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1959
January 2, 1959 The regular meeting of the Maplewood Village Council was called to order at 7 :05 P.M. by Mayor Luebben on January 2, 1959♦ Other members of the Council present were: O'Mara, Hajicek, Berger and Schmid;. Absent: none. Berger moved, O'Mara seconded that the minutes of the December 18, 1958 meeting be accepted as submitted. Ayes - all Hajicek moved, Berger seconded that Schmid be appointed as Acting Clerk until such time as a'full time clerk is appointed under the provisions of the Optional Plan A form of Village government as outlined in Minnesota State Statutes and approved by Maplewood voters December 2, 1958. Ayes ® all A discussion was held on the necessity of re- appointing all of the Village employees each year. The Attorney pointed out that only certain personnel need be appointed annually, such as the Acting Mayor, Chairman of the Board of Health and Village Attorney. It would also be necessary to name the depository and the official newspaper for the current year and set the meeting dates for the Council'. All other regular employees and inspectors can be named to continue • at the pleasure of the Council eliminating the necessity for annual reappointment. O'Mara moved, Luebben seconded that Frederick P. Memmer be appointed Village Attorney. Ayes all O'Mara moved, Luebben seconded that Dr. K. 0. Nimlos be appointed as the Chairman of the Board of Health, Ayes ® all Luebben moved, Berger seconded that O'Mara be named as Acting Mayor in the absence of the Mayor. Aye s _ all Berger moved, O'Mara seconded that Dorothy M. Hejny be appointed as Deputy Clerk and that Susanne Stromberg and Geraldine Nord be appointed as Deputy Treasurers. Ayes - all Mayor Luebben directed that John McNulty be appointed as Director of Civil. Defense for the Village of Maplewood. Luebben moved that Ernest Radatz, Robert Galvin, Frank Rose, William Bingham, Edward Kishel and George Carlton be reappointed to the Planning Commission. Berger seconded. Aye s ® all Berger requested that the Recreation Committee appointments be deferred until the next meeting. Luebben moved that Paul Wilson, Cortland Blomstrand, Jack Lennartson, Irving Anderson, Robert Wick, Harold Prust and F. E. Truax be appointed to the Industrial Development Committee. Hajicek seconded. Ayes m all Hajicek moved, Berger seconded that,the Ramsey County Review be named as the Official Newspaper for 1959. Ayes m all Luebben moved, O'Mara seconded the adoption of the following resolution: 59 -1 -1 "RESOLVED, That the First State Bank of St. Paul be and hereby is designated the depository of the Village of Maplewood and funds deposited in said bank may be withdrawn by check when signed by Lawrence S. Olson, Treasurer, and by the other two following named officers: Waldo E.-Luebben, Mayor Forrest R. Schmid, Acting Clerk Lawrence S. Olson, Treasurer Ayes - all Berger moved that the first, third and fifth Thursdays of each month.be named as the regular meeting nights. Hajicek seconded. Ayes - all Memmer, Village Attorney, was instructed to prepare an ordinance which would provide for the employment, tenure, pay scale, benefits and other pertinent regulations of the Village personnel. The ordinance is to provide for a committee responsible for periodic wage and benefit reviews. Berger and Schmid are to aid in the preparation of the ordinance. Lloyd Toutant of the Shell Oil Company appeared to hear the Planning Commission's report on their petition for the rezoning of property on the SW corner of Stillwater Road and Stillwater Cut-Off. The Planning Commission's report re- commended that the property be rezoned to permit the building of a service station as proposed by the Shell Oil Co. The Mayor set the hearing on the rezoning for 8 :30 P.M. on January 29, 1959• It was agreed to give notice to nearby property owners other than those required under the provisions of the Zoning Ordinance. Mr. Firke of the S and M Petroleum Co. of Stillwater asked if the Council had the report on the property in the vicinity of Brookview Drive and Highway 100. Memmer, Village Attorney, stated that he had no written report but that he had investigated the deed restrictions on this property. It had been registered in a torrens procedure and he had found a restriction for erecting signs within 100 feet of the Highway Department property. He stated that this was the only restriction that covered the entire plat. He found that the property was in the name of the Park Housing Corporation and not in Brower's name. He stated that the restrictions applied only to certain lots and that it was not the Council's problem to handle or enforce any such deed restrictions. Lots 11 and 12, which were sold for the service station, were, at one time, restricted to residential, however, that restriction was later removed. Lot 10 was also restricted to a single family dwelling but the restriction on this lot was never removed. None of the other lots in that block have any restrictions. O'Mara pointed out that the residents of the area, not necessarily only in this block, were let to believe that the restriction applied. to all lots in the area as it did. to their own, but they had not investigated the restrictions on the lots in other blocks. The Council agreed that they were not favorable to granting the service station permit even though the legal advice indicated the service station property owners may have legitimate cause for disputing the decision. Berger moved that a hearing be set for re-zoning the entire block to R ®1 Residential, Single Dwelling, on the basis of the petition from property owners in the adjoining area requesting this action. O'Mara seconded. Ayes ® all O'Mara moved that the date of hearing be laid over until the next meeting to 'give the Attorney an opportunity to look into the legal implications. Berger seconded. Ayes - all Robert Evans of the Evans Construction Co. appeared before the Council in answer to it's t's request that he appear to show cause why his General Contractor's License should not be withheld for the year 1959. Evans stated that the case referred to must be at 1769 Jackson where the owner has complained about water .,flooding his basement from his sanitation system. However, by the time they are able to get into the house which is usually 2 or 3 days later, the water has always gone down. In checking the level of the cesspool they have found that it is 15 feet below the first floor level on each occasion. He feels that it is a result of the toilet running steadily which would naturally fill up the cesspool quickly. As soon as this is stopped the level quickly drops. Berger suggested that the cesspool inspector verify the statement in view of Mr Moritz' absence. Based on that determination and report, if the problem is as Mr. Evans has stated, he will not be asked to return. Mr. Webster of the Webster Co., 182 N. Snelling Ave., St. Paul, appeared in reply to a request from the Deputy Health Officer. Mrs. Peterson reported that the matter was in regard to the drainfield which had been installed without a permit., Mr. Webster reported that he had, been negligent in securing a permit a s it is not necessary to obtain them in the City of St. Paul in the case of a repair job. He reported that in installing the new system that he had attempted to disconnect the old system from the cesspool, however, they had been unable to find any outlet. After about a week the tank apparently filled up again and the overflow coming from the old system which apparently had not been dis- connected.. It was felt that the only solution would be to have the family continue to pump. Mr. Webster had not done anything incorrectly except fail to take out a permit before he started the job. As this was not a deliberate violation, no action was felt necessary by the Council. O'Mara reported that a problem had been encountered at 1843 Birmingham St. when the plumber attempted a sewer service connection. The Dreyling Plumbing Co. had attempted a connection where the line in the street was too high to service the house in a normal manner. It was found that field data had been incorrectly intrepretated by the Consulting Sanitary Sewer Engineer, Bettenburg, Townsend, Stolte and Comb, resulting in a high lateral line. They had assumed the extra cost involved for providing service to the house. O'Mara then read the letter from Bettenburg, Townsend, Stolte and Comb re- garding a home at 1173 E. Larpenteur. Here an attempt had been made to make a connection on Frank Street but it had not been the plan of the engineers to service the home from Frank St. The depth of the line had not been checked when the service connection was staked. It was then necessary to change the connection point to the Larpenteur Ave. line which was sufficiently deep. It was agreed to allow O'Mara, Londin and Nelson, Village Engineer, to arrange a compromise settlement. Luebben moved, O'Mara seconded the adoption of the following ordinance which established March lst of ea6h year as the renewal date for dog permits: ORDINANCE NO. 71 AN ORDINANCE AMENDING ORDINANCE NO. 67 RE- LATING TO LICENSING OF DOGS,, Ayes - all Memmer, Village Attorney, presented the Fire Department contracts. O'Mara pointed-out that it had. been agreed. to put in the Gladstone Fire Department Contract that they would answer calls for the newly formed Parkside Fire Department. Memmer read the pertinent provisions. The amounts involved were: $15,275-00 for the Gladstone Fire Department, $10,500.00 for the East County Line Fire Department and $6000.00 for the Parkside Fire Department. The Council agreed that the contracts appeared to be in order and authorized the Mayor and Acting Clerk to sign them on behalf of the Village. Memmer reported reaching an agreement with several property owners in connection with sanitary sewer construction work. Luebben moved the adoption of the following resolution: 59 - 1 - 2 RESOLVED, That the Treasurer be, and is hereby authorized and directed to issue a check in the amount -of Two Hundred Twenty-Five and 00/100 ($225.00) Dollars payable to Ar+•hur George Sinn, Jr6 and Margaret M. Sinn; and that this payment is made in full settlement of all claims to Arthur G. and Margaret M. Sinn in connection with the condemnation proceedings applicable to their property. Schmid seconded. Ayes - all O'Mara moved, Berger seconded the adoption of the following resolution pertaining to the acquisition of property for the sanitary sewer projects,-. 59 - 1 - 3 RESOLVED, That pursuant to the report of the Village Attorney and Joseph 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 amount set opposite each description. 1, 20 ft. strip in width, the center line of whi6h ) Total amount is described as follows.- The extended center line of Birmingham Street north through that part of the Southeast Quarter (SEI) of the Northwest 4 Quarter (NW) of the Southwest Quarter (SVk) 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. 368 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.) Owned by.- Louis Stangl and Mary Stangl 1st contract buyer: John E. Blomquist, Inc. 2nd contract buyers: Thomas S. Silvis and Corrine A. Silvis 2. That part of the West 10 acres of the East 15 acres of the West 25 Acres of Government Lot 2 of Section 16, Township 29 North, Range 22 West, lying Northwesterly of East Shore Drive described as follows- Commencing at the Southeast corner of said West 10 acres; thence North 2706, West a distance of 176 ft. to the point of beginning of the land to be described; thence Southwesterly along the same line a distance of 176 ft; thence South 68056, West along the Northerly line of East Shore Drive a distance of'20 ft.; thence Northwesterly to the point of beginning® Owned by: Edward Co Kelley and Esther M. Kelley) Contract buyer: St. Paul Hudson, Inc. 3. A temporary easement 50 ft. in width running along the full length of the Northeasterly side of the property described as- That part of the West 10 acres 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 follows-, Commencing at an iron monument at the intersection of the West line of the said West) 10 acres with the Northwesterly line of the East Shore 'Drive (as deeded), thence North 0013' East, along the West line of the said West 10 acres, a distance of 187.84 ft. to the point of beginning; thence continuing North 0013' East a distance of for easement Paid by Bettendorf AMOUNT DUE Total amount for easement Paid by Bettendorf AMOUNT DUE Total amount for easement Paid by Bettendorf AMOUNT DUE ® $ 400.00 00 - $ 300-00 J ,00 00 - $ 25-00 5,,00 20.00 677076 ft. to the Southeasterly line of Frost Ave. as now located, thence South 270061 East a distance of 635.06 ft., thence South 68 0 56, West a distance of 312-75 ft. to the point of beginning Owned by: Edward Co Kelley & Esther M. Kelley Contract buyer: St. Paul Hudson, Inc. 4. A temporary 25 ft. construction easement over the following described. property: The Southwesterly 25 ft. of the following described property: Part of the East 10 acres of the West 20 acres of Government Lot 2 described as follows: Commencing at the Northeast corner of Government Lot 2; thence Westerly 619.17 ft, on the North line of said lot; thence at an angle of 890401 to the left 90.4 ft. to the South line of Frost Avenue for the beginning; thence continuing South on last course 72004 ft.- thence Westerly at right angles 67.5 ft.; thence 611005 ft. Northwesterly at angle to radius of 61057' to South line of Frost Avenue, thence Northeasterly on said line 398.1 ft. to the begin- ning, all. in Government Lot 2, Section 16, Township 29, Range 220 Owned by: Harold P. Freitag and Genevieve M Freitag 5. 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 ft. on the North line of said Government lot; thence at an angle of 89 401t the left a distance of 810.8 ft. to the point of beginning of the line to be described; thence Westerly at right angles 97.8 ft. and there terminating: Subject to easement: part of East 10 acres of the West 20 acres of Government Lot 2 described as follows: Beginning at intersection of West line of said 10 acres and. Southerly line of Frost Avenue as now located; thence South 27 °06° East a distance of 811.06 ft. to intersection of East line of said 10 acres and Northerly line of East Shore Drive; thence North on said East 'line 189.3 ft.; thence nce'West at right angles 67.5 ft.,' thence Northwesterly at an angle of 61057' to the right a distance of 613-05 ft. to said South line of Frost Avenue; thence Southwesterly thereon 1703 ft. more or less 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 Northwesterly 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 ft. North of and 50 ft. West of said Southeast corner. .Owned by: Edward C. Kelley and Esther N. Kelley Total amt. for easement-$ 25.00 Paid by Bettendorf .00 AMOUNT DUE 20,00 Total amt. f or easement-$ 520.00 Paid by Bettendorf AMOUNT DUE$J15.00 Ayes - all A letter from Earl W. Deyo, 1324 Kohlman Ave,, was read with regard to a home at 1325 Kohlman which he felt should be condemned. He and other neighbors re- quested immediate consideration by the Council. Mrs. Peterson, Deputy Health Officer, reported that she was unable to gain entrance to the house as it is now unoccupied. She left notice that it is necessary that a new outside privy would have to be constructed before the dwelling could be occupied, Londin, Building Inspector, also reported that he had viewed the property but had been unable to secure entrance and had left a notice that it could not be occupied until he had inspected the buildings It was decided that each member of the Council and each consulting group would prepare a brief report of last yeasts activities for a progress report. The Clerk is to combine the material and. arrange for its publication. Berger reported that he had discussed the matter of the services of a. con- sulting engineer with Milner Carley and Associates. They had agreed that if it became necessary during the summer,, Ljungren would be assigned as a full time engineer for the Village. He also stated that if it would be necessary he would hire: an additional engineer to take care of the Village business. Berger moved, Schmid seconded that the Justice of the Peace and Constable's bonds be set at $5000000 Ayes all Luebben moved that the Clerk's office and the Village Engineer establish a numbering system for trailer courts. Berger seconded. Ayes all Berger moved that the West Outdoor Theater Corporation be authorized a license: for the Minnehaha Drive In Theater for 1959 at a fee of $150.G0. Ha jicek seconded. Ayes m all It was; decided to, ask Bob Sander from Juran and Moody, Village Fiscal Agents,, to, atlendi the next regular meeting to discuss the issuance: of additional bonds to) cover the balance of the sewer work A complaint letter regarding dogs was read and referred to: the dog catcher for action.. 'he: Mayor gave a brief resume on the matter of assignments four various depart_ mental functions, to. the trustees pointing; out that ass>> g amts) were made, to the trustee but. they should not be consi lered. as commissimers because, we am not under a. commisslon; form, of government The: delegatimi or asai.g=ent is, made with the permias on:. of the:, Council and of the, Mayor. The, followsr. & assignments were made Sdwdidl. Trustee of Fi nance,, Office- Adminis rati-a n and. gab lic relations Berg. T tee in charge, of streets:,,, parrs and playg .ands ffa.jLeek Yrustee in charge of Police cs _ , and Hire: Dbpa nts 01'Mhm. Zrustee= 1 n charge of' Publiic. Uti lii.tii es O'Mara moved, Luebben seconded that the Treasurer's salary remain at $100.00 per month. Ayes - all O'Mara moved, Berger seconded that the Village Engineer's salary be increased to $625-00 per month. Ayes - all Berger suggested that the County hourly rate and monthly salaries scale be used for Village employees feeling that they have qualified personnel to determine this information. O'Mara suggested that the Village set its own rates using the County rates as a guide. It was agreed that the County schedule would be used until a committee could be set up which could establish the rates for future years. Review is to be made in advance of the re-organization meeting each year. Berger moved that the Street Superintendent's salary be set at $435.00 per month. O'Mara seconded. Ayes -. all Berger moved, Luebben seconded that Geraldine Nord be appointed on a monthly basis and that her salary be set at $235.00 per month. Ayes all Meeting adjourned at 12:35 A.M. - . I Forrest R. Schmid, Acting Clerk January,15, 1959 The regular meeting of the Maplewood,Village Council was called to order at -� 7020 P.M. by Mayor Luebben, Other members of the Council present were: Berger, Hajicek, O'Mara ati-, Schmid; Absent: None. Hajicek moved, Berger seconded that the minutes of the January 2, 1959 meeting be accepted as submitted. Ayes - all John McNulty, Maplewood Civil Defense Director, reported that members of the Civil Defense group are taking pistol training which is required in order for them to be authorized to carry fire arms. He stated that some members of the present police force have requested permission to take this training. The matter was referred to Trustee Hajicek for investigation and action. McNulty also reported he had been requested to secure a surplus jeep and trailer for the Parkside Fire Department at a cost of approximately $250.00. Berger moved that the Civil Defense Director be authorized to buy a jeep and trailer for the Parkside Fire Department for their use and to be paid for by them. Luebben seconded. Ayes - all Schmid moved that the Civil Defense be authorized to purchase uniform shirts, ties, caps, whistles and additional badges necessary to equip the present force. Luebben seconded. Ayes - all Frank J.,Witt, 1833 Stanford Ave., St. Paul 5, and William Kohlman, 942 Kohlman Lane, appeared with regard to an informal request to construct Kohlman Lane between the present North end of Kohlman Lane and a north line of the SWµ of Sec. 4, Town 29 and Beam Ave. from Kohlman Lane approximately 500 feet east. It is proposed to improve the streets by grading, gravel base construction and surfacing. They asked for a report on the feasibility of constructing a street in this area. The matter was referred to the Consulting Street Engineer for a preliminary investigation and estimate of cost. He agreed to have the report ready for the January 29th meeting. Mrs. Peterson, Deputy Health Officer, reported that there is a cesspool in- stallation in process which she felt would not be adequate and requested ad- vice from the Council in view of the fact that it may be serviced by sanitary sewers in the near future. After some discussion, it was agreed that a definite policy should be adopted which would control such situations. The matter was referred to Trustee O'Mara and the Consulting Sanitary Sewer Engineer for a proposed ordinance. Mrs. Peterson also reported that she had not made restaurant inspections because she is awaiting new regulations adopted by the State Board of Health which would have to be enforced. She preferred to have the regulations in her possession before requesting compliance with the changes being made. After some discussion of the possibility of designating Carlton Street as a Municipal State Aid Street, Berger moved the adoption of the following resolution: 59 -1-4 WHEREAS, It appears to the Village Council of the Village of Maplewood that the street hereinafter described should be designated as "Municipal State Aid Street" under the provisions of Minnesota Laws of 195 7, Chap- ter 943: NOW THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Maplewood, that the street described and numbered as follows, to wit: Municipal State Aid Street No. 105 - Carlton Street from Conway Ave. to Minnehaha Ave. be and hereby is designated as a "Municipal State Aid Street" of said Village, subject to the approval of the Commissioner of Highways of the State of Minnesota: BE IT FURTHER RESOLVED, That the Village Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, that upon his approval of the designation of said street, or portion thereof, such approved street or portion thereof shall become a part of the Municipal. State Aid Street System of the Village of Maplewood and that same be established, con- structed, improved and maintained in accordance with the rules and re- gulations of the Commissioner of Highways, and the provisions of Minn. Laws of 1957, Chapter 943. Schmid seconded. Ayes - all It was reported that the 1959 Municipal State Aid allotment had been announced with Maplewood to receive $62,747.00, an increase of $6,560.00 more than in 1958. Trustee Berger and Ljungren, Consulting Street Engineer, reviewed the report on the 1958 projects and their cost and the proposed Municipal. State Aid Road plans for 1959. Each proposal was discussed at some length. Berger moved that the Consulting Street Engineer be authorized to proceed with the plans of construction and acquisition of property as required on the following Municipal State Aid Projects: Est. Total Cost. le Conway Ave. - SAP - 62-101 -02 - Right-of-way acquisition $16,700.00 2. English St. - State Highway No. 36 to County Road C - , Grading, Gravel Base, Storm Sewer $129000.00 3. Conway Ave. - Surfacing a portion constructed in 1958 with a 1 inch bituminous stabilized base under force account $ 29442.66 4.. Conway Ave. - Ferndale to STH #100 - 1 inch bituminous stabilized base & right -of -way improvement $ 3,225.20 5. English St. - Larpenteur Avenue to STH +36 - 1 inch bituminous stabilized base, back slop- ing and right -of -way improvement as necessary $180000.00 Luebben seconded. Ayes - all Edward. Kishel, representing Bettenburg, Townsend, Stolte and Comb, Consulting Sanitary Sewer Engineers, appeared with regard to the final payment certificates for Robert W. Moore and Barbarossa and Sons. He stated that all of the work had been completed and he recommended that final payment be made except for a with- holding of approximately fl% to 1% of the total to provide for any contingencies which might turn up. The amount withheld is to be paid as soon as it can be deter- mined that no further problems remain in Spring or early Summer. O'Mara moved that final payment certificate no. 6 for Barbarossa and Sons be approved and payment made in the amount of $11,830.00 less $500.00 which is to be held as a contingencies fund. Luebben, seconded. Ayes - all Kishel reported that the total cost of Project No. 2 (Hillcrest) amounted to $189,835.00. O'Mara moved the approval of Final Payment Certificate No. 6 for Robert W. Moore for Project No. 2 and that payment be made in the amount of $15,933.61 less $1000.00 which is to be held by the Village as a contingencies fund. Berger seconded. Ayes - all Kishel reported the total cost of Project No. 3 (Beaver Lake) to be $403.383.70. O'Mara moved the approval of Final Payment'Certificate No. 8 for Robert W. Moore for Project No. 3 be approved and payment made in the amount of $43,774.03 less $4,000.00 which is to be held by the Village as a contingencies fund. Luebben seconded. Ayes - all Kishel then presented a change order on Project No. 1 which was constructed by Lametti and Sons. There were several additions to the project including sewer service connections and other minor items which will be included in the final total. O'Mara moved, Luebben seconded that the change order No. 2 for Project No.. 1 be approved. Ayes - all The Planning Commission's report, presented at the last meeting, was read to review those portions which were not covered at that meeting. A question was raised by the Planning Commission as to how to prevent the use of property for a purpose other than which it was rezoned. Referring in particular to the residential use of industrial and commercial property. This matter was referred to Memmer, Village Attorney, for the necessary amendment to the Zoning Ordinance to prevent such use6of industrial and commercial property. 1- Several areas recommended for rezoning were discussed. It was decided to withhold any positive action on such rezoning until the next meeting. Schmid moved that James Renton, 2090 English St., be granted a piggery permit. Luebben seconded. Ayes - all A letter was read from Dr. K. 0. Nimlos, Chairman of the Board of Health, re- questing that the Deputy Health Officer, Mrs. Eleanor Peterson, receive a car allowance of 8 cents a mile. The Councils feeling was that this should be a imiform. amount. It was decided to determine the approximate mileage of Mrs. Peterson and base an increase in her hourly rate rather than paying mileage. The Clerk was asked, to secure the necessary information for decision at the next meeting. A request was received from the owner of the Boulevard Nite Club to allow the name to be changed to the Scandinavian Club. The matter was referred to Trustee Hajicek. Hajicek moved, Luebben seconded that the contract for radio service with the Sheriff's Department be renewed for the year 1959 and that the Treasurer be authorized to pay the $400.00 due. Ayes - all Berger moved that the Street Foreman's scale be set at $445.00 a month rather than $435.00 as set at the last meeting. Luebben seconded. Meeting adjourned at 12:40 A.M. Ayes - all Forrest R Schmid Acting Clerk January 29, 1959 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: O'Mara, Hajicek, Berger and Schmid; Absent: None.. Haiicek moved, Luebben seconded that the minutes of the January 15, 1959 meeting be approved as submitted. Aye s @ all Carl Kuhrmeyer, 2676 Brookview Drive, acting as spokesman for a group of residents in his area who were also present, asked for clarification of a request by Currell Realty for multiple dwelling permits in Brower Park. He was informed that the Counci BIDDER Jerry Motor's, Inc., - 511 E. 7th St. Merit Chevrolet Cq# 811 E. 7th St, Vadnais Motors White Bear Lake, Minn. It was noted that the of only 5% of the bid, moved that the bids be Berger seconded. AMOUNT OF BID ACCOMPANIED BY $29150.70 Bid Bond $215.07 $21,100000 Cert, Ch.$210.00 $2x140.00 Cert. Ch.$110.00 last bid was accompanied by a Certified Check in the amount while the request for bids called for 10 %* Luebben, referred to the Village Engineer for tabulation .and.: report; Ayes .. all Bruce Brink, Currell Realty, 1296 Hudson Road$ appeared to ask what action -the Council had taken on his request for multiple dwelling permits for Dots 20 31 4, 59 6 and 7, Block 5, Brower Park. He was told that rezoning of this area to R -1, Residence (Single Dwelling) was being +considered# If it is decided to proceed, a hearing wilh,be held and an attempt would be made to notify him of that hearing. An application for Kennel License$ submitted by Mrs. Carl Holmgrenr 2401 Maplewood Drive, was reads Mrs. Peterson, Deputy Health Officer# reported that shet Howard Eggen, Dog Warden, and Thomas Hagen„ Police Office, had We an inspection of the K -9 Kennels which is located on the NV corner of Highways 36 and 61. They found that the establishment was not in proper condition and recommended denial of the license. She reported that they had had the owners brought into Court for failure to secure a license in-1958 but the case had been held over. The Justice of the Peace had referred the problem to the Council at their February- 5, 1959 meeting. Berger moved, Luebben seconded that the application for license be denied and the deposit for license of $15.00 be refunded to the applicant. Ayes -All Memmer, Village Attorney# agreed to contact the attorney for the kennel owner and attempt to correct the situation before it comes before the Council# Mrs. Peterson reported that she had received the test results on the examination of effluent originating from homes on Kohlman make and discharging into that lake. The tests disclosed a high degree of contamination* She was authorized--to proceed against the offenders# Mrs. Peterson also reported receiving the most recent health regulations issued by the Minnesota Department of Health,governing restaurants and taverns. She was authorized to proceed with the em orcement of the state regulations where applicable6 An application was read from Jack Gallagher, dba Gallagher's Service, 1341 Greenwich Road, Minneapolis 21, for a Garbage and Rubbish hauling license. The application read that he currently holds licenses in Coon Rapids, Fridley, Blaine, Mounds View, Shoreview, Circle Pines and Forest Lake. Mrs. Peterson, Deputy Health Officer, reported having inspected the applicant's equipment and viewed the servicemen. She rendered a favorable report. The insurance and bond were reported to be in order and the $25.00 license fee paid. Berger moved, O'Mara seconded that a license be granted. Ayes - all Pursuant to due call and posted and published notice thereof, the hearing set for 8:30 P.M. on this date to consider the petition for the rezoning of that part of the Northwest 1 of the Southwest 1 of Section 25, Township 29, Range 22, described as follows: Beginning at the intersection of the West line of Minnesota Trunk Highway #212 and the Southeasterly line of Stillwater Road Cut- off as now established; thence Southerly along the West 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 point; thence at a 148 degree angle in a Northwesterly direction, a distance of 110 feet to a point on the Southeasterly right -of -way line of said Stillwater Road Cut -off; thence in a Northeasterly direction along the Southeasterly right -of -way line of said Stillwater Road Cutoff 188 feet more or less to the point of beginning from Farm Residential to BC, Business and Commercial, was declared open by Mayor Luebben. The rezoning was asked for the purpose of building a service station. Mayor Luebben called for objectors to the proposed rezoning. Leo Zacho, 2332 Stillwater Ave., objected on the grounds that he is a part owner of the property proposed for rezoning which had been sold by a brother, George Zacho. He stated that this property is held in trust. Harry Zacho also objected on the same grounds and stated that the property had never been probated. Leo and Harry Zacho contended that the brothers were all part owners and had begun litigation to establish this ownership. Harry Zacho also stated that as a property owner adjacent to the property proposed for rezoning, he objected to the rezoning of the property. Gene Parranto of the Parranto Brother's Realty, reported that he was unaware of the litigation. He felt it had no direct bearing on the rezoning but proposed that the re- zoning be approved subject to the clearance of the title on the property. Wayne Haag, 2407 Stillwater Road, asked for the Planning,Commission's recommendation. Their report was read which recommended that the rezoning petition be approved. In view of the complications and a report by the Zacho's that a court decision is imminent, O'Mara moved that the hearing be continued to 8:30 P.M. on February 19, 1959. Berger seconded. Ayes - all Londin, Building Inspector, reported that a building permit had been requested on the west side of Payne Ave. between Roselawn Ave. and County Road B by Edward Reinert, 1960 Edgerton. A half street has been constructed on the east side where 33 foot easements have been granted. Mrs. Bodley, the owner of record, had already granted an easement of 33 feet for the west side of the street abutting the property on which the applicant for permit proposes to build. Other property owners along the west side of the street have not yet given an easement for that half of the street. Memmer, Village Attorney, advised that a building permit could be issued after an agreement is signed by the owners that they will not object to an assessment for the construction of the street at such time as the construction is undertaken by the Village. Londin also brought in a Building Permit application for a service station on the NW corner of Century Ave. and Upper Afton Road. The description of the property, is the E 158 feet of the S 158 feet of Lot 15, Wrights Garden Lots. As this property is properly zoned BC, Business and Commercial, for such a station and the plans met with the approval of the Council, Berger moved, Luebben seconded that the permit be granted subject to the regulations,of the building code. Ayes - all Londin also reported on the property at 1325 Kohlman Ave. He reported that unless extensive repairs were undertaken he would recommend condemnation of of the property`. Memmer, Village Attorney, reported that he had written to the attorney for the fee owner and had informed him that unless a reply was received by the date of this meeting, he would recommend that the property be condemned. Luebben moved that the Building Inspector's recommendation be followed and that the Village Attorney be instructed to begin condemnation proceedings against the property. Hajicek seconded. Ayes - all The hearing for the condemnation was set by Mayor Luebben for March 5, 1959 at 8:30 P.M. The Mayor asked that the matter of the Tree Ordinance be laid over until the next meeting. Berger moved that the Deputy Health Officer's salary be raised to $2.00 per hour which amount is to include the use of her car for which no additional mileage or expense is to be paid. Luebben seconded. Ayes - all Berger moved that in lieu of an ordinance for the employees that a hospitalization and $1,000 term insurance plan for permanent, full time employees be established at Village expense, as discussed by the committee. Schmid seconded. Ayes - all A letter was read from Andrew Shuster requesting that Craig Place in Lark Park be constructed on an assessment basis. He agreed to pay for the road work in front of the properties of B. Belisle and W. Myckleby. The matter was referred to the Consulting Street Engineer for discussion with the developer. Luebben asked if the attorney had learned any more about the 2% tax on insurance payable to the fire departments. Memmer stated that in a further discussion, the fire marshall had reiterated the original opinion that because the fire department is not a Village owned fire department but rather an independent association, it is not eligible. He advised that the only choice would be to discuss this matter with Senator Westin and Representative Shovell with the idea of amending the law. The Council requested that he proceed with this course of action. Mayor Luebben requested that a.4 way stop be installed at the intersection of English St. and County Road B. The matter was referred to the Consulting Street Engineer and Trustee Berger. Luebben moved, O'Mara seconded that Leo Kaeder be re-appointed as Weed Inspector for the Village of Maplewood for 1959. Ayes ® all The Consulting Street Engineer's report on the informal petition for the improve- ment of Kohlman Lane and Beam Ave., was read. It stated that the proposal was feasible on the basis of a personal visit to the site and that the cost of grading, gravel base and drainage was estimated to be $20,850.00 and the sur- facing cost was estimated to be $11,359.00. The total estimated assessment per front foot is $4.40 per front foot for the grading, gravel base and drainage and $2.40 for the final surfacing. He recommended that only the grading, gravel base and drainage work be done at this time. The final surfacing is to be withheld -until further home construction is completed in the area. It was pointed out that it would be required by the Village that an agreement be placed in the abstracts of the property stating that the people would not object to the assessment. Mr. Frank Witt, 1833 Stanford Ave., St. Paul and Mr. William Kohlman, 942 Kohlman Lane, agreed to review the proposal and to notify the Village of their decision. It was suggested that an official. resolution be adopted protesting the closing of the Gloster Station as a railway express office and requesting that the office be maintained and the name changed to Maplewood. O'Mara moved the adoption of the following resolution: 59 - 1 - 5 WHEREAS, The railway express office at Gloster Station in Maplewood has been operating for years; and, WHEREAS, The residents of Maplewood, generally, have been unaware that this facility was available or it most certainly would have been used in preference to having railway express handled at the St. Paul Union Depot, NOW THEREFORE, The Council of the Village of Maplewood does hereby urge that the railway express agency be retained at Gloster Station and, FURTHER, That the name of this station be changed to Maplewood so that the residents of the area could and, would more readily use the facilities now existing; AND FURTHER, That copies of this resolution be forwarded to the Minnesota Railway Company and the Soo Line Railway Co. Berger seconded. Ayes - all After some discussion of the need for a postoffice for Maplewood, Berger moved' Schmid seconded the adoption of the following resolution: 59-1 -6 WHEREAS, The Village of Maplewood has a population of approximately 16,000, and, WHEREAS, A Village of this size would be generally recognized as a small city to be served with proper post office facilities if said Village was not located adjacent to a large city of the first class. NOW THEREFORE, The Council of the Village of Maplewood does hereby petition the Postmaster General of the United States to designate Maplewood as a separate post office not to be treated as a branch of St. Paul; AND, That the Clerk forward copies of this resolution to Congressman Joseph Karth and to Senators Hubert Humphrey and Eugene McCarthy. Ayes - all Luebben moved, Hajicek seconded the appointment of Walter Rupp to the Planning Commission. Ayes - all O'Mara reported that he had discussed with the Consulting Street Engineer the replacement of all monuments and bench marks which had been removed during the construction of sanitary sewers and other street projects. O'Mara moved, Berger seconded that the bench marks and corner monuments be replaced by Milner W. Carley and Associates, Consulting Street Engineers, Ayes - all The agreement with H. and Val J. Rothschilds, which provided for the deposit of negotiable bonds equal to 12 times the estimated cost of the final construction of streets in Smith and Taylor's Addition, was approved by the Council. It was pointed out that the,4greement provides, upon the letting of the contract, the developer is to be hotified to deposit cash with the Village for the work. Member O'Mara introduced the following resolution and moved it's adoption: 59 -1 -7 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 construct a system of sanitary sewers together with necessary lift stations and appurtenances, and WHEREAS, the Village Council of said Village has entered into contracts for the construction of said improvement, and WHEREAS, in addition to the funds derived from the proceeds of bonds heretofore issued it is hereby found, determined and declared by this Council that the bonds herein provided for will be necessary to provide funds for the completion of the.-construction of said system of sewers. 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 ob- ligation bonds in the aggregate principal amount of $150,000 to be 150 in number, numbered consecutively from 1 to 150, both inclusive, in the de- nomination of $1,000 each, dated February 15, 1959 and to bear interest from the date thereof until paid at the rate of three per cent (3.00 %) per annum on all bonds maturing-in the years 1961 to 1965, both inclusive, and at the rate of three and seventy hundredths per cent (3.70 %) per annum on all bonds maturing in the years 1966 to 1971, both inclusive, payable February 15, 1960 and semiannually thereafter on August 15 and February 15 in each year, plus additional interest at the rate of two and thirty hundredths per cnet (2.30%) per annum from February 15, 1959 to February 15, 1960, payable February 15, 1960, 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 February 15, in the years and amounts as follows: $ 5,000 in the year 1961; $10,000 in the year 1962; $15,000 in the year 1963; $209000 in each of the years 1964 and 1965, $25,000 in the year 1966; $20,000 in the year 1967; $15,000 in the year 1968; $10,000 in the year 1969; $ 5,000 in each of the years 1970 and 1971; all without option of prior payment. (2) The bonds and interest coupons to be issued hereunder shall be in substantially the following forms: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF MA PLEWOOD SANITARY SEWER BOND, FOURTH SERIES No. $1,000 KNOW ALL MEN BY THESE PRESENTS, That the Village of Maplewood, Ramsey County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer, the sum of ONE THOUSAND DOLLARS on the fifteenth day of February; 1959, and to pay interest thereon from the date hereof until the principal is paid, at the rate-of three per cent (3.0016) per annum, payable February 15, 1960 and semi. - annually there- after on the fifteenth day of August and the fifteenth day of February of each year, plus additional interest at the rate of two and thirty hundredths per cent (2030 %) per annum from February 15, 1959 to February 15, 1960, payable February 15, 1960, in accordance with and upon presentation and surrender of the interest coupons hereto attached, which are in two sets, one representing interest at the rate of three per cent (3.00 %) per annum from the date hereof to maturity, and the other representing interest at, the rate of two and thirty hundredths per cent (2.30 %) per annum for the period February 15, 1959 to February 15, 1960. Both principal and interest are payable 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. This bond is one of an issue in. the total principal amount of $150,000, all of like date and tenor, except as to maturity and interest rate, 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 payable 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 been 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 constitutional or statutory limitation of indebtedness. IN WITNESS ViEREOF, 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 February 15, 1959, Village Clerk (Seal) No. (Form of Coupon) Mayor $ On the fifteenth day of February (August), 19 -, the Village of Maplewood, Ramsey County, Minnesota, will pay to bearer at The- American National Bank' of Saint ,Paula in St. Paul, Minnesota, the sum of Dollars for interest then due on its Sanitary Sewer Bond; Fourth Series, No. , dated February 15, 1959. Village Clerk' Mayor- 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. O 4. The special fund heretofore created and designated as "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 manner specified until all of the bonds herein authorized and in- terest thereon shall have been fully paid. The proceeds of the sale of the bonds herein authorized, 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 shall 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 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 and interest on the bonds issued hereunder. 5. It is hereby determined that not less than $120,000 of the cost of the portion of said system for which these bonds are issued shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the said. system. 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 12 equal, consecutive, annual. installments, the first of said installments to be payable with general taxes 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 31, 1960. To each sub- sequent 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 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 1962 f 2,500000 1963 109000.00 1964 159700-00 1965 109000.00 1966 4o500000 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 reduce the levies in the manner and to the extent permitted by 4750'61 (3) M.S.A. I 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 Cleek is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he shall require, and to obtain from said Auditor a certificate that said bonds have been entered in the Auditor's - bond register. 9. The offer of Juran & 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 Membe-r Luebben, and upon vote being taken thereon, the following members voted in favor thereof-, O'Mara Luebben Schmid Hajicek Berger and the following voted against the same: I None I A letter from WO H. Tyson, Manager of the New Homes Division of H. and Val J. Rothschilds, requested permission to erect a directional sign 101 x 129 on the property on the NW corner of County Road 11C11 and White Bear Aveo Luebben moved that permission be granted to erect this sign temporarily. Hajicek seconded. Meeting adjourned at 11:25 P.M,, Ayes - all Forrest R. Schmid, Acting Clerk February 59 1959 The regular meeting of the Maplewood Village Council was called to order at 7015 P.M, by Mayor Luebben. Other members of the Council present weret Berger, Hajicek, 0 °Mara. and Schmid ;. Absents None, .Trustee O'Mara pointed. out that a line had been omitted in the last paragraph of Resolution No. 59 - 1 - 5. The paragraph should correctly read as.followst 11.AND. FURTHER, That copies of this. resolution be forwarded to the Minnesota State. ..Railroad .and. Warehouse Commission and also to the Northern Pacific Railway .Company and.the Soo.Line Railway Co, Po. It was also noted that the minutes...should. be corrected with regard to the approval of hospitalization and term insurance* This action was taken ''.pending the adoption of" an ordinance instead of "in lieu of". O'Mara moved, Hajicek seconded that the minutes of the January 29, 1959 meeting be accepted as corrected. Ayes m all O'Mara moved that Payment Certificate No. 8 for .Lametti . & .Sons ..for Project No, 1 (Gladstone) in the amount.of $879684.83 be approved for payment and in the event the sewer.fund does not have sufficient funds...available..for full payment, Lametti and Sons shall be informed that the balance due on this pay- ment shall be forwarded to them immediately after February 15, 1959• Luebben seconded. Ayes - all Harold Freitag, St. Paul Trailer Park, 940 Frost Ave *, appeared with regard to the sewer rental rate as it applies to the trailers. The fee had been.established at the rate of $26.00 per year per trailers the same rate as for homes. $16.00 of this amount is paid to the City of St. Paul and the remaining $10.00 is kept by the Village for maintenance purposes. The park has 50 trailers, 16 cabins and Mr. Freitag °s home. It was explained that the City had been contacted and asked to reduce the rate. However, they refused to reduce their portion of it. The only part that can be given any consideration would be the Village maintenance charge. It was felt that there may be some just3.fication in th-e.reduction of this charge. The Council agreed to review the Village maintenance charged Memmer, Village Attorney, also agreed to discuss this matter with the City of St. Paul, Mrs. George Kelsey, 1984 E. Larpenteur Ave., stated that she lives on the City side of Larpenteur Ave. and requested permission to connect to the Maplewood sewer. It was pointed out that this is one of the situations discussed with St. Paul and agreed to when the City is unable to provide service* O'Mara moved, Schmid seconded the adoption of the following resolution: 59-2-8 RESOLVED, That the Village Engineer be and hereby is instructed and authorized to contact the City of St. Paul requesting permission for the Village of Maplewood to provide a sanitary sewer service connection to the residence at 1984 E. Larpenteur Avenue, now owned by Mr. and Mrs, George Kelsey, residents of said City of St. Paul. Ayes - all Memmer, Village Attorney, reported that he had contacted the attorney for the owner of the K-9 Kennel and informed him there was no need for him to appear at the Council meeting. He also informed him that the Council planned to continue the action started and that if the attorney for the kennel owner wished to appeal, he could do so through District Court. If such action is taken Memmer plans to ask the District Court that they be enjoined from operating a kennel at that location. A letter from the St. Paul Humane Society, complaining of conditions at this kennel., was also read and.referred to the Village. Attorneys The matter of the rezoning hearing for Brower Park (in the area of Highway 100 and Brookview Drive) was laid over until the next meeting of the Council. The Planning Commission's report of their meeting of December 1, 1958 was read. The report covered several areas which the Commission recommended should be considered for possible rezoning to commercial or manufacturing classifications.. The first area discussed was approximately 40 acres north of Larpenteur Ave., south of Ripley, east of White Bear Ave. and west of Hazel. The Commission noted that the area is now partially commercial and recommended that the overall area be so classified. Radatz, Chairman of the Planning Commission, was present and stated that his group had contacted the owner of a large portion of this property. The owners indicated they would prefer to retain the present zoning for their own property-, but had no objection to the part lying west of them becoming commercial. It was recommended that it now be rezoned only to VanDyke. Berger moved that a*hearing be set to rezone to a B.C. - Business and Commercial classification that portion of the area south of the North St. Paul Road, west of Van Dyke, North of Larpenteur Ave. and east of White Bear Ave., not now so zoned. Luebben seconded. Aye s - all Mayor Luebben set the hearing on this rezoning for 8:00 P.M. on April 2, 19590 The second area considered was an area in Sec. 11, 400 feet wide on the north side of Gervais and parallel thereto from White Bear Ave. west to the Section line. It was reported that the owner is interested in having this property, which is adjacent to a similarily zoned strip north of Highway No. 36, zoned to a commercial or industrial classification. It was felt that in view of the location of this property and its being part of a larger tract, it would be wiser if the owner would initiate the petition for the rezoning. Raymond Jensen, 820 South Margaret, asked that maps be provided to the North St. Paul - Maplewood School Board in view of the Highway Department's plans to re-route present Highway No. 212 immediately adjacent to the new Junior High School. He pointed out that the route will also be adjacent to the Hill and Archbishop Murray High Schools. Ljungren, Village Consulting Street Engineer, reported he had been in contact with the Highway Department and had been informed that as soon as plans for 3 possible alternates were complete, they would provide the Village with copies of these maps and discuss their plans with the Council. The Council agreed that as soon as plans became available the School Board would be provided with all the pertinent information. The Mayor reported that he had obtained a copy of the St. Paul Tree Ordinance. Because of the difficulty of condensation and his intent to propose a number of changes, be asked further time for preparation. Memmer, Village Attorney, reported on Cemetery. Berger moved the adoption payment for the easements through the easement for Carlton Street-, a sewer easement through the Ascension of the following resolution authorizing Ascension Cemetery and right-of-way 59 - 2 - 9 RESOLVED, That pursuant to the report of the Village Attorney and Joseph Bettendorf, appraiser, the following tracts of land be acquired from the Diocese of Saint Paul, a Minnesota Corporation, for construction, use, maintenance, and administration of the sanitary sewer system in the Village of Maplewood, and that the Treasurer be and in berpby authorized to pay over to the owners of said tracts the amount set opposite each descriptions 1. Commencing on the East property line of the Ascension Cemetery at a point 32100 feet South of the center line of Minnehaha Avenue, which center line is also the North section line of Section 36, Township 29 North, Range 22 West; thence Westerly on an azimuth of 2700-000, a distance of 332.0 feet; thence bearing Southwesterly 22603800 a distance of 154088 feet- 0 thence bearing Southwesterly 2460-49t, a distance of 193.96 feet- 9 thence bearing Southwesterly 2600--55', a distance of 132,,80 feet-, thence bearing Southwesterly 2690-350, a distance of 371.60 feet- 9 thence bearing Southwesterly 2380-141, a distance of 121.85 feet; thence bearing Southwesterly 2690-341, a distance of approximately 174.18 feet to the West property line of the Ascension Cemetery and there terminating. For the purpose of the foregoing description, the center line of Minnehaha Avenue is assumed to be due East and West while the azimuth readings assume 00-000 to be due North,, Owned by,,- The Diocese of Saint Paul. 2. That part of Ascension Cemetery lying within the South 45 feet .of the North half of Section 36, Town 29, Range 22, together with that part of the Northwest quarter of said Section 36 lying Southwesterly of the following described line-0 Beginning at a point on the East right-of-way line of McKnight Road, said point being 67 feet East and 95 feet North of the Southwest corner of said Northwest quarter, thence Southeasterly to a point which is 117 feet East and 45 feet North of said Southwest corner of said North- west quarter of said Section 36, and there terminating, according to the United States Government Survey thereof) on file and of record in the office of the Register of Deeds in and for Ramsey County. Owned by.- The Diocese of Saint Paul. $ 6,000000 0.00 3. The South Fifty-five (55) feet of the South two-thirds) (52/3) of the West half (W-1y) of the East three-fourths) 200.00 (E3/4) of the Southwest quarter (S4) of the North- east quarter (NE14) of See,, 36, Town 299 Range 22. Owned byo, Edwin Edward Piper and Le.ona Cavis Piper. O'Mara seconded. Ayes - all L'ungren, Consulting Street Engineer, reported on the proposed construction of Craig Place in Lark Park. He pointed out that this area had been engineered for improvement and that after receiving bids, because the necessary bonds were not posted, it was decided to reject all bids,, Because the Council could not determine the reason for the change in the proposal, from one to be paid for by the developer to an assessment basis, it was referred to Ljungren, Consulting Street Engineer, to determine from the petitioner the reason for the change in plans,, Ljungren reported that in the process of taking testings in the area in the NE corner of Highways No. 36 and 61 he found it is not feasible to construct a Municipal State kid Road in this area. Luebben moved, Berger seconded that a letter be written to the property owners informing them that the Council does not propose to undertake the English Street project. Aye s - all Berger moved that the resolution No,, 58-10--58 , authorizing the Engineer to proceed with the final plans and specifications for English Street be rescinded in view of the Engineer's discovery that this project is not practical. Luebben seconded. Ayes - all Luebben moved that the Council action instituting the rezoning of the English St. area be rescinded. Schmid seconded. Ayes - all A letter from Robert F. Willie, Jr., of Willie and Willie, Attorneys at Law, representing the Lakeview Lutheran Church, located on County Road C a short distance east of its intersection with Highway No. 61, was read. The letter points out that the owners of certain lots in Speiser's Arbolado Addition ask for the vacation of Speiser Road adjoining their property. It was pointed out that there are a number of lots in the plat apparently not owned by the petitioners.which would be affected by this. The Clerk was instructed to send the proper form and point out the proceedure for requesting the vacation of a street. The letter should also point out the need for approval by the owners of all affected property in the case of a street vacation and advise that an effort be made to secure the consent of all property owners before requesting a vacation of the street in question. Lj'ungren, Consulting Street Engineer, read a letter from the Highway Department, to which was attached a certified copy of the Commissioner of Highways order, approving the designation of Carlton St. as a Municipal State Aid Road. Nelson, Village Engineer, reported on the tabulation of the bads for the Carry- - all and stated that he found that all bidders met the specifications. He re- commended that the low bid from Merit Chevrolet Co. be accepted. O'Mara moved that the low bid of $2,100.00 from Merit Chevrolet Co. be accepted. Hajicek seconded. Aye s - all Meeting adjourned at 11045 P.M. Forrest R. Schmid. Acting Village Clerk February 19, 1959 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, O'Mara, Hajicek and Schmid; Absent: None. Hajicek moved, O'Mara seconded that the minutes of the February 5, 1959 meeting be accepted as submitted. Ayes - all Harry Johnson, representing Marvin H. Anderson Construction Co., appeared with the proposed plat"of Marvin H. Anderson's 1st Addition. He had presented the plat at the Clerk's office and paid.the required filing fee. The proposed platted area had formerly been known as lots 12, 13 and 14, Wrights Garden Lots. This pre. liminary plat, containing approximately 75 lots, was referred to the Planning Commission, the Consulting Street Engineer and to the Consulting Sanitary Sewer Engineer for investigation and report. Addison Carlson, 2303 E. Minnehaha, stated that he was contemplating the purchase of property from Rudolph T. and Vernie R. Olson. This property is described as follows: Except the North 150 feet of Lot 9, and except the East 54 feet of the North 150 feet of Lot 8, all of the remainder of Lots 8 and 9 of Minnehaha Suburban Heights, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. He also proposed to buy part of the North portion of Lot 21, Minnehaha Suburban- Heights. The area would be served by an easement from Bush Ave. on the North and would also have access to Minnehaha Ave. from the South over a separate easement, A search of the records revealed that Rudolph T. and Vernie R. Olson had entered into an agreement with the Town of New Canada in 1955 whereby they could build a house on the above described portions of Lots 8 and 9 and in turn they would require no street maintenance from the Town of New Canada (now the Village of Maplewood). Mr. Carlson was asking permission to move two homes into this area. By adding th6 portion of Lot 21, he would have enough space for two homes. The Council felt that conditions had changed during the intervening period and that they would no longer enter similar agreements but preferred that arrangements for street construction be required, in such areas. The matter was referred to the Consulting Street Engineer for investigation and report at the March 5, 1959 meeting. Swen Anderson introduced Wayne Jennings and requested that a building permit be approved for a motel type apartment building on the corner of Century Ave. and Seventh St. As the structure conformed with the Zoning requirements, Berger moved, O'Mara seconded that the plan be approved subject to its conformity with the building codes as interpreted by the Building Inspector. Ayes - all The setting of the hearing for the Brower Park rezoning was laid over until the March 19, 1959 meeting. Mayor Luebben stated that a request had been received from the St. Paul Police Department for a target range. He moved that permission be granted subject to proper restriction, protection and supervision. Hajicek seconded. Mayor Luebben reported on his investigation of the'situation. He had contacted the 3 residents li-,ring in the immediate vicinity of the proposed range, the only residents he felt were affected, and found they had no objections providing adequate protection was given to the people of the area. Berger pointed out that, when the Council had laid this matter over, they had agreed to inform the people when the matter was brought up for final decision. Berger felt that regulations should be established. Memmer, Village Attorney, advised that this should be in the form of a contract with the City of St. Paul which would stipulate the regulations. It was decided t I o hold the motion open and to continue the hearing on the target range to March 5, 1959 at 8:00 P.M. A notice is to be delivered to the residents of the immediate area informing them of the hearing. The St. Paul Police Department would also be asked to bring in detailed sketches and plans of the range as they propose to construct it. Ljungren, Consulting Street Engineer, reported that Mr. Shuster, developer of Lark Park, had. asked that his request for a street to be constructed on Craig Place on an assessment basis be laid over until the next regular Council meeting. A letter from the Consulting Street Engineer regarding Spring road restrictions was read recommending that the street load limit be set at 3 ton on March 15, 1959. It also stated that the Street Department is in need of an additional 50 load limit signs. Berger moved, Luebben seconded the adoption of the following resolution: 59 - 2 - 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 Consulting Street Engineer is hereby authorized and instructed to post and enforce a three ton axle limit on all Village roads except Conway Ave., from McKnight Road. to a point 2000 feet east of McKnight Road, which shall have a nine-ton axle limit to become effective March 15, 1959• Ayes - all Berger moved, Luebben seconded that the Street Department be authorized to order 50 additional load limit signs. Ayes - all A letter from Milner W. Carley & Associates, Consulting Street Engineers, regarding the street maintenance materials needed for 1959 was read. The letter gave a resume of last years experiences with anticipated needs for this year. Berger moved, Luebben seconded that the Consulting Street Engineer's recommendations be adopted and that advertisements for bids be published for the following materials: Gasoline at 8-00 P.M. on March 199 1.959, Gravel at 81.15 P.M. on March 19, 19599 Asphaltic Materials at 8:30 P.M. on March 19, 1959 and Culverts at 8:45 P.M. on Phreh 190 1959. Ayes - all LJungren reported that he had investigated the possible purchase of a Seaman Andwall, self propelled pulvi-mixer. A discussion followed in which Berger proposed that the Village purchase this machine in place of other equipment proposed in the budget in order to complete a more permanent and ' satisfactory street reconstruction job this summer at only a slight additional cost. Berger moved that the engineer be authorized to prepare an advertisement for bids for this type of mixer with the bids to be opened on March 19, 1959 at 9:00 P.M. Hajicek seconded. Ayes - all Berger read a proposed letter to be sent to the residents living on streets that had been excavated for sewer construction. This letter would explain who to call for service on streets during the spring settling. The letters are to be printed in the Village Office and distributed to each home owner. The hearing continued from the January 29, 1959 meeting to 8:30 P.M. on this date for the consideration of the petition for rezoning of that part of the N of the SWI of Section 25, Township 29, Range 22, described as follows: Beginning at the intersection of the West line of Minnesota Trunk Highway #212 and the Southeasterly line of Stillwater Road Out-Off as now establishedl thence Southerly along the West right-of-way line of the said Minnesota Trunk Highway #2120 a distance of 15806 feet to a point; thence at a right angle in a Westerly direction, a distance of 68 feet to a point, thence at a 148 degree angle in a Northwesterly directiono a distance of 110 feet to a point on the Southeasterly right-of-way line of said Stillwater Road Cut -Off; thence in a Northeasterly direction along the Southeasterly right-of-way line of said Stillwater Road Cu-t-offs 188 feet more or less to the point of beginning from Farm Residential to BC, Business and Commercial, was declared re- opened at 8:30 P.M. by Mayor Luebben, This rezoning had been asked for the purpose of building a service station. Leo Zacho, an objector at the original hearing, asked if the rezoning would limit the use of the property to the service station, He was advised that the rezoning would not limit it to this specific use, however, the Council must approve any building plans which would in effect give complete control over the use of the property. He stated that in that case he would have to continue his objection in view of the fact that the litigation seeking to establish his part ownership in the property concerned had not come before the court. Harry Zacho, another party to the litigation, was also present. Lloyd Toutant appeared on behalf of the petitioners. The Council pointed out that although they were aware of the litigation they could not become involved in a private matter and would have to decide the issue purely on the basis of the facts as they exist at the present time. Berger moved, Luebben seconded the adoption of the following resolution: N 59 - 2 - 11 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: That part of the Northwest 4 1 of the Southwest 1 4 of Section 25, Township 29, Range 22, described as follows: Beginning at the intersection of the West line of Minnesota Trunk Highway #212 and the Southeasterly line of Stillwater Road Cut-Off as now established; thence Southerly along the West 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 point; thence at a 148 degree angle in a Northwesterly direction, a distance of 110 feet to a point on the Southeasterly right-of-wU line of said Stillwater Road Cut-Off; thence in a Northeasterly direction along the Southeasterly right-of-way line of said Stillwater Road Cut-off 188 feet more or less to the point of beginning. which has been proposed for rezoning from Farm Residential to BC, Business and Commercial, and WHEREAS, a hearing was set for January 29, 1959, notice thereof having been duly published in the official Village newspaper and notices of said hearing were mailed to all proper * ty 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 February 19, 1959, 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 MAPLEWOOD, MINNESOTA: THAT the petition for rezoning of the above-described property be granted. Ayes - all Berger asked that the following people be appointed to the Recreation Advisory Committee: Mrs. Francis Rose Mrs. Conrad Peterson Harlow Roen Sterling Brady Robert McCarthy Joe Zappa P. A. Peters Keith Nygren W. T. Rowe The Council reviewed the proposed members and agreed to their appointment. Mayor Luebben then declared that the above mentioned individuals be appointed to the Recreation Advisory Committee. It was agreed that should further persons show an interest in this committee their names would be submitted and they would be considered for appointment. Peter Moritz reported that the Scandinavian Club which has been vacated is now creating a public nuisance. The Village Attorney was instructed to write a letter to the Standard Oil Co., owners of the property, asking them to either board the building in order to prevent public entry or to tear it down. Luebben brought up the matter of the proposal by the J.C.'s of North St. Paul to take over the buildings in Joy Park. Berger reported that he had learned that only the buildings are concerned and that the park property is to remain in the hands of the County for general use. A letter was read from Sigurd A. Bertelsen, Postmaster, in which he offered to have two representatives from his office appear at a Village Council meeting to discuss street names. The Clerk was instructed to write a letter to Bertelsen thanking him for his invitation and, inviting his representatives to the March 198 1959 meeting. A letter was read from F. W. Johnson, Chief Warden of Section of Warden Service, State Department of Conservation. He stated that the idea of a controlled pheasant hunt was a new one with them this year and that the results of these hunts will be weighed very carefully before they are tried out again. The Plat of Hazelwood Hills Development was presented to the Council. The property involved is the North one rod of the SE4 1 of the NEI of 20 acres of the E! of the SWIT of the NEI 4 2 4 and the 10 acres of the N-L of the E-�� of the NWv1 of the SO of Sec. 3, Township 29, Range 22, Ramsey County. The Council reviewed the proposed plat and found it unacceptable in it's present form. A letter is to be written to the developer advising him that he may contact the consulting street engineers, Milner W. Carley and Associates, for further information. It was noted that the plat does not provide adequate access to any of the existing streets. O'Mara moved, Luebben seconded that the fee for the filing of the above mentioned plat be made available for refund to the Metro Corporation, developer of the Hazelwood Hills Development, if they wished to withdraw the plan. Ayes - all Hajicek moved that Dan Leopold, Patrolman for the Maplewood Police Department, be paid $7.00 (Seven Dollars) for damage to his private car while pushing the Maplewood Police car to start it. Berger seconded. Ayes - all O'Mara requested a traffic signal at the intersection of McKnight Road, Minnehaha Ave. and Stillwater Road. O'Mara also noted that on traveling east on Highway No. 12 there is a green left arrow which stops all other traffic traveling east unnecessarily. Meeting adjourned at 11:07 P.M. Forrest R. Schmid Acting Village Clerk March 5, 1959 The regular meeting of the Maplewood Village Council was called to order at 7:15 P.M. by Mayor Luebben,, Other members of the Council present were.