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HomeMy WebLinkAbout19480426_REGULAR4/26/48 t 1 1 MINUTES OF THE JE GULAR MEETING OF TIM EDINA VILLAGE COUNCIL, GELD MONDAY, APRIL 26,.1948, at 8 :00 P.M. AT THB EDINA VILLAGE HALL. Menters present were Child, Willson, Palen, Hawthorne and Cooper. Minutes of the Regular Meeting of April 12, 1948, were read by Clerk, and, there ~` being no objection nor correction, stood approved as read. Pursuant to "Notice of Hearing on Petition to Rezone," published in Suburban Press, Hopkins, Minnesota, on April "16, 1948, and posted on Official. Bulletin Boards April 14, 1948, President called hearing on petition of Q.D. Hauschild, Inc. for the rezoning of the Sast.1/2 of the South 1/2 of Lot 49, Auditorts: Subdivision No. 17Z (5048 France Avenue). No one appeared.in objection of the project. Mr. Karl'Nauschil.d stated his firm would be agreeable to paying their `proportionate share for the upkeep of the Theatre Parking Lot providing Village makes agreement with 6uner for its use on a tental basis. Hawt #orne moved that petition be granted on condition that building to be erected is the one appearing on plan presented by Mr. Hauschild, and that Village Attorney be directed to prepare amendment to Zoning Ordinance. Motion seconded by Palen and carried. Attorney Vennum requested that Council continue Hearing on Outdoor ,Advertising Amendment until the next regular meeting. Regifest granted. Clerk read "Notice of Street Improvement Hearing" published April 2 and 9 in Suburban Press, Hopkins, Minnesota,; and, pursuant to this Notice, President called public hearing on petition for construction of curb and gutter on Market Street between France and Halifax Avenues. Engineer's estimated cost of construction, as read, was $2.16 per assessable foot. There were no written objections filed with Clerk, and no oral objections were made. Hawthorne offered the following Resolution and moved its adoption: RESOLUTION FOR IMPROVEMENT CONSTRUCTION OF CURB AND GUTTER MARKET STREET - FRANCE TO HALIFAX_ W, petition in writing requesting improvement of Market Street (then named W492 Street) between France and Halifax Avenues by construction -of curb and gutter therein has been duly filed with this Council dated September 23, 1946, signed by owners of more than $1% in frontage of the real property abutting on the above named street, and 11H mWAS, the Village Council has met at the time and place specified in a notice to ail property owners whose property is liable to be assessed for such improvement published in Suburban Press, Hopkins, Minnesota; on April Z and April 9, 1948; and has heard all persons interested, and determined the necessity for the improvement'petitioned for, now therefore BE IT RESOLVED by the Village Council of the Village of Edina as required by,Chapter 311, Laws of 1927, that the petition above described is hereby determined to have been signed by the required percentage of owners of property affecte& thereby, and ` SE IT FURTHER. RESOLVED, that Market Street be improved between France and Halifax Avenues by construction of standard. Village Curb and Gutter therein, and BE IT FURTMR RESOLVED, that said improvement be made in accordance with plans and specifications now on file with the Village Clerk for such Curb and Gutter. LL BE IT FURTHEE RESOLVED that the Clerk is directed to prepare and insert in the official paper and in the Construction Bulletin, Minneapolis, Minnesota, an advertisement for bids to be opened May lo, 1948, for the furnishing of the labor and materials required by said specifications. Motion for adoption of the Resolution was seconded by Willson,`and on Rollcal.l there were five ayes and no nays, as follows: Child, aye; Palen, aye; Willson, aye; Hawthorne, aye, and Cooper, aye; and the Resolution was adopted. ATTEST: President of the Village ouneil Vi lage Clerk 4/26/48 HE Affidavit of Publication for "Resolution Setting Street Improvement Hearings as published in Suburban Press, Hopkins, Minnesota, April 20 1948, was read by,Clerk; and pursuant to such Resolution, Proside�t called public hearing on proposed black — topping of Market Street between France and Halifax Avenues and of Halifax Airenue between Market and W, 50th Streets. Engineerts estimate of cost, as read., was $2.12 per assessable foot for Market Street; $1.92 per assessable foot for Halifax. Avenue. Mr. Erick Bjorkman inquired as to possible storm sewer construction, and was informed by President: Cooper that such constriction would not be necessary in these two streets4 whereupon Air. Bjorkman agreed to the blacktopping. 'President Cooper was informed that all "benefited" owners would be assessed, rather than owners of abutting properties only, There were no written objections filed with Clerk, and no oral objections were made. R*rthorne offered the following Resolution and moved its adoption& RESOLUTION FOR I1.2ROVE1=T BLACBTOPPING OF ITT ' STREET BEEMM FRANCE AND IMIFAX AVENUES, ,AID► OF ' FIFA& On= BETWEEN IUA = STREET AND W. BOTH STREET I"THMF.6S, pursuant to Resolution adopted by the Village Council on March 22, 1948, and published in Suburban Press, Hopkins, Minnesota, on April 2, 1948, the Village Council has met at the time and place specified therein and heard all persons interested with reference to proposed improvement of Market Street between France and Halifax Avenues, and of Halifax Avenue between Market Street and W. 50th.Street by Blaektopping, now therefore BE IT RESOLVED by the Village Council of this Village that the improvement described in said resolution shall be undertaken, the entire expense thereof to be paid in the first instance out of the