice thereof, the hearing set for 8:30• P.M. on this date to consider the vacation of the alley in Block 1, Kredel's Addition to Gladstone, Ramsey County, Minnesota (Block is bounded by County Road "B" on ' the North, Kredel Street on the South, Germain Street on the West and White Bear Avenue on the East) was declared open by Mayor Luebben. R.J. Dahlin, 2152 Prosperity Road was present as one of the petitioners for the vacation. Mayor Luebben called for objections to the proposed vacation. Hear- ing none, O'Mara moved, Hajicok seconded the adoption of the following resolution: 58 .. 12 - 91 WHEREAS, The owners of more than 50% of the property abutting on the alley in Block 1, Kredel's Addition to Gladstone, Ramsey County Minnesota having filed a petition for the vacation of the alley, and WHEREAS, The hearing on said petition was preceded by two weeks pub- lished and posted notice, and WHEREAS, No one has appeared in opposition to said petition, and WHEREAS, It appears for the best interest of the public that said alley be vacated, NOW, THEREFORE, BE IT RESOLVED By the Village Council of Maplewood, Minnesota, that the alley in Block 1, Kredel's Addition to Gladstone, Ramsey County Minnesota be and the same is hereby vacated. Ayes ® all A letter from Ljungren, Consulting Street Engineer, was read regarding Conway Avenue. He stated that he had viewed the work done under the contract for the improvement of Conway Avenue from a point 2000 feet east of McKnight Road to Ferndale Avenue by grading, storm sewer and gravel base construction. He found that the work had been fully completed in all respects according to the contract as subsequently modified. He recommended that final payment be made to Avoles Contracting Company for the balance due on said contracts The total final construction cost is $41,603.64. Deducting previous payments of $329689.83, there is a balance duo of $8,913.81. Luebben moved that the engineer's recommendation be accepted and final payment be made to the Avoles Contracting Company. Hajicek seconded. Ayes m all Ljungren reported that in the construction of this section of Conway Avenue only a portion of the storm sewer work had been completed because of the lack of funds. It had been necessary to eliminate a storm sewer planned for an area west of Ferndale which is low and requires drainage. An agreement was made with the property owner concerned that the drainage problem would be taken care of by the Village either through a permanent or temporary means at some future date. He stated that he had received a call from the property owner's Attorney asking for a letter to this effect. In response to a question by the Council, Ljungren stated that he felt that it was only fair to provide relief to the property owner. He suggested that the Village Attorney be re- quested to write the requested letter because the Village Attorney had carried on the rest of the negotiations in arranging for the delay in the correction of the problem. The Council authorized Memmer to prepare and send such a letter giving the property owner the necessary assurance. Change Order No. 1 which amended the contract for the street grading and gravel base construction in Pflueger's Addition was presented to the Council. This change order included a deduction for class 4 gravel found on the site and an addition for the installation of the culvert at the intersection of Kennard and County Road "B ". It showed a total net deduction of $339.50. Schmid moved that Change Order No. 1 be approved. Hajicek seconded. Ayes ® all A letter from the Consulting Street Engineer was read with regard to the acceptance of Pflueger's Addition. He stated that he had viewed the streets improved under the contract, Burke Avenue from Kennard Street to Prosperity Road and Kennard Street from Burke Avenue to County Road "B" by street grading and gravel base construction, and had found that they had been fully completed in all respects according to the contract. He recommended that final payment for construction work be made from the escrow fund for said improvement to David 0. Gulliford, Inc., in the amount of $4,083.05. Hajicek moved, Luebben seconded the acceptance of the recommendation of the engineer and the payment of the contractor. Ayes m all Ljungren reported that suitable gravel had also been found on the site of the street improvement in Smith and Taylors Addition. The streets in this project are: Sandhurst Avenue from Flandrau Street to Prosperity Road Laurie Road from Flandrau Street to Prosperity Road Lark Avenue from Flandrau Street to Prosperity Road He recommended the approval of Change Order No. 2 which amended the contract for the improvement of the above streets in the amount of $803,25. Ayes ® all A letter from Ljungren, Consulting Street Engineer, was then read regarding Smith and. Taylor's Addition. It stated that he had reviewed the work under contract for the improvement of the following_streetso Sandhurst Avenue from Flandrau to Prosperity Road., Laurie Road from Flandrau to Prosperity and Lark Avenue from Flandrau to Prosperity by street grading and gravel base construction. He had found that the same had been fully completed in all respects according to the contract. He recommended final payment for construction be made from the escrow fund for the improvement to David 0. Gulliford Inc., for the balance due of $4,358.85. Attached was an itemized statement of the final construction cost. Luebben moved that the Engineer's report recommending acceptance of the grading and gravel base construction on the streets in Smith and Taylor's Addition be approved and payment be made to the contractor. Hajicek seconded. Ayes m all A letter was read from the Consulting Street Engineer with regard to the costs of the road improvement in City Heights Addition. Included in the total were the following items: Construction cost: $26,577047 Engineering cost: 29914.81 Legal cost: 82.50 Overhead, Advertising: 10-50 Total Cost: $29,585.28 The engineer's recommendation for final acceptance of these streets in City Heights Addition was then read. Luebben moved that the following resolution be adopted accepting the streets in City Heights Addition. 58 -12 ®92 RESOLVED, That the following named streets, all in City Heights Addition: City Heights Drive from Dion Street to Summer Street Agate Street from Larpenteur Avenue to City Heights Drive Onacrest Curve from Agate Street to Agate Street Dion Street from Jackson Street to Agate Street having been viewed by the Consulting Street Engineer, Milner W. Carley and Associates, found to hav,e been completed in all respects according to the contract and recommended for acceptance i by the Village of Maplewood, are her6by approved and accepted for maintenance. O'Mara seconded. Ayes ® all Kishel, Consulting Sanitary Sewer Engineer, presented and reviewed a number of change orders that were agreed to during the course of the sanitary sewer con- struction. He felt that it was now necessary to formally approve these change orders in order to accurately compute the final cost on the contracts. They apply to Projects Nos. 2 and 3 which were constructed by Robert W. Moore. Change Order No. 1, Project No. 2 refers to the substitution of cast iron pipe for vitrified clay the at a cost of $2.95 per foot. The substitution was made when it was found that underground conditions required the cast iron pipe to eliminate infiltration of the line. Also involved was an item for calcium chloride which was spread on Larpenteur Avenue and 2 culverts which had to be replaced during the construction of the Larpenteur Avenue line. Luebben moved, O'Mara seconded the approval of Change Order No. 1, Project No. 2. Ayes ® all Kishel then reported on the Change Orders for Project No. 3. One item was the construction of a special manhole. The second item was the substitution of special pipe through the swamp area. O'Mara moved that the Change Order in Project No. 3 be approved. Luebben seconded. Ayes ® all Memmer reported the preparation of an agreement with the Northern Pacific Rail- road Company for the acquisition of a 30 foot right-of-way on Frisbie from English to Frank and on Frank from Frisbie to Frost Avenue. The acquisition of this right-of-way was found necessary in order to properly locate the sanitary sewer lines serving this area. O'Mara moved the adoption of the following resolution.- 58 - 12 - 93 RESOLVED, That the Village purchase from the Northern Pacific Railway Company the following described property: The S 30 feet and the W 30 feet of the N 990 feet of the NE, of the SE1 4 of Sec. 16, T 29, R 22 West, 4th principle meridian except the W 30 feet of the N 33 feet of said subdivision, and that the Village Treasurer be authorized to issue a check in the amount of $2,500.00 to pay for said easement for sewer purposes and which is to be paid out of sanitary sewer construction fund. Luebben seconded. Ayes - all Memmer reported he had had a call from John Klune regarding the road money deposi- ted in escrow with the Village for road construction in his Crestmoor Addition. A letter was then read from Mr. Klune in which he requested the return of the unexpended balance of the escrow fund remaining after completion of the grading and gravel base construction of Bittersweet Lane from Edgehill Road to Demont. The Village Attorney was requested to draw up an agreement with Mr. Klune under which he would be refunded the balance of his escrow money. The agree- ment