- O'Mara, Hajicek and Schmid; Absent: Berger. Hajicek moved, O'Mara seconded that the minutes of the February 19, 1959 meeting be accepted as submitted. Ayes ® all Marvin Anderson, of the Marvin H. Anderson Construction Co., and Harry Johnson, also representing that firm, appeared with the proposed plat of the Marvin H. Anderson's lst Addition. O'Mara reported that the sanitary sewer service to this project was not completed as yet because of the question of the connection to the City of St. Paul,, The Planning Commission's report was read which approved the plat assuming that easements for sanitary sewers are provided. It stated that the representatives of the construction company present at their meeting had agreed to provide a 20'foot permanent and 50 foot construction easement between lots � and 8, 10 and 11, Block 5 of the proposed plat. They also pointed out that the Council would be changing some commercially zoned property to R-1, Residence District, namely the S12 of Lot 1• of Wrights Garden Lots. The engineer's report on the plat was then read. He reported that the zoning of the S2 of Lot 14 Wrights Garden Lots was Business and Commercial, the street names of the east- west streets are correct and he gave the names of the north-south streets except for the most westerly street which does not line up with any of the existing Village streets,, So far as street lay out is concerned, they found that the plat does conform with the previous plattings in the area. They requested a 20 foot drainage easement between lots 12 and 13, Block 5. They feel that the plat is feasible providing that the additional drainage easement is provided running north along the east line of lot 12,, O'Mara moved that the plat be accepted incorporating the recommendations of the Consulting Street Engineer and Planning Commission,, Schmid seconded. Ayes - all Frederick Graham of the Metro Corporation appeared with regard to the plat of Hazelwood Hills Development. It was pointed out to him that access streets were needed to this area which is completely separated from any of the major street right-of-ways. The matter was referred to the Village Consulting Street Engineer for the develo-)r.At (-).f a plan with the owners of the property, Mr. Davies of the Minnesota Highway Department presented the following described documents to the Council. The construction plans for grading, base and surfacing SP 828508 (TH 494--393) comprising sheets 1 to 5 inclusive and sheets 14 to 17 inclusive, sheets 19, 22, 22a, 26, 27, 36, sheets 80 to 87 inclusive and special provisions for SP 828508 (TH 494e393) and for SP 828511 (TH 494--393), Minnesota project 1 494-4- (37) 251 for Grading, Gravel Base, Plant-mixed Bituminous Surfacing and Concrete Paving and Bridge No. 9344 dated February 9, 1959, He pointed out that an underpass had been provided for Carver Ave. in this area, Ljungren, Consulting Street Engineer reported he had reviewed the plans and specifications and found them acceptable. Luebben moved the adoption of the following resolution: 59 - 3 -- 12. "WHEREAS the Commissioner of Highways has prepared plans and specifications for the improvement of a part of Trunk Highway No. 393 renumbered as Trunk Highway Number 494 within the corporate limits of the Village of Maplewood from the South Corporate Limits to Approximately 0.2 Mile North of South 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 SP 828508 (TH 494--393); and WHEREAS said specifications are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as SP 828508 (TH 494--393) and SP 8285-11 (TH 494=393), which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated July 1, 1947, and-Supplement No. 1 to the Minnesota Department of High- ways Specifications for Highway Construction, effective April 159 19539 on file in the office of the Commissioner of Highways, constitute the specifi- cations for said improvement of Trunk Highway Number 393 renumbered as Trunk Highway Number 494; 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 parti- cularly identified and described. NOW, THEN, BE IT RESOLVED that said plans and specifications for the improvement of Trunk Highway Number 393 renumbered as Trunk Highway Number 494 within the limits of the Village of Maplewood be and hereby are approved. i 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 393 renumbered as Trunk Highway Number 494 in accordance with said plans and specifications." O'Mara seconded. Ayes - all Luebben moved the adoption of the following resolution: 59 - 3 - 13 WHEREAS the Village of Maplewood has approved the plans and specifications for the improvement of that part of Trunk Highway Number 393 renumbered as Trunk Highway Number 494 within the corporate limits of the Village of Maplewood from the South Corporate Limits-to Approximately 0.2 Mile North of South Corporate Limits; and WHEREAS in order to obtain Federal aid in the construction of said Trunk Highway Number 393 renumbered as Trunk Highway Number 494 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 393 renumbered as Trunk Highway Number 494 within the corporate limits of the said Village of Maplewood. 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 393 renumbered as Trunk Highway Number 494 and to the above end said Village of Maplewood hereby agrees that it will. never 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 encroachment whatsoever, including curb gas pumps and gas 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 traffic hazards and will further take any necessary action to eliminate any encroachment that may hereafter exist on said trunk highway right of way. al Hajicek seconded. Ayes - all The hearing continued from the October 30th, 1958 meeting to 8:00 P.M. on this date for the consideration of a permit for the establishment of a target range on the County Workhouse property, between 2481 Linwood Avenue and Century Ave., was declared reopened by Mayor Luebben. The discussion at the last meeting as reported in the minutes was read. Assistant Chief Schmidt and Sergeant Sivald of the St. Paul Police Department explained that the proposed range area was 450 feet by 350 feet. Chief Proetz of the St. Paul Police Department arrived during the discussion and he spoke briefly on the proposal offering the training provided for the St. Paul Police Department to the Village of Maplewood Police Force. Several persons were present who owned property near the proposed range. They asked a number of questions concerning the sanitary facilities and protection to be provided. He also stated that they would abide by whatever restrictions the Maplewood Council would put on the range. It was agreed that Memmer, Village Attorney, would prepare an agreement with the St. Paul Police Department which would incorporate the restrictions on use, security measures to be taken and all other pertinent information. Luebben then asked if there were any further questions. Hearing none, Luebben then restated his motion, made and duly seconded by Hajicek at the February 19, 1959 meeting and called for a vote on the proposal. The motion read as follows.- "that permission be granted subject to proper restriction, protection and supervision". Ayes - all Walter Jablonski, 1405 E. Larpenteur, stated that he is interested in building a bowling alley in the basement of the proposed Maplewood Food Market which is to be built on the NW corner of Clarence and Frost Ave. He asked if the Council would permit such a business establishment. It was felt that the matter should be in- vestigated by the Planning Commission to assure the Village that there would be sufficient parking area. Dorothy Luth, 1475 Eldridge Ave., and George Zian, Jr., 1475 E. Belmont Ave•, complained of the dust condition on the property located on the North half of the block on Eldridge between Barclay and Birmingham. This matter which was found to be a case of the owner having stripped off the topsoil leaving a sugar sand surface, had been reported to the Council previously. The matter was to be taken under consideration, and Memmer, Village Attorney, felt that he could handle this matter with the owner of the property. Ljungren also on the the area, that Craig Place be that the petition be honored assessment basis. Before the for the road construction or O'Mara pointed out that he di to lay this matter over until proposal, s-u`i by Andrew Shuster, developer of constructed on an assessment basis. Shuster requested and that he be allowed to construct this road on an contract is let, he will decide whether to pay cash to continue the assessment for a full 10 year period. d not feel that this could be done. It was decided the next meeting. Ljungren reported that a tentative agreement had been reached with Northern States Power Company for the use of the boulevard area on Conway for power lines and the construction of a power sub-station on Minnesota Mining property which would serve the Mining property, the area to the north and the Tanners Lake area in the future. The valuation of the sub-station would be approximately $350,000.00 to $4009000.00. Northern States Power Company has the matter under consideration and a final decision will be made within the next few weeks. Ljungren's report on the Shell Oil Company's service station at Highway No. 212 and Stillwater Ave. was read. He found the plans conformed to or exceeded the requirements but offered several recommendations concerning elevations and interior concrete curbing. He recommended driving surfaces and parking areas be established 4 inches above the street centerline elevation and a concrete interior curbing to prevent use of the boulevard area. O'Mara moved, Luebben seconded that the recommend- ations contained therein be adopted. Ayes -all At the request of the Police Department, Memmer, Village Attorney, drafted an ordinance covering the issuance of checks, drafts or orders by persons without sufficient funds. Hajicek moved, Schmid seconded that the following ordinance be adopted.- ORDINANCE NO. 72 AN ORDINANCE RELATING TO THE ISSUANCE OF CHECKS,., DRAFTS, OR ORDERS WITHOUT HAVING SUFFICIENT FUNDS OR CREDIT FOR PAYMENT THEREOF, AND PROVIDING PENALTIES THEREFOR. I Ayes -j all Memmer reporte(I 4-.he preparation of an amenOlment to the Zoning Ordinance, requested by the Council, vhicn. would prohibit the bui]-ding of residences in BC, Business and Commercial, and Light Manufacturing areas. O'Mara moved, Luebben seconded the adoption of the following ordinance,-, ORDINANCE NO. 73 AN ORDINANCE AMENDING ORDINANCE #29 ENTITLED, "AN ORDINANCE REGULATINGAND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND 'SIZE OF BUILDINGS AND OTHER STRUCTURES; THE PERCENTAGE OF 1OT.THAT'_MAY.BE OCCUPIED; THE SIZE OF YARD, COURTS, AND OTHER OPEN SPACES; THE DENSITY OF POPULATION; THE LOCATION AND USE OF BUILDINGS AND LAND FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ES- TABLISHING THE BOUNDARIES OF SUCH DISTRICTS; PROVIDING FOR CHANGES IN THE REGULATIONS, RESTRICTIONS, AND BOUNDARIES OF SUCH DISTRICTS; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR ENFORCEMENT; AND IMPOSING FINES AND PENALTIES FOR VIOLA- ?IONS. Ayes - all George Zian, Jr., also reported a drainage problem at the corner of Belmont and Barclay. The matter was referred to the Village Engineer for investigation and necessary action. Hajicek brought up the matter of the Civil Defense Auxiliary Police training with the Maplewood Police Department. The proposal for the joint training plan was read,, Hajicek moved, Luebben seconded the adoption of the proposed training plan which may be terminated any time within the 90 day training period at the descretion of the Acting Police Chief, the Civil Defense Director and the Village Council. Ayes - all Sylvester J. Tauer, 2012 Barclay, appeared to complain of a drainage problem created when the streets were regraded following sanitary sewer installation. He reported the attempt last year to correct the problem had not been successful. The matter, -was referred to the Village Engineer. Earl Culver, 2525 Hazelwood, presented a petition signed by a number of adjoining property owners stating they had no objections to his moving his house to 2711 Gem.. from its present location, Londin, Building -Inspector, reported that he had asked Mr. Culver to take a picture of the house and obtain permission from the neighboring property owners before asking the Council's permission to move it. Mr. Culver indicated that he planned to live in the house himself. O'Mara moved, Hajicek seconded that permission be granted. Ayes - all Walter Koenen, X745 Edgerton St., requested that signs be posted to slow traffic at a school bus stop at the store. ' He was promised the matter would be given special attention by the police. Mr. Koenen also brought up a drainage problem there and suggested that the street be vacated. He was advised to properly petition the Council for such action. Earl Ranniger, 1700 Chambers, appeared and asked that Chambers St. be constructed from Larpenteur Ave. to the north and that sanitary sewer service be provided. He was advised to secure the support of other property owners of the area and properly petition the Council for this action. O'Mara explained that Robert W. Moore, Contractor, had failed to install the service connection deep enough to serve ' ' the Transfiguration Church Convent. A proper connection was later put in by another contractor, Robert W. Moore agreed not to charge the Village for the cost of this service incorrectly installed. The Village would then pay for the installation made by the other contractor at a total cost of $188.00. O'Mara moved, Hajicek seconded that the contractor making the correct installation, Ralph Currella, be paid $188.00 for this connection and that the charge made by Robert W, Moore be deducted from his final payment. Ayes - all Ljungren reported on the request for a building permit in the area of lots 8, 9 and 21 in Minnehaha Suburban Heights owned by Mr. and Mrs. Rudolph Olson. After viewing the property, Ljungren recommended that a road be constructed from Meyer Street north to a cul-de-sac which would abut on the rear property line of homes built facing Stillwater Road. He also reported that it would not be desireable to permit any building using private easements for access. The property owners are to be informed that the engineer has a plan and if they wish to carry it any further, they may discuss it with him. It was suggested by Pepin,. Acting Police Chief, that relations be drawn t to control peddlers. The matter was referred to Memmer, Village Attorney; Schmid moved, Luebben seconded that an offer be made t6 Alder. Ha�ss Pori the position of Village Clerk. Ages - all Londi March 19, 1959 The regular 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, Berger and Schmid- Absent: None. O',Mara moved, Berger seconded that -the minutes of the March 5, 1959 meeting be accepted as submitted. Ayes Q all John Carr, 1117 E. County Road "C ", stated that he had been ordered by the Village Health Department to install a cesspool or drainfield in his front yard in place of the present one he has in his back yard. He had been informed that his present' system was draining into Kohlman Lake. He suggested that he woul6'prefer to correct his drainfield and cover it with sand and gravel rather t4an moving it to the front. The Council felt that if the situation could be corrected in this manner they -had no objections. He was advised to secure technical advice before proceeding with his plan because if his system did not operate properly it would be necessary for h�m to correct it again. He readily agreed to this stipulation. Marvin Anderson and Harry Johnson presented the final plat of Marvin H. Anderson's lst Addition. Berger moved, O'Mara seconded that the plat be approved and the Clerk authorized to sign upon the receipt of a letter from the Consulting Street Engineer stating that the plat conforms to the original preliminary plat and in-. corporates the recommended changes. The Consulting Street Engineer's report on the developer's petition for the ima. provement by grading, gravel base construction, storm sewer construction, bituminous surfacing, plant mix bituminous curb and boulevard sodding, in accordance with Ordinance No. 53 of the following named streets in Marvin H. Anderson's lst Addition :was read. Mayer Lane from the west line of Marvin H. Anderson's lst Addition to ..the east line of same addition, Dennis Lane from Upper Afton Road to-Mayer Lane, Farrell from Upper Afton Road to Mayer Lane and Mayhill Drive from Upper Afton Road to Mayer.Lane. The report stated that he had visited the site and felt that the proposed improvement is feasible. The estimated costs of the work was set at $62,194.00. The report also pointed out that a representative of Marvin H.'Anderson had.requested authority for Mr. Anderson to do his own grading. The engineer had informed them that the final authority on this matter laid with the Village Council and that under any conditions the developer would be required to post an escrow to cover this work. It was agreed to permit Mr. Anderson to do any necessary pre- liminary grading before street grades are established. The 10% fee required by ordinance to cover the cost of preliminary engineering, in the amount of $5,654.00, was paid by the developer. Berger moved, Luebben seconded that the Consulting 'Street Engineer be authorized to proceed with the plans on the Marvin H. Anderson's lst Addition. Ayes mall Mr. Herringer, owner of the Maple Leaf Theater, requested a burning permit. He was referred to the fire department to make the necessary arrangements. Mr. Aland, along with 2 other representatives from the St. Paul Post Office Dept., appeared to discuss the street naming and numbering system within Ramsey County. They reported that they had received the Council's letter agreeing to follow the re- commendations developed recently with representatives of other municipalities and appreciated the Council's willingness to cooperate. They stated they had no re- commendations for changes in Maplewood in vied of the Villages recent adoption of changes which eliminated duplications and efforts to establish a system for future street naming which followed ,a county -wide pattern. Pursuant to the provisions of an advertisement for bids ordered by the Council on February 19, 1959, and set for 8:00 P..M. on this date, Mayor Luebben declared the meeting in session for the purpose of opening bids for approximately 100000 gallons of premium, high test gasoline at this time. The single bidder and bid was as follows: BIDDER BID PRICE Ford Deep Rock Oil Co. $ .23988 per gal. The bid was accompanied by a certified check in the amount of $239.88. Luebben moved, Hajicek seconded that the bid be referred to the Village Engineer for tabulation and report. Ayes - all Edward Kell, 510 Ferndale, stated that he owns a 60 foot lot at 515 Farrell whic4 presently has a small building on it that he would like to remove in order to build a new home in its place. He stated that there is no additional land available on either side to add to the property. The matter was referred to the Building Inspector for investigation and report. Pursuant to the provisions of an advertisement for bids set for 8:15 P.M. on this date for the following material: Approximately 6,000 cubic yards of gravel for base repair furnished in accordance with Minn. Hwy. Dept. Specifications, Section 3138,Class'5. Approximately 2,500 cubic yards of gravel for road -mix bituminous surfacing, furnished in accordance with Minn. Hwy. Dept. Specifications, Sect. 3139, grade BA -2. Approximately 1,200 cubic yards of seal coat cover aggregate furnished in accordance with Minn. Hwy. Dept. specifications, Sec. 312 7, Designation FA -1. Mayor Luebben declared the meeting in session for the purpose of opening bids: The bidders and bids were as follows: Class 5 BA -2 FA -1 BIDDERS BASE GRAVEL BITUMINOUS AGGREGATE SEAL COAT AGGREGATE P. 0. Pederson, Inc. $2.00 cu. yd. $2.00 cu. Ord. No.bid North Branch, Minn. Alternate (FOB pit) $1.00 cu. yd. Accompanied by a certified check in the amount of $250.00. Class 5 BA-2 BIDDERS BASE GRAVEL BITUMINOUS AGGREGATE T_ * -A Schifsky & Sons $1.73 cu. Yd. $1.73 cu* Ydo 361 W. County Road E Alternate (FOB pit) .95 cu. Yd. .95 cu. yd. Accompanied by a certified check in the amount of $250.00. Arsonal Sand & Gravel Co. $1.70 per ton $1.65 per ton New Brighton 12, Minn 0 (one yard=1.4 ton) Alternate (FOB pit) 1.05 per ton 1.00 per ton Accompanied by a bid bond in the amount of $250.00, - . 1. FA-1 SEAL COAT AGGREGATE $2.15.cu. Yd., 1.25 cu. yd. $1.65 per ton .90 per ton Berger moved, Schmid seconded that the bids be referred to the Village Engineer for tabulation and report. Ayes - all Walter Bakeman, 2155 Prosperity Road, asked permission to build a new home within 20feet of the property line of the property described as the E 10 feet of Lot 1 and Lots 2 and 3, Block 2, Pflueger's Addition to Gladstone. Mr. Bakerdan reported that the street easement option granted to a proposed developer of the property to the west would expire in April and he did not anticipate its use in view of the purchase of that property by the school district., After a report from the Consulting Street Engineer that it did not seem feasible that a street would ever be constructed along the west side of this property, Hajicek moved, Luebben seconded that permission be granted, Ayes - all Pursuant to the provisions of an advertisement for bids set for 8:30 P.M. on.this date for the following asphaltic material: Approximately 50,000 gallons, MC-3, medium curing out-back asphalt furnished in accordance with Minn. Hwy. Dept. Specs., Sec. 3152, dated July 1,, 1947 and all amendments and additions thereto- t Approximately ?5,000 gallons, SC-2, slow curing liquid asphalt furnished in accordance with Minn. Hwy. Dept. Specs,, Sec. 3154, dated July 1, 194? and all amendments and additions thereto;' Mayor Luebben declared the meeting in session for the purpose of opening bids;' The onl�r bid received was as follows: ... . .................. . . 1 ...... I ........................ ... BIDDER SC ASPHALT MC CUTBACK ASPHALT., NW Refining Co. (FOB Refinery) $ .1050 per gal. $ -,.1150 per gal. PO Box 248 St. Paul Park, Minn, (FOB Maplewood) $ .1068 per gal. $ .1168 per gal. Accompanied by a certified check in the amount of $500-00. Luebben moved, Berger seconded that the bid be referred to the Village Engineer for tabulation .and report. Ayes - all r( C... John Witzel, 1250 Dorland Road, Ervin Malluege, 1288 Soo Dorland Road, and Irwin Linnell, 1235 So. Dorland Road, complained about dogs in their area. They stated that there were at least 6 female dogs in the immediate vicinity. The matter was referred to Trustee Hajicek, Commissioner of Public Safety, for disposition. Ken DeMars,. 674 E. Viking Drive, requested consideration of a waiver of minimum lot size on two lots, Lot 1, Block 8, DeMars 4th Add. and Lot 1, Block 1, DeMars 1st Add. These odd lots were created by the final placement of the new highway adjoining his property. After considering the problem, it was agreed to permit Mr. DeMars to build on Lot 1, Block 8, DeMars 4th Add. and the E 10 feet of Lot 1, Block 1, DeMars lst Add. Luebben moved, O'Mara seconded that permission be granted. Ayes m all Pursuant to the provisions of an advertisement for bids ordered by the Council on February 199 1959, and set for 8045 P.M; on this date, Mayor Luebben declared the et ng. in, ion, or,the Tpurpose of Qpening bids ; fqr ; the ; fol.'lowing quantities o cu everts and, eopq . cti g bands for, e act < Copper Steel Round X16 gauge 1211 diameter culverts 300 lion. feet. X16 gauge 15t1 diameter culverts - 300 lino feet #16 gauge 1811 diameter culverts 500 lino feet #14 gauge 24f1 diameter culverts 500 lino feet The bidders and bids were as follows; 300 ft. BIDDER 1211 16 Ga. Wheeling Corrugating $1.78 PO Box 390 Minneapolis, Minn. 300 ft. 500 ft. ;j.,, 16 Ga. 1811 16 Ga. $2.13 $2.48 500 ft. 24P1 14 Ga. $3.97 . / Bands for each 1.7.8 x.13 20 8 5096 Accompanied ;by a certified check in the amount of $250.00. 11. B. Johnston Culvert Co. $2.09 $2.50 $2.92 $4.67 4700 N. Mississippi. Drive Minneapolis 12, Minn. Bands for each 2.09 2.50 2.92 7.01 Accompanied by a certified check in the amount of $250.00. Viking Steel Prod., Inc. $2.09 $2.50 .$2.92 $4.67 Bands for each 2.09 2.50 2.92 7.01 Accompanied by a certified check in the amount of $250.00. 300 ft. 300 ft. 500 ft. BIDDER 1211 16 Ga. 15" 16 Ga. 18" 16 Ga. Duluth Culvert Co. $2.09 $2.50 $2.92 49th Ave. W. Superior St. Duluth, Minn. Bands for each 2.09 2.50 2.92 Accompanied by a certified check in the amount of $250.00. Armco Drainage & Metal Prod$2.09 $2.50 $2.92 Minneapolis, Minn. Bands for each 2.09 2.50 2.92 Accompanied by a certified check in the amount of $250.00. St. Paul Corrugating Co. $1.78 $2.12 $2.48 St. Paul 1, Minn. Bands for each 1.78 2.12 2.48 Accompanied by a certified check in the amount of $250.00. 500 ft . 24" 14 Gas $4.67 7.01 $4.67 $7.01 $3.97 5.96 Luebben moved that the bids be referred to the Village Engineer for tabulation and report. Hajicek seconded. Ayes - all Pursuant to the provisions of an advertisement for bids ordered by the Council on February 19, 1959 and set for 9000 P.M. on this date, Mayor Luebben declared the meeting in session for the purpose of opening bids for the following described. equipment: One new and unused self - propelled road material mixer and pulverizer in accordance with accompanying specifications. The one and only bid on the equipment was from the Borchert - Ingersoll, Inc.,2161 University Ave., St, Paul 17, Minn. Their bid price for a Seaman -Model GS7 o Pulvi ®mixer FOB Maplewood, Minn. was $10,819.00. It was accompanied by a certified check in the amount of $1,125.00° Fred Pierce and Mr. S.C. Meyers of Borchert - Ingersoll were present to explain the machine to the Council. Ljungren, Consulting Street Engineer, reported that the bid was presented according'to specifications. Berger moved that the bid of Borchert - Ingersoll, Inc. for $10,819.00 be accepted and the Consulting Street Engineer be.'authorized to proceed with the purchase of this equipment. Luebben seconded. Ayes m all Marvin Mahre, 907 Kennard Street, and Phillip Oswald,' 1654 E. County Road B, appeared to ask permission to build on a lot on the SW corner of Junction and, Prosperity Road. The Planning Commission's report was read. As a result of the joint Planning Commission and Council meeting on March 16, 1959 they recommended that the permission be denied to build a-residence in a light manufacturing area. After reviewing the situation and determining that one .residence is already on the property and the inadequacy of the remaining property for industrial. purposes, Luebben moved that Mr. Mahre be given a nonconforming permit for the N 151.6 feet of Lot 3, Block 7, Sabin Garden Lots, except the west 390.3 feet thereof and except the north 10.5 feet thereof taken for the widening of- Junction Ave. Schmid seconded. Ayes - all Hajicek moved, Berger seconded that the Civil Defense Director be authorized to proceed with the purchase and installation of a previously approved Civil Defense warning system and the necessary bell and light system. Ayes - all. O'Mara moved, Berger seconded that Bettenburg, Townsend, Stolte and Comb be paid $1,152.74 covering the cost of the materials and salaries for the preparation of ink tracings on cloth of 1/2 section maps for use in maintaining sewer records for the Village. After reviewing the proposed sanitary sewer construction program for 1959, O'Mara moved, Schmid seconded the adoption of the following resolution: 59 - 3 - 14 WHEREAS, it is proposed to improve the following described areas of the Village of Maplewood: 1. That area between Hudson Road on the north, Century Ave. on the east, Lower Afton Road on the south and McKnight Road extended on the west; 1 2. That area between Larpenteur Ave. on the north, Century Ave. on the east, Stillwater Road on the south and McKnight Road on the west,- excluding those portions already improved; 3. That area of the Village between County Road D on the north, the North St. Paul City Limits on the east, Viking Drive (Highway No. 36) on the south and the 'Northern Pacific Railroad right-of-way on the west; 40 That area between the Minneapolis-St. Paul and Sault Ste-Marie rail- road right-of-way on the north,, Arcade.Ste on the east, Larpenteur. Ave. on the south and the swamp area west of Parkway Drive; by sanitary sewer construction and to assess the benefit1ted property for a portion of the cost of this improvement., pursuant to Minnesota.Stats., Secs. 429°011 to 429.111 (Laws 1953, Ch-398; as amended), NOW,, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA,; That the proposed improvement be referred to Bettenburg, Townsend, Stolte and Comb for study and that they are instructed to report with all convenient speed advising the Council in a preliminary way 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 Londin, Building Inspector, reported that Lactorin Landscaping Co. proposes to build a concrete block building with a brick front at Highway 61 and County Road Luebben moved that the building inspector be authorized to issue a permit for the construction of the proposed building. Hajicek seconded. Ayes - all Londin reported he had received a request for a building permit for an addition on the house located at 1805 Arcade Street. There seemed to be a question concerning the side line set back as there is an existing driveway easement on the property. Luebben moved, O'Mara seconded that the building inspector be authorized to in- vestigate the situation with power to act. Ljungren, Consulting Street Engineer, reported on the proposed Northern States Power Co. Sub-station to be located on Minnesota Mining property. It will be used to serve Minnesota Mining property and the area to the north and east. The plan is to run the 115,000 KV line from the sub-station to the east,, Two towers will be located on Minnesota Mining property south of Conway. The line will then cross Conway and continue eastward on additional towers located on the island. separating Conway and the north service road. A 2nd line is to be run north on Carlton Street. Northern States Power has agreed to the proposed arrangement. The plan will require that Minnesota Mining provide an additional road easement ranging from 11 to 20 feet in order to accomodate the Conway Avenue right-of-way. Berger moved, Luebben seconded that Ljungren be authorized to contact Minnesota' Mining to obtain the necessary easements and the approval of the proposed plan. Ayes ® all Berger recommended that the Council advertip for bids for the completion of the road projects, deferred last year because of the sanitary sewer installation. Berger moved that the Consulting Street Engineer be authorized. to prepare an advertisement for bids to be opened at 8:30 P.M., April 16, 1959 for the construction of the following projects: Moritz Addition, Kroiss Addition, Minnehaha Highlands, DeMars 5th Add. and Kennard Street. Schmid seconded. I . Ayes - all Berger moved that the Consulting Street Engineer be authorized to prepare an advertisement for equipment rental bids for a rubber tired scraper, crawler and scraper, crawler and dozer, 13 wheel roller and tractor, 1 cue yd, crawler loader, 100 horsepower motor grader and water tank truck, the equipment to be made available on five days notice, and bids to be opened on the 16th of April at 9:00 P.M. Hajicek seconded. Ayes - all The matter of the Brower Park rezoning from Commercial to Residential was dis- cussed. Berger reported that he had discussed it with the owner of the Hardware Store. The Council is initiating action for the proposed rezoning with the hear- ing set for 8:00 P.M. on April 30, 1959 Luebben moved, Schmid seconded that the Maple Leaf Drive-In Theater license be approved. Ayes - all A petition for the vacation of-Kingston Street was read and found to be in order. Thee hearing was set for 8:00 P.M. on April 16, 1959• Schmid moved, Luebben seconded that the Ramsey County Municipal Officials Association dues in the amount of $25.00 be authorize.. Ayes - all The..:..other matters contained in the Planning Commission's report were discussed. ..The - Planning Commission recomNended approval of the plans of Don Kielsa and Henry Landucci to build a new food store and bowling alley on the NW corner of Frost Ave. and Clarence St, with the provision that adequate parking space is. provided, surfaced in an acceptable manner and with needed sidewalks provided. Ljungren, i Consulting Street Engineer, a4vsed the Council that the present building is below .the. street grade and the new building should be built on a higher level in order ..to provide proper drainage. This .information is to be passed along to the building inspector.. The proposed owneIr of the bowling alley is to be contacted and asked to submit a formal application before any''further action is taken. The next matter considered from the Planning Commissioner's report was to revise the minimum dimensions of homer in the building code to provide for 3 classes as follows': 1 story house - 1040 square feet, 11 story - 960 square feet and a 2 -story house - 720 square feet. O'Mara moved, Berger seconded that the Planning Commission's recommendations be acc®pted and that the following ordinance'be adopted: ORDINANCE N0, 74 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 AUTH0AIZED UNDER THE CODE HERETOFORE EXISTING AND REPEALING RESOLUTIONS, ORDINANCES O4 PARTS THEREOF INCONSISTENT HEREWITH" AS AMENDED BY ORDINANCE N0. 416 Ayes - Berger Q �Ifara Luebben Schmid Nayes- Hajicek Upon the recommendations of Trustee Berger, the following additional members were appointed by Mayor Luebben to the Village Recreation Committee: Ernest J. Faltersek, Byron Holm, LeRoy F. Peters, Mrs. W. J. DeLange, Harvey E. Webb, Lowell Hallas, Vincent Hallas and Donald Weigert. Meeting adjourned at 12 :45 A*M. Forrest R. Schmid Acting Village Clerk April. 2, 1959 The regular meeting of the Maplewood Village Council was called to order by Mayor Luebben. at 7:20 P.M. Other members of the Council. present wero: OgMara, Berger, Hajicek and Schinid.- Absent: None. Luebben moved, OlMara seconded that the minates be accepted as submitted. Ayes -. all Chief Robert Westbrook, along with sev-eral members of the Parkside Fire Department, appeared to request the emergency fund of $1500.00 which was. to be set aside in the 1959 budget for Park side Fire Department. They reported. the need for another piece of ecTaiprrient especially during 'this period of con- stant grass fires and proposed the piltrchase of a used jeep for this purpose, The Council aid not feel that they could give an answer on the request for this money at this meet,.in.g, but agreed to take the request under consideration. Neal McClellan, 1091'E. County Road "C", reported that the Health Department had left a notice that he would have to move his sanitary facilities to the front of hia property . His present system is in the back yard. It was pointed out to him that the State had tested the overflow running into Kohlman Lake and found it to be contaminated. It -will be necessary to correct the un- sanitary condition in whatever manner will best, suit his purposes. He was urged to consult with the Village Health Department. Jacqueline Nelson, 2418 E. Seventh St., Mr's. Grass, 834 Meyer St. and Mrs. Loescher, 814 Meyer St., appeared concerning the drainage problem in their area. The 'matter had been referred to Memmer, Village Atto ' rney, last fall to obtain an easement needed to correct this situation. They were advised that the owner of the property on which the easement was needed had been unwilling to grant the easement and had caused the delay. As Memmer was not present at, this time, the mat-ter was referred to Nelson, Village Engineer, to contact Memmer to determine what had been accomplished in this regard. They were promised. action on this matter as soon as possible. The matter of paying mileage for Henry Schroeder was discussed. It was re- ported. that the one sewer department vehicle was not always available and that on a few occasion it will- be necessary for him to use his own car for work. O'Mara moved that the present voucher be paid and authorization be given for mileage in the future on the presentation of properly prepared vouchers. Luebben seconded. Ayes ® all Moritz reported on the need for an incinerator at, Maplewood Foods for the proper disposition of their waste materials. The matter was referred to the Health Department for disposition. Londin, Building TjjSpeot,or, reported on the 60 foot lot at 51.5 Farrell, owned by Edward Kell. He stated that there is a. small.. building on the property which is to be removed if permission i's granted for 'building a new home. He recommended that approval be given for the new home to be built on the lot. There are homes on 'both side's and no additional property is available to bring the lot up to the miLnimulm. Berger moved, Luebben seconded that the inspector's recommendations be accepted. Ayes - all Londin also reported on the home on Edward Street that had been discussed last fall after a complaint had. come to the Council. At that time an agree- ment had been reached that the property would be put into presentable con. dition. Some work has been done on the place, however, another complaint had been received by Londin with regard to the appearance of the property. Additional work has been done since the latest complaint. He feels that it is in satisfactory condition and that they should be given additional time to complete the work. Pursuant to due call and posted. and published notice thereof, the hearing set for 8:00 P.M. on this date to consider the petition for the rezoning those portions of Lots 1 to 18 inclusive, Block 2, Meister's Highlands, Ramsey County, Minnesota, not already zoned Bu , siness and Commercial (this property is bounded by Larpenteur Ave. on the South, Van Dyke on the East, White Bear Ave. on the West and. North St. Paul Road on the North.) from R-1. Residence District, to BC, Business and Commercial, was declared open by Mayor Luebben. Several residents of the area were present and asked the Council if they had any idea of the type of development planned for the area. It was explained that there was not definite plan, however, it was the intent of the Council to make it possible for a large commercial development to move into the area. Mr. Meister, owner of part of the property involved, was present and explained that it was intended to establish a building line that would be considerably back from White Bear Ave. in answer to a question concerning the development of the area. All of the property owners present suggested that some action be taken to eliminate papers and trash that were blowing into the Village and onto their property from the City of St. Paul shopping center. Mayor Luebben agreed to contact St. Paul Officials to obtain correction of this problem. Mayor Luebben then asked if there were any objections to the proposed rezoning. Hearing none, O'Mara moved, Berger seconded the adoption of the following resolution: 59 - 4 - 15 WHEREAS, rezoning action was initiated by the Maplewood Village Council at their regular Council meeting held on February 5, 1959, as provided under Article XV, Ordinance No, 29, Village of Maplewood, for the property described as follows: Lots 1 to 18 inclusive, Block 2, Meister's Highlands, Ramsey County, Minnesota, not already zoned Business and Commercial (this property is bounded by Larpenteur Ave. on the South,-Van Dyke on the East, White Bear Ave. on the West and North St. Paul Road on the North) which has been proposed for rezoning from R-1, Residence District, to BC, Business and Commercial, and WHEREAS, a hearing was set for the 2nd day of April,-1959, 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 Subdivision B, Article 15, Ordinance No. 29, and Hl .59 a said heringwa. bteld on the date and at the place fixed in the W published and malled ncJ,1T,.(.,e,,.,!, and all objections and recommendations relative thereto werw hear-i-J by, the Village Council, and WHEREAS, it appears for the best interest of the public that said petition be granted, C T 701'LE 13E 'T TIFTE VILLAGE COUNCIL OF' MAPLLVOOD i`.4 9 HERL A. 0 TfF"' NNESOTA: q T11AT the petit.:'Lran f,,.,,r ot the above-described property be granted. Aye s - all 1565 Vikirig Drlv,�;.,, about the roads in Kroiss Addition Robert 01song whicl-i ha s)tated in YLA.,-s 1.,1.o- JJ_--n not followed the original plan and had U- for, bids will eliffiinate-d h.111.i..: 14 A, UA. L.11 wi thek reshaping be openved tliE Jk_)6,Oh f, at this work _11 lncl,�jzde of the 'boulevards so . will be back in ,the'Ir correct position. Donald Kampa, 2054 English, about a street situated, where the sewer trunk line crossed the area to the. ec,:u-0:, of English Street'. After discussing the matter, it -was determined that the,rewas no street in this location prior to the seurer construction but -that ail easement i-ad been obtained for the sewer constn.iction work. Mr. pampa, stated that the sewer contractor had left a deep hole and asked if the Village planned to fill. it. The matter was referred. to the Village Engineer for investigation. Lloyd Newman, 2155 English Street, asked for permission to put abasement' apartment in his building at 124,7'Frost Ave. It was pointed out that this is a policy matter wh1ch would affect riot only this one building but all commercial buildings in the Village and could riot be decided without some study. The matter was referred to the Planning Commission for investigation and report. Mr. Ne-�in.ari also discussed the connection provided for sanitary sewer installation in his horne, which he felt was of inadequate depth. Londin, Building Inspector, reported that it' is possible to make the connection but would require relaying the lines under 'the 'basement floor. Mr. Newman objected to the necessity for this added expense. It was pointed out that in many homes it had been necessary to complete similar work. The Clerk reported that, although the plans had been reviewed and approved for the service station at Stillwater Avenue and Highway 212, no official action had been taken 'in the minutes. 0QMara moved, Luebben seconded the approval of the plans for the servIce station on Stillwater Avenue and Highway No. 212. Ayes - all Luebben moved, Berger seconded that permission may be given by the Building Inspector for the construction of 3 car garages in residence districts in the Village of Maplewood where lie is assured that such garages will not be used for commercial or living purposes, Ayes - all The plans for the Dahlgren Produce Building, proposed to be built at the corner of Atlantic and Highway No. 36, were reviewed. Luebben moved that the plans be referred to.the Planning Commission and Consulting Sanitary Sewer Engineer. Schmid seconded. Ayes - all Donald Kampa also brought before the Council a problem involved in the installation of sanitary sewer in his home. It was found that he has clay tile under his basement floor. His house had been built before the present ordinance was adopted. It was decided that he should install cast iron and it was agreed that the Building Inspector would assist him in getting a satisfactory price. Schmid moved, Luebben seconded that the matter be referred to Trustee O'Mara and the Consulting Sanitary Sewer Engineer for a solution. Ayes - all Nelson, Village Engineer, reported on the culvert bids. Berger moved that the bid be awarded to the Wheeling Corrugating Co. Luebben seconded. Ayes - all Nelson then reported on the gravel bids. He reported that the bid of T. A. Schifsky and Sons was low. Luebben moved, Hajicek seconded that the bid be awarded to T. A. Schifsky & Sons. Ayes - all Nelson reported that the only bid received on the asphaltic material was from the Northwest Refining Co. He felt the price offered was satisfactory. Berger moved that the bid be awarded to the Northwest Refining Co. Schmid seconded. Ayes - all Nelson reported that the Ford Deep Rock Oil Co. was the only bidder on the gasoline. Berger moved that the bid be awarded to Ford Deep Rock Oil Co. Hajicek seconded.. Ayes - all Kishel, Consulting Sanitary Sewer Engineer, reviewed the proposal for the Sanitary Sewer program for 1959, Improvement No. 2. O'Mara moved, Luebben seconded the adoption of the following resolution: 59 - 4 - 16 WHEREAS, pursuant to resolution No. 59 - 3 - 14 of the Council adopted March 199 1959, a report has been prepared by Bettenburg, Townsend, Stolte and Comb, Village Sanitary Sewer Engineers with reference to the proposed improvement described as the construction of a Sanitary- Sewer System in the following described areas: 1. That area between Hudson Road on the north, Century Ave. on the east, Lower Afton Road on the south and McKnight Road extended on the west-, Estimated cost ®o $270,000 2. That area between Larpenteur Ave. on the north, Century Ave. on the east, Stillwater Road on the south and McKnight Road on the west, excluding those portions already improved; Estimated cost -- $1709000 3. That area of the Village between County Road D on the north, the North St. Paul City Limits on the east, Viking Drive (Highway No. 36) on the south and the Northern Pacific Railroad'' right-of-way on the west; Estimated cost __ $2509000 4. That area between the Minneapolis-St. Paul and Sault Ste-Marie. railroad right-of-way on the north, Arcade Sts on the east, Larpenteur Ave. on the south and the swamp area west of Parkway Drive; Estimated cost $ 17,000 and this report was received by the Council on'March 19, 19599 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvement described as the Sanitary Sewer program for 1959, Improvement No. 2, which is to be constructed- in the above described areas of the Village of Maplewood in accordance with the report of Bettenburg, Townsend, Stolte and Comb and the assessment of every assessable lot, piece or parcel of land within the corporate limits of the municipality whether abutting or not based upon -the benefits received without regard to cash valuation. The Council is'' acting pursuant to Minn. Stats., Secs. 429.011 to 429.111 (Laws 1953, Ch. 398 as amended). 2. Public hearinu� shall be held on such proposed improvement des- cribed as the Sanitary Sewer program for 1959, Improvement No. 2, which is to be constructed in the above described areas of the Village of Maplewood at 8:00 o'clock P.M. on the following dates at the following locations -within the Village: Monday, April 20, 1959, Hazelwood School, 2696 Hazelwood Ave. Tuesday, April 21, 1959, Carver School, 2680 Upper Afton Road. The Clerk is hereby instructed to give public notice of such hearings and improvement as required by law so such persons as may desire to be heard may be heard at these meetings. Ayes - all A letter from Whirlpool Corporation with regard to the dirt piles at the NE and NW corners of the Northern Pacific property occupied by the Whirlpool warehouse, apparently left by sewer or road contractors. They asked, because of the access that these dirt mounds provide to the property, that they be re- moved.. The matter was referred to the Village Engineer.and the Sanitary Sewer Engineer to determine whether or not this is a sewer contractor or a road contractors liability. The second letter from Whirlpool was read with regard to a proposed water main extension to the Gloster warehouse along the west side of English Street from the intersection of Larpenteur to Frost Ave. They pointed out that per- mission had not been,granted by St. Paul but they were preparing the request and were advi-sing the Village in order to avoid any possible complication due to planned road work. Kishel, Sanitary Sewer Engineer, explained that he had discussed this matter with the engineers for the Whirlpool Corporation. He learned that the line was proposed to be put in 10 feet from the center line, approximately 10 feet deep although the normal distance is 12 feet. He pointed out that it would be necessary for the Village to also put a water line in this street. The Council agreed that any such utility in Village streets should be under the control of the Village unless a common line could be installed. It was suggested that the Consulting Sanitary Sewer Engineer prepare a letter incorporating his recommendations and these are in turn to be communicated to the Whirlpool Corporation. The Board of County Commissioner's resolution concurring with the Sanitary Sewer Plans for the City-County Workhouse area to be installed in the Village was read. 6 A petition was read requesting the improvement of Mary Street between the N line of Minnehaha and the-S line of Bartelmy Lane by Asphalt Curbing. Because the Council anticipated the receipt of petitions for the other streets in Minnehaha Highlands and the Consulting Street Engineer's recommended that the entire project be curbed, it was agreed to include the entire Addition. Berger moved, Luebbeh seconded the adoption of the following resolution: 59 - 4 - 17 WHEREAS, it is proposed to improve: Bartelmy Lane from Minnehaha Ave. to E. Seventh St. Mary Street from Minnehaha Ave. to Bartelmy Lane E. Seventh St. from West lane of Minnehaha Highlands Add. to Sterling Ave. Sterling Ave. from Mary Street to E. Seventh St. Meyers St. from Bush Ave. to E. Seventh St. Bush Ave. from West line of,Minnehaha Highlands Add. to Bartelmy Lane by plant-mixed, machine laid bituminous curbing, 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 429.111 (Laws 1953, Ch. 398, as amended), NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINN: THAT the proposed improvement be referred to Milner W. Carley and Associates for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Ayes - all Ljungren, representing Milner W. Carley and Associates, Consulting Street Engineer, reported that he had visited the site of the above proposed improve- ment, knowing that the matter would come before the Council, and made the following recommendations: 1. That the proposed improvement is feasible 2. The preliminary estimate of cost is $10,047.69 3. That this improvement be--made a part of Village Project No. M 05 E-BIT-858 and included in Street Improvement No. 59-1. 4. That curbing also be installed on the north side of E Seventh St. and the east side of Sterling Ave. along the Union Cemetery property. After some further discussion of the Engineer's report, Berger moved the adoption of the following resolution: 59 - 4 - 18 WHEREAS, pursuant to resolution No. 59 - 4 - 17 of the Council adopted April 2, 1.959, a report has been prepared by Milner W. Carley and Associates with reference to the improvement of: Bartelmy Lane from Minnehaha Ave. to E. Seventh St. Mary Street from Minnehaha Ave. to Bartelmy Lane E. Seventh St. from West line of Minnehaha Highlands Add. to Sterling Ave. Sterling Ave. from Mary Street to E. Seventh St. Meyers St. from Bush Ave. to E. Seventh St. Bush Ave. from West line of Minnehaha Highlands Add. to Bartelmy Lane by plant-mixed, machine laid bituminous curbing, and this report was received by the Council on April 2, 1959, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider the improvement of such streets in-accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minn..,Stats., Secs. 429.011 to 429.111 (Laws 1953, Ch. 398, as amended) at an estimated total cost of the improvement of $10,047.69. 2. A public hearing shall be held on such proposed, improvement on the 30th day of April, 1959 in the Council Chambers of the Village Hall at 7:30 P.M. and the Clerk shall give published notice of such hearing and, .improvement as required by law. Schmid. seconded. Ayes - all The request for a black dirt excavation permit of Fred Gerten, 2410 Maplewood Drive, was read. It stated that not over 2 feet of dirt will be removed and that the excavation will not change the contour of the land. Ljungren, Consulting Street Engineer, reported that he had checked the site of the proposed excavation and recommended approval of the permit-as it would not damage the property, nor create any nuisance in the area. Berger moved, Luebben seconded the granting of the permit for the black dirt excavation. Ayes - all Mayor Luebben reported on a preliminary draft of a tree ordinance. After discussing several points, it was referred to the Mayor and the Village' Attorney VI_ for final drafting. ADO, A The possible rezoning of Block 1, Meister's Highlands was discussed. It was decided to initiate the rezoning of the triangle, located between White Bear Ave. on the west, North St. Paul road on the southeast and Ripley Ave. on the north, with the hearing to be held on May 7, 1959 at 8:00 P.M. The matter of the destruction of the vacated building on the corner of Rice Street and Larpenteur Ave. was discussed. The fire department had been denied permission by the State Fire Marshall to burn the building. Memmer, Village Attorney, was asked to contact the Standard Oil Company and ask them to remove it immediately. A letter is to be written to Walter Richardson thanking him for his cooperation with the Maplewood Civil Defense Organization in permitting the practice evacuation of Gladstone School children. A letter was read from the Chief of Police of St. Paul in which he thanked the Council for its assistance in gaining the approval of the target range, and promising their complete cooperation in maintaining a safe-and restricted operation. A letter was read from the Sheriff's office notifying the Village that changes were being made in their telephone system and that it would now be possible to have a direct line to the dispatcher. He suggested if the Village is in- terested that a contact be made to the telephone business office immediately. The letter was referred to Trustee Hajicek. Schmid moved, Luebben seconded that James R. Pietila be appointed Maplewood Village Clerk effective May 1, 1959 at $475-00 per month. Ayes - all An application for 3.2 on-sale, non-intoxicating malt liquor license for a proposed bowling alley, Maplewood Lanes# Inc., was read. The location of the proposed bowling alley is Block 7, Gladstone Add, Frost Avenue and Clarence St. The hearing was set for April 16, 1959 at 7:30 P.M. Luebben moved that permission be granted to the City of Hope to conduct a door to door lukemia drive on June 17th and 18th in Maplewood. O'Mara seconded. Ayes ® all A petition was received for the rezoning of the N 166 feet of the S 515.5 feet of the SW 1/4 of Sec. 15, T 29, R 22 except part taken for English Street and lying W of the Northern Pacific Railway right-of-way from Farm Residential to R-2, Residence District,(Double Dwelling). It was accompanied by an abstractor's certificate and the necessary fee. The petition was referred to the Planning Commission for investigation and report. Meeting adjourned at 12:45 A.M. Forrest R. Schmid Acting Village Clerk --- --------- April 16, 1959 The- : meetinx of the °:Maplewood 'Village Council ,-was called to .order at 7 :10 P.M.'by Mayor Luebben. Other members Qf the Council present were Berger, O'Mar_a; Hajieek and Schmid; Absent:) None. Because the minutes had not reached the Council members early enough for review, action on the minutes was laid over to the next regular meeting. W. G. Graham, 1925 Castle Ave., appeared with regard to a commercial lot on the NE corner of White Bear Ave. and Highway No. 36. which adjoins his property. He stated that additional portions of the commercial lot are being taken for highway purposes and he felt that there would be an inadequate amount of space left for commercial purposes. Mr. Graham was advised to petition for the rem zoning of that property. It was also explained that the property could not be used tammercally. without permission from the Council. Under the regulations of the Zoning Ordinance, it would be necessary to secure approval of the building, the proposed use and show evidence of the provision of adequate parking facilities. Mr. Lloyd E. Miller, 1951 E. County Road B. presented a petition to lower the speed limit on County Road B, between White Bear Ave. and German Street. The petitioners requested that the present speed limit of 40 miles per hour be reduced temporarily to 25 miles per hour until the street has been reconstructed. The street is in rough conditign because of the installation of sanitary sewer. .They._also.requested that the eventual-maximum speed limit be set at 30 miles ..per,hour as a safety measure necessary because the area has become rather 4ensely.populated., 0°-Mara moved, Berger seconded the adoption of the following resolution: 59 -4 -19 RESOLVED, That the Maplewood Village Council having received and reviewed a petition from residents abutting County Road "B" requesting the reduction of the present 40 mile per hour speed limit to a uniform 30 miles per hour along that road in view of the now residential character of abutting property,' concurs in the request and recommends that the Board of Ramsey County Commissioners forward the request to the Minnesota Department of Highways for a uniform 30 mile per hour speed limit on County Road "B" from.the North St. Paul Village limits west to Highway No. 61. Ayes - all Vernon Christiansen, Village Electrical Inspector, reported a proposed State Law, making a number of changes in the present electrical laws, is now being reviewed by the,State Legislature. He felt.the proposed changes would be detrimental. He was asked to secure a copy of the bill and the Village Attorney would review it to determine what it actually covers.so'the Council may determine what action to take. 'It was announced that the hearing set for 7:30 F.M. on this date to consider the issuance of an on -sale, 3.2 non - intoxicating malt liquor license for the pro•. posed bowling alley on the NW corner of Frost and Clarence had been cancelled because of the withdrawal of the application for that license. Frank Pepin, 865 Century Ave., asked permission to build a garage on his empty lot next to the property, on which his home is located, which is to be used for a,- . tool storage and hobby shop. The Building Inspector reported that it had been the policy of the Council not to permit a building to be erected on property where there is no dwelling. Mr. Pepin assured the Council that the building would not'be used for commercial purposes and that the plans were to build a . dwelling in the future on this property. O'Mara moved, Luebben seconded that the permit be granted. 1 Ayes ® all . Mrs..:,.Norman Larson, 2108,Barclayt representing the Glad Garden Club, appeared in regard .to the property in the SW corner of Barclay and Eldridge. They proposed , that this property be used for a recreation area. It was explained that if the property is a nuisance, it may be possible to have the situation corrected by enforcement of the nuisance ordinance.' It was'also explained that if it was to be used for recreation, it would have to wait until some time in the future when funds are available for the purchase of the property, J. D. Brown, 1232 Lark Ave., presented a petition in behalf of a group of approximately 60 residents on which they objected to the proposed construction of the Dahlgren Produce Co. The Planning Commission's report.was read which pointed�.out that a group 'of citizens in opposition to the construction of the Produce Co. had been present at the Planning Commission's ' meeting. The Planning commission proposed that certain questions be answered in order to determine the exact nature'of th6 operations to be carried out at this location. They also asked if eviscerating operations are planned, how would the waste from this operation be handled and would trucks be permitted to operate year around on Atlantic. The Planning Commission did not feel that they could make.a recommendation in view of these unknown factors. They did feel, however, that if the operation is found acceptable when the questions have been re- solved, it would be a start toward the industrialization of this area. O'Mara moved that the application be denied on the basis that the type of operation ..pro , posed, meatprocessing, would require a special use permit in any zone classification in the Village and it was not the intent of the Council to permit such special use. Berger seconded. Ayes - all Pursuant to .due call and published and posted notice thereof, the hearing set for' 1 8:00 P.M. on this date to consider the vacation of Kingston Street,''between Jessie Street and Edgerton Street, was declared open by Mayor Luebben., Mr. Borowske, 1737 Edgerton Street, owner of lots 1, 2, 29 and 30, except the Paul northerly 25 feet of lot 1, Block 8, Kings Addition to the City of St. Paul including any portion 'of any street or alley adjacent thereto,_ Vacated or to be vacated appeared to object to the vacation on the grounds that he uses the street easement as access to his garage. The petitioners for the vacation of the street explained that one of their reasons for requesting the vacation was to enable them to correct the drainage situation in that area. M.emmer, Village Attorney, advised that it was questionable whether the Council.had the. legal right to vacate this street in view of its use for access, even though it had not been maintained as a Village street. O'Mara moved that the petition be denied. Berger seconded. Ayes - all The Village Engineer and Consulting Street Engineer were instructed to check this property to try to determine a solution to the drainage problem. John Klune, 1417 Arcade., requested the completion of Bittersweet Lane. Berger moved,.O'Mara seconded that the request be referred to the Consulting-Street Engineer and Village Attorney. Ayes ,- all Miss Ruth Swenson, 888 Simms, appeared with regard to her property on Adele and Fenton. Ljungren, Consulting Street Engineer, reported that he had previously reported the preliminary proposal for the construction of Adele and Fenton. The property owners at that time had decided that the cost would be too great. .Since that time the sanitary sewer has been installed in the street and she felt that this action may have changed the requirements. She was advised to consult with Mr. Ljungren to get assistance with the problem. It was pointed out to her that nothing had changed since the time of the engineer's report. Pursuant to the provisions of an advertisement for bids ordered by the Council on March 19, 1959 and set for 8:30 P:M. on this date, Mayor Luebben declared the meeting in session for the purpose of opening bids for Street Improvement No. 59-1. The bidders and bids are as follows: BIB BID ACCOMPANIED BY .Ray Sina Contracting Co. $ 57,032.34 Proposal bond in the 403 8th Ave. NW amount of 10% of bid New Brighton 12# Minn. P. 0. Pederson, Inc. 72,263.00 Bid bond in the amount °North Branch, Minn. of 10% of bid J. V. Gleason Co. 589166972 Bid bond in the amount St. Louis Park, Minn.. of 10% of the bid J. W. Craig Co. 659906,97 Bid bond in the amount 1814 California St. NE of 10% of the bid Minneapolis 18,. Minn. Alexander Construction Co. 66,866.65 Bid bond in the amount 4641 Hiawatha Ave. of 10% of the bid Minneapolis 6, Minn. T. A. Schifsky &Sons 62033.74 Bid bond in the amount 391-W- County Road E of $7,000.00 St. Paul 12, Minn. Luebben moved, Berger seconded that the bids be referred to the Engineer for tabulation and report. Ayes - all Donald Kampa, 2054 English Street, stated that there is an old building which is vacant and is left unlocked and is a hazard in the neighborhood. He asked what could be done to correct this hazard. Luebben moved that the building inspector be instructed to investigate with power to act. Berger seconded. Ayes -, all Mrs. Nelsan:, .2 3:8. E.:.Seventh, Mrs.. Donald .Lundelen., .821..Bart.elmy Lane, Mrs. Grass, 83 Meyer,_and..Mrso.Loescher, 814 Meyer, asked about an easement which they had been asked to sign for drainage purposes. Memmer, Village Attorney, reported that this is -a permanent easement for the purpose of maintaining or repairing the drainage system and catch basins..which is to be constructed in order to correct the drainage problem at the rear of their lots. They were assured that any damage to their property would be corrected and that the Village Engineer would advise them on the proper grade level to be used. Pursuant to the provisions of an advertisement for bids ordered by the Council on March 199 1959 and set for 9000 P.M. on this date, Mayor Luebben declared the meeting in session for the purpose of opening bids for Equipment Rental. The bidders wore as follows: *,GILLESPIE HARTMAN GULLIFORD SCHIFSKY 100 HP Motor Grader .$'9.00 ph �'9.00 ph No bid $10.00 ph Crawler Tractor with Dozer 15,50 ph 15.00 ph $19.00 ph No bid Tractor Drawn Scraper with Tractor 17.50 ph 15.00 ph 19.00 ph No bid Rubber tired motor scraper 17050 ph 16.00 ph No'bid No bid Neumatic tired roller 4 Tow Tractor 7.00 ph 9.00 ph No bid 8,00 ph Pressure type truck mounted Water Distributor 6.50 ph 7.00 ph No bid 9.75 ph Crawler mounted shovel loader 11.00 ph 12.00 ph No bid 10.00 ph *A competent equipment and grade foreman will be furnished for $3.60 ph straight time. All bids were accompanied by a certified check or cash in the amount of $250.00. Berger moved that the bids be referred to the engineer for tabulation and report. Luebben seconded. Ayes - all Andrew.Shuster and Bill Tyson, representing H. and Val J. Rothschilds, appeared with regard to the Smith and Taylor's Addition. They requested permission to continue building in that addition under the old ordinance with regard to,house sizes„ They stated that FHA approval had been received on the basis of the old ordinance. After some-discussion of the possible consequenses of such action, the request was denied. Mrs. Peterson, Deputy Health Officer, reported that, as a result of the raising - of...ra,bbits, chickens, goats, ducks and other types of livestock, the rat problem in'the Village is increasing. Memmer, Village Attorney, suggested that the Council adopt a policy and publicize the fact that the violators will be prosecuted. A discussion followed as to whether St., Paul residents should be allowed to dump in the Forest Lawn Cemetery Dump. It was decided that this was a decision of.the Cemetery Manager because the Village does not have control over it. Memmer, Village Attorney, reported that he has several preliminary drafts of ordinances prepared. Included were the proposed solicitors and village employee ordinances. Copies--were distributed to the Council for consideration. Londin, Building Inspector, reported the request for a garage on Cope Street on property already containing a house but which is zoned Light Manufacturing, The Council granted permission. An- appli.cation.by the Northwestern Bell Telephone Co. to place buried cable on Phaler ::.P. Ac.e_ .fr..om_ Edward Ave. to 130 feet northwest of Edward Ave. and on Ripley Street 143 feet west of English Street. O'Mara moved that the application be referred to the consulting sanitary Sewer engineer. Berger seconded. Ayes - all Hajicek reported that he had discussed the request of the Parkside Fire Department for additional equipment with the members of that department. He feels that'he has made arrangements with them to set up a long range equipment need,program, rather than the proposal they advanced to buy additional sub - standard equipment at this time. A copy of a letter received by Mayor Luebben, addressed originally to Adrian P. Winkle, Commissioner of Public Works, by Harry S. Bronson, County Engineer, requested,McKnight'Road between Highway,12 and Minnehaha Street, which is being maintained in part by the County'and part by the City, be entirely maintained by the County. Berger felt that this should be extended to include the entire area to Stillwater Avenue, This extention is to be discussed with Bronson. Hajieek reported on the curfew ordinance proposed by the Ramsey County Municipal Officials Association committee. The ordinance has been simplified and is broad in its provisions in order to permit the municipalities to add any details they wish while still retaining uniformity on the' ages and hours for effective enforcement. The Council agreed to back the proposal. The petition of Harold: Hansen requesting the rezoning of the N 166 feet of the S 515°5 feet of the SW 1/4 of Sec. 15, Twp. 29, Rge 22, except part taken for English Street and lying W of the NP Railway right -of -way from Farm Residential to R -2 for'the erection o. 2 duplexes was discussed. The Planning Commission suggested that the property owners adjacent to this property be contacted and that the area be checked for adequacy. They also asked if this constituted spot zoning. They felt that if the questions were answered satisfactorily, they would-recommend the change in the zoning. Mayor Luebben set the hearing for 8.30 P.M. on May 7, 1959. An attempt to schedule a meeting with the adjacent municipalities to discuss district planning as proposed by the Metropolitan Planning Commission is to be made. The meeting was tentatively set for Wednesday, May 13, 1959. The Acting �lerk is to make arrangements for the exact location and prepare the invitations. The Council is to be provided with copies of the sign ordinance,prepared and discussed by the Planning Commission, for study and discussion at a future meeting. A letter from Frank J. Witt requested that the Council proceed with the improve- ment of Kohlman Lane and Beam Ave. Berger moved, Luebben seconded the adoption of the following resolution: 59 -4 -20 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A certain petition requesting the improvement of Kohlman Lane from the East line of Keller Parkway to the North line. of the SW 1/4 of Section 4- 29 -22, and Beam Ave. from Kohlman Lane approximately 500 feet East by grading, gravel base and drainage construction filed with the Council on January, 29, 1959, is hereby cbclared to of owners of property affected thereby. to Minn. Stats., Sec.. 429.035 be signed by the required percentage This declaration is made in conformity 2:, The. petition is 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 some other improvement and the estimated cost of the improvement as recommended. Ayes ® all Berger moved, Luebben seconded the adoption of the following resolution: 59 - 4 - 21 WHEREAS, pursuant to resolution No. 59 - 4 - 20,adopted April 16, 1959, a report has-be6n prepared by Milner W. Carley and Associates with reference to the improvement of Kohlman Lane from the East line of Keller Parkway to the North line of the SW 1/4 of Section 4-'29-22'. and Beam Ave. from Kohlman Lane approxi- mately 500 feet East by grading, gravel base and drainage construction, and this report was received by the Council on April 16, 1959, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The Council will consider sider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minn. Stats., Secs. 429.011 to 429.111 (Laws 1953, Ch. 398, as amended) at an estimated total cost of the improvement of $20,850-00- 2. A public hearing shall be held on such proposed improvement on the 7th day* of May, 1959 in the Council Chambers of the Village Hall at 9:00P.M., and the Clerk shall give published notice of such hearing and improvement as:,,required by law, Ayes - all After presenting a copy of the law proposing changes in the State Electrical Board, and'Electrical'Inspection requirements, Christiansen, Village Electrical Inspector, requested assistance at the State Legislature in eliminating the,objectionable features. The Council instructed Memmer, Village Attorney.,to aid Mr. Christiansen. Meeting adjourned at 1:15 A.M. Forrest R.