Permanent - Improvement Revolving Fund. BE IT RESOLVED FURTHER that said improvement be made by contract to be let to the lowest responsible bidder, and the clerk is directed to prepare and publish advertise- ment for bids thereon to be opened May 101, 1948, which bids shall be based upon plans and specifications now on file with the clerk and which are hereby approved. K I- lotion for adoption of Resolution was seconded by Willson, and on Rollcall there were - five ayes and no nays, as follows: Child, aye; Palen, aye; Willson, aye; Hawthorne, aye; and Cooper, aye; and the Resolution was adopted. AT ! % President of the Village Coua 1 Village clerk Pursuant to "Resolution Setting Street Improvement Hearing - Grading and Graveling of gent Avenue" published in Suburban Press, Hopkins,1iinnesota;., April 1, 1948, copy of which was read by Clerk, President called public hearing on proposed grading and., graveling of Kent ,Avenue between State Highway No. 100 and Ifindsor Avenue. Engineerts estimate of cost, as read, was $.66 per assessable foot. No one appeared in objection to proposed improvement, and no,written objections were filed with Clerk_. Hawthorne offered the following Resolution and moved its adoptions RESOLUTiox FOR nenoV MT— GRADING AN1? GRAVELING OF K= AVMUE BETSUM STATE HIGMIAY NO. 100 AND . WINDSOR AVENUE WHEREAS, pursuant to Resolution adopted by the Village Council March 29, 1948, and published in Suburban Press, Hopkins, Minnesota on April 1, 1948, the Village Council has met at the time and place specified therein andsheard all persons interested with reference to proposed improvement of,Kent Avenue between State Highway No. 100 and Windsor Avenue by Grading and Graveling, now therefore, BE IT RESOLVED by the Edina Village Council that the improvement described in said Resolution shall be undertaken, the entire expense thereof to be paid in the first instance out of the Permanent Improvement Revolving fund.. BE IT FURTHR RESOLVED that the Street Commissioner is hereby authorized and directed to make said improvement in accordance with plans and specifications now on file with the clerk which are hereby approved.. R r Motion for adoption of Resolution: was seconded by Willson, and on Rollcall there were: five ayes and no nays, as follows$ Child, aye; Palen, aye; Willson, Hawthorne, aye; and Cooper, aye.; and th'e Resolution was adopted. ATTEST• t // President of the Village C cil Village Clerk r II71 LJ 4/26/48 2 In conformance with "Advertisement for Bids -Cash Register" published April 9 and 16 1948 in Suburban.Press, Hopkins -, Minnesota,,'Clerk opened and read, the following Cash Register bids: Ohmer Register Sales Co., Minneapolis One - 4- Total. Machine for On -Sale Operation $620,00 One - 2 -Total Machine for Off -Sale Operation $510.00 National Cash Register Company, Minneapolis One - Style 6084 (16)- Ri -L -2C Machine (detailed bid filed *ith:Clerk) $1,235.00 Hawthorne moved that bids be referred to Liquor Control Commission,for their, recommendation. Motion seconded by Paien_and carried. President Cooper reported the following recommendations made by the new Liquor Control Commission.at their meetings held April 20 and 24, 1948: 1. That - Village Attorney.be directed to give his opinion and also'get the opinion of the Attorney General regarding the unsold liquor stock of Hay and -Stenson: - Question: "Must the Village buy the unsold stock of Hay and Stenson?" 2. That Village enter into agreement with owner for renting of premises at 5004 France Avenue South, at $100 per month'on a 3 -year lease, with proviso that Village may sublet at any time they build their own liquor store building; premises'at 5004 France Avenue to be prepared for liquor store operation by Village,•insofar as shelving, sign, etc. are'concerned. 3. That Village advertise for applicants for position of Liquor Store Manager, with applicants to.appear.before Commission on Tuesday, May 4, 1948, in .the Village Hall. - Some discussion was had as to advisability of the usual ten -day advertising period required, and it was agreed that Tuesday, May, 11, would be a. better date for the interviewing of applicants for the liquor stores. Hawthorne moved that recommendations of Edina Liquor Control-Commission be accepted, that Village;,A,ttorney be directed to,prepare lease for permises at 5004 - Franca Avenue South,.aud that Clerk be authorized to issue proper advertisements for Manager for.Liquor Store.. Motion seconded by Palen -and carried. y President Cooper inquired as to procedure for securiag Federal Stamp and State License for Off -Sale Store. Hawthorne moved that Village Attorney be directed to secure the - necessary permits for the operation of the liquor•store. President Cooper reported that it is.the wish of the Liquor Control Commission that the Village avail itself of the opportunity to purchase 66 -foot frontage on Market`Stre-et from Mr. William. Sell as location for future liquor store.. Hawthorne moved that this matter be laid over to the next regular meeting. Motion seconded by Child and carried. Attorney Windhorst inquired about advertising for revenue bonds for financing `operatimis of liquor store. Recommendation from Liquor Control Commission, as to amount iof bond issue, was requested by Council. j President Cooper protested Mr. Carl M. Ransents procedure in building houses on his property which is being advertised as "Parkwood Snolls ", in which roads have been graded and lots staked, bat plat for which has not yet been filed. Discussion brought out fact that Mr. Hansenis building permits are being issued on metes -and- bounds descriptions:, pnd that the law permits building on