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HomeMy WebLinkAbout19550509_REGULAR2.- I89 5/9/55 IfIRSUTES OF TJ3E 5EGULA.R IBET~G OF THE I* SDDJA VILLAGZ COUI\lCIL, HELD i.ioxTDny, I$AY 9, llembers answering Rollcall irere Bredesen, Danens, Fronk, Tupa and Erickson. 1955, AT 7:30 P.N., AT TI-E ZDINB VILtLACiX HALZ, -. Invocation was given by Rev. J. L. Ranm of Shepherd of the Hills Lutheran Church. ._ Nqyor Erickson announced that the first matter on the agenda would be the taking of bids on Sanitarj Sewer, 7?atermain, and Sidewalk, Curb and Gutter projects, in accordance with Advertisements for Bids published in EEina-Xorningside Courier and Construction Bulletin on April 28 and Nay 5, 1955. .iUfidavi-h; of Publication for said Advertis-enents were submitted by Clerk, approved as to form and ordered placed on file. Dan@ns moved for submission of bids to Village Engineer for Public Opening ad Tzhlation in his office. Notion seconded by Fro& and *' 'L Later in the evening, after bids had been tabulated, they were presented by the Village Engineer, and found to lje as folloiqs: sm e m im: ~Tm- carried. 15 $$ -x- >C ZC WLV~TEZRY PHELPS- ORF%I & jLQIETT1 SANDSTFL0I.I' PEi'ER BAEBAROS9A ELCe COe DRAflE COO NKELCANT L?t SO€$S Pr 1- W~WTI & NODW $82l&.?O $82475.30 $77693108 $8g201;82 $82182;20 $9039hc.09 112',115,5b #€IO 1x7 50 85 11168 71 lQ&&9 ; Q3 11958. T9 3.4065 . 70 lkY4O . 12 16472 . 30 #81 7582.00 ZIE3a8.30 1~7&0;4G lCr473.Q 7681.0Q 9734.01 9908.00' #= 23l4.00 2421.20 2378.70 2845.00 21&!&.00 2912.30 3388.00 X83 1713.00 1795.60 1692.56 2094.30 1709.00 1985.68 2799.00 #a. 26142.60 27500.74 26392.48 29519.37 28282.20 29669.08 37861.00 #82 1966.50 2223.00 2159.90 2273.44 2178.00 2200,EiO 2t363.50 $83 2222.00 2469.70 2337.35 2412.40 2722.50 2723.29 3197.50 i;85 123619.25 130244.40 12$117.80 129262.35.142555.50 235199.97 172828.50 w .C$35 77793.00 79124.kO 91636,OO 82947.05 €32352.50 96586.35 1094lLOO #& 15832.00 16751.00 17661.10 16947.10 16925.00 20102.13 21577.50 388834.15 403657.35 407966.43 416156.36 422162.20 4.42942.39 544754.05 I,J;LTEEUTN XW 35452.25 39655.00 38707- 9'5 37221.47 39Q67.00 3969.4.57 52352.25 15% 15% 1 5% 25% 10 Days - . - Credit 0 18 1s 0 0 0. 0 Exbra %%.Cost 15% 15% 15% Co.mence Trithin 10 Days 20 Days 10 Days Completed. 1' 0ct.l 110 Days Oct. 1 Oct. 1 Octa 1 Oct. 1 Octo 1 1 Vk!TOR CAljtLSOI'J PI~JCX~TC. $Tz& I $3 , h34.7 5 $3,455.00 On the Smitary Sewer and I&itemain Iinprokenents Bids', it was noted thzt 'ti&. V. Terry Excavating Company is low bidder; 2nd ieview tms had by the Council of the projects constructed and being constructeb by -this contractor in 1954 and at the present time, as follows: DATE OF . Bil?iLOVZ*3IiT &iOUitt OF . ';TO" , sl IfOZK , - - 4/20/ 5 5 exc for Blackbop 9/15/ 54 exc e for Blacktop - Considerable discussion was had by the Council as to past performance by the low bidder, It was reported that complaints have been received from residents and developers that streets are not repaired after the underground coulstruction is cmpleted. find. cleanup and shaping of streets and thzt consequently qore supervision is needed on his jobs. than has ever been awarded to Wm. V. Terry before. fact that the second low bidder has given GI crhdit af phe'~ercen% for ah &ensidn bf one moathr-ovkr -specLfLe@ October 1. camp1ekiontdate.- award of bid to second Low bid-der, Phelps-Drake Co., on basis of low bidder's demonstrated inability to conplete previously awarded smaller contracts within a satisf actory period ad because second low bidder has completed previous contracts within reasonable periods of time ad has satisfac'corily repaired streets upon completing underground work. I-Iotion was seconded by Tupa and unanimously caFiied. Znginser Zikan reported tEat the low bidder-is slow $0 coxplete the It xis noted Ynat this is a much larger single contract Attention vas called to the 3 Danens moved for $90 . 