-Schmid Acting Village Clerk ....April 21, 1959 These •are- the minutes of an adjourned special meeting of the Maplewood Village Council .called for the purpose of conducting a hearing, pursuant to published .and,.posted..notice thereof, on the proposed improvement of the following described areas of the Village of Maplewood by the construction of a sanitary sewer Aystem•: AREA ESTIMATED COST (1) That...area between Hudson Road on the north,.Century $ 2709000.00 'Ave. on the east, Lower Afton Road on the south and McKnight Road extended on the west; (2).That:.area between Larpenteur Ave. on the north, :$ 170000.00 Century -Ave. on the east, Stillwater Road on the south and McKnight Road on the webt, excluding those portions already improved; (3) That area of the Village between County Road D on $ 250000.00 the north, the North St. Paul City Limits on the.east, ` Viking Drive'(Highway No. 36) on the south and the Northern Pacific Railroad righteof- way.,on the west; (4) Thatarea ==.between the Minneapolis -St. Paul and Sault $ 17000.00 Ste- ;Xarie railroad right-of-way on the north, Arcade $t. on the east, Larpenteur Ave.'on the south and the swamp area west of Parkway..DriveA whilch was opened at the Hazelwood School., 2696 Hazelwood Avenue;:..at 8:10 P.M., Monday, April 20, 1959 by %yor' Luebben and recessed to MO P.M., Tuesday,, April 21, 1959 at the Carver School, 2680 Upper Afton Road, Members of the Council: :.present at both of the two (2) separate sessions which comprised the hearng—were Mayor.Luebben., Trustee's O'Mara, Berger and Acting Clerk Schmid. .T* stee.,,.Hajicgk� was present on April 20, 1959 acid absent on April 21 9 19590 Mayor Luebben opened the hearing on April 20,,1959;with an explanation of.the purpose for calling the hearing, stating that.the Council and its te.chni cal advisors would first.,-:present all the preliminary information and.then.:the meeting would be opened to questions and . objections -.to,the improvements ', Mayor'•Luebben declared the hearing open at 8:10 P.M. and introduced the m®mberse:of the Council, the Consulting. Sewer Engineer and the representative of the Village Fiscal Agents.. He also introduced Village Engineer Earl Neison',-:And the:: newly appointed Clerk; James Pietila. He Cheri calaed on .. Trustee O'Mara, who he explained was the Council member in charge of public utilities, O'Mara briefly outline the sanitary sewer construction cgmpleted in the past year and reviie4ed the general na,ture,of the improvement proposed and the areas to be covered 'as shown on four area maps of the Village, each covering one of the four proposed projects within the overall improvement... Cara then introduced Edward Kishel, representative of'the firm of Bettenburg, Townsend, Stolte and Comb, Consulting Sanitary Sewer Engineers for the Village. W. Kishel presented construction details and other pertinent information. He stated the estimated cost of this improvement, entitled Sanitary Sewer Improve - meat No. 2, based on a preliminary engineering survey, to be as follows: Project No. 1 (Battle Creek) 149.500 .Workhouse 589900 Project No. 2 (Beaver make) 1599000 Project No. 3 (Hazelwood) 2399550 Project No. 4 ( Parkway Drive) 149400, The . estimated number - of assessable front feet was reported to be 75,200 feet, making a front foot cost of approximately $6.00. The estimated footage for the service connections was .given as 209000 feet at a cost of $509000.009 assuming a per foot cost of $2.50. He explained that on three of the project maps, the Hazelwood area, the Beaver Lake area and the Battle Creek area, the work proposed for 1959 was phown in red and work feasible in future years was shown in green. In a few instances the areas shown in green could be under- taken in 1959 but the Council did not feel that there are currently enough residences available on those lines to make it practical to order construction. It was suggested that persons in such areas who desired the service.could petition the Council for its inclusion in the 1959 project. Mr. Kishel explained that the Beaver Lake Project had been planned to serve not only residences of the area but also the heavy manufacturing area located along the Omaha Railroad right -of-way. In the Battle Creek area he explained the Village was committed to providing service to the new City - County Workhouse with the major portion of the cost to be paid for by the governing commission. The Village is to share in the cost to the extent that future connections can be made to the line to serve adjacent residential areas. Mr. Kishel then offered to answer any general questions during the question and answer period and questions pertaining to individual residents following the hearing. Trustee O'Mara explained that under Improvement No. 1, completed in 1958, it had not been the intent of the Council to include any road reconstruction funds. After last year's experience the Council agreed that this improvement would include such funds. .He then introduced Trustee Berger for an explanation of the road reconstruction plans. Trustee Berger explained that it was estimated that-.a sum of $110,0Q0 would be needed t.o reconstruct County and Village roads. This sum is included in the 1959 improvement financial estimate. He also explained the procedure following in reconstructing roads and warned that, of necessity, there would be periods of inconvenience to affected residents.. O'Mara then introduced Warren Preeschl, representative of Juran and Moody, fiscal agents for the Village. Mr. Preeschl pointed out that there are three general costs involved, the direct assessment. for the benefited properties, the general mill levy -to -'absorb the cost of the larger lines and the service charge or sewer rental. He then explained the items shown on a "Financing Report Based on Preliminary Estimates" which had been distributed to the persons present. On that report the total estimated coat was shown as $781,350 which included $731,350 for sewer construction and road work and $.509000 for service connections. The sewer construction and road work would be financed over a 20 year period by a direct assessment and a general mill levy while the service connections would be assessed 100 %, also over a 20 year period. The average annual mill levy was estimated to be 1i mills. He also reviewed a cost analysis shown on the report for a $12,000 home on a ?5 foot lot. The total 'assessment for such a connection was estimated at $525409 including the service connection. Added to the average annual assessment installment of $12.10 was a tax increase of $1.65 annually and sewer rental charges of Twenty -six and no /100 ( $26.00) for a., total annual cost financial.. condition for of $69.75. He reported the Village to be in sound financing such a project. Trustee O'Mara then explained the sewer rental charge. Of the $26.00 charge $16.00 is paid to St. Paul and $10.00 is retained by the Village for maintenance purposes. Mayor Luebben then opened the meeting to questions. James Daniel Smith, 3000 Hazelwood, asked if it was proposed to go beyond the Hazelwood School. It was explained that it was not. It is questionable whether the school can be connected. The area north of the school would be included in some future project. John E. O'Brien, 2759 Hazelwood, asked if the project had been started by petition. It was explained that some areas had petitioned for service and others were included because of known need. The Council had initiated the entire improvement under present state statutes. Mrs. Victor Stone, 2727 Hazelwood, stated that they have 200 feet frontage and they do not want sewer. Carl Boehmer, 1825 Radatz, asked why the value of the home enters into it. It was pointed out that assessed valuation enters only in the general mill levy, which is a negligible part of the overall costs, $1.65-is the example given earlier. Donald Miller, 2592 Flandrau, asked if he took up a petition that they did not want it if it would be constructed on their street anyway. It was pointed out that this depended on whether it would deprive others who wanted sewer from having it. In cases where lines can be eliminated without affecting the over. all.project it would be done. Other questions were asked by H. W. Peterson, 1940 Castle Ave., Nicholas Tedesco, 1859 Arcade Street, Jean White, Mrs. Gresback, 2618 Southlawn Drive, Robert Lockin, Chris Hanson, 2657 E. Geranium and Donald Conklin, 213 O'Day. After answering the questions Mayor'Luebben asked for the names and addresses of those opposing "the proposed improvement: The Mayor first asked who was opposed to the Parkway Drive installation. About 6 or 7 appeared in favor of the construction of the Parkside ' area, but no one present indicated any objections to that project. Tom Astrup, 1505 E. County Road C, L. J. McShane, 1451 E. County Road C, A. W. Himes, 2586 Flandrau, John Esquivel, 2525 Flandrau, John McPhee, 2545 Flandrau, Harold Richter, 2598 Flandrau, Lewis Clark, 2604 Flandrau, Donald Miller, 2592 Flandrau, Gerald Firkus, 2601 Flandrau, Kay Kaufman, 2574 Flandrau, _.E. Bryant, 2567 Bittersweet, Mrs. Victor Stone, 2727 Hazelwood, John O'Brian, 2759 Hazelwood, Robert Borglund, 1559 E. County Road C,, Mrs.' P. Olson, 1477 E County Road C, Mrs. Hilden, 2607 Flandrau and Lewis Hickel, 2767 Hazelwood, all indicated their objection to the Hazelwood project. Approximately 29 who favored the sewer construction in the Hazelwood area indicated this approval on a show of hands. Chris Hanson, 2657 E. Geranium, and Mr. Bauer, 2683 E. Geranium objected to the Beaver Lake Area. Al Frym, 200 Crestview Drive, Don Conklin, 213 O'Day and Will Hursh, 219 O'Day .ob:jected.to the construction in -the Battle Creek area. Bru.ce...Fisher. asked on what date the area in green would get sewer. It was ®xglained that it would depend on when there is sufficient deman& for the service to 'makeit' economically feasible. Mayor Luebbin then recessed the meeting at 9:55 P.M. to the Carver Lake School at 8:00 P.M.,on Tuesday, April 21, 1959• At 8:10 P.M. on Tuesday, April 21, 1959, the hearing on the proposed improvement of the- previously - described areas of the Village of Maplewood by the construction of a sanitary sewer system was declared re- opened at'the,Carver School'by'' Mayor Luebben,. Before turning the meeting over to the discussion on the' aanitary sewer construction he introduced the members of-the Council present,. the technical advisors and the Village Engineer and appointed Village Clerk. He then introduced Trustee O'Mara who again outlined the general nature of the improvement. Trustee O'Mara introduced Edward Kishel who presented the same information is was given at the earlier - meeting, however, concentrating on the Battle Creek and Beaver Lake projects. He'again offered to answer any questions that might arise.; Trustee Berger was then called upon to cover the proposed road reconstruction Plans following the installation of the sanitary sewers& the fact sheets were then distributed 'and Mr. Preesohl presented a summary of the proposed financing of the l'ioviment. After Trustee O'Mara concluded the formal presentation by explaining the setter rerital charges, Mayor Luebben opened the meeting to questions. Einer Sovad, 2552 Brookview Drive, asked about building one of the lines through Battle Creek rather than going a shorter route. It eras explained that even thaugh the line was longer the depth necessary on the shorter route would more than offset the cost of added length. Mr,. Sovad also asked about the cost to owners of acrd lots. He'was told they would have to pay the full assessment.' Joe GPriemann, 185 Brookview Drive,, asked if the Highway,Department had settled where -they were going to run''the highway. He was told that the Council did not know.but that the Highway Department is aware of the sewer plans,. If the Highway Department decides to use the alternate route after the improvement is' in, the construction of the Highway would have to include this, added cost,. Alan Porter, 2530 Brookview Drive, asked if ,the line runs at the back of the house sand at the front if you pair for both. It was explained that you pay only for actual frontage. Mr. Sovad asked if this was only sanitary sewer or if it included storm sewer. It was explained that this is purely a sanitary sewer project that is being undertaken. When it was learned that Mr. Sovad was concerned about a storm sewer problem'on his property, he was informed this would be taken into consideration in determining his assessment; Sovad asked about what damage would be done -' o the creek and the surrounding area. Mr; Kishel explained that there would be some damage done, however, that it would be left in suitable condition. He also offered to meet with the people who were concerned with.Battle Creek itailf and-to work out an acceptable routing. t 4 T ec ,4ZU 1.:, k:l Iand.. Road, .asked_ when he could expect sanitary sewer in 'ea. 3 asw. p .gat ted- .: h i ;t�he.:C#y .of .Bt., . ? — ,would -lave to construct onti kely: sevarate line . to the Village limits before he could be served. _._ :tepid : ervilg :12640O.: Brookview Drive, asked about the cost of the in Qri pr ivate_property..(He was told that this was a private matter between the installers and home owners and depended entirely on the type of work. required for: a. hodk - po A representative of the Marvin H. Anderson Construction Co. explained that they are planning:95 homes adjacent to Upper Afton Road and would like very much to have the project constructed this summer., Mayor Luebben then asked those who objected to any of the projects to state their rya ma,, ,address and the project to which they objected. Mr. Sovad objected to the part running through Battle Creek but indicated he did not object to the sewer system itself. Allen Porter, 2530 Brookview Drive, objected to the Battle Creek project. Mr. Clark, 2630 Brookview Drive objected to the Battle Creek project. Carl H. Jeneoni, 207 O'Day, objected to the construction on North O'Day Street. Wolter Rampke,,2566 Brookview Drive, objected to the route through the Creek, H. 4. Gatzke, 2351 Stillwater Road, objected to the Beaver Lake project. 1 Hobert Clark, 2630 Brookview Drive,, objected to having the sewer go tip the Creek although he was not objecting to the sewer itself. After calling for any further objections and hearing none, Mayor Luebben then declared the meeting adjourned at 10:00 P.M. Forrest R. Schmid, Acting Village Clerk i April ,30, 1959 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'.,. H&jic6k, Schmid; Absento- O'Mara, Hajicek moved, Luebben seconded that the minutes of the April 2, 1959 meeting be-aocc-epted as submitted* Ayes ® all Hajicek moved, Luebben seconded that the minutes of the April 16, 1959,meeting be accepted as submitted. Ayes - all The April 21, 1959 minutes are to be held over for later approval. DAHLGREN PRODUCE COMPANY MATTER: Mr. Gross and Mr. James Speckman, representing the Dahlgren Produce Company, stated there was apparently some misunderstanding concerning the the operation proposed to be conducted in the building for which they had requested a building permit at Atlantic Avenue and Highway No, 36. Mr. Gross stated they propose to enter only in the chicken brokerage and wholesaling field. They do not intend,to slaughter, kill or clean chickens on the premises but only, in some instances, quarter the fowl. J,, D. Brown, 1232 Lark Avenue, spoke in opposition to the proposed use of the property,,- He stated the people in the area had in. . vested in new homes and had something to lose by the construction of this type of an operation. Village Attorney, Memmer, stated he had discussed the matter with the attorney for the Dahlgren Produce Company and they had. agreed to set up any type of agreement that would be suitable to the Council insuring adjoining residents against an objectionable operation,, He also pointed out that the type of operation carried out by the Dahlgren Produce Company could be restricted. by licensing, Luebben moved that this plan be referred to the Consulting Sanitary Sewer Engineer, the Village Engineer and the Village Attorney for working out I an agreement which the Council could consider at the May 7th meeting. Berger seconded,, Ayes - all MINNEHAHA HIGHLAND IMPROVEMENT HEARING: Pursuant to due -call and posted and published notice thereof, the hearing set for 7:30 P.M. to consider the improvement of the following named streets: Bartelmy Lane from Minnehaha Ave. to E. Seventh St. Mary Street from Minnehaha Ave. to . Bartel-my Lane E. Seventh St. from.West line of Minnehaha Highlands Add. to Sterling Ave. Sterling Ave,. from Mary St, to E. Seventh St. Meyers St. from Bush Ave. to E. Seventh St, Bush Ave,, from West line of Minnehaha Highlands Add. I to Bartelmy Lane by bituminous curbing, was declared open by Mayor Luebben, Consulting Street Engineer, Ljungren, presented the facts on the improvement. He stated the total cost would be approximately 61 cents per lineal foot including curbing construction, boulevard grading, engineering, legal and miscellaneous expenses. The work would also include a 12 foot driveway, 4 feet into the boulevard. Mayor Luebben asked for objections to the improvement. Mr. Zacho, 2393 Stillwater Rd pointed out that,in view of the litigation involving the property abutting the north side of Seventh Street west of Bartelmy Lane to the end of Seventh, he must object to the proposal. Although he was not opposed to the improvement itself, he felt it would be best if this area was eliminated. Other objectors present at the hearing were: John F. Watt,.839 Bartel' Lane, H. T. Schrader, 2480 East Seventh, Charles Zdrazil, 821 Sterling, R, J. Leonard, 2490 East Se°venth.and Floran Pa Sullivan, 2418 Bush Avenue. Five letters were also received and read by the Council which objected to the proposed improvement.. They were from: Alan and Joann Morphew, 828 Bartelmy Lane, Mr. and Mrs. M.R. Smith, 827 Bartelmy Lane, Mr.`and Mrs. Wm. L. Reichel, 2410 E. Seventh St., Floran and Helen Sullivan, 2418 Bush Ave.& Mrs.' G. H. Downs, 2427 Bush Ave. The decision on this improvement was laid over to the May 7, 1959 Council meeting to give the Consulting Street Engineer an opporturi.ty to study the effects of the objections, 8:00 P.M. BRO,WEWER PARK REZONIJG HEARING: Mayor Luebben stated with regard to the 8:00 P.M. hearing,in which it was pro. posed to rezone Block 5, Brower Park from C, Business and Commercial., to RL19 Residence District (Single Dwelling), that the Village Couneillof Maplewood` has been enjoined by the District Court of Ramsey County from acting on the rezoning, Howard Albertson, representing the Petitioner in the action, Unlimited Opportunities, inc., A Minnesota Corporation, appeared on behalf of his client. He agreed that the matter could be discussed even though no action could betaken. W. T. Johnson, Attorney from Stillwater, Minnesota, representing the Feed and Hardware store, stated that Mr. Scbi.ltgen, owner of the feed and hardware store,` bought this property at a'substantial cost and he is opposed to rezoning what is presently commercial. Village Attorney Memmer stated than; the court order applys only to Lots 11 and 12 of Block 5. He also felt that although the court order did not apply to the balance of the property he does not feel the Council would be interested in rezoning only part of the area in question. The court order not only prevents any further action by the Council but is also a mandamus order which orders the Council to issue the previously denied building permit for a filling station. Marvin Ostrom, 2717 Brookview Drive, explained that he as owner of Lot 10, with his.home upon it!, was re. sponsible for the petition to change the area in question from Commercial to to Residential'is He stated when he originally purchased his property he had been advised that it was located in a residential and not commercial areao as evidenced by a deed restriction that was subsequently removed by the owner of the adjoining property before its sale to the present owner. Bruce Brink, representing the Browers, who own a large portion of the property;in question, explained that the west half of Block 5 could be developed into a multiple dwelling area to act as a buffer. He felt that this would add to the tax base while if it is not used for that purpose it would remain vacant because it is not suitable for other residential building. He felt it should be up to the Council to help in properly developing the area.s W. T;. Johnson stated that because of his clients interest in the area it would be necessary for a law suit to protect his interests if the Council rezoned the area. Mr. Fierke restated his position that he felt the natural development along- Highway 100 was commercial and that he was willing to make the necessary arrangements with Mr. Ostrom who would be adjoining him. Mayor Luebben then closed the discussion by referring the matter to Memmer, Village Attorney, to act on behalf of the Village. MISS RUTH SWENSON: Miss.Ruth Swenson, 888 .Sims, presented a petition.against the construction of Adele Street on which she owns property. It was explained that the Village has no plans at the present time to build this street. 'The grading done-on this street resulted from the sanitary sewer installation. The petition was ordered placed on file. PETITION.-TO-FILL THE DITCH ON THE SOUTH SIDE OF COUNTY ROAD B BETWEEN ENGLISH AND ATLANTIC: Mr. 0. C. Odeen, 1252 East County Road B, presented the above petition with 14 signatures. It was explained that this action was under consideration by the Village Engineer. MRS. CHARLES LOBINSKY0 Mrs. Charles Lobinsky, 2523 Stillwater Road, requested permission to connect her home and �a small cottage,.directly to,the rear of the Lain house, into the sanitary sewer system. It was explained to her that two houses on a single pied of property cannot both be connected to the same line, but because of the situation whereby this second house on her property was'..previously.given official approval and was purchased with this understanding, Berger moved, Luebben seconded that two sewer permits be issued. 1 Ayes - all ......._ .............. 'MRS. GERTRUDE HANOVER: Mrs. Gertrude Hanover, 1290 East County Road C, explained that she owns the property on the southwest corner of County Road C and English. Only the east thirty -three feet of English Street is dedicated. A barricade had been erected which according to Moritz, Street Superintendent, :.had.blocked . both sides of English. - It was P01rited out that she -could barricade her side, however, the east side' of English Street has to remain open. LARRY HANSON: Larry Hanson, 110 East Kenwood Drive, representing the St. Paul Clown Club, requested approval. of a 3.2 non-intoxicating malt liquor license to be used for one day only,,June 14, 1959 on the North Star Hall property. Berger moved, Luebben seconded that the permit be authorized without fee. Ayes - all ..._........._.._ .. JACOB JORDAN: "Jacob Jordan, 2260 Upper Afton Road, representing the Ramsey County Saddle Club, requested a building permit to enlarge the ridingicircle and announcing platform at the Ramsey County Fair Grounds* Berger moved,. Luebben seconded that the permit be authorized, Ayes - all CONSIDERATION OF THE ORDERING OF THE SEWER IMPROVEMENT NUMBER II: Because a number of persons were present who were interested in discussing the proposed sanitary sewer construction under Improve4lent No. 2, Mayor Luebben then opened the meeting to a discussion of that subject. The first project discussed was the Battle Creek area. Einar Sovad, 2554 Brookview Drive, stated that he was not opposed to sewers but requested that the Council reconsider the routing of the proposed sewer through Battle Creek private property. Mr. Kishel reported that this is the matter which he intends to discuss with several property owners on Saturday morning at a meeting he has arranged. He also explained that the contractor will be asked to use certain methods which will disturb the property as little as possible. He suggested to the Council that these recommendations be put in the specifications for the building of the sanitary sewer. Mr. Sovad also brought up the matter of the drainage from the James Fifth Addition and asked if something could be done with the drainage from the culvert which is destroying property and trees. The Village Engineer was instructed to investigate this matter. Allen Porter, 2530 Brookview, supported Mr. Sovad's position on the construction of the sanitary sewer along Battle Creek. Otto C. Knyphausen, 208 Sterling, stated that,from Hudson Road to Brookview Drive, Sterling Avenue occupies a forty foot easement. He asked if it is proposed to put the sewer in the center of this easement. He was told that it was and that the Village does not intend to ask for additional right-of-way on Sterling. Ken Espe, 2510 Brookview Drive, asked if it was proposed to run Sterling across Battle Creek. It was explained that the Village has no plans to do so. He was also informed the County, Village and St. Paul plans are being formulated to a park area along Battle Creek and to maintain the natural state of this area. The discussion then was shifted to the Beaver Lake project. Elmo C. Lillehauge,n, 1075 Lakewood Drive, asked about the pumping station which is proposed to be constructed near his home. It was explained that the pumping stations are basically below-ground structures with a minimum superstructure. The Hazelwood project was discussed next. Joseph Zappa, 2522 Flandrau, stated that in addition to himself, there were four other residents near Demont on Flandrau who were interested in having the sewer although he recognized there were people opposed to the improvement. The Council received and placed on file a petition opposing the construction on Flandrau Street by a majority of the residents of that street. Mrs. Martha Gustafson, 2465 White Bear Avenue, stated she is not opposed to the sewer 'improvement however she is interested in the price. She was given a brief explanation and a copy of the estimated cost sheets distri- buted at the public hearings. Stanley Rad,, 2470 White Bear Avenue, stated he had recently put in a drainfield system and was not interested in sewers at the present time. Donald Miller, 2592 Flandrau, stated he was representing those opposed to the proposed sewer on Flandrau. He said they are not opposed to improvements but at the present time the addition of this project would add too much to their already heavy tax load. Mrs. Emil Sturzennegger, 158 East County Road C, asked if there.would be interest on'the deferred assessment. This information was given. John Stack speaking for Willa H. Stack,, 2707 Hazelwood, stated they are oppolsed.,,to the sewer improvement because they felt they had no need for the improvement. Robert J. Borglund, 1559 East County Road C., askedif it was planned to' run the proposed sewer line up Hazelwood and across on Gervais. Mr. Kishel explained that both lines were necessary. After the discussion was completed, it was explained that even though the project was ordered, there may still be adjustments in the work undertaken and. that Qbjections would be given consideration. Schmid moved, Berger seconded that the following resolution be�adopted: 59 - 4 - 22 BE IT RESOLVED By the Village Council of the Village of Maplewood, Minnesota that WHEREAS: 1. Pursuant to notice duly given hearings were held on Monday, April 20, 1959 at the Hazelwood School and ' on Tuesday, April 21, 1959 at the Carver School on the proposed construction of sanitary sewers heretofore desigpated as the Sanitary Sewer Program for 1959, Improvement No. 2, and 2. There is on file in the office of the Village Clerk an affidavit showing due publication in the official newspaper of notice of said hear- ings in accordance h the resolution adopted April 2., 1959• W�lt 3, Said meetings were duly held and all persons present were afforded an opportunity to present their views and objections to the making of said improvement. No objections were presented except as follows: ,Name of Objector Property Owned Objection Tom Astrup, 1505 E. County Road C L. J. McShane, 1451 E. County Road C A. W. Him6s, 2586 Flandrau .'John Esquivel, 2525 Flandrau ,John McPhee, 2545 Flandrau Harold Richter, 2598 Flandrau. Lewis Clark, 2604 Flandrau Donald Miller, 2592 Flandrau Gerald Firkus, 2601 Flandrau Kay Kaufman,, 2157 Flandrau E., Bryant, . 2567 Bittersweet Lane Mrs. Victor Stone,'2727 Hazelwood John O'Brian, 2759 Hazelwood Robert Borglund, 1559 E. County Road C. Mrs. P. Olson 1477 E County Road C Mrs. Hilden, � E. 607 Flandrau Lewis Hickel, 2767 Hazelwood Chris Hanson, 2657 E. Geranium Mr. Bauer, 2683 E. Geranium . 4. The Council has fully considerqd the proposed improvements, NOW THEREFORE, BE IT RESOLVED AS FOLLOWS.- (a) It is advisable, expedient and necessary that the Village of Maplewood construct the improvements as outlined in the notice of he4rings heretofore given and this Council hereby determines to make said improvements and orders the same to be made, (b) The consulting engineers for the Village are hereby authorized and directed'to prepare detailed plans and specifications for making said improvements. Ayes - all HEALTH OFFICER REPORT A letter, received from Dr. K. 0. Nimlos, Chairman of the Village Board of Health, requested that commercial establishments be required to install a commercial type incinerator for proper burning of waste material. Village Attorney, Memmer, was d�.rected to draft an ordinance concerning changes to the burning ordinance requiring commercial establishments to have incinerators. Deputy Health Officer, Eleanor Peterson, and Mr.. Charles Bedahl, member of the Maplewood Police force and Health Inspector for the State of Minnesota, Dept. of Health, reported on the Philipville Trailer Court. Mrs. Peterson stated that the sanitary system is not adequate and that she had asked the State to examine the situation. Mr. Bedahl reported that he saw definite signs of sewage going into Kohlman Lake across County Road Co The sewage was issuing from a spot that appeared to be covered.with leaves and brush so as to conceal the issue point. They have left written orders requiring pumping until there is sufficient drainfields installed. Mr. Bedahl stated that in discussing this problem with .the State Board of Health they felt there should be approximately two to three times'-the amount of pipe and drain field to serve the system. For example they .have a system that will theoretically serve eighty trailers and they have 113 trailers presently on the system. The matter will be discussed at the next meeting when a complete report from the State Board.of Health will be available. CRESTMO.OR ADDITION JOHN KLUNE The Engineer reported on the John Klune escrow for Crestmoor Addition. A total of $2.052-50 was recommended by him. Berger moved, Hajicek seconded the engineer's report be accepted and forwarded to John Klune for action. Aye s - all EQUIPMENT RENTAL BIDS A letter from the Consulting Street Engineer was received concerning the equipment rental bids. The letter recommended that the equipment proposed to'be furnished by A. Hartman for the 100 horsepower graderk tractor dozer, tractor scraper, rubber tired scraper and those of T. A. Schifsky & Sons for the water truck and tractor loader be accepted. These bids were low. He noted that although T. A. Schifsky and Sons bid on the water truck was $2075 higher than the A. Hartman bid the equipment to be furnished by Schifsky is a 3,000 gallon unit against a 1,250 gallon unit offered by Hartman. Bprger moved,: Luebben seconded that the engineers recommendations be accepted and the contract awarded to the bidders recommended by the engineer. Ayes - all IMPROVEMENT 52-1 Berger moved that the Consulting Street Engineer's report be accepted and the work be awarded to the low bidder, Ray Sina Construction Company. Luebben seconded. Ayes - all ASSESSMENT FOR CRAIG PLACE Consulting Street Engineer, Ljungren, reported that this matter has been rep ported to Shuster and he has given no answer. No further action will be taken until a request to do so is received. BENILDE o CHRISTIAN BROTHERS HIGH SCHOOL m LETTER A letter was received from Robert W. Law, Business Manager of the new Hill High Sohool, requesting that Price Street be extended East from Ruth Street to the' Hill High School Property line. They asked for completion during the summer months-if possible. It is proposed to use this extension as an exit from their parking lot. Berger moved, Luebben seconded that the Village Engineer be authorized to proceed with the constmetion of this street with Village forces. Ayes - all Memmer, Village Attorney, reported the amendment completed setting the Sanitary Sewer rental charges. Luebben moved, Hajicek seconded the adoption of the following ordinance: ORDINANCE NO. 75 AN ORDINANCE AMENDING ORDINANCE NO. S9 BY ADDING THERETO A SECTION PRESCRIBING RATES ANb, CHARGES' FOR SEWER DISPOSAL SERVICE, PROVIDING TIME FOR PAYMENT OF SUCH CHARGES AND PROVIDING PENALTY FOR LATE PAYMENT AND PROVIDING FOR THE COLLECTION OF DELINQUENT PAYMENTS, Ayes - all Barger moved, Luebben seconded the adoption of the following ordinance,: ORDINANCE NO. 76 AN 'ORDINANCE REGULATING THE PLANTING OF TREES ON STREET BOULEVARDS, REQUIRING A PERMIT THEREFOR, AND PRESCRIBING PENALTIES FOR VIOLATION. Ayes all _LAWRENCE SIGN COMPANY REQUEST: A letter received from the Lawrence Sign Company requesting permission to install 3x5'xl2' identification signs to advertise New Custom Built Homes. These signs will be located on the southwest corner of County Road B and Arcade Street., the southern part of Little's Addition facing Arcade Street, and in the Little's Addition corner of Kenwood Drive and Eldridge. A sample sketch of these signs was also received. Luebben moved,.Hajicek seconded that permission be granted. Ayes - all Schmid moved that the Bettenburg, Townsend, Stolte and Comb final statement for $7,652.24 for engineering services on Improvement Noe I (Sanitary Sewer Construction) be paid. Hajicek seconded. Ayes m all Luebben moved that Lametti and Sons, Inc., 211 North Pascal Avenue, St. Paul, be paid $22,800.94 less $2,000, to be withheld until all remaining cleanup work is completed, for Project No. I (Gladstone) of Improvement No. 1. Hajicek seconded. Ayes m all Londin, Building Inspector, reported receiving a request to approve two sewer connection permits on a single lot owned by William Donaldson, 1850 East County Road B. Schmid moved, Luebben seconded that William Donaldson, 1850 East County Road "B" be notified by the Building Inspector that he is in violation of the building code by living in a converted garage. Aye s - all Hajicek reported on the emergency listing in the telephone directory.: He is to have the three Maplewood Fire Departments listed under a single heading, Maplewood* He also reported that the Village police call is to be connected to a"direct line to the dispatcher, using the same number, and eliminating the answering service. ' Berger requested that the post office be contacted and asked to reconsider the Maplewood request for a Post Office. It was suggested that this request be changed to one for a Sub - Station. Mayor Luebben also suggested that we'request a mail box on the, corner 'of Roselawn and Arcade. Luebben moved that the Village agree to pay its proportionate share of the weed notice publications for 1959. Hajicek seconded. Ayes m all Meeting adjourned at 1200 50 A "M;. Forrest R. Schmid Acting Village Clerk May 7, 1959 The regular meeting of..the Maplewood Village Council was called to order by Acting Mayor O'Mara at 7 ,-20 P.M. other members of the -- Council present were Berger, Hajicek, and Schmid; Absent: Luebben, Berger moved, Hajicek seconded that the minutes of.the April 21, 1959 special meeting be accepted as submitted.. Ayes - all DAHLGREN PRODUCE COMPANY MATTER: Mr; Albert, Gross, representing the Dahlgren Produce Company, presented an agreement drawn by the Village Attorney to assure the Village of Maplewood that construction, maintenance and use of the proposed building and the site upon which it is located be specifically stated and calling for the detailed.provisions governing such construction, maintenance and continued uses The agreement was signed by Christine Dahlgren, Surviving Partner of the Dahlgren Produce Company and witnessed by Albert- ,_Qrgss and Earl Dahlgren, Also sub- mitted was Addendum No. 2:providing for the changes and revisions to the plans and specifi. cation relating to plumbing, sewer�.and electrical specifications. Mayor Luebben arrived at 7 ,-40 P,M,.and took over the chair. Donald W. Wennberg, 1233 Lark Avenue, Council to not issue a building permit building and operation. stated a motion had been previously . to the Dahlgren Produce Company for carried by the. .their proposed Mr. Berger explained when this action was taken the Council did not realize the exact .nature of the business to be carried out by the Dahlgren Produce Company. They were under the impression that evisceration of chickens would take place and felt this process would be detrimental to the Village from the standpoint of odor and sewer maintenance,. It was ex- plained to Mr. Wennberg that the special agreement and Addendum No, 2 prevented these objectionable features and that the Village Health and. Police Departments would strictly enforce their provisions. Schmid moved, Hajicek seconded we issue the building permit, subject to the provisions of the.special agreement, Addendum No. 2 and the laws and ordinances of the Village. Ayes - all 0 P.M. MINNEHAHA HIGHLANDS IMPROVEMENT HEARING: (Continued from April 30, 1959) Consulting Street Engineers LJunaren, stated there was no majority objection to the improvement in any one area. It was pointed out again that Mr. Zacho, 2393 Stillwater Road, suggested that in view of the litigation involving the property abutting the north side of Seventh Street west of Bartelmy Lane to the end of Seventh, he must object to the improvement in this area. Mayor Luebben asked if there were any more objections to the proposed improvement. Hearing none Berger moved, Schmid seconded the following resolution ordering improvement and preparation of plans: - 59 -5 -23 WHEREAS -, resolution #59 - 4 - 18 of the Village Council adopted the 2nd. day' of April, 1959, fixed a date for a Council hearing on the proposed improvement of the following streets: Bartelmy Lane from Minnehaha Avenue to East Seventh Street Mary -Street from Minnehaha Avenue to Bartelmy Lane East 7th Street from West Line of Minnehaha Highlands Addition to Sterling Avenue Sterling Avenue from Mary Street to East Seventh Street Meyers Street, from Bush Avenue to East Seventh Street Bush Avenue from West Line of Minnehaha Highlands Addition to Bartelmy Lane by plant-mixed, machine laid bituminous curbing, pursuant to Minn. Stats,,, Secs. 429.011 to 429.111 (Laws 1.9538 Ch,, 398, as amended)® The area proposed to be assessed for such improvement is the property abutting on such streets,, AND WBEREAS, 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 30th day of April and, the 7th days of May, 1.959, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLE1dOOD, MINNESOTA: 1. Such improvement is hereby ordered, with the exception of the north side of East Seventh Street from Bartelmy Lane to the West boundary of the Minnehaha Highlands Addition as pro- L posed in the Council resolution adopted April 2, .1959. 2. Milner W. Carley & Associates are hereby designated as the i engineers for this i I mprovement. They shall prepare plans and specifications for the making of such improvement. Ayes - all. Adopted by the Council this 7th day of May 1959. Mayor Clerk Berger moved, Luebben seconded to set the assessment on Resolution Number 59 ® 5 - 23 on a ten-year basis,, Ay-es - all R.W. NELSON m L-06 SANDHURST DRIVE: R.W. Nelson, 1706 Sandhurst Drive, requested that the Village vacate Flandrau Street from Sandhurst to Prosperity Road. This street is not constructed at the pre'sent time. This request was referred to the Consulting Street Engineer to determine if the Village may have any present or future use for the property. HAROLD ANDERSON - 3.11,RIPLE, Y.- -----Harold Anderson, 2315 Ripley, stated. his house had recently burned.. He had requested a building per and had been refused by the Building Inspector because the property was not on an improved street. Beraer moved, Luebben seconded that the Consulting Street Engineer make a study determining if a street could be built to serve this property. Aye s - all LEO F. GfiijOS L. TRUSTEE NORTH ST. PAUL: ==I__ Leo F. Groos, Trustee from, the Village of North St. Paul, suggested the following to the Village Council of Maplewood: I 2., O.A. .1 I_ 'A . . 1. 4 , L t, •'. , ,, , .,j , 3. Q�)--z,�-, frc"'Y.n. Br."'."Vwfi The Council rejected the sugg✓stIon t10 're: iw=.e Century A,(i,r.*.ri'J,,*� '6r, Street and took under advisement the Gay-few Law proposal and the opening of Mc.Ky),iglit Road .from BePO Avenue 'to County Road D. 8-oo P.M. MEISTER HIGHLANDS REZONING HEARING,., Pursuant to dixe call and posted and published notice thereof, the hearing set for 8:00 P.M. on this date to consider- the petition for the rezoning of: All of Block 1, Meister's Highland, Ramsey County, Minnesota not already, zoned Business and Commercial. (this property is bounded by'White Bear Avenue on the West, Ripley Avenue on the North and North St. Paul Road on the Southeast). from R-I, Residential District, -to BC, Busines8 and Commercial, was declared, open by Mayor Luebben. Jud Weinrich, 1799 White Bear Avenue, stated his opposition to the rezoning. He stated the residents of the area do not want a business place across from their homes. - A.L. Arndt" 1783 White Bear Avenueg stated he moved here seven years -ago and was very careful to have 1-,tis attorney check and deteryrtine that the property was zoned residential. Gale, A. Pettee, 1849 'White Bear Avenue, stated the rezoning would increase the already existing-traffio problem along White Bear Avenue. John Schneider, 1789 White Bear Avenue, objected to the rezoning. Frank Kosciel,�:ak, 1909 White Bear Avenue, stated his objections to the rezoning. Aiphon,s.e A... Meister, 1770 White Bear Avenue, Harold Faust, 1753 White Bear Avenue and Alf Meister, 1.824 Nor'th St. 'Paul Road stated they had no objections to the rezoning, Berger moved the Meister Highlands Rezoning matter be referred to the Planning Commission for studying the possibility of applying a special "Buffer Type" zoning for the area. O'Mara amended the motion to include the requirement that all residents affected by .1 . + . ICU k. ac-1:.ion is t -en. So iid this be notified before any rtkie, ak hn '%-,he Yriotion as amended. A-Yes all OF ENGLISIf S ".'gEET Rr EZONING A -t,hereof the. hearing set pc oste&t�' nd pub] -�e z f to nsider t` 1 V, the, i. m1rirr of.-* on 11-iis, date `T -,,Alp. 29 e J o f t S. 5 .5 F °. et o f S�,,, ."Ti j j 0. 1 In We St. fl pan-rt t4tm for Eng`i7 except 11.1 Railway rig t-of 'by- Luebben. -vi as -:° d open 1 V; 7"'Irt, th- P J,mril., n O T T J, Ld !"Hianson -in Larpente ,ol of irg the Corm-ciiss.ion A�,,o- "he absence of a. 0 )t, size. shou"Ld be ol oked 2 o I o t i,ppears that t1le nd L u P1!1,,,t plan t'he Plat Map was used, a p-2-otperty is close to the min-imum as -to area. 1. , ( I- e 'Have all the adjacent property o�,,mners been coi tacted. T 1 2.1. T petJA,-t-,ion did not inclu.de the of so. to persons kn.own to the 'Committee, who Live in the a,)ea,, -this constitute "spot zoning" 2 ? . 1. D c,, e s 2.2 ITI the above paints are answered satisfacto-rily, the Commission CUM ends that the change in. 0-r-')rc,-ved,, Mayo-l"'. asked if there were a-,ay the proposed 11-e.,zoning4 Hearing none -i-, Be: i.-ger mioved, Haji(,Iek seconded 1.-.he of thl,-,:-. following resolution: 0], W; -AC'. JL I re of Maplewood as ITER"TA'.3 'a pct], U or) was f."' J e�d wi th the, C." .J') r (-) -iT d e,' -,uirlder Art..icle .XV, Ordinance Noo e2%?,1 fl VIAIJL(age of Maplewood, said petition 'hav1.nL,-,,- been signed by i7iore than 50% (J`'ifty, per : r�.t: N of the owners of property with.!n feet, (two hundred feet) of the, p.,.peF .ty des;:=ibed as follows-. N - `Ul` 9 N. 1,661 of the S,, 51.5.5 feet c-i" S 0.f 15, Tw-p,, 29 ge, ., 'I ' St, 22, exc,ept part taken for and lying of the D%P. Restil-way r--" gJr Vi 11as 10,ee;rl proposed. foi, rezoning fram TI(,e. �dential t.o R-2 R--sidence ea i 1.,,,rin1g ) and was set fo.- the '?th ctav ')P IV 59, notice thereof ha vi 9- ng 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, Sub- division 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, 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.MAPLEWOOD, MINNESOTA: THAT,the petition for rezoning of the above-described Property be granted. Ayes - all 2"1-_00 P.M. KOHLMAN LANE STREET IMPROVEMENT HEARING.- Consultin Street Engineer, QungrenD stated his office had prepared a report con- cerning the Kohlman Lane Street Improvement and it had been circulated to all property owners concerned. Mayor Luebben then asked if there were any objections to the proposed improvement. Hearing none, Berger moved, Hajicek seconded. the adoption of the following resolution ordering the improvement and preparation of plans- 59 - 5 - 25 WHEREAS, resolution #59 - 4 - 21 of the Village Council adopted the 16th day of April, 1959 fixed a date for a Council hearing on the proposed improvement of: Kohlman Lane from the E. Line of Keller Parkway to the North Line of SW 1 of Section 4-29-22, and Beam Ave. from Kohlman Lane approximately 500 feet East by grading, gravel base and drainage construction, pursuant to Minn. Stats, Secs. 429.011 to 429.111 (Laws 19539 Ch. 3989 as amended). The area proposed to be assessed for such improvement is the property abutting on such streets. AND WHEREAS, ten days' published notice of the hearing through two weekly publi- cations of the required notice was given and the hearing was held thereon on the 7th day of May, 19599 at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE, OF MAPLEWOOD, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted April 16, 1959. 20 Milner W. Carley & Associates are hereby designated as the engineer for this improvement, They shall prepare plans and specifications for this improvement. Ayes - all Adopted by the Council this 7th day of May, 19590 Mayor Clerk Ken DeMars, 67Lk Highway #36, requested permission to build a home of 908 square feet. He stated he realized that the present ordinance required a minimum footage of 1040 square feet but that he had entered into an agreement to build. this home before the present ordinance was adopted. O'Mara moved we grant the exception. Luebben seconded. Ayes - all. MRS. DONALD RIDLEY & MR. WILLIAM DONALDSON: Mrs. Donald Ridley, 1850 East County Road B, and Mr. William Donaldson, 18502 East County Road B, are joint owners of the property ,at 1850 East County Road. B. They stated when this property was purchased the former owners stated that the building located adjacent to the main dwelling was a cabin. Building In- spector Londin, stated this building had the outward appearance of a garage but was finished as living quarters on the interior. Mrs. Ridley and Mr. Donaldson also stated they had requested sewers for both structures but the Building In- spector had refused the application. It was explained to Mrs. Ridley and Mr. Donaldson that the 18501 2 East County Road B structure did not comply with the ordinances for a dwelling and that two sewer connections cannot be made from one piece of property. 2732 HIGHWAY #61: Mr: Goyer, representing Mr. Bartlett who recently purchased the property at 2732 Highway #61, stated his client would like to maintain a paint)and body shop at this location and also add a 16 x 23 foot-addition to the already existing structure. Mr. Goyer also stated his client would not create the appearance of a junk yard on this property and. he would keep all automobiles housed when possible. O'Mara moved we grant the permit with the requirement that the addition must have a brick front facing Highway #61. Berger seconded: Ayes ® all G.W. GOLDSBOROUGH, 1772ONACREST CURVE-.. Mr. Goldsborough requested permission to conduct a part time business in the basement of his home involving the remodeling and reupholsterink of furniture. He also requested permission to distribute hand bills advertising his business. Luebben moved, Berger seconded permission subject to the ordinances and regula- tions of the Village. Ayes ® all UNLIMITED OPPORTUNITIES CORPORATION-. Mr. William KtELeyj representing the Unlimited Opportunities Corporation of Stillwater, Minnesota, asked the Council what information was necessary for them to submit so they can begin construction of a gas station at Century Avenue and Brookview Drive. He also stated that the Unlimited Opportunities Corporation and Marvin Ostrom, 2717 Brookview Drive, the petitioner in the ac.tAon to have the property known as Brower Park rezoned from Business arid Commercial to R-1 Residential have come to terms and worked out an agreement tl-iat is satisfactory to both parties. was explained to Mr. Fierkey that the following information must be sub- mAtted before the Village will issue a building permit for their gas station Lo be located at Century Avenue and Brookview Drive: 1. Statements from the petitioners and the Unlimited Opportunities Corporation that a satisfactory agreement has been worked out. 2. Building and landscaping plans. PROPOSED GAS STATION CENTURY AVENUE & UPPER AFTON ROAD: Mr. Stengeng, representing the Unlimited Opportunities Corporation, Stillwater, Minnesota, stated their had been an honest mistake by both his company and the Village of Maplewood. That the Village had issued a building permit for the complete lot of 125' x 125' and they had proceeded on this basis not realizing a 16.5 ft. easement should have been requested. Berger moved the permit be issued subject to the acquisition of 1605 ft. street easement. O'Mara amended, the motion to include the Village check this matter with the County Attorney. Luebben seconded the motion as amended. Ayes '- all PHILI PSVILLE TRAILER COURT MATTER- Reuben P. Heckmann, 2579 Cypress Street, and other residents close to the Philipsville.Trailer Court, asked what is going to be done about the sewage prob- lem created' by the -trailer court. Mayor Luebben stated that the State Board of Health and the Village Health Depart- mtr-nt are investigating this problem and upon receiving their report, action will be taken to correct any inadequate facilities and strict enforcement will be made. JULIAN KAEDER _?J46 STILLWATER ROAD: Mr. Kaeder requested permission to build on his property which is 68 feet wide and 300 feet deep. Berger moved, Luebben seconded permission be granted. Ayes ® all HUGH LEONARD m 2420 EAST SEVENTH STREET: Mr. Leonard stated that he had requested three times that the Melton Construction Company- remove materials left from last year's sewer construction. Building Inspector, Londin, stated he would contact Mr. Melton to correct this matter. RECREATION COMMITTEE REPORT.- Mr. Berger stated. that he has been attending the meetings of the Recreation Committee. The Recreation Committee is broken down into four groups of four to five people representing four areas of the Village. Each Committee was charged to submit to the Committee as a whole recommendations for recreational sites in their area, methods of financing their proposals and plans for advertising and promoting their plans. The Recreational Committees efforts were divided into three phases: 1. What could. be done this year to develop useable recreational facilities this year with the budgeted amount of money that has been set aside for recreation? 2. Subm_`Lt a Master Plan for recreational development. q Submit a plan that the Council could recommend for County participation. With these directives in mind, the Recreational Committee submitted the following recommendations-. 1. The Parkside Fire Department,-a corporation within the Village of Maplewood has eight (8) acres of land dedicated to recreational use. Said corporation will include this land in the village recreation program, if the Village will level and grade said land. Therefore, we, the Recreational Committee Village of Maplewood do submit to the Village Council that they expend up to one thousand dollars ($1,000.00) in the grading and leveling of this land. Money to come from the Village recreation fund and this work be done immediately. Parkside Improvement Club will install backstop and as much ether play-ground equipment as our facilities -will permit, 2. The Gladstone School Playground be leveled back -to the railroad tracks and ball park equipment furnished: a. Backstop and bases for one (1) ball diamond. In the Wakefield Park Area - the S.E. backstop be moved back approximately fifty (50) yards so that the second baseball diamond can be used while the first baseball diamond is in usage - plus one (1) more backstop at the NW corner. 3. It is recommended that either or both of the following plats of land be purchased to be used as play and recreation areas, a. The land © locked area bordered, by Bush Ave., Meyers and. Seventh Street and immediately adjacent to the new housing development called Minnehaha Highlands. b. The land South of Margaret, East of Farrell, Lots 2 and 3 of Block 4, owned by William and Mary Yehut, 1347 Danforth, St. Paul - plud'Lot 4, Block 4, owned by Ernest Bailey, 618 Farrell. 4. It is recommended that the lot owned by Ernest Radatz, described as the N 100 ft. of the S 335 ft. of the E 338.7 ft. of the W 744085 ft. of the SW 1/4 of Section 29 Town 29, Range 22, be purchased immediately for a sum not to exceed $775.00. Berger moved, Luebben seconded that the Consulting Street Engineer be authorized to determine the least expensive manner of leveling and grading the land owned by the Parkside Fire Department and spend not more than $19000.00 to complete this project. Ayes - all Luebben moved that Mr. Berger be authorized to negotiate with the School Board as to. the leveling of the Gladstone School Playground for a ball park and for the installation-of a backstop. O'Mara seconded: Ayes - all Berger moved that the Recreational Committee be authorized to negotiate with the County to move the backstops in Wakefield Park to provide a larger playing area. Luebben seconded. Ayes - all Berger moved that the property owned by Ernest Radatz be investigated by the Village Attorney for purchase for an amount not exceeding $775.00. Luebben seconded. Ayes - all CONDEMNATION: The Building InsP66t-or is instructed to proceed with condemnation proceedings against the building located at the southeast corner of County Road C and Hazelwood. LETTER TO POST OFFICE: The Clerk is instructed to send a separate letter to Senators Hubert Humphrey and Eugene McCarthy and Representative Joe Karth requested their help in the assigning of a postal sub-station in Maplewood. vmvRaPmrY swn mmNRITTON! Berger moved, Luebben seconded authorization to proceed with emergency work to install the sewer connection at Stillwater Avenue and McKnight Road. Ayes - all PUMPING STATION* O'Mara moved the Village Attorney and Village Engineer are instructed to obtain property on Arcade Street, north of Frost Avenue for a pumping station. Luebben seconded. Ayes - all TRACTOR PURCHASE: Berger moved the authorization to purchase a used tractor for not more than $990.00 to pull the street roller. Luebben seconded. Ayes - all ARCHERY RANGE-. Village Attorney, Memmer., is instructed to draw up an ordinance for archery ranges. The members of the Village Council of Maplewood have been invited by the Village Council of North St. Paul to attend a meeting in conjunction with the Metropolitan Planning Commission at 8-000 P.M., May 20, 1959 in the North St. Paul Village Hall. Building Inspector Londin is authorized to determine the feasibility of building offices in the basement of the Engineer's office. ORGANIZATIONAL MEETING: The Clerk is instructed to send invitations to municipal and school officials in adjoining communities for an organizational meeting of district planning groups to be held on Monday, May 25, 1959 at 8.-00 P.M. in the East County Line' Fire Department Hall. Meeting adjourned at 1:25 A.M. es R. Pi6tila' illa"ge , Cl illage Clerk May 21, 1959 The regular meeting of the Maplewood Village Council was called to order by Mayor Luebben, at 7:15 P.M. Other members of the Council present were Berger, 1-1ajicek, O'Mara and Schmid; Absent: none hajicek moved, Luebben seconded that the minutes of the April 30, 1959 meeting be accepted as submitted. Ayes - all Hajicek moved, Schmid seconded that the minutes of the May 7, 10j59 meeting be accepted as submitted. Ayes - all LORENE ORNBERG, 1564 ARLINGTON AVE. Lorene Ornberg, owner of Pt. of Lot 6 and all of Lot 7, 131. 2, Maryknoll Add. (180 x 110 ft. lot) , stated she would like to split this lot into 2 - 90 X 1101 lots. It was her contention that the sewer assessment would be prohibitively hif.rh because of the present front footage of the lot and the presence of a County Drainage Ditch running through the property made its sale exceedingly difficult. 1111r. O'Mara explained she would be able to request a deferred assessment at the sewer assessment hearings. O'Mara moved the request to split the lot be denied. Luebben seconded. Ayes - all R. W. NEi I-SON -170$' SkNDjJUR$t2,- -RIVE : R. W. Nelson, 1706 Sandhurst Drive, again requested the Village vacate Flandrao Street from Sandhurst Drive to Prosperity Road. Mr. Berger explained that the Recreation Committee and the Consulting Street Engineer still have this problem under study and their recommendations will be present at the nest regularly scheduled meeting of the Village Council. UNLIMITED OPPORTUNITIES CORPORATION: Mr. Anders and Mr. William Fierkey representing the Unlimited Opportunities Corporation of Stillwater, Minnesota presented the following information concerning their proposed gas station at Brookview Firive and Century Avenue: 1. Building Plans 2. Landscaping proposals 3. A signed statement from ,�arvin Ostrom, 2717 Brookvie-vj, Drive the petitioner to have Block 5, Brower Park rezoned from BC, Business and Commercial to R-1, Re6idential, stating that he and the Unlimited Opportunities Corb6ration have come to a satisifactory agreement concerning the proposed gas station. It was explained to Mr. Fierkey that before a permit was issued the following recommendations must be satisfied: 1. The installation of a suitable barrier between the rear of the gas station and the abutting property. It was recommended that a wooden fence be in- stalled and Zabelli Honey-suckle Bushes and Flowering Crab Trees be planted in an attractive manner. 2. An interior concrete curb extending at least four inches above the driving surface of the station shall be xonstructed along the inside edge of the property line where vehicles might encroach and adjacent public ri6.-1-ht-of -way. The ends of the interior curbs must be rounded off or sloped for a distance not to exceed two feet. Two 221 driveways must be installed in the Brookview Drive side of the station. Schmid moved, Hajicek seconded that a building permit be issued subject to the recommecdations of the Consulting Street Engineer and the Building Inspector. ASres -;- all RAMSEY COUNTY FAIR ASSOCIATION: Mr. Walter Long, representing the Ramsey County Fair Association, requested permission to open the Fair on the Ramsey County Home- 'Property. Luehben moved, O'Mara seconded permission be granted subject to the laws and ordinances of the Village of Maplewood. Ayes - all IVIRS. PLOY HUSS - 192� COUTUY ROAD B: Mrs. Huss stated she has purchased the property at 1923 County Road "B and would like to convert a garage on the property to living quarters for her parents. Build Inspector, Oscar Londin.; is instructed to investigate this matter and report back to the Council at its next regularly scheduled meeting. .CUP,2IS A. GREER - 1499 EAST VIKING DRIVE: Mr. Greer, 1493 Viking Drive, requested that the twenty -five pieces of culvert that have been lying on his lawn for the past seven months be removed . 'ir. 0" ra explained that this pipe should have been laid last fallibut the weather prevented its installation. It was explained to 1,,1r. Greer that this matter would be taken care of in the near future. ROBERT NIELSON - 1609 EAST LAURIE ROAD: ED ROMAN - 1719 EAST IAURIE ROAD: Mr. Neilson and Mr. Roman stated that the sewer connections to their property were installed at too great a height anO. consequently new connections ha.0 to be installed. They asked if' they would be charged for both connections. It was explained to them that they would be charged for only one connection. * Mr. Neilson and Pq1r. Roman also stated ti-,e grade on the street in front of their property was improper and that dust resulting from the regrading was ..oppressive, Mr. O'Mara explained that we are going to blade, dust coat and later install one to one and. one quart-er inches of stablized mix on the road. Mr. Berger stated the black top removed from IVL-. Nielson's driveway when the sewer was installed would be replaced. Consulting Street Engineer, Ljungren, and Village Engineer, Nelson, are in structed to inspect the conditions on Laurie Road and report to tile Council at the next regularly scheduled meeting. HAROLD F. NELSON - 1208 LARK AVENUE: Mr. Nelson stated he is having a flooding problem. His back yard was flooded three times last year and twice so far this year. Consulting Street Engineer, Ljungren, is instructed. to inspect this situation and report his finding to the Council at its nest regularly scheduled meeting. MR. WILLIAM DONALDSON - 1850-1 EAST COUTI-ITY ROLD B.- Building Inspector, Londin, stated lie has given Mr. Donaldson until July 15, 1959 to vacate his residence because it does not comply with the building codes of Maplewood. It was stated by Village Attorney, Memmer, that certain legal problems have resulted from this action and a report will be submitted by him concerning this matter at the next regularly scheduled meeting of the Council. HAROLD L. BRATAGER - 1780 CITY HEIGHTS DRIVE: Mr. Bratager stated he is having a problem with water draining onto his pro- perty from the property located to the rear and sides of his property. Consulting Street Engineer, Ljungren, stated this problem has arisen from construction methods used by the Evans Construction Company and the DeMars Construction Company. He stated he has been in contact with them and has their assu.--ance that this sit.uation will be corrected. RICHARD R. CARLS -ON - 687 FERNDEALE AVEKJUE : Mr. Carlson stated that the sewer construction has created a drainage problem for him and rocks and materials from the ditch where the sewer was installed are washing down on his property. Village Engineer, Nelson, requested permission to inspect this problem and others similar to it for later report to the Council. WILLI.id,l ENGLEIVIAM - 11 20 RIPLEY: Mr. Englemann stated he is having a problem with excessive amounts of dust which are being raised from a temporary road easement in the rear of his property to serve several homes on Ide Street. Ide Street is not constructed but the Village has a performance bond from John E. Blomquist, Inc. in the amount of $3,375-00 for the completion of 330 feet of * Street scuti. from Ripley. LETTER TO 0T.OHN E. BLOIQUIST, INC. Berger moved that the Clerk is instructed to send a letter to John E. Blomquist, Inc., stating that the Village is going to proceed with the construction of Ide Street from Ripley for a distance of 930 feet. Schmid seconded. Ayes - all ET OILING AND GRAVE-LING IDE STRET.,T: 011\4ara moved we oil and gravel Ike Street from Frost to Ripley. Hajicek seconded. Ayes - all STATEN1ENTS FOR THE REPAIR OF COUNTY ROADS: Berger moved, Luebben seconded we authorize the payment of $851.1�9 to Ramsey County for repairs to County roads and charge against sewers. Ayes - all Berger moved, Schmid seconded we authorize the payment of $214,90 to Ramsey County for repairsro County Roads and charge against sewers. Ayes - all ORD-INANCE ACCEPTING ST. PAUL ORDINANCE: Village Attorney Memmer, presented a proposed ordinance accepting and con- curring in the Provision of St. Paul City Ordinance No- 311460. This Ordinance is of an emergency nature rendered necessary for the preservation of the public peace, health and safety. After much consideration and instruction to the Clerk to mail certified copies of the ordinance to the City of St. Paul immediately after publication, O'Mara moved the adoption of the following. ordinance: ORDINANCE N0. 77 AN ORDINANCE ACCEPTING AND CONCURRING IN THE PROVISIONS OF ST. PAUL CITY ORDINANCE N0-11460 Luebben seconded. Ayes all STATa,1ENT FOR MCAFEE-HOYT SEVvER SYSTEM: O'Mara moved, Luebben seconded payment of the $5,351-00 which is the balance due to the City of St. Paul for the Village share of grading Hoyt Avenue from Birmingham Avenue to McAfee Street; McAfee Street from Arlington Avenue to Hoyt Avenue and construction of McAfee&Hoyt sever system. Ayes - all EMERGENCY SEWER CONSTRUCTION: O'Mara moved the construction by Robert Moore Construction Co. of emergency sewer for approximately one-hundred feet on Stillwater and McKnight Road. Berger seconded. Ayes - all CIVIL DEFENCE: Tohn McNulty, Civil Defence Director for Maplewood, reported that the Civil Defence Personnel have just one precinct left in which to distribute Civil Defence literature. P1r. McNulty requested and received permission to clear purchases for minimal amounts through Trustee Hajicek. The Civil Defence Director, ivir. McNulty, was advised to contact Mr. Long of the Ramsey County Fair Association in regard to the Maplewood Civil De- fence personnel policing the Ramsey County Fair. TRAINING PERIOD FOR CIVIL DEFENCE PERSONNEL: Hajicek moved, Luebben seconded that the training perio(`? for the Civil Defence Personnel to train with the Maplewood Police Department be extended for ninety days. Ayes - all I PETITION -FOR IMPI-�`OVEIAENT - MORITZ ADDITION: The matter of the proposed petition for plant-mixed bituminous curbing along Sherren Street from Hazelwood to Barclay was discussed. The Council felt action should be taken at this time to get this project under way. Berger moved, Luebben seconded the adoption of the following resolution.- 59 - 5 - 26 BE IT RESOLV1M BY THE VILI-AGE COUNCIL OF MAPLEIiXOD, MINI,41ESOTA: 1. A certain petition requesting the improvement of Sherren Street between Hazelwood and Barclay..Street by plant mixed bituminous curbing was filed with the Council :'on May 21, 1959 is hereby declared to be signed by the re- quired percentage of owners of property affected thereby. This declaration - is made in conformance to Minnesota Statutes., Section 429.035• 2. The petition is hereby referred to Milner W. Carley & Associates and they are instructed to report to the Council with all convenient speed ad- vising 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 improvei-ant as recommended. Adopted by the Council this 21st day of Play, 1959. Ayes - all Consulting Street Engineer, Ljungren, stated he had been contacted with regard to the improvement of Sherren Street from Hazelwood to Barclay with plant mixed bituminous curbing. lie submitted the following report. 1. The proposed improvement is feasible. 2. The proposed improvement is combined with the present improvement now under way in this addition. 3. That Barclay Street from Sherren to Cope be included and made a part of this proposed improvement. 4. The total estimated cost is $1. 643-42. 5. Preliminary computation indicates an assessable frontage of approximately' 2,200 ft. 'Spreading the cost over this assessable frontage an approximate assessment of $0.68 per foot of assessable frontage will be necessary. Berger moved, Schmid seconded the following resolution: 59 - 5 - 27 WHEREAS, pursuant to resolution No- 59 - 5 - 26 of the Council adopted May 21, 1959 a report has been prepared by MilneVW. Carley and Associates with reference to the improvement of Sherren Street from Hazelwood to Barclay and Barclay Street from Sherren to Cope by plant mixed bituminous curbing, and this report was received by the Council on May 21, 1959• NOW, TI-MREFORE, BE IT RESOLVED BY TIE, VILLAGE COUNCIL OF MAPLED;9'00D, MINIZ�SOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Stats., See., 429.011 to 429.111 (Laws 1953, Ch- 398, as amended) at an estimated total cost of the improvement of $1,643-42. 