unplatted. property providing area requirements meet zoning requirements. Mr. Cooper recommended that something be done to protect the buyers of this property, and to inform them that• streets have not been dedicated to the Village, and that Village is powerless to maintain streets or plow snovvr until such dedication is made. Attorney Windhorst advised that letters be written to all applicants for building permits, informing: them of this situation. Vpon recommendation of President Cooper* Hawthorne moved that Office be instructed to write letters to•all home owners in; territory advertised as "Parkwood Knolls", explaining the facts as they are; and that Office be instruct to write the County Auditor explaining circumstances in detail and requesting him to make an "AudItortis Subdivision" of this territory. Motion seconded by Palen and carried. (See further discussion later in meeting.) Messrs. Bloomberg and Sweeney requested information concerning proposed condemnation of former Lampman property, along Creek frontage, for park purposes. Proposed plat which they_pr`esented.shows 46dication for park purposes South of 56th Street only. They wore informed that condemnation proceedings against Mr. Lampman had been dis- missed, and were requested to consider dedication for park purposes on both sides. 2 4/26/48 sides of the Creek throughout their pla.'k. Hawthorne moved that proposed Plat -be referred to. Planning Commission for study, with recommendation that Commission give consideration to need for Park Property easements. on both sides of Creek. Motion seconded. by. Palen and carried. The matter of Woodland Roads s condition was discussed, with Mr. Willson directed to have road patrol smooth over rough spots as much as- possible, and as -soon as; possible. Mr.Bloomberg, who still owns approximately five lots abutting this. street, agreed : to sign petition for blacktopping when one is circulated. 2•1r. Dahi, 6155 France Avenue, requested permit to move house from France Avenue. to a location between. Ewing and Drew Avenues anrl south of 62nd Street. He was directed to furnish. Building Inspector with a survey showing where house, would be located, and with plan for foundation,ind. house, in order that Council may have.' this information at its next meeting. Dr. Ralph G.:Petersonts letter of April 23, requesting permit to move his house, now located at 5700 Normandale Road, west about 200 feet, was read. Dr. Peterson presented a proposed plat of his property, indicating thereon the position of house after its is moved. Dr. Peterson was requested to furnish survey, showing proposed location of house, and plan for foundation and house, in order that this information may be had by Council at its next meeting. Clerk Hawthorne suggested that, in case Dr. Peterson is seriously=consideriag platting his property, he get the tentative approval of the Planning Commission before moving his house, in order that he might be sure of future access to this dwelling. A delegation of neighboring property owners'in the vicinity of 5529 Wooddale Avenue requested that something be done by Council to vacate these premises. Complaints 'were registwed concerning the outside privy, the fact that an old and dilapidate& truck has been parked in the yard fox two years, the unsightliness and generally , filthy condition of the premises, and the conduct of the occupants. It was also stated that the premises are rat - infested, thus constituting a health hazard. Delegation included sirs. James Richards, 4613 Oak Drive; Xr.'Fred Prouse, 5533' gellogg; fir. Robert Wood, 5533 Wooddale; Mr. C. Switzer, 5517 Wooddale; Mr. H. 0. Norstron, 5509 Wooddale; Mr, and Mrs. Argetsinger, 5524 Kellogg Avenve;,and the owners of 5528 Oaklawn Avenue, 5601 au& .5612 Kellogg Place.- Review was bad of Couneills order to occupant of 5529 Wooddale to connect to sewer by July 15, 1947- - whieh order has not been followed to date. It was then reported by office that Village has not had this work done because well on the property is -bad and install- ation of inside toilet and connection to'sewer will serve no practical purpose without water. President Cooper recommended that Dr. Campbell be instructed to make another check-up on the property; and that, inasmuch as occupant has failed to connect to sewer such steps as necessary -be taken to have property vacated. Owners of property along France at approximately 53rd Street again requested water main construction to serve their property. They were again asked to secure a•: petition by property owners needing water service, including the new church. Attorney d.J. Stollens letter of April 24, setting forth Mr. Harold Schaefer =s objections to CouncilIs_granting of permit to Mr. Ralph White to. build dwelling at a minimum of seventy -five feet from'froat lot line,was read by Clerk. Nessrs. Schaefer, Phi3lippi, B000, and V.A. Johnson - -all Schaefer Road property owners -- appeared to voice their objections, with Attorney Stoller heading delegation. Mr.