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HomeMy WebLinkAbout19520428_ADJOURNEDI 5/5/52 1.- OF THE ADJOURt3ED F0E;TION OF THE I J APEIL 28TH I*mTa$G OF THE EDIUA VILLAGE CO-UNKCL, HEID ItONDAY, I.'wY 5; 1952, AT 7:30-P.M., dT THE XDIi?A VIL1L23GE HALL, r Hembers answering Rollcall were Child, Danens, and Erickson, with the other members coning later, as recorded below. I. Ike Ralph Wormsbecker requested franchise for construction of water main on France Avenue, of Council irill be present. Trustee Bredesen arrived at-this time, lek. and 1.k~. Harveyhdresen, 1822-llth Avenue South, petitioned for permit to move the old Stow home from 5540-Normandale Road to 5313 West 60th Street. written approval of several-of the neighbors, -Child*s motion, that petition be referred to Builag Inspector for his report at the next meeting,-and that Public Hearing on petition be held-at that time, was seconded by Danens and carried. ltrs, Roy Landstrom, 5633 Izoodda3.e Avenue led a-delegation pleading for relief from dust on Vooddale Avenue, stating that the dust condition, besides being decidedly inconvenient, comprises a definite health hazard to those in the neighborhood suffering from allergies. Delegation informed work wuld be done at once. Atdelegatih from Tloodland %ad requested that Council oil the street to lay dust until such time as street can be prepared for blacktopping by regzading for drainage. Clerk Hawthorne arrived while Ilke -Nevquist of Harrison Avenue was requesting the oiling of his street not later than tomorrow, to relieve his neighborhood of bad dust conditions , A petition, signed by 9873 of the property owners on Richmond Drive between Highway lo. 100 and Richmond Circle, was presented by a gentleman who requested that emergency action be taken to oil the street sothat property owners could remove their * storm windows e After hearing the above pleas for oil and W, ZtitcheU's report d the especially dusty condition throughout the Village, considerable discussion was had and Hawthorne offered the followhg Resolution and moved its adoption: He was asked to wa5t until later in the meeting when a full representation I They presented 1. c - 1 f c -- - - -* "CC I -r - EESOLUTION. FOR Z*mmCY OILING .J have been filed for-either Oiling or Blacktopping, the Village Hanager and Zngineer be and hereby is authorized to proceed immediately with application of oil; said work to be done in advance of Public Heeings for bprovements providing said Nanager-deems it expedient-and in the interest of public health and safety so to BE IT FURTHIB RXSOLVED that this measure is taken by this Council as an emergency measure only, to dlleviat~xtn unhealthful and hazardous dust condition,' Xotion for adoption of Resolution was seconded by Child, and on Rollcall there were five-ayes and no nays, as follows: Bredesen,. aye; aye; Hawthorne, aye; and Erickson, aye; and the Besolution was a ATTEST- aE IT XE3ClLKEXI by this Village Council that in a31 cases where proper petitions Q. - do e - *I yy @---9 +. 7 c I. Villagg Clerk' Hathhorne's motion, that the Village Nanager and Engineer be authorized to make emergency dust coat applications of oil as rapidly as possible, and,trithout assess- ments, on blacktopped streets which have broken up, was seconded, by Danens and unanimously carried. - Hanager 1iitcheI.l advocated the scarifying of broken-up blackLopped streets, in order that pelcinanent, ratler than temporary, repair be effected, directing Village lhnager to arrange demonstration of a pulverizer, was seconded by Bredesen and carried. The matter of blacktopped streets in Valley View Heights and Countryside additions cane again before the Council for consideration, Hawkhornets motion, that Council advertise for bids forthe reconstruction of streets in Val1eyVier.r Heights and Countryside Additions, with said bids to be taken Xonday, June 23, vas seconded by Child and carried, -* HarSnorne's notion,. Petition was presented for the Blackbopping of York Avenue between W,58th and TI, 59thStreets. be set for Honday, Iky 26, at 7:30 P.I.I., was seconded by Hawthorne and carried, Childrs notion, that petition be accepted, and that Public Hearing 5/5/52 The follovring petitions, filed this evening, or earlier, and all signed by a majority OP abutting properties, were reviewed. HavhhorneIs motion, that ' Publjlc Hearings on the following Oil&g and Blacktopping petitions be set for . &Tonday, May 26, at 7:30 PA, was seconded by Danens and carried: 1. 