2. A public hearing shall be held on such proposed improvement on the 18Th day of June, 1959 in the Council Chambers of the Village Ball at 8:OOP.M. as required by law. Ayes - all PROPOSED AMENDMENT To PLATTING ORDINANCE: Berger moved, Luebben seconded that the attorney and engineer draw up an amendment to the Platting Ordinance to require a complete drainage plan prior to approval of the plat. Ayes - all PLANNING COMMISSION: "The following is a report of a Planning Commission meeting held on May 18, 1959: Mr. Anderson, owner of a cabinet shop close to the Village Hall informally re- perted he would like to convert the office bf his cabinet shop into a second apartment and later possibly convert the balance of the building into aparements. It was suggested he develop formal plans and submit to the Council. It was later determined the zoning ordinance permits only an apartment for one family in combination with business use. As there is already one apartment in use, the conversion of space -to a second apartment could not be allowed. Mr. Lloyd Neumann owner of the barber shop on Frost Avenue also appeared with the request he be permitted to establish an apartment in the basement of the barber shop. The Commission recommends granting the necessary permit to construct this apartment with the provision there is compliance with the building code, particularly with reference to a second exit and adequate windows. After discussing the rezoning of the Meister property old White Bear Avenue batween the North St. Paul Road and Ripley Street, it is still our recommendation this be rezoned B & C, Business and Commercial. This property is one of the most desireable in the Village and fullest use should be made of it. Undesireable business could be controlled by failure to grant needed permits when requested. It was also felt if some form of a buffer could be developed along Vjhite Bear Ave. to retain the residential character of the neighborhood, this should be done. For your information the Commission elected the following officers; Chairman, Ernest Radatz; Vice Chai:bfhant Frank Rose; and Secretary, George Carlton. Yours truly, signed G.H. Carlton, Sec. NEWMANN APARTMENT REQUEST: Schmid moved, Berger seconded that; the Building Inspector be instructed to determine if the apartment proposed by Mr. Newmann to be constructed in the basement of his place of business complys with the building code, Ayes - all PROPOSED AMEDUV]ENT TO ZONING ORDINANCE: Schmid moved, Berger seconded, the authority for the Village Attorney to draw up a proposed amendment to the Zoning Ordinance setting up Buffer Zones. Ayes - all BOW AND ARROW ORDINANCE: Village Attorney, Memmer, introduced a ordinance prepared by him at the request of the council, regulating the use of bows and arrows within the Village of Maplewood. After considerable discussion Schmid moved, ano Luebben seconded toe adoption of the following ordinance: ORDINANCE NO. 78 AN ORDINANCE RELATING TO ANT-) REGULATING TEE USE OF BOWS AND ARROWS WITr-IIN THE VILLAGE OF Mk'r`LEWOOD AND PRESCRIBING PENALTIES FOR VIOLATION. Ayes - all EMPLOYEES ORDINANCE: The proposed employees ordinance was discussed an( given to the Village Attorney for review. MUNICIPAL BUILDING: 08mara moved, Schmid seconded the Mayor appoint a committee to study the feasi- bility and needs for a municipal building; the costs and structure needed and the possibility of including such a proposal on the ballot of the next municipal election. 1i Ayes - all C0NDE2vWATIQN CF BUILDING AT COUT'12Y ROAD C AND HAZELWOOD: Building Inspector, Londin, reported that the tenants in the building located. on the southwest corner of County Road C and Hazelwood are being evicted and that the owner plans to tear down the buildinf;, BCND FOR CURK: Berger moved, Luebben seconded that the Clerk be bonded for $1,,000.00. Ayes - all AUT-HQRI'f-,Y TO SIGN CHECES: Schmid moved, Berger seconded the adoption of the following resolution: 59 -5 - 28 ii "SOLVED, That the First State Bank of St. Paul be and hereby is designated the depository of the Village of Maplewood and funds deposited in said bank may be withdrawn by check when signed by Lawrence S. Olson, Treasurer, and by the other two following named officers: I 14'aldo E. Luebben, Mayor James R. Pietila, Clerk Lawrence S. Olson, Treasurer Ayes - all INSURANCE STATENMUS: Berger moved, Schmid seconded the Insurance Statements from the Overman Agency $25.82, and the Swen Anderson Agency $541. 25, be paid. Ayes - all Schmid moved, Luebben seconded the Insurance Statements from the Swen Anderson Agency and the Overman Agency be given to the Village Attorney for approval prior to payment. Ayes - all LETTER TO POST OFFICE: The Clerk is instructed to have the letter written to Senators* Humphrey, McCarthy and Representative Karth published in the Ramsey County lReview. CONSULTING STREET ENr�-TNFRRt Consulting Street Engineer, Ljungrent reported they had been requested apprmcimately one year ago by the North St. Paul- Maplewood Schb6l District to prepare preliminary plans for the construction of certain stmeta. As a result of this work the streets appeared feasible to construct, including Lakewood, from Holloway to Ripley and Ripley from McKnight Road to Mary. It was stated that construction, would begin when the need arose. Mr. Ljundgren also reported that work consisting of preliminary field data and street locations had been completed on the Kaeder plat. IMPROVEMENT NO. 2: After considerable discussion Berger moved the adoption of the following resolution: 59 - 5-29 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISMEHY2 FOR BIDS BE IT RESOLVED, By the Village Council of the Village of Maplewood, Minnesota, as follows: (1) Plans and specifications prepared by the consulting engineer for improvement No. 2 of the Sanitary Sewer Program for 1959 are hereby approved. (2) This Council shall meet at the Village Hall in the Village on Tune 23, 1959 - at 2)00 P.M. for the purpose of considering the bids and awarding a contract for the construction of said improvement. (3) The Clerk shall prepare and cause to be published in the Construction Bulletin and in the official newspaper of the Village an advertisement which shall call for bids in accordance with the plans and specifications of theiimprovement, shall state the time when tLnd the place where bids will be opened and considered,by this Council, and shall state that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, bid bonO, or certified check in the amount of five per cent of the bid. The motion of the foregoing resolution was duly seconded by member O'Mara and upon vote being taken thereon, the following voted in favor thereof; Berger, O'Mara, Schmid, Hajicek, and Luebben. And the following voted against the same!.-none Ayes - all VI LTIAGE ATT OMTEY: A letter from Elmer Wiblishauser was referred to the Village Attorney. Meeting Adjourned at 1:15 A9M$ Ali 0 Xafte-s R. Fietila, Village Clerk May 26, 195 9 A special meeting of the Maplewood Village Council was called to order by Mayor Luebben at 5 :20 P.M. Other members of the Council present were Berger, Hajicek O' Mara and Schmid; Absent: none Mayor Luebben explained this meeting was called to .investigate into the reasons for the failure of Suburban Pickup Service, a licensed garbage hauler operating within the Village of Maplewood ,, not performing the proper operation of th(bir facility and being in violation of the rules and regulations governing the operation of such facilities. The Suburban Pickup Service was sent a letter on May 25, 1959 notifying them to appear for a hearing before the Village Council of Maplewood at '-):00 P.M. Tuesday, May 26, 1959 at the Village Hall requesting them to show cause in view of the above facts and violations why their license should not be permanently revoked. Mrs. Clifford Larson, owner of the Suburban Pickup Service and Mr. Newcome, attorney for the Suburban Pickup Service presented the following information: I I (1) The two week delay in -collecting garbage in Mpplewood has been caused by labor difficulties. Two of their drivers recently terminated their employment with the firm and they have had difficulties in hiring and training new men. They also ex- perienced a strike by the drivers which lasted one week. (2) Because of the labor shortage, Mrs. Larson, who acts as the business manager of the firm was not able to be in their office during the normal working day thus causing difficulties in receiving complaints from their customers. (3) Mr. Newcome stated the Suburban Pickup Service has been operating for the past six years in Maplewood and presently handles approximately 75% of the pickup service within the Village. It was also his contention that the service given by his client has been generally good. Mayor Luebben and the other members of the Council presented the following statements: (1) They have been receiving many complaints concerning $ubbrban Pickup Service from residents of Maplewood. (2) The residents and Council members of the Village have been unable to reach the management of the Suburban Pickup Service to state their complaints or requests. (3) Many people have paid for this service in advance; are not receiving service and may want their money refunded. (4) There is no certificate of insurance on file in the Village Office. (5) The drivers are picking up burning garbage; not reporting residents who are burning their garbage and have been reported driving around the Village with the truck open and the garbage exposed. Mr. Newcome stated and requested the following: (1) The certificate of insurance has not been filed with the Village Office due to failure of their insurance agency. At this time he presented said certificate. (2) At the present date the Suburban Pickup Service is only one day behind in their collections., That they earnestly feel this situation can be corrected in the near future and that they be given thirty days to correct this situation. In the event they cannot solve this problem in this period they would not have any cause to state the revoking of their license was improper or unjust. In view of the above facts and statements Village Attornay, Memner was instructed to draw up an order of the Council allowing them to operate for fifteen days from this hearing (to June 10, 1959) and if their difficulties still persisted at this date or if complaints were still received their license would be permanently revoked. Meeting adjourned at 6:30 P.M. ames R. Pietila, Glerk June 4, 1959 The regular meting of the. Maplewood Village Council was called to order by Mayor Luebben at 7000 P.M. Other members of the Council present were Hajicek and Schmid; Absents Berger and OOMara, Hajicek moved the minutes 'of the May 21, 1959 meeting be accepted as submitted,, Schmid seconded, Ayes - all. Luebben moved, Ha }icek seconded that the minutes of the May 26, 1959 special meeting be accepted as submitted. Aye s m all KENNETH R 'LBERGERs 1866 IBB STR T Mr. Haseelbergaer stated that Village forces had out down the boulevards along Ids Street leaving a high bank which is now eroding. He asked that corrective procedures be undertaken, Schmid moved, Luebben seconded that the matter be referred to the Village Engineer to work out a possible solution with Mr. Haseelberger. Ayes - all VILLAGE OFFICE AND FIRE HALL SEWER CONNECTION s Lueebbeh moved, Schmid seconded that the Village Office and Fire Hall sewer connection be installed. ,Ayes ® all Luebben moved, Ha jicek seconded that the Village Engineering Department he authorized to make the necessary arrangements for the sewer connection. ,Ayes - all DISTRICT PLANNING COMMITTEE APPOINTMENT: Mayor Luebben appointed Trustee O'Mara as the Village representative to the District Planning Committee which is to review a proposed constitution setting up a permanent committee, NEUMANN APARTMENT REQUEST8. Building Inspector, Londin, reported on the proposed basement apartment in the Neumann Barbar Shop. The matter was laid over awaiting a proposed set of plans. M-0 ROY HUSSo 1923 LAST COUNTY ROAD Bs R ■ I ■ ■i X11 I■I ■■' � ®0lim■ 1�yiC■ At a previous meeting of the Village Council Mrs. Fuss had requested-permission to construct living quarters in a garage located on her property for her parents, Building Inspector, Londin, stated he had examined the property as instructed by the Council, left his card, but as of this time she has not contacted him, NORMAN HED, 1950 CASTLE AVENUEs HENRY W. PETERSON 1949 CASTLE AVENUES Mr. Hed and Mr. Peterson inquired about the property which is located at the North-East corner of White Bear Avenue and Highway No. 36. They requested that they be informed what type of business establishment will. be built on this pro. perty. It was agreed that if possible any plans.to construct a commercial, es . tablishment on this corner would be brought to their attention. They were also informed that any proposed commercial construction on this property would first of all have to be approved by the Planning Commission and the Council before a building permit would be granted. BASEMENT HOUSE .2230 VAN DYKE: Mr, Archie McAlister, realtor from Ste Paul, explained that his client Mr. Lusty planned to purchase the basement house located at 2230 Van Dyke. Mr. Lusty stated he proposes to live in the' structure until he can complete the super. structure. He plans on beginning construction of the superstructure immediately after he occupies the basement but would like to have approximately a three year time limit to finish the work. It was explained to Mr. McAlister and Mr. Lusty that a performance bond would be required and also an agreement which would specify the exact time limit, which was set at 18 months. This matter was referred to Village Attorney, Memmery to draw up the agreement and arrange for the performance bond. 4, J. SALWASSm, 1653 FROST AVENUEs Mr. Salwasser stated there is a drainage ditch on his property which he would like to fill with excess dirt purchased during the sanitary sewer construction last year. The dirt was piled on an adjoining neighbor0s property by mistake and without permission. The neighbor now refuses to allow the dirt to be removed. Mr, Salwasser appealed to the Council for help in securing the dirt. This problem was referred to the Village Attorney to attempt a solution, PM, LOUIS JUNGMAffi 1258 EAST COUNTY ROAD Bs Mr, Jungmann asked what decision had been made with regard to the ditch along County Road B which he had been told would probably be filled. He has excess dirt on his property he would like to use for this purpose if it is planned to fill the ditch, Consulting Street Engineer Ljungren, stated he had not received a definite answer from the County, however, he would call Mr. Jungmann-immediately when a decision was made. PROPOSED V,FoW, BUILDINGS Merle Waite, Lawrence Schwartzbauer and Roland Rider appeared for the V.F.W. Post and stated that the V,F.W, is proposing to build a 500 X 800 concrete building on English Street to be used as a meeting hall and club rooms. They requested a building permit. jj This matter was referred to the Planning Commission for report and recommendationo ROD PELTIERn 320 EAST ROSELAWN Mr. Peltier appeared before the Council, to request permission to construct a -- home which, on the basis of plans submitted, would not meet the Village Building Code minimum floor area. He felt a larger home would make it financially impossible for him to proceed. This matter was referred, to Building Inspector Londi.n for report and recommendation. PROPOSED ZONING ORDINANCE AMENDMENT At the request of the Council, Village Attorney, Memmer, presented a proposed amendment to the Zoning Ordinance which would provide for buffer type zones. The proposed amendment was referred to and recommendation to be presented to the Village Council. HEALTH OFFICER,, MRS. E. PETERSON the Planning Commission for study, report the next regularly scheduled meeting of Mrs, Peterson reported on the Ka9 Kennel situation and their application for a Kennel License. Deputy Health Officer Mrs. Peterson stated that the K -9 Kennels have done a great deal toward cleaning their building and feels it now meets Village regulations. Village Attorney Memmer stated that in discussion with the Attorney for the owner of the K-9 Kennels, Mrs. Holmgren, they plan to drop the appeal from the fine levied by the Justice Court and would comply with all rules and regulations of the Village. Memmer suggested that the fine be put on a suspended basis which would mean that sne would actually be on a one year probation. The Council agreed that this would be the best action to follow in this matter. 1208 LARK STREET o FLOODING AND DRAINAGE PROBLEM Consulting Street Engineer Ljungren stated he and the Village Engineer have prepared profiles for the street grades in this area and have made a study of the situation. However, they have not been able to determine a solution because the Village does not own property nor does it have the necessary easements which will permit the construction of storm sewers. Consulting Street Engineer Ljungren stated he will have a further report at the next meeting of the Village Council. ANDREW SHUSTERv 1222 MARYKNOLLo RE-0 PERMITS ON CRAIG STREET IN LARK PARK Mr. Shuster asked that Craig Street and that portion of Cope St. abutting his property be completed on an assessment basis. Mr. Shuster proposed to deposit the amount necessary to cover the street construction cost for each house as it is sold. The matter was referred to Consulting Street Engineer Ljungren and Village Attorney Memmer to work out an agreement with Mr. Shuster whereby a bond would be provided until September 1, 1,9599 at which time sufficient escrow money would be deposited for the graveling and dust coating of the street and an additional amount sufficient to cover the surfacing of the street would be deposited by June 1, 1960. MRJ ,,ENZ- RE.- PROPERTY ON NE,gORNER OF FROST AND KENNARD: Mr. Lenz stated that he is proposing to build a home on the N.E. corner of'Frost Avenue and Kennard Street and that it is not feasible to service this property with sanitary sewer. He requested that he be allowed to install an individual sanitary system. This matter was referred to the Village Engineer for investigation and recommenda- tion. ROBERT NEILSON_,_.16 9 LAURIE ROAD,- Consulting Street Engineer Ljungren reported on the condition of Laurie Road which abuts the property owned by Robert Neilson. Mr. Neilson had stated at a previous meeting of the Village Council that Village forces had installed an incorrect grad* on the street and dust condition caused by last years sewer construction and the lack of a stabilized base were very oppressive. Mr. LJungren stated that portion of street involved is at least one-tenth lower than it was before and not a foot higher as Mr. Neilson had claimed. Village Engineer Nelson stated that the Village 'will eventually undercut this street and construct it as they have done with other streets in the Village. Mr. Nelson stated that he would contact Mr. Neilson and explain what action will be taken in regard to Laurie Road. VACATION OF FLANDRAU STREET - SANDHURST DRIVE TO PROSPERITY ROAD: Consulting Street Engineer LJungren reported on the feasibility of vacating the portion of Flandrau Street from Sandhurst Drive to Prosperity Road. Mr. R. W, Nelson, 1706 Sandhurst Drive had requested this action at the May 21, 1959 meeting of the Village Council. Mr. Nelson owns the property which abuts this portion of Flandrau Street and because this is a corner lot he cannot build closer than thirty feet to the street line. The portion of Flandrau Street in question is not constructed. Ljungren reported that there would be approximately 12,100 square feet of property in this triangle. (Vacated part of Flandrau Street and a portion now owned by the Rothschilds on which the Village would be able to acquire a quit-claim deed) The Council decided it would be adviseable to contact Mr. Nelson and inform him that the Village would consider vacating Flandrau Street between Sandhurst Drive and Prosperity Road with the entire 30 foot easement reverting to the Village. This would enable the Village to use this 30 fe*t along with the property belonging now to Rothschilds and which could be acquired by a quit-claim deed. This property could then be sold and the money used to purchase land for recreational purposes in a more favorable site. If this action were taken Mr. Nelson would be allowed to build wAlthin 5 feet of his property line. QTR EET IMPROVEMENT NO. �2-1- CHANGE ORDER NO. 10 Consulting Street Engineer Ljungren presented the following change order dated June 2, 1959 for Street Improvement No. 59-18 ADD-* 6 each 7030" short radius bends adjacent to apron on 1211 RCP storm sewer spur to Lot 10, Block 3, Gladstone Home sites No. 2 Add $60.90 This is actual cost, Luebben movedo Hajicek seconded the ordering of Change Order No. 1 for Street Improvement No. 59.1 as recommended by the Consulting. Street Engineer. Ayes ® all STREET IMPROVEMENT NO.D-1 : Consulting Street Engineer LJungren presented the following estimates of work done by the Ray Sina Contracting Co. as of 6,00 P.M., May 29, 19598 Village Project No. Location Amount Due M 02 B-BIT-757 DeMars 5th Add. M 03 E-BIT-757 Kroiss Addition 19017.45 M 04 B-BIT-556 Moritz Addition 987,30 M o6 A-BAS-758 Kennard Street 3.N2,40 59496,70 The above total represents 90% of the amount earned to date. Luebben moved, Hajicek seconded the Consulting Street Engineeres recommendations for the above Village projects included under Street Improvement No. 59-2 be approved. Aye s - all Trustee 09Mara arrived at 2.000 P.M. PETER LON j_POPOVICH AND MARSDEN o ATTORNEYS AT LAW A letter was received from the law firm of Paterson, Popovich and Marsden stating that a very obnoxious dust condition has resulted from the construction done in the City Heights Addition. This matter was referred to the Consulting Street Engineer for a possible solution. NORTHERN STATES POWER COMPANY- CONWAY AVENUE A letter was received from the Northern States Power Company requesting permission to install a transmission Line Tower at the corner of Conway and Century Avenue on the Rosenbloom property. This matter was referred to the Village Attorney, ENGLISH STREET. SLOPE EASEMENTS,-G The Consulting Street Engineer and Village Attorney are instructed to acquire. the necessary slope easements on English Street for the correction of the right. of-way,, M§ZUTION TO BORROW J30 0000 After discussion, Trustee Schmid introduced the following resolution and moved its adoptions I -0 SOL e That the Treasurer be and is h raby authorised and instructed to borrow $300 000 for a perind of 90 (n in ty) days from the First State Bank of St. Paul and that the Mayor and tfot) Tr a s r r be authorized to axseuts the necessary instrvimento. Lu bb n secondodo Ay ® all SCOT . _ 1�OAD i 65 —= Luebben moved that the Consu.114ng Sera. t Engineer be authorized to ascertain the center line of Scotland Road innadi ,rely at Edgrartorli Stre t i4d that thb� Consulting Street Engineer and tha pillage Attorney be authorized to acquire the necessary easements td con tr : t the street to a fmll vidth t 6t 'to., rad yi.- lohmid seconded. Aea - all FROST - _ r i - Trust .Schmid stated there is a piireol of property on Frost Asnu- (acrolma from the Vr oat Meat Store) on wbi h the Gladstono Cvjwa=ity Club is inter sted in constructing a recreation arda and coununity bui, -Idi; a Mro Schmid suggested the village., contact the County in regard to tho purchana of this prop *rty® Mayor Luebben.. stated he would oonta t 1 Goodrieh of the County in regard to thin property® f/1180t i,) Schraid moved that Rayetta Hdatrom ba employed on a full time basis as of June 1 # 1959 at a sAlary of $210.00 per month and that sha bo appointed a Deputy Trean r r as of this date,, and GarAldino Nord0s appoint-meat as.A Doputy Treasurer be reacindod as of Jum, 159 19 a Hajieak seconded. Aye S - all 1 - O ' Vii OKLIM AN AVENUE i A petition by Jos ph V. Wegleitner and othar,,,v was recoived to improve Skillman Avenue between MoMenemy aiml DaBoto Streets® it was pointed out that this petition had been presented without an balm t or° s cartificate brut that the property was in the process of boing p;rbatod and will be divided thrfors tho certificate' would be rather uselose® Soh i , moved the petition on be accepted without the abstractor9a asrtifivate and that tho following resolution be adopteds 9 — 6 — 31 BE IT RESOLVED BY THE VILLAGE COUNCIL OF WLRWOOD9 MINNESOTA s le A certain petition r qu k-Ang the iRprovement of Skillman Avea between the East line of MoMenaq and the east line of Desoto Street by grading, grav ®1 bass and surfacing, fi l old with the Council on June 4y 19 9 in hereby declared to be signed by. the required, p ra nt ge of owners of property affected thereb s This deal r ti on is -mada. in conformity, to Minno St t ®t Sate 429 033 s 2. The petition is 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 some other improvement and the estimated cost of the improvement as recommended. Luebbeen seconded. Aye s - all LETTER FROM ELMER NIBLISHAUSER*R, ATTORNEY AT LAW: The Village Attorney Vas'instructed to write to Mr. Wiblishauser in regard to the condition of Kingston Street, west of Edgerton to the Soo Line Railroad Tracks stating the following factst 10- Kingston Street has never been accepted for maintenance by the Village. 2, Work done by Village Forces on this street have been for reasons of courtesy to the abetting property owners. 3. The Village.will not assume any responsibility for this street.unless the abutting property owners ask to have-the-street built under the Improvement Code which provides that the cost be assessed to abutting property owners. 40 If no petition for improvement is received your client or any of the other property owners may do as they wish with the street and if, in so doing, he creates an argument with any abutting property owner, it will be up to the property owners to settle among themselves. BER_HEARINGS; Mayor Luebben set the hearings in regard to Applications for License to sell Non- Intoxicating Malt Liquors - Application for Tavern Licenses at 8:00 P.M., Junes 18, 1959• BETTY CASH FUND: Schmid moved,.Hajicek seconded that the petty cash fund with its responsibilities be transferred from Dorothy NO Hejny to the Clerk, James R. Pietila.. Ayes - all 'pREE ORDINAN„ GE: The Clerk is instructed to draw up a statement in regard to the Tree Ordinance for the purpose of informing Village employees as to its administration. - 3Z HUICEK: Trustee Hajicek stated that Village n ®w8 is welcomed from the Ea -It Side Section of the Dispatch. Mr. Hajicek also reported that the Maplewood Polices have patrolled G*rvais and Keller Lakes with a motor boat in conjunction with the Ramsey County'Sheriff's Office. S�.IMPROVEMENT NO. 2s A petition was received for a sewer extension between County Road C and D along White Bear Avenue from Ernest Radlatz. The petition contained 27 names of property owners in the area. Trustee O'Mara moved the petition be referred to Consulting Sewer'Engineer.Kishel to investigate the feasibility of the proposed extension with the stipulation that to areas equaling 1200 feet there would be a deferred assessment. Luebben seconded. Meeting adjourned at 12:40 AoMo June 18, 1959 Afire s v all s R* Pi!itild age Clerk The .regular meeting. -of the Maplewood Village Council was called to order by Mayor Luebben at 7:00 o'clock P.M. Other members of the Council present were Berger, Hajicek, O'Mara; and Schmid. Absent:. none. Schmid moved, Hajicek seconded the acceptance of the June 4, 1959 minutes corrected as follows: FROST AVENUE PROPERTY's____GLADSTONE COMMUNITY'CLUH Change the name :Neil Goodrich .to Harold Goodrich V,A,CA,TION, OF F'LAN�DRAU STREET a SANDHURST DRIVE TO PROSPERITY ROAD: Change paragraph three as follows:. The Council decided it'would be adviseable to contact Mr. Nelson and inform him that the Village is considering the vacation of Flandrau Street between Sandhurst Drive and Prosperity Road with the entire x, (60) foot vacated street reverting to the.Village. This would be done by acquiring qg6bk claim deeds,from the property owners to then be sold by the Village and the money used to purchase land for recreational proposes in a more favorable site. If this action was taken Mr. Nelson would then be able to build :` within five feet of his property line because of the vacation of Flandrau Street. MELVIN OLSON,- 3546 RUSTIC PLACE: RE: LOTS-ON PHALEN PLACE Mr. Olson appeared before the Council to request a solution in regard to certain lots that he owns between Fenton and Frost that abut Phalen Place. He stated that when `-hese lots were platted the square footage of each was approximately 9,600 square feet hick is 400 square feet less than allowed by the Zoning Ordinance. Mr. Olson requested hat he either be allowed.to build on these lots with their present square footage or that he be allowed to proceed with the procurement of a petition requesting the vacation of the Alley between Phalen Place and Adele from Frost to Fenton. The vacation of this alley would add an additional ten (10) feet to his lots thus giving him the necessary square footage upon which structures may be constructed. Trustee Schmid moved that Mr. Olson be granted the permits subject to the receiving by the Village Office of a petition requesting the vacation of the alley between Phalen Place and Adele from Frost to Fenton, correctly completed and the approval by the Building Inspector of the proposed construction, Berger seconded. Ayes - all MARVIN ANDERSON'S 1ST ADDITION: RE: ESCROW MONEY FOR STREETS The following letter was read from the Consulting Street Engineer Ljungren: June 17, 1959 Village.Council Village of Maplewood Re: Road Escrow Marvin H. Anderson's lst Addition 'Gentlemen: We received a telephone call this forenoon fr'om Mr. Cal Hedland of Marvin H. Anderson Construction, stating that they wished to put up their cash escrow for streetand storm sewer construction so that they.may obtain building permits. As you may recall, the Village previously gave Mr. Anderson authority to perform his own grading work since he owned adequate.grading equipment. Also, since the plat was approved, t ' he Village has initiated and approved sanitary sewer improvement No. 2, which includes Mr. Anderson's addition. Our.original understanding on this addition was that the village was to construct the gravel base and storm sewer under the con- trict.as soon as Mr. Anderson has completed his grading. However, with sewer forth- coming shortly, it appears adviseable to hold this work in abevance until the sani- tary sewer is completed,' Several weeks ago, Mr. Hedland called.me regarding what might be'done to get traffic in and out of the area until the sewer is in and the village has an opportunity to get the gravel base in place. I discussed this-matter with Mr. Kishel and it appears that this period may involve 3 or 4 months. I. therefore, authorized Mr. Hedland to place several inches of Class 4 gravel on the streets to handle this traffic, I The above mentioned W�rk has been completed and Mr. Anderson is now ready to begin house construction. We would, therefore, estimate the cost of the balance of the work remaining as follows: il A. Work necessary to complete gravel stabilized base 4,660,00 B. Storm sewer construction, including catch basins, manholes, and Battle Creek outlet 140125-00 C. Bituminous surfacing, including seal coat 11,985'900 D. Bituminous curbing, including driveway entrances 7,490.00 E. Boulevard sodding 5,020000 .Total Estimated Construction Cost $43,280.00 150 %for' escrow as required by Ord. N6,53 21.640.,00 Total Escrow Deposit to Date Balance 649920*00 654. oo 59t266.00 In discussing this matter with Mr. Hedland, he asked if it would be possible for Mr. Anderson to give the Village a certified check in the amount of $30,000.00 now with the balance of $29,266,00 to be ,paid on or before August 1, 1959. 1 informed him that this was a Council matter and would have to be resolved by the Council. Should you have any further questions, do not hesitate to contact us.." Very truly yours, MILNER W. CARLEY & ASSOCIATES By Vernon L. Ljungron Mr. Dixon representing the Marvin Anderson Construction Company presented a certified check for $30_,,000,00 and requested the balance of $29,266.00 'not be required for deposit with the Village until August 1, 1959, Trustee O'Mara moved the acceptance of the $30,000.00 certified check from the Marvin Anderson Construction Company and the acceptance of a sixty (60) day note for $29,266.00. If the note is not satisfied within the specified time (60 days) all construction in the Marvin Anderson lst Addition will be halted and no further building permits will be issued. Luebben seconded the motion. Ayes - all PROPOSED PLAT - HUGHES ADDITION: Mr. James T. Hughes,, 2188 Hazelwood, presented a proposed plat which is intended to :remove his house and garage from public street right-of-way and vacate approximately the west 250 feet of Sandhurst Street between Hazelwood and Germain. Sandhurst Street (the west 250 feet) is not constructed. Schmid moved this plat be referred to the Consulting Street Engineer and.the Planning commission for review and recommendation. Trustee Berger seconded the motion. Ayes all BINGO PERMIT; RE: ST. PAUL EAST PARKS LIONS CLUB Carlton. Rust, representing the -St. Paul East Parrs Lions Club requested the granting 'of a perrdt for the Lions Club to, operate a Bingo Game. duffing the Ramsey County Fair. (July 30 "'and 31 from 4 :00 P.M. to 12 :00 and August 1 and 2 from 1:00 P.M. to 12 :00) Trustee O'Mara moved, Trustee Schmid seconded the permit be granted. Dyes - all E. M. CARTIER. 1321 FROST AVENUE: RE: PROPOSED LAUNDERETTE AT 1315 FROST __The proposed plans for a launderette to be built at 1315 Frost Avenue were discussed nd the following recommendations were presented by the Planning Commission: .�, That a plot plan be presented showing parking facilities. 2. That the building be constructed flush with the west property line. Trustee O'Mara moved, Trustee Berger seconded that a permit be issued subject to the provisions of the Building Code and approval by thb Building Inspector. Ayes - all PAT SULLIVAN. ATTORNEY FOR Ho__MIELKE._1769 WHITE BEAR AVENUE Mr. Sullivan stated that his client, Mr. Mielke, had installed a sanitary system for his residence approximately three years ago at a, considerable' expense. Since this time the Village of Maplewood has passed an ordinance requiring all dwellings abutting a street where sanitary sewer is installed to connect within a year after the sewer is made available. Mr. O'Mara stated the sewer on White Bear Avenue has been installed for about thirty years and only recently made available to Maplewood residents. It is owned and maintained by the City of St. Paul: To connect.to thisisewer would cost the property owners a excessive figure because of the necessity of tunnel under White Bear Avenue. Mr. Sullivan also stated that the sewer assessment to the City of St. Paul must be paid immediately upon application for service and this factor also is a financial hardship on his client. After considerable discussion of similar situations where property of Maplewood resi- ents abut upon streets that are served only by St. Paul sanitary sewers Trustee Berger ntroduced the following resolution and.moved its adoption: 59 -6 -32 RESOLVEDO THAT residents of the Village of Maplewood whose property abuts upon_ a street that is gerved only by a sanitary sewer owned and maintained by the City of St. Paul not be required to connect to these sewers as long as their present sanitary system is functioning correctly and presents no'health problem. These residents are allowed to do such maintenance work on their system as is necessary to keep it in working order. Luebben seconded. Ayes . all 8:00.P.M. MORITZ ADDITION IMPROVEMENT HEARING: Pursuant to due call and posted and published notice thereof, the hearing set for 8:00 -P.M: to consider the improvement of Sherren Street from Hazelwood to Barclay by plant mixed bituminous curbing was declared open by Mayor Luebben. Consulting"Street Engineer, Ljungren, reviewed the cost of the improvement and explained the advantages of a plant mixed bituminous curbing.' he following-individuals expressed their opposition to the improvement because of the xpense involved; Benjamin E. Warming, 1461 Sherren. Henry Walker, 1474 Sherren Norbert Newton, 1444 Sherren T1, .. I ,,.1 ,Exceptions, Noted: VYIl be taken care. of b owner P y /r Erc*O. Benson Benson's Grocery 1350 Frost Avenue, Exceptions noted: Basement needs cleaning, Rubbish in basement,owner will take care of. Nova Green Green's Nite Clgb 1890 Rice Street -- Exceptions noted: Need 3 compartment sink, new screen for.back door. Owner.. will take--care of ich.ard Henschell Schroeder's Dairy Store 2612 Highway 61 Exceptions noted: Need one exit sign, street number (owner will take care of..) Alvin J. Meister Hillcrest Inn 1809 Larpsheur Ave. Exceptions noted: Bare wire in fuse box(owner will take care 'of) William Miller Ferndale Dairy Store 2627 Stillwater.Road The following.letter was read from the Maplewood Police Department: Village Council Village of 'Maplewood 1900 Clarence St. St. Paul 9, Minnesota "Dear Sirs: Off Sale On, Off & Tavern Off Sale Off & On Sale. Off Sale It is the request of the•Maplewood Police Department and Fire Department, that the information-on the inspection reports for applicants for 3..2 Beer Licenses be considered before issuing licenses. In the past licenses have been issued, with instructions, for the licensee to correct any faults that were noted; however, in some cases these corrections have not been made,: We believe that at the hearing the licensee should be informed that the corrections ,ust be made BEFORE the license will be issued, • M Once the licensee has made the necessary corrections he can call the office and leave the information s.o that we may make a return inspection to varify same, In this way we feel,the purpose of the inspection has accomplished the meaning it was intended for. B° Very truly yours, L.E. Pepin Chief of Police Mayor Luebben moved the applications be granted to the petitioners subject to the ., corrections noted , by the, Police, Fire a:nd ' Health Departments. Trustee •Berger seconded. Ayes - all Matt Sack, Scandinavian Nite Club, 1740 Rice Street On, Off and Tavern Exceptions noted: Bathroom needed cleaning - basement in a mess, bed room without side exit; verk bad odor. Warned on two occasions during the, past year because people were still drinking after 1 :30 A.M. Luebben moved, Hajicek seconded that the license applications for the Scandinavian Nite flub be denied. f Ayes - all Ellen M. Hallas, Curly & Ellens Cafe, 095. Century Avenue, On :& Off Sale Exceptions noted: still remodeling, thingw;: aomiag along fine, No exit signs will comply, a large number of juveniles loiter in the cafe. Mayor Luebben moved, Trustee Berger seconded that Curly & Ellens Cafe be granted a Off Sale licence only and not a On Bale as requested. -- Ayes - all Lorraine L. Michaud, Maplewood Danceland , 339 Century Avenue, On, Off and Tavern Exceptions noted s Everything very clean but still has to put in three compartmgkA* sinks, cover on switch box missing in kitchen, leaking fuel oil in basement, loose smoke pipe, extension cord spliced for two fixtures. The bartender and the licencee were in the Maplewood Justice Court on April 25, 1959 and ward fined for furnishing beer to a minor. A report of this action was given to Trustee lfajicek for Council action,. ;Fh Trustee 0 °Mara moved we deny the license applications for the Maplewood Danceland on the basis of their conviction in Justice Court. Berger seconded. Ayes - all SUBURBAN _PICKUP SERVICE HEARING On May 26, 1959 a special meeting of the Village Council was called to investigate into the reasons for the failure of Suburban Pickup Service, a licensed garbage hauler operating within the Village of Maplewood not performing the proper operation of their facility and being in violation of the rules and regulations governing the operation of such °facilities. As a result of this meeting Village Attorney, Memmer was instructed to draw up an order of the Council allowing them to operate for fifteen days from this hearing (to June 10, 1959) and if their difficulties still persisted at this date or if complaints were still received their license would be permanently revoked. On May 27, 19:59 the following order of the Village Council was drawn by Village Attorney Memmer, and sent to Suburban Pickup Services *You were orderedd to appear before the Council of the Village of Maplewood on Tuesday, May 26, 1959 at 5 :0® p.m. You did not appear, but you were represented by Mrs. Larson and your attorney, Mr. Thomas Newcome. At that meeting, the undersigned, Attorney for the Village, was in- structed to draw up an Order of the Council allowing you to operate for 15 days or until ;une 10th, and that if your difficulties still persist, and complaints were still being received, your licence would be subject to permanent revocation." "Pursuant to the above action of the Council of the Village of Maplewood, taken on the 26th day of May, you are hereby ordered to have all of your pickup service routes functioning on a normal service basis, giving weekly pick -ups as prescribed in your agreements with you individual customers, it being understood that if by June 10th, the Council of Maplewood is still receiving complaints to the effect that you are not maintaining service as you have agreed with your customers, your license will be subject to permanent revocation," '04 Tune 11, 1959 the following letters were sent. pwAor of the Sub- uro4n Pickup Servicq and Mr. Thomas Newcome, Attorney for the Pi4o Services "You are hereby notified that as of Tune 10th, it appears from records kept by the Government of the Village of Maplewood, that you b4vo not complie4 with the Order of May 26th, a copy of which h4o been sent to your It was agreed by your company in the presence and' upon, the advice of your Attorney, Mr. Thomas Newcome, at the Special Meeting held on May 26th, to grant you an opportua*ty to show cause at that time why your service had broken down, that you would have all of your routes up to date by Tune loth, and failure on your part to so do would result in permanent revocation of your license to do business in Maplewood." "You are hereby advised that the Council will take final aot� ,o& on. Permanent revocation of your license at its regular meeting of Tune 18th, specifying the time at which you must cease operatio4so" T4e letter- sent to Mr. Thomas Newcome is as follows: "Today is Tune 11th, I called you on the phone yesterday, 'regardins Pick-Up Service, and advised you that the Village is still receiving numerous complaints. I am enclosing herewith a copy of the order that was Sent to Mr. Clifford Larson.# "I was contacted by the Mayor of the Village, and I have advised him t4at I would notify you to the effect that it appears that the order ex'ecutedon May 26th, to Suburban Pick-Up Service, has not been complied with by that,license. As matters now stand, the Council will take final 4atioA .on -Thursday, Tune 18th, setting a termination date for the license to conduct refuse pick-up service in the Village of Maplewood, now held by the Suburban Pick-Up Service* I am also enclosing herewith a copy' of" the letter sent to.your client," Deputy Health Officer, Eleanor Paterson, stated that she had received a total of fifty- one complaints concerning the Suburban Pick-Up Service* She also stated that they were still picking up burning garbage andjust recently one of their tr4aks caught fare and had g to be extinguishedby the Gladstone Fire Department, I Trostee O'Mara asked it the Deputy Health Officer had dated any of these complaints so the Council could determine if the Suburban Pick-UP Servioehas violated the terms of the. May 271 1959 order of the Council. Mrs. Peterson, Deputy Health Officer, stated that she had not dated the eompl4 nts but stated she had received a number since the Council order was drawn, Mayor Luebben asked what had been done concerning those individuals who had p4td in advance but subsequently coneelled the service, Mrs. Larson stated that all this' money had been refunded. i Mrs, Larson presented the following information to the Council (1) It is very difficult for her employees to report residents w are burning their garbage. �2 She had been informed that the Village is not enforcing the Ordi nanoe. which prohibits the burning of garbage. (3) At the present time they are completly- caught up, with their collections. (4) They would attempt to report all residehts of Maplewood who they fo4nd- . I burning garbage. Trustee Berger moved, Trustee Hajicek seconded that the Suburban Pick-Up Service bd allowed to continue their operations in Maplewood wood Ayes: Berger,, Hajicek, O'Mara, and Schmid. Abstains: Luebben. JOHN VITKOt,-ST. PAUL INVESTMENT COMPANY: —RE, STANICH HIGHLANDS Mr. Vitko asked what he had to do to get sever and `streets on Hazel from Kingston to .Ripley; Ruth from Kingston to Ripley and Ripley from Ruth to the North St. Paul Road. It was explained to Mr. Vitko that he would have to acquire a petition of th6 property puners within two-hundred (200) feet of the streets that the sewer and ,street would affecto The Consulting Street Engineer was instructed to contact Ramsey County concerning possible boulevard easements along Ripley from North St. Paul Road to Ruth. PROPOSED V. F. W. BUILDING Lawrence Schwartzbauer and two other menbers of the V.F.W. requested a building permit for their proposed Club Rooms. The Planning Commission presented the following information: 1. A setback of 10 feet from the north property line (side) 2. A setback of .5 feet from the east property line (north) Trustee Berger moved, Trustee'Schmid seconded the building permit be issued for the complete structure. Ayes all JOHN PILIA, L509 COPE AVENUE: JbE WEGLEITNER9 2108 MMMEMY ROAD O- Mayor Luebben moved John Pilla be given permission to build twenty-seven (27) feet from.the property line on the east side of Arkwright. Trustee Berger seconded this m6t"ioh',, Ayes - all ROBERTA-_ENZ -PROPOSED CESSPOOL AND DRAINFIELD: Trustee Berger moved.,Trustee Schmid seconded we deny the request by Mr. Lenz to construct a cesspool and drainfield system on his property in lieu of a connecting to the 'Sanitary sewer system. Ayes - all SKILLMAN AVENUE IMPROVEMENTs. The petition-to improve Skillman Avenue by grading and sul*fa,eing was referred back to the'-'*Consulting St:rset Engineer for further study and recommendation.. WEER PROPERTYs 411 The Consulting Street Engineer presented a, tentative plat of the Kaeder property. After considerable discussion it was referred back to the Consulting Street Engineer for further study and recommendation. SCOTLAND ROAD Consulting Street Engineer, Ljungren, presented preliminary information concerning Septland Road. This matter was referred back to him for further study and recommendation. FROST AVENUE PROPERTY: After considerable discussion Trustee Schmid introduced and moved the adoption of the following resolution: 59 6 RESOLVED, that the Village of Maplewood request of the Board of County Commissioners that Ramse,.y County convey to the Village of Maplewood the property descriked as Subject to Frost Avenue, that part of the Southwest quarter (SWJ) of the Northeast quarter (NEJ) of Section 16, Town 29, Range 22, together with that part of the Southeast quarter (SE) of the Northwest quarter (NWJ) of said Section 16, all of which lies south of the Soo Line Railway Right-of Way. to be used for recreation purposes with the understanding that such conveyance be made with a restriction for such use only, Trustee O'Mara seconded. Ayes - all EMPLOYEE ORDINANCE: Trustee Berger read the Employee Ordinance which was discussed at length by the Council and then referred to the Attorney for final drafting. STREET CREW*OVERTIDE 7r4stee Berger moved that the non-supervisory street department employees be pa time and one half for hours worked in excess of forty hours in a week effective JUne 15, 1959. Trustee Schmid seconded the motion.' Ayes - all STREET SUPERINTENDENr.SAIARY Trustee Berger moved that the Street Superintendent salary be set at $475.00 per month effective June 15, 1959. Mayor Luebben seconded. Ayes - all COUNTY BEACH REGULATIONS After. considerable discussion Mayor Luebben introduced the following resolution and moved its adoption: 59 - 6 34 RESOLIM, that the VillagO of Maplewood adopt the + ales `and � reguhlat ibns � of : asey County according to Ramsey-'.County Board Reslolution $o, 9 -1837 dated July 28, 1958 in regird to the operation and upkedp and public beac4es and lakes within "the r:- ? Village Limits Trustee Betgbr seconded the resolution* Ayes -all ERNIE RAD&Z PROPERTY: After considerable discussion Trustee Berger introduce the fallowing resolution and moved its ad opt i on i 59 -6 -35 RESOLVED, that the North One Hundred (100) feet of- the South Three Hundred Thirty -Eight and seven ",tenths (338.7) feet of the West Seven Hundred forty -four anV eighty-five :- - hundredths (744.85) feet of the Southwest Quarter (SWJ� ©f Sect ion Two (2). Town Twenty -Nine (29)t Range Twenty - ::Two (22) in the Village of Maplewood,, County of Fumsey, ' wh ch has `been appraised by i competent appraiser to 'be of the fair market value of r,, and which is hereby determined to be desirable and necessary for addition to property now owned by the Village for recreation, purposes. be purchased for the sum of 0 ; and the Treasurer is hereby authorized and directed to pay to the grantor, Ernest Radatz, upon delivery of a proper warranty deed of conveyance transferring said property to the Village of Maplewood, Luebben seconded., Ayes - all RL06UEST FROM THE VILLAGE ENGINEER E. NELSON Village Engineer Nelson requested permission to report to all Council meetingaat 10:30 p.m, between September 15, 1959 and June 1, 1960. Trustee Schmid moved, Trustee O'Mara seconded the granting of the Engineers request. POLICE OFFICER FOR ROAD CREW ;. Trustee Schmid moved Mayor Luebben seconded that Trustee Berger and Hajicek work out the necessary Apjails for a police officer to work with the road crew* Ayes - all BUIIDIM INSPECTOR: The Building Inspector is authorized to double -fee John Klune for violation of the Building Code. LETTER , TO DEVELOPER KEN DEM&RS A. SHUSTER & K. KROISS: .7, ----Trustee Schmid moved that a totter be sent: to developers Kroiss-, DeNars- and -Schustar - ,equesting cas h deposits for the road vork being done- in their developmmtas ftNuft" Mora. - second ed NEETIND ADIOURM AT 1s25 A.M. .Ju2Z,2 1959 q Ayes - all i s R. Pietila, Clerk The regular meeting of the Maplewood Village Council was called to order by Mayor Lu6bben'at 7600 P.M. Other members. of the Council. present were Trustees Berger, Hajicek# O'Mara and Schmid. Absent: ,,none, Trustee Schmid moved, Trustee O'Mara seconded that the June 18, 1959 minutes be accepted as submitted. Aye s - all SiANDIIAVIAN NITS CLtB: Mr..Matt Sack, owner of the building located at-1940 Rice Street which houses the Scandinavian Nite..Club ' asked "A ,why his -0plioation for License to Sell Non'-'Intoxicating MalfLiquors-Application for a Tavern License" was denied at the June. 18, 1959 meeting Of the Village, Council. He also stated that he was'not operating the club himself but is lea8ing it to,Mr. Harold Sax, 895 Ivy Street, St. Paul, The following information was presented to Mr. Matt Sack and Mr. Harold Sax: 1. 'On two occasions Mr. Sax was warned by the Maplewood Police concerning the sale and consumption of beer. at the club after 1:30 A.M. 2. The club wag.i'n a very messy condition and.had a bad odor when in- spected by the Maplewood Health Department. 314 Mrs Sax had b6.en'. very -uncooperative-wi-+,h the Village in previous contacts. 4j The licenses to operate this type of establishment are issued to the operator of the,,businoss and not �the owner of the building, #2 Mr. Harold Sax presented the following information to tho Council: 1. He would comply with all rules, regulations and ordinances of the Village. 2. He would clean the club and comply with the recommendations and orders of the Village Fire, HepLlth'and Police Departmentso 3. He requested the license be issued to his wife, Carle Jean Sax because. of business and personal reasons. Mr., Sax stated he would hold final re. sponsibility for the operation of the cliib. Trustee Barger moved that the licenses be issued subject to thp recommendations and orders of the Fire, Hze4lth and Police Departments that said licenses will be revoked if-kthin thirty.d4ys Mr. Saxhas not complied with the recommendations and orders of the Fire, He4lth . and 'Police Departments.,a n'd any conviction for a 0 violation will', result in the.immediate suspension of their' licenses. Mayor.Luebben sec6nded'. - Ayes Berger, ScbnLid Mara, Luebben Nays, Haiieek RALPH IMHOTB o RE di ONE DAY BEER PERMIT FOR THE ST. AGNES ALUMNI ASSOCIATION. Trustee OlMdra moved, Mayor Luebben..,seconded the granting of a one d*y beer permit to sell beer frlom.12.000 - 6.-300 P.M. on July. 19, 1959 at the Water 'Works Park'to the St. Agnes Alumni Association 'without fee. I Ayes! I all AMBROSE,K.0 139ITTON ..,RE-0 APPLICATION FOR LICENSE, TO.SELL NON-INTOXICATING -MALT LIQUORS-APPLICATION FOR TAVERN LIC,tNSE AT 139 CENTURY AVENOE Mr. Ambrose't. Britton, 177 Upper Afton Road requested a:license to operate a tavern at 339 Century 9 ' Avenue' Applicati p on to o erate-a tavern at this location was previously denied at the June-18, 1959 meeting of the'Village Council, because the license holder, a Mrs. 1#:chaud,, had ad been colnvicted in Justice Cb�rt of serving, beer to a minor. After considerable discussion Trustee,Berger moved that�Mr. Britton present to the Council at the July 16, 1959 meeting a letter ir i om Mrs. Nichaud, the previous operator' ofthe club located at 339 Century Averjue, stating she has ho interest in the,busiripas and a lease draw-h in his name from the fee ,owmer, Mrs. Linder, ';to operate a tivorn 14 her building'.located at 339 Century Avenue. This being dohe °he CO'uncil.would then n consider Mr. Britton0s application at the.JulY 30, 1959" 'meeting. Mayox° Luebben seconded. Ayes a all After conside.rable discussion and recommendation by the Maplewood Police,Department, Mayor Lu . ebben introduced and moved the adoption of.the following resolutiow 59..� 7 RESOLVED, that the Clerk of the Village of Maplewood .b®, instructed to revoke for a period of sixty (60).days any On or Off Sale License to sell Non,Intoxicating Malt Liquors or Tavern .License held by any individual ,con. ' victed of a violation of any of thd laws'-9 re . gulations, rules or ordinances of .the .State of.-Minfies , ota, Raimsey County, or, the ,Village, of, Maplewood -relating,.to the sale of the above non-inioYleating malt liquors or the operation of said tavern. Trustee Berger seconded, Ayes - all, MR* & MRS.' WILLIAM."EICH - RE.- REZONING OF THE WEST 1,251 .OP LOT. 29 BLOCK 19 MIDVALE ACRES FROM R-1 TO R-2 RESIDENTIAL (DOUBLE DWELLING) A petition was received from Mr. And Mrs.. To'ich,requesting the rezoning of.the West 1251'of1ot 29, Blodk 1, ..Midvale Acres ,,Section 2.5-Town6hip 2.9'.Rango 22 from R-1 Re I sidence Dis.til.,ot (Single 'Dwelling) to R-2 Residence. Distrip,t., '(Double, , 'Dwelling)'. Mr. Teich stated that he intends to build' a .i.double bungalow-.on this piece of p . roperty. After considerable discussion Mayor Luebben 'Set a public hearing for rezoning this piece of property at 8 :00 _P-_M_-__o_.,.Ju,1Y -3Q--,-- 1959, MR. GEORGE KLEIN RE.- REZONING LOTS 14 & 15 9�,BLOCK 2 u MINTY ,ACRES, SECTION ROM 369 TOWNSHIP 29, RANGE 22 1'. TO R-3 RESIDENCE (MULTIPLE DWELLING) Mr, George Klein asked the Council what possi'l ility there would be and what procedures must be fell ' owed to rezone the above mentioned property from R-1 Residence (Single Dwelling) to R-3 Res'idence (Multiple Dwelling). Council favor this rozoning because I,t was explained to Mr. Klein -that the 1l wo . . it w . ould create-a favorable buffer zone between a R-1 Residence (Single Dwelling) area and a M-2 Heaving Manufacturing District..,The procedures for taking a petition to rezone the property in question were also explained to Mr.'Klein. PETITION *RE: PILLING AND LEVELING DITCH ON THE NORTH SIDE OF FROST AVENUE. BETWEEN. FIANDRAU. AND 'WHI It BEAR Mr. G.K. Nelson, 1725 Frost Avenue ; Mr. H..J,.Newe,1l, 1731 Frost Avenue; Mr.,,H.,E. Holwe lj� st Avenue presented a petition requesting the Village to fill -99 2.739 0 and level the ditch on the north 'side ..of Frost- A:v0n4.e...ift,.front of 'their homes. Trustee Berger moved the Engineer be instructed top:rep4re for and proceed with the 'filling of a'ditch on the north side of Frost Avenue from White Bear ..Avenue,to approximately four lots to the West,- Mayor Ldebben' seconded. Ayes - all JAMES To HUGHES RE: PROPOSED HUGHES PLAT: At the last meeting of the Village Council this proposed plat was referred to the Planning Commission and the Consulting Street Engineer for recommendation All. and report. Both recommended the vacation,pf the West 250,3 of Sandhurst Street lying between Hazelwoo'a Avenue and Gprmai.n Street As i r6sult of the above information, Mayor Luebben hearing set a public 0 8 e a g to p nlid'r th" vacation of, ,this portion of Sandhurst Street for 8:30 P.M. Ju!Y -'30c 1959,, Trustee Berger moved that the qbnsultiftg Street Engineer prepare 'a re liminary report on the featibility of gonstructing Konnard,from C6unty,,Rb d to Si'ndhurst and Pandhurst from k6nna'rd to the proposed I cud.-dd-saa rn the proposed Hughes Addition. Mi.1for Luebben seconded. Ayes - all QOUN LY_12@ RECO�STRUCTION.- Consulting Street Engineer, L ungren9 presented the County estimates on work that has bepn dohe on County Roads within toe Village 'that were disturbed by Sewer Improvement No, 1, This matter was 1�id over for further discussion, . report and recommendation. I I EE DING ON STORM LE9 EAqEMENT.- Trustee Berger moved that the'Village Enginper take the necessary steps to seed the storm sower easement between Viking Dri ie and Gervais..Tftstse,Schmid seconded',thq motion.- Ayes - i .i WHIRLPOOL. jffW CLRPORATION REo WATER MAIN FROM LARPtNTEUR. AVENUE. TO FROST AVENUE WAREHOUSE Mr. Butler, Attorney for the Whirlpool.,.^ Corporation and Mr. Ellison, Consulting Ehginetr for the Whirlpool. .,.Corporation, stated that Whirlpool has obiained permission from the City of St.-Paul to - run a water line from the City line on Larpenteur Avenue to their Frost Avenue Warehouse. Mr.,Butler stated that ,he had received a letter trom Mr ' .,Z. Kishelq Consulting Sewer Engineer for the Village of Maplewood, ptatingthat any.agroements to construct a utility of this type should be between th'"City OfZt.'Paul an 0 1 4 the Village of Maplewood and not between a private individual or corporation and the City. Mayor Luebben moved that the Village Attorn " and Consulting'Engineer be authorized to contact the City of St. Paul. in'regand to' the constructi'on of a water main from Larp6nteur Avenue,* to the Whirlpool-Seeger Warehouse on Frost Avenue. Trustee Berger seconded. Ayes '. all OVERTIME,qQMNUT TON FOR R -TIME EMPLOYEES: Trustee Berger moved that part time workers" ,.be p4id..time and one-half for each hour worked in a)day,in excess of eight hours .. and., f o" I rm"Ie I ro"fn- nn rd provided'mll tame off -is caused by action of. f the Village and not by action of the employee. Mayor Luebben seconded e, Ayes - all PERCY M. GRESBACK, 2618 SOUTHLAWN - RE: PETITION TO BUILD GARAGE, 1 FOOT BEYOND THE BUILDING LINE OF HIS HOUSE: Mr. Gresback presented a petition signed by six of his neighbors located on the same side of the street his house is located expressing their consent for him to build a garage that would be one -foot beyond the building line. Trustee O'Mara moved, Trustee Schmid seconded permission be granted for Mr. Gresback to build an attached garage to his home that would be one -foot beyond the present building line. Ayes - all RESOLUTION TO PURCHASE PROPERTY FOR THE CONSTRUCTION OF CONWAY STREET: After considerable discussion, upon motion by Trustee Berger and seconded by Trustee O'Mara, the following resolution was adopted: 59 -7 -37 WHEREAS, the property described as: Lots 1, 2, and 3, Ellen's Grove, Ramsey County, accord- ing to the plat thereof on file and of record in the office of the Register of Deeds in and for said County. is property that will be required for the final con - struction of Conway Street as a Village State Aid Street, and, WHEREAS, The said property has been appraised by Joseph M. Bettendorf, who placed a value of at least $13,500.00 on said property, and, WHEREAS, Frederick P. NIemmer, Attorney for the Village has negotiated with the owner, Mrs. R. M. Rosenberg, through her attorney, Harold LeVander of South St. Paul, Minnesota, and had reported to the Council recommending that the said property be purchased for the sum of $15,000.00, a figure arrived at by said negotiations, NOW, THEREFORE, BE IT RESOLVED, That the Village of Maplewood purchase from Mrs. R.M. Rosenberg, the property described as: Lots 1, 2, and 3, Ellen's Grove, Ramsey County, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County. which property is hereby determined to be necessary for the construction of Conway Street, and that the said property be purchased as property necessary for the Village State Aid Road System,, said purchase to be for the sum of $15,000-00 and, That the Engineer and Attorney prepare the necessary documents for such purchase and also report same to the Minnesota State Highway Department for 90% reimbursement at the time of purchase as provided by the Village State Aid Road Statutes and regulations of the State of Minnesota. Ayes all Trustee OIDI,4ra moved, Mayor Luebben seconded the Sewer Department be authorized to purchase a pump truck from Mr. Michael Romanchuk for $900.00. Ayes - all J Trustee O'Mara moved, Trustee Berger seconded that the Village Clerk be instructed to advertise for bids per specifications from the Village Engineer for an Emergency Electric Power Plant. Ayes - all Trustee Berger moved that all salaried employees of the Village.of Maplewood be paid on the 5th and 20th of each month, Trustee Schmid seconded. Ayes - all MUNICIPAL BUILDING: Mayor Luebben stated that the Council as a whole and the Building Inspector will work jointly to investigate into the possibility for the construction of a municipal building and the possibility of including this on the December ballot. Mr. and Mrs. Donald C. Brandbold,, 1579 Grandview,, requested that the Council do something about establishing a dump for the residents of Maplewood. RESOLUTION INSTRUCTING CLERK AND ENGINEER TO PREPARE ASSESSMENT ,ROLE FOR SEWER INPROVZYENT NO. I: After considerable discussion Trustee OfIvIara introduced and moved the adoption of the following resolution: , 59 - 7 - 38 WHEREAS, a contract has been let for the .improvement of: AREA I (GLADSTONE) Bounded on the South by Larpenteur Avenue, on the North by Sextant Avenue, on the West by TH 61 and on the East by White Bear Avenue. AREA II (HILLCRT.,'ST) Bounded on the South by Yhryland Avenue, on the North by:Holloway Street, on the West by White Bear Avenue and on the East by TH 100. ARRAIII (BEAVER LAKE) Bounded on the South by Conway Avenue, on the North by Magnolia Avenue and TH 212, on the West by McKnight Road and on the East by Tfi 100 by sanitary sewers and appurtenances and the contract price for these improvements is $ and the expenses incurred for engineering, legal and road repair amount to $ so that the total cost of the improvement will be $2,300,000.00 and of this the Village of Maplewood will pay $ as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $ . 2. The Village Clerk with the assistance of the Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assess- ment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Mayor Luebben seconded. Meeting adjourned at 1:20 A.M. Ayes - all games R. Pietila illage Clerk June 23, 1959 k.special meeting of the Maplewood Village Council was called to order at 2:00 P.M. on June 23,11959 at the Village Hall, 1900 Clarence Street by Mayor Luebben, Other members of the Council present were Trustees O.'Mara and Schmid. Absent: Trustee Berger and Hajicek. Pursuant to the provisions of Resolution 59 - 5 - 29 adopted on May 21, 19599 ordering an advertisement for bids for the improve-mentdf certain areas within the Village of Maplewood by the construction of..sanitary sewers, the meeting was declared in session for the opining ning 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 I only the total bid for each project, alternates, provisions and beginning and completion dates. The following bids were received for -IMPROVEMENT #2 PROJECT #1 (PARKWAY DRIVE) Name. and Address Total ."Beginning Completion. Ac-cDmpanied of Bidder,:_ Pdt'eir Lmetti Bid: $219426.95 30 Date: days Date: 60 days By e Bid bond Construction Co,*, 5% of bid St. Paul, Minn. Barbarossa & Sons $25P175-00 30 days 365 days Bid bond Inc., St. Cloud 5% of bid Minnesota Lametti & Sons $349519-00 30 days 90 days Bid bond Inc., St. Paulo 5% of bid Minnesota Sandstrom & Hafner $209175-00 10 days 190 days Bid bond Minneapolis, Minn. 5% of bid Fuel Economy Engin- $18,884.00 10 days 60 days Bid bond Co., St, Paul, 5% of bid Minnesota Robert Moore $169928.00 30 days 90 days Bid bond St. Paul, Minn. 5% of bid F. Morettini Con- $230.427-50 10 days 45 days Bid bond struction Co., 5% of bid St. Paul, Minn, Nodland Construction $1,59530-00 15 days 40 days Bid bond C.0 Alexandria,Minn.. 5% of bid L,J. McNulty, Inver $239726.25 10 days 45 days Bid bond Grove, Minnesota 5% of bid Orfei & Mariani & $160488-30 30 days 90 days Bid bond Sons Inc., St. Paul, 5% of bid Minnesota." ro. 7ect f1 (Parkway Drive Cont ) Name- and Addre s of Bidder: . a T- ata1.,. Begyr - C6mp1..etioy�- ° Bid: Date o Date- A- cc- ompa.nied- Wol,ff Construotion C0o9 St. Paul, Minna $55 9 075 .0 85 5 days . ..� 250 days ° �.. ° Bid bond Beatson &Kelly $35a365e00 5%'of bid Contractors Inc., Ste Paul, Minnesota 20 days 40 days Bid bond 5% of bid ZMPRQ-V-.I N`, 2 :PROJECT NO. 2 (HAZELWOOD Name and _ Address, 2-f Bidder o Taotal. Be-ginning. - Completion ° - .Dates Date: A.cc.omp�nied Peter 1a $3009 0099 `-7 �B ` Constr�.ction Co,, St Paul Minn.' 3a days 2�0 days Bid bond o 8 5% of bid Barbarossa &. Sons Inc,9 St.-Cloud, $3489048-75 30 days 365 days Minnesota Bid bond 5 of bid Lametti &. Sons Inc., St. Paul $242,492005 14 d. a s 120 days 9 Minnesota Bid bond 5% of bid Sandstrom & Hafner Minneapolis, Minn, $2598270,00 10 d s � 180 days Bid bond Robert Moore $3039138.00 5% of bid Ste Pa.ulfl Minn, 60 days 400 days y Bid bond F. Mo.rettini Con- $3149775.75 5% of bid struction Co,, Ste Paul, Minn. 10'-days 180 days �' Bid bend 5%-of bid Nodland Const, Co., Alexandria 9 Minn. $202,180,00 15 days 150 days y Bid bond. Or.°fei & Mariani & $21 5% of bid Sons Incoe St. Paul, Minnesota, ,065080 30 days Deco l5 1959 9 Bid bond (Trustee Berger arrived at the meeting at this time.) .�5% of bid IOVEIENT2 d PROJECT 'and ` NO, BATTLE Name. and_ .Address. - of Bidder: T °.t`�]°. Begin g _ .G.omple.ti.on. _ Date a Date: A.c..compani.ed Peter Lamett�, e/� Cp $ 2 2,5 0 4 0 By o a ConstruAion Cb, 8 St. . Paul, Minn-. v g d4 30 days 240 days Bid band 5% of bid Project No. 3 (Battle Creek) Cont. Name. and Address. T-otal of Bidder: Barbarossa & Sons $304,440,00 Ir�c. , St. Cloud, Minnesota .Lametti & Sons, Inc. $205,961.10 St. Paul, Minnesota Sandstrom & Hafner $2849320.00 Minneapolis, Minn. - Robert Moore $2689289-50 St. Pauli Minnesota F. Morettini Con. $2639127,75 Co., St. Paul, Minnesota Nodland Construction $2149083-50 Co., Alexandria, Minnesota Orfei & Mariani & $2189792-75 Sons, Inc,', St. Paul, Minnesota .1 . Beginning Date: 30 days Completi.on. Datee 365 days This construction season. 10 days 300 days 30 days 10 days 15 days 30 days 150 days 180 days 180 days This con- struction season #3 A.ccompanied Bid bond 5% of bid Bid bond 5% of bid Bid bond 5fo of bid i Bid bond 5% of bid Bid bond 5% of bid Bid bond 5% of bid Bid bond 5% of bid Following the reading of the bids it was announced that the Council, would meet again at 5:00 P.M. on July 13, 1959 in continuation of this meeting to further discuss the bids of the apparent low bidders. Trustee O'Mara moved, Mayor Luebben seconded that the bids be referred to the Consulting Engineer and the Clerk for tabulation and report. Trustee Berger moved, Mayor Luebbe4 seconded that the Council reverse its action of June 18, 1959 in denying the application of Ellen M. Hallas for an On-Sale License at 335 Century Avenue and grant said application. 14eeting adjourned at 3.30 P-M- Ayes ® all Y IVPVV-19 `ff 41 ZYWes R. Pietila, Clerk Mayor Luebben 1900 Clarence membeis of the Absent: none. called to order at 5 :00 P.M. on July 13, 1959 at the Village Hall, Street, the continuation of the June 23, 1959 meeting. Other Council present were Trustees Berger, Hajicek, O'Mara and Schmid. Trustee O'Mara explained to the Council how th® cost to the Village of Maplewood for its share of the Battle Creek sewer extension was computed. RESOLUTION''ADOPTING ST. PAUL RESOLUTION: After considerable discussion Trustee O'Mara introduced and moved the adoption of the following resolution: 59 -7 -39 RESOLVED, that the Council of the Village ' of Maplewood does hereby approve and incept 'the Resolution of the City of St. Paul, '. aad.opted , by the Council of said City on July 10, 1959 and published July 11, 1959, as Council File No. 193132; and accepts the terms thereof as the basis for commencing construction within Maplewood of those sanitary sewers which are to be authorized and built according to the terms of the Ordinance amending St. Paul Ordinance #x,1061, ' which amendatory Ordinance is made part of said Resolution and which amendatory Ordinance has been introduced as St. Paul Council File #193131. Mayor Luebben seconded. Ayes - all AWARDING OF CONTRACTS FOR SEWER IMPROVEMENT NO. 2: Mr. Edward Kishel of Bettenbu.rg, Townsend, Stolte and Comb, Consulting Engineers for the Village of Maplewood, presented the tabulation of bids for Sewer Improvement No. 2, Projects 1, 2.and 3 with the.following recommendations: Sewer Im rovement No., 2 Pro ect No. 1 Parkw Drive 1. That this contract be awarded to the Nodland Construction.. Company, of Alexandria, Minnesota. Theirs was the low bid on Project No. l in the amount of $15, 530.00. 2. The Nodlaand Construction Company is a reputable company and has done considerable work. of this nature. .......... ..... .......,..,...,, .... Sewer Improvement No. 2 Pro oct No. ,2 Hazelwood 1. That this contract be awarded to the Nodlaand Construction Company of Alexandria,. Minnesota. Theirs was the low bid on Project No. 2 in the amount of $2020,180.00. #2 ................................ ...1.1 _- Sewer Improvement No. 2n Project No. 3 (Battle Creek) 1. That this contract be awarded to the Lametti & Sons Construction Company of St. P,,nal, Minnesota. Theirs was the low bid on Project No. 3 in the amount of $205,, 961,10. 