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HomeMy WebLinkAbout19510423_REGULARlTiXWES OF THE BGUIXR'~~G OF THE E;IsINA .*kD&M'33 .. COUNCI&* @L;D, 140NDAYy. .1 33,X?!j&, ..& 7~30 P*&, .THE - -.__ .- EDINA~L.$GE;@I& _. ,_ -. I ..e .. --.-- - ._ A .. 'Members anstiering Rollcab were Bredesen, Child, Danens, Haxfbhorne and Messrs. Paul Ilemison and Donald Burris appeared regarding matter &f 3Wldi.ng-Permit for Ere Dennison,. in Rolling Green. WLling Green Association?s letter of-8pril 20, stating Irno furthgr opposition wi:Q be made "b the appli- .. cation of k$r, Dennison for his building was reada Child moved that Council grant permit to Mr. Paul Dennison to build dwelling on of 'Lot 8, - 12o3;ling Green, Motion seconded bJr Danens and carried, + - Petit"lon 'for the changing of the name of Wxford livenuelf to "Hollywood Road," dated April 19, was readr Mr, George B. Pwsons, - 5033 oxford. heme, ob jectedx to"nane change: Notion seceded br Hawthorne and carried, &a Ha,rb Davis, representing Xdina American Legion Post No, 47l, requested Council permission for the Posii, in conjunction with-Zdina Lions Club, to sponsor a CarnivaX on the Egna High School Baseball Diamond at Normandale and approxQmtelyW.59th Street on July 17 to 22, inclusive. List ,of pro- pose9 concessions and ridqs was presented, Hawthorne moved that Counci1 grant its approval for American Legion and Edina Liops Club to sponsor carnivaZ at High School.-BasebaU,.Diamond on- July I7 to 22, incl.usive, Notion seconded bJr Child and carried. Mr, John E, Grady Gquired concerning status of petition presented Ifarch 12, for grad% and gravelling of alley between Xaloney Avenue an$ Belaore Lane and between 'EjZadison and Jefferson Avenues. En@neer_Olsson reported that Public Works. Committee hacreviewed this matter and had inspec6ed the grounds; findingthat grading of alley would not alleviate bad drainage;-and that he had been'instructed by Cormittee to make a studyfor proposed Storm Sewer to remedy drainage pmblekq This study kill be completed as soon as possible, &. Eelvin E. Sagar, ~ 5902 Nomandale Boad, asked that Council issue Plumber's License to him. He promised to clean_-up premises-stoye pipe inside..chicken house, and keep plumbing suppUes out of sight;, He was informed by Council that he is in violation of Zoning Ordinance in coiductjng a business-in a residential section. Nr. %gar explained that his dwelling at 5902 Nozmandale is 300 to 400 yards froa nearest neighbor, and that no actual work is being done on these premises. Zricksone I* I Child moved that actfon be postponed %til next meeting, ~ - Child moved that Plumber's License be granted, Notion seconded by Iiawthogne and carried* - ... - delegation of fifteen property owners objected to the proposed annexation of their properties in West Hbneapolfs Hei&ts and plendelssohn Additions, to Hopkins. They were infomed- that no petition f;>r sqch annexation has come before the,Edina Council, and that if and when such petition is presented a Public Hear&ng m;ld be held before any action couldbe taken, Delegation yas advised to present counter-petition to Council, fir E&;, Stow requested pennissikn to replat Block 31, Xendelssohn Addition, from-26 lots to eight lots; and to exbend Arthur Street. South from 1fatermar-i Avenue to Interlachen Boulevard, $he Planning Commission for ita reGomendation and that &. Olsson be directed totork with 1%. Stow on this mat&er, Xotion seconded by. Dane- and carried* &. Stow reported that he has received--rnany conplaints from the purchasers of pyoperties on Yvonne Terrace about the horses owned by&. Hart, neighbor, Child moved that matter be referred to Police and Health Dep&ments for their yx&ieration and recomenda~ions. Notion semxded by Daneos and carrieda Mr. Stow reported that soineone is raishg rabbiis on the'hil?. overlooked by Yvorqe Terrace, No action taken, 2k. stow presented petition for !'survey and plans to get trunk sewer exbeaded to such a location as is necessam to enable a tie in at Seventieth and Nomnagdale Road" for Duggan Farm. Hawthorne moved that pgtit5on be referred to Village Sngiaeer pending filing of plat for property. Motion seconded by Chi&d and carried. Argument ensued, with Ivlr, Stow maintaining that Council is deliberately W.c&ing this thing around&,it Engineer be dire&edto write a letter to &+ Stow explaining Counc&l*s position, in order that this mtter needrdjti be-reviewed at each meetingr ltotion seconded by Eredesen and carried by unaaimous Rollcall mte, with Bredesen, Child,Danens, Ha2rbhorne and Erickson voting ayel, Child-hoyed %ha+ reqpegt be referred to ._ Hawthorne moved that Village 4/23/51 I&. Harold A, Duoos asked that the drbage situation on St, Andrew and Dalrymple be corrected bs the grading of .the streets, held a public hearing on a stom seweryr'ojeck forthis di'strict and that the matter has been deferred to &y I. Elr, koos inquired as to proposed oUAng, and was told that oilingwill be delayed pending settlement of storm sewer matter.. A deiegation headed by lb, Leonard Dvo;nak,&LOl TT. 62nd Street, requestd infomatiori on status of betition objeciiing to 1.k. Don XcCleUan*s operation of commercial enterprise in residential district.