2. Blacktopping-%ood End Drive 30 Biling-Woodland Road 4. CLrcle r 5. 6. Blacktopping-Dalrymple, Southview Lane to Lakeview Drive . Oiling-Richmond Dr5ve between State Highww No.100 and Richmond Oiling-W&9th Street, OaKLawn to Kellogg Oiling-If.59th Street, Wooddale to Fairfax. 142. Richard ITo Giertsen,48lO South Lakeview Drive, who stated that he was speaking for themajority of his Lake Harvey neighbors, requested that the high water level of Lake Harvey be established at a point fourteen inches below its present level. established at the point requested by the Lake Harvey area residents, was seconded by Danens and carried. For himself, Nr. Giertsen requested that the intake structure at the end of his lot be constructed as far out into the lake as legal line of his lot. on this. Hawthorners motion, that the water level of Lake Harvey be He was asked to work with Nanager Hitchell Mr. Ralph Wormsbecker requested that Council grant Dtlircy Leck Construction . Company a franchise to construct a Water &in in France Avenue from 7~60th Street to Wo6&th Street, and in W.66th Street, from Frake Avenue to Yo-rk Avenue, wi$h provisions to be on same basis as the Peder I%.cke$sen franchise. Nr. 'Ifomnsbecker then asked the Council to'approve the Preliminary PLat of 'lHollywood I4anorIt which had been approved by the Planning Commission before it was kno-wn that Council would not subsidize a water main for this dubdivision; the difficulty, here, being that the Village Ordinance prescribes certain minirmUn lot requirements for subdivisions "where sewer and water are con- templated,*' which requirements are met by the present preliminary plat of '!Hollywood.I&mor!j which (under the new plan for franchise) VU be served by water but not by sewer. Hawthorne's motion, for Councilts approval in principle of a water main franchise, directing Village Hanager to prepare plan for area assessable for connection charges, and requesting a recornen- dation from the Planning Commission on proposed Pre1imina;ry Plat, was seconded by Bredesen and carried. Mrs.rLucille Nolan reqyested permit to construct permanent aluminum canopy five feet wide, onr the sidewalk at their building on 8.50th Street. recommended this construction, and Bredesen moved for approval of permit. BIotion seconded by Hawthorne and carried. Bf2.r Hitchell r- Motion by Hawthorne, that Council set Public Hearings on the following Child and carried: Drive, \ and 1~60th Stree, from St.Johns to a point 135 feet. East of Fairfax. , petitions for improvements for Monday, June 9, at 7:30 P.l4.,ruas seconded by Cubb and Gutter in Dalxymple Road between Southview Lane and Lakeview Grading and Gravelling, 3t.Johns Avenue from V.59th to rtT.6Ot;l Street, Grading and Gravelling of the North-South alley between- Abbott and I 1. 2. 3. - . Zenith Avenues and between W.5&h and W. 59th Streets. 1 .Manager Eitchell reported that he has asked Tvrh City Testing Laboratories to make test holes on Wooddale Avenue; that grade must be changed to take care of a bad drainage situatioh at 5%-h Street; that if grading project is to be correct, there must be eight or nine inches of compacted gravel applied, and a coat of oil, with the prospect of blacktopping next year; that this project vdll cost somewhere in the neighborhood of $9,000. Hawthorne's motion, that 3lanager be direcked to prepare plans and specifications for the repair of Wooddale Avenue from Tower Street south to Valley View Road and that Council advertise for bids on project to be opened Nonday, June 9, was seconded by Danens and carried. The matter of Village repair to st-reets disturbed by sewer and mater contracts was brought up for Council consideration. to bill contractors for. costs of projects on'which moneys have been spent for street repairs, w?s seconded by Ekedesen and carried. A'phn for the RedickxktLng of the Village to twelve voting districts was presented. Hawkhornets motion, approving plan and directing Village Attorney to prepare the proper resolution for reqistricting, was seconded by Child and carried. Child's motionyapproving