2. The Lametti & Sons Construction Company has done similar work, for the Village of M4plewood 4nd its performance his been satisfactory. After considerable discussion and in consideration of the information presented by the Consulting Engineer, Mr. _' Kishel, Truste6 O'Mara introduced the following resolution and moved its adoption: 59 - 7 40 BE IT RESOLVED By the Village Council of the'Village of Maplewood, Minnesota, that the bid of Nodland Con. straction Company of Alexandria. Minnesota is the lowest responsible bid for tho construction_ of Project #1' (Parkway Drilrf.m I ) and the bid of said Nodland Constn'Lletion Company in the amount of $15,530.00 shall be and 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 seconded by Trustee Schmid and upon vote being taken thereon, the ,following voted in favor thereof:. Trustees Ber&r, Hajieek, OgMara, Schmid. and Mayor Luebben and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. I After considerable discussion and consideration of ,the information presented by the Consulting Engineer, Mr, Kishel, Trustee O'Mara introduced the following resolution and moved its adoption. I I 59 - 7 -41 BE IT RESOLVED By -the Village Council of the Village of Maplewood, Minnesota that the bid of Nodland Construction Company of Alexandria, Minnesota is the lowest responsible bid for the construction of Project #2 (Hazelwood) and the bid of said Nodland Construction Company in the amount of $202,180.00 shall be and 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 seconded by Trustee HaJicek and upon vote being taken thereon, the following voted in favor thereof: Trustees Berger, Hajicek, O'Mara, Schmid and Mayor Luebben and the following voted against, the same-, none Whereupon:said resolution was declared duly passed and adopted. Trustee OtMara then introduced the following resolution and moved its adoption: 59 7 - 42 BE IT RESOLVED By the Village Council of the Village of Maplewood, Minnesota that the bid of Lametti &'Sons of St. Paul, Minnesota is the low'est responsible bid ferthe con- struction of Project #3 (Battle Creek)' -and the bid of said Lametti & Sons in the amount of $2059961.10 shall be and 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 inotion for the adoption of the foregoing resolution was seconded by Trustee Berger and upon a'vote being taken thereon, the following voted in favor thereof: Trustees Berger, Hajicek, O'Mara, Schmid and Mayor Luebben and the following veted against the same: none Whereupon said resolution was declared duly passed and adopted. RESOLUTION SETTING HEARING FOR SANITARY SEWER WROW I�ZNT NQ:* I.- (ASSESSMT) After considerable discussion TrUstee 01Mra introduced and moved the adoption Of the following resolutions 1 59 -7 -43 WHERRAS, by Resolution No. 59 - 7 - 38 passed by the Council on July 2. 1959 the Village Clark was directed tp prepare a proposed assessment of the Cost of improving-, AREA I (GLADSTONE) Bounded on the 'South by Larpenteur Avenue, on the North by Sextant Avenue, on the West by TH 61 and on the East by White Bear Avenue, ARFA II (HILLCREST) Bounded on the South by Mr7land Avenue, on the North by Holloway Street, on the West by White Bear Avenue and on the East by TH 1000 AREA III (BEATER LAKE) Bqunded on the South by Conway Avenue, on the North by Mgnolia Avenue and TH 212, on the West by McKnight Road and on the East by TH 100 by sanitary severe and appurtenances, AM WHEREAS. the Clerk has notified the Council that such proposed assessment has been completed and filed in his office for public inspections NOW MWFORE 9 BE IT RLSOLVED BY THE VILLAS COUNCIL OF MAPLEWOOD 9 MINNESOTA: to A hearing shall be held on the 3rd day of August, 1959, at the Gladstone School at 7.00 P.M. to pass upon such proposed assess - ment and at such time and place all persons owning property affected by such improvement will be given 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 fo be published office in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvements Trustee Berger seconded Meeting adjourned at 6030 P-M- Ayes m all ames R. Piet�.la Village Clerk Tuly 16 , 1959 a #4 The regular meeting of the Maplewood Village Council was called to order at 7:00 P.M., by Mayor Luebben. Other members of the Council present were Trustees Berger,,Hajicek and Schmid. Absent: Trustee 011&ra. Trustee Berger moved, Mayor Luebbem seconded that the July 2, 1959 meeting minutes be approved per the following corrections and additions AMBROSE R. BRITTON • APPLICATION FOR LICENST TO SELL NON - INTOXICATING MALT LIQUORS• APPLICATION FOR TAVERN LICENSE AT 339 CENTURY AVMM: Change t Mrs. Linder to Mr's. CovIN6 .Adds This would represent a 'thirty (30) day suspension on the premises. Normally this would be a sixty (60) day suspension but in view of the fact that the violation occurred on May 5. 1959 W was not r ®parted to the Council until just recently the suspension was shortened to thirty (30) days. - Ayes - all rN YMV COWYk) -',f APPLICATION' FOR A TAVFM LICENSE AT 999 CENTURY AVENUE: Mrs., owner of the laud and building located at 339 Century Avenue, stated that Ambrose Ke Britton has decided not to apply for the licenses to operate a tavern at 339 Century Avenue. Nh's. COWeov 6 Gew introduced Andrew Duray, 299 Bates Avenue, St. Paul, who requested the application for the licenses necessary to operate a tavern at 339 Century Avenue. The Clerk was instructed to supply the necessary forms and upon their completion submit them to the police department for checking. We Cowy stated she would prefer a month to month lease being drawn on her property as she is presently attempting its sale. The Council agreed to this arrangement subject to approval of the lease by the Vikl.age Attorney. ]MIN ANDMON CONSTRUCTION COMPANY - ROAD ESCROW MONEY FOR MARTIN ANDERSON I'ST ADDITION: Cal Hedlund, representing; the Mkrvinr�Anderson Construction Company, presented a certified check in the amount of $299000.00 as the final. amount ' due for the estimated,-escrow deposit for the &ruin Anderson I'st Addition. JOHN S. LAWRENCE - REIJE,ST TO BUILD ON LOT WITH LESS THAN A 751 FRONTAGE: Mr. Lawrence appreared in regard to Lot 49 Section 16, Town 299 Range 22, Newgrens Addition upon which they would like to build but it has only a 721 frontage. It was explained to lac. Lawrence that in order to build on this lot they would have to present a signed statement from the abutting property owners stating they would not `sell them the necessary footage so their lot would meet the building requirements. LLOYD Cam- PROPOSED REZONING OF GOV'T,a LOT 2, SECTION 16, TOWN 29, RANGE 22 FROM R -1, RESIDENCE DISTRICT (SINGLE DWELLING) TO R -3e RESIDENCE DISTRICT (MULTIPLE D1EL1ZNG) : Mr..Cherne presented a petition requesting the rezoning of Gov't. Lot 2, Section 16, Town 29, Range 22 from R -1, Residence District (Single Dwelling) to R -3, Residence.. District (Mutl.tiple Dwelling)* He - presented to the Council plans of a "Luxury Apart- ment" which he proposes to build on the Property in question. A letter from Xro R0 S. Almquist, 1874 East Shore Drive, opposing the rezoning was roo.& to the Council o Trustee Berger moved, Yhyor Luebben seconded that this proposed rezoning be referred to ,the Planning. Commnission for recommendation and report. Trustee Berger moved, Trustee Ha j icek seconded that a public hearing be.set.at 8 :OOP.M. , August 6,1959.-1 in the Village Hall to consider the proposed rezoning. Ayes - all ROY PORTZ, 729 EAST _3' RD STREET - REQUEST TO BUILD ON A LOT WITH LESS THAN A 751 FRONTAGE t Mr. Portz requested permission to build on a lot 66, X 600'. Myor Luebben moved, Ttustee Schmid seconded that lure Portz be issued a building permit subject to a affidavit frrma the abutting property owners stating that they will not sell W. Portz the additional footage weeded to bring his let up to the ?5' limit and the approval of the Building Inspector. Ayes - all Eo M. GRAPE 1981 ARCADE STREET.- REQUEST TO BUILD A SINGLE DWELLING ON LAND WHICH IS ZONED LIGRT PkNUFACTURINGs Mr* Grape requested to build a single dwelling on land which is zoned Light Manu- facturing, Trustee Schmid moved,, Trustee Hajicek seconded that this request be denied,, Ayes - all GRuNDHoEFER.. 1689 BEEBE ROAD - REQUEST TO DELAY CONNECTING TO SANITARY SEWER BECAUSE OF RUMORED HIMWAY CONSTRUCTION.- W. Grum.dhoefer requested permission to delay connecting to the sanitary sewer because of proposed plans of the Minnesota Highway Department to construct a highway which would eliminate his home, Trustee Berger moved, Myor Luebben n-seconded that this re- quest by Mr,;--Grundhoefer be put on file and that the Clerk be instructed to write the Minnesota Highway Department requesting information on the proposed route of this highway, Ayes - all Mo HUMES Q PROPOSED HUM MS ADDITION STREET IMPROVENW: A petition was read requesting the improvement of Germain Street from County Road B to Sandhurst and Sandhurst from its present dead-end west to the proposed cul-de -sac in tip .proposed Hughes Addition by grading® gravel base and drainage construction, After considerable discussion Trustee Berger introduced and moved the adoption of the follow- ing resolutions: 59 - 7 - 44 WHEREAS9 It is proposed to improves Germain Street from County Poad B to Sandhurst* Sandhurst from its present dead-end West to the cul-de-sac, center of which is 300 feet West-of Germain Street by gravel base and drainage construction and to assess the benefited property for all or a portion of the cost of the improvement pursuant to Minn. Stats., Seas. 429o011 to 429a11I (Laws 1953, .'Cho 398, as amended) NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF M&PLEWOOD9 MINNESOTA That the .proposed Improvement be referred to Milner W. Carley and Associates for study and that they are instructed to report to the Council with all convenient speed advising the Council in a.pre- liminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or ii! connection with some other Improvement, and the estimated cost of the improve- ment as reconmended,, Trustee Schmid seconded* Ayes - all Vernon Ljungren, Consulting Street Engineer for the Village, reported he had made a field inspection of the site for the proposed improvement, knowing that the matter would come before the Councils and made the following recommendations-, lo That only grading, gravel base and drainage construction be considered at this time and that surfacing be withheld until sanitary sew6rs are constructed and until more houses are constructed in this area. 20 That this improvement is feasible and can be carried out as proposed* 3• That the estimated cost of the improvement plus 10% for engineering and legal is $49422000o After discussion of the Engineers report Trustee Berger introduced and moved the adoption of the following resolutions 59 - 7 - 45 WOPYAS,, pursuant to resolution No- 59 - 7 - 44 of the Council adopted July 16, 1959, a'report has been prepared by Miner W. Carley and Associates with reference to the improvement of: Germain Street From County Road B to Sandhurst Sandhurst From its present dead-end West,to the cul-de-sac, center of which is 300 feet West of Germain Street by gravel base and drainage construction and this report was received by the Council on July 169 19599 NOW TH9REFORE9 BE IT RESOLVED BY THE VIIJAGE COUNCIL OF MAPIEWOOD9 XNNESOTA: 10 The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minna Statse, Secs* 429o011 t6`429.111 (Laws 1953 the 398 as amended) at an estimated total cost of the improvement of $49422*00o 20 A public hearing shall be held on such proposed improvement on the 6th day of August, 1959 in the Council Chambers of the Village Hall at 7.30 o20lock P.Mo and the Clerk shall* give published notice of such hearing and improvement as required by law. Yhyor Luebben seconded* Ayes - all ROBERT WESTBROOK PARKSIDE FIRE. DEPARTIVENT: j Myor Luebben moved that the Parkside Fire Department be issued a one day "On Sale" license to sell non-intoxicating malt liquors on July 26, 1959 without fee. Trustee Schmid seconded. 01 Ayes - all W. W. FORD M&SOMY PREFABRICATED CIS MMSs: Mr* Ford, representing the Van-Packer Company, presented-,specifications, plans and a Underwriterag Laboratories Report concerning a prefabricated masonry chimney that he requests the Council to approve for installation in the Village* Trustee Berger moved that this matter be referred to thd Building Inspector for recommendation and report at the next meeting of the Council. Mayor Luebben seconded. Ayes - all IVMVIN O,QRILEY9. 241.1 KENNARD - STREET CONDITION ON KENNARD BETWEEN SEXTANT AND GERVAI$: Trustee Berger moved, Mayor Luebben seconded that this matter be referred to the Consulting Street Engineer for recommendation and report at the next regularly scheduled Ommail meeting* I Ayes - all GEOR(Z KLEIN - PROPOSED REZONING, OF LOTS 14 & 15 9 PaYff ACRES FROM R-1 to R-3 t A petition was received from Geroge Klein requesting the rezoning of Lots 14 & 15 Minty Acres, Section 36, Town 29, Range 22, irrom'R-10 Residence District (Single Dwelling) to R-3. Residence District (ftiltiple Dwelling) , Mr. Klein stated that he intends to build an apartment on this property, Mayor Luebben set a public hearing for rezoning this property at 7.30 P.M. on August 6. 1959, GLADSTOM CUNK)NITY CLUB s Wallace 7. l bnette, representing the Gladstone Community Club, asked what progress the Village is making in regard to developing r!vznation facilities. The various sites of recreational development and their progress we-&%e explained to Y&,, Monette, The co-operation of the Gladstone Community Club was also asked in the Village Recreation Development, SWEN ANDERSON - INSURANCE B" Trustee Berger moved the Village pay the following bills to Overman Agency for insurance from the subject to the approval of the Village A'ftorney. 1* Comprehensive Public Liability - 31rd Year Premium $284*58 2* Workmen's Compensation Advance Premium $800000 3* Comprehensive Auto Insurance In'cluding Non-Ownership and Hired Car Liability $909,40 Trustee Hajicek seconded. Ayes all CLAIMS AGAINST THX VILLAGE The .Council gave the instruction that all claims against the Village be forwarded immediately to the Village Attorney, DEPUTY HEALTH OFFICER, ELEANOR PETERSONt Mrs* Peterson stated that because of an emergency situation existing at the Maplewood Trailer Court it was necessary to call in a cesspool installer to fix a broken sewer pipe 0 f�w Trustee 011&ra arrived at this point (9:45 P.M.)* ROBERT SANDERS - JURAN & MOODY -s Robert Sanders, representative from Turan & Moody, fiscal agents for the Village present ®d a proposed agreement for the pruchase of bonds to finance the first phase of Sewer Improvement No. 2. *. Sanders stated that because of a recent change in the municipal bond market it was favorable for the Village of &plewood to issue bonds at this tim''es After considerable discussion member Schmid introduced the following resolutions and moved its adoptions. 59 -7 -46 A.RESOLUTION PROVIDING FOR THE INSUANCE AND SALE OF IleROVEWT NO. 2 9 SANITARY SEWER PROGPAM BOMS OF 1959 BE IT RESOLVED by the Village Council of the Village of Yhtlewoodq Minnesota, as follows s: WHEREAS. the Village Council of said Village has heretoforq determined to con- struct improvements consisting of a Sanitary Sewer System qLnd appurtenances thereto, WHEREAS, the Village Council has entered into contracts for the construction & Impr'ovtment Noo 29 Sanitary Sewer Program of 1959s NOW THMFORE9 BE IT RESOLVED by the Village Council of the Village of Maple- wood r Minnesota s to The Village shall forthwith issue its negotiable coupon general obligation bonds in the Aggregate principal amount of $5009000,*to be 500 In number, and numbered consecutively from I to 5009 both inclusive, in the denomination of $19000 each, dated September 1, 19599 and to bear interest from the date hereof until the principal is paid at the rate of four per cent (4,00%) per annum on all bonds maturing in the years 1962 to 19639 both inclusive, and at the rate of four and thirty hundredths per sent (4.309) per annum oil all bonds maturing in the years 1969 to 1979, both inclusive, payable September 1. 1960 and semi- annually thereafter on March 1 and September 1 in each year, plus additional interest represented by a separate set of interest coupons, at the rate of one and sixty hundredths per cent (1*60%) per annum. from September 1, 19.59 to March is 1961. Said bonds shall be payable as to principal and interest at the American National Bank of Saint Paul, St. Paul, Minnesota, and shall mature serially on September 1 in the years and amounts as follows $10,000.00 in the year 1962; $15#000,00 in each of the years 1963 and 1964; $209000,406 in each of the years 1965 and 1966; $259060.00 in each of the years 1967 to 1969, both Inclusive; $309000oOO in each of the years 1970 to 19739 both Inclusive $35 ,000.00 in each of the years 1974 to 1976, both inclusive; and in each of the years 1977 to 1979. both inclusive;, - -- --- ----- - All bonds maturing after September 1, 1969 shall be subject to redemption and prior payment at the option of the Village, in inverse order of their numbers, on September 19 1969 and on any interest payment date thereafter, at par and accrued interest plus a premium of $20a00o Thirty days prior notice of redemp- tion shall in each case be given to the bank where said bonds are payable, to Duran & Moody, Incas, 93 Nast Sixth Street, St, Paul, Minnesota, and to the last known - -holder. Holders desiring to' receive such notice must register their names, addresses and bond numbers with the Village Clerk. 2. The bonds and Interest coupons to be issued hereunder shall be in substantially the following forms. - URITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RATSEY VILLAGE OF YAPLEWOOD IFTROVEMT NO. 29 SANITARY SEWER PROGRAM BOND OF 1959 NO* $19000900 KNOW ALL FM BY THESE PRESENTS, That the Village of Phplewdod, Ramey County, Vaznesota, certifies that it is indebted and for value received promises to pay to bearer, the sum of ONE THOUSAND DOLLARS on'the first day of September., 19., interest thereon from the date _, and to pay int hereof until the principal is paid at the rate of four per cent (4,00%) per annum, interest being payable September 1. 1960 and semi-annually thereafter on the first day of J�kreh and the first day of September in each year, plus additional interest, represented by a separate set of interest coupons, at the rate of one and sixty hundredths per cent (1.60%) per annum. from September 1. 1959 to Mrch 1,, 1961, payable September 1. 1960 and lvhrch 1. 1961, in accordance with and upon presenta- tion and surrender of the interest coupons hereto attached which are in two sets, one representing interest from the date here'of to maturity at the rate of four per cent (4.00% ) per annum, and the other representing additional interest at the rate of one and sixty hundredths per cent (1,60%) per annum, for the period September 1. 1959 to March 1, 1961a Both principal and interest are payable at the American National Bank of Saint Paul, Ste 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 September 1. 1969 are subject to redemption and prior payment at the option of the Village in inverse order of their numbers, on September 1. 1969 and on any Interest payment date thereafter 'at par and accrued interest plus a premium of $20.00. Thirty days prior notice of redemption shall in each case-be given 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 $500,000, all of like date and tenor, except as to maturity, interest rate and redemptioxi privilege which bond has been issued pursuant to and in full conformity with the Constitution' and laws of the State of Ydnnesota,, for the purpose of providing money for the construction of a part of the Sewer System for the Village. and is payable out of the Improvement No. 29 Sanitary Sewer Program of 19.59 Fund of the Village, T)As bond constitutes a general obligation of theVillage, and to provide moneys for the prompt and full payment of said pAncipal and interest when the same become due the full faith and credit of said Village have been and are hereby irrevocably pied ged. IT IS WREBY CERTIFIED AND quired by the Constitution happen, and to be performed been done 9. have happened an and manner as required by 1 the Village outstanding on and delivery, does not exce debtedness, RECITED that all acts, conditions and things re. and laws of the State of'Mnnesota to be done, to precedent to and in the issuance of this bond have have been performed, in regular and..due-form.,, time aw, and this bond together with all other debts of the date hereof and the date of its actual issuance ed any constitutional or statutory limitation of in- IN WITNESS WHERKOF9 the Village of Maplewood , Ramsey County, Minnesota, by its Village Council has caused this bond to be executed in its behalf by the signature of the Mayor and Village Clerk and the corporate seal of the Village to be hereto affixed,, and has caused the interest coupons hereto annexed to be executed and authenticated by the facsimile signatures of said officers, all as of September 19 1959e Village Clerk Mayor (Foxm of Coupon) No*., - On the first day of September (March) 19 9 the Village of Maplewood, Ramsey County, Minnesota, will pay to bearer at the American National Bank of Saint Paul, St. Paul, Minnesota, the sum of for interest then due on its Improvement Noe 29 Sanitary Sewer Program Bond of 1959, NQ1$__ dated September 1, 19590 Village Clerk Mayor (On all bonds maturing after September 1,, 1969 coupons numbered 20 and higher shall also include the clause "Unless the bond described below is called for earlier rademption.19) -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 in- terest coupons shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of said officers. When the 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 providede but the purchaser shall not be required to see to the proper application of the purchase price. 40 There is hereby created a special fund to be designated as "Improvement No. 29 Sanitary Sewer Program of 1959 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 shall have been fully paid. In said fund there shall be maintained two separate accounts, to be designated as the "Conte struction Account" and the mSinking Fund Account". respectively. The proceeds of the sale of the bonds herein authorized,, less accrued interest received there- on, shall ibe credited to the Construction Account -9 from which there shall be paid all costs and expenses of making said improvements including the 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 purpose„ providedg that if upon completion of said improvements there shall remain any unexpended balance in said Construction Account, such balance shall. be trans- ferred to the Sinking Fund Account© There 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 Con- struction Account after completion of the improvement and payment of the costs thereof and all collection of the taxes herein levied,, The Sinking Fund Account shall be used solely to pay principal or interest on the bonds issued hereunders 5- It is hereby determined that no less than $325,000 Of the costs of said improvements shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the said improvements, The Village hereby covenants and agrees that it will do 'and perform, as soon as they may be done all acts and things necessary for the final and valid levy o ' 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 proceedings taken or to be taken by the Village or this Council or any of the Village officers or employeesq 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 ake all such further proceedings as may be required by law to make such assessment a valid and binding lien upon such property(, Said ass-ess- ments shall be payable in 20 equal, consecutive, annual installments the first of said installments to be payable with general taxes 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 51%*` per annum on the entire assessments from the date of the resolution leving the assessment itntil December 1, 1960® To each subsequent installment there shall be added interest at said rate for one year on all unpaid installmentso 6. To provide moneys for the 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 property taxes in said Village for the years and in the amounts as follower Year Amount Year Amount 1959 39000 1969 20 90Q 1960 510000 1970 200000 1961 -50000 1970 SR 71 209000 1962 50000 1972 259000 1963 100000 1973 259000 1964 100000 1974 2 5 9000 1965 159000 1975 2 5 0000 1966 15 9000 1976 259000 1967 150000 1977 259000 1968 209000 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 reduce the levies in the manner and to the extent permitted by 475,961(3) M.S.Ae -.1. The full faith and credit of the Village is hereby pledged for the payment of the principal and interest of said bonds. 8. The Village Clerk is hereby directed*to'file a certified copy of this resolution with the County Auditor of Ramsey Countyq Minnesota, together with such other information as he shall require, and to obtain from said Auditor a certificate that said bonds have been entered in the Auditoros Bond Register. 9. The offer of 7uran & Moody, Inc., of Ste Paulq Minnesota, to purchase 'the bonds to be issued hereunder at pay 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 OOMara, and upon vote being taken thereon the following voted ln'fa'voi thereof:: Berger, Hajioek,, OQJ%raq Schmid and Luebbeng and the fillowi' 0 ng voted against the samed none. Whereupon said resolution was declared duly passed and.adopied. PROPOSED SIGN OR]DlNgnEs: W A proposed sign ordinance was presented to the Council by the Chairman of the Planning Commission, Mr. Radatz. It was decided to hold this over until the next Council meeting so as to give the Council members ample time for study and re- commendation, AMW ..MMMT TO BUILDING, CODE -- FLOOR SPACE REQUIREMIWT FOR DUPLEXES r. Trustee Berger moved, Trustee Schmid seconded that the Village Attorney be in- structed to draw an ammendment to the building code setting the minimum square fottage of duplexes at 750 square feet per unit, ' Ayes - all SCOTLAND ROAD The f ollowing'recomendat ions were received i'n regard to the grading of Scotland Road (Ripley) from Edgerton to Bradley Street and Bradley Street from Scotland toad approximately 150 feet South from Milner V. Carley & Associates, , d-onsulting Street Engineers for the Village. 10 That the grade of Scotland Road (Ripley) be revised to eliminate the steep approach unto Fdgertono ,2* That an earth core approximately 30 feet wide be placed on Scotland Road as a foundation for the driving surface. 3. That a minimum 4" gravel stabilized-base be constructed, 4. That the :project is feasible and may be carried out as propoped, The total .eatimated cost of the project is $39482o00o Mayor Luebb6h requested that Trustee Berger and the Consulting Street Engineer further investigate this matter and submit to the Council their recommendations, XILLIN6, OF DITCHES-- SOUTH SIDE OF FROST AVENUE FROM WHITE BEAR AVENUE: TO FLANDRAU: The clerk is instructed to send Mr. G., Ke Nelson, 1725 Frost Avenue; Yw, Ho 7* NevelIg 1731 Frost Avenue and &. H. E. Holweg, 1739 Frost Avenue a letter stating that the Village is going to fill the ditch abutting their property from 12 to 15 inches below the shoulder., STORM SEWER OUTLET SOUTH SIDE OF T11#96 APPROXIM&TELY 1100 FT. WEST OF HAZELWOOD: The Village has hereby agreed to construct this storm sewer according to the specifications set forth by the Ydnnesota Highway Department. The Clerk is in- structed to keep on file the facts concerning the construction of this storm sewer, ORDINANCE NUNBZR 75.- The Village Attorney is instructed to re-write Ordinance No, 75 to read $laOO late char'ge per quarter. WATER STUDY Trustee Schmid moved that the firm of Bettenburg Townsend Stolte-and Comb be awarded a contract in the amount Of $39000000 to-study the feasibility of water for the Village of PhPlewood. Trustee Berger seconded a I Ayes - all 0 ORDINANCE NqoM. Mayor Luebben moved, Trustee Schmid seconded the adoption of the following ordinance: ORDINANCE NO. 79 AN ORDINANCE AMENDING ORDINANCE #29 ENTITLEDo QOAN ORDINANCE REGULATING Al D RESTRICTING THE HEIGHT, NUYBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES$ THE PERCENTAGE OF LOT THAT MAY BE OCCUPIMB THE SIZE OF YARD,) COURTS, AND OTHER OPEN SPACES- THE DENSITY OF POPULATION- THE LOCATION AND USE OF BUILDINGS AND LAND FOR TRADE INDUSTRY RESIDENCE9 OR OTHER PURPOSES- CREATING DISTRICTS FOR SAID PURPOSSS AND ESTABLISHING THE' BOUNDARIES OF SUCH DISTRICTS PROVIDING FOR CHANGES IN THE REGULATIONS RESTRICTIONS AND BOUNDARIES OF SUCH DISTRICTS; DEFINING CERTAIN TERMS USED HEREIN, PROVIDING FOR ENFORCEMENTn AND IMPOSING FINES AM PENALTIES FOR VIOLATIONS," Ayes - all ORDINANCE NO, 800- Trustee HaJicsk moved, Mayor Luebben seconded the adoption of the following ordinance: I ORDINANCE NO 80 R AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER TH9 AGS OF 18 YEARS ON TIE STREETS OR IN PUBLIC PLACES BETWEEN THE HOURS OF 10-000 P.M. AND 5:00 A.M., DE- FINING THE DUTIES OF PARENTS AND OTHERS IN THE CARE OF KNORS AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF, Ajyes - all ORDINANCE NO o _81 Trustee Berger moved Trustee S.chmid seconded the adoption of the following ordinance's: ORDINANCE NO, 81 AN ORDINANCE RELATING TO AND ESTABLISHING CONDITIONS OF EMPLOYZWT FOR EMPLOYES OF THE VILLAGE OF MAPLEWOOD 0 Ayes - all ORDINANCE NO o 82s Trustee 00Yhra moved, Trustee Hajicek seconded the adoption of the following ordinance, ORDINANCE NO. 82 AN ORDINANCE AN WING ORDINANCE NO, 14 ENTITLED "AN ORDINANCE ESTABLISHING AMPLMING AM REVISING THE BUILDING CODE; CREATING AND CONTINUING THE OFFICE OF BUILDING INSPECTOR p- VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHORIZED UNDER THE CODE HERETOFORE EXISTING AND REPELLING RESOLUTIONS 9 ORDINANCES OR PARTS THEREOF INCONSISTENT HEREWITH, 00 Ayes - all MISTER HIM11AND REZONING HEARING Trustee Berger moved that the Meister Highland Rezoning Hearing held on May 79 1959 be reconvened on August 20, 1959 at the Village Hall and the Clerk is instructed to notify the affected property owners, Trustee OtPhra seconded, Ayes - all NORTH ST, PAUL JAYCEES - STAY IN JOY PARK AFTER 11-000 Po MS i Trustee schmid moved, Mayor Luebben seconded that permission be granted the North St; Paul Jaycees to occupy Joy Park after 11:00 P.M. on August 8, 1959. ANDREW SHUSTERs We Andrew Shuster of Shuster, Inc., 1992 Maryknoll requested the Village refund any monk left over fromthe escrow money on Edgeview #2 Addition. We Shuster is to be informed that upon completion, of the work in Edgeview #2 any monles left will be refunded Meeting adjourned at 12 s45 P.M. JIMY 3- ?: The regular meeting of the Maplewood Village Council was called to order by Mayor J Luebben at 8:00 P.M.' Other members of the Council. prosent Were: Trustee Schmid Absent: Trustees Berger, Hajicek and O'Mara. Because of the lack of a quorum Mayer Luebk en stated that no offteial action can or will be taken until the arrival of !trustee Ha jioek at approximately 9:30 P M. 8:00 P.M. REZONING_ HEARING :_ Pursuant to due call and posted and published notice thereof, the hearing set for 8:00 P.,M. on this date to consider thq petition for -the rezoning cif: 'hest 125' of Lot 29, Block I,. Midvale Acres, Section 25v Township 29, Range 22 from R-.1 Residence District (Single Dwelling) to R -2, Residenea District (Double Dwelling,„ was declared open by Mayor Luebben, Mr,, Fred. Serbus, 1029 East Century Av nue, appeared in opposition to the proposed , rezoning. He stated that a, double bungalow would not be in keeping with the neighborhood and the proposed struc:tuOo is too large for the lot upon which it will be built., Mr. Archie Cook, 2715 Midvale Place, Mated that his home is next to the property in question ind that he is opposed to`the rezoning. Mr. Cgok stated that the p6t. itioners in this action, Mr. Arnold Teich and his wife, did not contact him in regard to this action. He also felt that a double bungalow would not be in keeping with the character of the neighborhood and that the structure would b� too large for'the lot -Veen which it will blo' built. Mayor Luebben stated t at a decision 9n this matter will. be laid over until 7:15 P.M. at the August 6, 1959 Meeting. MARVIN SCHMIDT e NORTH ST. PAUL LION13 CLUB Mr. Schmidt requested permission for the North St. Paul. Lion's Club, to operate a circus at the Ramsey County Fair Grounds on August 18, 1959. Ile explained that this is a family circus and therefore � just poft. drinks will be served. Trustee Schmid ".moved, or Luebben siconded that the North St. Paul Lien's Clubs. be given :a ane -relay p® it to hold a circus at the Ramsey County Fair Grounds oni August 18, 1959 CLARENCE ;SONTA g .. BUI ING PERMIT FOR 1860 WALTER, STREET Mr. Sontag stato& .that he had been d6lied a building perm. � for a proposed dwellting that he intends- to.conptruct at 1860 Walter Street. Building Inspector Lnndin stated he had .refused this permit because Walter Street was not are officially maintained street of the Village. 4 Mr. Sontag wAs' told that a. building permit 14ould be issued, Bub ject to an agreemeint mimed by hide,and the Village stating that �e would not ob�ect tc� the improvement of Walter Street by grading, .gravel base bituminous surfacing and sodding of the boulevard. This agreement is to be drawn by Village .attorney Demmer. #2 } . ..... ............ ,s 0 P.M� m STREET VACATION HEA G° call and published notice thereof,.the hearing set for 8x34 P M, on Pursuant to due 36 ° Feet of Sandhurst Street lying this date to consider the vacation° Streetewaseclared open by Mayor I,uebben. between Hazelwood Avenue a.nq Germano none were stated. Mayor Luebben called for objections to the prop° eedvthat� fin ldaction on this y or Lu0bben st t ��e�use ®f t�� ]��.ck _d)f a quc�ruin May matter would be taken upon the arrival of Trusted Hajicek. RE VEST FQR PAYMENT FOR REPAIR TO DRIVEWAYS AND BOUIXVA ° ° Mr. Edward A. Romano 1713 Laurie S J Ol�m�o 1°TO�J Laurs.� Rcaado Letters from Mr. . 1699 Luie Road were read requesting the Village Road and Mr. Robert W. N1elan, a the expenses incurred b _.them for re�aair to their boulevards and driveways Ay caused by seater constructio . It was decided to lay this matter ever to the next regularly scheduled meeting of the Village Council. ... ............................... ADDISON CARLSON - REQUEST TO BUILD ON LOTS THAT DO °NOT ABUTT CONSTRUCTED STREET: Olson o. e�°s of lots which dm Mr. Addison C�,�°lsmn, representing °abuilding pex°gn�.tsm build on these lasts. not abutt a dmnstructed-street It was explained to Mr. Carlson and Mr. and Mrs. Olson �°ha.t in order to build on It was also these lets a street with �, cul-de-sac would have to® einstitating proceedings t�hich explained. to them that the ir�,t�.al r�spQnsibility street lies with the property would authorize the construction of the necessary con- owners; therefore, Mr. and Mrs. Olso4 will have to take a petition for the con® struction of the street. If the petition is satilsfactory and is approved at a ,,,public g ° c hearin . ..by the Council., then building permits would be ipsugd. .. Trustee Ha jicek arrived at this point. (9 :15 P-M. ) S COWING & MR° DURAY.® APPLICATION FOR A TAVERN LICENSE AT 139 CENTURY AVENUE: MR . Mrs. Cawing presented a month to month le4se drawn on the building at 339 Century Avenu® w�hich,::had been approved by Village Attorney, Ma��ner° The Police Department report on Mr. Duray. was negative° Police Chief Leonard Pepin, st&ted that the fire ha4ards at 339 Century Maplewood Poi Avenue were still dangerous and recommendgd that the licen5�s �e withheld until they are corrected. win and Mr. Duray were informed that the licenses would be withheld until Mrs. C© g a favorable report is received from the Pplice and Health Departments. ..............._ ....... . ......... ... ........................... ....... PROPOSED ROBERT JLkLL STORE: athow representing the Robert Chuckow Cona,tr°uction Company of Mr..Gsper and Mr. St P_ York presented :prop plans for a �,,�bert Hall Store. to �e built in thelage. New , p Mayor Luebben moved, Trustee Schmid secondedo thoat this matter be Planning Corgi -ssioh for report And recmmmendati ° E.M. CARTIER m PROPOSED SECOND FLOOR TO BUILDING AL_ 1315�ROST AVENUE: Trustee Schmid moved, Trustee Hajicek seconded that Mr. Cartier be issued a building permit for the second floor at 1315 Frost Avenue subject to the recommendations of the Planning Commission and the Building Inspector. Ayes - all . .... . ....... VACATION OF SANDHURST STREET: #3 #3 Mayor Luebben reconvened the 8.,,00 P.M. hearing to consider the vacating of West 250-369 of Sandhurst Street lying between Hazelwood Avenue and Germain Street. Mayor Luebben asked again if there were any objections to this proposed vacation, Hearing none, Trustee Hajicek moved, Mayor Luebben seconded the adoption of the following resolution: 59 -7 -47 WHEREAS, The owners of more than 50% of the property abutting on the West 250.369 of Sandhurst Street lying between Hazelwood Avenue and Germain Street having filed a petition for the vacation of the street, and WHEREAS, the hearing on said petition was preceded by two weeks published and posted notice, and WHEREAS, No one has appeared to opposition to said petition', and WHEREAS, it appears for the .bests interest of the public that said street be vacated, I I NOW, THEREFORE, BE IT RESOLVED By the Village Council of Maplewood, Minnesota that the West 2500369 of Sandhurst Street lying between Hazelwood Avenue and Germain Street ,.,_be and the same are hereby vacated4 Ayes - all .......... . ...... RESOLUTION SUPPORTING MOTION OF NORTHERN STATES POWER COMPANY: After discussion and the reading of a letter from Northern States Power Company, Trustee Schmid moved, Mayor Luebben seconded the adoption of the following resolution: 5 9 - 7 RESOLVED, that the Council of the Village of Maplewood does hereby formally record its unanimous and enthusiastic support of the motion for an order rejecting the revised tariff-sheets filed by the Northern Natural Gas Company, June 26, 1959, which motion has been joined in by the Iowa Public Service Company of Sioux City, Iowa, the Northern States Power Company, the Iowa Power & Light Company, the Metropolitan utilities District of Omaha, and numerous other public utilities, both private and muni ci pal ; and, FURTHER, that this resolution is made for the purpose of notifying the Federal Power Commission of the United States, that the Village of Maplewood vigorously protests the pro- posed increases in natural gas rates, sought by Northern Natural Gas Company, since the latest of these requests is the eighth proposed increase since 19500 Ayes - all .1 .......... ................. _ - ...... . ... ...... . ...... . - 1- - . . . . . . ..... . . .. . ... ................. STREET VACATION-FIANDRAU STREET FROM SANDHURST DRIVE TO PROSPERITY ROAD: After considerable discussion and in view of the qttit claim deed which is going to be signed between the Village of Maplewood and Mr.'R.W,, Nelson, Mayor Luebben set a public hearing for the vacating of Flandrau Street from Sandhurst Drive to. a Prosperity Road on the 3rd day of September at 8*30 P.M. at the Village Hall. . . . .. .. .......... ...... .............. ....... ........ PROPOSED IMPROVEMENT ON RIPLEY STREET (SCOTLAND a2LDJ:_ After considerable discussion Mayor Luebben introduced and moved the adoption of the following resolution: 5 9 - 7 - 49, WHEREAS, it is proposed to improve-, Ripley Street (Scotland Road) from Edgerton to Bradley by grading, gravel base and drainage construction and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minn. Stats., Secs. %290011.,; to 429.111 (Laws 1953, Chapter 398, as amended) NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MARLEWOOD, MINNESOTA.- That the proposed improvement be referred to Milner W. Carley and Associates for.study and that they are in- structed to report to the Council with all. convenient speed advising the Council in a preliminary way 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. Trustee Hajicek seconded. Ayes - all Vernon Ljungren, Consulting Street Engineer for the Village, reported he had made #4 #5 site for the proposed improvement, knowing that the a field inspection of the the Council, and made the following recommendations: matter would come before rade of Ripley Street between Bradley and Edgerton be 1. That the g revised to eliminate the steep approach onto Edgerton. 2. That an earth care approximately 30 feet wide be placed on Ripley as a foundation for the driving surface. 3- That a mi nimum 411 gravel stabilized base be constructed. roject is feasible and may be carried out as proposed. 4 That th e p The total estimated cost including 10% engineer and legal fees is $3,482,00. After discussion Of the E . ngineers report, Mayor Luebben introduced and moved the adoption of the following resolution: 59 - 7 - WHEREAS, pursuant to resolution N 59 - 7 - o. as been the Council adopted July 309 1959, a report h P repared by Milner We Carley and A8sociates vrith reference to the improvement of9Q Ripley Street (ScOtland Road) from Bradley Street to Edgerton Road by gradingg gravel base and drainage construction and this report was . received by the Council on July 309 1959 NOW THEREFORE BE IT RESOLVED BY THE VILLA . GE COUNCIL OF MAPLEWOGDP MINNESOTA: 1. .1 consider the, improvement of such The Council will report and the assessment street in accordance with the repo of abutting property for all or a portion,of the cost of the improvement pursuant to m nn. Ss-9 Sees. 429.011 to 429,111 tL�fs$39��2. ®�� ter 3980 as amended) at an estimated cos 9 2 A public hearing shall be held on such improvement on the 20th day of August 1959 in the Council Chambers at '-O 0 1c lock P.M. and the Clerk shall give published 9 0 0 notice of.such hearing and improvement as required by law. Ttustee Hajicek secendedo Ayes - all given a Trustee Hajicek movedg Mayor Luebben seconded that Andrew Shuster be g3 P artial refund of $1600-00 on the money held in escrow by the Village for the Edgeview No.-2 Addition. Ayes - all Trustee Schmid moved, Trustee Hajicek seconded that the June 23rd and July 2, 1959 Minutes be accepted as submitted. Ayes - all OLD WOR1,11OUSE PROPERTY PLAT: I*yor Luebben moved, Trustee Hajicek seconded the approval of the preliminary old workhouse property plat as to streets. Ayes - all Rff PORTZ 729 EAST THIRD STREET: Mayor Luebben moved, Trustee Hajicek seconded that Kr. Portz be issued a building permit on a lot with a 66 ft. ftontage. Mr. Portz presented an affidavit from the abutting property owners stating they will not sell him additional footage. Ayes - all �-1 SUNDAY LAWRENCE - LOT 4, NEWWAkENS ADDITION: Trustee Schmid moved, 'Trustee Hajicek seconded that Mr. Lawrence be granted a building permit for Lot 4, Newgrens Addition, subject to the approval of the Building Inspector. Mr. Lawrence presented ail affidavit from the abutting property owners stating they will not sell him additional footage.to bring the front of his lot up to the 75 ft. minimum. Ayes - all RESOLUTION DIRECTING VILLAGE CLERK TO ADVERTISE FOR BIDS FOR SANITARY SEWER 1APROVEMINT F'1. 59, No. 2 Project 4, After considerable discussion Trustee Schmid moved, Trustee Hajicek seconded the adoption of the following resolution: 59 - 7 - 51 BE IT RESOLVED by the Council of the Village of Maplewood, Minnesota as follows: 1. The plans and specifications for construction of sanitary severs prepared by the con- sulting engineers for the Village, said plans and specifications now being on file in the office of the Clerk, are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed. 2. This Council shall meet at the Village Hall on the first day of September, 1959 at 7:00 o1c.1-ock P. M. CDST for the purpose of considering, bids and awarding, a contract for -the said construction. The Clerk and,.-_Engineer are to receive said bids and report to the Council. 3-. 'The Clerk shall prepare and cause to be published as required by law an advertisement which shall specify the work to be done, shall state the time when and the place where the bids will be opened and considered by this Council, and shall state that no beds will be con- sidered unless sealed and filed with the Clerk and accompanied by a cash deposit, bid bond or certified check payable to the Clerk, in the amount of 1% of the amount of the bid. Ayes - all Meeting adjourned at 11.30 P. M. DIES R. FIETILA - CLERK AU;UST 3 9 1959 Pursuant to due call and posted and published notice thereof the special meeting called this date, to consider the assessments against property within the Village of Maplewood for Sanitary Sewer Improvement No. 1 was called to order at 7 :30 P.M. by acting Mayor O'Mara. Other members of the Council present were Trustee Elerger and Schmid. Absent: Trustee Hajicek and Mayor Luebben. Trustee O'Mara stated the following principles governed the calculation of frontage for sanitary sewer assessments 1. No minimum length was set of lot frontage 2. 10,000 square feet of area equals seventy -five feet of frontage in cases where it was necessary to reduce the frontage due to an od.d shaped lot. 3. Frontage at the building set back line (30 feet back) was used in cases where the frontage or an off shaped lot was seventy -five feet or less and an increase was indicated. l{.. In a very few cases where other means did not work, any average was taken on the front and back. 5. Rectangular lots n the narrow dimention was used. 6. Where the sewer was installed on two sides of a lot an additional ten feet was charged for the side of the lot. Mayor Luebben arrived at this point. The following statements offered by Trustee O'Mara explained how the costs for the sewer improvement was calculated. 1. 236,965 feet of sewer mains were laid in the streets. 2. 69,048 feet of service connections were installed. 30 2879360.90 feet of assessable frontage. 1.1,863,292,53 from assessments against .property. 5. Because the Village as a whole benefits from the install- ation of a sewer improvement of this size approximately 20% of the total cost will be put on general taxes. Trustee O'Mara then explained that questions of interest to all residents Would be answered. Ind tvidual questions concerning assessments would be handled in the follow- ing manner: 1. All those individuals questioning their assessments are to complete the provided forms. From the information asked for on these forms, the Village Engineer will determine. whether or not your request for reduction is justified and inform you of his decision. If you are not satisified with his findings an appointment will be made for you to meet with the assessment board to further your claim. 'Deferred assessments - Those individuals wishing a deferred assessment (cases where sewer abutts unplatted farm property) are to complete the provided forms and an appointment will be made with you to meet with the assessment board. Meeting adjourned at 10:00 P.M. AUGUST 6, 19_59 R. PlETILA LI.AGE C IRRE LLAGE CF MAP LZVO0D The regular meeting of the Maplewood Village Council was called to order at 7:00 P.M. by Mayor Luebben. Other members of the Council present were Trustees Berger, O'Mara and Schmid; Absent: Trustee Hajicek. REZONING HEARING - CONTINUATION OF JULY 301 1959 REZONING HEARING TO REZON.E� THE WEST 12�51 OF LOT 29, BLOCK, 1, MIDVALE ACRFZ FROM RI-1, SINGLE' DWELLING TO 11-2, DOUBLE D1'�. ELLING IvL-. and Mrs. Arnold Teich, petitioners in the rezoning action, stated they propose to build a double bungalow on the property in question if their petition is granted. They presented plans of the structure to the Council. Mr. Fred Serbus, 1029 East Century Avenue, and Mr. Archie Cook, 2715 Midvale Place, stated their objections to the proposed rezoning. They stated that this was a single dwelling neighborhood and a double bungalow would not be in keeping with the P?esent building development. YxI. Cook stated that when he purchased his property from Mr. Teich he was told that the area would remain a R-1, Residence District (Sin(.,,le Dwelling) Trustee Berger moved, Trustee 0' Mara seconded that the petition to rezone be d.eni.ed. Ayes - all 8:00 P. M. REZONING H-EA" - SECTION 16, TOWN 299 RANGE 22, GOV'T LOT 2 FROiV1 R-1. RESIDENCE DISTRICT (SI2,-!G*[.,E D'Y1JE1.,L1NG) TO R-3, RESIDENCE DISTRICT (MULTIPLE DI.,O'ELLING) Mr. Cherne, petitioner in the action requesting the rezoning of the above described property and Mr. lack Merhead, attorney for the Cherne Agency, presented the following information in support of the petition to rezone. 1. It is their intent to construct a four-story luxury apartment on the property in question. 2. Because of the character of the property (swampy) the only economical type of structure would be an apartment building. 3- Pilings would have to be sunk to support the building. 'These pilings would not danger the water level in Lake Phalen. 4. The type of building intended. for the property would be an asset to the area and Village. 5- Off street parking will be provided for the apartment tenants. The following named individuals appeared in opposition to the rezoning: 1. H. A. Petzold - 1828 East Shore Drive 2. R. S. Almquist - 1874 East Shore Drive 3- Phillip Palmquist - 1814 Phalen Place 4. George Bradshaw - 1758 Phalen Place 5. Eric P. Koreen - 1866 East Shore Drive 6. John Gross - 1744 East Shore Drive 7. Paul Hammond - 1101 East Ripley 8. E. J. Bachman - 1700 East Shore Drive 9. Harold T. Shore - 1772 East Shore Drive 10. Lyle Swanson - 169r' Frank Street 11. Phil KorTnann - 1756 East Shore Drive 12. George Ashton - 1732 Edward Street lq. G. G. Johnson - 1759 Edward Street 14- H. T. Thernquist - 661 Geranium 15. R. E. Wirth - 1696 East Shore Drive 16. G. R. Erickson - 1109 Gorden 17. Mrs. F. Smith - 1684 East Shore Drive 18, Mrs. Pfeiffer - 1550 East Shore:. Drive The following points were stated as objections to the rezoning: 1. The apartment house would add to the allready present traffic problem along East Shore Drive. 2. A apartment house would not be in keeping with the present development of the area, 3. The construction of an apartment house would devaluate present structures in the area. 4. The property in question could best be used for park development. 5. The sinking of pilings may result in the loss of more water from Lake Phalen. In view of the opposition to the rezoning-, d-ifferences of opinions and the request by some of the objectors for more time to present their case, Trustee Berger moved, Trustee. O'Mara seconded that this hearing be continued at the August!20, 1959 meeting of the Village Council at 9.-.30 P.M. Ayes - all 8:30 P.M. - STREET IMPROVEMENT HEARING - GERMAIN STREET FROM COUNTY ROAD B TO SANDHURST AND SANDHURST FROM ITS PRESENT DEAD END WEST TO THE CUL-DE-SAC, CENTER OF WHICH Is 300 FEET WEST OF GERMAIN STREET Mrs. Leo Timmers, 1655 Sandhur8t'Avenue, asked how much the improvement would cost her. Consulting Street Engineer explained the estimated cost and how it would be.a.ssessed against the,.abutting property owners, Mayor Luebben asked if-there were any objections to the proposed improvement. Hearing none Trustee Berger moved the adoption of the following resolution ordering the improvement.- 59 - 8 - 52 WHEREAS, resolution #59 - 7 - 45 of the Village Council adopted the 161th day of July, 1959 fixed a date for a Council hearing on the proposed improvement of the following street: Germain Street from County Road B to Sandhurst Sandhurst from its present dead-end West to the cul-de-sac, center of which is iain Street 300 feet West of Genr byrgravel base and drainage construction, pursuant to Minn. Stats., Secs., 4290011 to 4290111 (Laws 1953, Ch. 398,.as amended). The area proposed to be assessed for such improvement is the property abutting on such streets, 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 69th day of August, 1959, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAPLEWOOD, MINNESOTA: 1. Such improvement is hereby ordered as proposed in Council . resolution #59 0 7 0 45 adopted July 16, 1959 2. Milner W. Carley & Associates are hereby designated as the, engineers for this improvement. They shall prepare plans and specifications for the making of such improvement. Trustee Schmid seconded. I Ayes - all PETITION TO REZONE LOTS 14 & 15, BLOCK 2. MINTY ACRES The petition to.1rezone Lots 14 & 15, Block 2, Minty Acres was not accepted by the Council since it did not have the required number of signatures. Mayor Luebben re-set the public hearing for the rezoning of Lots 14 & 15, Block 2, Minty Acres to September 3, 1959 at 7:30 P.M.,subject to Clerk receiving the petition with the correct number of signatures. OPENING OF BIDS FOR EMERGENCY ELECTRIC POWER PLANT: Pursuant to the provisions of an advertisement for bids ordered by the Council on July 2, 1959, and set for 9:00 P.M. on this date, Mayor-Luebben decelared the meeting in session for the purpose of opening bids for a emergency electric power plant. The bidders and bids were as follows: Interstate G. M. Diesel, Inc., South Clover Drive, Mpls., Minn. Kohler Company Kohler, Wisconsin Wm. H. Ziegler Co., Inc. 901 West 941th St. Minneapolis, Minnesota D. W. Onan & Sons Inc, University Ave. S. E. at 25th Minneapolis 14, Minnesota Total Bid Bid Deposit $39799050 $400.00 certified check $49313-1.0 $431.31 certified check $79750-00 $775.00 certified check $39729.20 $345,00 certified check Mayor Luebben moved, Trustee Berger seconded that the bids be referred to the Village Engineer for tabulation and report at the next regularly scheduled meeting of the Council. Ayes - all ANDREW DURAY m APPLICATION FOR TAVERN LICENSE AT 332 CENTURY AVENUE: In view of a favorable report from the Maplewood Health and Police Departments Trustee Berger moved, Mayor Luebben seconded that the application be approved. Ayes all ........ AGREEMENT BETWEEN THE VILLAGE OF MAPLEWOOD AND CLARENCE C. SONTAG.- Trustee Schmid moved, Mayor Luebben seconded that the agreement between Clarence Sontag and the Village of Maplewood be approved. This agreement releases :the pillage of Maplewood from construction or maintenance of street and agreement for and street construction. Ayes o all PROPOSED ROBERT HALL STORE m NORTH ST., PAUL ROAD AND WHITE BEAR AVENUE: A'f'ter the reading of a. faverabll report from the Maplewood. Planning Commission XAyor Luebben moved, Trustee Schmid secgftded that a building permit be granted �.lubject to the recommendations of the PlAn,ning Commission and the approval of the Building Inspector, Ayes a all .... ..............................._..,,..,.......... ............................... UIREMENTS FOR.... SANITARY SYSTEMS WHERE SANITARY SEWER WILL BE AVAILABLE 11N#1Ut1 YMlU1J 21�' TIME: t Mayyor Luebben: instructed Trustee O'Mara and the Village: En neor,N.elo ®n, _.te cons � t V,th Consulting.Village Engineer, Edward Kish ®1, as to.recommendAti:ons for temperary individual sewage disposal systems, .. PROPOSED SECOND STORY TO BUILDING AT 131J.FROST AVENUE, �. Trustee Berger moved, Mayor Luebben.seconded that the building permit for the second story, to the building at 1315 Frost Avenue be approved subject to the recommendations of the Maplewood Planning Commissions and the approval of the Building Inspector°, Ayes ® all ORDINANCE NUMBER 83s Trustee O'Mara moved, Mayor Luebben seconded the adoption-of the,following ordinance: ORDINANCE NO. 83 AN 'ORDINANCE AMENDING ORDINANCE NO. 59,. AS AMENDED BY ORDINANCE NO. 75 :. Ayes o all PURCHASE OF LAND FOR STREET RIGHT- OF -WA-k ,CARLTON STREET: After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution: 59 -8 -'53 WHEREAS, the Village Attorney and Joseph Bettendorf, Appraiser, reported to the Council that the right of way required for Carlton Street herein after des.. aribed was of the fair and full market value of $1800000 and, Ma WHEFJEAS, the property herein and after described is necessary for the cpnp, ction of Parlton Street which will be a minucipal State Aid Street is•neces 417 future developpiont , NOW, THEREFORE, BE IT RESOLVED THAT THE Village does hereby purchase the PrPperty described as all that part of: The 52/3 of the Wl /2 of the 'E3/4 of the SW1/4 of tie NE1 /4 of Soo. 36, T29N9 R�2W, Ra�pey County, Minnesota lying within a strip 80 ft. in width the centerlinO -of which is described as follows Beginning at pL poi nt on the North line Ot said Seca 36, 40 ft. West of the East' line of the West '1/2 of the East 3/4 of the Northwest V4 of the Northeast; /4'of said Section 36; thence South parallel and 4O ft. West of I Maid Eaoi ' line 324.45 ft.; thence on a curve to the line (central. ,angle of 14 000 t 4pd radius of 2864.79 ft.) 700 ft; t hence South, �4 °001 West 226,55 ft. thence on a curve to the left (central angle 14000 and rad4s o� 2864,79 ft.) 700 ft; thence South 650 fte to a pQ nt on the Northerly right of way line of Conway Avenue, said point being 265 ft. West of 'the East line of the W1 /2 of the E3/4 of the SK/4 of, sod Sects an f, and 55 ft, North of the North of the South lino of said NZJ/ and there terminating. AN , that the Village Attorney be and is hereby authorized to obta# from the A er.. of said Property' a permanent street easement for the consideratten of 00„00 4nd the Treasurer is hereby authorized and directed to issue his choo checkm in the amo'upt of $1800,00 in payment for said easement. AN , furt4er that the Clerk is hereby authorized and instructed to Prep4re the jIM essary, �nvpp qe and other instruments necessary to obtain from the Sate of esota the qMpnt of 90% of the sum herein authorized and said reIMbursement O be ob�A,rv�a� Pent provided by Statutes under the laws relating to ,gp icipal State Aid Street' Program. TPRotee Schmid secpndede- Ayes m all � NARD`STREET IMPROVEMENT° i�Ci i .s �. 1,i {er cQ,,,si ex°a1 __sa.on.,J : Thus . ee Berger° int�rod�iced. 4nd, moved•- tho ado tion 1. = . {_ 5 1 t. .S. 1 �'d x ?. .. �.- i �. r.� t.. c" i ! the fQ'l owing regolutiona 59 . .8 m 54 WHEREAS, a contract has been let for the improvement of Kennard Street fppm Fros,t Avenue ;. Oquth Rosewood by grading, gravel base and bituminous sUrfaci.ng the contract pxioe for such improvement is $10,173.83 and the expenses incurred to be incurred in the making of said improvement will be $1,017.38 and of this Village will pay $00.00 as its share of the cost, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPL'$WOOD, �,'FNESOTA: 1. The cost of such improvement to be specially assessed is hereby 4pplared to be $11, 191.216. th r ;� 2, The Village Clerk, with the assistance of the Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without thou: rqI' and to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the :.Council thereof . r Trustee Schmid seconded. Ayes - all In anticipation ation of the Council directive to prepare the assessment role for the Kennard Street improvement the proposed assessment role was presented to the Council. After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution: 59 -8'55 WHEREAS, by Reselutien No. 59 '- 8 - 5'Y passed by the Council on August b, 19599 the Village Clerk was directed to prepare a proposed assessment of the cost of improving Kennard Street from Frost Avenue to South Rosewood by grading, gravel base and bituminous surfacing, AND WHEREAS, the Clerk has notified the Council that such proposed ...assessment has been completed and filed in his office for public inspectie , NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL,OF MAPLEWOOD, MINNESOTAs 1. A hearing shall be held on the 3rd day of September, 1959 in the :pillage Hall at 9:30 PX to pass upon such proposed assessment and at such giver: and p2Ace all persons owning property affected by such improvement 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 t proposed osed assessment to be published once in the official newspaper at least P two weeks prior'to the hearing, and he shall state in the notice the total cost of the improvement. Trustee Schmid seconded. Ayes - all MINNEHAHA HIGHLANDS IMPROVEMENT: After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution: 59 -.-.8 - 56 WHEREAS, a contract has been let for the improvement ef: Bush Avenue from the West edge of Minnehaha Highlands Addition to Bartelmy Lane Meyer Street from Bush Avenue to East Seventh Street South Side of East Seventh Street From West edge of Minnehaha Highlands Addition to Bartelmy Lane Eastr'.Seventh Street from Bartelmy Lane to Sterling Avenue Sterling Avenue from Mary Street to East Seventh Street Bartelmy Lane from Minnehaha Avenue to East Seventh Street Mary Street from Minnehaha Avenue to Bartelmy Lane by bituminous curbing and the contract price for such improvement is $5,28065, and the expenses incurred ixi the making of said improvement amount to $5280079 so that the total cost of the improvement will be $59808.72; and of this cost the Village will pay $00.00 as its -hare of the cost, .NOW THEREFORE* BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The'cost of such improvement to be specially assessed is hereby declared to be $5,808.72. 2. The Village Clerk with the assistance of the Village Engineer shall forthwith calculate the proper amount to be specially assessed for. such improvement against every assessable let, piece or ppx°cel of land within the district affected, without regard to cash valuation, as proVi.ded by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof4 Trustee Schmid seconded. Ayes - all In anticipation of the Council directive to prepare the assessment role for the Minnehaha Highlands improvement the proposed assessment role was presented to the Council. After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution: y. 59 8 57 � WHEREAS, by Resolution No, 5g - 181'passed by the Council on August 6, 1959 the Village Clerk was directed to prepare a proposed assessment of the cost improving: Bush Avenue from the West edge of Hinnehaha Highlands Addition to Bartelmy Lane Meyer Street from Bush Avenue to East Seventh Street South side of East Seventh Street from West edge of Minnehaha Highlands Addition to Barter Lane East Seventh Street from Bartelmy Lane r:th eSev ®VStr ®et Sterling Avenue from.$ary Street to Bartelmy Lane from kinnehaha Avenue to East Seventh Street Mary Street from Minnehaha.Av nue,to Bartelmy Lane by'bituminous curbing, AND WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD* MINNESOTX.- 1. A hearing shall be held on the 3rd day of September, 1959 in t tim® Village Hall at 9:00 P.M. to pass upon such proposed assessment and at sudh and P lace 411 persona owing property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The Village Clerk is hereby directod to caul® a notice of the hearing.oM the proposed assessment to be published once in the official newspaper or to the hearing, and he shall state in the notice the total at least two week pri cost of the improvement. Trustee Schmid seconded. Ayes o all C0NWAY AVENUE IMPROVEMENT: abl discussion Trustee Berger introduced and moved t e adoption'' After consid ®r 4 -� of the following resolution: z 59 -8 -.58 WHEREAS, a contract has been let for the improvement of Conway Street from a point 2000 feet East of McKnight Road to Ferndal Avenue by din and,, ravel base construction and the contract price for such impr - gra g g ad in the making meat is $37,442.38 and the expenses incurred or to be incurr of said improvement amount to $x,160.26, so that the total coat of the improve pasveo ment will.be $41,602°64; and of this cost the Village will pay $29,445.67 its share of the cost, Md THEREFORE, BE IT RESOLVED BY TIME VILLAGE COUNCIL OF MAPLEw00D, MINNESOTA 1. The.cost of such improvement to be specially assessed is hereby declared to 'be, $12,156,974 The'Villa a Clerk, with the assistance of the Village Engineer shall 2. g forthwith calculate the proper amount to be sp ®cilly assessed for such improvement against every, assessable lot, .pi(ece or parcel ®f land a d he shall file copy of without regard to call valuation, as provided by law, an such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the council thereof* Trustee Schmid seconded* Ayes m all .of the Council directive to prepare -the assessment role f©r� the In anticipation to the Conway Avenue improvement the proposed assessment role was presented Council. After considerable discussion Trustee Berger introduced-and moved the adoption of the following resolution: 59 - 8 - 59 WHEREAS, by Resolution No. 59 - 8 - 55, passed by the Council on August 69 1959 the Village Clerk was directed to prepare a proposed assessment of the cost of improving Conway Street 2000 feet East of McKnight Road to Ferndale Avenue by grading and gravel base construction, AND WHEREAS, the Clerk has notified the Council that such proposed assess- ment has been completed and filed in his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOM, MINNESOTA 1. A hearing shall be held on the 3rd day of September at 9:15 P.M. to pass upon such proposed assessment and at such time and place.all person's 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 news- paper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. Trustee Schmid seconded. Ayes ® all NORTH GLEN STORM SEWER IMPROVEMENT: After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution: WHEREAS, a contract has been let for the improvement of the property within the North Glen Subdivison to the Village of Maplewood by the construction of-Storm Sewers and the contract price for such improvement is , and the expenses incurred or to be incurred in the making of said improvement amount to 9 so that the total cost..-of-.the improvement will be e and of this cost the Village will pay as its share of the cost, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $2000'. 600. 2. The Village Clerk, with the assistance of the Village Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable let, piece or parcel of land within the- district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The Clerk shall, upon the completio\�\ f.s proposed notify the Council thereof, ' ,f -.uch osed . ; p P assessment, 4yor .14ebbon seconded. Ayes - all In anticipation of the Council directive to prepare the assessmen t role for the North Glen Storm Sewer Improvement the proposed assessment role the C ®until. After discussion Trustee Berger introduced and was presented to of the following resolution: moved the adoption 59 -8 -61. WHEREAS, by Resolution No. 59 - 8 a August 6, 1959 the Village Clerk was directed � pro�areba the Council On the cost of improving the property in the North Glen Subdivision to the assessment Village of Maplewood by Storm Sewer Construction, to the AND WHEREAS, the Clerk has notified the Council that such proposed assessment has been cOmpletect; and filed in his Office for public inspect. ®d P ell, Nadi THEREFORE, BE IT RESOUED BY THE VILLAGE COUNCIL OF P MINNESOTA: MA LEWOOD, ' I. A hearing shall be held on the 3rd day Sep 9 :45 P.Mo to pass upon such PrPpsoed assessment and ate such tti mber, pl at all persons owning property affected by such improvement will be iv place opportunity to be hoard with reference to such assessment, given an 2. The Village Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published Once in the of news- paper at least tow weeks prior to the hearing, and he shall statefin *th news - the total cost of the improvement, a notice )kyor Luebbe'n seconded. ........... ....1.,..... Ayes 111.1. UNLAWFUL PROCURNT OF BLACKTOP FROM VI GE STREETS: Mir. Peter Morita, Village Street Foreman, reported that a Mr, Alfred 407 Eldridge, to ®k black top from Eldridge Street for hied 1 red J. Fischer, was instructed to swear out a Warrant against Mr, Eldridge for ®the.unla Morita procurement Of Village owned blacktop, lawful Meeting adjourned at 1 :15 A. M. J as A. Pietila, Clerk W I August 20. 1 59 The regular meeting of the Maplewood Village Council was called to.'order at 7:44 P.M... by Mayor Luebben. Other members of the Council present were Trustees Berger, Hajicek, O'Mara and Schmid; absent: node _ . ............._...,. _.. _..._.,_ _......._.., .. EDWARD R. KELL m AGREEMENT RELATING TO THE USE OF CERTAIN REAL STATE IN THE VILLAGE: i Mr. Edward Kell requested a building permit for a bathroom additimh on the structure located at 515 Farrel.. Building Inspector Londin stated he had refused to approve the application for a'building permit for the following reasons: 1. The location of the structure on its lets was such that there was a possibility of a.second structure being built at a later date. 2. The present structure dines not conform with the minimum standards of our Building Code. Before a building permit would be issued...Mr. Kell was instructed to have an agree.. Mont drawn with the Village'o. Maplewood, approved by the Village'Attorney, stating the following: 1.' A second structure would not be constructed on the property in question as long as the present structure lwas in existence. 2. The agreement is to be filed with the County Register of Deeds. BEE, BE LABORATORIES v SEWER ASSESSMENT: Mr. Fairbanks, representing the Beebe Laboratories presented a letter to the Courwil from Mr. Moore, President of Beebe Laboratories, requesting review of the decision' Of the Board of Assessment in regard to their assessment for sanitary sewer. Mr. Fairbanks stated the following points of contention in regard to their assessment: ., . The problem of whether �t is mechanically feasible for Beebe L4borattories to use this sewer should be fa, ,tually evaluated. . The rights of Beebe to �se their present sewer system should be considered, 3. A review of the method used in figuring the Beebe assessment should be made. Trustee Berger moved, Mayor Luebben seconded that the matter of whether or not Beebe Laboratories are required to connect to the sanitary sewer system be referred to Trustee O'Mara. Ayes - all Trustee O'Mara stated that the Minnesota Plumbing Code states that structures that are able to be served by sanitary sewer must connect within a reasonable-,period of time and this time limit h4s been defined as a period of one-year. It was. also explained to Mr. Fairbanks that a... review. of_. the. a,aaaaament to Beebe Laboratories would be made if they could present a signed statement from a'qualified and registered engineer stating it was impossible for the buildingalocarted on the Beebe Laboratory property to connect to the sanitary sewer. E. H. WAHLBERG - 1745 NORTH HOWARD,,.- AVENUE ° :, Mr..Wahlberg rfquost*A of the Coua dil thati he; be allsWed,..to .-delay connecting t© the Banitaxy a Vim. because of proposed ighway construction that would eliminate his home* The Clerk was iustrac to put this request on file and inquire of ' the 'Highway, Tkpartwnt� ,ef aoy .plans or highway construotioi, within the Village. ................... 840 F' ..wx ' MRSTER H NDS REZONING I aw ( CONTINUATION OF MAY 79 1959 xEA UNG) PureViaht to due oall' and posted an4 published notice thoreaf, the continued hearing of 1959 to consider the rezonin g of: • All of Block 1, Mailter�s Highland, Randy County, Minnesota not already zone Business and Commorcial (this property is ; boundod ,by iw,te Bear Avenue on the West, Ripley Avenue on tho'North'and North,st. Paul Road on the Southoast). frees . •l, Residence District (Sang ;e Dwelling) to BC, ,B�siness ark Commercial District, was declared open by'Mayer Luo'bben: Village Clerk, Piotila, stated he had sent to all those name .a on the abstracters certificate and ob jecters' at, tie Xv 7, 1959 meewting eeL gopy of Ordinance` No. 79' which establishes a Biffer "sZone C14asification to the Zoning Ordinanoo. The notice of continued hearing-was also included in the communication to the above mentioned individuals. Trustee Berger stated hat the Buf or..Zone Classification may be a possible solution tee the ob jectie vie,`preey gated at the May 7, 1959 ,meeting. A %fferrZone makers provisions for such structures as, and is limited to multiple dwelUngs, professional offices and such other jimilar uses as the , Counoil may determines. Village' Appraise, Joseph Bettenderf, stated the following information: 1. The rezoning of the above described property to B.C. Business and Commercial would affect rewsidewnoes with a high valuation more than those with a lower ve luation. 