- Delegation was informed that coraplain't will be filed against Zk. 3fcClellan. - He was informed that the Council has Urq Rqy Be Copley, 4428. Brookside Avenue, filed petition dated April* 21, for the -_ re-3gstal.la$ion of stop signs removed recently from jntersectfon of Brookside Avenue and Division Street, be directed to study matter fnrther. Notion seconded by Danens gd carried. sfre Warren Thompson, sole owner of au' property in block bet2een IT. 65th and W.66th Stre-ets and. between Nomaadale and Josephine Avenue, requested pe.?arj_ssion to replat this block, opening a street through the'middle of the block, %Ira Thompson was asked to prepare preliminariminAry plat for Planning Commission's consideration. %&ho&e moved that Village Ehgineer and Polbe Depdmwt *. I -s .s Hr* Richard Palen presented petition, iated April 17, for the Grading and Gravelling of the Soath-end of Wooddale Avenue fro= Valley View Bad to Garrison be, and of Garrison Lane. Petit5on states that petitioners- yXL.dedicate for street purposes, &cludingturn-apmnd, and requests that Village ac@e balance of right-of-war by condemnation if necessaxy, Child's mo$ion, accepting petition and instructing Village Engineer to prepare pbqs for: improving street and to secure easements for right-ofymy and turn-mound, was secondedby Hawthorne and carried. >' bDJOIJRBEXI PORTIOH OF kpRIL 9, PUBLIC HEARING OM BSEsS*m FOR SmmmY SfGZEZt DdERm-$O. -3-1. -msuant--to, action- .taken by .$he *VUage -Coqncil..at -the--regular Re~t.ng_of,Aprir 9, 19%, Hayor Erickson &ed the adjourned portion of the April 9, 1951 Ptiblic_He&rhg on the- Proposed Assessment 'for the cost of SanZtary Sewer ' Enproyenent No, &I. All m-gubers of_Gouncil were present during Hearing, Village Attorney Wiidhorstts mtten legal opinion, dated April 20, 1951,. stating that in his ophion, "property within the sewer district may be assessed even though it does not abut on the sewer mains for which the assessment is made, and even though addi- tional mains will have to be laid and assessed for in order to reach'the nonabntting propeztr in question, so long as there is some reasonable basis for assessing such nonabutting property,lr was read, Trustee Bredesen was called from the Heeting during reading of said legal,opinion. Child offered the following resolution and moved its adoption: i- as followsz- .. ~. - _. ..- _-. 3 1. It is hereby found; detemhed and declared that the-proposed assessment for Sdtary Sewer Improvement No. E-1, has been properly'calculated in accordance with the pro@sions.of 1.linnesota Statutes Section 4l2.44.I.; that notice has been duly published, as rewred by law, that this Cyncil would meet to hear and pass upon all objections, if any,*to amend said proposed assessment as might be necessary, and to adopt the same by resolution; that said proposed assessment has at a33 times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots; pieces and parcels of land enumerated in the assessment was and is specially benefited by the . construction of the improvement in the amount set*opposite the descriptibn of each such lot, piece and parcel of land, respectively, 2. The amounts so set out are hereby levied against thexrespective lots, pieces and parcels of land described in said assessment, and said assessment is hereby adopted and confirmed as the proper special assessment for saZd hprovement, The assessment against eachlot, tract or parcel, together viththe interest accruing on the full amount thereof from time to time unpaid, at the rate of 5% per annm from the date of this resolution, shall be a lien concurrent with general taxes upon tfie property describedtherein and all thereof, The total amouzlt of such assessment shall be payable in equal annual installments exbending over a period of 10 years, the first of sdd instal.hents, togehter with interest on the entire assessment from the date . hereof to August 15, 1952, to be payable with general taxes for the year 1951, and one of the rem@ning installments, with one year's interest on that and all subsequent instalhents, to be payable with general taxes for each of the yeas 1952 through 19&, 'collectible in the respective ensuing years* I * . 