purchase/for $3,000 of one-acre tract South of school grounds, in 1RXL/4 of SNL/4 of Sec.19-T~p.28~R.24, for water tank site, and con- firming action of Ma;yor,Clerk and Treasurer in signing Earnest lfoney check in amount of $100.00 for same, was seconded by Bredesen and carried. Notion by Havrbhorne, directing office from Virpinus Stolzman Considerable discsussion vas had as to the Paying of France Avenue. report of April 28 was reviewed, Hawthorne offered the following Resolution Iknager . NitcheU &.led a report as to 1.Iorningsidets views, and Attorney Windhorstfs and moved its adoption: - €lESOLU"ION ORDERING D@ROWLilENT--- PA?IING, CURB AWD GUTTER IN FRANCE i ASRNUE-- Sw IKPROVEMENT N0.E-1 ..- BE IT PZ5OLVED by the Council of the Village of Edina, ?.Iinnesota, that this Council heretofore caused notice of hearing to be duly published on the proposed improvement consisting of the following: c- hprovement of the Edina side of France Avenue between the North Village Limits and M.49th Street and between W.5lst Street and a point 2l4 feet more or' less, South of B.54th street, by- Construction of Concrete Paving therein, Constructick of Concrete Curb and Gutter at such points as 1. 2. curb and gutter is not already insballed; and at the hewing held at the- tiqe and place sp-ecified in said notice the Council -has duly considered the views of all persons interested, and being fully advised ofthe pertinent facts does hereby determine to proceed with the construction of said improvement as follows: Improvement of the Edina side of France Avenue between the North Village Limits and the existing paving at W.49th Street and betyeen %;be existing paving at ?%5lst Street and the South line of N.54th Street by- . 1. Construction of Concrete Paving therein. 2. curb and gxtter is not already installed; Construction of Concrete Curb and Gutter at such points as ~ ,that said'rimprovement is hereby designated and shall be referred to in all sub sequent proceedings as Street Improvement No. E-1, and the,area to be specially assessed therefor shall include all lots and tracts of land abutting and front- ing upon the street in which said improvement is to be constructed; said assess- able properties to be assessed one-third of the cost of construction of concrete p2;ging, and all the1 cost of cons$ruction Df concrete ,curb and gutter$ except that the property abutking and fronting up09 the street in w-hiclt said improvement is to be constructed which is zoned for Gonmmity Store District shall be assessed for a11 of the cost of construckion of said concrete paving, curb and gutter. . Eotion for adoption of the Resolution was seconded by Dnens, and on Rollcall there ayes and no nays, as follows: Bred ,. aye;- and Ericksop, aye; and the Re C q- - Hawthorne's motion, that $Imager 'and Engiheer be authorized and directed to proceed tjith preliminary steps to prepare for paving; ioeo, tb notify Northem-L States Power Company to move its.power poles, Himeapolis Gas Company to make the Froper main installations, and %rin City Rapid Transit Company to prgpare to remove its .tracks or to play the tracks and pave betyeen them, vas secon.e'd by Child and carried, Ikfanager NitcheU. inquired as to Council's preference for France Avenue curb height; stating that I-Znneapolis has the @I, and that this curb will serve.as a . more adequate storm sewer than the 611, whereas the 611 will be more advantageous insofar as driveway approaches are concerned. curb on France Avenue be constructed six inches hfc$h, was seconded by Danens and carried. Petition for Storm Sewer in Beard Avenue between IJ. 57th and 1:. 58th Street was presented, togetl?zr tiith office notation that the area which would be assessed for this bproveaent is part.of the area already to be assessed for Storm Sewer hproveBent Ho, 21. Child's motion, that action on petitio? be postponed until June 9, and thzt then the petition be considered in connection with Storm Sewer No. 21, was seconded by Bredesen and carriedo Council reviewed Hanager Ei.tchellts I&y 2nd report advocating purchase of a 24" llhirlwind Power Uowr at cost of $452 less $28 tax, less $50 trade-in allomnce for Village Tor0 mwer which is now in disrepair. purchase of 24" Vhirlwind Newer in accordance w5th Iknagerf s recommendations, was Discussion was had of Eianager EEtchell's l.hy 2nd recommendation for purchase of Bevere Tape Recorder at $205, less trade-in allowance on Police Departnent %.re Recorder, of $90, or $U5 net. to purchase tape recorder on basis of .his written recormtendation, was seconded by Hawbhorne and carried. I: Child?s motion, that concrete I z * Hawthorne's Riotion, authorizing seconded by Child and carried. 