2. Homo, owners along 'White Bear Avenue (Larpanteur Avenue to Frost Avenue) have lower property values begause of their close proximity to a commercial district. A Buffer-Zone Classification as described in Ordinance #790 applied to a normal residential setbaok., from lei; ley and to North St. Paul Read would not approo1 bly affect, ` the property. values of homes along, White...Begar. Avenue. . The , following resident's questioned the problems that may bed created by a Buffer., lone Classification in regard to ' eff sheet parking, ind,riased traffic and the typo of mtrueatures permitted in the proposed Buffer -Zone. aalo,A. Petoo - 1849 White Bear Avenue A.L. Arndt .. 1783. White Bear Avenue J. Weinrich, 1:799 White Bear Avenue Jack Schnedier 1789 White Pear Avenue R. Wegner w 17?3 White Bear Avenue , Trustee Berger moved, Trustee Schmid seconded the petition to rezono'to DC, Businera# and Co eroial be denied. Ayes all RIPLEY STREET IMPROVEMENT° After considerable discussion Trust ee Berger of the .follo g wing resolutipn a introduced and moved the adoptio n 59- 8 -62�, WHEREAS, a reso;uti-on of the Village Council (No. adopted the 30t day of Julys X959, Fixed a date 59 7 - 49) Hearing on the roposed, improvement P: f Ripley Strut from uncil Edgerton to Braley b7 grading and g:°avel base cons . truction. AND WHEREAS 9 te, d 4 sy� published not ce of the hearing through two'wee ly publications of t e required n tice was given and't a hearing was hold t arson on t eQ20th hay of August, 959, at which all persons desiri Bard were give an opportunity to by heard thereon© be NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAPLEWOOD,1MNNESOTAe OF THE VILLAGE 1. Such improvement is hereby order d „ Council Resolation No. - o as Pro osed...in the 59 ..7 49 adopted July 30, 1959. 2. Milner We Ca ley & Associates-As hereby designated engineer for the improvement, g ed as the specifications for the making of shall prepare plans and such improvement, Mayor Luebben seconded',''.. Ayes - all In anticipatioA. of the Council order to prepare Ripley' Street Improvement -� he- same were prase tedlt ©sthnd specifications for the After considerable di�scuss�.on Trustee Berger need tuctheouncil for its appre.Val,, ®f. thT following resolution: and moved the adoption a sJ MEAS, pursuan to Resolution N the Council on A *gust 20 o° 59 .- 8 - 62 Passed by , 1959, the Village Consulting, Engineer retai:ne for the s cifi cati o : purpm.se +�f preparing plans and � ns for improving Ripley Street from Edgerton to Bradley by g- °4Lding.., and gravel base construction has presented such p�ahs and specifications tm the Council for approval--! NOW9 THEREFORE., U IT RESOLVED BY THE VILLAGE COUNCIL MAPLEWOOD, MINNESOTA : OF 1, Such plans and specifications, a.co of hereto and mad® PY which'..,.are attached ... part hereof, are, hereby approved. 2 The Village glerk shall prepay® and cause the Official to be inserted in PaPgr an.advertisement for bids upon the makin of such improvement under such approved plans and specificati The advertisement shall be published for one day,-s- hall ens. specify the work to be-done; shall state that bids will be opened: and'-considered by 'the Council at 8:00. P.M. I on September ,17, 1959, in the Council Chmber s of :the .Village ,.Hall. and that no bids will be considered ' .unless sealed And filed with the Clerk ;and aceempanied by a.. cash .deposit, cashier's check, bid bend or certified check payable to the Village for 10 percent of the inount of such bid. Trustee Hajicek seconded. Ayes - - all . ................... . .. ... I . .... ....... ... ....... ... ................. 1."._.1_.1 ......... FRANK Jo GERTEN - 2410.,,',XAPLEWOOD DRIVE: Mr. Gerten requested that English Street b® improved to a Point 700 feet north of Highway #36� by, grading,,, gravel base constru'ctian,, bituminous'surtgaing, plant mixed bitu*inous curing and -addding -oif' the boulevards. After considerable discussion Trustee Baer introdueedand -moved the -.adoption of the following resolutiont. 39 - 8 - 64 WHEREAS, it is proposed to improve*"Eng.lish Street from a eint 700 fait Nerth,of Highway, #36 by grading, gravel base onstruction,bituminous surfacing., plant mixed bituminous purbing,azid-sodding of the boulevards, and to assess the benefited property for all or,.a portion of the cost of the improvement•,".�,pursuint to Miian.,Stats., Sees., 429o011 to 429o111 (Laws 1953i Ch. 398, as amended), NOW, THEREFORE-i-BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPM,OOD, MINNESOTA: That the proposed improvement be referred;to Milner W. Carley & Associates for study and that h6,is instructed to report to the Council with all convenient speed advising the Council -1-a -a preliminar7 w as to -whether the proposed improvement is feasible and',_J"t'! o "h'' ad .,w_!00or it should best, be m. 0 as proposed or in connection with some other improvemint and the estimated cost of the improvement as recommended. Mayor Luebbtn�.se-dended., I .. Ayes - all ... ....... ........... ........ ..- 11,........................, . ... ............. -ATION OF AUGUST 6, 122 REZONING HEARING: 9:30, Zg&- - CONT.;�.NU Mayor Luebben called,to orde' nuation of the August 6. 1959 at 9:30 P.M. the conti hearing to rezone: Section ll� 29. Range 22, Gov't Lot 2 from R-1, Residence District alin'g'le Dwelling) 'to R_3, Residence District (Multiple kr,.Cherne, petitioner,in�the action to rezone the above mentioned property, presented the 114.0 1 le The prophis sed.luxury,ap i artmentwill cost fr ©m $15-40,- $18.00 ner square foot,.�.to buildo, 'w'6"`uld bring its estimated cost to appr6xi' tely $400 9 000 �.. $,000. ma to 2. A traffic count taken by Ramsey County showed approximately 30,800 care twenty -four lour period. ; 3. The water supply for the apartment would be drawn from the Jordan- Stratip This r. would not affect the residential wells in the area. 4. The building would have a steel structure and brick facade. 5. It is contemplated that there is a sufficient number of individuals in the.'.n.. Cities-that could afford to live in a apartment of this nature. 6. The original cost have been revised because of changes in the construction plans. Mr. Elmer Wiblishauser, 1750 East Shore Drive, presented the following information, in opposition to the rezoning. Mr. Wiblishauser spoke in behalf of those residents objecting to the petition to rezone the property in question. 10 This rezoning would be spot-zoning which is normally undesireable. 20 The structure would be out of keeping with the general development of the neighborhood. 3. The building would adversly affect property values. 4. There may be a danger of a water shortage caused by the excessive amounts needed by the apartment building. 5. The property in question could beat be used for park development. 6. Increased traffic and parking problems. 7. Tncreas ®d costs to the schood district to educate the expected number of children that would live in the apartment. 8. Increased cost to the Village for polio* and fire protection. The following information was presented by Joseph Bettenderf, Village Appraiser,` who was asked to investigate this matter and report his findings at this hearing by the Councils 1. Because of the closeness of a park and railroad tracks the proposed apartment, would not appreciably affect property values in the immediate area,. 2. No appreciable traffic and parking problem would be created by the proposed structure. 3. The tax revenue from the structure would pay the estimated cost of educating ac projected increase in the number of school children and the Village would receive approximately $700 - $800 in increased tax revenue. Mayor Luebben then asked the Council if they were justified in changing the present zoning of the property in question in view of the facts presented by the petitioners in the action-and those residents opposing. Trustee Berger moved that the petition to rezone be denied for the following reasons: r` 1. A conercial project of this sort should provide service to the residents or a - --- conafderable tax revenue should be realized by the Village and School District. So evidence of this was offered by the petitioners in the action to rezone. According to the Village Appraiser the cost to educate the estimated number of school age children that would be living in the apartment would approximately equal the additional tax revenue received by the School District and the tax return to the Village would only be approximately $700 - $800 29 This type of project is out of keeping with the residential and park character . of the neighborhood. ry 3. Spet resoning is normally undesi,reable unless it brings a very substantial economic or service advantage to the Village. No evidence to this effect was offered by the petitioners. Trustee O'Mara seconded -and emphasized the importance of being very careful when spot sonisg is contemplated. He concurred with the statement of Trustee Berger in that spot sening is undesireable unless it brings a substantial economic or service advantage to the Village. Ayes .. all OF PROPERTY FOR CONWAY STREET: After considerable discussion Trustee Berger introduced and moved the adoption of the following resolution prepared by Village Attorney, Memmer: 59 -8 -d5 WHEREAS, Joesph L. Bettenderf, Appraiser for the Village of Maplewood, has appraised the following described property to be worth a reasonable market value of Tivo Hundred Fifty and 00 /100 ($550.00) Dollars, and the Village Attorney has rec ended the-adquisition of said property at the said price, and, WHEREAS the said property is necessary for the construction of Comaq Street in the Village of Maplewood, NOW THEREFORE, BE IT RESOLVED, that the Village of Maplewood does hereby purchase from Frank Giampolo and Gladys Giampolo, owners of the property described ass That part of Lot 15, Block 2, Minty Acres lying South of the following described line: Beginning at a point on the West line of said Lot 15, said point being twenty -two (22) feet Northerly from the Southwest corner of said Lot 15; thence Southeasterly to a point on the South line of said Let 15, said point being 200 feet Easterly from the Southwest corner of said Lot 15 aid there terminating, according to the U.S. Government Survey thereof on file and of record in the office of the Register of Deeds in and for said County. AND FURTHER, that the Attorney be and is hereby authprizaa to obtain the necessary Street Easement from the said owners cov ®ring the above described party• ..AND FURTHER, that the Village Treasurer is hereby autheriz'd shd directed to draw:a check in the amount of Five Hundred fifty and 06/100 ($550.00) Dollars for payment to the owners for said propdrty, AND,FURTHER, that the Village Clerk is hereby directed to forward to the Minnesota State Highjfay Department, the necessary instruments to obtaixi reim- bursement of the sum of -Five Hundred Fifty and 00%100 ( $550.00) Dollars as p rovided by the Minnesota Statutes and Highway Department regulations pertaining to Stag Aid for the construction of Municipal State Aid Streets. APPRECIATION FOR NO PARKING SIGNS: A letter with sixteen names was read to the Council expressing appreciation for the installation of No Parking along White Bear and Flandrau Street during the Ramsey County Fair. RE.SOLUTIQN....AITTHORLZIN� ...MAPLEWQOD...F'.OLLCE..._.T.O. .. _ INTERN PRISONERS AT THE RAMSEY COUNTY'JAIL: After discussion Trustee Hajicek introduced and moved the adoption of the following resolution: - .: RESOLVED, that the Village of Maplewood enter into contract with the County of Ramsey for the. incarceration of prisoners- for a period of five years for no charge to the Village of Maplewood. Trustee O'Mara seconded. - Ayes - all .._ ... ..... ............................... AWARDING OF SIDS FOR IMERGENCY ELECTRIC POWER PLANT: Upon recommendation of the Village Engineer, Nelson, Trustee O'Mara moved that the low bid .of D.W. Onan & Sons be accepted for the emergency electric power plant. Trustee Berger seconded. Ayes - all LEAGUE OF MINNESOTA MUNICIPALITIES: After discussion Trustee Schmid introduced and moved the adoption of the following resolution: RESOLVED; that the Village of Maplewood join the League of Municipalities for the period of September 1, 1959 to August 31, 1960 for the fee of $361.00. Trustee O'Mara seconded. A�es - all 'O in 1F. PURCHASE OF STREET IMPROVEMENT BONDS. After discussion Trustee Schmid introduced and moved the adoption of the following resolution: rl_ .A BE IT RESOLVED that an issue of $31,000.00 in Street Improvement Bonds be sold to Juran and Moody Inc., of St. Paul, Minnesota on the terms and conditions so stated in said resolution on file in the office of the Village Clerk. Trustee Berger seconded. Ayes - all .................................. ................. m. ........... ................ I I .... .......... ... ....... 11 .... . ..... ...... .1..'.. VAN-PACKER COMPANY - FACTORY BUILT MASONRY CHIMNEYS: Per instructions to review the, specifications and qualifications of the factory -built masonry chimney offered by the,V4tn-'Packer Company, I Building Inspector.Londin expressed his approval of the chimney and "recommended its appr9val be noted7by amendment to the Village Building Code, After considerable discussion Trustee Schmid moved the adoption of an amendment to the Building Cede; subject t6 tho' preparation by the'Village Attorney, approving;.the-installation of the factery-built masonry chimney offered by the Van. Packer Company. Trustee Berger seconded. Ayes all ". . ......... . 111..-.� ....... . .................... - . ........... .... .. .... . .. ... ........ .... ..' " � ...... .....'..... I JOHN FAHAY — 2756 KELLER PARKWAY: A letter was received from Mr. E. L. Peterson,,attorney for Mr. John Fah' stating a ay complaint concerning a non - conforming.,, use of land adjoining his prqperty. ,,,yThis tatter was referred to the Village Attorney for recommendation and solutionk .......... I .......... ... ............... .................... ....... SAFETY DEPOSIT *BOX: After discussion Trustee Berger introduced and moved the adoption of the follow1mg resolution: 59.8 -67 RESOLVED, that the Village Treasurer be authorized and directed-to acquire, a safety.-deposit box at the First State Bank of St. Paul., Trustee Schmid-.,.;seconded, Ayes - all ............ .......................... ............... CONSULTING ENGINEER - VERN LJUNGREN4` The following,matters were brought to.the attention of the Council by the Consulting Engineer* KOHLMAN LANE Village Attorney, Memmer, was instructed to contadt the attorney for Mr: 1W Robert Fahay, 2756 Keller Parkway in regard to property acquisition for read right of 4,1 BEAM AVENUE - Village Attorney, Memmer, was instructed to qontact the owners of property on the north side of Beam Avenue in regard to a drainage problem, .... ... ... NATIONAL ASSOCIATION OF MUNICIPAL CLERKS: The Clerk was authorized to join the National Assocation of Munidipal Clerks. Akpetition:was...received from Mr. Laurence B. Lueck, 1808 Kennard, r6qtiesting,permission to install a swimming pool on his property and enclose it with a tence., matter was referred WHkildixg Xaspector Londin for recommendatio* ... n" 'a''n", A' r .... e p or' t. .......... ..... .. I ............ 1_., ......... . ............. ?, . ........... ... .......... ........... . . ..................... ......... . ..................... ....... . ......... GEORGE W, ANMRSEN RE9,UEST FOR PAYMENT OF DAMAGES A letter from George W. Andersen was read requesting the Village to pay fot damage to his property 'iesultikg from sewer donstruction. The matter -was referred to the Village Engineer and. Building .Inspector for recommendation and report. Mbeting adjourned at 2:00 A-Me ... ... ... ..... .. ............... amens, R. Pietila Village illage Clerk September 30 1959 The regalar.meeting of the,Xaplewood Village Council was oalled to order at T800 PoMo by Mayor Luebben. Other members of the Counoil present were Trastees Bergeri Hajioek, 0%,ra and Schmid. Absents none. Trustee Schmid :' moved 9 Trustee Berger asoonded that the July 309 1959 meeting minutes and the August. : 6 1959 meeting minutes be. approved, as-submitted., Ayes -, all The follow1mg oorreotions were made In the August 209 1959 meeting minutess 9j 3O PoM:o-,-- CONTINUATION OF AUGUST 64,,.l=REZQ9=G HEARINGS L Change $15.00 - $18000 to $1,400 - $17400 2. Obanap Jordan- Strate to Jordan Strata. PURCHASE OF PROPERTY FOR CONWAY AVEN`iJE s ADDS Trustee Schmid seconded, Ayes m all MAR.VIN ANDERSON CONSTRUCTION COMPANY - TM'dR.ARY .SEWAGE D S POSA L SYSTEM: TEM: Mr.Cal Hedlund, Engineer for the Marvin Anderson Construction Comparsy9 requested per- mission for certain homes in the .Marvin. Anderson .1st .Addition to temporarily run their sewage. through the Village..sewer system into a temporary. cesspool. The request was _madq - beoau,se .i.t . is an,tioi,pated that several homes in . the develolment .will be occupied pri ®r to the oompletion of the City of St. Paul's seoti,on of the sewer and the acceptance of the sewer by the Village of Maplewood. Trustee Berger . moved . that this matter be referred to .the Sewer Commissioner9 Trigs tee OQMara and the Sanitary Sewer Engineer for aotion as they see fit, Trustee Schmid seoonded.o Ayes - all ARTHUR AN1)g.&9ON 1S pHALEN PLACE m REQUEST TO DELAY CONNECTING TO THE SEWER SYSTEM,, Because he reoently installed an individual sewage disposal system9 Mr. Anderson re- -°uested he be allowed to delay in connecting to the Village Sanitary Sewer System. t was exp:Laiued to Mr. Anderson that the ,Minnesota Plumbing Code and Village Ordinanoe Mate that property abutting sanitary sewer system must connect within a reasonable period of time and that this period of time has been resolved as one year. REZONING - LOTS 2,4 AND 159 BLOCK 29 MINTY ACRES. FROM. R-1 TO R RES IIiENCE D IB TR TCT s Parsu,ant to due gall and posted and p#Ablished notice thereof, the hearing set for 7830 Po.Ma on .this..d.ate to . consider the petition for the rezoning of Lots 14 and 139 Block 29 Minty Acres from R -19 Residence District (Single Dwelling) to R -39 Residence District .(,Multiple Dwelling)gwas deolared open by Mayor Luebben. Mrs,, Bertha E. Wade, 321 Ferndale Street, asked if commercial establishments would be allowed, suoh as a gas station. Trustee .Berger read to Mrs. Wade the Zoning Code which states be,Oically that multiple dwelling may be construoted in such a zoning but no business est�blishment9 such as a gas station or restaurant, ayor Luebben asked if there we.;re y objections to the proposed rezoning, HearixW one, Trustee Bergey moved, Tr�®o�; O'Mara seconded the adoption of the following esoluti.ons 59 - 9 - 70 WHEREAS9 a petition was filed with the Clerk of the Village of Maplewood as provided under Article XV, Ordinance No. 29, Village of Maplewood, and .said petition having been signed by more than 50 (fifty percent) of the ov.raers or property within 200 feet (two hundred feet) of the property described. as -. Lots 14 and 15, Block 2, Minty Acres -which has 'been proposed for rezoning from R-1, Residence District (Single Dwelling.) to R-3, Residence District (Multiple Dwelling) and, WHEREAS, as hearing was held on the date and at the place fixed in the published and mailed notices and all objections and recommendations reldtive thereto were heard by the Village- Council, and WHEREAS, it appears for the best interest of the public that said petiti.on be grantedg NOW9 THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLE WOODS MINNESOTA THAT9 the petition for rezoning the above described property be granted. Ayes - al,"I'L EINAR SOVAD - 2554 BROOKVIEW DRIVE - 0 Mr,, Sovad stated the following complaints to the CoDnoil and requested corrective action be taken- 1 o Water is draining from Lot 79 Brower Park (Bob Evans Project) into Battle Creek ,and causing a serious erosion problem,, 20 Sand is washing from the Church property on Highway #12 and Sterling Avenue, 3. Brookview Drive has a very poor driving surface, 4. Mr,, Sovad has a drainage problem in front of his property and is in need. of a culvert. 5. The sewer construction in Battle Creek is causing an excessive nu m bier of trees to by destroyed. No easements have been obtained from Mr. Sovad for the sewer construction that will cross his property, Trustee Berger stated that Brookview Drive would be repaired following the sewer con- struction. The Village Engineer was instructed to inspect the drainage problem and -the sand. washing down from the Church property on Sterling Avenue and Highway #12 and report to the Council at its next meeting as to possible corrective action. Trustee OgMari, stated that the easements are being discussed with Mr. Sovad 's attorney by the Village Attorney and appraiser. Mr. Walter Rampke, 2566 Brookview Drive also expressed his concern over the arosi on ):roblem created by water from Lot 79 Brower Park draining into Battle Creek. WELBY PELQ� CHMERS - MR. BLAKE 1221, FROST AVENUE.- Mr. Peloqui-a and Mr. Blake were told that a sewer rental ohaxge is not charged unless the sewer is being usedfl property abutting the sanitary sewer is assessed for the sewer construction whether or not it is connected to the service,, MIS. ROBERT DELPgj_lj2,8, Mrs DeLine requested that the Council write a letter to the Ramsey County Welfare Department in behalf of her father, Mr. Oscar Virsen, 1424 CoPe.9 stating that he must conneat his house to the Village Sewer System within a period of one year as is stated by the Minnesota Plumbing Code and Village-of Maplewood Ordinance, The Clark was instructed to take the necessary action in this matter. REVEREND C,G. Ht.Asl,_X6 SMITH AVENUE-. Reverence Haase presented a petition to the Council requesting permission to move a hawse to 2512 Minnehaha Avenue, The petition was signed by adjoining property owners in -the neighborhood and had an attached piature of the house that is proposed to be moved,, layor Luebben mared, T-,nzatee Hajioek seconded that this matter be referred to the Jtzilding Inspeotor for recommendation and report. Ayes - all Reverend AL-ass also requi.ested -permission that -the Village accept the lot at 25,12 Minnehalia Avenue for building purposes. It is 69 feet -wide, thus six feet short of the minimum frontage, required for buildin.e. purposes. Reverend Haase presented signed statements from the adjoining property owners stating they would not sell him the additional footage In view of signed statements from the adjoining property owners, Trustee Schmid moved and Trustee Berger secorded that this lot be accepted for buildi)-ag urposes,, Aye a - al I Reverend Haase also asked if q:,u,ioker action could be taken relative to the moving of the house to 2512 Minnehaha Avenue because he is facing eviction from his present residence In -view of this, Trustee Berger moved to amend the motion referring the pftposed movimg of the house to the Building Inspector to read that the .matter of moving the house be referred to the Building Inspector with authority to act as he sees fit. Mayor Luebben seoonded,, Ayes - all ,'RANK WITT - LS�STANFQRD,,�, Mr., Witt presented a proposed plat of land he wishes to develop for bu. ilding purposes. The plat was referred to the Planning Commission and the Consulting Engineer for reooendati.on and report. and the next Council meeting, ONE DAY BEER AND BINGO PERMIT G EAST COUNTY LINE FIRE. DEPARTME T s Len Pepin, Assistant Chief of the East County Line Fare department 9 requested a One Davy. deer :and... Bingo_ Permit for the Fire Department on September 209 1959, Mayer Luebben moved, Trustee Berger seconded a one day Beer said Bingo Permit be issued the. East County Line Fire department ' for September 209 1959 without charge. Ages - all S a 0 PO& STREET VACATION HEARING: m �mrs7+r.amrma.� Yan eraynaMS+.0 ew.en Trustee Berger moved that 'this hearing be continued at '8930 P-M, on September 179 1959 and that thi Village Attorney be instructed to complete the necessary papers relative to the . flheari,ng4. Trustee Schmid seconded, Ayes - all ORDINANCE N0, 84 s Trustee OQMara introduced and moved the adoption of the following ordinances ORDINANCE NO, 84 AN ORDINANCE AMENDING ORDINANCE N0, 14 ENT IT LED "AN ORDINANCE .ESTABLISHING 9 AMPLIYFING AND REVISING THE BUILDING CODE; CREATING AND . CONT;INUING THE OFFICE OF BUILDING INSPECTOR; VALIDATING ALL PERMITS ISSUED AND CONSTRUCTION AUTHORIZED.U!EDER THE CODE HERETOFORE EXISTING AND REPEALFG RESOLUTIONS 9 ORDINANCES OR PARTS THEREOF INCON.� ISTANT HEREW:ITHo 9° Mayor Luebb.en seconded, Ayes - all CONWAY AVENUE IMPROVEMENT s In view of thp,'' fact that a . oleri cal error in the June 199 195 meeting minutes omitted the Counc1,, 'D,` `,1 intent by resolution to approve plans and specifications for the Conway Avenue ovement and the ordering of the Clerk to advertise for bids on 'the project Trusted,' arge,r introduced and moved the adoption of the following resolution: 59 -9 -71 WHEREAS9 pursuant to a resolution passed by the Council on June 1991958 the Village Engineer has prepared plans and specifications for the improvement of Conway Avenue from a point 2000 feet East. of McKnight Road to Ferndale Avenue by grading, gravel ,stabilized base oons truoti.on and bituminous surfacing and has presented suoh plans rt ytyp t nY`YMh'Pk A ' iii'. ikSk' over a period of ten years, the first of the installments to be parable on or before the first Monday d. in January, 1960 az..shall bear interest at the pate of six 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 vu til December 319 196' To each subsequent installment ' when due shall be added interest for one year on all unpaid installments, 30 The owner of any property so assessed may, at ,W.W time ,prior to, eertifioation of the .assessment to the county auditor, pay the whole of e assessment on. suoh property9 with interes_t;'.accraed to the date of pent, to the Village Treacurer9 except that no interest � "ail be ohargod if ,,the entire assessment is paid within thirty days from the adoptions, of this resolution; and he may, at any time thereafter, pay `to: tom, 010'unty Treasurer the entire amount of the assessment remaining unpaid, with interest aooraed to December 31 of the year in which such payment is made p 4. The Clark shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists- of the oounty, and such assessments shall be oollecsted and paid over 'in the same manner as other muuiaipal taxes. Trustee Sahmid`seoonded, Ayes - all,/ ARA STREET IMPROVEMENT - ASSESSMENT ROLE a _fter..discussion 3erger moved the adoption of the following resolutions 59 -9 -74 WEMEBAS,. pursuant to .proper .notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement ofs Kennard Street from Prost Avenue to South .Rosewood. NOW THEREFORE BE IT RESOLVED BY THE VILLAGL COUNCIL OP THE VILLAGE OP MAPLEWOOD9 MIMSOTA: 16 Such proposed assessment, a copy, of which is attached hereto and made apart. hereof, is hereby aocepted.and shall constitute the special assessment aga t, .the.,..lands..named thexein,. and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied.again6t its 20 Such assessment shall be parable in equal annual installments extending over a period of ten years, the firrt of the installments to be payable on. or before the fire t .Monday . in.Jauuaz7, . 1960 and shall bear interest at the rate of six .percent per annum fron•iAhe date of the adoption of this assessment res,olutiono To the first installment shall be added interest on the entire assessment from the date of this resolution until Deoember 31, 1960. a To each subsequent i and specifications to the Council for approval-. NOW9 THEREFORE9 BE IT RESOLVED BY TEE VILLAGE COUNCIL OF MAPLEWOOD9 MINNESOTA-* 1. -Such plans and specifications, a copy of which are on file in the Office of the Village Clerk are hereby approved,, 2. The Village Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of'such improvement under such approved plans and specifications. The advertisement shall be published for one day, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 7:30 P-M- on September 991958 in the Council Chambers of the Village Hall, and that no bids will be considered un- less sealed and filed with the Clerk and accompanied by a cash deposit, cashierve check, bid 'bond or certified check payable to the C16rk for ten percent of the amount of such bid. Trustee Schmid seconded. Ayes - all MIM%TEHAHA HIGHLANDS IMPROVEMENT m ASSESSMENT ROLE-, fter discussion Berger moved the adoption of the following resolution: 59 9 72 WBMAS, pursuant to proper notice duly given as required by lawq the Council hasmet and heard and passed upon all objections to the proposed assessment for the improvement of- Bush A�-T,,enue from the West edge of Mimehaha Highlands Addition to Bartel.my Lane. Meyer Street from Bush Avenue to East Seventh Street,, Sbuth Side of East from West edge of Minnehaha Seventh Street Highland Addition to Bartelmy Lane, East Seventh Street from Bartelmy Lane to Sterling Avenue, Sterling Avenue from Mary Lane to East Seventh Street. Bartelmy Lane from Minnehaha Avenue to East Seventh S tree to Mary Street from Minnehaha Avenue to Bartel my Lane,, NOW9 THEREFORE9 BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD9 MINNESOTA: assessment remaining ujpai,dg with interest accrued to December 319 of the year :ba Which, such payment is made. 4. the Clerk shall for+,,hw:*th transmit a certified. duplicate of this assessment to thfe_ County Auditor to be extended on the proper tax lists of -the county, and su.oh assessments shall be collected and paid over in the same manner as other taxes. Truate,e Berger seconded. Objectors-0 Kermeth Halvorson, 1531 Viking Drive John Cassityq 1515 Viking Drive Lawrence Bowman, 1523 Viking Drive Ayes - all I/ ADOPTION OF ASSESSMENT ROLE FOR SANITARY SEWER 11PRCW7, IM D, NT After considerable discuss1on T.nzstee OgMara introduced and moved -the adoption of the following .ices o'lut ion -0 59 - 9 - 76 WBEREAS, pursua.-Lat to proper notice duly given as required by law, -the Village Counad.l has met and heard and passed upon all objections to the proposed assessment for the installation of sanitary sewers and appuiytenar�,oes desoribed in the files of the Vil'31age Clerk as Sanitary Sewer 1mg.ro-,,i,ement, No. 19 Projec�ts 19 2 and 3 and has amended such proposed assessment as it deems just, NOW TIEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPIEWOOD9 MM-ES OTA-0 L Sun,1111 proposed assessmentg as amended, a copy of which is attached ihe-re-to and. made a part hereof, is hereby accepted and shall constitiate 'the speoial assessment against the lands named therein, and each traret of land therein included is hereby found to be benefited by the proposed in the amount of the assessment levied against it. 20 Such assessment shall be payable in equal annual installments extending o-vrer a period of nineteen (19) years, the first of the installments to be payable on or before the first Monday in January, 1960 and shall bear lkntte-z s a"; the rate of five 'and one-half (5-21) percent per annum .from the dat,_, of t0k.-Le adoption of this', assessment resolution. To the first in- stallme,mp.t shall be added interest on the en ire assessment from the date this resolution until December 31,19 MP �-o each subsequent installment ,when shall be added interest for one year on all unpaid installments. o It is he.reby declared tea; be the intention of the Council to reimburse itself in the fatu_re for the., -portion of the cost of this improvement paid for from municipal fwids by levying additional assessments, on notice and hea._rLng as provided for the assessments herein made, upon any properties a,T)u`tt.i,,.ag on the improvement but not made, upon any properties abutting on the im-pzravement but not herein assessed for the improvement when changed relating to such properties make such assessment feasible. 4. To 1,1z�z eX.-tent that this improvement benefits non-abutting properties wh.iah may be served by the improvement when one or more later extensions or im- provemealts are made, but which are not herein assessed therefore it is hereby deolaxed to be the intention of the Council, as authorized by Minn. State. Sem, 420.0519 to reimburse the Village by adding' the portion ®f the costs so pald10 the assessments levied for any of such later extension or improvements. 5. Tbf.,- Clark sha,11 forthwith transmit a certified duplicate of this assessment to the County Audltor t® be extended ®n the property tax lists of the Couaityq mid such assessments shall be collected and paid over in the same, mazinez as other m=icipal taxes, Trustee Berger seconded. IAyes - all PARTIAL PAYMENT FOR LAMETTI & SONS FOR SEWER 134PROVEMNT NO. PROJECT NO. 3 Trizetes O°Mara moved that the _Vi11ajppa7 Lametti & Sons Construction Company of St. Pau,111., $24,P8222,99 as a partial payment for Sewer Impralement NG.- 29-. -Project -No. 3 (Battle Creek)o Trastee Sebmid sso_,(an),ded. Ayes - all J6 PARTIAL PAYMENT TO THE NODLUND CONSTRUCTION COMPAVY - SEWER IMPROVEMENT NO,, 2 PROJECT NO. 2 -0 ' I Tirastl-ee 09Mara m(uweid, MV,or Laebbsn seclonded that the Village pay -the Nodlumd C',ampaa4- of Alexandria, Milnnasota, $159591,76 as a partial payment for Sewer Map',ravemrent No,, 29 Project Noo 2,, Aye a - a1.71. REQUEST TO CROSS'S THE N,,P. RAILWAY TRACKS ON EFGLISH STREET-. After T'=,,,stee WMara introduced and moved the adoption of the following 59 - 9 - 77 RESOLVED, that the Village of Maplewood request the Northern Pao-1-1.fic Railway Company- by standard form and for the fee ®f SLOO to cross uunderground per plans 'and specifications -their al r 'Llway track located on English Street between F 0 t Avenue ,, and Friable Avenue with a water main. Trustee Sai'm-ii seconded, Ayes - all SEWER ASSESSMENTS AGAINST GOVERMENTAL UNITS: After oonsiderable discussion Trustee WMara introduced and moved the adoption of the following resolutions 59 - 9 - 78 RESOLVED, that the Village of Maplewood defer all assessments for sanitary sewer improvements against property owned by the County .of. Rams%.City 9 of St. Paul and the North St. Paul-Maplewood Independent School trict Noo 622 that abutts the Village Sanitary Sewer System and its present use does not require the use of the a-aziitary sewer system. BE IT FURTHER RESOLVED, that when said property owned by the. "Ka-rr"tof ore mentioned gove=,nental units have a use) for -the vanitary sewer ser%riae thv deferred, assessments against said property will be negotiated at tb,at time with the Village of Maplewood. Mayor Laabben asoonded. Ayes - all PAYMENT TO BETTENBURG9 TOWNSEND9 STOLTE AVD. COMB- FORIENGINEERING SERVI,CES-0 °'rusts OQMara mayed that the Village pay Bettenburgg Townsend Stolte and Comb for a rorking drawings and specifications for Sanitary Sewer Improvement No. 2 in the amount if $25WO,,27 as par agreement dated April 89 1957. Mayor Luebben seconded. Ayes - all ORDERING PREPARATION OF PRELIMINARY REPORT ON SEWER IMPROVEMENT NO o 0 0 After considerable discussion Trustee OOMara introduced and moved the adoption of the following resolutions 59 - 9 - 79 WHEREAS9 It Is proposed to improve the . area West of State Highway #61 in the Village, of Maplewood by sanitary sewers and appurtenances and to assess the benefited property for all or a portion of the cost of the improvement pursuant to Minn. Stats.9 Seos.9 429.011 to 429.111, (LaWs 19539 Cho 398 as amended), NOW THEREFORE9 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPIEW MINNESOTAs OOD9 That -the proposed improvement be referred by Bettenburg Townsend Stolte and Comb, Consulting Sewer Engineers for-the Village of Maplewood 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 beat be made as proposed or in connection with some other improvementq and the estimated cost of the improvement as recommended. Mayor Luebben seconded. Ayes o all MR. J, A, TRUNZO - 2668 BRM STREET Mr,, Trunzo and his attorney, Mr,, Greising, p±,esented the following information to the Council -relating to -their sewer assessmentoo The sewer assessment of $595-00 for Mr. Trumizogs property described as Lot 99 Block 49 Midvale Acres is inequitable for the following reasons 1,, The sewer was not installed at a great enough dep-�h 'to s . r,-V I--L osl the above mentioned propertyo 20 To oonneat to the sewer would require addit,ional pl-,,a mbing and the mse of a sump pump. Mr. Kishel of Brett-anburg, Townsend Stolte and Comb stated the follow:Lng as a possible solution, to M.TO Tm(T zoes problem-0 $450-00 estimate was given as 'the cost 'to canneat Mr. Trunzols 'the eanit�z7 sewer system,, $175oOO 'estimate.: .,was givezi . as the oost to connect Mr,, Tranzols hoase to the sarUtary sewer system if the sewer had been laid at a d6eper depth. S zbtra,,(, $475,00 175 0 $275-00 -'difference in oost of oonneetijag.to the sewer system $595o00 Mro . Tr='zols sewer assessment _2 U2,00 - difference in cost of connecting to the .sewer system $320oOO 'Mr. Tnmzo would then pay $320,,00 as his sewer assessment and use what. ever method he preferred to connect to the sanitary sewer system. After considerable discussion Trustee Berger_mov6d that Mr,, Trunzo pay f ive percent of his original sewer assessment as his total sewer assessment and use whatever ,,method he sees fit to connect .:to the sanitary se'wer., Mayor luebben seconded. Ayes 3 NayO, 0.-1 SALARY INCREASE FOR 13ERNICE DERUNG: Mayor Luebben moved that Bernice DeRung be given a salary increase of $20,00 per month effeotive September 19 1959, Trastee Berger seconded. Ayes - all SAURY INCREASE FOR SUSAN STROYBERG-. W.,yor laucvbban moved, Trustee -seconded that Susan Strombarg be gkoren a oalary Increase of $15,00 Per months Ares - all TUIXDSQAPING� OF SEWER LIFT STATIONS- Tr,,,�. `�eea, O'Mara moved , Trustee� Bexger seconded that Mayor Luebban be given authority to tP'Jkk.,5 action is n9(,.,,,r-n3sary t(u, properly landsctape the five sewer Uft stations in the, VUlage of Vhmplewcod.. Ayes - all. AWAUNG OF BIDS ON 1WROVEMENP, 3110, 2 PROJECT NO. h,3 uanut due call and notice thereof the VillLage Clerk ani Engineer of Ylaplewocz IRD nescota race4,?,red bids at a special meeting duly rc,?alled and held at the Vill-L.'age I- Ehill 'l In said Villagrp on September 1, 1959 at 7-.00 P.M. for -the purpose of re-iceiving, CD -e opening and reading bids, for the construction of Sanitary sewers and appurtances PT,-z'smaw'-1,5 to the advertise.,mant for bids hceretofore, givezt. 1k,41"ter apianinig and reading the bids tbs Clerk then Instructed those present V",l-,,at tibL- bids receiT,,7ed, opened and read would be tabvulated and presented -to the Village Go,uineil at th� September 39 1959 r-egular moeeting with recomendiations, Mae regular Meeting of the Maplewow'. Village was called to, order at 7.00 P.M. by Pr yor Luabben. The following members of the Council were present: Luebben, Berger, O'Mara, %jicek and Schmid. Absent: i�mata. Th(F.L, Gc,,jn,8,u1t,1-`6ng Sewer Engineer presented, the fol'loving tabulation of bids received for sanitary sewers and appurtances an September L, 1959: 0 omp I e ti an Accompanied 'r-nina t Da IaWt,tl cone $►2 9,92.0x50 1 d. ays 1,20 days .5 Bid bond' St. Paal M, rz,az,::;Cta 5% of bid yd"""),bert W. Moore St. Paul, Mlnne act a $1789710-50 75 days 2L�o days Bid bond 5% of bid )"To"d1and const. co, $1379400-00' 30 days 300 days Bid bond Alexan,drla, Hinnesota .5% of bid Sever Engineer Kislhel stated_ What 'L�metti '& Sons, Inc. ' St. Paii1q, Knane,aotaq was low bidder on the. sanitary severs and app ar-15'ances of bids recaived and r�f,(z..,,o)irmended that La'metti and. Sons I!, !co:�poratod be awarded the contract as low bidder, Ir,,L -,t-,Law of t;1L above, information Trtastee 01DUra 'Introduced and moved the, adoption of t; fo.110107ing resolution, 59 - 9 - 80 BE IT RESOLVED by the '7111age, Council of the Village of Miplewood, kUunescta, tk,,,,Rt t1he bid of Lbhe"tti", and Sons 'Incor'orated is the P - "Lowest responsible bid for the, cons truwti on of said sanitary 9.ewers ornwl sppurtant es , arud the bid of said LarAettf and S'ons Incorporated the amotzzx� of $12%920'•-5'Q1' shall be and is hereby accepted and t�ha Akyor aml Clerk- are hga-reby authorized and directed to enter 1alln a co'n't'ract �Ath SaId for and on behalf of th,� 171,11.5,go. rb-z for the adopti(cm It the f(urogmcing rls�,:3,olution secorded. by 7" ard upon vote ber1lrug t�kc,-mL 'W"hfDrE,a0119 thIAS ftl.IAD)Wing "1.V'CA.`,E1,d I'm I!k C. 0 Iiergp,r, 01.1viara, Hajioek aw,,J, Scu�mld folllu),�wving vated a6z A t1wt,--,- apjaes, ,,i' -' OF DIDS ON SIRWER IFT STATION- ,M,0,,4J- T ,U)LINC Paranai,,,t to, d�, = and, no,t.,,Ice tbleroof thap, Village Clerk and of 141, plpmocz-, bide at a m atim,"g duly called and, ,-At the V21.1&ge 0 1 11 in said Village on, September 19 1959 at 7 (`0 P.M. for the purpose of recA vin g, opm,lincr and reading bida for tbi-, com;,�truict, Lon of zt,.atimu purm�unl� t',,o -th,,,3 ILL for bida bsretof ore, given. Z&ft,ar oper),; -.1Lng and readinkg the, bids tbxa followirar g tabulation of bids 01,erk ther. ir.: tx,%Tw-,,tOe-d tbi&:)se presexll.t t1mat t.12::!� bAcIa ojx�nad and read w-ould be tab-alated an,,d prer.wmted to.tha� lallage GOT--mvil at tb.pe 3, 11,959 r(i.�Lpu'lawr rwetirup,, -1 '1 a Tkms, r-igu,,31,ar of tbm-,, Yaplewomd, Vi.11age Coun 1 or r:r a 6 0 CD ei' vmq. cal' aJ to , de, t P.M. ty Mobyor Lu,,�abber,. The follcowim).F, members of the, Coum,,11 were. present-, Lae b b e n B","r 11 0 rc," , 0 0 'j,"Ibma , 1W I i C,;, ."k. and 3 0 "mild"t Ab3ant, - 7,% one o W Sewer Engineer praae,,nt(��d tbxa followirar g tabulation of bids :t�' ra, t at�-.tticm on September 1, 19 9 -0 lkw r,,,f T (a) t a I Re, g I i u Ang Gompll,-Fltion Acm.oxnpianied `3 i d e r 8 Did - Da t e J, t(L By 0 Darbarosza & $,�199064oO9 45 days 12C) da.yr,,� Bid borO sonla, Lmc., St. 5% of bid A,t,,U,.)n Goruoatrmo,,tiom $38 071 J)O, 70 days 160 days Bid bond Oo-, St.Paul, Ffmcn, 5% of bid THmrley co'nato Co. $38 9,11-300 30 daye 90 daya Bid bond St. Paul 9 W"rum. 5% of bid lamw,5)ttl 80-Tas $3 kq, 9 6a,5 oQ, 0 30 days 120 day's Bid bond St. PaU19 M21110 5% of bid Consulting Sewer Engineer Kishel stated that Hurley Construction Company, St. Paul, Mnnesota, was low bidder on the oewer left . station bids received and recommended that Hurley Construction Company be awarded the contract as low bidder. In view of the above inforimation, Trustee O'Phra introduced and moved the adoption of the following resolutions 59 - 9 - 81 BE IT 11&901VT!M 'by the 17:111,age Council of the Village of lvlaplewocd, Minnesota, that the bid of Hu"rley Conztruction Company is the lawest rosponsible bid for .she construction of said sever lift station, amd the bid of said IF-lurley Construction Compairy in the ,a1n0'(xr1t Of $389113aOO shall be and is hereby accepted and the Ya,,yor ard, Clerk are hereby authorized a directed to enter into a contract with said bidder for and oja beha.1f of the Village. The motion for the adoption of the. foregoing resolution was seconded by Myor lAtebben and upon vote being taken thereon, the, following voted in favor thereof. Berger, O'Mara, Hajicek and SclLmid and thca� following voted against the same. None, . 0WORCE W. ANDERSON - 1101 EAST COUNTY ROAD B: George W. Anderson submitted a claim to the Village in the. amount of $32-.5,,00 for de ge done "to Wis property from the sever construction during the construction season of .11-19,98. Upoza recommrandatlLon of Building Ins.PP((�tor and the Village Engineer, Trustee So band moved the claim be denied. Trustee Berger seconded, Ayes - all. HEEP,.' LABORATORIES ASSES SIVE11U.- Truswte,e 00Yk-xa moved that in view of the report submitted to the Council by Be tt �c�nb,ax,g Townsend Stogy te and Comb, Consulting Sewer Engineers for the Village, tkiat the request of Beebe Laboratories to defer their assessment for Sever Im- )rovenwe n•; N(r). I be denied and that the report of the Consulting Sewer Engineers for, tbe 'Village be approved. Trustee Berger seconded. Ayes - all I a ` L 3 1 - on After con,,,.4,idea.b1,e Ebe:t'ger .11,'Atr(,:�duced the folloi.,iing resoluti and (:� ROC?INTO, 71TIE xVr1N"WP.'1-�3 OF MMUNG HEIL JUNE, '4.MREASq a, Tfr;,6'fUxlg of the TE'.1]'Lage Counc:1,1. wa,-zs duly nalled aTild 1-i"a-'Id oil 1j'an A�q' 1c)-59, and"I at aa',A.d me-et 'intp' P""",�_ans and for tl'_'�Jc" Improvement 0 Con-way Avenue from a point 2000 feet East of WaMnight Road to FexTOala Ave:,-Yue by grading, gravc.;"l stabilized base (,�ojastruction arad bituminow otjxfacing, 5 were, oapproved ain"I Cl,-.:rk was cliraate-d to advertiare. for bAds thf-,,reong the work to ble d-une and stating 0 - tkrat b1ds, iqo',t�,.Id b; o-c,,�enked and eonsidered by -t,,Jla CoTmeil at, 7 0 1 1., - (-, -,,'c � t,, k; f 30 P-M- anwa Sept 9, 191,�',8 Ln C ), Chaxabei , o th-3 T111 age &all �exi.d that, xo�,o woul.d be, aEd,aled Panol fUld with the. CLerk lby a delroa it, be(,*, bid 'biond (or (, 6rt,*Lfied cllaeck F payable, -to tbee, for 10% of. the amolzat of' Lsaid b-1d, and WMEAS, lc-he minutes c-of ooeting as previcnaalilr cartified do nct reflect the Cos.ux_,,U ac--11-1-7ion approving the., plians and, ape eff icatio'mz-� (�'?r '5A.rc-.f.;ing for bids, NOW =FORE , fcni.� the purpose. of alrad ixapply- 1- . mug an omisaion- in th(-,--. RiLnu�-xi-,:s, ,-)f said ip. eting, BE IT RESOlAr'11j) by the Villaga, Council of the Vil]lxag-,--_= c-lf MplawlOod as follows-. Mat tht', mi ,nut ee, _f the Council be and thae same are kx�areby Winded and cu-or re,,,ted so as to show the above action by tboe, Council and t1cle V-11111,age-, Clerk hereby aut'horized and directed to correct the minutes F said th"e ffj_]U.m'_At,,zv boxk cio as tc reflec' t the foregoing a t i Q"," bar Lulebb6n a&conidded the, motion, for thai� adoption of said rescolution. Ayes - all gar introjuc'e' d thie, foollo-vring r-solution and n,,,nved its adoption: 59 - 9 - 83 I-WOLLOUON CORRECTIDIG T�M YOUTERS OF DEETING IDFLD WITMI'MAS9 a cf Villag,;_�j Coun air :11 of the-, Village. of Ykplevood, Ramsey County, Minnesota, was duly called and held on May 26, 1958, and WBMEAS, at said meeting the Council determined to make certain Improvements and determined to . pall a public hearing for the construction of said improvements on Conway Avenue from a point 2000 feet East of McKnight Road to FerrAale by grad:Vng, stabilized gravel base and surfacing and storm sewer construction, and WBEREASI, the minutes of said meeting h8retofore certified fail to reflect the determination to make said storm sewer Improvements, NOW THMMFORHO BE IT RWOLVED by the Village Council of the Village of Nkplewood, Xnnesota, as follows s' That the minutes of the Council be and the same are hereby amended and corrected so as to show the above action of the Council and the Village Clerk is hereby authorized and directe'd to correct the minutes of said meeting in the minute book so as to correctly reflect the action taken* *tuber Schmid seconded the motion for the adoption of said resolution. Aye a - all, After discussion Ybmber Berger introduced the following resolution and moved its adoptiont 59 — 9 — 84 RWOLUTION COMECTINd THE YaNUTES OF FEETING HELD NCH 199 1959 WBEREAS, a meeting of the Village Council was duly called and beld on 1%rah 19, 11959, and WBMAS, at said meeting final plans and specifications for the construction of Improvement 59-1 including Ybritz Additions Kroiss Addition, Xnnehaha Highlands, DeFkrs Fifth Addition and Kennard Street were approved and the Clerk was directed to advertise for bids thereon, said advertisement to specify that bids would be opened and considered by the Council at 8s30 P,Moo April 16, 1959# at the Council Chambers in the Village Halls and WHKREASs the minutes of said meeting as previously certified reflect only the direction to advertise for bids thereon'. NOWTHIMWORE. - for the purpose of recording facts and supplying an omission to the minutes of said meeting, BE IT RWOLVED by the Village Council of the Village of Maplewood, as follows That the minutes of the Council be and the Game are hereby amended and corrected so as to show the above action by the Council and the Village Clerk is hereby authorized and directed to correct the minutes of said meeting in the minute book so as to c(,,(Q?rrec,P,d1y t11,1'' ., ftmber Scuk, ,ardd veccmd�ed the fenr adoption of said rescluti.caii... I Aye,,s - all 'd its 07, ,59 )U,S'C.)UM0N COHRE, CTINUz I 4E, OF k,'PIETINO 1IRMID 1 11"M CY, C aj", - f"e" a c, r V :,l J La. Ap:11 1 1.9" a r(I" d ,- 9, W,1DffrF,A,5',, at said Couxlcsil a i,c,,Totraet on imp. rc-nrement 59-1 to the, 1c))w Re,ry s.,i'.na Coxkpaa,,iy, suzbjcect, -1:9 Q appro-val anwft thF� ordar,'1,ng PQ,f thra.t 'pcirt of ,7,�aid a m, d of «svai"J, me"I'tirng pr refl,�-;ct only V,,,an awa-td ((',)f t:be -h-c. 1�he: low, b,110.1der, Ray i. NOW T1E1*Rc1r4%,-&,, fur of amid I an omiseion in tftze., of mee z t Dag BE IT RMSOLWO by the Vi,11.- ,ige of 1 Jh,---,, .1age c:)f w"J"],Le"wood, asD ft"LlOWSO. Tbat th,,,- 1,h��, Cou.nell bze, and tyj'� uam,,� actio.nty-t"he', Courme'-*.]. rmrxi the C(, . �1, rk ar-Ld dire-,,,,,-Ned tt br,,reb i,,�O to (?,0'-' C,t of �ilid ir-,L th"Z-7-,j th( -'3 fO,r;'.,-gOi?,zg acti,ax,�, Nkyor Llweb1.1( m,, thlius mcticxii for the (,:)f ,-iaii re-sal'ution. all yk,,Mber t"c",e re.,solvition and wcv(d a--tdoptic-m-. 59 -9-86 RFOOLUMOW CORTUXTING THE MINUIT113, OF METING HELD MRCH lcrii TOMEREAS a xmeE ting of the, COUJIC-11. VUS dUly a,'U'd az-�x,� Snar�eh 1,9, 19- 9, ard WIMIRMS", at amid lw,,,,3eting t1t, e Village, Coune.t--.11-1, by remolution de- -f,;' - -- x 't '[ -,, t �,,, • -m - d if , a x r,,, ix�,� e d 16, --� t , t hu i Tr rapj i 7 o,, F � �,m. ,, n . x r c j e, , c i � n t; h 9, Yk- i t 4-4 A d ,, i u, Kroiss Addition, Dtnnahaaha HIgh-lando, Dalvbxbs, Fifth Addition and Kennard Street should thereafter be refcixred to as 11riprove- w'-nt 59-19 ar-4 WHEREAS, the minutes of said vieeting as pre-�.,Iously- certifted do not reflect tbdz action by the", Village,) NOW TIDMEFQRE, for th pu_xposa of facts anal Eo".".,,Ipplying an owdasion in the Kqimtttes of said rmeetii.,_zg, BIT3 IT RE'30,13nEl, by `��,Lz Village of 11110-he Villag�ell of 14�plavooq-, Panwaesota, as follows- tbv�-�, adn,�attv�,.,i of t1he 0ounned.1 be anB the samze are hi,;-,�reby em.)ndeA so 'to show abo,,ve action by the coux"Cil alA. the Village Clerk is ha�i,-reby alathorized and directed to Correct the cuf �,,,,.aId. rei-Iting i,.?% th.(", TV ooA s9 aAr to c,=ractly tlh�a fcr,,ugxlnng a,3�tion. ftedber Schndd aeconded the motion for tbvB adcpticxx of said Ayes all, Meeting adjourned at 1.30 A,-M. 4;1 es R, Pietila erk SEPTEMBER 179 1,959 The re.Aular meeting of the Maplewood Village Council was called to order at 7-0-00 P,X. by Mayor Luebben., Other members of the Council present were Trustees Berger, Hajioek, O'Mara and Schmid. Absent: None nu Trustee Schmid moved, Mayor. Luebben seconded that the August 20, 1959 meeting minutes be accepted as corrected,, Aye a - al 1 Trustee `Schmid moved, Trustee O'Mara seconded that the September 39 1959 meeting minutes be -accepted subject to the following correction: MR. J. A. TRUNZO - 2668 BRAND STIMTi Change: After considerable discussion Trustee Berger moved that Mr. Trunzo pay soventy- five percent of his original sewer assessment as his total sewer assessment anal use whatever method he sees fit to connect to the sanitary sewer. Mayor Luebben'seconded, Ayes - 3 Nays - 0 To: After considerable di.scussion Trustee, Berger moved that seventy-five percent of the front foct assessment against Vfr. Truilzols property be deferred and that Mr. Trunzo pay all connection charges,, Mayor Luebben. seconded. Ayes - 3 Nays - 2 MR. ANDREV. SHUSTER — R[�QT�JST TO C0NF.,,C9_ 20 LOTS ON R.A.DATZ AV*'_11T3E TO THE NCRTH ST. PAUL SEWF11i SYSTEM 1,11r. fi.,ndreiv Shust(-�,r,) licarlsed in. the Village of Maplewoodg requested permission to connect 20 lots bordering on Rk ,datz Avenue to the North,, between Chisholm A.-Venue 73.-nd McKnight Road to -the North St. Pat-ii Sewer? System,, (le,9,-a.1 do s-,riptions on file in the office of the Clerk) Final approval of this reqr, st lies with the City of St. Pail but initial a- P proval must be obtained fri,-m the Villages -S Maplewood and North St. PauL A similar request by Mrm w'-:73's approved at the Sepuember 4, 1958 meeting of the Maple- sATood Village Co-ti-ricai"It. In ;iiew of the above., facts and a.-fter discussion Trustee OMara introduced and moved the adoption of the following resolution: 59 - 9 - 87 RESOLVIE'D, that 'the Village; of Maplewood inform. the City of St,, Paul and the Village, of North St. Pail that sanitary sewer service, can be phy-si.cally provided In +.he Ra-datz Avenue area cac e, n't to North h S t y Patti I b,,,I't w.-,L.1 1 pro ba:b'l y not be P-Z-ovidedi for an -indefini-te period- 9 BE IT 1TUJRTF1ER ffiq,'SOLV.1�11D, that the Village of Maple-wood has no object-lons to a temporary connection for twenty (20) lots to be de-ve*loped by Mr. Siraster I'M the V`Lllage of Map]-wood to make a temporary- connec-Itlion to the Nor-th St. Pai).l san ' terry sewer system. Howe, erg any persons making such a connection will be required to connect to any flAtUre Maplewood se�.,rer const.k.u.�,-tted i.n this area and sit.ch persons will be subjer to noiy-nal, assessmen-ts for such improvement. Mayor Luebben se--conded.. .Ayes - all .1 1- 7 AEDEEW S.T-RTST11_!JR - F201-0,ST TO BUILD ON LOTS IN DIRK PAia ACCORDING TO A JULY 1 195 T'RY(ENT 'dIT11 TIP', VILLAGF1 C 0TTNCTI, a The Clerk read the fol.lowinp ap reement from th e J ul - y 1 9 1957 meeting minutes: "Andrew Shuster advised the Couno-il that the homes proposed. for loonstruction in Lark Park are all below- the new minimum are,,7:�. requirements of Ordinance No. 41 adopted at the June 209 1957 meeting of the Council. He asked if' he would be requiLred to change the pleJ.ns after having secured the approval of the g Mar overnment fi -cing, ap ,encies. Resubmission would req:aire consi'derable time and additiona.1- expense.. The Council assured him that the intent of the ord"inance was not to penalize si..ich projects and that an adjustment in the effective d,.-),te -�,,Tould be ma.de in such cases". Mr. Shus-ter stalled he has twelve (12) lots in the Lark Park ",dd.ition. on which to co-fT)p'lete 11 cons tr-action and that he has the p - ,,ove;rnmental finaric1nc), ap .1 o f the wo, k. e;n.cies approv,@. r He also presented c(-.,nditiurial sales a.,=--eements on oleven of the lots in question. In view of the above information Mayor Luebben moved, e Schmid seconded that Mr,, 19 Trus te Shuster be allowed to build on the .Lots in question in accordance 'to the area, requirements of Ordinance No. 14 and that if the B-Liald.ing Permits for the lots in question must be --,applied for by October 1, 1,959 or Ml,, Shuster will. have to comply with the area requirements of Ordinance No,,, 74 Ayes - Berger - llaii,oek 0 - Luebben - S ohmid Abs tained - 0 1 Mara OPENING OF BIDS FOR TIE, IMPROVING OF RIPLEY STREET FROM BRADLEY TO It"DGERTON ROAD: 1WHEVEAS, pursi.i.ant to an advertisement for bids Edee,I'Con Road tu, Bradley by grading and. �,r rave l there were, any more bids on the prole cA. Hear tirfie for the acceptance of bids closed at 8:00 read the bids submitted. The following bids were receivedo. for the-im-orovement of Riplay Street, from ba.se const,nictionsq' Mayor Luebben askc d. if ino: none. offered 9 Mayor Luebben declared the rz; P.M., and instructed the Clerk to open and Bartels and Angel Company, Minneapolis, 14innesota - Total Bid $6,620,,609 accompanied by a 10% bid-bc nd,. J. P. Sinna & Sons, Inc. St. Paul, Minnesota - Total Bid: $49213000 acClompanied by a 101 bid-bond,, Mayor Luebben moved,, Trustee Berger seconded that the bids be referred. to Milner 1.T® Carley I & Associates for :recom- mendation and report. A.Yes - al '.1 E. 0. G-Ausm-o - n60 FROST AVEN`UB_-._ Otis Godfrey Jr,, representing E. 0,, Cattsman, owner of the property at '11160 Frost Avenue re(.Vaested that the sewer assessment agcy ins t the property- in question be reduced because the plumbing in the building is approximately two feet below the sewer on Frost Avenue and. t1-h-erefore9 cannot be econom-J.cally coraieir,,Aed to the sewer. It ware explained to Mr. Ga:asman that becatise the building wa,,-.,, a commercial structure the first floor mint be connected to the sewer. In regard to the basement it- was explained that he would be allowed to -ontinue to -use hls. individival sanitary disposal system until such time that sewer is -ivailable �Irom either Frank or 1�,dvard. Streets or the Health Inspector re,Comm-nds connecting the basement -to the sewer on Frost Avenue,, This action was taken with regard to a letter directed -to Mr. Gausman dated. January 29, 1957 and the report of the Ma ulewood Pla-lining CommISSIOn ofJanuary E19 195 7 whi and moved the adoption of the following resolution-, 59 - 9 - 88 dITERELS), pursuant to actior-i. b�/-- the V`JF1,1,,a-ge Cc), of Mfiplewoo(, I ons ider MJ1nnes,ota a he�.-irii-g was ,�,aJled fol' 8:30 PAY1. to c tl-he vacating of Plandra.u. Stree-t from Prosperity Road to Sa_ndhu_-r7st, 'vJEREAS, hear-4Lng o.r-i. action way- preceided by two i-.reeks published prosthed :r.Loti.ce., and po ',,on -,-o Sad no ane has appe. aa d. in o i t J d ac t,1 n am NOW THEREFORE. B.11E IT li.ESOLVED By the Villa-Ke CounoJAL of Maplewood, I'llinnesota that F`_,.,uldr,Du Street from Prosperit,,�,- Road to Sandhi rst be and the same i's hereby vac, aced . Truste,,- HaJ)',i-,_,.k se.onded. Ayes - al I JOSEPH SCH,P/ARTZ - 874. ASHLAND STREET: Mr. Schwartz stated Ithat he hFid reoentl�, - h,9 --,- a . Jot on. Hazelwood 10renue two hots north of County Road C,. He requested that the VilDaE.-p -run the sanita,,:i3, sewer north an Hazelwood so he coulfl oo-nnect- the structure he is planning on btii'lding on the lot to the sewer system. In view of the fart that sanitary sew &r was originally contemplated for this street and its c:onstructio!-1 is feasible the; re(p,,Pst of Mr. Sch,Ar,_;!_rtz -0.'as approved,, JOHN H. BRODDE - 18 Ftj LN L lvtr,, Brodine -requested a defeln-ae-n 15: in his sewer assessment beca�jse of the excessive front- a,,,,e he owns. Being that this land w,,,,.s riot, farm. property and. was p"katted the request was denied. 'AGREEMENT Ji.GHEEME'NT WITh MAJ.ffIN ANDE'1-60N CO1�j_STP._1JCTION COMPYU�)Y - TEMPORi.-IRY CESSPOOL - Trustee O'Mara moved., Mayor Luebben seconded that the Village enter into agreement (said agreement on file in the office of the Village Clerk) with the Mary ,in Anderson Const- ruction Company permitting said company to use a temporary cesspool arrangement until the sanitary sewers in his area are accepted by the Village of Plaplewood Oyes - all ACCEPTANCE OF IN THE M/kRVIN iUUEJRS('1N IST DIVISION:, Mayor Luebben moved that T],us-C.ea O'Mara be given authorit, ' .,., to accept the sevier construction in the Plarv_i-n ArLderson Dst Addition upon reCOMMendation of the Cons-ulting Sanitary Sewer E-nnginee,r. Trustee Haji-cek seconded. Ayes - q 11 MARVIN ANDIilRSON CODISTRNCTION COMPANY TION OF 3" IAELLS: A letter received from the N.arvin Anderson Coristruction Company :requesting the Counci i permiss)"Lon to allow them to Continije the instal.."Lation of 3" wells in the Marvin H. Anderson 1st Addition for the followino,; reasons—, 1. The government financing for the project has all been done on the basis of 3" wells. 20 Of the 95 homes to be built in the area, 61 have been sold. 5. To change to 4" wells would. cost approximately $350-00 per well In view of this Trustee O'Mara moved that the 95 homes, i.n the Marvin H. Anderson 1st Addition be allowed to have three inch (311) wells installed to the end of -the present committments with the Federal Housing Administration and the Veterans Administration without any further extensions., Trustee Berger seconded. Ayes - all ORDINANCE IQ,. 8 Trustee Berger moved, Trustee Schmid seconded that no will permits will be issued on any well with a casing than four inches after September 16, 1959- Aye s - al I PURCHASE OF PROPERTY FOR N STRT,,ET: After discussion the following resolution was introduced and moved for adoption.- 59 - 9 - 89 Pursuant to report of Joseph Bettendorf, Appraiser for the Village of Maplewood, and Frederick P. Memmer, Village Attorney, and upon motion made by Gerald Berger seconded by Mayor Luebben, it was, RES.OLVED, that the Village of Maplewood purchase; Lots 1, 29 and 3. Ellen Grove, Tanners Lake, According to the plat thereof on file and of record in the office of the Register of Deeds in and for the County of Ramsey, for the s-um of Sixteen Thousand and 00/100 ( 816, 0000 00) Dollars, with the understanding that the owner will retain the buildings and move the buildings from the property on or before June 19 1960, and, IT IS T,`URTH[.PR RESOLVED9 that the Treasurer of the Village be and hereby is instructed and authorized to pa-,y to the owner of said property, Mrs. Elenora Rosenberg, the sum of Sixteen Thousand and OC/I00 ($2.6,000.00) Dollars, and deliver a check therefor to the Village Attorney to consumate the sale, and, The Village Clerk is hereby instructed to make application to the Minnesota State Highway Department for reimbursement as pro- vided by the Village State Aid Street Statutes. Mayor ,Luebben seconded. Ayes - all NF,IST'.P,R HIGHLANDS REZONING HEARINGO.' M.V or Luebben set a hearing for the rezoning of: Lots (2), through seven (7), inclusive, all in Block one (1)9 Meister's Highlandag according to the plat thereof on file and' of record in the office of the Register of Deeds in and for said County, from R-19 Residence District to "Limited Commercial" and Lots one (1), nine (9), Ten (10), eleven (11)9 twelve (12)9 thirteen (13), and fourtel-- (14)9 all in Block one (1) Yleisterlq Highlands, according to the plat thereof on file and of record.. in tLe off ice of the Register of 'Deeds in and for the said. County, from R-19 Residence District (Single Dwelling) to BC, Business and. Commercial at 8:00 P.M.5 October 15, 19590 DOG LEASE TIMF, EXTENSION: Mayor Luebben movedq Trustee Hajicek seconded that the Council extend the time a dog must be kept under restraint to twelve morths. After considerable discussion Trustee O'Mara moved that the motion be tabled. Trustee Be.rge.r seconded,, gyps all INDUSTRIAL COMMITTEES, Mayor Luebben stated that he will personally attempt to reactivate the functioning of the Industrial Co=ittee. AUTHORITY TO BORROW $209000.00 After discussion Trustee Schmid introduced and moved the adoption of the following resolution: 59 - 9 - 90 R04SOLVF,D,.`THAT -the Treasurer be and is hereby authorized and instructed to .borrow $209000.00 for a period of 90(ninety) days from the First State Bank of St. Paul and that the Mayor and the Treasurer be authorized tc execute the necessary instruments. Trustee WMara seconded. Ayes - all REOREATION CONMITTEE REPORT: Mr. Byron Holm, Chairman of the Maplewood Recreation Committee, presented the following report to the Council. The following parcels of land were recommended to the Village Council of Mep le. wood as possible recreation sites,-, 1. Lots 1, 2, 3, & 4, Block 1, City Heights Addition - Southeast corner of Jackson and Kingston. 2. Lot 9, Block 5 , Parkside Addition - Northeast corner of Kenwood, Drive West where Kenwood Drive turns East. (Approximately two blocks south of Roselawn) 36 A portion of Lot Aq Parkside No. 2 Addition ,, Across from Mayor Luebben's property. (A field survey, of this property would be necessary to prepare an exact legal description. 4. Lots 1, 29 39 49 & 17, Block 4 Hills & Dales 1iddition - On the South side of Burke between 1'.tlantic and Chi mbers. 5. 'The Southeast corner of Ripley .,,nd Duluth for a distance of approxim.:-ttelv, five to ten acres of land. (Legal description to be worl,.,.ed out from records ,-.j,t the County Auditor). 1 6. Lots 1, 29 3, 4, 8c 5, Block 1, P'linty !'A.cres - Southi,,!est Corner of Mirnehaha and Ferndale. 7. Lotq, Block 8, Bartelmy ,,.'�.cres _ I.T'he northerly lot on Fr�nk Street from. Bartelmy Lane to Mar7),, Street. 8. The '.)est 588 feet of the East 803 feet of the South 500 feet of the Southeast 1/4 of the INVorthwest 1/4, Section 1(:', Town 29, Range 2"?, Subject to Gerv,-,.,is Avenue (Hazelwood and Gervais /,venue). 9. The South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25, ""own 29 Range 22 except that portion lying easterl,,T of Glendon extended, also lots 1, 29 39 & 4, Block 10., and lots 5, 6, and 7, Block 11., Bartelmy P.,cres 2nd Iddition - 11 Ferndale from East Seventh Street to hichael Lane. Ma ,or Luebben moved t1i.,-_�t the Village .,"Lppraiser, Joe Bettendorf be authorized to make an appraisal of the property recomri!.�nded for purchase by the Recreation Cori-miiittee. Trustee :.i Berger seconded. Meeting adjourned at 1:30 A. PT. Jlames R. Pie tila Tillage Clerk Village of 1,11aple,,iood Ayes - all SPECIAL MEETING OF THE VILLAGE C.OtTNCIL IMiLD &EPTEMBER 229 1959 A special meeting of -the Maplewood Village Council was called to order at 8.6.00 P.M., September 220 1859 by Mayor Luebben. Other members of the Council present .were Trustee Berger, 11ajicek, O'Mara and Schmid, Absent: none. After considerable discussion Trustee Berger intorduced and moved the, adoption of the following resolution: 59 - 9 - 91 WHEREAS, pursuant to an advertisement for bids for the improvement of Ripley Street from Bradley to Edgerton Road by grading and gravel base construction, bids were received, opened and tabulated according to law, and the following bids were received complying with the adver- tisement: J. P. Sina & Sons Construction Company $49213,00 161 Bid Bond Bartel - Angle Construction Company $69620060 101A Bid Bond I'fffD WH PRE AS, it ap ' petaTs that the-,. ic, P,, Sjjja, & Sonisog of St" Paul is the "Lowest responsible bidders NOW Bl'i IT R1.;,'S0LV-5,D BY TH[i, VILLAG-!; CCITT1,11-CH, OF T IT IIVP!,SOTA: The 101'ayor and Clc --Y,-k arlF ,� hereby a.utho-1,-,:J.`.zed and. direct,ed to enter into the .j contract with tlhca '4 ,, P,, SDaa & Sons, Inc,, of S' t. Pau'll, , Minne','Ota for the improve- ment, of Ripley Street. from Brad']-cy to !:M.gerton Road a,cccrding, to the plans and specifications tltereforre a-j-.ip"roJ-v-k-:,d -rjy- the ;ouy).'-1.1 and on file in then officbe of the Village C.1e-.-rk. I -. 1� . fl .1 h ..L Th,-:; Village C'-Irk is h,-ax-e-hy- a-u.th,-)-rized avi.d di�rent�.-,'id to r-c-lu-nn forthwit to all b dd rs. 'The de-pjEil;�s; mad le w-!'.',h thal.-I the de dos itF Of tile sigmd,, s,,uc b d d. E, al, 1. 1; ro Trustee ,ec-,,.)nded,, Meeting ad1jout,ti-le'd at Q-,01') 11. ti`. AiTes Ja R 1) -J-E'� 11 a cl'. ODER -0 C °rhe' (03, P , m by Mayor Lu-v�,-bb, za. 0tho-r mtv,-mb1tvr'B C--x th,,--. .fl BeTgaar, -H:aj1_jC,?,ekq 00Yntra SchmdAi�,, k1y-saat-q xqona & TE FOR A 13 SCI 101 11(3 PFJ T by thita following ":.e� p't' 'ot . A - sL'21 '19591x.�E''etlaag The prc/p,*,rty- cas'ya,,-3" J vy RM . & '1&'a C�oa nv�r Kza a-��,+,6 a, S t r: - f:,.. t a n d 3L & t Y"'v'r' West 0', & the Nort"I'l 7 &, 21 kin, East L c, 1 �G a 2 0 Ait 2 9L'L on t.,hp. South The prc/p,*,rty- cas'ya,,-3" J vy RM . & '1&'a C�oa nv�r Kza a-��,+,6 a, S t r: - f:,.. t a n d 3L o-cceasible only twhrux, driva'xTay ears-ment from Bush, Avenue on the north and Dunnshehal, Avenue on the Scuth. M-0. O"41o"O'n ote-te'd tb�ey •hazA al, stuacceso, to obta�,,n 'the, n(�,-,cessarzr Sixuat=eS On a of a, t,,, hat Would lk%va made the Parcel of lamv,31 1"'.1 on, sm Street. Bex,,atzsp, of their to pcel:,ilitVion for the of -p -ad 'a q a atreet ne-r,e�-rzity to S,;Ad thte,, parcel cf laT '. 10 ftr. 010on reqllest,;ed tLhe B,,,e�S`1,d---1,7C(j? Cc.(I,,fz b, %73 Yu thiz and a BjA1:,d1,,tjg Pex,,mit be i s sia, d to hdlm, ba "t -ig Q on ,hrustee OQY-ha-ra �,,cnztruc ve it and, tkxat Village al1c,"mo, 01��dy Onte i�slTj,,,Y,,,, 1. Ait"L to a lot. DJL-. Ols, r, stated the-,t ",""dne P, of' laz�dl ItIO a-416, Splittiz.%g it into two 1"'Aa 'imu-1 D-�-2m*t is ,zrauntte;d, t b�,e a":; t lid Trustee Berger ,eltawed tho Q-f Q301,21 't Zge-,, c)Wraile",�') cf IOU, r l(, Tr), ,,,�a the popositcn �f acqmdl-x>g f<c,,,ap of a a t vm m 1 a;nUa froa BuaAeae ta pl C cdAg ct In view of the above3 an'd of W''. &-, Pk s. to accq,,�,�TJ�r(m -a petition for t:fie ,,,�f a tt-j t J� J, k4" S ckD- i-i L d �ty, move dg Truate6 Z�It, IM High]!�,amc'11e, $ 6o .,q D,,,t 1-�) BL,(,--J� 'j, Hr -,0 $( .94 L(c,"'. Elk. 9 :FC1 J-0114 F,, WTEXIS - FXqUESIP FOR ADJIMSTIVEN117' �11 C.MB NG ASSESSMmr.- k,,r,&-,n r sn��jdsr, Mohm" 244-,), Mc. Law.-) r.,. jmce E) . S h i ej r UD, M- 111,, c tk-.et t e li5 mem"(1, of H A, g s s, "m vc,uld be b i , (md x i- omm i, (f r. L zj �j ct, "n"'w 1. Z assessed q Avemue, aad- the -t%las an.7- f" 2 1A L ,� t he c f to the niotic�as sent the, a,;)ov,,- tldoay al,,,�seazed for short sidt-, of tTbedr Ict plus. -ten, In view •of this and mc,ved the adiolpt.-Lon of thle following resolutiom,,- 59 - 10 - 92 RESOLVED9 thkLI-,7 -O'l-'ha.-C �t ,,rk 1-s hereby aut.LorA,-x.,ad-ava,,1 dir6cted J qhaxrlgij-� Vhve passeezment for the, followimag for machdne 1padkd biti-xminous q�t4mrb-mg ato a rate, P- eq%om-1 to 20% cl' 1,;he 'or the , ide by the -*&.mp:1*,oVerae,(xt and to make Lna the Ay,,es - e3,31 Revised: $12.1.8 $12.18 $ $14.o6 $6o.94 Z�It, IM High]!�,amc'11e, $ 6o .,q D,,,t 1-�) BL,(,--J� 'j, Hr -,0 $( .94 L(c,"'. Elk. 9 :FC1 ",""s.,; 1 Ligg t", jI, $70 -32 Ay,,es - e3,31 Revised: $12.1.8 $12.18 $ $14.o6 Mr. Meyers also stated that because of the sever construction in 1958 his boulevard was disrupted and it has not been restored to its original condition. The Village Engineer was instructed to check into this matter. M:dUST W. HURO Z_ 1 53 ENGLI.Sli Mr. Huro-requested permission to delay connecting his residence to the sanitary sewer system. At the present time the structure is without plumbing. Trustee O'Mara moved, Mayor Luebben seconded that because that this structure has no running water or plumbing facilities that it not be required to connect to the sanitary sewer system until such time as plumbing facilitier and water facilities are iratalled. Ayes - all GLADSTONE FIRE DEPARTMENT: Myor Luebben moved, Trustee O'Mara seconded that the Gladstone Fire Department be issued a one day ON-SALE Beer License for October 4, 1959, without charge. Ayes - all ALVIN T. MIESTER 1820 NOHrH STo _PAUL GOAD.