- White explained that he cannot build farther batik on his, property because of a.water hole. Messrs. Schaefer and Johnson explained that they,rtoo, were compelled to fill and drain their properties to improve them. Discussion brought out fact that, although neighbors to north of White are considerably further back from Schaefer Road the building line is uneven; amelhe Orvis property to the south the dwelling has front yard of less than seventy -five feet. It was suggested by Council that perhaps a compromise might be effected; Messrs. Schaefer and Boos maintaining that suc)i compromise had been attempted trithout success, and that a. minimum distance of 155 feet back from the center of the road has been approve& by the delegation as a fair.setback. Batter was tabled by Council pending further- discussion between Mr. White, his neighbors, an& Building Inspector Woeh"er. President Cooper also agreed to make inspection of premises.' Mr. TM#e agreed to cease building pending action of Council at next meeting. Letter of April 20, from Mr. George Hartzell, President of Edina Commercial Club, confirming approval of majority of property owners on 50th Street and W. side of France Avenue for street lighting construction, eras read and filed with Clerk. r 4/26/4.8 23 Mr. Don Leary of the Park Board reported'on plan for supervised recreation for school children during this summer, which plan includes swimming instructions and organized baseball. Mr. Leary explained that Mr. Danens has been asked to level ' off two midget baseball diamonds, one of which will be located on new school property and other on vilia�ge owned park property; that this project, as well as the hiring of instructors and bussing of children to and from the city for swimming in- structions, will take approximately $2,000 of park funds, Hawthorne moved that Council N express its approval and admiration gor the program. Motion seconded by Palen End carried. Y r Mr. Palen reported to Council on-formation of County Committee for Preservation of Minnehaha Creek, suggesting that Edina, be represented on this Committee.' President Cooper recommended Mr. Palen to represent Council, Ur. Don Leary to represent Park Board, and Mr. Al. Hiatt to represent Planning Commission. After discussion it was decided that Mr. Palen represent the Council on this County' Committee, and that Park Board and. Planning Commission be requested to elect their representatives. ` Petition of April 15, for the resurfacing and blacktopping of W, 55th and V. 56th Streets, torn up by reason of sewer, and water improvement, was'read. Mr. N.I., Onstad, 3300 W. 56th Street, explained that resurfacing is needed on 55th and 56th between Zenith and Beard, and on Beard and Zenith between 55th and 56th: Streets. Mr. Willson explained that black-topping is not ordinarily done until the ground warms up, usually about June; and that this project is °approximately in the mid4e of the list of blacktopping projects to be done this year," Mr. Heins, 5609 Zenith asked'if above blacktopping project could include improvement of Zenith from W.56th Street to 1/2 block South; and of W. 56th Street between Xerxes and Zenith,-,providing petitions are received. He was asked to bring in petitions just as soon as possible, and: was told that this would be an assessment project, Complaint was registered cbneerrdn.g large hole in road at-approximately 56th and Xerxes. Mr. Willson agreed to have road crew repair as soon as possible. Mr. George Hartzell, President of Edina Commercial Club, requested Council's cooperation in having W. 50th Street, between Pran.ce'and Halifax, closed to traffic during late afternoon and early evening for-the "Edina Pestival" which the al-db is spdnsoring. Date to be June 11. It was explained to Mr. Hartzell that Council will have to make check with State Highway Department before definite answer can be.given, but that closing of 50th Street is.a probability, Petiton of April 15th, signed by P. C. Obermeyer and Roger G.,Williams, sole owners of abutting property, `for grading and graveling of Benton Avenue between Code Avenue and Grove Street, was read.. Mr. Williams asked if Council could include the grading and graveling of "Tingdale Avenue ", as per his proposed plat, from its intersection with junction of Benton and Code Avenues to W. 60th Street, and of W. 59th Street, as per his proposed plat, _from Code to Tingdale; providing that proper petition is received for such project, Hawthorne moved that Clerk be authorized to advertise for bids to be taken for, grading and graveling of Benton Avenue between Code Avenue and Grove Street, said bids to be opened May 10, 1948; said advertisement to include grading and graveling of Tingdale Avenue and W. 59th Street -as set forth above, providing petition for improvement'of these last named two streets'is received prior to deadline for entering advertisement, Motion seconded by Willson and carried. Mr, J. G. Clarke, 6300 Brookview Avenue, requested that Brookview between 62nd and 64th Street be brought to permanent grade and graveled, maintaining that this work had been promised two or three years ago, Mr. Clarke was informed by Mr. Willson that grading of streets must be assessed. Mr. Clarke also protested installation of culvert in the road,, alleging that this causes excess water to drain into his property.. Mr. Willson stated that an inspection would be made at an early date. Mr.`Carl M. Hansen asked that Council=s action of earlier this evening with regard:. to "Parkwood. Knolls" be reviewred. He-stated that final plat of "Parkwood Knolls" has not been filed because he-has had Mr. Arthur Nichols working on a master plan for his entire property in this area; that this master plan will be ready for submission to Planning Commission on May 4; and that immediately after approval of master plan. by Planning Commission and Council he expects to file plat of the first 40 acres. Councilis displeasure at Mr. Hansen's arbitrary action in 4/26/x•8 24 making deals for the sale of lots and in constructing homes on these tracts before submission of final plan was made clear by tiesers. Cooper and Hawthorne. ` Mr. Hansen stated that the people for whom it he is building houses know that the plat has not been filed, that no lots iu "Parktrood Knolls"''have been `sold, that the law permits the building of houses on unplatted.property, that he believes the master plan which Mr. Nichols will soon present is one of the finest plats in Edina, and that as soon as this plan is approved he will present final plat of °Parkwood Knolls". i1r. Hansen inquired as to reason for Councills action in ordering him to remove.