4/23/51 3+ Prior to certification ofthe assessment to the County'Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any,Inst&&nent thereof Without interest tothe Village Treasurer and thereafter such papnentmaybe made with accrued interest, to the County Treasurer; provided that if any assessments or installmentswthereof be prepaid,to the.Qillage Treasurer, he shall promptly notify the Village Clerk . and County Auditor, and.the assessment or installment so prepaid shall be canceled on the books of the County Auditor. 4. The Clerk shaU,_as soon as may be, prepare and tpnsmit to the County Auditor, a certiified duplicate of said assessment, with each then unpaid stallg gent and Lnterest set forth seprately, to be extended upon the proper tqx lists of the County, and the County Auditor shall thereafter cause sa5d assessment to be collected in the-mnner_provided bylaw. The motion for the adoption of the foregoing resolution was duly seconded by 3iember Hadhorne, and upon vote being taken thereon, €he following voted in duly passed and adoptedn. AmST: 1. favor thereof: Child, Danens, voted against .the same: (go nay I .. .... Bfayor , .. Vill'age Clerk .. .* Trustee 3redesen returned to Meeting. Wyor Ekickson called Riblic Hearing on $he porposed Water lvLain Extension in Zenith-Avenue between W.57th knd ll.58th Streets, pursgant to lWotjice of Hearing, Eublished in Suburban Press, Hopkins, on-Marcb 22 and 29, Affi-bvi-L of F-qbli- cation for which noticg was read by Clerk,, approved as to form, and placed on file. Engineerrs Estimate of Cost, as read, was a total of $5,311.02 as against l,4l8.l assessable -feet, f& conitruction %cost of $3.75 per' assessable foot, Peder EEckelsen, gad no.mitten objections had been received by Clerk. ing Resolution and moved its adoption: 25Q per assessable foot for connection to priyate water main owned by There were no objections to the improvement frnm the floor; * Child offeredthe follow- RXSOLUTION CQDZRING DhOm~ WATER.HKCN I@?IiOlB!XENT N0.35 . -. BE IT RESOLVED by the GouncJ1:of. $he' Vi.~.gecqf.Ek&na, liiIinnesota, that this Council .--e heretofore --_ caused notice of hearing to be dily pblished on the proposed Gprovement consisting of Co&-t,ruction of Village Water €kin Mension and 2ppmte- ;aces in .Zenith Avenue begween W.57th andJf.5&h streets, and at the hearing held at the tine and place specified .&I said notice the-Council has duly considered the views of all persons interested, ad being fw advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that .said improvement is hereby designated and shall be referred to in all sub- sequent proceedings as Water Main Improvement No. 35, and the area to be specially assessed therefor shall_-include a- lots and tracts of land abutting and fronting upon the streets int&ieh said improvement is to be constructed, Motion for adoption of Resolution was duly seconded by Hawthorne, and on Rollcall $here were five ayes and no nays, as follows: Child, aye; Bredesen, aye; ,Danens, aye; Hawthorne, aye; and Erickson, aye; and tjhe-Resolutid&s adopted. // . , I- .. -. Villbge Clerk; * ,, -- Child offered the following Resolution and moved its adoption: RBSOLUTION APPROVING PLANS &I'D SPXIFICATIONS FOR.-W@..wB ,*Bs-r NP, 35A?JR-?~G?? ING ADVZIQISBmT FOR BIDS ~ , .. , . BE IT RESOLVED by the .ViXkge Csqnci.l-qg,the-Qwagg of Edina: - prepared by ihe Village Ehgineer and now on file._in the office of--the Village Clerk, are hereby approved. Construction .Bulletin the following notice for bids for the const2uction of said . , I, -!&'he plans and specifications for Water Hain Ihprovement No. 35, heretofore The Cler& shall-cause to be published twice in the Suburban Press andithe 2. improvement : \ ~&'@&~~~&- QPBQFT NO c-. 35 ADVERTISBmgT FOR BIDS FOR - -~ ' . -_-. =WG!Lq2?@!A.-.. The Edina Village Co.unci&-.%LLl-~et-at. $he Village Hall, 4.801 W.5Oth Street, Eimea~olis, -on Eondax, 3hy 11;, 1951, at 7:3O_-o~clock POX., to ogen and consider. .sealed bids for--%he construction of Water.Main~,~prov~m-ent No. 35 in said Village, consisting of Water Main Extension and Appprtenances in Zergith Avenue 4/23/51 between %?,57th and IL58th Streets, .- !he work on said-improvement must be done as described and specified in the plans and Specifications for said improvement on file in the office of the Village Clerk; All bids must be submitted on the basis of cash payment for the Frk. No bidswill. be considered unless sealed and filed with the undersigned before &e time, of said meeting and accompanied by a cash deposit, bid bond, or certified check payable to the ViUake Clerk in the amount of ten per,cent of the anout of the bid, BY OEZDER OF THE "ILLAGE COvrVCb. - -_ - . .. - -- .