is to include the provisions that he will not be issued building permits on the street involved, that there will be no maintenance provided on the street and that he will be required to follow any changes in the street construction ordinance which may be made between now and the time the agreement is made for final surfacing. A letter was received from the Hazelwood PTA which expressed thanks to the Village Council for their action in forwarding and joining in the request for the construction of a new railroad bridge on County Road "C". Another letter was read from the Hazelwood PTA which expressed their anxiety at the .shooting near the school. They request that no more hunting be allowed in or around the school and stated their willingness to take any action necessary to stop this activity in the future. The Clerk was instructed to prepare and address a letter to the Superintendent of Wardens of the State Conservation Department requesting that they prohibit such activity in the vicinity of school property. Following a review of the election results, O'Mara moved, Luebben seconded the adoption of the following resolution: RESOLVED, That the Council, certifies the following as 2nd, 1958 election: Trustee: Gerald H. Bell Walter H. David Robert Hajicek Byron Holm David L.G. Jones John J. McNulty Joseph A. Zappa Clerk: Carl W. Curran Forrest R. Schmid I Justice of Peace: Herbert M.'Bond Donard J. Kunesh Raymond W. Olcott Frank J. Sailer Jacob Peters 58 - 12 - 94 acting as canvassing board, hereby the official results of the December 230 89 359 256 91 110 121 455 826 426 140 170 520 1 Constable: Robert H. Anderson 491 David E. Betz 141 Hugh Boyd 174 Louis Caliguire 137 Eugene W. Campbell 247 Herb Wegworth 1 Julian Kaeder 1 Special Election "Shall Option Plan A, modifying the Standard Plan of Village Government by providing for the appoint- ment by the Council of the Clerk and Treasurer, be adopted for the Government of the Village ?" Yes 703 No 610 Ayes - all A letter from Harold L. Rutchick, Attorney for Mr. Ira Rahls, 1001 Igle-hart, St. Paul, was read requesting permits to build on 2 lots which contained less than the 10000 sq. foot minimum building lot. The actual size is 9,852 square feet. The lots were identified on the attached certificate of survey as follows: (Lot E, the E75 feet of the W175 feet of Lot 2, Bl 26, Smith and Taylor's Addition to North St. Paul together with that portion of the vacated alley lying adjacent thereto) and Lot F, (the E ?5 feet of the W 250 feet of Lot 2,. Bl. 26 Smith and Taylor's Addition to North St. Paul together with that portion of the vacated alley lying adjacent thereto). He requested that approval be given to construct houses on each of these lots. The matter was referred to Londin, Building Inspector, for examination and report. Mr. Radatz, Chairman of the Planni ng.Commission, reported briefly on a recent meeting of the Planning Commission. A report from the Commission was then read which stated that the meeting had been devoted to consideration additional areas for zoning to Commercial and Industrial classifications. The first area discussed was a tract of approximately 40 acres north of Larpenteur, south of Ripley, east of White Bear Avenue and west of Hazel. They pointed out that a part of the area is already commercial and some is occupied by residences.. They recommended that the overall block be considered for rezoning to commercial subject to investigation and agreement of the property owners involved. The second tract is an area in Sec. 11, 400 feet wide on the north of Gervais and parallel thereto from White Bear Avenue west to the Section line. They stated that the owner has reported he is interested in having this property re- zoned to commercial or industrial. The area is adjacent to a similarily zoned strip north of Highway No. 36. The third area recommended was the NW1 of Sec,. 19 T 28, R 22. The property is immediately south of the 3M property on Highway No. 12 and is partially zoned light industrial. It includes about 49 acres on the north edge, spans Battle Creek and includes 80 acres of the old workhouse farm. It is suggested that such'a site might be attractive to a developer if the whole tract were available and the fact of its rezoning made known. The whole project would require considerable investigation. The final area was a portion of Section 36, T 2q,'R 22. This is a strip 490 feet deep and 495 feet wide and lying parallel to the east line of the Ascension Cemetery and north of Conway Avenue. It was suggested that approximately 200 foot wide strip along the west side of Block 2, Minty Acres could also be added making a tract 695 feet wide north of Conway to the residences on Fifth Street. Meeting