5/9/55 Council then cmsidered Curb, Gutter and Sidewalk bids, and, after compasison on past performance of ttm contractors, acted to axard bid to Victor Carlson and Sons, by notion Bredesen, seconded by Fro& ad carried,, Sone discussion was then had on the proposed dog leashing orcEnmce, and Bredesen offered the following Ordinance, moving that Council dispense with the second reading thereof and adopt as offered: - ORDITJNICE NO, 33-2 &\I ~DZJAXCZ QIMBNDIXG omn.JiAIrcE NO. 33 OF THE VILUGE RELITDIG TO LICDJSIITG An;SD PlEGULATXG mGS, BY BJI?OSDIG F~~ICTIO3IS ON THE RUUNDG AT URGE OF DOGS - THZ VIUm COijTICIL OF THE IlILU\.G% OF EDITJA, 3RiEEWA, ORDAINS: entitled lldn Ordinance Ucensing and Regulating Dogs, Providing for Dogs, and Prescri'rtiulg a Penalty for Violation," is hereby amended to read as follows : ro,l,erl means any person otming, harboring ,or keeping- a dog; !.to run at large! means to be ozf. the prenises of the. owner; and 'private kennel' msas any premises there mre than two dogs over six months of age.are kep% or harbored, such dogs being owned by the ovner or lessee of the premises, and, such dogs. being confined at all times and not permitted to run at large. Se<ction 1, Section 1 of Ordinance 110. 33, as amended, of the-Vil-lage, Impounding Wection 1. Definitions, As used in thes ordinance, ~ Section 2. Wection l4. Best-rictions on Dogs, (a) .Bo person shall keep or-harbor a dog which habitually-barks or cries betveen the hours of 1O:OO €'.I-1. and 7:OO k.'l.T. I (b) No dog shall be permitted to run at large- on the grounds or" any public or semi-public instztutions such as schools, churches or municipal buildings or in business or shopping aezs or stores or commercial buildings, unless it is * effectively Testrsined by ;i chab or leash not exceeding six (6) feet in length, or ur&ess acconparlied by and under the control and. directLon of the owner so as to be as effectively restrained by command as by leash, and unless it wears the collar ad tag above described. up and jmpound ay dog found at large in violation of this subparagraph (b) and deal with it in accordance with the provisions of sections 7, Ef, 9 and 11, No ovner shall permit his dog%to dmage any lawn, garden or other property. IJo more than tim dogs over six months of age nay be kept or harbored at any place; pxovided, hotrever, that no.more than 10 dogs over the age of six months nay be kyt in any private kennel. This ordinance shall be in effect from and after Nay 16, Section 11, of said ordinance is hereby anendedto read BS f ollotis : The police officers of the Village shall %&e (c) (d) , Section 3, - .. -. . .~ 1.rotLon for adoption of Ordinance vas seco were Sve ayes and no nays, as follows: aye; and Xriclcson, aye; and the Or - Bredesen then offered the followkg Besolution and moved its adoption: RESOLliTION FOR CD-S COl4XCi!TEE ON DOG COXCROL ORDIKN?m, BUD Pl?.ESX+ITATIOI~ - OF EECO~.~I.~~IDATIWS AT E~LIC mmmmr E3 IT B.ESOLVED by the Council of the Village of E:dina, that the lkpr appoint a Citizens1 Committee for review of recommendations received by this Council pertinent to a proposed Dog Control Ordinance, including innoculation of dogs for rabies, leashjng, e%c., and incorporation of such recornendations as said Cornnittee thkks are practicable into a Dog Control Ordinance. BE E FU"ltTTHER IzE;joLv%Il that proposed Dog Control Ordinance be presented to the voters at $he 1955 UUage Election. Rotion for adoption of Besolution TELS seconded by Fronlr Eve ayes and so ~ap, as