-.. . - * I"... , .. Bower Hawthorne 'Yillage Clerk i $@ha, @nesota, 3. Each and all of the terns of the goregoipg advertisement for bids are hereby ad2pted as the terms and conditions of th improvement, . . . ..I . L. Nayor .. * -- Clerk Hahhorne was excused from the Nee'ting at this time, to attend another meeting. Engineer Olsson reported on Bids Taken April 9, 1951, for First Aid Panel Truck for Fire Depa@ment, stating that the. Fire DeparZiment recommends purchase from. Dahlberg Brothers, bc., Hopkins, third low..bidder, Nk. Chris XEtzel, Fire Chief, eqlained %hat.this is the,only bid which meets specificat4ons. He sEated $ha$ Dahlbergs tTill furnish eight cylinder mol;or for @LOO over their bid. price of $3900,on truck with six cylinder motor, and recommended that Council purchase eight cylinder mota?, Danens moved th& bid be awarded to Dahlberg Bros., Inc., Hopkini, for eight -cylinder E'irst Aid Panel Truck at price of $3,931.00. Notion-seconded by Child and carried. &. S.-'G. pearson, owner and developer of RicGond HiUs Second Adation, requested that-actio9 be taken by Council, as soon as possible, for -the construct5.on of mter & to serve said Addition, Public Hearing on this project IELS held Nove&er 13, 1950, at which Hearing there were no objections to the project. Child-offered the - following Resolution and movedits adoption: BE IT RESQT-IVED by the Council- of: . the ~ ..-_ Y&llage,of. Fa, l.Iinnesota, this this Council heretofoze,c-+used notice of hearing to ,be duly p2blished on the proposed hpqovement consisting of improvement of all lots and tracts of land in Richmond Hills Second Addition by constructiozl of Village Water kin and appurtenmces in all streets in said Addition, and at the hewing held at the the and place specified in said notic? the Council has duly considered the view of all persons interested, and being fully7advised of the pertinenh'facts does hereby determine to proceed with the construction of said hprovement; that said improvement is hereby designated and shall be referre@ to in dLL subsequent proceedings as Water IMn Improvement No, 34, and the area to be specially assessed therefor sha-3J include all lots and tracts of land abutting and fronting upon the streets in which said iaprovment is to be constructed, Motion for ad6ption of Resolution was duly seconded by Danens, and on Rollcall there . -. RESOLUTION 0m-G R-PROVEI.IENT MATEE. ?iWX IEPROW-~JT N0.34 . >!ere f om ayes and no nays, as foXlom: Child, Erickson, aye; and the Resolution was declared aye; and I, / Irayor .. &. 6hiId ofiered the follovizing Resolut$on and moved its adoption: RESOLUTIOEX APPEOOVTHG PLANS JWD SPEC3?1~ATIGHS FOR*VATER. FA-mg$XNJigrn~ NO* 3lJl@D. DrnGT: ING ADlLERkI~~JT FOR BIDS , . ,. u BE IT 3ESOLVEL) by' the Vhge - Counc&l- ,of _i&..Yi&&age 1 QZ Edina: ~ prepared by the Village Engineer and now on fi1q.h the office of--the Village clerk are hereby approxed, ' a 2, Construction Bulletin the following notice for bids e for the qonstruction of said +nprovement: . ..lt --$e,plans and -specifications for Water Eiain Improveqnt No. 3.4 heretofore The Clerk shall'cause to be published twice in the Suburban press and-the ADVERTISF;EBNT FOR BIDS FOR 1. 4/23/51 The Edina Village Council will meet at the Village Hall, 4801 Street, Minneapolis, .on Monday, &y l.4, 1951, at 7:30.P.31., to open and consider sealed bids for. the construction.pf Water $kin Im$rovegegt No. 34 ik said Village, consisting of construction of .Village Water &bin and appurtenances in all streets b in Richond EKUs * 2nd Addition, -- r I' The work on said improvement must be done as described and specified inethe plans and specifications for said impr0vemen.t on file in the office of the Village Clerk. All bids must be submitted on the basis of cash payment- for the yrork. Ho bids -.be considered unless sealed and filed wi%h the under- signed before the time of said meeting and accompanied by a cash deposit, bid bond, or certified check payable to the Village Clerk in the amount of Ten percent of the amount ofthe bid. -- - L BY ORDER OF !lW3 VILLACZ COUNCIL. . I - *- - --.---e ._ -C._._ ... Bower Hawthorne - - 'YilXage Clerk . . e ma, X@esota. 3. Each and a33 of the terms of-the qoregoipg advertisement for bids are hereby adqpted as the terns and conGtions of the award'of the contract for spid improvement Motion for adoption of the-Resolution was there were four ayes and no nays, as foll Danens', aye; and Erickson, aye; and the Re 8dopted.. c .. , . . . . , , Upon Motion by Bredesen, seconded by Child and -unanimously carried, Neeking yas recessed Tor fiveminutes, Neet+g reconvened at end of fiGe minutes with Bredesen, Child, Danens and Erickson present. Mayor Erickson caUed Pubfic*Hearing on the propos'ed Grading and Gravelling of Zenith Avenue betwepW.57th andJf.58th Streets, pqsuant to Notice of Hearing, published in Suburban Press, Hopkins,~ on Wch 22 and e29, 1951, affidavit for Publication of Notice gav5ng been read, approved as to form and plabed on file. Village Engineerrs Estimate of' Cost, for grading and gravelling of Zenith Avenue from W.57th to W&th Ejtreet, +d of ta,5'7kh+ Street from Abbott AvenGe to York Avenu-e was $799-.