adjourned at 12:30 A.M. Forrest R. Schmid Village Clerk December 18, 1955 The regular semi - monthly meeting of the Maplewood Village Council was called to order at 7 :25 P.M. by Mayor Luebben, Other members of the Council present were': O,'Mara and" B.ergr; sent s Hajioek and Schmid. O'Mara moved that the minutes of the December 4, 1955 minutes be approved as sub. mitted. Luebben seconded. Ayes - all Lloyd Toutant, 778 Otto Avenue, St. Paul, appeared with regard to the rezoning petition he had presented previously at the Village office. The petition was adequate and was accompanied by an abstractor's certificate and the necessary $2540 fee. It asked for the following described property to be considered for rezoning from Farm Residential to Business and Commercials That part of the NAT of the SO of Sec. 259 T29, R22, described as foliowsr Beginning at the interseotion of the W line of Minnesota Trunk Highway #212 and the Southeasterly line of Stillwater Road Cutoff as now established; thence Southerly along the W right ®of® way line of the said Minnesota Trunk Highway #212, a distance of 158,6 feet to a point; thence at a right angle in a Westerly direction, a distance of 68 feet to a pointy thence at a 149 degree angle in a Northwesterly direction, a distance of 114 feet to a point on the Southeasterly right -of -way line of said Still.. water Road Cutoff; thence in a Northeasterly direction aloe :the Southeasterly right -of -way line of said Stillwater Read Cutesvff i86 feet more or less to the point of beginning. Mr. Toutant stated that the plans were property if it could be properly zoned seconded that the petition be referred tion and report, to construct a service station on the and approved. Luebben moved, O'Mara to the Planning Commiasion:for`examina- mss.. ®. all I.S. Tillges, 507 Brainard Avenue, St. Paul, stated he owned property on Prosperity Road south of Larp&nteur which is in the City of St. Paul. He asked if it would be possible for him= to;oonnect to the Maplewood sewer system. He wa& told that Maplewood has no sewer lines in this immediate area, so it would be impossible. Bruce Brink, 1296 Hudson Road, appeared representing Curr ®1l Realty. He stated that the owner of the remaining empty lets in Brower Park had asked him to dispose of them for him. Included in this property are Lots 2, 3, 4, 5, 6 and 7, Block 5, Brower Park, all of which are at present zoned Business and Commercial, He asked permission to use this property for multiple dwellings of approximately seven'Apartment units each. It was explained to Mr. Brink that there is a question whether or not these lots have deed restrictions' limiting their use to R -1 Residenoe. The matter was referred to the attorney for investigation of the exact status of these lots before any consideration will be given to the approval of the use requested. Clerk Schmid arrived to take his place at the meeting at this time. O'Mara moved that -the bill in the amount of $254.36 for resident supervision for November, 195$ be paid to Bettenburg, Townsend, Stolte and Camb'and the bills from Northern States Power Company in the amounts of $53.$9 and $1,447-97, for service connections disconnected and reconnected because of sanitary s -ewer installation, be paid. Luelben seconded. r Ayes all Mrs. Petersdn,'Deputy Health Officer, reported that there were several homes along County Road "C" draining questionable materials into Kohlman Lake. It was felt that a test of the material being deposited into the lake would. ire- helpful in verifying the Health Officer's report if the individuals are brought into court. Mrs. Peterson was,authorized to arrange for the necessary testa. Mrs. Peterson also reported that there is difficulty in Evans Addition on McClelland and O'Day Streets near the Upper Afton Road. 'She reported that a drainfield had been installed which does not work properly. The installation had been made withw out securing a permit, although the installer is licensed in the, Village. It was suggested that the Health Department contact the installer and bring him before the Council to'show cause why his license should not be revoked. Mrs. Peterson also reported that three notices had been sent out for three homes to connect to the sanitary sewer system within 30 days. William Firke, President of the Company which was previously denied a permit to 'build a service station on the corner of Brookview Drive and Century Avenue, appeared in a further attempt to secure the permit. The permit had first been requested by the realty company handling the property. Mr. Firke pointed out that the property had been purchased on the basis of its zoning classification of Business and Commercial. Mr. Firke stated he had purchased the