1 Child's motion, that Village I.fEanager be authorized -. - 5/5/52 73 Attorney Virgil Hillts Iky 2nd letter of transmitt-. of hendment to Dog Ord.inance, and of Dog Control, Contract, was filed and reviewed. offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as read: Hawbhorne AN ORDDJAXCE &4E"G THE OI1DIIWJCZ LImSIlSG AND FiEGULATTNG DOGS, PROVIDING FOR DPOUI\TDDJG DOGS, AND PEESCRJBING A EQJKLTY FOE VIOLATION, ?llXlXH PASSED TIiE V2T,Uia COUNCIL APRIL ll,1949, The Village Council of the Village of Edina do ordain as follows: Section 1. Section.'8 of the ordinance licensing and regulating dogs, providing for impounding dogs, and prescribing a penalty for violation, which passed the Village Council April ll, 1949, is hereby mended by increasing the fee for each day theedog is confined from 75$ to #LOO. tion of the following paragraphs:' + shall be locked up for at least fourteen days separate and apart from other dogs and under the supervision of a veterinarian until it is determined whether said dog had or has rabies. carrying out the provisions of this paragraph shall be paid to"the Village by the owner of such impounded dog and such costs may be collected by appropriate action in the Nunlcipal Court of the Village of Edina if resort . thereto becomes necessary to collect such cost. kny,dog known to have been bitten or exposed to rabies shall be picked up and destroyed, provided, however, that such dog may be immediately killed if with reasonable effort it cannot first be taken up and impounded. If so picked up and impounded, the dog shall not be destroyed if the owner thereof makes provision for a suitable quarantine for a period of not less than six months or proof of imnunizationis furnished and booster injections are given by a licensed veterinarian at-the expense of the owner of such dog. after its passage and publication according to law. Notione for adoption of Ordinance was seconded by Bredesen, and on Rollcall there aye; Danens, aye; Section 2. hy dog that has bitten a person shall be taken up and impounded and Section 13 of said ordinance is hereby amended by the addi- The cost incurred by the Village in Section 3. This ordinance shall be in full force and effect from and ' A ,"Dog Control Gontract , DeXuth, dba Nerrihill Kennels, was presented c.for Council consideration. r After some discussion, Elawtinorne's motion,that Contract be approved and that Mayor and Clerk be authorized to sign the same i& the name of the Village, was seconded by Bredesen and carried, The matter of Blacktoppirrgthe streets of Parkvmod ?&101ls 2nd Addition came again before the Council, with the filing by Carl 14. Hansen, developer, o$ written approval for the gravelling of these streets, with the cost thereof to be included in Blacktopping construction cost on assessment basis. that streets are still not in condition for construction "and recommended that construction be delayed. John Boreyrs protest against assessment for two tracts'. of land,' Sanitary Sewer 3-1, was read. Hawthorne-moved that Manager and Deputy Village Clerk be dikected to study possibility of increasing assessments on these properties. Child and carried. with John - Nanager Nitchell stated. Child so moved. Motion seconded by Dankns and carried, Letter citedthat properties across street are assessed lower, and Hotion seconded by 'I I -Manager 3Etchell requested Council meet in special session for adoption of Job Classification Ordinance. Legislation Committee for study and report at ne% regular meeting, was seconded by Hawbhorne and carried. Childrs motion, referring matter to Ordinances and The matter of 'the Street Car Right-of-Way to Hopkins wai again discussed. Hawthorne's motion, that Village of Edina is not interested in spending any money on this project at the present time, was seconded by Bredesen and carried. Mayor Erickson reported a near-droovming in