-20 is against 2, 571.30 assessable feet, or G.31- per assessa9le foot. Engineer Olsson recomeridedthat W.57th Street be graded together with Zenith Avenuer st was brought to Councilfs attention that Botice of Hearing does not include-mention of inproving W.57th Street anti that assessment cannot be {levied until after Hearing, Child,moved %hat petition be ret6rned to signers, with explanation, in order that additional signatures might be 'append&. Motion seconded by Bredesen and carried. & . Everett W. Davies, 5601 Wooddale 'Avenue, objected to proposed sidewalk on the East side of Wooddale. ,He was +formed that petition has been filed for side- on Nooddale Avenue;..that Public Hearing must be held before any action Village EhgGeer Olsson reported that the cost of moving a hydrant in St,Andrews Avenue te a site about 30 feet North of its present lochtion will. be between '$25O,OO and $3OO.OO. At sugges$ion of !Prustee Danens this matter, was tabled wtil inspec.t;ion can be made by Council. ' is taken by Council, %.. Yl . Olsson asked, that. advertisement be made for Liquor Store Insurance Polici& expiring ki June of this yeas, suggesting that possibly-the ltReporting Foru!t policy for Uquor Stock would effect a saving. Child mbved khat Council adsrer- tise for bids on Liquor Store insurance policies_expiring in June, with any changes qecomended by V213.age Engineer to be included. I4oti.cn seconded by Bredesen and carried, __ .. Mr. OLsson reported on the finances of the IMina lrrunicipal Liquor Store, stat&g that a loan of $5,500 to $6,000 vdll be neeged b..order to retire @ outstanding Liquor Dispensary Revenue.Bonds as of June 1. called, .to save h$erest. - Danens moved that IJ~, Olssonls recommendation for a loan fromthe General Fund t;o the Liquor Fund-,be $ccepted,%hat said loan be made, and that,all outstanding Liquor Dispensary Revenue Bonds be called as of June 1, 1951. He recommended that bonds be Notion seconded by Bredesen and un+ixnousl;y carried,' .* -I a-g;*-. * . . 4/23/51 f It was reported that the Liquor .Commission recommends that QTUS Alexander, &ssistant; Eanager at Uquor Store, be granted Severance Pay-for %yo weeks, j-nasrmrch as he is leaving Village employ for the Armed Services. that Severance Pay be'gEanted. It wag reported-that the Liquor Commission recornen& that appok-ted as Assistant $wager f& Liquor Store,'at a salq of. $300,00 per month. Manager eppley effects a savings of this amount in his %z&ra helptt account, Danens moved Notion seconded bs Child and carried, Harry Casey be Childlmoved that appoht be-xuade ag of PIay 1, 1951, providing khat &tion seconded by Danens and carried, * c - sexision and Compilation of Ordinances was reported on, by letter, by Village consideration and report. ~ .-l -l .. &tormy RindQorst; and Offigewas instructed to prepare copy of report and enclosuresp for Attentioniof Ordinances and Legislation Committee for their Indian Hills Corporationts April Uthrequest fbr installa-bion of Street Signs Vwage rngineer_for action, $Iotion_seconded by Bredesen and carried, Village hgineer Olsson suggesged that the matter'of 'the broken street liiht, Eresented at an evlier meeting, be referred to Village EmranFe Urrderwriter. Child noGed $hat Council delay action on the mat&er of replacing skreet light qntil Village Ehg&neer confers with hsurance Compaq. Notion seconded by Bruce Construction Companyts April 16th petition for the vacation of tha$ portion 02 lT04$th Street ast-of Vestbrook Lane, and for storm drain from low spot ziout ,@ feet-South qf West @th Street into low area to rear of 135 foot deep lots facing Westbrook +e, was read. Petition stated that 3&e NcNellis owner of lotr property has given his approva,l*to drab requested, _.Chi&d_-moved that petitionbe accepted but that Public Hearing on vacation and @ah be, ' delayed until Council has the rwittzn epprovaZ of I&. E4cNellis for statements: made in petitiqn, &lotion seconded by Bredesen and..cargied. &, Woehler report2 Bruce Construc$ion Company's request for change in lot frontages on I'sestbrook he, IL49th Stre$ and Upond Place, Child moved that this matter be referred-to Pl-m EorOmission for the.ir-recomme$dation, wi&h :instructions to Building kspector t~ procged in accordance r.rith recomendation by Commission. Eotion seconded by Bredesen and carried, Appficztion by Caegele Advertising Cor, for IzGrandview 2W ,=Ewald Dairy,11 si& atop roof at Gqndview Wket, 5009_Vernon' Axsnue, was preser$ed,, ,No acbion taken. Petition, now signed by 77.4% of owners of abutting properties, for-Grading of @.ley between I1.56th and ?f,!j?th Streets ahd betweeq Pork and Xerxes Avenues, was presented. Dqens moved that Put$ic Hearing be set cor Eidndax, Hay.