property after having only an'option on it because of his already heavy investment in the property. Mr. Firke felt that he was not receiving fair treatment in vier of the fact that he brought the property in good faith. He further explained that an investigation disclosed the property zoned as commercial and that there were no deed restrictions on this particular parcel of land. Berger stated he felt it equally necessary for the Council to protect the rights of the adjoining property owners,whe'also have a considerable investment in their homes. It was felt that a further investigation, should be made of the deed restrictions of the property involved and the effect they would have on the property. It appeared that toe original owner of the property had put deed restrictions -on only those lots which he sold: The property sold to Mr. Firke had the property restrictions removed. Because this property is part of the area previously referred to the Village Attorney for investigation, Memmer was asked to include these lots in his report. Berger moved that the day after Christmas be declared a holiday with only a skeleton crew in the office and an emergency service from the street department to be main. tained. Schmid seconded. Ayes ® all Memmer, Village Attorney, reported that the Northern States Power had taken action to begin a court litigation for a declaratory judgement on the payment for disconnecting and reconnecting service connections. The Village has been served with a summons which was turned over to the Village Attorney for in- vestigation. Memmer read the proposed -agre-eme'ht, to be adopted in correcting the drainage north of Conway Avenue with the pr9perty owner there for whom storm sewer provisions were not made in the current phase or the construction' program. The Council agreed that the proposed agreement was satisfactory and authorized Memmer to take the necessary steps for its acceptance by the property owner, The Village Engineer and the Consulting Street Engineer were requested to investi- gate securing a centrifugal pump for use in draining surface water accumulations. Ljungren, Consulting Street Engineer, presented plans for the road to run north from Conway Avenue to Minnehaha Avenue. He pointed out that over most of the area there is a 190 foot wide strip to the west of the road and an apprxomately 225 foot wide.,.strip to theeast of'the road which could be developed for industrial or commercial use. A section of the property, owned by the Village, is high and could be sold.for such purposes. Berger moved, Luebben seconded that-the-road plan pro- posed be submitted to the State as a Municipal State Aid Road. Ayes - all Ljungren also reported that he had completed the preparation of the corrected ,zoning and street maps. Luebben reported thst he and Trustee Hajicek had reviewed t-he-bi-ds, submitted for the-Folice Car and recommended that the low bid of the Midway Ford Company b6 accepted. Luebben moved, Berger seconded that the low bid of $.1,922.50 for the 4 ® door ranch wagon equipped according to specifications be awarded to the Midway Ford Company, Ayes - all Luebbenl,move&, that the change-over of radio equipment and the purohase-$,.of.a siren be authorized' -,- :Schmid seconded. Ayes m all Trustee Hajicek arrived at this time. A letter from Memmer, Village Attorney, to the Sun-Ray Bowling Alley on Hudson Road and McKnight was read. This letter informed them of the fact that an ordinance had been passed making it unlawful to gross the center boulevard surface and asking them to so advise their cli.ente�. Memmer,.Village Attorney, presented the proposed ordinance No. 70 which would amend the Building Code, Ordinance No. 14. After due consideration O'Mara moved, Luebben seconded the adoption of the following ordinance: ORDINANCE NO 70 AN ORDINANCE AMENDING ORDINANCE N0. 14 ENTITLED "AN ORDINANCE ESTABLISHING, AMPLIFYING AND REVISING THE BUILDING CODE; CREATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR; VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHORIZED UNDER THE CODE HERETOFORE EXISTING AND REPEALING RESOLUTIONS, ORDINANCES OR PARTS THEREOF INCONSISTENT HEREWITH." Ayes - all Moritz, Cesspool Inspector, reported that a home on Jackson Street had recently had a new cesspool installed by Evans. However, it had already overflowed and Evans refuses to take any further corrective action. Berger moved that'Evans be sent a letter asking,him to appear before the Council at the next meeting to show cause why he should not be denied a General Contractor's license . irr the Village of Maplewood. O'Mara seconded. Ayes - all Memmer reported that the FHA had revised the requirements for drainfields to re. quire 200 square feet per bedroom. He