- Mr. Meister presented a petition to the Council requesting that the question of "wet" or "dry" be placed on the ballot at the General Village Election of December 8-t 19590 Trustee O'Mara moved, Trustee Rf*-rver seconded that the petition be reviewed by the Clerk and the Attornei, and that it be presented to the Council, at the October 15, 1959 meeting with report- as tea its validity, Ayes 9 all NORTH MAPLEWOOD COMKJNITY CLUBS The following letter was received from the North Maplewood Community Club. At the last meeting of the North Maplewood Commnity Club a motion was presented and voted upon, that the Club erect and maintain a skating rink again this year. It was also acted upon that the Club ask the Village Council for the necessary funds to purchase the lumber necessary to erect a rink at least 500 X, 1000, or what ever size the Village Council deem appropriate for an area as large as we plan to serve. We plan to erect the rink at either the Maplewood or Hazel- wood School grounds. We have obtained the permission from the school board for this tink. Mr. Zappa, President of the Club, asked if they could have the permission of the Village to construct said skating rink and any assistance the Village may offer. Trustee O'Mara stated the Village would authorize the use of their sewer-flushing truck. for the flooding of the rink. Mayor Luebben moved, Trustee Hajicek seconded that this matter be referred to Trustee Berger. Ayes - all KO BLA0 LANE Because of a change in the right -of -way for the proposed construction of Kohlman Lane and increased costs Trustee Berger moved, Trustee Schmid seconded that the improvement of Kohlman. Lane ordered on May 7, 1959 be cance'lled. Ayes - all In view of the right-of-way changes and the increased cost for the improvement of Kohlman Lane Trustee Berger introduced and moved the adoption of the following res- olution declaring the adequacy of the petition for the improvement of Kohlman Lane by grading, gravel base constru.c t ion and dra-_Lnage constructo,ion dated January 13, 1959 and cardered the preparation of report, 59 - 10 - 93 BE IT RESOLVED BY THE VILLAGE COUNCIL CF MAPLF1,WOOD,'MI LANES (YTA-. I.A certain pe.titi'.on requesting the improvement of Kolhman Lane from the East Line of Keller Parkway to the North Line of the SW 1/4 of Section 4 - 29 - 22, and Beam Avenue from Kohlman Lane approximately _')�00 feet East by grading, gravel base construction and drainage construction filed with the council on Tanuary 13, 1959, is hereby declared to be sighed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stats., Sec- 49-035o 2.The petition is hereby referred to Milner W. Carley & AasOciates and they are instructed to report to the council, with all con- venient 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 recomtnended. Trustee. Schmid seconded. Ayes - all i In anticipation of the Council's directive to prepare preliminary plans on the Kohlman Lane Improvement the following report was submitted by Milner W. Carley & Associates. 1. That every effort be made to begin this improvement at Keller Parkway rather than approximately 400 feet east. 2. That only grading, gravel base and drainage construction be considered at this time and that surfacing be withheld until, sanitary sewer studies are completed and until more houses are constructed in this tires. 3- Our preliminary estimate of cost of grading, gravel base and drainage of Kohl.man Lane from Keller Pkwy. to Beam Avenue and., From Koh an Lane -approximate lY, 5 00 feet e4s.t is $229350.000 4. This improvement is feasible and can be carried out as proposed. In view of this report D/�ayor Luebben introduced and moved the adoption of the following resolutions- 59 - 10 -94 WHEREAS, pursuant to resolution No. 59 - 10 - 93 Of the Council adopted October 1, 1959, a report has been prepared by Milner W. Carley & .Assoc fates with reference to the improvement of Koh1man Lane from the East line of Keller Parkway to the North line of the SW 1/4 of Section 4-29-22, and Beam Avenue from Kohlman Lane approximately 500 feet East by grading, gravel base construction and drainage construction January 139 1959- NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF M&PLEWOOD, MINNESOTA: 1. The Council. will consider the improvement of such street in accordance with the report and the assessment of abutting property for all ors a portion of the J_ , Ia. cost of the improvement pursuant to Minn. S tats . 4.29.011 to 429.113 (Laws 1953 C 398 as amended ) at an estimated total cost of the improvement of $22,350000. 2. A publsc hearing shall'i be held on such proposed improvement on the 29th day of October, 1959 in the council chambers of the village hall at 8:00 P.M., and the clerk shall give published notice of such hearing and improve-Inent as re- quired by law Trustee Berger seconded. Ayes - all STANISH HIG+1_D-',kJNMS 11A1_)-ROV`TAEN9? A. petitic'n. was received from Muske & Tansey Company of St. Paul requesting the im- provement of the following streets in the Stanish Highlands Addition by grading, gravel base construction, bituminous surfacing, bou-1evard sodding and sanitary sewer Construction. Hazel Street from Kingston Avenue to Ripley Avenue. Ripley Avenue from Hazel Street to Ruth Street. Ruth Street from Ripley Avenue to Kingston Avenue. 'After review of the petition Trustee Berger introduced and moved the adoption of .-the following resolution-, 59 - 10 - 95 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD MINNESOTA-. 1,, A certain petition requesting the improvement of(l) Hazel Street from Kingston Avenue to Ripley Avenue,(2) Ripley Avenue from Hazel Street to Ruth Street, (9) Ruth Street from Ripley Avenue to Kingston Avenues by grading, J J_ gravel base construction, bituminous surfacing, boulevard sodding and sanitary sewer construction pursuant to Minnesota Statutes, Sections 1�290011 to 429.1,11 (1-81,78 1953, Chapter 398, as amended). The area proposed to be assessed for such improvement is $269315-00- 2, The petition is heraby rt,,f erred to Milner W. Carley & Associates and they are ina•ru(,,,,t•d to report to the Council with all con,,�enient speed advitalzig the Council in a preliminary 'way as to whetber the propo. ad Dnpro-,n.-,.ment is faaaible arzd as to whether it should best be mala aa propozed. or in c(onnection, witb, uvw, otber impr,,,,nur-ement and the (N-,ost off th,,F,� improvernant as s-' -,,zild b�-� kranwn, a6 Ml,� - BIT - lQ59. 30 Ttruat,,.,�, Scabmld, Aves - all In anticipation of plans. Ve.,rn Ljungren- preserated fc1,lcrwing- report 1,')o thva, C( to the Staniish. Highlands Impr ovens at A, TY-,,, "t the Propoa' .--,d impra',irey�,w;nt is fep ,;-Iblla . B, That ro-ad. Aay b,_, carrieid onui� as ,.a separate.. improvement. G. Vhv a-t now "mr i (d in nrdelr W, y pro"'), D. The total co 'S t of t;,hk ,, k%Iroopoaed- improvemt-.-'rlt' ie $a6 61-5, .00. In view of lhhe above raiport ani mo`�,7ad VtV�� of -the folloving reoclution.. WIM0-EAS9 tco rE�-Z�Cllllt-1,LO:a NO. 15'9 - 10 - S", C", th'3 adopted October 1, 19�9, FA has 11ei)y r W. A,,si-.-,c,,,,1atr-,s With reference ',',o iza- t1p of Haize�l stre",ta"t from. tS.') RJa.P'1eYA-jenu'1e t) Kingston, Avenue by gxardi�.rag gi.av6c,-1 baa,� s�,.zrfaeing, bou-.'Le- vard sodding aTAA sanilv',ar,y sewer pursua:r,,t to Statues, Seetions 429,0111 to 5,.29a1 1. (Laws 1953 C aPt'r 398, g a� ameziided) area prc-)pco'ed to be assessed for .9oach improvement, is the pro.p6rl-�y abut'tiz�xg, on st-reet'. Thte est.I.Mated coat of Ejaeh impro�-rexxnent is $1.-.6, t;h-is repo,,,rt r�-.i;(:,.,,eived by theiCou,ncil oil. 3 0(,-,tobez 1, 191"-'g. NOW 191EREFORE, BE IT M,'SOUVED f-3Y THE VTUAUGE COUNCIL OF IVI&PLEWOOD, MNUES OTA -0 1. The Coumau-,11 will (,,bonsider the improvement of street in accordance with the report ar.A th!,, assesaament of aVatting property fox, all or a portion of the, inn. Stats% I , 4 . . , ,,oat of the improveinent purauant to inn. . - t S e es - 429.011 to .29 Ill (Laws 1953,) Ch- 398t amended) at an e-;stimated tota.,_ cost c)f the improvement of $269315-00- 2. A putj'.Jc lwoarirug, shall bre heidld on ,;�,uch day of October, 19�'q In tkw,, 0ci,21n,,cil Ghc-uhbe,�rs cf the the Clerk shall give published :aotJlce of such heari: law, Trustee SobrAd secoi4ed. propoaed improvement on the 29th 'Village, Hall at 8.30 P.M. and ag and improvement as required by Ayes all ENG110TERS RECOUVIEINUATION FOR FINAL A0,CEPTANCE - KROISS ADDITION.- Vdlner W. Carley & Aasociates submatted to tlip_;-� Coun(,"�il th,-7)jr Erginoeer's Recomealation for final acr,,;ejptance of t1hf_=, Work d(r-n-,,e in the- Kroiss Addition. by the, Ray Sena Contracting Company. Said report oun im the_,, office of the 'Vill,age Clerk. In view of Daginef-�r',3 &;, comme,,YA,at, ion for final. acceptanc,,,e c9f work in. the Kroiss Addition, Derge'.r intr(nduced arn)d moved adoption of t1ji following resolution.- 59 - 10 - 97 WHEREAS, purstiani; to a, written contract signed with the Village of' Maplewood on April. 90, 19,-)9, Pay Dina CcIntracting Company of St. Pai.,4.1, Minne,--.,ota has satisfac- torily completed the ijaproverrient of Grandview from Hazell..viood to Germain Ge.rmain from Gervais to Servi(7e Lari(:- Servi�,e Lane from I-Iazed.wood 1.,c) in accordan-e wJ�Lth s-1-111 co.n.tract, 110,'W 'APHEEEFORLE, BE 11' RESO1,'vr'1_!,D D"I T.1-11] VILLAGE COUNCIL OF I.JAPIZWOOD, MI LANES OTA; The" Work. col-.Ipleted said cont.ract is herleby and ap- roved , and 4 P BE '11' FUTUHER RESOLVZ�D,o Thuat the Village Clerk and Mayor are hereby direet,:,.-,�,,] -to a pr, pe.,,r �):vdler f".."r fina..! on,, sucj-,t t,'.aking th-e in lvk- yar Aye-� -, a3:._'1 ENGINEET60 RECOMDCiNDAMON FOR FINAL ACCEPTANCE -- KOM= ADDITIONI M i I i inar W. C a,,,! II e y & Aas o c : i a t rj; s 9, i� b m i IV t, e d to t h(- C o u,,n c, i. t1-.e-i -_ r E x i. g,1L n. e e r I s Re c omtU e n d a t i o n for Final Acc6ptan��.-.e of the work done in the 1vioritz by. the Ray Sina Contracting Company. Said report on file "IJi th e office of th;,e Gle.rko In vie „r of -the E.ngineerls Recommendation for Fiinal Acceptance of i,,,jork in the Moritz Addition Trustee Berger introduced and mc)-,.red the adoption of the following, reh,oiut ion: 59 - 10 - 98 WiTEREJL3, pursuant to a written contrac,,t a-l.gned with. the V-1,11,age of Maplewood on Apri 1 30, 1 Ray Sina, C on-'r,'-ra c t. ixig Company of St. Paul, MJL r1nes, c)t. a has sat i s f ao t orlly coaiplelved the ihnprov(--,�ment of Sherrer, Street from Barclay to Hazel-wood North of' Cope Street froin Barclay to Hazelwood Barclay fl'Offl Cope Street to Sherren .&.n accordance, with such c,,_)ntract, N0 TH1.`,PEFCRE, B-T, IT RESCUED BY- THE VILLAGE COUNCIL OF MAPLEWOOD MINNESOTA: The work comple-ted under said contract is hereby accepted and appro-ved , and BE IT FURTJ ER RESOLVED -0 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 ful.l., Triistee S-_�.mid seconded. Ayes -- all ENGINEFRS RECOYMENDATION FOR FINAL ACCEPI.'A14CE - MINNEHAHA HIGIff,42DS: WHEREAS3. pursuant to a writ taw .n con-tract signed with 'he Village of Maplewood on April 30o 19599 Ray Sina Contracting Company of St. Paul, Minnesota has satis- factorily completed the imp.-overrient of Ba:r.,-te1.tqy- Lane-""ran Minmehaha Aventie, to East Se.ve,!,.-th Street lv6-,ry Street-from Milrinehaha Avenue to Bartelmv- Lane East; Seventh Street-from Weot 11�',ne of Minnehaha highlands Add. to Sterling Avenue. Ster '.11--.i.na Ma,.-r,,y Street to Dast Seventlh St."reet Meyers, B,14sh. Avr-..r.u(,, to East Se,�rent)la Street 14, _ 1; o Bush. Mrenae-from VVest 1-me. of Ydnnehaha HiglUands Add im to Baxtelnq lame, in ac 1,0, oxd an.,,-, e 'with. a u a, o n t r a c -V 9 N0W IiHEREFORE, BE IT RESOLVY111) BY THE 'VqLLAGE COUNCIL OF MAPLEV�OOD, MINNESOTA..- The w4. -. "°k comp,1e-t,, =�d sald ,--oY.-A1ract_ 'is hereby and approved, and BE IT FURTHER RESODILT.- That th.e VJ-i'.I lage Cle-irk and Mayor are hereby directed to -11�5sue a prc.�per order for the fina.1, payment om such contract, takirig the contra. c to.r 1 .9, receipt 2 fii,tiIlo Aye-s - al,2111 ENGINMRS RECOYM-NEKDAY-10N FOR FINAL AC0T?17KTqCE - KEEN -4M STREYT..- ldln,er W., Carley & Ra(�,!(xmmendation. for Final of wz)rk dorae lin stsl-� e-t lrv�-,,r Ray Sir..a Go�atracting Company. &d.d rep(ort on", filo-, in the, age - - in Qf vcxk :1.-, Ker 'ard I n v i a w o f ' t, ha, E n g J, )ae f a-o, "ce 's-, Street, B-,:ri e2 M( -d F 10,� WHEREAS$ pz-=suamt to a writt,en .)xra ��,�,tract gig -ne-,d wIL-th the Village, of Maplewood on April 30 ,4 1,959, Ray Sina. Coutracting Company of St. Paul,, Minnesota bas satisfactorily complet-I'd the impr(,�� eve ma,nt of Frost A7,re-,,r,.,ua t,,-) South Rose-wood NOVI THEREFORE . BE TT RESOLVED BY TI-F, V11;LA.GE COUNCIL OF MAPLEWOOD M9 IT17TS 01 A - Thy; iaork cormpletFd (".".).ntract is here-,1hy and approved, and .1 V, " " - BE IT FMTITR RESOUVED-. V�-,al; T11'1age, Clkerk cat,,,d kayor are hereby directed 'to iaaw. a px,opex or'd-ex, f(,:�r fl,"Mi.al Payment cm tek.ing the contractorga- Tri tee, Haji(c�ek Ayea - all ENGINEERS RECN%`_NDA7.'(ON FOR FINAL ACCEPTANCE - DEMRS rf.;��_Z,_,__ _�TH AJDDITION: Idlner W. Carley & Associates submlal,tted to the, Ovincil. the-! .r Engineer's Recommendation for Final Acceptancia of the vork doxae. iz). DeMars Additpan by the Ray Sj.m Con- tracting Company. SaU re,,,port on file i,-, the of the V-1.11-age. Clerk. In z R we a of tnen i eclo- ti1on f or Final Accept ,a n (-,� . f wark: in tbw, Depbrs 5th Additix:�, ' Berge r of fo',2.o�,4qftjg resoluction- (Oht-A adc .6 t 9 WTME&S, p�xnalaant to a i,4rritt. n. with the. of Mplewo,-�A apa A TM11 " "D 9 1959, Ray- Sina Contract Ing Company of Pa'al, )VU.nnesota has satalaf actori,ly comPLIlete�d thre:., imprmveunent of in accom-dance wlth� cr.,mtr- aact . NOW THEREFORE9 BE IT RESOLVED BY THE -FILLOE COUNCIL OF YAOLEMOOD,, m D-114ES OTA 2 The work con p],etc,,,d mmder said contract is hereb,,v aoce"pt, r,1 ea, "d app,-�volved am'd .-f . 9 BE IT FTMThRAM PMOU&D `U-bke, '7-,U'Llage. Clerk a,,Iqi 4-tyor &re hosreh,.y d I re cted to a prop �r oxder for t,,,ae fl,zaal tak:.1"ag the contractor, S 'Tru5tee k M d. Aye's GONDEPNATI ON PROCM, 'INGS t Village Attormeyi) *,mmu Y,,,,,iport-led that tlrte, sewer f(,)r pp. hte ail AX ce-ho proix ra-kewood. Str�lt'-,cet amk! t),ac:; Tar(�11812 prcapazrt%,�-, U.pj,,ar iftor,,,' Road have reachad the point whartev condemmation my becom, niece-asaw . to cons lderelble discussion Trustee OlPh-ra and mc,,,)ved the adoption of -the following rasoluticmt .: .59 - 10 1102, RESOLVED, that the, Village Attornzay 'be aul is lm; xeby aut'horized to commence condem"at'lou proceedings for the purpose of sanitary sewer easements in the following described locationes 1, k, parpmratent easement armd. a temporary eaeement over the _Mj of the SWI, of &rvctiom 1. Township 29, Range, 22 property is owned by J. Jordan. 2 2 o f the NWj 1', A. p(,,:;,,rmmament aia, ement and. a 'Imemporary aaaseme,,% t, in -the WEI of Section, 25, Tovziship 229, Range 22. which property is owned by G-turge zachou, Wyor Linc�t,,bban seco�ulad. Ayes - all B11L FOR SEWER CONSMUCTION - CITY' OF ST. PAULs Schmid Til'astee WYPara zrnx1 . Trustee &&Name seconded that the) Village pay the. City of St. pau'l $64.2oceN as t),mr 66-olv IV .�))) oof the tt-,Ittal cci:,Et -Of the Battle Greek Sjwsnr System-Eastern st'---we'r k.pi�a - a-11 GLM - REVOCATION OF LTr,,ENSE,-0, x 5ru'ut,ee (19 Q, Oft , k_�As, :arl a ^ Yv r tizi) a; ation of a- lb a au a d , t a 9-'- C I J, S E Str.eet o b,,, revo f C, �, � i� r tavern and the, kia,21,o of at Street becauaa, a agent of t hx)]Ld. "..1ST( v�_Pa Co,MV-'��-v for e,; of t'lle,, Federal Code- Which (c�ccuxred` at 17,�'4, R �aa S I Ir AA, REPLACING OF DRTVRWAYS- Wyor Luelbben mo,raj , Truatee OOKara �-,ecoak,11ed tha-tz; VU1',,19a1,g,,i�, 'iwill tx`�,:Iag back tv, • grade) diat-arbied at 3p or 1 "ec '!�uatxon cf thue, Village Eaglinecex. DISTRICT P.1.0MUNG GROUTQ Trustte-;,& 0 9 IV67 rra moveej (?"Al :v dl t th i V' le, g C �Iz 2, a d p t t 1). C o rx I E � t I t u of th,,ev, Plannlg .g aiz-1 De�ivelqpme!).',xt lof of 3" zil Pa. and join aaid AREL I�A STUDY. a reazilt of ',`ve Go-v-1-1r:,�,tor's (conferenne, on aree, wat,,ar poIL]'Lution whitch TruL',,��,tee, 00mara attended the, Clerk waa L-natrueted to vrltS the Stat_- of Mj,,=esm:-,ta, Board of It-alth requesting a wate2ia sursUey be tF&aa in the Villlag,T,, of Maplewood. The Clerk was also instructed r,6quest the, Board of Health to reply by as to their findings in the Village-i of 1vJapl,awocQd in a spec-ific manwi-1-0 S1C9,TWAJ-?TZ:; � 2Z,11 P11. Schaiaxtz atat6d by let-ter tc) the Villag(a Cotvau-_Ul that, s,, was diesatif ied, with -the, progre,ss of the aEwt,,r in Brower Park and that becauoe of this construction .1 the road have be, ,,n impas3able. Trustee s: e6, *r1kJ:ate4 thatV, he c,-,f tb..`�L,a, problemm, an,51 that it would be di��-,ussed with T_rust,:,n,5 00M,,ra and tha Village re. SEWER FASEIVERN'TS apprc-xiseer, and Fredrick P. lvk-,zro,�,Lr, Attor-rae-y for the Village, reported to the ,-,auncil cza the- ryi-attw" of aaae�ments required for sanitary aevar construction. Ulpora ziot-JIon by TviLtee, 00Mara, aeconded by Mayor Luebb,&n it waa, 59 � 10 - 103 QDFMOLVED, that the Village, Attorney Is ha,-reby authorized and directed to obtain from the owners the easements in the following described properties, which easements are necessary for the construction of sanitary sewers and are part of Ss,,wer lmprov6ment Mmbbar 29 P5roject,Numiber 3. the owners of said property being listed as follows, with the description of the lot owned by each owner and the amount negotiated with said owners by the Attorney, Fredrick P, Yb.mmFvr, based upon the appraisals made by Joseph L. Kett endorf. "BE IT FURTHER R&SOLVED, that the Vi ill-age Treasurer is hereby directed and authorized to issue cheacks in payment of the above easements so that the Village Attorney can deliver said checks at the time of obtaining fully executed easements .0 Ke=ieth Eags" Lot I Harold Giossi Lot 2 C. Germann *Lot 3 Allen Porter Lot 4 Einar Sovad, Lot 5 Einar Sovad Lot 6 Walter H.� Rampke Lot 7 Edward H. Pieper Lot 8 Wilton Bergman Lot 9 Wilton Bargman Lot 10 Brower Lot 11 Brower Lot 12 ,00 272.00 3c.6 . o o 2560oo,- (Not buildable no dam agea) 56o.,00 272,00 234-00, 272,00 287-00 266,00 2x'2. ©00 AlIncluded $50.00 for Channel. change 4res - all. NORTH ST. PAUL. MAPLEWOOD SCH001-S - STREET INMROVEMI AL Wtition was roceived from the 9�lerk of the Nort';h St. Pa,,U-Maplewood School District for the improvement of Lake ve between the South line of 3611oway Avenue and the South Line of Ripley Avenue by grading, including sub-base and base After discussion Trustee Berger introduced and moved the adoption of the following resolution-, -5-9 - 10 - 104 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWO OJT , MINNESOTA.- ovad 1. A certain Petition requesting the improvement of Lake lam between -the South lime of Holloway Avenue by grading, sub-base and and base construction, filed with the Council on October 19 19599 is hereby declared to be signed by the required percentage of owners of property affected therebyo This declaration is made in conformity to Dann. Stats.9 See. 42-9,035 * 2-. The petition is hereby referred to Milner W. Carley & Associates and he is 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, Trustee Sokurld sacoalad. A Y, : s," - i:II Meeting &ijourneti at 12.30 k.M. OCTOBET4 4 ii ..s R. Pietila n1seting of th�-,�) PLapl * �,--,w cod Vi I ]'. ape 0 o tM, a s c� a 1, le d 't (,, ord e r a t 01 P , 1K . bar Nib, y - o r Li zs b b4e, n for t he p uvr,, - p o s e t: -j f c o r4a i d.,z, r i 7. % g t 1 � a V ill a g e, B tO g e t for 1960. Oth,-jr mexabars of the Coun.cJl press �t wer Truste�s Berger, Hajic, k, fo:) the p-RymeRt 14,-�f bcx�'�&�od tbi-at would plac,�,d ora the, tax le'vies fol,�� .195#19 to be col-`116 s,,, 'I', t �.-..,d .1. Xi� The, are as followa-. .Pq,io-Lzn,,t., of Date of lo sue s; P, X Street Iy.-apzboirement No. 57 $ 3,400-00 9 - 1 - 59 Improvement No. 2. Sanitary Se.iIver 390' Q-00 9 - 15 - 59 Street Improvement 195-9 I222 t LtM T ,; a 1 7,4000-00 After diBcusaion Trustee Selmdd introduced and moi-rad the. adc,-jpt:!,.on cf tt-ie following resolution deleting from the tax rolla the borclad debts 'would have noirma'.Uy been placed o a the tax levies f 19159 lini., 31960 9 Q — 105 WEMEA.13, sufficient fi.,aids fry :,m -the s ink iF-i.g of t.he following a,w)L-d 'Village Bonded N-.Ibta to pad the annual. tax levy fox, said Village Bonlad Debts, AND WME,`REAS, it is the intention of the Village Cuu,"11111cil to delete-j --)bts from the tax leviea for 191-�9 colleAWWIAO ill 1960, said Bo.,nded J),L 0 NOW THEREFORE BE IT REM OLVED BY THE VILLAGE COUNCUL U Yk PMWOOD$ ITIINNE'SCYPA that the Village Clerk is hereby- and dlXected -to delete the folloving sums of morgey normally 'to be raised froiLi the tax levies for 1959 collectable in 1960 and tranaird-t a copt of said resolution to the Ramey Count-y ...udltor, directing him to reduce. the bi,ded debt for the Village t,.---i $3 9,20)QoOC Date of Isslace D 7 - l,5 -.59 eJ Street Improvement No,- 5`6' - I 9 - 1 "9 dam prove,.,Lient Puvab,e;r 29 Sanitary 1959 9 - �5 59 Street ImProveme'rAt 19,59 'Total, - Mkiyor Luz�ibben seconded. Ayea - all kmo,jm, t of T�LK Le: Zy $ 39400,0(,, i" , _21 P= � Jiq After considerable discussion and submi,,c-.sion by the mp' of the Council their proposed budgets for thu-:�!Lr� dcepart.Memats tNe ?01101W.-It'vag proposed budget for 1)60 was establisb.ad: Fire Protection Civil Defense Dog Control Police Health Department Recreation Clerk P.E.ROA, Street Improvement Building Fu,nd Street Departmei�t Sewer Maintenance $ 4.0,33.50-00 9000.00 4,,000000 279000-00 i 9 6o o., o o 10 90o .00 9000.00 /'.1.2 6.27 00 o 2- (D; 0 0 0 IT 00 0 0 Total 2 7 I/ The anticipated ir,,.come was then reviev(ed. by the Of ajwk-� Schmid and the, Village Treazuxar. The f ip;�irea f0r 6-St-l"Mated inc, rom. othe'r than the local tax levy totaled $168j Q&- In, to bala,-rioe the. b,,x.'1ge-t 4r.,0 . 00 . it was determined that; $169 9_526.27 i1A ttax 16, -y would be, ne.,,-,ded o On th- basit), of the current valuation (Approx. $8,814.1,316.00) it was determined that -a "It-t-Fy of approximately l9 el mills would be Y), ,Me)d . Trust-e 'a Sf.:bmid aml the-, Village TreasiLrer presented the following figtrees as a ,-�,ompilation of the approximate income for 1960. Gen Taxe a $1699.526.27 Cigt ; retta* and Liquor Taxes 34 o,) 0 0, 000 Street Aid and Street Maintena.-ace 15 0 0 O'c"I o o Street funds from Co7,lnty 99000.00 Licenses and Permits 30 9000 900 Ydsc. (Fees a.7nd Trailer Tax) 1 0 0 'o. o 0 F i nes 6 o oo 3 Fire Department Loans 2 rj r,-, k� Sewer Maintenance I! OoQ. oo Total 95776.27 In view of the above information Trustee Sel-bmid introdu,_ ed and moved the adoption of the following resolution to be certified to the County Auditor for tax purposes: -,9 .5 - -i 6 RESOLVED, that the following si,�-rz o.-Ir ,none-y 'be levied ar)d assessed upon the taxable property in said Village of lvlaplewood four the following purposes for the current year For General Village Purposes $1.16 9550-00 Fire Protaction 40,:350400 Public Employeeo Retir,,-..ment 694,26027 c Ci,i,il Defea, 39000-00 Street Improvemerct Bongs (Tow-n of Ne:,.w Canada) 700.00--� Buildiing Bo.,��kB 2. 001100 l 11 To to levy ® T1699526.27� Mayor Luebben seconded. Ayes - Berger, Hajic,ek, O'Mlara, S-11hi-nid and Luebben., Nays - none, S S �10 N ER _GT Lffli 9 Yhyor Luebben moved* Trustee OlPh-ra aecozyled t1 Trustee Schmid be appointed 001MAssioner of Elections. Ayes - all R_aQ,q OBTICYATI 0.1\1 BONDS t Village Fiacal Agezato, iitf ornkrnd Trustee Schmld. atated that Juvz,arj, YY,)Qf_'q, J. A. him of a possibility of ptirchasihig fiftY-0i'-;"e (' 5) Village of IvLaplewood General Obligation Bords at a aubstantial. discount. After discussion Trust;ee O'Mara introduced. a:tid moved the adoption Of -the, follo'wing resolutiont BE IT RESOLM), by the Villasgel GOWMCA1, of Minneao°i`aa, that the Village Treaour,-tpr he auth,oriz(-vd. rrepuxcb'a''.'s $5,"'Oo0o Bonds of tile, $7 Me Sa�-ies Bonds dated .50,000 Sanitary, Sewer Improve, V�T,- - TW",'r, September 1, 1958, at a total cost to VY,,e of Said $.55) $000 BorAs to be repurchased by t1le V11,311.1age,. from Juran & Wody, lnv,.. to consist of bonda numbered 551 t'-O 580 cini, o,,, i to matiaring Mawr(,:��u 1.1, 1.960, , 0 The motion for the adoption of the foregoing reeolution was duly Eeco:,,nided by Trustee Berger, and Tctpon vota being takeno thxere)on, eill, member of the. Cosmcil voted in favor, thereof, whereupon said resolution was dee.lared duly passed and adopted, TRANSFER OF FUNW: Trustee O'Mara moved, Trustee SchxrL!d secoD3ed t1wt $100,000.00 from, the Sanit'g-ry Sewer Improvement No. 1, Sinking FlAnd be transfered to the Sanitary Sewer Improve- ment No. 1, Construction fund. Ayes - all DELINQLW.L SEWER 1M1TAL CHARGES :: After discussion concerning those individuals delinq',"ont in rendt-tUing their sewer rental eharges as of September 3.5, 19 1 L rrt cd C _59 Trust(e, 01Wra ;r u ed arA moved -the, adoption of the followiNg resolution: .59 - 10 - 108 RESOLVED9 that the Village Clerk is hereby authorized and directed to certify to the Auditor of Rarw. ey County the attache-d list of delinqnezit sewer rental charges, said list made a part, herein, for certification against the tax levy of said property owners for the year 1959 e (,,) Uee, table in 1960 with ail interest rate of six-percent (6%) computed from September lfj, 19_59 to December 31, 1959- Phy-or IAZ�bban secoglided, Mating adjourned at 1100 P*M- Ayes - all r o R R. Pietila, Clerk, The -.regular meeting of the,, Kaplewocd was called to ardtsr at 7(-.00 P4M. 'by Mayor Luebban. Othsr� '01", t"'he present we.r,-9 927--astees Berger, Hajicak, OIMA..ta and Sohmid. Abbe. -:f'too yl;ca"'a Trustee SctLmid moved., Kayor t.hat Sepll.'azftier 22, 1959 special meeting md.wxtes bpi approved as Ayes — all T.r.astee Berger moved, Trustee that the October 19 1959 meeting Mint'.1tes be apprwred as submitted, Ayes - all �"'2E F. J. GQCUIETLE��_1954 TDE, - M, QUES'T TO MOrrE A IEK) INTO MAPLEWOMS, L Mr. Goulette stated lie ow pa the pioper,L'y ad located a-L, 954 lde Street, The pre-sent struc-bare loca-ted aZI this, p.�,operty is withaut a basement or p11-unbLug facilities. Nw. Goulette requested. pe-17KISS'I.Orl to mo,re a house to this property and stated if permission is grwited he would irasta'll a basement., and plhmbing facilities. Mayor Da�ebben re`eifred this matter, to the IaLspector fo:r e cornmendatio--a and report. ANN FURCEM.xg RANDOLPH - REQUEST FOR 100N SALE, OFF SALE & TAVERN LICENSES".: Pis® Furcher and her husband requested the C' gun issue her a llct(i Sale ,t Off Sale and Ta-qY-ern- Lio ens e for 1740 Rice S-41,;reme-t", Mr. Ted. Lziber stated he had rece'ar;.."Lly 'P-'-x""C;*"'�ia.S-,ed the pz-operty and structure located at 1740 Rice Street from Me. Matt Sax az,nd has rented the premises to Mr. & Mrs Parcimer with the iz,.derstanding -tha-II.-I they would improve the building and operate a clean and lawfull business, The Clerk was to give Mrs, Furc,'h�rie r -11-;he, n�c..-essary applications and upon their receipt- by the Clerk, he is -I-nkstructe.d to fowl, rd them, to the Maplewoco_ Health and Police Departments for t-liair and r-le,coMM-PInd`"tIong witli said :�?eport mid recommendation gi-ren t6 :1121-'. MIL BLY RPENTEUE REQUEST' TQ PEFDNR SE14ER ASSESSFENTS, Mr. Bly Yrelqaestoad '[-'I'tat t3te Co-azioil def, r hl_s sewer assessment because he is corm-ected. to the St. Paul sewe..r. He to the Cawncil a receipt from the City of St. Pwal. in regard. to his 15o tltie St,, Paul. se-wer. This matter was referred to the Village Attorney for recommendation and report at the October 299 1959 Coun'oil maseting- HOWARD T Obi 4., 12� .,.MoCLELLA_XD - INFORMATION RFn,,UqT. ON SEWIR IMPROVEMENT PTO ._2. Mro McClelland asked how imuch hie would ba- assessed, for Sewer Improvement No,, 2 and what notice- was given to the residents ooncerning the impravemento It was explained to Mr. McClelland. that p�-Y`Ho. hearirg,,s,, bvald 'Urcugh(cut. the Village last April in regard to this, .improvemerrb and in bis area ttie hearing was held at the Beaver 71ak-e Sohoo' at appir,%,i Xilrxttely +V40 b=-rAZ,,9d "',actple." W*Orc,� 121 .V, attendance. The cost quoted to the at ttiis time was approximately sty 00 per front foot and $2025 for the service connectiorr,,, A rate of 6Yo was quoted for those individuals whe (e3JePt to gat, assess ;at on thheizr twa-0.8. MEISTER HIGHLODS ]REZONING: Pursuant to due call and posted and publitsbved iaotlLoe, the-re-of 9 the Set for 8s00 P.M. on this date to consider the Council -inst:1Lgated action. for -the rezoning of -0 Lots two (2) through seven (,` ), inc'],.us'117e:, all in Block one (1L Me.istergs Highifa-nrls, according to the plat thereof on file and of re-cord in the offi,,�,,,,e of the Register of Deeds in and for said County From R-19 Residence District (Single Dwelling) to OLimited BC Commerical Districtl and for the rezon1nR of8 Lots one (1), nine (9), ten (10), eleven (11), twelve. (12), -thirteen (13), and fourteen (14). all, :in Block, one (1). Meister's Highlands, according to the plat thereof on file and of record in the off-I.ce of the Register of Deeds in and for said County From R-19 Residence District (Single Dwelling) to BC, B,,jainess & Commercial was declared open by May-or Laebbsno Mr. John Eo Weinrich and Arthur L. Arndt stated they would. not be on•nosed to the rezoning if they could be assured that the structuxes al,lo-wft,,ed in the Olimited BC Commercial District' would be in accord w1th 0:n3inan1cle No- 79- Mr,, Weinrich and Arndt were assured by the Council that its present members would not violate their own ordinance but by law they could not bind any Council of the future. Mr. Arndt and Weinrich also expressed their concenza with the suggested party wall section of Ordinance No. 79,, Trustee OOMara stated that the reference to party wall's did not mean that the Council -is reoammendi.49 or anquring party walu'. Mayor Luebben then asked if there were any further questions or objections to the Var,opotoa,d, rewning. Kearlmg none Trustee Schmid introduced and moved the adoption of the following ra9olut1J11):r.1,.001 59- 10 - 109 WHEREAS39 mpon requeat of tha owners of the folloving described property. -the Villrugge Coum.o,113. of IvLaplewovd, Mj,nnesota instligated the hea-,ilxig for the rezoning of: Lots two (2), ttllrot%,gb,, as:�ren ') 9 all in .Look o�,,ae (1), Mpaistexls Hig�nlqTnds, according to the plat. on flli.]!;.� and of 1.11 tbe, olrflce of - .1 ), .1 'oi n o.-JI. Deed�s, 811d for sa d C unty From R,19 -Re '.s I'le, nee D-11.,%qDt,,-j;`.,�,i.,,,,,--'�- (SIlLng1le Dw,,e],1110rg) to OLimited BC Corrmercial District' and for the rezonii,ng ol'121 Lots one (1 4 % ) 9 111"xi"e�', 9 ) 9 te n (10), 'ri. (111), twelve (12), thilxtee,,za (1.3) , and fovarteen, (14)9 all in Block OIZILS (1), Me".isterg�, eac-�,_ orddlv!lg to the plat, thereof va cf v*1,;!--,:cxt,ar l!"n. -the o!,fft,,?* of th,(:), Reglister of Deeds 'i)a and for. saii.d Crum:tr From R-.1, Res lidence to BC, B-uainesis a)?,&dg WHEREAS a hearing was h.,e,,`1,d oa the, date and at, the place fixed. in. the publisbed and mailed notices and an d relat-live. thereto were heard by the Village anll WHEREAS it appears for the b-es t _'Lntereist, of the publl.c that sa-L,d pet l.tiort be granted , NOW, THEREFOR-Eg BE IT RJISOVTED 13Y TFD-, VIL1,AGE COUNCIL OF MAPIEWOOD, MINNESOTA: THAT, the petition for rezoni.rig the abuvee described property be granted. Tiustee 0011a.ra second-sd. Ayes - all ORDINANCE NUMBER. L j1J(C CNDING 01I)INA24CE, NO. 7` After discuasioyie ar4 the realization of the wane,-.,,,.essary mention of part,,,Y walls in Oydinance No '79 True, tee Berger 1ratrod'u-,ed and maved -the, adoption. of the followng ordinan(n,.e .- ORD11uw(gE AN 0%)INANCE AIMMING ORDINANCE #29 ENTITLED "AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT NUNBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTLIRES .-, THE, PERCENTAGE OF LOT THAT MAY 13E OCCUPIED; TBE SIZE OF YkRD 9 1 COURTS,, AND OTHER OPEN SPACES; THE DR4SITY OF POPULATION; THE LOCATION AND USE OF BUIL D , INGS AND LAND FOR TRADE INDUSTRY, RESIDENCE OR OTHER PURPOSES; CREATING DISTRICTS FOR SAID PURPOSES AND ESTABIJSHING THE, BOUNDARIES OF SUCH DISTRIkOTSI; PROVIDING FOR CH&NGES IN T IE 'REGULiLTIONS, RESTRICTIONS 9 AND B0 ARIES OF SUCH'DIISTRICTS -, DEFINING CERTAIN TERNS USED HEREIN; PROVIDING FOR ENFORCE- KM� AIM IMPOSING FINES AND PENALTIES FOR VIOLATIONS.", &S AMENDED 13Y ORDINANCE NO - 79 Trusta%o, &_,Ict4k,- Aygaz — all PARTIAL PAYVEM TO THE NODLAND CONSTRUCT ON COMPANY -- IMPROVEMENT NO. ZZ_PROJECTS I & 2 Tn.istee 0014,ara moved, Ma,-,vor Ijuebben sec-orded. that the Village. Treasurer be authorized. and dixect'le,-d to pay the Nod 'Lund, Co�ripa.V� $994711-84 per Partial Payment Certifica,tEi No, I, 3"or Dripr'0761,aenit No. 29 No. 2. (Pa L" rkway Drive) Ayes - all Trustee. 01M-a.-,ra, mov�:.-;Jl, M the Lllag -, Tr Y!, 1 �vd � V J. ,,e ' -I.e.asu:.r, r be authorized and directed to pay the Nodluiad Conss I.-Lo:r, (3om.pa-ny S309 2'-,2.32 per Partial Payment Certiftcat,- No,, 2 fur Ixr. b-, - prr No,, 29 Proje,,t No. 2 (Ilazelmood) Ayes - al-J. PARTIAL IDAYMENT TO THE L-AMETT-1 Ir, L, ",,q - 1-4'C") - _,rTII'PR(')WP.M',WT NO,, 21 PROJECT C ij Tam stee 011VIara movedg Mayo.- Lea ,ebbert -that tbe VJI TrL o er wti- r ze x --as- -,x be tho I d and direc�ted to pay & So ,-_109 XZIA30 I'Artial Payment C,_.rtificate. No. 2 for Improvement No,, 29 No. 11 .., (BE-.-tt-tle Creek) .k as .. all. VIAMR P0j;,TjjjTIGN'�' The letter, whiCh the w rcte 'b-1. 'the 1!jll-3lt7,, ?e,:��,�,lkl-,a of Heal-11.11 was read to the Cc,,-an,IoA"_L.0 1�� a, of th`�.;�. 'Lhc, a, he requi_;--st,�:d vra t s, r the Mir Lnesota Da I"::1 par ).,�ert of lie, a"I. L. I poll'ation sur, ray,, I 'i - ff ti and thi�-, Cov-ribna.-Itii.z Sewer Trustera O'Mara. -the Dep:,.-,0,'t7 r 11,,. a', Engineer -to a:%I.d. a�ad aas-s-111,st -the Department- cf.' Heal:.�'hwith pol'lution surv-ey,, MR,, Fa PlUT-MT NORTH CENTURY AVEMMIT, C014PLAINIT AG-AINST 'ITTE, ITSE OF THE PROPERTY ,(PAq_BD AT �20 CENW17RY AITESMSAo .IvLr-. M.2m.dt stated thald 10:�I�-:i P.,roperlyoy ", c, at was being�-,�used for a ,:.owing &nd- Car businese av�d t1h,at A. was his tx,,,,.,derstanding the property in question was zo-n,,ad R'119 D"111,strict (Sftu-,,.e_I,e! Dwelling) in c9 -11r of the abovole Hajflv,-.�(�,�k. mo%x&d, Trustee 'Schrnid seco-nded, -that the Clerk bit-..; d,'_":r(a_,'U-ed to) Ivir,, W"LE"am PePing 59,.) Avenue stat-ing thrat is i.n o,f' t1h,tl- T.111 age , of Maplewood zonix.,g- Code ar;.dl tht i, xff", szlt oeaae the, a c..-ar 1.:,owi-ng at 509 Nort'h Century- A%,rex-j,-i.i,e -Lmyiediately,, Ayes - all CHRIc,'TNAS PARTY: Or�3az.l Z - Eleanor Bete son, Deputy lleal-t.11h. 01"fi.',;�-% etated she would e a Chris'I'm Party 1','ror t,h-,-. ,-virfiPloyees and of tbe V�11..Iage- of Vlap'lewocd tobe., held Devoemb�:,,,-Iv, 129 '1959 -,at the Glads FiLra Ha LI SNOW PLOWING,8 Trustee Be-rg.'�, ::r re-port--,xd 41a-t the 772",11--M, Stre(,-, -10) Departme,7.,,Lt in aipo&ition to undertake the snow plowing of that aroa of Uae Village east of Highway No. 61. south of Highwk,17 NO* 36, "o�,�st of WoKnAght Roewft and north of Larpant(,),mr Avenuee He recommended that the balanoe, of the '7111age- anow ploving be jx)rformed by Ramsey County forces, In view of the apbovo Trustea Berger introduesd and moved the adoption of the followinag resoluticxjit 59 - 1,0 - 1.10 RESSOIN00 th&,-,'.-v Rw*auey County b req!.,,eated and authoriised to rem.ove snow from -the f ollow:1ng areas frouu,,, 1, . 11,9-'q to May 919 1,96c) All that portion of Village, of 14%plewood south. of -t.-,he,. Nor ;h St, Pa-ul Village llmitLs between, Road and Ce�atury Avenue All that portion of th,,e, ViL.1&,e:e oe,�,,Iu ot� mi h, j y No,. 6:1 All that portion of the Vil`,age ,of Fughwav No. 6:1 ania north of Highway No, 36. Mayor Luebban o Ayea - all FROK Lo I :L q 4A, - jg, LJT CONSTRUCT IWPIZ AVEKS 8 J&A %gL__29! _j� �OSPERITY BOAD Mra Frcoak WGiailay asked whe,,a tha VillagaP. in govlkng too ev.-onatruct Harris Avenue, He stated negotiations have been in progrer�a for soms timpt in regard to -the procurment of easements by the. Villaga for the econstruction of the street t. TrUStOO Berger statsd that Village forc %e wil".1 btz.4 vziabla to construct Harris Avenue this fall, and he .1jaitru(,,tsd thPj to put this matter on the agen&it for next apring�-. WGINXM REGODWIMATION FaR FINAL ACCEPrINCE - IRIPLFY STREET PROM GE ON TO BRADLEYg Vern Ljungren of Milner W. Carley & A8S0CJ1.,'R11tta0 submitted his letter of October 14# 1959 which stated 'that he has ac(�,,ejpted all work dote by th6 So Po Si=a & Sons# Ine, on the improvemont of Riple,, and ,j- Street from Edge, rton t o BradlA.y his recomendation for final paym.c,4nt of $4o2l.3o00- ' In view of the above infomatinon Derger 1-n-',f;rcdurad and inaired the adoption of then following resolutiong WIIM�W, pursuant to a writ taxi e ontraet, aign� -d with the Village, of Maplewood on October 10 19.590 ;* Po Sin nea & Sonu., $ lineof St. Paul Ims satisfactorily completed the improvewnt of Ripley Street fro ErIgertion to Bradley in aceozdahoa with such contraot, NOW THMFOMTO BE IT RESOL TD If" TFE VIUA=l COUNCIL OF MAPIEWOODO =MOW the work completed und er said contract is hereby accepted and approved, aro, BE IT FURTIM RESOLVED8 That 'the Village) Clerk and Mayor are hereby direjeted to issue a proper order for the fi).zyal pay-ment on auch contract, taking the contractor0a receipt in full. Mayor Luebben second,;)d. Ayes - all HAROID PETE _Q REQ,UE1Q_9r, TO DEFER SMflER ASSESSM'Iff-0 W. Harold Peteraon wa,,�, ai�,essed f r 10-0, feet of frontage when 'the aewcer (onlv pro pext",., on Ita Wk*,,:J9,_Yt1_.1rn edge and his property is unplatte�o it was explainned to Mr. Petf-.,,rh�on, f,,ri;afb 1).6 in a poaition to, split h.,is property " , , � C an 'r t . in-to two aeventy-five foot Iota, ga W11-1 ')11 Ll te, a, � .1 , , a�--nmr-b f c ow lot ia e -tablished he will be for It a]'L.so JtetemaD ed that Mr. Peterson. 'would not be nharge3 t. C, f for bro,-;�-aking int(:) t; Le "_lltreet when he ,,,,onnacts to t-he aanita.ry ziewea-, ,ya-tem. KM -Building j,--3tat(,rj 1"'I t,hr-3 H-a,',h,-ex C 'to comstru,,,,,,t a rAL;,L) q�zivt, sl !e,,r,`e'I!JJ� k)" I> a'fi a ti p.%.0 v and'. Larpentezur A-,we antze The prob1JI&m, kof ze,z-Ald the fact that 11t w-121 'be ei.le,,-\,; ,n, CA:10 feet Ij R1L(:";e, stre the property 11,aea for a of 4k0 t. After dia(-,mssim the 0;,jncA]L iznffcmm,�.d t�lhte In ,a p�c, t or to iss',ae the p6nnnit, for the conatruction of said airgxm, WJDM. NG OF JM*.MTTEVF A-VENUE, FROM RICE STREFT TO MUMENEW ROAD BY R94SEY CWWTY-. Par requiest of thre R,-mqey Co,=mtir A1 Ire t® the Village of BVaLiLdlaug Ina. p�,v c,,),x,, arid Village Engireeer Nelacum inspe'�,Itcni�J, tlat� (of rceqgulrll,�ng Fit fc,,�rty- five foot sat ba,(c_-0,'x, fox- w,-e,,-y futzjx-,� 11,14w �3 III :'%ge to tte (0,n, Lwqx�rlt,"Ixr Avenue from Rice Street to MbMemermy- Road, It. -was recoymi).eaded by the. Building Inspector and V11.1age E.Xgimee'. am .1 approv3'd b,,r the C&"Iamei:b. '11W)"I'at i 4i5-foot buildilag set bw* lit e be reqtaired on Larpenat6ur A-,re ntLe, from Street to KnMenem-y Road. Because of the, possibil-,*Lty- of oat). trary from ftce;v Street to Road, 00�era and' mavt--A the adoptionn, of the folloming resolatl S� r,9 3 WHEREAS, Maplewo,,�A! 11�, th.'e cons 4,0- m,�) tl. on, of frcm Ri("a'a straet to K�3menexrky Road d�Lxrling ','Li (c.ora.struct ion se.,aoori of 1960 and, WHERE jo 'the County of Raxi;43,:ey -Vhe 11,mprcwinag of lArpen-te"."'r Jllrcm Stvzueet tc. McKnemy Road 4'.n 'the. near f uyt7�,mrs _Infad 9 NOW' THM70RE BE IT RESOUrM BYE '1HE VILLAGE COLWCIL OF MAIIEWOOD, ISNIESOTA,tha' of pliwooft. naqaa,,,i�t Ems Coquatly to daAay the )"'yy 0 au", " improving of Larpenteur Avenue from Rice Street to ''. c.1'.11enemy Road until the contemplated sanitary sewer construction is completed. Trustee Schmid seconded. Ayes - all 11j,,TET11 OR "DRY" PETITION: The Clerk reported that the petition submitted at the previous meeting requesting the Council to place a question for or against liquor licensing on the Village Ballot at the general election in December, 1959, had been checked and was found to contain more than 10 names of qualified. voters of Maplewood. Therefore, upon motion by 'trustee Schmid, seco,lded. by Mayor Luebben, i!., was 59 - 10 - 113 RESOLVED, that the Clerk be and is hereby instructed to submit to the Voters of Maplewood at -.he !:general Election to be held on Tuesday, December 8, 1959t the question of w1nether or not hard liquor licenses shall be issued in the Villatn ue of Maplewood as ,rovided by TTir�nesota Statutes, Section .20; p 340 -[-,he specific is�3ue to be submitted thereon being; For License and A,:.,ainst License. Aye s - all RAY SINk -.,DtA-Y, -SINA,aCONSTRUCTION COMPANTY: Mr. Sina asked the Council -why he hasn't been paid for work (lone for the Village. It was explal-ried. to Mr. Sina that the Treasurer has prepared the necn:sar-v checks and that he will be able to receive all money due him at 9:00 A. 11. Friday October 16, 1959• RESOLUTION NaIBER 59 - 10 - 106: Because the amount to money established by Resolution No. 59 - 10 - 106 for Civil Defense purposes to be raised by taxes upon the taxable property in the Village of Maplewood is in excess of the authorized limit Trustee Schmid moved, Mayor Luebben seconded that Resolution No. 59 - 10 - 106 be voided. Ayes - all -TAX U. IVIES FOR In view of the above information Trustee Schmid introduced and *moved the adoption of the following resolution to be certified to the County Auditor for tax purposes: 59 - 10 - 114 RESOLVED, that -the following sums of money be levied and assessed. upon the taxable property in said Village of Maplewood for the following purposes for the current year: For !:general Village 1xpense Fire Protection .. ..1 T 11 1 'ublic ' . ' -,nployees 'retirement Fund Civil Defense Street Improvement (Town of New Canada) Building Bonds C� Mayor Luebben seconded. KARL BURA'11-,IDT - LOT 9, BLOCK 4, CRESTMOOR ADDITIC14: $1179113.60 40 9 350.00 61426.27 2,4M.4o 700-00 2.500.00 $169,526.27 Ayes - all Mt. Karl Burandt requested permission to install two 50-gallon drums for a temporary sanitary disposal system at his property located at Lot 9, Block4, Crestmoor Addition. Sanitary sewer construction will be completed in this area sometime dur!�:,(, the fall of 1959. After considerable discussion it was decided that Mr. Burandt would be required to install two - 400 gallon tanks and sign a hold harmless agreement with the Villa,_,.e if he intends to install a temporary system. PURCHASE OF U. S. TREASURY BILLS: T)rus ' tee Schmid stated that excess funds are available for investment purposes from the Sanitary Sewer Sinking Fund. In view of this information and after considerable discussid Trustee, Schmid introduced and moved the adoption of the following resolution: 59 - 10 - 115 RESOLVED, that the Village Treasurer is hereby directed and authorized to purchase $128,104.89 of U. S. Treasury Bills, maturing February 25, 1960 at an interest rate of 4.106%. .1 Trustee 011,1ara. seconded. Ayes - all IT I Ir -,I' T, ;Tr 1 1. 1 U' ' I - P' 7 7 NOTP711 E X',C S 10 N 0 F S'A .�R T11 T1UJET...E?,,TT NO. 2 PROJECT NO. 2- (O"NT TTA 7T.7,T,00T.) I 9 . TU7,, F0'rZ DISTANCE OF 330 FEET FR-OT,'" COUTY '-'..OAD B): After discussion Trustee O'Mara initroduced and moved the adoption of. the followin,-r resolution; 59 - 10 - 116 B7 IT R? SOLVED, "Jay the Village Council of Maplewood, Minnesota, as follows : 1. Plans and specificati-_.ns prepared by the consulting engineer for Improvement l 'T o. 2 Project No. 2., (Extension df the sanitary sewer for a distance of 33�"O feet north on Hazelwood .Avenue from County Road B) are hereby approved. 2. Requesting the Council of the City of St. Paul for their approval of the above mentioned ii extension to the Village of Maplewood Sanitary Sewer System. Mayor Luebben seconded. Meeting adjourned at 14' OCTOBER The regular meeting of the Maplewood Village Council was called to order at 8....00 Pob+%,> by Myor Luebben, Other members Of the Council present were Trustees Berger and Schmid. Absents: Trustees Ha4leek and O9 rya. 900 K 0 R�IMNN LANE I1 ROVFA1T Pursuant to duo call and Posted and published notice thereof, the hearing set a for 8-00 P.M, on this date to consider the making of an improvement on.-: Kohlmwx lane from the East line of Keller Parkway to the North line of the SW 1/4 of Section 49 Town 290 Range 22, and Beam Avenue from Kuhlman lane approximately 500 feet East by grading,, gravel base and drainage cons, truct I on pursuant to Mrm_es0t_% Statutes Section 429,oll to 429.IJLJ (Laws 1,9539 Chpapter.398 as amended) was declared open by mayor Lulabben, the Alfred Suadbergq representing 1 ,Tokm� Fahay, 2756 Keller Parkway, stated improvement of Koh man Lane as depicted by the Village Consulting Street Engineers in their DIans h� sPecificatians would Xlecessitate the taking of considerable footage from three lots owned by Pk°. Fahay and this would lesson tl'�`e VaIU8 Of the lots. These lots are presently unimproved but Mr. Fahay has them on the Market for sale, Wo Frank Witt, one of the Petitioners in the action to improve Kohlman Lane, stated the improvement is a necessity so access can be gained to a tract of land which he owns and plans to develop.,. W, . Ljmgren of the Village Consulting Street Engineering firm presented two altertL ate routes for Kohlman Lane. One of the routings would follow the existing tight Of way and the other would place the right of way thirty feet from two existing dwellings. Trustee Hajicek.arrived at this point. Trustee Berger stated that frr�m the conflicting views presented by W. Fahay and the Petitioners it is evident that additional negotiations between the interested Parties are necessary. In view of this Phyor Luebben declared the hearing closed and a=.Ounced it would be reconvened at 8:00 p Ml on November 5, 1959 L-13-0 _P-M- STANISH HIMIANDS IMPROVEMENT HEARING.- Pursuant to due call and Posted and published notice thereof, the hearing set for 8830 P,M. On this date to consider the making of an improvement on.* RaZ81 Street from Kingston Avenue to-Ripley Avenue Ripley Avenue from Hazel Street to Ruth Street Ruth Street from Ripley Avenue to Kingston A,,fenue, by 8!radimg, gravel base construction, bituminous surfacing, boulevard sodding and sanitary sever construction Pursuant to Minnesota Statutes;, Sections 429.011 to 429011 (1,aws 1953, Chapter 398 as amended) was declared .open by Mayor Luebben. The Petitioners in the actions for the above described improvement, Mr. Tansey and W. Charles Bisanz appeared before the Council. They stated, that they plan t,-h-6 area into home sites ,,and asked the Council if the other property 1. rvb-e street to be improved would be aste6sed on a equal'basis with axplained to Mr."Disani and Mr, Tansey that assessments for levied according to` bey efit. xable discussion and in view of the fact that tts major portion of would benefit the petition-6ra it was decided to put the street rcunrtion of the 'itprovement on m escrow basis in accordance with, No- 53- then introduced and moved the adoption of the following resolution the sanitary sewer portion of the i1aprovement and dire'ets the Plans and i3pecificationes .59, -- 10 317 a r6solution'of the Village Council adopted the, 10st day of OJ fixed a,date'for th a Council hearing on e proposed improvpment ,,'1 Street fr6mKingston Avenue to Ripley Avenue L:1 :,W Avenue from Hazel Street to Ruth Street. 5treet from Ripley Avenue to Kingston Avenue appurtenances and parmaikt; to a petition of affected property, ,r ,,",D 19HEMAS feu days" published notice of the hearing.. t bro.ugh tiro J it a, �is nt w i given and the hearing was hold a I of the riaquired notice a '2-'9 0th day �'of Octaber,:1959, at which all pe'reaMe dasli!ing to be <j4j an opportunity to 'be heard thereon, 11HEREFOBE BE IT RESOLVED BY THE COUNCIL OF THE VIUAGE 01' MAPLEWO0Dj Sq ,.oh improvement is hereby ordered an proposed in the Council pted Octob 95 er 1. 19., with the excep'"tion of the improvements. proposed Ftreets in regard to street constructim Bettenburgo Townsend 0 Stolte & C" are. hereby designated as the da improvement. They shall prepare re pa plans and spedif ications of such improve mento &econdeda Ayes - all JAJI'A illy 0'PIN - 6og CENTM AVENLIEs .1,,epia appeared before the Council in regard to a letter he received stating he isbperatinga oar towing and wreak n i'g se ice at the � and Is in violation of the Zoning Ordinances He stated this matter V.0 ;,i-51ed by his attorney and all questions will be a►w6r6d "by'hlm, ,!-j RE kUl ID ON A LOT WITH k N.TA(L 4 fact that Mro Klausen in the ,*W*r -101 -25, Utlea ;ehasom Homesites and said lot 15 has a fifty foot frontage-and whereas it appears than &. Klausen is unable to purchase additional frontage for the lot oAZ yor Luebben moved, Trustee Berger seconded 'that the seventy-five front requir,,.,ment be waived and W. Klausen be issued a building permit. Ayes - all APPROVAL OF PEETING YaNUTES.- Trustee Schmid moved that the August 3, 1959* October 8, 1959 and the October 1.59 1959 meting minutes be approved as submitted. Trustee Hajicek seconded. Ayes - all ANN FUROBNER - APPLICATION FOR A TAVERN LICENSE: At the last meeting of the Council held October 1-5, 1959 Ann Furchner requested a` On &'Off',Sals:and Tavern" License to operate a tavern at 1740 Rice Street. The Clerk, was instructed-to issue t1-:e applications to Ws. Furchner and upon their completion f rd 'them to the Health and Police Departments for their recommendation and review. The, report of the Police and, Health Departments were both in the affirmativb, Ih view of this Trustee Schmid introduced and moved the adoption of the following resolution: 59 - 10 - 118 RESOL VED, that Ann Furchner be issued & On & Off Sale ' and Tavern License to operate a tavern at 1740 Rice Street in view of the fact that the property located at 1740 Rice Street is in the possession of a new owner the sixty day time limit is waived. Yhyor Luebben seconded. Ades - all PAR KSIDE 11WROVEMENT CLUB: Pste willwersheitq 1744 City Heights Drive, representing the Parkside Improvement Club stated that the Club wishes again to construct a hockey rink and skating rink for children in their are&,,, He stated that the Parkside Fire Department has agreed to assist them in the flooding of the rinks and he asked if the Village would pay for the lumber to construct the hockey rink, Vgtyor Luebben rdoved that this matter be referred to Trustee Berger for action as he sees fit. Trustee Schmid seconded, Ayes - all ROBERT SANDERS - TURAN & MOODY INC.: W. Robert Sanders appeared in regaxt to the refinancing of Sever Improvement No, 1 and the completion of financing for Sewer Improvement No. 2. After considerable discussion W. Sanders was instructed to appear at the next meeting of the Council with specific proposals. CHANGE ORDER - SEWER IBTROVEMENT NO. 2 PRWECT NO. 2: Mayor Luebben moved, Trustee Hajicek seconded the approval of Change Order No. 1 - Improvement No. 2, Project No. 2 (Hazelwood) . Ayes - all WEI TE - BEAR THOM MAN 0 ORPORATI ON: Trustee Schmid moved the acceptance of the Planning Commissions report on the proposed Thom MhAn Shoe Store to be constructed on the North St. Paul Road and that a Building Permit be issued subject to the approval of the Building Inspector. Mayor Luebben seconded. Ayes - all 1% QnILY OIL CO ANY Q REQLEST TO CONSTRUCT A GAS STATION, The Clerk stated that the Skelly Oil Company has made application to construct a gas station at Rice Street and Roselawn Avenue. Miyor Luebben referred the plans and specifications of the gas station to the Planning Commission for recommendation and report. SEWER CONNECTIONS a NEW HIGHWAY A212 CONSTRUCTION AREAs Trustee Berger Introduced. and moved the adoption of the following re-solution: ,59 - 10 - 119 RESOLVED, that dwellings located in the proposed construction area for the new routing of State Highway f212 be required to connect to the Village Sanitary Sewer System according to Village Ordinance No. 59 in as much as the State Highway Department has indicated to the Village Council that the proposed highway construction has no final commencement date and that aomp6nsation will be given i for'wiy improvements to property., Myor Luebben seconded. Ayes - all WHIPMPOOL CORPORATION - AGRKEMT TO CONSTRUCT A WATER MA M OX ENGLISH STREET:: Village Attorney, Yammer, read an agreement he had prepared for the Whirlpool Corporation with the Village of Maplewood stating the conditions upon which the Village will allow the construction of a water main on English Street from Larpenteur Avenue to the Whirlpool plant on Frost Avenue. Trustee Berger stated that a provision providing for the reconstruction of English Street, at the expense of the Whirlpool Corporation, should be Included before the agreement is approved by the Council, I f \-1-_ CHANGE IN SE64ER ASSESSMENTS - SWER IMPROVEMENT NO. 1: I After discussion Trustee Berger introduced and. moved the adoption of the following resolution: 59 - 10 - 120 14HEREAS, pursuant to Resolution No. 59 - 9 - 76 of the Village Council of Maplewood, Minnesota dopted September 3, 1959 the special assessments for the con- structiin of Sanitary Sewer Improvement No. 1 were levied against the attached list of described. properties; said. list made a part . herein, AND 11HEREA8, the above mentioned.properties have been conveyed and are described according to the attached list; said list made a part herein, NUVT THEREFORE, BE IT RESOLVED BY THE VILLAGE COU,",JCIL OF MAPL1E'TOOD, J'4P,TNLPSOTA that the assessments for Sanitary Sewer Improvement No. I against the ,heretofore mentioned properties be correctly.certified to the Auditor of Ramsey County for further collection in the amounts stated on the attached list; said list made a part herein. Mayor Luebben seconded. Ayes - all CHANGE IN SL7,,qFR ASSESSMENTS - SaJER IMPROVEMENT NO. 1: Trustee Berger introduced and moved the adoption of the following resolution: 59 10 - 121 WHEREAS, pursuant to Resolution No. 59 - 9 - 76 of the Village Council of Maplewood, Minnesota adopted September 3, 1959 the special assessments for the construction of Sanitary Sewer Improvement No. 1 were levied against the attached list of described properties; said list made a part herein, AND TMREA$,,'_the assessments against the above mentioned properties are in error, NgtT THEREFORE, BE IT RESOLVED BY TI-E, VILLAGE COUNCIL OF MAPLaTOOD, AqNNESOTA, that the assessments for Sanitary Sewer Improvement No. 1 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Mayor Luebben seconded.-, Ayes - all BEAVER LAKE WATER LEVEL: Mr. Michael Madden, 984 Lakewood Drive, and Mr. Elmo Lillehaugen, 1075 Lakewood Drive asked if the construction .and operation of the pumping station being constructed. near the east shor of Beaver Lake will affect the water level of the lake. Mr. E. F. Kishel, Consulting Sanitary Sewer Engineer, explained that in no way i,,Till the presence of the pumping station effect the water level of the lake in that the pumping station is enclosed in a water tight structure and it only pumps sewage. CHANGE ORDER - LIFT STATION #6: Mayor Luebben moved,, Trustee Hajicek seconded that Change Order #1 - Lift Station (Beaver Lake) be and is hereb,r approved. Ayes - all Mayor Luebben moved, Trustee Hajicek seconded that Rayetta Edstrom be relieved of the Deputy Treasurer's duties and. Geraldine Nord be appointed as Deputy Treasurer. Ayes - all SOPHIA STREET CLARENCE TO BIRMINGHAM: Mrs. John 14. Torseth appeared in regard to the improvement of Sophia Stre'et from Clarence to Birmingham. She stated that on September 20, 1956 a public hearing was held and this improvement was approved. It was also explained, to them that the improvement would not begin until sanitary sewers were installed. In view of the time lapse from the date of the previous hearing approving the improve- ment of Sophia Street Mayor Luebben introduced and moved the adoption of the following resolution: 59 - 10 - 122 ,,JTIEREAS, it is proposed to improve Sophia Street from Clarence Street to Birmingham Street by grading,,-gravel base construction, bituminous surfacing, bituminous curbing and. boulevard sodding, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minn. Stats, Secs. 429.011 to 429.111 (Laws 1953, Ch-398 as amended), UOIJ THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPL3,TOOD, MINNESOTA: That the proposed improvement be referred to Milner W. Carley & Associates for study and that he is instructed to report to the Council i-Tith 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 -ome other improvement, and the estimated cost of the improvement as recommended. Trustee Berger seconded. Ayes - all SUBURBAN GAS I.14C.: Suburban Gas Inc., request a permit to construct a Propane and Butan Plant on property leased from the Chicago St. Paul Minneapolis and Omaha R.R. on the southeast corner of the intersection of the railroad tracks and McKnight Road. Mr. Carl Tomek, representing the Suburban Gas Inc., was instructed to present plans and specification to the Planning Commission with attention paid to the distances from the nearest residential dwellings. SEWER IMPROVEMENT NO. 2 - PROJECT NO. 1 (PARKWAY DRIVE):: The f6llowing letter from the Village Consulting Sanitary Sew . er Engineers, Bettenburg Townsend Stolte and Comb was read: 1�hPlewood Sewers Improvement No. a Project No. 1 "In order to expidete the usefullness of sanitary sewers being completed under Improvement No. 2 and to permit as many persons to ' arrange for hook-up as soon as possible, we have had word from Nod.land Construction Company that the sewer line work on Project No. 1 (Parkway Drive) has been completed. A physical check of the job reveals that all of the underground work meets inspections and. is acceptable. However, a considerable amount of clean-up, street repair, shoulder repair, errosion control, sodding etc., yet remains to be done. Therefore, at this time we are ready to recommend that the underground portion of the project be accepted and that property owners be notified that individual house service connections may be installed. As soon as the balance of work has been accomplished, the entire, project can be accepted." After considerable discussion Mayor Luebben moved, Trustee Schmid seconded that the recommendations of the Village Consulting Sanitary Sewer Engineers be accepted. Ayes - all SEWER IMTROVEIVIE\TT NO. 2 - PROJECT NO.A (BATTLE CREEK) : The foll6wing letter was received from the Village Consulting Sanitary Sewer Engineers, Bettenburg Townsend Stolte and Comb in regard to Sewer improvement No. 2 - Project No- 3 (Battle Creek) Maplewood S'ewers Improvement No. 2 Project No- 3 "During the past several days, Lametti & Sons, Inc., have been working dilligently in an effort to clean the sewer lines constructed in the Marvin Anderson Addition so that house service connections may be made. Finally after many frustrations they were able to ask for a final inspection of the work in that area. Inspection has been completed and we herewith recommend acceptance of the under-ground portion of the sewer line construction on the following streets: 1. Upper Afton Road from Highway 100 to Ferndale 2-,. Dennis Lane from Upper Afton to Mayer Lane 3, Farrell Avenue from Upper Afton to Mayer Lane Lk., lvTayhill R oad from Upper Afton to Mayer Lane 5- &yer Lane from Yhyhill.Road to Ferndale Avenue .As mentioned perviously, these streets constitute the entire Anderson Addition. Acceptance of same will relieve the Contractor of the usual maintenance requirements included in the specifications and will require the use to return these lines into an acceptable condition before they can be connected into the general sewer system for the area-.. After considerable discussion Mayor Luebben moved, Trustee Hajicek seconded that the Village accept the report of the Consulting Sanitary Sewer Engineers and approve the underground portion of the sewer line construction in the Marvin Anderson I'st Addition.. Ayes - all IIAKE'v,-OOD DRIVE - IMPROVE1,0qT: After considerable discussion Trustee Berger introduced. and moved the ad d-.t i on of the following resolution: 59 - 10 - 123 WHEREAS, pursuant to resolution Number 59 - 10 - 104 of the Couqcil adopted October 1, 1959, a report has been prepared by t1ilner W. Carley & Associates with reference to th-0-Nif-" ,!.Lmprovox,eiat.'..-.of".L,akpw-bod.D,rive frofri Holloway Avenue to Ripley Avenue by grading and gravel base construction, and this report was received by the Council on October 16, 1959• 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, Ch- 398, as amended) at an estimated total cost of the improvement of $7,326.00. 2. A public hearing shall be held on such proposed improvement on the 3rd day of December 1959 in the Council Chambers of the Village hall at 8:00 P.M..and the clerk shall give published notice of such hearing and improvement as required by law. Trustee Schmid seconded . feting adjourned at 12:30 A.M. Ayes - all Tames R. Pietila Village Clerk NOVEMBER Q =12L The regular -meeting of the Maplewood Village Council was cal-led to order at 7 %00 P.M. by Mayor Lue•ben. Other members of the Council. resent were Trustees Haii, p ,ek, O'Mara and Schmi'd.. Absent-, Trustee Berger Trustee Schinid inrioved, May-or •uabben seo',onded that the October 29, .,959 meeting minutes be accepted as submitted. Ayes - al:'', JOHN GALUGHER, 8 5 AGATE STREET PARKSJI'DE IMPROVEMENT CLUB - Mr. Gallagher, representing the Parkside Improvement Club, presented bids he had received for !umbel--1 and hard-ware to construct a hockey and skating rink in the Park-side area. Mayc-)r Luebben referred this matter to Trustee Berge'r for action as s he determines proper. Trustee Berger arrived at this poilnt. MRS. FLICEK 116o SOPHIA STREET RANI .TARY SWER- Mirs. Flieek stated she had recently purohaaf d part of Lot 2, Block 61 off Sabins Gardens Addif.,,,.ion whierl s bound by White Bear Avenue on the east, a-irke Avenue i bounded. on the north and Prosperity Road on the west and asked if sanitary Sewer could be provided for this property. Trustee,, 00Mara. stated that this property is t-00 low to be se-Ar-v,-ed if-rorti the present sewer located on County Road B. Mrs. Flieek asked 1-f-' would be possib','le to improve Burke Avenue to i-b,3 fug.? i#idth and connect to the sanitary se-wrer on 1)rosperity Road, Mayor Lue•ben referred this matter to the Village Engineer for recommendation and r6port,, BYRON OWM2_2HAIr" AN .n s RECREATION COMMITTEE:: Mr. Holm stated. that at the November 2, 1959 meeting of the Recreat.-Lon Committee L the followi 20 A full,time Recreation Director will act as a coordinator for existing program and facilities in the Village. 3. The Director will be able to promote the needs of recreation for the Village by appearing before the public and presenting the facts concerning its needs and operati en, 4. The Recreation Director will be able to answer questions ns concerning recreation problems thus acting as a 101clearing house" in assisting the correct information be given 'the residents of Maplewood. ? Trustee O'Mara moved, Mayor Luebben seconded that the Village Co'Uncilaccept the basic recommendations of the Recreation Committee as submitted in their report to the Council. Ayes - all Trustee O'Mara introduced and moved the adoption of the following resolution expressin'g-the gratitude of the Council for the time and effort expended by the Recreation Committee in the development of a recreation program for the Village of Maplewood: RESOLVED, That the Village Council of Maplewood Minnesota make it known to all residents-of the Village of Maplewood their appreciation of tho job done by the Village Recreation Committee in the formulation of a basic recreation policy and to each member of the Committe6 the Council expresses its sincere gratitude, Trustee Schmid seconded, Ayes - all MR. JOHN LLOYD,.-TREASURER, BEAVER LAKE LUTHERN CHURCH SEWER ASSESSMENT: Mr.. Lloyd stated.th.e Church had purchased the property abutting•the present location of tfii,-Church in 1958 and the ,sewer 'assessment apinst this property was sent to the previous owner, He requested that the Council change the a6sessment so it would be against the Beaver Lake Luthern Church and that the rate for property owned by Churches be applied. ,In view of the above information Trustee Ha jicek introduced and moved the a,doption of the following resolution: 59 -11 -125 WHEREAS, pursuant to Resolution No.. 59 - 9 - 76 of .the Village Council of Maplewood, Minnesota Adopted September ,3, 1959 the special assessments for the construction of Sanitary Sewer Improvement No. 1 were levied against the attached list of described properties; said list made a part herein, AND-WHEREAS, the assessments against the above mentioned properties are in error, NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPIZ400D MINNESOTA'that the assessments for Sanitary Sewer Improvement No. l against the heretofore mentioned properties be correctly cert.. ified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. Trustee Berger seconded. Ayes - all SUBURBAN GAS COMPANY M2UEST FOR A BUILDING PERMIT The following report of the Planning Commission was read in regard in regard to the proposed installation of unloading facilities for propane and butane gas on the Chicago Northwestern Railroad property near McKnight Road: "Installation by Suburban Gas, Inc., of two or three L.F. Tanks and necessary accessories for loading and unloading. The area is ad.. jacent to the Omaha Tracks, East of McKnight Road and - Maryland. Tie zoning s not in question,'' on, g q If the requested permit is granted, it it is our opinion it should be for no more than requested, thus necessitating further approval if any changes are to be made. Mayor Luebben stated because of the urgency expressed by the Suburban Gas Inc., he had granted them permission to set up temporary facilities to unload gas but had instructed them to write the Village stating that if the request to install permanent facilities was denied by the Council the Village would not be held liable in any way. The Clerk reported he had received said letter and that it contained the requested waiver of liability. Mr. Tomek, Plant Operations Mgr., for Suburban Gas Inc., stated they plan on using a van -body to store necessary equipment necessary to operate the plant. Trustee Berger stated a van. -body was not a desireable structure to have on a industrial site for storage facilities and suggested they construct a building for this purpose. Mayor Luebben referred this matter to the Building Inspector for report and recommendation and if agreement is received by the Building Inspector stating that the Suburban Gas Inc., will abide by the recommendations of the Building Inspector the Building Inspector is given the authority to approve the permit for the construction of the propane and butane gas unloading facility. ORDINANCE NO. 86: After considerable discussion Trustee Schmid moved, Trustee Hajicek seconded that the Village Attorney be and is hereby authorized to prepare M Ordinance licensing the installation and operation of gas and service stations. Ayes A all PLANNING COMMISSION REPORT:. The following report was submitted to the Council in regard to the construction of a gas station at Roselawn and Rice Street: "Building Permit No. 8714 for erection of a Skelly Oil Station on the NE corner of Rice St. and Roselawn-or County Road A-2. We recommend approval but suggest that inasmuch as a sewer will undoubtedly be constructed along the blvd. of Rice St., some time next, year, no concrete slabs be laid over the proposed in- stallation points but rather a temporary slab of a less permanent nature. We also suggest a relocation of the planned septic tanks to provide for easier connection to the sewer. Trustee Berger moved, Trustee Schmid seconded that the report of the Planning Commission be accepted and the plans and specifications be referred to the Building Inspector for review, recommendation and report. Ayes - all TRUSTEE 0114ARA - SEWER CONNECTIONS FOR WOODBURY TOWNSHIP: As a result of a request by the Woodbury Township to connect to the Maplewood Sewer Sys ' tem Trustee Schmid moved, Trustee Haj-!.cek seconded that Trustee O'Mara be authorized to write the Town Board of Woodbury, Tow.wship stating the condition under which the Village of Maplewood will allow sewer connect-ions to Woodbury Township. Ayes - all 21_00P,,M. - OPENING OF BIDS ON A FRONT END LOAPE : Pursuant to due call and posted and published notice therof, Mayor Luebben asked if there were any additional bids on a Front End Loader. Hearing none, the Mayor declared.the time for receiving bids closed and instructed the Clerk to open bids: The following bid was opened from the Elmer Geiger Inc.: Total Bid _Certified Check Terms $49048-75 5% of bid Payable 150 d�ays from acceptance Mayor Luebben referred the bid to the Village Engineer for recommendation and report. V.F.W. ® BEER AND BINGO PERMIT9. Roland Reiter appeared in behalf of the V.F.W. and requested a one day Beer and Bingo permit for November 20, 1.959, Trustee Schmid moved, Trustee O'Mara seconded that the permit and license be issued without fee. Ayes - all KOHLMAN LANE IMPROVEMENT HEARING: Mayor Luebben stated, that by mutual agreement of the parties concerned in the Kohlman Lane Improvement Hearing it has been decided to post-pone the hearing until 8 ,-00 P.M., November 19, 19590 Vern Ljungren of Milner W. Carley & Associates, Consulting Village Street Engineers, .presented the following estimate for the construction of Soph.`a Street from Birmingham to Clarence: Grading, including stripping topsoil and using same to dress boulevards $ 950000 Borrow material to construct fill 970000 Gravel base construction 1950-00 Bituminous surfacing 1870000 Boulevard sodding 650. OLO Bituminous curbing 860,00 $5450.00 10% engr1g, legal, overhead, etc. I L L . 0 . 0 Total Estimated Project Cost $5995-00 The Clerk was instructed to send a complete copy of the Engineers report and recommendations to the affected p-tk'operty owners. HILLSIDE P.T.A.: Trustee Berger reported that the Hillside P.T.A. requested assistance from the Village in the construction of a skating and hockey , rink. Mayor Luebben referred this matter to Trustee Berger for action as he sees fit. PARTIAL PAYMENT CERTIFICATES: Trustee O'Mara moved, Trustee Scl-miid seconded that the Village pay Payment Certificate No. 3 In the amount of $439862.09 which entitles Lametti &.Sons, Inc. to partial payment for work completed to October 11, 19.59, on Improvement No, 2, Project No. 3 (Battle Creek) Ayes - all Trustee O'Mara moved, Trustee Schmid seconded that the Village pay Partial Payment Certificate No. 1 in the amount of $29,336037 to Lametti & Sons', Inc. for work completed on Improvement No, 2, Project No. 4 to October 31, . 