&, at 7:30 Claim for damages to picket fence, amount $40.00, filed by Carl Fe Swenson, 4501 Oak Drive, was referred to Village Engineer Olsson for yeport Feetag, by motion Child, seconded ky Bredeszn and carried, Village Engineer Olsson requested thai he' be ;zllor.red to repla& curb on Village omed lo$ at 50thrand Wooddale, to keep "parkers" off the lot, Village Attorneyts report 02 April 17, %ha?; Nr, TTOD, Gordon &U &ant easemek _- across his propezty for water-main to service =@rook Addition for>the sum of $3OO,OO but with no right to connect to water gain, was yead. &@ld moved that. Village Attorney IIindhorsE, be authorized and directed to-complese negotiations for easegent on t@s basis, Notion seconded by Danens and cwried, Petition, undated, for the Ohg of Fairfax AveLue between W.59th and S'T.6Oth Streets, was presented, sai* petition ,carrying signatures of- pners of 36 per cent of abutting properties. oiling petitions be considered-at the game Public Hewing. petition be accepted but that project be tak$ed'Tun%il such tge as oiling program for smer is presented, Hotion seconded by Danens and carried, Petitions da$edA@r% 9, 19%, and'carrying signature; of 'owners of 56 percent ' of abutting properties, requesting Water and Sewer Ikin Ihprovements 5x1 Vestbrook &e between I?,L$3th and B.49th Stre.qts, -were reviewed by-, Council, Child!-s motion, setting Public Hearings -on proposed improvements for Hond+y, Kay 3.4, 2951, at Indian HiI&s Additionpas read, Child moved that request be regerred $0 Bredesen and cFried, * .- . ' . + Y. -_ * -. * -3 . P,E, Eotion,seconded by Bredesen and. ,carried. -* I. 1 -. regular 5 I Discussion was had, and hatter vas tabled. * r) . Village Engineer Olsson recommended that all Child moved that -- . 7:30 was seconded by Bredesen and carried. -. 4/23/51 . Claim for damages to the property'6f Iclr, Van Tif. Sufi?, 4539 V, 56th Street, as result of Village tar kettle and was--tabled yntil reports may be received fYog Police and this matter, Compliments for' F-ublk; Works Departme;;, from Edina Highlands Corporation, and from &s . W.B. KMg,' 16- JVoodland Road, were read, Village Er?g*eer being Nk. A. 'E, Swankets suggestion of April 17, that Council mend Ordinance Covering inciner&ors, malsing it gecespry to place same at cogsiderable distance frombuildings, was read, and was referred,to Ordinances and Legis- lation Cohttee by motion Child, seconded by Bredesen $nd carried. direc3ed t-o answer .:&ne ,-. *, ._ -. - -. . April 15th request by &. P:J.Wedge, 4515 &exel Avenue, for allowance of discount on bill paid after discount date, ,was read. "Revised Cis1 Defenie Bill,!* as forwarded to Council by League of Mhnesota Petition Opposing Ubkary, signed by eleven properiy owners, was. read, moved that petition be accepted and be filed, for rgference, Notion seconded Danens moved that request be denied, Kotion seconded by Bredesen. *- *. XrglicipaLities, .was ieferred-to Civil Defepse Qommittee. - -. Child I by Danens and carried'. -. Appiications for the following licel?ses* were* received. Danens moved that licenses be gi-anked a& follows: .. Donald E. Hemp dba Don's Lunch Ijenry H+rem, 97.40 * HmboLdt, Ave . So. 7 Plumber 1 s License Harry S. HorwLta;. 318 South 3rdr,St. --,Plmiberr s,fricense, - Food Licenge Motion secorjded by CGld an4 carried.- - @- Engineer Olsson reco&ended an increase in "the 'chpge nade to plumber's for repairing-of streets, *asking that a charge of $510.00 be .,made for .holes in non-blackkopped streess; and $20.00 for holes in blaqktopped or oiled streets. Child moved khat I&, dlssonts, recommendation be accepted, that such charges . be made, and that..if {his mgans amendment to Village Ordinance, .Village Attorney &e directed to draft such amendment. Notion sqconded-by Bredeseg and carried. .Building Ihspector 1foe"hler reported that has cleaned up this-yakd. Building Inspector koekler reported Statewid; P1;mbiPg Company * s application for'refund of @,5O, fbr duplicated permit. be es%abli'shed. $fiereby' part of fee could be retain-ed by office for bookkeeping expense in such cases. Attorney reports on mattqr. Clerk Hawthorne returnid to the Meeting at ihis*point, ' Piumbing ,cbmpaq,, 5501 France, Child moved that Pltqberts License be granted, Motion seconded by Bre'desen_and carried, * ~ .a- w. Woehl$r asked,that policy Cud rnovedthat action be pogtponed until Village Motion secqnded by Bredesen and carried. Petition for Grading a6d Gravelling of Fairfax Bvinue between W.58th and W159th Streets, sign@ by- orm6rs .of 62% of abutting properties, was read, Child-ploved that petition be accepted and that Public Hearing beget for Honday, Hay 28, Hennepin Coun~y&gr~cul.turaJ. Society! s request for contribution to Hennepin County Fa* IGLS again reviewed. Child mdved for payment" of Village Pa$roll, amoupi $5,307.31 and kquor Store TayroU. amount $6Ol.89,* for-period April 16~ to 30, Tnc., and Special Pay31oU, gnount $67.18 for perio'd April 2 to& Inc., all a_s recorded-in detail in payroll, journal, and for payment of the following C$aims, Motion seconded by Dams and carried, CLADi NO, T& 5796 a H.A.Bogerk Co-. , 16.38 1951 at 7:30 P,PL Motfon seconded Qy Bredesen and carried. . -_ No action t aken, . @OUNT . F& .. . Construction Bulletin $-:2&900 -. ,_ . .