* large real estate sign at Schaefer and Interlachen Roads, when other large signs are allowed to reamain in the Village. He was informed that Council action was taken as result of a complaint, similar action having been taken in the past when complaints were filed against'sigxis; and that Council now has under consideration an ordinance regulating'sign construction. ' Mr. Cooper recommended to Mr. Hansen that his tract office at 5436 Wooddale ,Avenue be removed, inasmuch as his subdivisions are about sold out.' Ur. Hansen stated that he trill be building about 100 houses in this immediate vicinity, that he still has ninety 'lots to sell:, and that he believes the order' ing of the 'removal of the tract office'at`this'time would constitute discrimination against him. It was explained that complaint against tract office has been received by Council, axial that traffic: on Wooddale is slowed down and endangered beemse hie customers park out into the roadway. No action taken, ' Mr. Cooper reported receiving requests for Street Lights at Owen Kelly=s residence on Blake Road and near Slavints residence on Blake Road; and written petition for street. light at intersection of Griffit and Maloney Avenues was read. Ha'uthorrie moved'that three requests for street lights be referred to Village Engineer for his report at next meeting, notion seconded by-Palen and carried. Petition for Sanitary and water to serve hots 48 and 49, Auditor =s Subdivision No. 312, signed by Charles B. Johnson, otmer, -was read. Office reported that this petition is in reference to petition filed last fall for sewer and water extensions on France Avenue south of 58th Street, that petitions have been signed lSy owners of more than 515% of abutting properties, and that-while Council has taken action on the sewer extension, no action has-been taken as to extension of water main. Hawthorne moved that Pablic Hearing on petition for construction of water main in Prance Avenue between W. 58th and W. 60th Streets be set for Monday, Iiay 10, 1948, at 8:00 P.M., and that Clerk be authorized to make required advertisement of same. Motion seconded by Child and carried. Petition of April 20, for installation of street lights in Creston Hills Addition, signed by J.L. Crouse`and Miss M.E. Cummins, *wag read. Mr. Willson recommended against imstalling.street lights until such time as more houses are - built in this subdivision. Hawthorne moved that petition be referred to Village Engineer for report. Motion seconded.byPalen and carried. Mr. T. L. Todd's declination of the appointment "to the Edina "Liquor Control Commission, dated April 13, was read. Hawthorne moved that Mr. Toddis declination be accepted with regret. Motion seconded by C hill and carried. President Cooper presented as nominations to the three -year term of the Liquor Control Commission the names of 1. Earl H. Covell; 2. 'Don Leary; 3. Dr. Fred C. Obermeyer. Mr. Child moved for the appointment of Mr. Earl H. Covell to the Edina Liquor Control Commission. Motion seconded. by Hawthorne and unanimously carried. Park Board Chu rmnn =s invitation for Council representatiau on nearly formed "Edina Recreation Advisory Comnitteeil was read. Hawthorne moved that Mr. Palen be aM. ointed to this Committee, in accordance trith recommendation by President Cooper, was seconded by Willson and carried. Mr. Robert P. Savoryts bid of $219.50 for plants, supervisbry service and designing of floral display for thirty -seven Village flower beds, with labor tb be furnished by Village, was read and filed with Clerk, having been approved by the Park Board. Petition. of George W. Sandquist, for the grading bf Oxford Avenue between 51st and 52nd Streets, was read. Mr. Willson expl.i.nea that the filling of this street would be a big job, and moved that action on petition be delayed pending further investigation. Motion seconded by Palen and carried. r 1 Id 4/26/48 25 Engineer's tabulation. of Sand, Gravel and Rock bids taken April 12, 1948, was presented, bids having been reduced to "Net Per Ton" basis. Willson recommended and moved acceptance of the following bids; 'Plant Del. 2,000 Cu.Yds (MOL) Torpedo Sattd Glacier Sid & Gravel Co. $.65 $1.05 2,000 Cu.Yds._(MOL) Buckshot Gravel Oscar Roberts & Co. x..52 ,2.02 2,000 Cu.Yds. (MOL) Crushed Rock 12 2" Glacier Sand & Gravel Co. 1.47 1 =.92 5,000 Cu.Yds. (M0L) Pea Gravel Oscar Roberts & Co. 1.52 -2.02 5,000 Cu.Yds. (MOL) Pit Run Gravel Pfeiffer Const. Co.. .49 .84 Notion seconded by Palen and carried. - Willson recommended and moved acceptance of the following bids, taken April 12, 1948, for Cutback Asphalt, Roat Tar, Road Oil and the Mixes, tabulation having been made by Village Engineer: Per Gallon 30,000 Gals. (MOL) Cutback As#.alt MC 1, 2 or 3-' Jay W. Craig Co. $.155 30,000 Gals. (MOLj Road Tar RT4 to RT10 Jay W'. Craig Co. $.19 30,000 Gals. (MOL) Road oil" SC 1, 2 or 3 Jay W.. Craig Co. $.145 '500 Tons (MOL) Hot Ready Mix -Tar Glenn Johnson Contr. Co., $4.00 Ton 500 Tons (MOL) Hot Ready Mix fatback j Asphalt J.V. Gleason Co. $4.86-Ton Motion seconded by Palen and carried. Fire Department's recommendation of April 19, for acceptance of the following bids on fire fighting equipment, taken April 12, was read; and Hawthorne moved that Council accept bids as recommended. Motion seconded by Palen and carried. From Minnesota Fire Equipment Co.: - 