1959. Ayes - all Trustee O'Mara moved, Mayor Luebben seconded that the Village pay Partial Payment Certificate No. 2 in the amount of $4,247019 to Nodland Construction Company, Inc. on Improvement No. 2, Project No. 1 (Parkway Drive) for work completed to October 319 1959. Ayes - all "Trustee O'Mara moved, Trustee Hajicek seconded that the Village pay Partial Payment Certificate No. 3 in the amount of . $49,179.99 to the Nodland Construction Company for work completed to October 31, 1959 on Improvement No. 2, Project No, 2(Hazelwood) Aye s - all Trustee O'Mara moved, Trustee Berger seconded that the Village pay Hurley Construction in the amount of $14189.40 for work completed can sewage pumping station No,, 6 to October. 31, 1959# Ayes all PA NT _ SWR IMROVMNT CF0 RESIDENT SUPERVISION ON PROJECTS 1.2.3.41 Trustee O�Mara moored, Trustee Schmid seconded that the Village pay Bettenburg Towneend. Stolte and Comb for resident supervision for sanitary sewers - xmprdvemerit Projects 1, 2,3,,4 for the month of October, 1959 in iccordanoe with an -apy- e" age! ► 'dated April. 8, 1957 and letter of April 17, 1958. Ayes all § 0Z PRQVEMENZ T O SA . T S EA After considerable discussion Trustee Schmid introduced the following resolution. and - moored its adoptions 59 126 A SOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF 1MPROVEMBNT NO. 2, PROJECT NO* 4, SANITARY SZaR PROGRAM 'DOND8. OF 1959 IT RESOLVED by the Village Council of the Village of Maplewrood:, . Mi nes ota t as follows s ' 'GRAS, The Village Council of said Village has .heretofore determined to construct improvements consisting of a ,Sanitary Sewer System and incidentals thereto, said incidentals consisting of street resurfacing to be completed finder cooperative agreement with the County of Ramsey, and the extension of • the City or St..: Pain. Bawer .maifti.to connect =to the Village" mains to be completed under cooppr tivo , agreement with the _City of St. Paul, a11 at a total estimated.:oost of $3000006-00 WHEREAS, the Village Council has entered into contracts for the construction of Improvement No 2, Project No. 40 Sanitary Sewer P`iogram of 1959* NOW THEREFORE t BE IT RESOLVED by the Village Council of the Village of Maplewood, Minnesota: 14 The Village shall f thwrith issue its negotiable coupon, general obligation bonds in the aggregate principal am6unt of $300,000 to be 300 in number, and arumberod conseoutively from 1 to 300, both inclusive,, in the denomination of $1„000 each* da ►tom December 1, 1959 #'- amid.. to bear interest from the date hereof until the principal is paid d at the' rata .nf fa ur s,hd "term hundredths per cent (4.10 %), per aarnrnum +era all bonds maturing in the ears 1962 to i9a�9, both �.rzc�.uaai�re, paaya�,t�1a� December �,, 1960- and ee�.w annually there - after on Juno 1 and Dscembei� 1 in each year, plus additional interest represented by s� separate set of interest coupons, at the rate of one and sixty hundredths per cent (1.60 %) per annum from December 1.5, 1959 to December 1, 19610 payable December 1, 1960 and saa t . ►anr i ally thereafter on June 1 and December 1 in n each year. Said bonds sham, be payable 'as to principal and interest at the American National Dank of St. Pauly St., Pain., Minnesota, and shall. mature serially on December 1 in the years and amounts as fol, owes: $- S;,OOOa00 in thera:a,r 1962 - $10,000400 in each of.the years 1963 Ike 1966 both inclusive $15,000#00 in each.., of the gears 1967 to 19` 1 both inclusive [/�'; ! t. /:,,.e '! ,° t �oR a•!F` "��� '`.d' . , *,�' " ar !'6 M9 ° f,? n, }' r. 7 ;f _ '.. !! �; `. i"�'f � ..3 (i :., ,y .�J^ ; y: ` -�) p 4 !' . i' ; St •. + ). ..6;`fy ., <'`. d ; �br' .. ' ":r _'0 a $2,00000.00 in saoh of the years 19?2 to 1M both inolusive, and W#000@00 in each of the yearz 1976 to 1979, both Inclusive: All bonds Maturing after December It 1969 shall be subject to redemption and prior Payment at the option of the Vill.,,Age, In inverse order of their numbers, on said date and, on any interest payment date thereafter,, at par and accrued -I nterest plus a -I premium of $40.00. Thirty days pnior notice of redemption shall. in each case be given to the bank where said bonds are payable, to Juran & Moody, Inc,, 93 East Sixth Street,, t® Paul., Minnesota, and to the last known holder. Holders desiring to receive such notice must register their names, addresses and bond numbers with the Village Clerk. 2* The bonds and interest coupons to be issued here-under shall be in substantially the fo1,.*10-vA,ng formt UNITED ►TATES OF AME'PCHA.. STATE OF MINNESOTA, COUNTY OF RAMSEY VILLAG.E OF MAPLEV001) IMPROVEMENT NO, 2g PROJECT NO. 4� SANITARY SEWER PROGRAM DOND OF 1L9,e;q 1 $11000800 KNOW ALL MEN Irt THESE PRESENTS, That the V1-11age of Maplewood, Ramsey County, Minnesota, oertiftes that it ia indebted and Por value received promises to pay to bearer, the sum of ONE THOUSAND DOLLARS on the first day of December, ln until the principal is paid, , ;7,,,.,,.0and to pay interest thereon from the date hereof at. the rate of .four and tan hundredths per cent (4810%) per annum, intereat being payable 1p 1.960 and semi-annually thereafter on the first, day of June and the first, day of Deoember in each year, plus additional interest$ represented by a separate set of intOrest coupons, , at the rate of one and sixty hundredths per oast (1860%) per annum from December 15, 1.959 to December 19 1961, payable December It 1960 and aerti:i-annually thereafter on June ]-and December I in each year tai accordance vith and upon presentation and surrender of the interest coupons hereto atfached which are in two sets, ono representing interest from the date hereof to matupity at the rate of four and ton hundredths per cont (4,,10%) per annum and the other representing, aelditional interest at the rate of one and sixty hundredths per cont (1.60%) per annum for the period Decembar 15t 1959 to December I., 1961. Both principal and Interest are payable at the American National Bank of St. Paulo St. Paul, Kinnesotat In any coin or currency of the United States of America, which on the date of payment is legal tmndar for public and private debts. All bonds of this issue maturing after December I.g 1969 are subject to redemption and pr'ior paynent at the option of the Village in inverse order of their numbers, on December 1, 1969 and plus a promium of $40.00. Thirty days prior notice of redemption i9hall in ertch case be given to the bank where said bonds are payable and to the last known holder@ Holders to reteeive such n0ti0e Must register their names,, addrossas and bond numbers 'with the Village Clark. This bond Is one of an issue in the total principal. airlount Of $300,000, All of like date and, tex'UTG, exc0t aS to maturityo Interest rate and redemption privilege, whioh bond has been i.ssued pursuant to and in full conforxity i,,rlth the Constitution and laws ot the State of Minnesota, for the purpose of providing money for the '4 construction .of a part of the Sewer System for the Sanitary Sewer Program of 1959 Fu of the Village. This bond constitutes a general obligation of the Village, and to provide moneys' for the prompt and full payment of said principal and interest when the same become due the full faith and credit of said Village have been and are irrevocably pledged, IT IS HEREBY CERTIFIED AND RI1,CITED 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 dome, 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 the date 'of its actual issuance and delivery, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the Village Village Council has caused this bond 'the Mayor and Village Clerk and the and has caused the interest coupons by the facsimile signatures of said Village Clerk . No. On the first day o f County, Minnesota,, will St. Paul, Minnesota, the Project Nod 4, Sanitary Village Clerk of Maplewood, Ramsey County, Minnesota, by its to be executed in its behalf by the signature of corporate seal of the Village to be hereto affixe4, hereto annexed to be executed and authenticated officers, all as of December 1, 1959. -- Mayor (F'opm of Coupon)' December (June) 19 the Village of Maplewoedti Ramsey pay to bearer at the American National Bank of St. Paul, sum of $--- for interest then due on its Improvement No. 2, Sewer Program Bond of 1959, No.' December 1, 1959• Mayor ; (On all bonds maturing after December 1, 1969 coupons numbered 20 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 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 the bonds have been so prepared and executed', they shall be delivered to the Village Treasurer who shall deliver the same to the purchaser thereof ashereinafter provided, but the purchases 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 "Improvement No.2, Project No. 4, Sanitary Sewer Program of 1959 Fund, "to be held and administered by the Village Treasurer separate and apart from all otherfunds of the Village. Sai, funds shall be maintained in the manner herein specified until all of the bonds here authorized and interest thereon shall have been fully paid. In said fund. there shal be maintained two separat? accounts, to'bO 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 thereon, shall be credited to the Construction Account, from which there shall be paid all cost and expenses of making said improvements including the costs of construction-contracts, heretofore let and all other costs incurred and to be incnirred and the moneys in said account shall be .used for no other purpose, provided, that if upon completion of said improvements there shall remain any unexpended balance -in said Construction Account, such balance shall be transferred to the Sinking Fund Account. There, sha._U be c.,redited to the Sinking Fund Account all collections of the special assessments herein levied, all accrued interest received upon delivery- of said bonds, all f-tinds remaining in said Constru'ction Account after completion of the improvement and payment of the costs thereof and all co-11.1ection of the taxes herein levied. The Sinlking Fund Account shall be used solely, to pay principal or -interest on the bonds issued hereunder. 50 It is hereby determined that no less than $195,000 of the cost, of said improvements shall be paid by special. assessments to be levied against every assessable lot, piece and parcel of land benefited by the said improvements. The Village hereby covenants and agrees that it will do and perform, as soon as they may be all acts and things necessary for -the final and valid le,ry of such special ass,,essments, and in the event that any such assessment be at any time held inval-id with respect to any lot, piece or parcel. of land, due to any error, defect or irregularity in any action or proceedings taken or to be taken by the Village or this Council or any of the Village officers or employees, either in the making of such assessment or in the performance of any condition precedel-it 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 asses.-T—Int a va'_1L.-_!_d, and binding lien upon such property. Said assessments shall be payable in 20 equal., consecutive, annual installments the first of said Installments to be payable With general taxes for the year 1960, collectible with such taxes during -the year 1961. To the first installment there shall be added interest at the rate of 5 2,/2% per annum. on the entire assess- ment, from the date of the resolution levying the assessment until December 31, 1961. To each subsequent installment there shall be added interest at said rate for one year on all. unpaid installments. 6. To provide money for the payment. of principal and interest -there is hereby levied-upen '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 property taxes in said Village for the years and in the amounts as follows: Year Amount Year Amount 1960 39400 1969 1,09200 1.962, 3,400 1970 159300 1962 3,400 1971- 2.59000 1963 5,200 1972 149500 1964, 59300 1973 149,100 1965 10,700 1.974 19,000 2.966 109600 1975 18, 400 1967 109- 500 1976 17,800 1,968 i.o,400 1977 _17P,100 L Said tax shall. be Irrepealable so long as any-of said bonds are outstanding and unpaid, provided that the th.Village reserves the right and power to reduce the levies in the manner and to the extent permitted by 475.61(3) M.S.A. 7. The full faith and credit of the Village are hereby pledged. for the payment of the principal and interest of 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 Auditor a certificate that said bonds have been entered in the Auditor's Bond Register. 9. The offer of Juran & Moody, Inc., of St. Paul, Milm.esata, to purchase the bonds to be issued here-under at par and accrued interest, is hereby accepted, and when said bonds h6.ve been printed, the same shall be delivered to the purchases in accord- ance with said offer. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Luebben, and upon vote being taken thereon the following: voted in favor thereof,.,. Berger, Hajicek, O�Mara, Schmid and Luebben, and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. APPOINTMENT OF ELECTION JUDGES-. r Trustee Schmid moved, Mayor Luebben seconded the appointment of the following named election judges for the December 8, 1959 Village: Election: Lorraine Tepe Ruth Vincelli Jean M. Garrity Shirley Blomstrand Merlyn R. Hanson Helen Lundell Alice Sether Irene Anderson Phyllis D. Buckner Evelyn Lucas Grace Anderson Marion Clark Florence Moritz Evelyn V. Nielsen Mrs. Leonard Kuehn Helen Gold Rose McShane Frank J. Fischbeck Mrs. Russell A. Boogren Minnie Vold Rose-A. Bruentrup Joe Rangitsch Florence Foeller Helen Borglund Margaret Wolzon Mildred Grealish ,Eleanor Meachem Yvonne B. Bell. Howard Spiess Leona A. Broberg Archie Cook Char.l.otte E. Si:nd,(. Leo Kaeder Walter Rupp Gertrude Gatzke Bessie Hawkinson Evelyn Judkins Linnea Elaine Anderson Irene B. McClellan Isabelle McGuire Ida J. Szczepariski Frank Brady Ayes - all NON CONSERVATION LAND - TAX FORFEITED LAND: The Clerk stated he received a communication from Mr. L.C. Seamer, Assistant Land Commissioner for Ramsey County stating there were five parcels of land in the Village of Map"Lewoad which are forfeited for non-payment of taxes. He is requesting the Village. Council to classify these parcels of land as non-con- servation lands so they may be sold. Mayor Luebben referred this. matter to the Village Engineer for reconLmendation and report. TRUSTEE SCHMID: Mr. Forrest Schmid announced to the Council that he was at this time formally tendering his resignation from the 'Village Council. to be effective December 31, 1959. At the same time, he' announced that he is filing for the office of Mayor of Maplewood, since the incumbant Mayor has decided definitely riot to file for re-election. He went on to explain that his resignation at this time is intended to make possible the inclusion in the Village Ballot. of a one-year Trustee term, so that if he is elected Mayor, the vacancy in the office of Trustee will be filled by ballot and not be appointed. 59-_11 -1.,27 Upon motion 'by, Mayor Luebben, seconded by Trustee O'Mara it was RZESOLYED, that the resignation of Forrest, Schmid be and s hereby- � by accepted, said resignation to be effective December 31, '19- The Clerk was instructed to write a letter to the Village Council of North St. - -- Paul stating that the Village of Maplewood does not have any plans for the construction of sanitary sewers on Radatz Avenue at the present time but it is the general feeling of the Council that when the Village of Maplewood and other communities can benefit from the operation of .ore sewer line on a common boundry this is for the best interests of both communities. IMPROVEMENT NO. 2-- PROJECT NO 3.(BATTLE CREEK�a A letter was received from the Lametti & Sons, Inc., stating that heavy equipment being-used by the Marvin Anderson Construction Compa.pny on streets in their sub. division are endangering the recently installed sanitary sewers. Mr. McDonald, .Secretary for Lametti & Sons, stated that his company will not be responsible for any damage done to the sewers resulting from the use of said equipment. Village Attorney, Memmer, was instructed to write the Marvin Anderson Construction Company stating that if damage to the m .4weirm results from the use of their heavy equipment on the streets they will be liable and responsiblee Afar any of the said damages . SEWER EASEMENTS: Joseph L. Bettendorf, appraiser, and Fredrick P. Memmer, Attorney for the 'Village' of Maplewood, reported to the Council on the matter of easements required for sanitary sewer construction. Upon motion by Trustee O'Mara, seconded by Mayor Luebben, it was, 59 a 11 0 129 RESOLVED, +'•hat the Village Attorney is hereby authorized and directed-to obtain from the owners the easements in the following described properties, which easements are necessary for the construction of sanitary sewers and are part of Sewer Project #2, the owners of said property being listed as follows with they description of the lot owned by each owner"and the amount negotiated with said owners by the Attorney, Frederick P. Memmer, based upon the appraisals made by Joseph . Bettendorf. BE IT FURTHER RESOLVED, that the Village Treasurer is hereby directed and authorized to issue checks in payment of the above easements so that the Village Attorney can deliver said checks at the time of obtaining fully executed easements. Name Descri,tion Earnest Mom Balance lance Loe F. Kaeder and A 20 foot permanent easement Therese Kaeder and a 60 foot temporary easement $20,00 $980.00 crossing NE � of the NW" of Sec. 25, Town 29, Range 22, from SW'ly corner to NE' ly - corner thereof. Albert M. Kaeder, Jr. A 20 foot permanent easement and a and Bertha Kaeder 60 foot temporary construction ease. merit running East and West across Block 1, Beaver Lake Addition, also a perm. $10.00 $590 anemt 33 foot street easement over East 33 feet of Lot 1, Block 1, Beaver Lake Addition. Ages - s;17t'.. WEED INSPECTOR REPORT.* The Village W, ' 8d Inspector, Leo F. Raeder, presented. his annual. report to the Council. Briefly, the report stated. that Mr. Kaeder had spent a total of 364 house inspecting weeds and $352.80 was spent, by the Village for weed control aside from wages and expenses on Public property. Mr. Kader's report also stated. that weed-swere satisfactorily controlled. on railroad property, at the dump, in the public parks and in the streets, alley's and public grounds, A ..total of 1019 acres of weeds were cut and sprayed. during the last year. Meeting adjourned at 12:00 PA;,, dames R. Pietila WIL.1i 2 .:130.2 .5� Maplew6od. Villega Council was.., aalW. to ord-or. at.. The regulax. meetixig of the '7000 P.M. by Mayor Luebben. 016her members' of the Co-wvil present wers T:rusteies Bemger, Hajiaek,,and 01MAra,. kbeen, v- T.Mmpts, Sup y1,1p Trustee Berger moved, Trustee O'Nam secanded that -the Narpmbex- 7i -1931) meetimg. minutes be approved as submitt-ed, Ayes all PARKS IDE FIRE DEPARTNENT ONE DAY B: GO. Eagene A, Dellis, member of the Park side Fire,. Delartme nt.t..,requested in n-behalf of the Fire Department, a, one,.Rday, Bingo Permit for December 6, 1,9599,,.. .Trustee Berger moved, Trustee O'Mara- seoonded that a . one dad Bingo Permit for December 6p 1959 be issued the Parks ide Fire without fee.!,, Ayes, CX_kN T NQ* PROJECT RDER NO. 1; IMPROVEMENT LAKE). Trastes O'Mara moved, Mayor Luebben seconded the approval of Change Order -No. 1 9 Improvement No. 29, Projeot Na. 4, (Beaver Lake). Ayes .!. all. 33A]RBAROSSA & SONS - F&MD OF FINAL WITHHOLDING FOR 1958 SEWER CONSTRUCTIONS Trustee ..O.' Mara stated that the Village has been. in witbh 1 $50O-.00 from . . q d .. g the Barbarossa & Sons Construction Company until difficulties existing with ,-the operation of high water alarms ® one or two of the sewege...pump ing. - stations con, structed by them was co'rmeted. Per a let-ter dated November 13, .1959 from the Village Consulting Sanitary Sewer Engineer Trustee OOMara orreote.d. stated that the above mentioned. diff iou 1ties have been e . 41 Trustee O'Mara moyadq Trun-tec e Ha, �jiaek aecorLded that B�Lrbarosaa, & SoLw C c)ns tract ic%n C)arapany 'be ptv4Aj. the withhold of $500.00 A"ye's all SEAER._ CONS.T.'02C 'X`�. Trustae 0 lvj,,,r,, stated fo1'1!.coy(w tr_-ng ,Vroj�,.ress is being made on Sanitary Sewer %;,, * I Dmprovement No. 2'9 Pzvjeat No. 1, (Parkway Dri%vs) - Completed except for BEALTH DEPARTM0T BEIIx41RE ,L,.Y ITAT L I Sj_PRV1CJ,,, I�Ji Of '1.oearq rk�portad tbpA I-Vhe Be'12.a. r io) r R 11, a Sanitat a E 1. e a no. Deputy B., 1, Se ice is causing coorusiderab le. trou:ble and. agitation in the process of colleotirLg garbage within the Village. It has ,been reported that Be lalre Sanitation - Serviae is x*quix1xLg residents to plac6 their garbage can on the front boulevards which is in violation of Ordinance'No. 49,, They are also failing to pick up garbage at designated times, rel%),sing to pick up material other than garbage which 'they previously did without an additonal charp ge and, asking residents to place their garbage aanG immediatel,,V- next to the rear door of their dwellings. to Bellaire Sanit-ation Sergi expla-in the The Clerk was Llitfatruoted, to w) its nature of the complaints rer,*ived by the Ccmncil and inforr -them if this siiaation is not ao=eated, lizmediately -the Counn.il will 'be required to ausj*nd, their lioense to do bi;,Uoinsse in the Village of plewood.. Trustee Schmid moved that Leonard Ayde, Cents:rrille Roadq be issued a garbage haulers licenes,-0 T:nxste9 Btkrgar secolr.d ed. RICHARD BLOMGRr4,N* Mr. Blomgren requested the I.Pirmission to delay connecting to the Sanitary Sewer System until Oat.dberq 1960. It was explained to Mr. Blom en, that Village ftdinarioe and thre Plumb:ing Code require struct-ares that abutt a 2,, Improvement No. 29 Prolieut No. 2 '(Hazelwood) - The, Nad.limd. Construction agmpazW will fiutish tbe sevrc_xr. in the Cre.stmoor Add4tion bu,,t will, i.aot tsaov u,,p 81,:,iny morez etre�,,�ts th.I&A Axaterg ttv"'nq semreral lateral sxteneiomjA tiap"t of White- IYbar A�renti& will "hot be;"completed` Amtil next -spring. 30 Qr ,Q a k the Marr $9,et Add:` eot 5vt` A iff, T.'he 1:Ulam4 to, 10,11e comzt-tty' W01".*k S. b., u: oorlp.leted. und, �`the' Wank, .4, d R Bat e, k &,ii, 40 MAprove-ment No. 2 4 (Be Trustee Lamel & So �s ".n -,,'�he., 9.:,ea )ao =V, VJ1,21age, st;revei �L n �ext sp:,ringo Thell,.r v.1'xiter uvil.l be to t4w Kevq.-I,o r p1col. ?' rtqr. Tray te(� Sabirtid ar-r-_1,7,r(ad at thlt s BEALTH DEPARTM0T BEIIx41RE ,L,.Y ITAT L I Sj_PRV1CJ,,, I�Ji Of '1.oearq rk�portad tbpA I-Vhe Be'12.a. r io) r R 11, a Sanitat a E 1. e a no. Deputy B., 1, Se ice is causing coorusiderab le. trou:ble and. agitation in the process of colleotirLg garbage within the Village. It has ,been reported that Be lalre Sanitation - Serviae is x*quix1xLg residents to plac6 their garbage can on the front boulevards which is in violation of Ordinance'No. 49,, They are also failing to pick up garbage at designated times, rel%),sing to pick up material other than garbage which 'they previously did without an additonal charp ge and, asking residents to place their garbage aanG immediatel,,V- next to the rear door of their dwellings. to Bellaire Sanit-ation Sergi expla-in the The Clerk was Llitfatruoted, to w) its nature of the complaints rer,*ived by the Ccmncil and inforr -them if this siiaation is not ao=eated, lizmediately -the Counn.il will 'be required to ausj*nd, their lioense to do bi;,Uoinsse in the Village of plewood.. Trustee Schmid moved that Leonard Ayde, Cents:rrille Roadq be issued a garbage haulers licenes,-0 T:nxste9 Btkrgar secolr.d ed. RICHARD BLOMGRr4,N* Mr. Blomgren requested the I.Pirmission to delay connecting to the Sanitary Sewer System until Oat.dberq 1960. It was explained to Mr. Blom en, that Village ftdinarioe and thre Plumb:ing Code require struct-ares that abutt a ,..,.,� a�.��� s.cewer system to be c�,o acted. to that system within one year after the service is available .,to. the prop. arty, The deadline for these connections is December 319 1959 and at that t i e the Couitail will decide what action to take in. regard to indi;v aa,ls not connected to the sewer system® AWARD OF BID .OR D0. OA Trustee Berger imported that the bid of $4: 048075 received from the Elmer Geiger Company of St. Paul was' the log, bide The Engineer. reported that the specifications of the front end loader met the specifications called for by the. Village in the advertisement for bias. Trustee Berger movedi, Trustee 1Tajjicek seconded the the low bid of $49048,,75 for a, .front end .loader by the Elmer Geiger Company of St. Paul be accepted. - Ayes all CIVIL DEFENSE UNIFORMS: Trustee Fajicek moved, Mayor Luobben seconded that the Village purchase two Womens Civil Defense unife m Ayes m all KOHL LANE, IMPROWMENT EMING - °0 00 P.M. 8 Y h' y Mr. Sundbsr g� attorney for Mr.. -John Pahay9 2756 feller Par°kwwj9 stated that the petitioners and Mr. Pahay have reached an agreement for the proposed location of Kohlman Lane. Trustee Berger stated that the Consulting Street Engineer is absent because of illness and the. the Comicil. Vas not in a position to pass on the proposed location of KohIman Lane from a engineering standpoint. The Clerk was instructed to. infoxti Milner W. Carley & Associates of the muting proposed by the petitioners axed Mr. Fakery and ieqgest thsm to be prepared at a subequent meeting w tih recommendation and report SUBURBAN CAS INC.: Building Inspector Londin reported he had received a, letter from the Su'burban- Qas I.ncm 9 stating they. wo,ild construct a garage and toilet facilities at their proposed.plant location near the Chicago,mpiso St. Paul and Omaha Railroad Track and McKnight Road. The letter also stated they would construct the plant to meet all requirements of the "pillage Building Code and the State Fire Marshall. ....Trustee Schmid .moved that a temporary permit to construct the garage and plant . must-be taken out on or before December 19 19599 said garage being constructed by January 19 19,60 and final plans approved for. the plant by June 1,. 1960,10 Aye s a 12L GFQR E W. ANDERSON, 1101 EAST COUNTY ROAD Bo. A_ let ter was- received. from George W. Anderson, 1101 East County Read B. This meter was referred to . the Village Attorney for recomi mendation and 'report. AMMMEC. Tg,,BU1LD.IffG, CODE. Tr nz,tee Schmid.Introduced and mcffed the -adoption of the following Ordinances ORDINANCE NO, 87 -CF E T 1. D "AN ORDINANCE ESTABLISHING AY.ORD33ANCE.,AMENDING 0PJ),INAN 3 NO. 1144 11 T LE AMPLIFYING.,. AND EEVISING_ THE. BUILDING CODE- CREATING THE OFFICE OF BUILDING .3NSPEtCT.ORI-.,...,VALIDATING, .ALL ..PERMITS ISSUED AND CONSTRUCTION AUTHORIZED UNDER THE CODE ORDINANCES OR PARTS THEREOF INCONSISTENT' HEREWITH." As AMENDED BY NO. 25, AND 860 Trustea Hajieek seconded. Ayes all V 111AGE ,ATTORNEY LETTER TO THE MARVIN. ANDERSON CONSTRUCTION COMPANYg , Village Attorneyq Xemmer,. reported that he 'has writ-ten the Marlin Anderson Construction Company, in, ,regard. to. -the .sewers and streets in his sub-division, Briefly,,, the. le,tter,stated.that. because of the unusal circumstances resulting from the construction lazaid sub-division the Village at this t:tme has not and will not accept the streets in said area for maintenance, The sewer oontractor did evex7thing possible -to restor the streets in aocordance with his contract with the Village of Maplewood but because of the efforts made by, the. Marvin, Anderson Construction to continue home, constrac ti. on in the area. and the advent of unusally wet .:weether It- is impossible -to have any kkinid of u,seable surface on, the streets; , Thereforep any work done at the present time on said streets by taid aonstruction compsny �will not corm-titute thoir ... obligations in regard. to street oonstniction axid the Village will not assume any responsibility for any. damage done to the re nently installed, sewer lines ,resulting from the use of heavy equipment by said oonstruction company o4 the The letter prepared and sent by the Attorney is on file in the office of the Village Clerk, WHIRLPOOL CORPORATION - WATER CONTRACT: Trustee ,O'Mara mowed.,. Trustee. Hajicek seconded that the Mayor and Clerk be and are hereby authorized and.direated to enter into agreement in 'behalf of the Village of Maplewood with the Whirlpool Corporation for the construction of a water main from Larpenteur Avenue to the Whirlpool Corporation's Frost Avenue plant, Ayes - all 4FUND OF SEWER ASSESSMENT: Trustee Offt ace. moved, Trustee Schmid seconded that the Village Treasurer be and is hereby autho:rized to refund Christen Ha agg 24,,07 Stillvater Road, $33*75 Pursuant to Resolution 59 - 11 - 121 in view of the fact that he overpaid the sewer aereessment for Sanitary Sewer Improvement No. I against the following described parcel of property-0 ft. N 1165,.46; feet and Ex W 2577 feet Part Nly of STH 2121/45 of W' V/14 of Fol sE, VA. of Nw, 1/441, of w, '///4,. of sw 'A of section, 25, TownsLip 29, Mange 22 Ayes - all APPLICATION FOR F;ESTAM T LICTUZE - 2724 STILLV4'ATE1-'-,, RC;i .D: Trustee Berger moved, Mayor Luebben seconded that the application for a Restaurant License by i",ichard 0. Ekley be approved.; said restaurant to be located at 2764 Stillwater Road. , es - all ,y TRAFFIC S1TP-V1!Y S`-PE1, .:1', CHT.LT.'. Trustee I'-Iajicek moved, Trustee Berger seconded that the Clerk be instructed to write the Minnesota Highway Department to request a traffic survey and speed check of State Highway No 100 from U. S. 1-1-ighway- 11 12 to the No-rth St Paul city limits. Ayes - all VILLAG.1, ElIGINI"CTI: Per instructions of the Village Council, Village Tnngineer Nelson reported he had reviewed the possibility of servicing certain lots to the south of Burke Avenue between 'V'hite Bear Avenue and Prosperity Road with sanitary sewer service from either County Road B or Prosperity Road. Pl'r. Nelson stated that the above men- tioned lots are too low to be served with sanitary sewer srrvice from heretofore mentioned locations but that when sanitary sewers are constructed on U ,'hite Bear Avenue they will be able to male use of the utility. Village Engineer IJlelson reported that Ramsey County is planning on remodeling the bridge located on County Road C between Highwa4r- ' #6,1 &r)H, a2bIwood by, the driving surface to 271 and constructing a 5'/4idewalk. SANITARY SE ER l,",SS.I.',SS, ,T�,D�72S: After considerable discussion Trustee O'Mara introduced and moved the adoption of "41 the -following resolution: -59 - 11 - 13,0 t'HEF,EAS, the Village of' I� aplewood has installed sanitary sewers in parts of said Villa ;e and is now engag ,ed in extending said sel,�,�er system; and v111 o 1E RE AS, with reference to assessment of unim ,roved tracts of land, not previously platted into lots, the said Village has add*pted the policy of deferring I assessments of amounts in excess of t'.-.e amrunt assessed against an averag,, lot wit 'l a 100 foot front; IT IS HEREBY RESOLVE T' that the Village of Maple-vicoc'l. reserve8' the rigl'it and hereby gives notice thereof, to impose upon any lot or building site, resultinE, from the division of any tract upon which sanitary sever assessment has previously been w1iolly or partially (Wett-ed , a chat-ge for sewer connection not less than the sum determined by multiplying the number of front feet of such newly treated lot by the assessment rate per foot developed at the time or original sewer construction assessment, unless otherwise provided; and that the unpaid portion of the original assessment shall remain a charge against tine residual portion of such d ivid ed tract; AI\U,) FURTHER, that the Clerk is instructed to file a certified copy of this resolution in the Officer of the Register of Deeds as notice to all affected persons. Mayor Luebben seconded. Ayes - all 14 ST- CCTIN-ECTICN FOR, SC .:COOL IN WOCDBURY TO14US!"IP: A letter was received from the Walter Butler Company requesting a sewer connection T for a school to be constructed in li.'oodbury 'cwnship. Mayor Luebben referred this matter to Trustee O'Mara for recom,iriendation and report. 1',Ieeting adjourned at 11.30 P-M- .Tqkes R. "Pietila, Clerk DECEMBER _L_1 M The reoilar meeting of the Maplewood Village Council was called to order at 7000 P-M- by Mayor Luebben. Other members of the Coimmcil present were T1.ustees Haiicek and S,3.bmid. Absent-, Trustees Berger and O'Mara. Trustee Hajioek moved, Trust . e,,e Schmid seconded that the, Woveml;er 1.9, T959 meeting minates be approved as submitted. Ayes - all MiS. JOEN OLSON - 1932. ENGLISH STBEET: Rrs,, Olson stated that she wants her dwelling to be to the can itary. sewer system as soon as possible but before making said connection sha wants to oo-,nstruct a basement under said dwellingo She stated that she has attempted to oontract a, house mover to raise her house so -the basement could be constructed "b%iA bBa, not met with any success. Building Inspector Londin stated that the house movers in the metropolitan area were all busy with -the large house moving prol3ecit taking place on Rondo and. St. Anthony streets in St,, Paul and are not interested in small jobs at this tmle,, It was explained -to Mrs,, Olson that in as much as a permit has been approved for the construction of the basement and the attempt to connect to the sanitary sewer system is obvious she would be allowed the delay in connecting to t"he sewer system until the basement under her dwelling is constructed. WALTER UrKkp LR 2 EAST P) �`,,VFXTII ST 14 HT T T 0 BIT 11 D ON Pi 66,1 1,orl L.� Xre Weaver stated that he, :reoently purchased. lots 4 & 5o Minno.haha Sti,,burtan Hr-.,i,F,hts,, These lots both ha,,re a 660 frontage azid thus are not *ap to the,, mi:nifflun requirement of 75" frontage re(jtzired by Villwje Ordinance,, for lmz,.I-hIlng M�_; requested porinLqaion, of the Ormlxned,l t "') o thaw 10-ta'a -to Mr. Wea-we-it t]:iaAl tht� Council is not in a, posit-.Loin, to when a 1-mrdsh"-p is J!t to Village Ordinances3 except u V" as as Mr. Weaver just racet-ILly par rased. these, lats wnd- shou'JLd. have been awa:n-5,, of the building requi,.ramenta in. the Village of Kaplowood the, requ,,s%st was Oil BELIATRE 'SPANITATION SERVICE0 0 Mr. lb.,tnaomi appeared before, flax Colancil in regard. -to a lettP,,r from the Village Clerk pertaining to certain viola-ttons h is in regard to the o3,rtration of his garbage and rdbbish haut"IAng, opsration in the I The November 209 T959 leitter from the, Clerk point.ed (vat the following lj,�!Pgu lazes hies that were. brought, to the attention of the OCO)ULTIOJJ-„ 0 T, A failure. to piok up material other than gar1,6age which is a aeirv-alae previouabr perfo=ed, without additional charge. 20, Requiring Village residents, to placo their garbaga cans next to the rear door of tbipir dwellings. 5o. Requiring Village residents to placd-., their garbags cans on tl� bazllcn�vard in oertain areas.. 4,, Falling to pick up garbage at the designated tim(4,�a Mr. JokLnson offered t1ne following c_,-Xplanatione for the cited irregularities-, 16- HO will pick up: at no additional charge all materials depositp.,d In the garbage wins. If the rubbish barrel is placed. adjaoent to the ga,:ftage can it will be emptied at no additional uhar& I but if it is plaosd in a different locality- or if he, is required *to make, a special trip to empt,)y additional -there is a4t.00, oharge.: 2,,,) The only are' g.. where he has asked Village re,,4idents to place thoir garbAge canna on the boulevard is on Stillwater Avenue and this is b9oause it is a very h9avily travelled road and it is vneafe to back out of driveways with 9. track onto such a, roadway o. 30. Re is not requiring individuals to place their garbage, oars i—=adiataly m.A-xt to the rear door of their dwellings but is requesting that they be pla-t,,?(.A a reasonable distanasi from the rear of 11-hke,,, house. 4o Tibers have 'been n timies wh6-n lie has missed pick:Lne, up garbage, at the designatod 't.*LTin but be, has always picked_ it up :immediatoly afterwards following a complaint from the cuatonje�Tm Mro also stated a problem In finding ad&resses, within Ahe Village in that many, dNr-.i�Un99 do not have the oorreot ad.d.ress on, them or -th',,,ay have rto vioible address showing. 5. Job-neon also stated i_hat, rva'ty vi, IL'1age -residents were :not LT'Z the regulation • garbage c&us as stated in Ordinancxi Nc,- 49- Ma W of them are iincovered. wash_! and slmdldar The Deppaty Health Officarr was J-1instrakc-tee to contact Xr. Joh-nison in regard 111"o workiiW ut.,J'on to pzT,��,bleims esented by him aind p os s iGo' !,:-:, a &I oa;i'perid. to -1he. Co-an,,il azgv z,--c-, ,l (N angos to the Ga: bag� ai-& Rt,,,Utish 1-1auling Ordina.rn,,,ce B,--.rger momd, Tniat(�,a, So.'tiv eak,= condc,;dd that Trustee, Ha cek I ' e. authorized 4 i .4- 11. prog a l&I o-mTr t ad-mll-iis rat i a e,, i_fooe!�e C � �)r. din e No. L Ax?-. Ozd-.;.,rharnce. Relat±ng To Stre6t Add ie�sses Amd Tei:q Ntimbering Of P lic .1 nd Within The 7111aoiii� Of M-a�nlsvo . 0 01 - _)0 P.M. UXEI,100D DRIVE 1VfPR0111_F'�V,1`NT BEAR71 t, 1 0 P,irs-,,ant "to dia-s c-all and posted an-d ptiblished notice thereof, Mayor 01ye'ned. the hearl,)ng to cansider the mak1ng of an. improvement oyn La-krewood, pd °; Ripley Avenue. to Holloway Avenue by gradlyng and gxavel base cons c t on at, 8000 P,,M,, Nx,, Tisnneyq 568 Lincolnq Stt. Paz_]L, (Of' be:.tw eel i. hipley Ave:nae and Holloway ask d. what lota 1,:he frcri.-tt.; 7Lakewo,nx1Dr-vr would be the, improvement. Consial,tLng st,"'ree" wou.1d, b-, apjjnoximatel�y $3,00 - $4. 0 11 �zriitnsrq Eng:' f'ror"t, fo dL Vera 9 e4ated that V,,, . . r_� ]ftyc,r� then asked if the'r-'a vje�:_nz� a icj-c�s to the -1 p .-t. Hea _*Z19 Bergex� Latrodij-31ad. and mo,jed the adoptic),;�,�i- cf ths u0ni r,, (0,) WHEREAS, by Resole on Nc,,.. 59 - 10 - 1'!22-,' of the Vi"4112"Isge Covn_-1-11,1. ado, tt,R, 1O-th day of Gptobsrq jq.z1dq , 9 fixed a date for the Cc-,4in-I'l an lhe P.zrop_ c,ee,d J(.,,mpro�'emei';!.,t of La)?zevo,��-A. from Rllpley to by gx d, izing base to a Natittimn !ol AND W75EHEAS ten cJlaysu pabli,,v3hed notice of the 'hearing thr J -two weekly 9 10'UpIrl-11, pdblioaticiae of the required notice was given, and thte h,4 ax-ing was: U-j--reon. on the "I rd. day of December, 1"159, at which all person-a desiring 'to bs hea.zA were an opportanity -to 'be heard thereong NUd THEfiEFORE HE IT REISOUED BY TflF' ("OUGIL OF TH.:_P VILUGE GF- MIVELF,14009 M11QNF,S,,'fTA., Such is hereby as proposed in the Cawncll Re-en-11altion adopted. October 20 ,0 9 191 5 9. 20 1,aflner W. Carley & ils 1,1e.reby designated ,:is the eaigineer fc,7T- i-11I.�'s "'LmProvemem.A. He. shall prepare p-I&ns an.J specifications for t-, he, makLng c,f improveme-,,nt,, This pro jec�t s1hal'.1- be 'I"knomn. as M12-A-GRBA-12590 DAV7LD JONES 1E113; IMAHYKNO&L -�'CJUEST TO DELAY IN CONNECTING °1'10 THE SEWER SYSIsM-o Mx. Jones raq,,aested pexmission r,,,f the Co c -1 -1, 'Ito delay -Ij,!i i,L,.c,),.,:n,.,�,,,'f.-.-tiia.g to the sanitary .a sewe.r system becau.se of persar, 1 fina--acial It, was to Mr., Jones ,imi -� n a lo s FI.wbirg Cdd(, - �0 to "be -omrija-ecluled to soid withim. oae ye,,ax aft(r:,'r It -_'Ls mad e a'T- usLlaablll,�t, to the dwe.1'11..ing,and that, the 1-",S 'Inot in a POs, -"A,Ioyi 140 u'L'_0.a.te 90, h e-,: r, e f r e a"equ#,>ee"t was BTJTT*D"TT'*' 'DTFVMQTOR - VM111,SN .auk Thspector Londin st)at(--?,d tl--L&I, h,,-,, head. �rece,nitly f0uni'...rded a of Ay A�,,-S a"s a. rcsult- of 'this meet-,"Lng, he to the !,ja the, Twlln Ci tl i the BizIlId'ing Code 1:!e 'to ino.Iuide t.Ie PXTWISIM, In the drilling of wa`].s- 4! """d W81,19 shoiai]�! "be. and camxld., V--�,Ila t1lat are dx,,i'lled thr-ou,,s_Yh. sh(.nx1_,! havel. thiiiz: ue-s-ings (".;(,�,elted wi-111 an CL, VAIror refer7va'd this rtatter -to the Bu.-IF d" g, li��.,Lspeetor and Attori`tey wit1t) I In raw -the proper, ordina-r,,oe WhJ.,h wuu.ld the irecor.miendations ,nstx,un,j.ons 'to d of Uttl.Ell Btzilding Inapsotor. T:n�o 010,lvfara arriveid �.i-t thi's' P 83C STIMBIP VACATION - KITEMP C lo VI MR p I A Msslyo.,-e ope,,wd the 8 o 30 P.M. hearitig 'to consid-er ithe vacating of that pa of Kkzeffiner Place lying betwee.,ja Lcts 8 & I,Q), Forrest Heights, Ss- �otion 17, Town, 29, Range, 21 , He then as"Wed IT their wers. az7 6bjp-ct.-1a.,ona -to the proposed va-,�,,atioxi. Haaring Tnumn(sq Truates Berger introduced and moTed the adoption of the, f 02,27", sclu tior,13 'the owners of more, that 5Q/o of the, prol 1.1 f, I WIMR&AS 9 )erty abut ing on Plaoa lying between I-c-'s 8 & 99 Fox° ,rest He-if ',!' 1 1 r 0 e�,tq Additiong slc-,ntion 17 a"YpA Tcnrn 29, Ran p 22 have filed. a petit Ion for the, vacation of isa'!d Streetv ADX eta �Jft� co� WI�ERE,AS , the. hearing on said pe tition -uas preceded by two we-,� k p 1i - hed and posted notice, and t,,TMNCEAS,,no one has ap- rA I. ,,are,d. ' a z�. k,.,�pposltion to said pet`tI.o_-,a, arad IW&I,,'RF,AS9 it appears for the best interest of the pablic that said street be vacatl.ed, NnW THEREFORE, BE IT RESOLIVEM By the Village Couricil of' Maplewood, Minn- esota that Xuaffna:r lace hying between Lots 8 & .99 Forrest Heights Addition, Sect-Lo,'11 I 7jq Towx-,. 29, Range 22 be and the eame Is hereby vacated. Trustee OvMara secondedo Ayc:�,,s - all MCICNIGHT ROAD - CARVER AVENUE TO TMINK HIGHWAY #12.1: Trustee Barg� -,,:r intro'duoad and moved. thb.:., adoption of the fol'A'LowlDugf 1-101-so'lutiong W1W,Rr3AS9 the CoTmmty Board of the County— of Ramsey did adapt a on No�minber 209 19599 lon.,oatingg establishing and. deli. ,,ati as Co,t.zn:ty State Aid Highway, No. 689 McKnight Road begiyming at Cq,-r7,e,,-r Avenue Air43) situate at the city 'I:Ur tit s of St. Paul and. the 1"illage limit a of the N. W.-I. o'. at or near the S.W. conner of the N.W.-4 4 of Section ,4, , r, NF. 9 R. 22 W t�,--Ince nozrth all.o),ng cr rn�e&r the west lin a of Se oticmA ., ". 9 T, ? � , 611-1 2,1.9 1 9 1 'Z,: and I clf.' T. '2,6 N. p R. 22 W. . and north a long o:r neazr the .Irvta. � t, of SeCtiM 36, T. 29:N,,9 R.. 22 W.9 &,,00 fee u molx:, or less - t o - t- h, e tenminati g of Trunk Highw&;�r 12 wnd 11,,here n . NOA-49 T11EREFOBEq BE IT RESOLVED By the Village Caianc,-11611 of the V.111.agp (c fap`�_ vooift -that the resolution adopted by the Ccu,,nty Board., a copy of whIch 11ft'n-rel"Do and made a part hereof, locat-12rig and 8-8-tablishing Corlarity S H-410iway No. 68 on the line of the Village limits of the Village, of is I'Ln all. things appro-une'd. M,-ryoxn- Laebben seconded. Ayes - all omi_iuNcE No. s6-0 Tri_stse 09MIara introduced axid moved the adloption of -the following (,)rdihqnate-. ORDINANCE PT)11BER. 88 AN ORDINANCE AMENDING ORDINANCE NO. 599 ENTITLED, "AN ORD- INANCE REGULATING THE, OPERATION OF THE MUNICIPAL SANITARY S&B..R SYSTEM; 1EQUIRING CONIECTIONS, TO BE MADE TO TEE MUNI- CIPAL SANITARY SEWER SYSTEM; ESTABLISHING REGULATIONS, AS TO 'ITYEES AND KINDS OF WASTES THAT MAY BE DISPOSED OF BY THE USE OF THE MUNICIPAL SANITARY SEWER SYSTEM; PROHIBITING THE D1,1T_ 0 , OF SURFACE WATERS INTO TEE MGNICIPAL ,ffikRGE OF ANY TYPE OR KIND SANITARY SEWER SYSTEM AND PRESCRIBING• RATES AND CHARGES FOR DISPOSAL SERVICES. fr, , I r C. G gD, S I "T, -,*, d co r i,, d e d Ayes - all stated that the V-121.1,an,� will have to spe-,nd some money. for drilling in the area proposed for sewer construction. dir-'ring 1960,,.. Trustea Berger moved., Trastee Hajicak asconded that Trustee O'Mara be priven to nea ;otiate with the offlnislq, of woodlrury Tnvnnhip sir,4 Wkmdl�-,,Tr School District i-n regard to req. uests made by said gove=.mental, units to nonnisalti- c_,-,rtaLa areas and facilities -to the Maplewood Sanitary Sewer System. Ayes - all '!-T,1LLN3 DEVELOPMENT - REFUNIT) OF PLATTING PEE -. V1'111a,ga 1311:v-et",`,arer Olson stated that he, is atill holding a: check in the amount of $5/41,00, which in a, platting fee deposited by the Vlstzr°o Corporation for the proposed pla-tIlting of a. development to be lmo-vm as Hazelwood Hills. This proposed platting was denied by the Cozzicil at the Febluary 2-9 1959 meeting. Hr. 0.3.s,C)n cq-t,�,ted that he has tried senr,eral tilmes to refand this mon,,ey blat has be mave.A ha 1,.P IL Aw ikfI rjI c, , F t VI" at Ih6,11,r ovzn 0,%X, ,,ZI,,2, Pik ;t A.J� "he, V4 Ayes - all TN'SC)" "I"TON APPIROTIDN(G OF ST. PAUL COUNCIL - WHIRLPOOL. CORPORATTOAN- B c)J thia, f o J".x1g, WHEREAS, a tent at-I = . -prc,:II,,0I-,r(--.-,d by the B,:iLa-I,-,J of wate,r col" M71ifesIoliers o.3e tbe, Ci-ty sib fir. 511, TFa,L:t,q I'll') Corporat-,Lon, "'a1 Stoo Pau,19 Fi,r,-,.d 'the Villa &; Of U", of i" .1-2--pocc)" Corp,canatJ,Lor, and the Vil.*Ieige- of to ez-t no -to the Bo a,rrl a main to o.J." wwter -tg the Bc)a7ri to the Whi_,rlpool Co-_rporation.a.,)^d to o,f the T'LL-lage- of Maplewocd AJx temno and provILSILO.'ns ClAf the a,, aa oopy of wh--'.,,,,h. -is ha.--re.,to at-tac�hsd and made a Part hereof 'by --reArerce,, ar,-A, WBEREAS, the Cj4-y- of S,t', P,%U1 -h Y c .y resojII..-,,vt-,in-.a adopted. 'by t s C 6, on, N'cve:dbe,-.r 24,, 195,19, said bi�,:,ILD.g Cou-co.-LI Noo. 194'�` 3 1 aind apjp.rc�,ul:ag said ag.reemex-tt, -IWheref`or,_39 'b-ci RESOLWD9 Tbnt flie o- �,,Tood Pm h r Irk, - d, -Ir , �, 1 , i L — _�. 1, b 1 G,.1.41 , t Y or:, z, d movi d,-', rec-ted e'tAe-r smiid agr( e4ame"il-A, - bah"alf of VJI_Iags� of TKh,-n]'.,e. wood, a-_,c,,A furthr:.,�r, tha-15- -the Village Map"' "e-wood apP"11.10N,7fg, t-1h res)"Lution No. (IN'tY Crcf f C .� f S t n ty o) O b", pm.' c,,u �,v 249 Tiq'�',% 'J,he V.I,,],, ag,.�. C*.' e,,-,,k of R-tiul 7" 9 �iti dl. � j B "jeUD " .1 e� Y Lo the ol St. Paul, a cartified oopy of th'is JIvia-yo-1.- seconudeift,, Ayem,s IN`C_'fNI CONSERVATT.ON LAn.,9-. requ,ested that thle, resol-oution. rpques,t�ed by the, Courity- -'to &,,claro tax oxrf�,.--�it,_-d as Nairi Com.eervation Larids be defx :zrre,,a -un,'Ai'll, At Ar"'ad"'., if of c.-an. be by tlm V,11,171age, 2 do'I'L �( C 0 CORRECTION OF ASSESSMENT' ROLL FOR SANITARY SE19,PR ]EMPROVETEINIT 1110. TI,) 'ne PC, amerit Roll, o Asses 1h IN,((). I Will, be�k�,cwaxu P-) OJI-, rt*.i,(,II6,IV0, f,4."",-L ,�.",",, ,S,-')�(,.�,,,,,,�-�, , � - o, P,3: r i; Y b",x, Lrtx�r t. Est` M,- t"'O 0 1T Kr , ."ga, 110"S ted by the Co S I 1 0 ff I rA 'I it t C, if azn 'tv A rfte -i'll", t (7,,.: r of yapjm�_t ,,a _. a e xx, P 'I xi, -1, v!, g IPH PLAN COVERAGE be mave.A ha 1,.P IL Aw ikfI rjI c, , F t VI" at Ih6,11,r ovzn 0,%X, ,,ZI,,2, Pik ;t A.J� "he, V4 Ayes - all TN'SC)" "I"TON APPIROTIDN(G OF ST. PAUL COUNCIL - WHIRLPOOL. CORPORATTOAN- B c)J thia, f o J".x1g, WHEREAS, a tent at-I = . -prc,:II,,0I-,r(--.-,d by the B,:iLa-I,-,J of wate,r col" M71ifesIoliers o.3e tbe, Ci-ty sib fir. 511, TFa,L:t,q I'll') Corporat-,Lon, "'a1 Stoo Pau,19 Fi,r,-,.d 'the Villa &; Of U", of i" .1-2--pocc)" Corp,canatJ,Lor, and the Vil.*Ieige- of to ez-t no -to the Bo a,rrl a main to o.J." wwter -tg the Bc)a7ri to the Whi_,rlpool Co-_rporation.a.,)^d to o,f the T'LL-lage- of Maplewocd AJx temno and provILSILO.'ns ClAf the a,, aa oopy of wh--'.,,,,h. -is ha.--re.,to at-tac�hsd and made a Part hereof 'by --reArerce,, ar,-A, WBEREAS, the Cj4-y- of S,t', P,%U1 -h Y c .y resojII..-,,vt-,in-.a adopted. 'by t s C 6, on, N'cve:dbe,-.r 24,, 195,19, said bi�,:,ILD.g Cou-co.-LI Noo. 194'�` 3 1 aind apjp.rc�,ul:ag said ag.reemex-tt, -IWheref`or,_39 'b-ci RESOLWD9 Tbnt flie o- �,,Tood Pm h r Irk, - d, -Ir , �, 1 , i L — _�. 1, b 1 G,.1.41 , t Y or:, z, d movi d,-', rec-ted e'tAe-r smiid agr( e4ame"il-A, - bah"alf of VJI_Iags� of TKh,-n]'.,e. wood, a-_,c,,A furthr:.,�r, tha-15- -the Village Map"' "e-wood apP"11.10N,7fg, t-1h res)"Lution No. (IN'tY Crcf f C .� f S t n ty o) O b", pm.' c,,u �,v 249 Tiq'�',% 'J,he V.I,,],, ag,.�. C*.' e,,-,,k of R-tiul 7" 9 �iti dl. � j B "jeUD " .1 e� Y Lo the ol St. Paul, a cartified oopy of th'is JIvia-yo-1.- seconudeift,, Ayem,s IN`C_'fNI CONSERVATT.ON LAn.,9-. requ,ested that thle, resol-oution. rpques,t�ed by the, Courity- -'to &,,claro tax oxrf�,.--�it,_-d as Nairi Com.eervation Larids be defx :zrre,,a -un,'Ai'll, At Ar"'ad"'., if of c.-an. be by tlm V,11,171age, 2 do'I'L �( C 0 CORRECTION OF ASSESSMENT' ROLL FOR SANITARY SE19,PR ]EMPROVETEINIT 1110. TI,) 'ne PC, amerit Roll, o Asses 1h IN,((). I Will, be�k�,cwaxu P-) OJI-, rt*.i,(,II6,IV0, f,4."",-L ,�.",",, ,S,-')�(,.�,,,,,,�-�, , � - o, P,3: r i; Y ..121 as se.. �_QT' th:'k_s -md mzveld II r' 01 (j" irk -_ ' - "- 'I — . f` - � +a'. '.k;L. f RS 9 0 e- t Y, C' 2 lk "I _-La' 41 - f 4 f Or the c"C,-ru�;4." we ray^ I A c", ' ma e, L. he; -1 t5 N1 ",�,"U'yf:". AND 1JEEREAS', dt r""A e�, re d,--,, a o r.ib e d . a c c o:rr,')- i :ng tc, th, ?,,, t -".h,"�'d "I'L. -.Ls t s a d -11 s a paxt K OW TIE 1:EF0PE,'q BE IT 'BY TEE] V -1 i G,'1E 01" PIUMITIR'S (Yj"A th,,�,,t the, a's B es S.".Ylen�t""3 Ec".'r �'k-ri"AlitFiXT '4L 7.`4o I a ". A- meat iored c o "J. '.v ir the 0"' ('A'YRZ1018� Pc,- c n' .'21. aztc'." F's _It" the tim 1:!_st .'ulade� a paxt her,,)i::.z and ,noved tj-;,,p of t1he 5,9 -- 12: - 13'-111 fi.�'res -, 8'.12 1141 B"I'MAS N o' 9 - "Q) flr'iel v-L"llaT C; C', il . of Map]-ewcood, Mi,rilfllesota "'5sptc . ;1p e special aas(:_r.-ssm_,e.ts for eMflb"b"? 39 1959" th the, of Sanit."-a.:- No,, I we--ce li-,,vied atta,".11h,ed -_1,,.-1Dst des cr-.-Lb�..-;d. saJ,,.d. ]1.1,.st Eqad.e a pa--t AND WHEMAS, the. asses -_nts a�gni.-_Lnst the above ment-ion.eA ax,e In er-1,�-_zg INOU TIEREFORR, BE IT 10-10I.NED BY THE VILIACRE, COTMCIL OF MAKE-WOOLI)v I M_TWff,,'S0TA9 that the assessmente. fca S-sliu.tary Sewer Da-prco-v-ement No. I reAmi nst f a,. Q h;e.re'to c.,re ment-Joned be correc".1-y. to th.,e of, Ls the tamctucats c2ct� th aJ��,r�,Yad)-nd I'lis-,k"; said, If"'s-'C' a S61-miid stecm�md.c��Ao Ayee - all D�BTJRASCE FOR VILLAGE EMPLULEES- Tznas-tea, So'bmid reported that he has been invest1gatimer the differen't possibilities for a $19000.00 life insurance pa"l-Joy for Village Employees mmd will report at v a later dp.'te to the Council irk regrurd, 1-,o different p Lanni ,, s v_r1,,LAGE" ENGINEER -- SERVICE C0NYP,(.;TIn_m) nN CnTTNTY POAD 3 AD11) GE13141AP1,1-a Villagr, ExLg'-1,.T),eer Nelemn, nmport�PA -the semrvice conr.eclu-iora bet wert-m Hazelwood na Go-nnain Street wexe -11,ot ii s'lall(F.A and that the abutt-,A-,,,,,,-,-' property W(,-2��ra assessed for the 1-111-istallation of said ae:znrice oonneot `!-ons n previonl,s instances where this has the Villin.ge. 1, 'R a led the se-r\v-.1,1ce j� qS _j, t I connect-;'i.anrn at a cost of' $2-40 i)ar foot. Th rna imuch Uh-, ' :� a %, , ow ,A dl: thlls Cost, Will be $2.9,,(--; footV, �nd the Eiagirn.,,er reques-bed 'to ha�,;,e connections --U,-xa,tA-1,1,Lad 'the. $2.90 jer foot coa-t. Thte Enginteer was� au,tho7'riU.-zed "to h-so�,,e the,- sexn,, 11 at the $2.90Y px-ixr foot EIECTION JUDGES.- T:nxa,tee ScObmid moved the anA remo�ml of thre following election j'd p_ s AMoinL,- t,.d -0 irens- Haidpy-v Ruth Kosoielak Pat PUvyor Luebben seconded. RECREATION PROPERTY-, Remo%,al -, 17, Bell lrenas, AzAlerso-ns, Ayes - all. Trustee OgMara moved that the Villa pe of Maplewood ac1cept the offer of PhilliT�-- ville Trailer Court ' and Mra to donate to the. Village of Map; - wood the North 5501 of the Phillipville Tra-iler Court property and Cats t,293 & 4 of Block T, Peters Addition respectively for recreation purposes. Trustee Berger seconded. Aye a - a].. 1 HIGIRiAY NO.J�, - PRELIMINARY PLANS -: The Village Clerk- stated he had received from the State Highway Department preliminary plans for the construction of State Highway No,, 36 between Ries Stn�'et and State Highway No,, 61( Maplewood Drixe,). These plane were referred 'to thy., Cone,,;,,21,ting Street EnTin er repo mmendat ion and. report. SKATING RINK-, Trustee Schmid stated that various residents in the vicinity of Burke & Chamber, Streets requested that a skating rink, be constructed in their areao Building Inspector Londin stated the pos'a:'�bilitip a skating r;,,jj, M e> ,,-k cc) - Lot 59 Block 49 Hills and Dales Addition, The Building Lnepactor was instnicted to contact ,the owner of the above me-,ationed lot with the intent of requesting perffilosion for the construction of a skating rink on said Lot. Meeting adjourned 'at 11,950 PMo James R, Pietilaq Clerk DECEMBER I The regular meeting of the Maplewood Village Couincill was called -to order at 7000 P*M, by for Luebben. Other members of the Cou-,zi,cil present Tntstees, Berger, O'Mara azid Schraid. Absents Tres tee Hai "," 1.0 ek. Tzustee Sal id movedo Trustee Berger seconded -that the Do(oamber 39 1`959 meeting minatets be approved as stibmitted. Ayes - all ELIJER Co STANKY 2-W E. COUNTY ROAD' C .. OFFER FOR SANITARY LAND FILL :LIIEA We Stanky offered the Village a plot of land to be used for a sanitary land fil-1 area. He stated that he wished to retain ownership :Lu the land brat if the Village was to use the area as suggested it wound be for its mair4,11-oenanae and ojxiration. Mayor Luebben moved, Trustee Schmid seconded that the offe:r: of Mr. Stanky be takan under consideration and that this matt-er be raferred to the. Ezig`11,1'aear for m.Acormmendatiori and report, Aye s -- al I ID1RY J. FA0KLA.Mjj'jj,. hABORE ROAD - RUBBISH COLLECT ION s Mr,, ftoklam stated that he has received several calls from Vil:lage residbnts asking him to pick up their riibbish. He stated he would like to obta irk a rulabish ha.,ale:�a lioense in the Village but he thought the req:, 1,rament of a $1!,000,,00, bond was prohibitive, It was explained to Mr. Facklam that Village Ordinance requ:!,.res the $1.9000,,00 1,10n.d. and that the Council is not in a. position to make exceptionz to its ovn Ordinances. Trustee Berger moved, Trustee O'Mara:sec - onded that this matter 'be referred to Trustee Schmid for recommendation and reporto Ayes - all JOHN Me'NUL17 - C 1 ' '1 DE1U4jNSE0o -&,. McNulty stated that his -ore liminary estimates for the Installation of air-raid warning sirens were too low, and that present costs are estlLmated to be in ex0ess of $19000.00'. He. also brought up a problem in regard to -the locating of a siren at the Gladstone School, j Mayor Luebben directed Mr. McNulty to work through Trustee lla,�iaek In regard to thA additional oosts for installing the sirens and suggested that a formal letter be wr"itten t3he No:Ah St. Paul - Maplewood School District request:11ng cooperation in the installation of the warning devices, miss P3P1UTL__ 0 IDE'- REgUEST TO DELAY SEWER CONNECTION: Miss Merritt requested the Counoil to allow her to delky in otonnecting to the Sanitary Sewer System trntil next spring because of difficul ties encountered in contract.1xig the work to be doin.9 before Januaz7 19 11960, It was explained to Miss Merm.,,,itt that the Council is not in a position to make exceptiosas to its Ordinaxices but if she could present to the Plumbing Iruspeiotor a signed contract stating the sewer will be installed within a reasonable time after the 11 s this peri,od of delay would be grzanted. DONALD LIDEE)Nn 1.8,22 NORTH HOWARD - _N,1QUEST TO DELAY SEWER CONNECTION-0 Mr. Lideen requested the Cvaancil9s permission to de]-ay in to the Sanitary Sewer System because of difficulties ht-, has e:,,ricountare.d. ian contracting the work so it would be done before the January, 19 t196,10. it was explained to Mr. Lideen that if he presented a signed contract to the P11=1bilmig Inspector stating the connection would be made within a reasonable time after the 11st the delay would be granted* Cy pFDERSENs, 1:203 PARKWAY DRIVE - REqUEST FOR A,jjQTLQR LICENSE.- Mr. Pedersen asked the Council what action has been taken in mega-z"d to issuing Of Off & On Sale Liquor Licensea. It was explail,ned to Mr. Pedersen that the Council is now studying other Ordinances in regaid to the procedures that will be adopted by the Village of Maplewood. It was also explaiinpd to Mr. pe(ierssri that the Council I-Las waited until this time to bELOin it,? c_?,tuj y of thp, and re- quIrements for obtaining said licenses because i was S tat e d that t bis Co uno I liquor shserits until would take no action in regard to the liloansing of l' o establi % & h e a. petition, was placed on the ballot of a Villages Election and t , pleasare of the voters was., determined. MRS. HENRY KNUTS ONE 1ja RIPLEY =_RF TTTI-,'F')T TO 1"LE.1,AY9,F,'AF`,R CONNECT ION s. Mrs,, Krjutson requested the Council's permission to delay i- corm it:ing to the L.L - Sanitary Sewer System. It was explaimLed to Mrs. Yarullson that the Council is not in a position to grant, exceptions to 11s Ordiriances.. and that when a dwelling abut is a sanitary sewer system it must be connected to that system withtn ccnie- year after It is made available. This is a requi-nsrae-2nt of both. Village Ordinance and the Minnesota Plumbing Code.. TRUNK HIGHWAY NP. L FE-. __ Consulting Enginearg Ljungrenq stated that he has revil(.4.;w, d the pllans for Troxik Highway No. 35E and foulv,,.d them acceptable. jilri v1 'ort Trustee Berger w of this re Le P introdu&,o-ed and moved the adoption of thp following resolution-0 59 - 12 - 136 WHEiRFRAS, the Commissioner of Highways has prepared planseq special provisions and specifications for the improvement of a part of Trank Highway No. 390 re- numbered as Trunk Highway Number 35E within the corporate limits of the Village of Maplewood from 5301 North of Larpenteur Ave. to 240" North of County Road A2-, and WBEREAS9 said plans and special provisions are on file in the office of the Department of Highways Sa:1171t. Paul. Minnesota q being marked Islip l ed, and iden d tifie as s, 62-53 (35E =390" p. g and' 0 ,80 WIEREAS 9 said specifications are on file in t h,�, office of the Department of Highwayeg SSaW,,; Paul,, Minnesotaq being markedv 18,beled9 and identified as s,p. 6280-53 (35E-390), whichg together with the Mi'raissota Department of High- ways Specifications fbr Highway Constructiong dated May 19 119599 on file in the office of the Commissioner of Highways9 const:16-1bute the, specifications for said improvement of Trunk Highway Number 390 ranumbered as Trunk Highway 35E-, and WHEREAS9 copied of said plans and special provisions as so markedv labeled and identified are also on file in the offiae of the Village Clerk; all WHEREAS., the tern 119-aild plans and special provisional' as heraiia,-af ter used in the body of this resolution shall be deemed and isatsyOltdto mean, refer to, and incorporate the plans and special provisions in the -xaoitala part. icularly identified and described. NOW9 TBEN9 BE IT RIESOLIAM that said plans and special provisions for the improvement of Trunk Highway Number 390 renumbered as Trunk Highway Number 35E within the limits of the Village, of Maplewood be and hereby are app.roved,, BE IT FURTHER RESOLVED that the elevations and grades as shown In said, plans,, and special provisions be and they are hex�eby approvt-:-!d and cansa,.it is herey gimn to any and all changes -in gyn&s by the of said Trunk Highway Namwber 390- renumbered as T-rizakk Highway Nizraber 35D in accord- ance with said plans and special provisions. Mayor Luebben seconded. AYE- s - a 11 Tra-stee Berger Introduced and mowed the adop'Zion of the following resolution-0 5 9 - 12 - 13 7-, WHEREAS, the Village of Maplewood has approved the plans and spec ificat;.41.ons for the improvement of that part of Trttrdc. Highway Yjmriber 390 renumbered ass Trunk Highway Number 35E withlax- the corporate Limits of the V111age. of Maplewood. 41'rom 5301 North of Larpenteur Avenue to 2401 Forth of Camnty Road A2- 0 wnied WHEREAS-, in order to obtain Federal aid in the cons truotion of said TrLaik Highway Number 390 renumbered as Tnmk Highway Number 35E -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 390 ren=bered as Trunk. Highway Number 35K within the o.orporate of the said Village of Maplewood. NOW, THEN9 BE IT RESOLVED that said Village of Maplewood does hereby agree and covenant that it will never permit or suffer, within its co-Porate limits, any encroachment of any kind whatsoever, including cna:.rlb gas pa'mps and' gas stations, billboards or other stractures of any k.,11.-z.d whatsoever, upon the right of way of Trunk Highway Num-ber 390 renumbered as Trunk Highway Number 35E' and -to the above end said Village of Maplewood hereby agrees that it will never issue any license, permit, or grant or give any leave or liberty or any other oonsent of whatever form for the construction or mallitenance of any encroaahzn-lent whatso- everg including curb gas pumps and gas stations, billboards or other stluctures: of any kind whatsoeverg upon said right of way; a-nd that said Village of Maple- wood will cooperate insofar as possible to eliminate existing encroachments CWnStit-1.1tirlLg 'traffic hazards and will further take a2-'.,Y aecesswj action to el- iminate any encroachment that may hereafter exist on said trank higilway z1ght of way. Mayor Luebben seconded,, -Ayes - &.131. BUILDING INSPECTOR - SEWER CONNECTIONS - M _MUIEO�VARD_t I P LE �LAVF NLTB ARFA: Bu'-Ilding In, per T,0jr �Ldin stated that he ha3 T'ecee±,,�� d, requc��,,Sts frayrn r; � s i d e n t- s 11 na 1.-Ihe Hci-ard al, & P-iPley A7,re�nzze, ar-ea request-j.ng that the reqi.)d,:rerje__jt to 00-n-1150-t to the sanit �ary sewer System iLl t" - ir- area be waive,,d because of zttzrs hfgbc,�Yay t`o -whic E- -L n)i h will necessi-1.-Oata he, destlt'otion of their homes. Building 1111als-T-60tor Lond,"�Ln was dii,6.�voted to inform "the in 'the Howard & Ripley Avenue Area, that9, fx"om reports recPi.-�red from the Minnesota !IJ-ghway Department the coxistrakctjoz�_ of the new highway will not bagL�r,, &Or yeazs; that the Hig1tway Dil"'Partzz�nt has stated they wi,,I.l rjompex�,Sa-te for Improvements to property whES211 condemnations Proceedings are began, and, 1 , `;-tcause of the 'Thtealth problem Presenteld :ff'rom the opeTratl.o.Tj of individual sanitary d4sposal systems the 1'e ,s. asidents irl thi's area,. will be required to cn�)nj7j_c,�t to"' be S ink ac,,,�ordanoss with Vill,.agn t anitary Sewer System .4 p, Ordillance. BUILD-TWI, INS Wt'_qTOR - BOILER AT ED%�],RTON SC1100140 0 d_- lnsppctcz° stated he-,, had recej ed th - �11:)w '��z 1(_� 4. Gas. Zvjs po- 10 the Village Ri(Ilar-d Skulrozewskil 0- Dear Mr. Londi:r1g, On December 89th I irLspeoted the boi7lar a t E.d, ,rmine the cause of the damage and boj�lrv�q I tried 'to dete 9011-tani Soh�c,)o" o Af 171specting the Ige foti-,--id that a definite answer as to why the boiler failed cannot be reac]hed. After my L-rispection, I Came up with two p:-�O'bable, c auses - an elerjltrical failure r. The e xa (,, t cause or. the part of the low 'water C%It-off and a 'leak a 1.1.he bo� w8 will learn at a later date when the ba-ill `5er w7,,,I.jl- be torn down and wa il2speolt-ion made of a',12 partga,., The f-811�axa was not due to negligence on anyonxe,�Is part,, The boiler had bee,-,a inspected by the operating Engineer on duty at all times, It also had been, inspected by Mr,, Allan Fabiazip Supervisor of Maintenanceg Roveville Schools,, MY, Fabian assures us that after the will be made and all equipment boiler is inspectedg the necessary repairs: will be tested and put back in operating condition lre-ry truly you,:rsg I WALTER KOEHNEN 1`7415 EDGERTON - Richard. 'Skorczewski, Ga,,z; Inspector GARAGE PERMIT: Builda',_ng 12IMPtotor Londi2l reported that L. Koehzr�en had applied for a Permi't to move a garagFz onto his property located at 1745 Edgerton,, 31, as xriu�?,,jh as 'this would be a second garage on the property Mr. Londin felt it best to ask the opinion. of the COuMcil before he approved or di 1'r _&&]?- 0,�r �v�dj - L instructed to view the 00ristruction of th�e _L the permit. He was to the Counc�il with his re C ommenda t ions,,. ga.ragR proposed to be moved and report WILLIAM PEPT.N_ Ar9, CENTURY AVENUE TIOLATION OF ZONING ORDINANCE,- ............... * .......... Mr. Pepin stated that he would appear. at Ithf, JanuarY 79 1060 me proposal as to wky%-t action E"tilt,9 with a definite wjj�j order to comp Zoning O.rdJIT1a�.ce.® _ take 2_21 ly wi%';h with the Village ORDINANCE HQ. .82g After discussion Trustee OuMara Introduced and moved the adoption of Ordinance No,, 89 ORDINANC LN O ,,_&o .2 AN ORDINANCE RELATING TO SANITARY SEWER CONNECTION WITH TBE. CITY OF ST, PAUL AND APPROVING ST. PAUL CITY ORDINANCE NO- 111530. AS AMENDED BY ST. PAUL ORDINANCE NO. AMENDING ST. PAUL CITY ORDINANCE NO. IT0619 AN ORDINANCE GRANTING PERMISSION AND AUTHORITY TO THE VILLAGE OF MAPLE- WOOD TO CONNECT PUBLIC SANITARY SEWER SYSTEM TO THE ST. PAUL SANITARY SEWER SYSTEM AND PROVIDING TERM TBEBEFOR. Trustee Schmid seoonded, 11 A. -,ee - all, Trastee Haji,t.,,-ek arr,�,Xed at this polx�. Ay ORDINANCE NO,, 90s After discussion T:nistee Schmid introduced and moved the adoption of Ordinance No, 90 ORDINANCE NO L._20 AN ORDINANCE PROVIDING FOR AND FIXING A LICENSE FEE TO BE PAID ';-'YA ."NY PERSON9 FIRM OR CORPORATTOW MATNTATNTNG GASOLINE OR ()TIER OIL TANKS AND PUMPS IN THE VILLAGE OF MAPLRWOOD� PROVIDING FOR THE EXPIRATION OF THE LICENSE AND PROHIBITING. THE INSTALLATIONS OPERATION OR MAINTENANCE OF GASOLINE DISPENSING DEVICES ON PUBLIC STREETS9 ALLEYS OR OTHER PUBLIC PROPERTY IN THE VILLAGE' OF XAPLFwooD. Trustee Berger seconded. all ,LA TI F C A .- IMPROVEMENT NO. 2a PROJECT NO,, Trustee OfMara movedg Trustee a he papient of $4-79810o13 to .� , second d t lam(a-tti & SORLS f-Or Pa:ftial Payment Certificate No- 4.9 Improvement No. 2:9 Project Noo 3 (Battle CreeQ Ayes a]L7. PARTIAL PAYMENT CERTIFICATE NO. 21 - 1TqPROVEWNT NO, 2. PROJRCT NO. 4.- Trustee OQMara movedg Trustee Schmid seconded the payment of $191,92-50 to Lametti & Sons for Partial Payment Certificate No. Z9 Improvement No. 29 Project No- 4. (Bea-ver Lake.) Ayes PARTIAL PAYMENT CERTIFICATE NO. 2' - IMPROVEMENT NO 2L P-QIIIICT NO..2,o- Trust,&,,s; ouMara moved q Treks tee n le, of $3 8,2.12 to 0 2, Improve- the Nodla--� Campa�,,,;v- f.o,-r Partld,al Payment C(_:,-,rtif,;ca,ta No rent No. 29 Pro je-lt- No. 2. Ayes - all PARTIAL PAY.tENT CERTIFICATE NO. 2, -, L7FT STATTON Na�=� Trust"se O'Mara moved, M-ayo-1- Of $490(0`3-20 to the, Cc3mpaz- , for Part21_al Payment Ccxr'U',i,ficatab No. 2.9 L-I'St Station Noo 6o Ayes - all MAINTENANCE OF COUNTY ROADS: Consul-t- r. De A2,i'k 9 o a.,J11, normal Ccanty 81,at,&d. thalt6 Ramsey C, C'u-2 L "r, 3, mallxiten-ance St)-_,�eets and R-, by s, -ff work 416a 'he vil-_1 is dcwna. RESIGNATION OF CIZ-RK,- Villaae C7..c-,%rkg James R. Pietila, re�ad th,-_� f0j,c)_(�j,,.,,rg le-t-ter, to 211 a nn - vazicing his resignation as. Villa&--, C-1-61"k. JIL r, 'D a The. �Honcratla of Map lc7�vro,039 M-D ',sot' Gentleme-li: It is with deep regret that at this time I e niq :nasig ation as the 31 1959- Vil.lage of Maplevwoodq M-'1nLr.,,9so'ta to be e 7 r as I am now Jr'a rthering rfly edunati(on at the a2ld firld -this deesir,6 on. my part wi.11 requU--ne, my i.ixidivided -attantion amjd effortg I feel it necessary to take the above, action. I would 1-"R-.e to st-ate that V assicatian with. the, Village, of Maplewood has 'been. most pleasar;.'t and rewarding, and that the 7,91adtively shozirt time I have associated with the folfffcials and people of 14aplewocod.' wi12. all.wwJs he remeeb,6rsd by me with a feeli-,.g of deep respect and admiration, Thazrik, yua, ve�7, iwu,, h for your help,, pa4V-ien,,-,e ar,'d gxxild,a°nce during the past eight months. V e, ry t I na 1 Y yo` a -,, -, -,, 9 James R,, Pietji7_Lq, Mayor Luebben moved that the resignation of James Pietila, be accepted with re- grets. Trustee Berger secanc-'ed. all PAIT VACATION - DE CET TER?L_ T,riastse Berger moved, seconded by Mayor Lu_ie-bben that Street and Sewer. Depart- J, 1 1059 Off as a pald vac,,Elt artpIp 17q�-�rn December 249 be 9- Aye's - all OFFIC'E pERSONVEL'o 3 secand-6d. by Mq--Ycr TrastsS hx r, j,,,j m o d ': 249 1959 ard, ay St 12-0 00 710011 Decembel pa' -V.aoq-,tiCj, ar be a ,T L,,j t1lat this Tanviazy 2 1959 Personnel. Ayes 11"Irle VLlaage Office be �, 1959 aand D E 0, 26, Off ce or the V4 1 1 D��f,48, i all 0 DAY GENERAL OBLIGATION the TrCBasu.-rier, be, &i.-ithorized ber 22919590 Tres teb f oz. the extending of the S2C o Ayes all IDEPUTY CLERK APP0I%'MVrI LIE ended -ithat J-W%6s PPO ':�t(d' m0%,.,6,jq May L r C per momIty-l" ue.,,bben q, , ` t a 0 D ia:ry ef" $4'5,,, I.-,!g 5 9 a ca xk-- effec-tIva bc-r De' 9,% Y Ay e, is - .APA--QrSWPWT HOUSE OLDINAECE. 'R of ad pt ir. ces. A t th,,',-, Vi'.1.71age ha wa tbat 21Z Mayor Luebbell repcz't(Sd ir rd to the le V- Ordixiiance a., CXrd.in 08 2,1,1 re.9a permitai wilI 106 issued foT mu.itiple dw-i"n"'la- is adopted. EIECTION RRISULTS-0 DEC MEER 8 2,95 Mayo. n Seconded the adoption of the follow ng Trustee Schmid mo�,,,,edq r Duebbe resolUtiOn0 59 - 12 - 138 ar ssing boaxd on Deoemb6T 99 19599 RESOIjVP4.,Dg That tbB acting WE% c?-, t)�p -,e De ember 89 hereby 08-rtip, following as of,ficlal results of tI II.es the 19510 RegLLj&r Vjyjage MAYOR 275 7 Forreatt; R. SC hmid I Tony PILSITre I oscar Nordg-reja 1 Milo Madsen 1 John Doe 1 R,, GarritY 4 Waldo Luebben 2 Herbert jjegworth 1 Ed 02Mara 1 H. Hokensan 2 Otto Denson I Byron Holm I Richard Barre, Gary Ivic, Ca-,r1sc)n G. W. Georgs Dah1ber, Harc!'Ld Ne,'Ison Ed Cs-uip'bell QLAa, 71, Ostergxrsn I S Earl. 3 wa"""'41 Ilonette 2 Carl 3 7L 2 Jolm V'i i;ko 14. jc',Yal' Gary Ivic, Ca-,r1sc)n G. W. Georgs Dah1ber, Harc!'Ld Ne,'Ison Ed Cs-uip'bell QLAa, 71, Ostergxrsn I S 2 Joseph 21jappal wa"""'41 Ilonette 2 R. W,, kline, l -- a"m Jolm V'i i;ko Gecrgtn; Carlton 5 Pat Baku :-,-y Chris Hans a�n Jolm Santa Heary Schlomka Pete Jensen F r (�-, d. Kminkie Don-,a,:-rbd Fred X13 iron Co E. Wanze"I&I TRUSTEE G6,x,ald, A. Berkg,-r 1375 Robert II. Andemcin. 2-133, flaxt))Id TRn,�i-FA I Joseph Za:� pa 2 Byron H© 7am 1 JUSTICE CYF T.'M,' PEA`.'P'E Raymond Wo Olc,ott 818 Fred Allen 796 McGlarme 341 David E. Betz,. 448 Rosom- Broim. - I Gonion Fox�b&s I Lloyd 11i'l la trcm Byron Ho'A)-% CONSTABLE 2151 Anthony J, M9riswI0 I Brano Lsrs On 4 S hermon H. Nordquis��t 1 A William Lunde"Ll I Cuit D-J`6%on Cjjax9l, q.1 Reed Al2 2 By jala E. -01m 21 Donald. Tu'.nquiet. I Ed Campbsll I Charles W,cld I G. Thomas Smeed I wj1.'.'La:r,d Volf-,rht I ja,mea Weish Donard KUUN�PM h a following Mayor Luebben "l-le adoption Of h Trustes) Scl='Id mov;edq resolution 59 - 12 ao,ting as O.A.,avassing board on Deai�tnbrtr 99 19599 RESoLVED9 That the CaLmLcillq f.ficial rasu,j,ts of the aeparate 'ballot hereby certifies 't'118 f01,10wing as:. _�`be 0 1 of the De,,r,%-ffibeT 89 1959 Regular Vi: lam goThis ballot is to destermiU-,q tO 340. 20, Mina,, Statut6sq 0. iTt0xj0at:�,,7 I,q i or not wheta Maplewood shall license the JLS f Ig the sale t1 ,r-eofj" FOR 1i3O*nS8 15 3 �6- AGAINST license 1091 Ayes - all 1, 1 JL11 YV A- Ift CH&NGE IN ASSE36FLIOT Au %J "m YvA After considerable discussion Trastee Bargex- introduced and moved the adoption of the following TesolutiOnS 59 -12 - 139 of WHEREAS',, puraBant to Resollution. No, 59 - 9 0"t of' the Village Council ,sota adopted September 39 1959 the Special aBSeBS- ,the Villags of Maplawoondq Minne point 20000 East of McKnight me the the :L,%pro°jrement of Conway Avenue from a levied against the attached lis-b Road by gTavel and gravel stabilized bass, w8r6 of properties; said list made a part hereing AND wBEREAS9 the above mentioned propqrties bane 'been oonveyed and are described according to the attached list� said list made a part hereing MINWSOTkj� NOW TEEBEFOR.Eq BE; IT RESOLVED BY THI-11 VIT,LA-GP, COUNCIL OF MAPIEW00D9 ImPrOvement frov,, a point 20001 East of that the assessments for the Conway Avenaia rties;be correctly certified McKnight Road against the heretofore men•Itioned -Pirop.90 I I �_ i .} �,� �,