( I 57135: e.'< 5798 Suburban press . 122*49 5818 jEU Gordbn & Helen Gordon, Wife * 300.00 $492.87 5 807 &A. Seifkrt 3.75 ~. GARBAGE FUEJD . 5 E309 W.6. SchuLer " ' 3.75 5766 5767 5768 5771 5772 5773 5774 5775 5776 5794 5795 5796 5797 5798 5799 5800 58Q3 5810 5777 5178 5779 57% 5781 5782 5783 57% 5785 5787 5788 5789 5790 5741 5792 5793 5794 * . 5799 5801 583.3. 583-2 To: . * J,r:;T, Voigt Busbess Hachine Co, - Ec-hard 0. Uartin--E$ina Press @orell & Nichols,-.kc. , 623.25 Village of pdina-IIa$er De-& 15 *04 Senco Oil Co. 8.15 we Holm, Secy. of State-Motor Dept. - 080 The Phoenix-Insurance Go. . 10.00 kichgrd 0. Ewtin-Edi~a Press ’ =*3Q. Glenn Jobson Contr@Ang_Co, m.43 Fred L. Gray Co, - : 7.50 E.Theo, Olsson 97 50 General Sectric Co. 105.75 4-50 American_ken Suppb Go, *. Construction Bwetin ~ 18.80 H.A.Rogers Cos t 1.39 Fier Davis Go. 136.45 ljorthtiestern Bell Tel, Go. 59.35 The Young Fuel Go+. * 47. 66 %.c. .Pfeiffer 76.50 3898.00 Twin Ciiy ?es%&g & Erg. Lab, 47.30 Ftihn Hotor go. 108.02 j3$ba--Pure Oil Coo 26.00 Hopking Uotor Sales 30.24 ’ kAxal GgneGal- Agency 101.29 &%tual General Agency 55 -48 General -Truck &-Equip Co. 8.06 standard.Spring Go. ‘I 68 H.R. ToU-CO. e, * U.61 4. 62 13802E Leef &os., kc. ?@s . .. Iron. St ore . 59.90 Phillips Pe@oleum Co, 188,05 Suburban Chev. Go. 78.15 &ls. Gas-Co, U3 .83 kericw wen Suppu*~o. * 3.00 qorthwestern Beg Tel. -130, 15.50 Town & Country Hdwe. Cot *u Ilejnhard Bros Co. 136.22 Brookside. Serv. Statiin = 609 53 Suburban Press, Inc. 17 8 51 I$, I-I~ Ziegler eo., kc. . -... .. *- ’ I)ependable,Eotors, -,%c. 207 92 I) 1 VoEo Lahr CO, I mer-DaGs CO.- nddressograph~~~~tigraph Corp * Norkhmstern Bell Tel, Go. Young Fuel Go, - . m Town &,Country Hdwe, Richad lbrtin--Edina Press I$ttual C+neral Agency, he. Badger BJeter Hg. Co. . Northerg States Popr Co. Eidland National l3ank Va1.B jorpson, Tress. George Ben2 Sons, Inc, Distillers D&fiributing Go. Famous Brands, Inc. .8 Griggs Cooper &.Co, gcKesson & Robbias, Inc. Sd-West WQe GO. I. Old Peoria Company ijd. pmp &sons GO. $ii.sa Wine House _. &heusgr-Busch, Inca ‘ Canada Dry Ginger Ale, Inc. glausen.& Sons, Lg. .. soca-Cola Bottlipg Co, . Cold spring Distributing Coo $orn&s Beverage Co. ~ 0.31. Droney Beveragg Co. Pyek ,Brewkg Co. ICue%her Distributing 20. Ea* L0lplan-n cmpny 1. . *.- .. .. .. 37.32 - 7.20 U.50 59.53 4*52 10.65 2-17 69,26 ’T?ATER DXPT, 2% 536.08 ’ * . . . . . . . . 9- * -738293 162 80 50 .I3 656.75 1,096.79 719.74 427 . 66 ’ 81.34 - 2,043.75 29429.43 I. 360.62 ‘379.80 * .. 76445 196.51 84.66 18.50 79.70 132 010 226.15 166.05 %A5 617.ko - .I 4/23/51 CLBD4 NO. 41397 *.' 2 . U398 TO: Gold Medal Beverage. Company Minneapolis Brewing eo. Morris Distributing Go. Pabst Sales Company _I purity.. Co . , &cO Rex Disfyibuting Co. Seven-Up Bottling Co. F.J. Paper Eo. dorthern States Pper Co. N.W.. Bell-Tel. C_o, .. yillagg of-Edina-Water Dept. @erica Ligen Company , j$r. andErs, A*€& Stenson Egs. Lydia E...&y - - &SSOlt BotfZing Coo She-11 Oil GO, ~ ANOmT To 39.02 12.70 COMPANY, ITS SUCCESSORS AND ASSIGNS, '?&E RIGHT 36 NA"ACTLk& IMPORT, TRANSPORT, SELL, AND DISTilD3UTE GAS FOR HFZATING, II;LuiLINATING iND OTHIB PURPOSB IN THE VILLAGE OF EOINL, AND TO USE THE STRE;ETS, AVENUES AND ALLZYS T-OF FOR THAT PURPOSE,rt being an ordinance adopted October IU, 1946, is hereby amended to read as follow: "Section 5. STWDABJIS~OF S%RBICX. me company sw at times provide ' and fuqtish an aclequate,~.~,tqf~,an~..con~inuous supply of gas to the village and its inhabitants, subject, however, to €he further providsions of this section, The Company sells and distributes strkght natural gas throughout its entire gas distribution systagi, tJhich is located in the City of Minneapolis, Hinnesota, and in a number of suburban communities and in $he territoSy adjacent to and near tlr;le said city. The natural gas distributed by the Company is furnished by the pipe l&e system owned and operated by Northern Natural Gas Company, a ltnatur61*gas comp&,ll under %he Fbderal Natural Gas Act, which *subJects said Worthern Natural Gas Coxnpany to the &rris@ction of the Federal Power Gomission. shal,l,the Village, or any inhabitant who is a--custoier of the Compqy-, be liable to $he ffompany hereunder by reason of thg fa.ilure of the Company to deliver, ar W-the Village or va customer to