18 - Lot #39 Janesville Coats 0 $20.75 To be fitted to each 18 - Pr. "Siren° Storm Boots 0 $ 8.65 man. From Mine Safety Appliance Co.: 16 - MSA New Style Firemens Helmets with D Ring, Chin Strap and Ear Lvgs -= Black 0 $ 9.50 2 - MSA Hats same as above except - $1 white, and shield added Q 2.50 r 3 - White Shields for Black Helmets 0 $ 2.00 2 - Chemox Breathing Apparatus complete in case with one ` cannister (B- 46328) a $135.00 Fire Department's •April 26 recommendation for acceptance of the bid of Willys Motor Company, Minneapolis, for Jeep fire Engine and Auxiliary Fire Apparatus, on the following basis, was read: ' Total Bid as Submitted $5,021.60 Less One Winch $292.00 Less One Power Take Off 44-,09 - 386.09 Net Bid 44,635.51. Hawthorne moved that contract be awarded in accordance with,Fire Department's recommendation. Motion seconded by Palen and carried. Palen recommended that Hopkins Fire Department be notified that they are riot to answer fire calls uril.ess called by the Edina Fire Department, and made such motion. Motion seconded by Hawthorne and carried. ' of Lazigford Electric Co. Engineer's recommendation that Village "accept bidl taken April 12, 1948, for installation of Ornamental Street Lighting System, was read. Hawthorne offered the following Aesolution and moved its adoption: RESOLUTION ACCEPTING BID STREET LIGHTING SYSTEM FRANCE AVENUE AND -W, 50TH STREET WHEREAS, pursuant to_an advertisement for bids published in Suburban Press, Hopkins, Minnesota,'and in the Construction Bulletin, Minneapolis, Minnesota on March 26 and April 2, 1948, for the improvement of the W. side of France Avenue between W. 49th and W. 51st Streets and of W--50th Street between France and Halifax Avenues by the installation of Oruamental'Street Lighting System therein, bids were duly received, opened and tabulated according to law, and the following of said bids were found comply with the advertisement: BASE PRICE (Adjust.) FIRM PRICE (Maw mnm) Langford Electric Company 2nd Ave. So. & 3rd St., Minneapolis $ 9,286.00 • $9 :986.00 gvalsten Electric Co., Inc. , 110 -4th St. So., Minneapolis 20,600.00 24,700.00 line Material Company Milwaukee, Wisconsin (Materials Only) 3,520.04 4/26/48 tnMMAS, it appears that Langford Electric Company of 11inneapolis, Xinnesota, is the lowest responsible bidder, now therefore, w BE IT i3ESOLVED -by the Village_ Council of the Village of Edina, that the President arid.- Clerk, be and.. the. same_ are hereby authorized and. directed to enter into a contract with. Zangford. F,Iectric Company of tiinneapolis, iiinnesota, in the name of the Village oT Edina_ for the improvement of the above named streets by.' the installation-of Ornamental Street Lighting System therein according to the plans and specifications approved by resolution adopted. by the Village Council April 5, 1948, and BE IT FUR= RESOLVED That the Village Clerk is hereby authorized and directed to return fortbni.th to all bidders the deposits made with their bids, eicept that the deposits of the successful bidder and the -next lowest bidder shall be retained until a contract has been executed. notion to adopt the Resolution was seconded by Child, and on Rolleall there were five ayes and no nays, as followsr Child, aye; Palen, aye; Willson, aye; 11w thorn, aye; and Cooper,�aye$ and the Resolution was adopted. AT T ;/11/ XZ President of the VillaA , Council Village Clerk Proposed Ordinance, concerning purchasing of beer by minors, was read. Village Attorney Windhorst eras instructed to insert provision making it a misdemeanor for minor to consume beer in any Edina establishment licensed for on -sale beer; and it was decided that only parts of Ordinance need be published; namely Sections 2 and 3 as read, and the new section to be ineorporateC into Ordinance. Hawthorne offered the following Resolution and moved its adoption., RESOLUTION WHEREAS, It is necessary, advisable and in the public interest that the Village of Edina lay out and establish a street of sufficient width to service the new school which Independent School District"No. 17 of Hennepin County, T•tinnesota, proposes to build, and WHEREAS, In order to accomplish such purpose, it is necessary to acquire an easement for street purposes in the following described land, namely., 1. The South Twenty -five (25) feet of Lots Eight (8) and Trine (9) of Block Three (3) of Golf Terrace Heights,First Addition according to the plat thereof on file and of record iii the office of the Register of Deeds in and for Hennepin County, Minnesota, an undivided interest in the fee of which property is otmed by Carl Psi. Hansen and Ellen X. Hansen "as joint tenants and not as tenants in common and an undivided one -half interest in the fee of which property is otmed by Ben X. Parks and Margaret D. Parks as joint tenants and not as tenants in common, and 2. The North Thirty -Five (35) feet of that part of the Southwest Quarter of the Northwest Quarter of Section Nineteen (19), Totmship Twenty -eight (28), Range Twenty- -four (24), described as follows: Beginning at the Southwest corner of the North Three Fourths of the Southwest Quarter of the Northwest Quarter of said Section Nineteen (19)'; thence East along the South line of said North Three Fourths of said Southwest.Quarter of the Northwest quarter to the ,Southeast corner of said North Three Fourths of said Southwest Quarter of the Northwest Quarter; thence North along the East line of said North Three Fourths of said Southwest Quarter of the Northwest Quarter Four Hundred Five and 24/100 (405.24) feet; thence West and parallel to the North line of said forth Three Fourths of said Southwest Quarter of the Northwest Quarter