Nimehahz. Creek Sunday, of one of the Country Club caddies. some Yength, and Child moved directing Village Nanager to notify Country Club Association that caddies must be kept under control. and carried. Caddy activities, including hitch-hiking, were discussed at Notion seconded by Hawthorne 5/5/52 I-Ianager Ifitchell reported Nr, COIL Hansents request for pekmit to build for Cedric fidams on a metes-and-bounds description within the territory .r.r'nich .r.rill eventually be platted as part of the ~~Parkrmod Knollstr subdivisions, but for r.rhich no preliminary plat has as yet been presented, granted vas seconded by Child and carried, 3redesen moved for adjouhment, &lotion seconded by Danens and carried, Neeting adjourned at 12:15 A.?L , Tuesday, Ik. Nitchell conveyed ' Building Inspector's report approving, Hawthorne's motion that request be ? F . Vfllage Clerk .* - \ lrembers answering Bollcall were Bredesen, Child, Danens, Hathhorne and Ericlcson, IEnutes of Regular Ueeting of April 28 and Adjourned Portion of April 28 Iketing held Ronday, 1%~ 5, were approved as iBnbmitted, by motion Hawtholme seconded by Cnild and carried, I-hyor Zrickson announced Public Hearing on proposed 'iIater 1kin Extension to serve Virginia Avenue Addition and a district of some area surrounding it, Affidavit of Publication of Wotice of Hearihg on Proposed Water Hain improvement,^^ as it appeared in Zdina-Xorningside Courier April 2k and Nay 1, 3-952, JJas read, approved . as to form and ordered placed on file, Engineer Hitchell explained that to serve areas outside- of Virginia Avenue Addition it will be necessary to construct 1211 and 10" trunk. mains from the Southview Lane Fumphouse south on Concord Avenue to 1~60th Street; on Concrd from W.60th St. to V.62nd St.; on Vooddale from T7. 61st St. to Valley View Road; and on Valley View Rd, from Wooddale Ave, to Highway No, 100; plus the necessary 61' mains within Virginia Avenue Additipn itself, This construction would mean an estimated Trunk assessment of &34 per front foot for all properties within-the district set forth in Notice of Hearing, and $4,67 per front foot for all properties within said district r&ich can be directly connected to sewer; the total estimated assessment for,trunk line being $j33,=7.09, and for the lateral, 868,281,65; As an alternate, with 611 mains to serye Vjxginia Avenue Addition only, (which would preclude connections by any other properties unless larger mains are constructed at a later date) the cost r.rould be approxi- mately $50,027.22, or a total of $14.07 per assessable foot for those properties within Virginia Avenue Addition. Nr. Olson of Virginia Avenue Addition spoke in favor of'the large project, stating that developers are anxious to have water but do not feel that they should pay for future service to others. &, IId+Iahon, interested as a house builder, spoke in fav&, Harry Jonas,4833 Valley View Road, and K.G,Sundquist, 5944 Concord Avenue, all objected, on grounds that trunk construction is premature in view of present undeveloped state of most propefties within district; that cost will, be pro- hibitive to those owners T.z'no have undeveloped properties, Some discussion was had with regakd to the possibility of Virginia Avenue developers obtaining a franchise for trunk mains; and Child Tdoved that project be referred back to Public Utilities Committee for study as to franchise plan for wter improvanent, by Hawthorne and carried. XTexb matter of business was the proposed kezonbg to Commercial District of Lots. 1 to 10, inclusive, Block 2, Grandview Heights Addition. Affidavit of Publication for "Notice of Hearing on Petition to Rezone,*t as it appeared in Edina-Horningside Courier April 24, 1952, was read, approved as to form and placed on file. VBS also made that Posted Notice of Hearing has been made, as of April 21, 1952, on three Village bulleth boards. rezoning v.ns reported to Council by Nanager NitcheU,. the Hearing, and the Clerk had received no written objections prior to the Hearing. Hawthorne offered the followhg Ordinance, moving that Council dispense with second reading thereof, and adopt Ordinance as read: , Nessrs. ,J.H. Otis,61U Iqomandale, Notion seconded I Rote The Planning Commission's recpmendstion for t There were no objections at I-