pointed out that the speeifi--cations would be difficult to meet. The Village' Engineer reported on the specifications prepared for a carry -all truck to be used for the Street and Sewer Maintenance Departments. Berger moved, O'Mara seconded that the Clerk be authorized to advertise for bides for a carry -all type truck. Bids are to be opened at 5:00 P.M. on January 29, 19. Ayes - all It was pointed out that the newly adopted dog ordinance was not clear on the date for license renewals. Memmer, Village Attorney,, was instructed to prepare an amend. ment to the dog ordinance to set the annual renewal date for March 1st of each year. Luebben reported that he had noted a sign on Highway 100 erected by State Farm Mutual Insurance Company. In view of the Council's policy he felt they should be notified to remove the sign. Luebben suggested that the attorney be authorized to draw up a sign ordinance regulating the placement of the sighs. The Council felt that further study should be given to this matter before an ordinance is adopted. It was decided to ask the Planning Commission to investigate and make recommenda- tions on a proposed sign ordinance. O'Mara brought to the Council's attention the progress report and map issued by the St. Paul Chamber of Commerce on highway construction. The map showed the new freeway route to follow the alternate route south of Highway No. 12. He felt that some type of protest was in order. 01MFa introduced the following resolution and moved its adoption: 1. 58 - 12 95 RESOLVED, That the State Highway Department be promptly advi-sed.that the Maplewood Village Council is generally disturbed over the fact that the St. Paul Chamber of - Commerce has recently published a progress r report on new highways and freeways containing a map,,purporting to be an official Highway Department diagram, showing the St. Paul to Hudson, Wisconsin, freeway route located south of the present location of Highway No. 12; and further, that Maplewood will positively refuse to approve plans for this freeway which will locate said freeway anywhere in Maplewood except on the present route of Highway No. 12; and further that this resolution is intended to inform the Highway Department that the Maplewood Village Council de. plores the fact that although this subject, when.considered i�n pub lit hearing nearly 6 months ago had overwhelming, public support in favor of staying with the present Highway No. 12 location, still remains undetermined by the Highway Department, Luebben seconded. Copies of the foregoing resolution are to Zimmerman, Congressman Blatnik and Karth. Ayes all be sent to the newspaper, Commissioner In view of the decision to consider adoption of a sign ordinance,-.it was decided to cancel the letter to the State Farm Mutual Insurance Company, It was pointed out that in releasing the agreement with Shuster, Inc., that no agreement had been reached for the completion of Radatz Avenue, a boundary line street with North St. Paul. The situation differs from the Dohnay Project in that Shuster has built homes in the Village.of Maplewood. It was felt that the Village Specifications should be met on the Village side of the street. The Village Attorney was asked to arrange such an agreement with Mr. Shuster. Luebben moved that the Treasurer be authorized to refund the unused portion of the escrow fund for Oswald's Pflueger's Addition. Berger seconded. Ayes - all Berger reported the receipts of two bills from the County for repair work done on County Streets within the Village following sanitary--sewer installation. Berger moved, that the following bills be paid. The first for $5,460-93 for November and $10,484075 for October, Schmid seponded,, Ayes ® all O'Mara opened a discussion with regard to the Village sewer rental charge. Using the rates charged by the City, he felt that up to a certain meter size for water service, probably 2", the additional Village charge should only be the ten dollars Village maintenance charge rather than a proportionate increase as has been done by Roseville, Beyond that size he felt there may be some justification for a greater charge but still a set amount based on cost to the Village for maintenance, These figures apply to residences, schools, churches and other government buildings. The City Council sets the rates for commercial businesses and the Village would have to determine its charges after the St. Paul rates are determined. The Council agreed that it would not be equitable to charge a greater amount than maintenance warranted,, O'Mara was asked to prepare a proposed rate structure for adoption based on the principle advanced at this meeting, Meeting adjourned. at 11.15 P.M. Forrest R. Schmid Village Clerk Dorothy Hejny I)eputy Clerk