to the West line thereof; thence 13outh along the hest line thereof to point of beg=inning, according to the United States Government survey thereof, subject to any easements to the public for roadway or highway purposes -but including any roadway or highway therein and hereafter vacated, the fee of which property is otmed by Independent School District No. 17 of Hennepin County, itinnesota, and + WHM7JS, the Village of Edina has offered to purchase such an easement from the above owner at prices deemed by the Council to be favorable, and WIMRSAS, the otmer of such land'has refused to accept the, Village's, offer, anti. r j'MEREAS, the Village is advised and believes that the most feasible location for such a street teas on the land above described, and 1 4/26/48 27 W EREAS, by reason of such refusal to sell the Village the lands above described, it has become necessary to procure title to such lauds by-right--of eminent domain, NOW, THEREFORE, BE IT RESOLVED That the Village of Edina proceed to procure au easement in the above described.land under its right of eminent domain and that the Village Attorney be instructed anal. directed.to file the necessary complaint therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the court; that the Village Attorney, the President and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Motion for adoption of the Resolution was seconded by Willson, and on Rollcall there were five ayes and no nays, as follows: _Child, aye; Palen, aye; Willson, aye; Hawthorne, aye; and Cooper, aye,- an& the Resolution was adopted. President of the Village Coudeil Village Cleft Petition for grading Vandervork Avenue between Division aad Motor Streets, filed with Council April 12, was reviewed.. Office rep6rted'petition signed by owners of 96 %,of abutting property. Engineer.is estimate of cost, amount $9,000, was read; and Council was. informed that this property is 'part of property being considered by Council for park development. Hawthorne moved that petition be tabled, acid that Park Board and Planning Commission be notified of Councils action and asked to investigate possibility of acquisition of property for park purposes. Motion seconded by- Willson and carried.. Clerk Hawthorne explained. that County ,Land Commissioner's toff ice requires a declaration of all lands on their List n256 -C" Non- Conservation and -Por' Sale before Village can apply for tax delinquent properties, and that the Resolution Declaring 'fax Delinquent. Lauds "Non- Conservation and For Sale ", as adopted by Council April. 12, does not meet such County requirements. Hawthorne offered the following Resolution and moved its adoptions RESOLUTION RESCINDING RESOLUTION ADOPTED BY VILLAGE. COUNCIL APRIL 12. 1948 - BE IT RESOLVED by the Edina Village Council, that Resolution, entitled _ Resolution Declaring Tax Delinquent Lands "Non - Conservation and For Sale",' adopted by this Council April 12,.1948, be and hereby is rescinded. Motion for adoption of Resolution was seconded by Willson, and on Rolleall there were five ayes and no nays, as follows: Child, aye; Palen, aye; Willson, aye; Hawthorne, aye; and Cooper, aye; and the Resolution was adopted.. ATTEST* President of the Village Co it Village Cleik Hawthorne offered the following-Resolution and moved its adoptions RESOLUTION DECLARING TAX DELINQU3NT HANDS 111TON- CONSMVATION AND FOR SALE11. WEMAS, the Village Council of the Village of Edina, Hennepin County, Minnesota, has received from the County Auditor of Hennepin County, Minnesota;, a list of lands in said village which became the property of the State of Minnesota under the provisions, of law declaring the forfeiture•of,lands to the Statefor non- payment of taxes, which said list has been designated as List 0256 -0", March, 1948, and t � f VnMEAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non - conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; w NOW TBERIIFORE, be it resolved by said Village Council, acting pursuant to Minnesota.Statutes for 1945, Section 282.01, that the'said classification, by said Board of County Commissioners of each parcel of land described in said list as non- couser- vation land be -and the same is hereby.approved and that the sale of each such parcel of land be -and the same is hereby approved. �8 4/26/48 notion to adopt the Resolution was seconded. by Willson, anal on. Rollcall there were five ayes and no nays, as follows; Child, aye; Palen, aye; Willson, aye; Hawthorne, aye; and Cooper, aye; and the Resolution was ad6pted. President -of -the Village 09�&cii illage erk Hawthorne offered the following Resolution and moved its adoption: RESOLUTION PO4 .ACgUISITION OF NON C6NSERYATION PROPERTIES FOR PAS . ,AM RECREATIONAL PURPOSES "BE IT RESOLVED that the President of the Village Council and Village Clerk be authorized and directed to sign. "Application by Governmental Subdivision for Conveyance of Tax- Forfeited Lands" in the matter of the Village of Edina's application to the Board of Hennepin County Commissioners azid the State of Minnesota for the acquisibion Of Lot 20, Block 3, Cleveland's Subdivision of Blocks 2, 3, 4, 13, 14 and 15 Emma .Abbott Park, comprising parcel No. 35722 -1940 on County Auditor's non - conservation list 256-0; lot 14, Block 11 Normandale Addition, and Lot 15, Block 111, Normandale, comprising parcels No. 35723-1940 and 35724 -1940 of County Auditor =s non - conservation list 256 -0; and Lot B, Woodbury Park near Lake Harriet, comprising parcel No. 35729 -1940 of County, Auditor's non - conservation list 256-0; such acquisition to be for park and recreational purposes. Iiotion to adopt the Resolution was seconded by Palen, and