recqive, natural gas-as a result of acts of God, or the-public enemy, inability of pipe line supplier to furnish an adequate suppxy due to an emergency, and order or decision of a public regulatory body, or other acts beyond the control of the party affected. Whenever any of the-occurrences named above take place, the Company shall have the right and authority +d it shall be itw duty to adopt reasonable rules and regulations in connection with liniting, curtailing, or allocating exten- sions of service or supplying of gas to any customer or prospective customer, and withholding the supplying of gas to new custonrers, proyidedthat.such rules and regulations shall be uniform as applied to each class of customers, and shall be nondiscriminatory as between commUnities. "The Company shall have the right to contract for the sale of gas for indus&rial,use on an interruptible basis, requiring the customer to have stadby equipment for use upon notice by the Compw. The Company's rules, regulations, schedule or contracts for curtailing &ntFrruptible gas service shall be uniform as applied to each class of interruptible customers. . !:The Company shab not be liable to the+Village or inhaktaqts, nor ' IfIf service is temporarily suspended because of any of the reasons.set forth above,.-occurring throughlno fault or negligent act on the part of the Company, . such suspension shall not be made the basis of aqy action or proceeding to termi- nate this franchise, same as that sold to the :Conpanyfs customers &n the City of Einneapofismit its pmgagF.:and publicatton. Th6 quaLi%y of the gas sold in the Village shall be the r. - - SECTTON 2. This or&ance shaU take effect and be in force from and after Hotion for adoption of the @Wance was se there vere five ayes, as po&lows: Bredese HaFrthorne, aye; and F;ric$on, aye; and the .. . t" byor * &gihe&r-Q&son presented. estimate of cost for Street G&ding, C&b and Gutter, +detmUr +d Bituminous Surfzce, for K54th Strget from Erame Avenue to .&me- haha Creek, total estimated cost being #15,6$0.59, or &*02 per-assessable foot, if .assessed against abutting properties.only. &. Olsson was requested to . prepare new estimate, following suggestions made @ypCoacil, Mrm Olsson requested that an additional vehicle be pkhased, for &e by either jhgiqeers or Building Inspector. Trustee hens recommended a ggcarry-dll" for qse of the engineers, .Haidihorneis,motion, ,that Council advertise for bids for one of the following: Pick-up 'Lk.uck, Panel Tmrck*(carry-all type) or Two-Door Sedan, with bids to be--%aken IIonday, kky &, was seconded by Bre$esen.and,carried. . bnenrs motion for adjournmeni' was seconded by w p ** . ". a. . _-*._- .-*----_ 1 _*.. PIembers answering R0UcaI.l were Bredesen, Child, Danens, and &ickson* Deputy Clerk Gretchen Alden acted as Clerk, &nutes of the Regular Neeting of Eiarch 26, 19a, were &ended by the substitxibion of the phrase, !!Attorney Donald Bu.rris,lf for the phrase "Attorney Russell Smi*h,1! as ICr. Paul Denuisonts attorney;. and Mbut,es* of the Regular IbetingB of April 9 and- 23,.-and the Special Xeeting of Apx5.J Ut, 19%, ere approved as submitted, by S4btion Bhild, seconded by Danens and carried, Eapr E&ckson called Public Hearing on propsed Sanitary Sewer I-ilain Extension in T.Jestbrook Lane between.W,Wh and W.49th Streets._ It was qmounced that the @burban Press had failed to enter-publication for Uotice of Heaping. Childts motion, that Public Hearing be re-set for Xonday, June LI, 1951, at 7:39 P.&, was seconded Public Hearing w& next called on the prol;osed IMer &in Extension in W&tbrook we belween lT.@th and T?&9th Streets. Affida-$$t of Pubucation of Moteice of Bearing, in Suburban Press, I<op&ins, on April 26 qnd Ngy 3, was read. Engineerrs estimate, in-total amount of. $4,538.43 as against 996,413 assessable fee$, or &&5 per assessable foot, was read. There were no objectors from the floor, and the Glsrk had received no written objections prior to the meeting. Child offered the following Resolution and moved its adoption: ,. I Danens and unanimously carriedr I -= .. KESOLUTION OFJIERING I"ROW.IENT TTATEEt.MIH OW^^ ESO. 36 €33 IT IZESOLJED by the Council of-the.Village of Edina, 'EGnnesota, that this Council heretoforq-caused notice of hearing to be duly published on the proposed bprovemen2 consisWng of Construction of Water Efaiu Extension and Appurtenmses in Vestbrook he betxeen W&th and Tf.kS)th%reets, aqd at the hearwg held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully-advked of the pertinent fscts does hereby dekermine to proceed with the c nst cti of said ent; that said improve- merit; is hereby designated/@d %&FabRgomE2@Kir a essed therefor shall include all lots and tracts of land abukting and fronting upon the streets in wMch said improvement is to be constructed,