on Rollcall there were fives Wes and no nays, as follows: Child, aye; Palen, aye; Willson, aye; Hawthorne, aye; and - Cooper, aye; and the Resolution eras adopted. President of the Village-CQ cil Village Clerk Palen moved acceptance and payment of all bills and payroll as listed. Motion seconded by Child and carried. CLAIM N0* I AMMM GAL FUND 2076 Colling Publishing Co, $ '29,83 P-) 2077 W. S. Darley & Co ", 5.45 - 2078 H. A. Rogers 00 41.10 2079 Minnesota Fire Equipment Co 116.00 2080 Ninnesota Fire. Extinguisher Co : 3.75 2081 Village of Edin, —hater Dept 19.25 2082 Warner Hardware Co 2.55 2083 Hardware Mutual Casualty Co 906.93 2084 Glacier Sand & Gravel Co 44.28 2085 Republic Creosoting Co 50.08 2086 Landers Norblom Christenson Co 30.50 2087 Rosenwald Cooper, Inc 17.17 2)88 Justus Lumber Co 5.76 2089 E. 0. Pfeiffer 407.75 2105 northwestern Bell Telephone -Co 43.90 2106 American Linen Co 6.70 2107 1=1er Davis, Co 84.41 2109 Young Fuel Co 41.70 2115 Donald Haeg 15.00 2116 Service Equipment Co 8.30 2117 Federal Laboratories, Inc 21.88 2120 Northern States Power Co 730,11 2122 Fared J." Daubauton 1.35 2123 Construction Bulletin 24,00 2124 Suburban Press 30.00 2125 Remington Rand Co 530.00 2126 Village of Hopkins 135.00 2128 Lyle Signs, Inc' 515-25, 2130 Uptown Insurance Agency 33.04 2131 Fred L. Gray Company 222.34 $ 4,123.38 k 1 4/2-6/48 CLAI 11IT SEWER. FETAL- }2107 Miller Davis 10.50 2108 - Northern States Power Co ; -3.482 $ 13.92 R W. M. j 10 5440 Peder Miekelson 302.38 302.38- T P, I • R. 2174 Terry- Excavating Company 500.00 2122 Fred J. Daubanton 3.85 2123 Construction Bulletin 21.80 2124 Suburban Press 18.00 2132 Peder Mickelsen w _„x:08 $ 19216.73 E0�_UIPMWT R=AL- ' 2090 Edina -Pure Oil Co y 9.19 K 2091 Phillips Petroleum Company '46.92 2092 . Minneapolis Gas'. as light Co 178.82 , - 2093 , Hicks Shell. Station i98.42 2094 Brookside Service Station 121.43 _ 2095 , Brookside Service Station 309.80 2096 Dahlberg Bros a n T 3.7.5 2097 Depftdable Motors } 6,12 2098 ' Fireatone `68.38 2099 - Chas. Olson & Sons �o8.6o 2100 Park Machine Co ` } '21.65 2101 3dina H rduare: M T ' 7.6o 2102 Leef Bros 4.048 } 2103 Wm.' H. 'Ziegler - -" 149.26 > 2104 Reinhard Bros F71-92 2105 Northwestern Bell Tele Co 13.00 2106 Americanv. Linen Co 6.75 2120 Northern States Power 06' " 16.11 2121 y Hull Hobbs, Inc 39.69 2124 Suburban Press 4.8o 2127 W. E. I;ahr Co . 85.26 2129 Federated Mutua7:s ' 33.82 2130 Uptown. Insurance Agency 120.42 2131 Fred L. Gray Co 816.;Z5 $ 2,944 +40 ti } G 2107 Miller "Davis .Co Y'� 10 :50 2118 Jane E. R. Moore x 1150 $ - 15.00 2107 Miller Davis Co 6.55 ywww• 111111 2109 Young Fuel Co 15.30 " 2110 S. J. Gunn. 20.00 2111 Northern States Bower Co 35434 2112 Badger Meter Mfg. Co 25.90 ` 2113 AilissaC halmers Mfg Co 18.33 r 2114 Allen Bradley Co 5.73. 2119 American. Cast Iron Pipe Co 15`.60 $ 488.75 $9,1048 =56 PYROLL FOR PERIOD ARRIL 1;,6 THROUGH APRIL 30. 1948 TATAL _ WITH. RETIRE. HOSP. NET CLAIM! 0 OIL E PjIN,S TAX. INDUCT. 1SDUCT+ PAY NO Gene Cooper, Mayor 4..50.00 $ 50.00 2133 Bower Hawthorne, Clerk 50.00 50.00 2134 George A. Willson, Trustee 35.00 35.00 2135 Fred S. Child, Trustee 35.00 35.00 2136 Richard G. Palen, Trustee 35.00 35.00 2137 3R. J. Duggan, Treasurer 30.00 30.00 2138 John Windhorst, Attorney 75.00 75.00 2139 Ward B. Lewis, Judge 75.00 75.00 2140 John D. Nelson,.Special Judge 10.00 10.00 214.1 Dr. L. M. Campbell, Health Officer '30.00 � 2142. Su-13-total 42500 425.00 0 y _ . 4/26/48 TOTAL WITH. RETIRE, HOSP. NET CLAIM AMINISTRATIVH EARNINGS TAX DEDUCT. DEDUCT. PAT[ N0, Phil W. Smith $ 055.62 $ 37.70 $,10.22 $ 245 204.95 :2143 Gretchen Schuseler 138.04 20.00 , 5.52 1.25 111.27 2144 Bernice Johnson 89.47 -0- 3.58 2.75 83.14 2145 Helene.Freemau 76.69 9.20 3.07 1.25 63.17 2146 Louise Westerberg 0221 2.90 2,56 -4- 58.45- 2147 Sub -total 623.73 69.80 24.95 8100 520,98 Il�1'GINEII3IIdG •` _ Fred Jonas 107.36 6.40 4.29• 96.67 2148 Pow DMWMMM { Clarence Knutson 136.50 11.70 5.46 2.75 116.59 2149 Hildi.ng Dahl 123.72 9.00 4,95 2.75' 107.02- 2150 Wm. , S. Heydt- 76.68 1.30 3.07 2.75 69.57 21.51 Henry M. Wrobl.eski 103.27 5.70 4.13 "0" 93.44 2152. Bert M. Merfelci 103.27 5.70 4.13 -0- 93.44 2153 William V. Hoffman 103.27 13.70 4.13 "O0- 85.44 2154 Lloyd McGary ].0 .27 ,_,5 ZQ 44,13 22g 91.19 2155 Sub -total ­74949 ,99 .52•:80 3000 10.50 656.69 I3Uilip Bailey 132.93 7.10 5.32 -0- 120.51 2156 Pete Dahigren 120.14 12.90 4.81 2.75 99.68. 2157 Matt Merfeld 122.70 9100 4;91., 2.75 106.04 2.158 Jahn Tracy 109.92 2.80 4.40 2.7� 99.97 2159 Harry Jonas 109.92 6.80 4.40 2175 -. 95.97 2160 Arthur Jensen 109.92 2180 4.40 2.75 99.97 2161 Ronald Port 109.92 --0- 4.40 2.75 102.77 2162 C.-W. Cardarelle _ 11.03 3.80 4.60 9,7U 103.88 Sub -total 930.48 45.20 37.24 19.25 - 828.79 .2163 STRUT' t�Pi- HOUxL�, ' Charles Johnson_, 103.47 5.70 4.14 2.75 90.88 2164 Jacob S h X07.98 10.40 4.32 r0- 93.26 2165 lfayne Tracy 98.98 13.00 3.96 MO0-► 82.02 2166 Joseph Natole ,' 28,-28. 9100 " 2 Z5 83,x,,27 2167 Sub -total 409.41 38.10 .,-3.96 16,38 5.50 349.43 TOTAL GII�►► BAL FM 3245.97 212.30 112.86 43.25 -2877-56 WATER DEPT* Ben Woehler '166.16 16.60 6.65 2.-75 140.16 21.68 Sam Roberts 127.= 81 9.70 5.11 2.7$ 110.25 2169 Kermit Knutson 102 ,3,6. 14.0 2 1,k25 87252 2170 Sub -total '401.33 40.60 16.05 6.75 337.93 GRAND TOTAL PAYROLL 3647.30 252.90 128.91 50.00 3215.49 Mr. Willson moved that permit be'&anted.to Leslie Beckett to build a garage on Lot nine, block seven, Tingdale Bros. Brookside,_providing this garage be situated a_ minimum of fifteen feet north of the south lot line. Xotion seconded-by Child and carried. Palents motion for adjournment was'seconded wthorn d unaulAously carried. V rage Clerk y _ .