follows: Bredesen, aye; lk&szyd Wonk, aye; Tupa, o RollcaJ-l there were &&J T$ll.age Clerk &yor Erickson announced to the audience that the Public Hearing on a proposed Storm Sewer for €€alifa;x he muld not be had, because hearing had not received proper legal notice. in plans because of I&. Reite's decision on easement location. Discussion was had on new plan and district, and Fro& offered the following Resolution and moved its At this tine Engineer Zikan explained that there had been a change 5/9/55 adoption : 19.1 - PXESOLUTION PROPDING FOR PUBLIC JBXRIXIG -1 PROPOSED STOPJ4 SEXEX Dl€'EO"T Ell3 IT RESOLVED by the-Council- of the Village of Edina: 1. The Tiliage Engineer, having subgtted to the Council a preliminary report as to the feasibility of the proposed Storm Sewer linprovements described in the Form of Notice of Hearing set forzh below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in Edina Tillage HaU, to consider in public hearing the views of aq persons interested in said p'roposed ijnprovement. place and purpose of said neeging 50 be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following f om: the office of the 'Village Clerk. .- 2. This Council shall meet on Ifonday, lfay 23, 1955, at 7:30 P.E., in the The Clerk is hereby authorized wd directed to cause notice 02 the tine, 3. * UOTICE OF HEIIRIPJG PROPOSED STOP!$ SBm DmOWBmT Ilall on Ionday, IJay 23, 1955, at 7:30 P.N., to consider the following proposed improverneat, to be constructed under the authority granted by Einnesota Laiprs of 1953, Chapter 398. Village Engineer as set forth below: I\JoTIcE I3 FEEEBY GI" that the Edba-Village Council t.sill meet a% the Village The approximate cost of such improvement is estimated by the Esll. COST . -- Construction of Village Stom' Sewer and Appurtenances I beginning at Frace Ave.;'th. Eunning West, to Halifax Lane; th. South on Ralifax Lane; th. West to i4innehaha Creek $6,377.40 The area proposed to be assessed for the cost of said proposed improvement 1. is as fol1ows: All lots and tracts of land within-the following described boundaries: Weginning at the NE Cor. of'lot I, Southridge; th; E. a distance of 295 FE.; th. S. lS0 Ft.; th. SEly to a pt.,on the N. line of ht 2, B1. I, Elmwood Terrace, . . dist. 15 Ft. IJest of the NE. Cor, of said lot; th. S. to the S. line of Lot 1, Bl. 1, Elmwood Terrace; th. Southwesterly to a pt. on the-M. line of the N. 55-47 Ft. of the 3. 154.97 Ft. of the E. 197.67 Ft. of the BEl/4 of'the NEl/& of Sy~19,T,28;R.Z&, . distant l40 Ft."lfest of the BE Cor. thereof; th. S; to the M. line of Lot 2, Bl. 2, Elmmod' Terrace; th. SKLy to %he SVJ Cor. of Lot-XL,. Bl.' 2, Elmwood Terrace; th. V. to a pt. 25 Ft. Yest of the E. l$e of Lot 2, Bl. 3,Xl1nGood Terrace; th. Nor-bherly , and parallel -bo the W, line of Halifax Lane to the N. lot line of Lot 2, Block 4, Elmwood Terrace; th. IV. to the PI. line of Lot 1, Southrid-ge; th. E. to beginning.!! GR%rCm S. ALDEN, Village Olerk TKLlage of E&a, , _. Eotion for adob-bZon of the Resolution was seconded by Bredesen, and on Xollcall * there were five ayes and ne nays,'' as follows: Danens, aye; Fronk, aye; Tupa, aye; and Erickson, aye; and the Resol ATTEST: i3r ._* - . .. Public Hearing was held on the applidxbion of &.'W.B. 1kDonal.d for pe&t to build a single-family dwelling on Lot 1, Block 2, Fairfax Addition (5800 BrooFew Avenue), facing said dwelling on V.5&h-Street, rather than on BrooECview Ayenue as lot is platted. Copy of notice of Hearing; Efled 3ky 5, to 'a11 property owners writ& I 500 feet of said lot, was submitted, approved and ordered placed on file. lJcDonald presented- sketch of proposed dwelling, and was questioned by the owners at 5804 Brookview as to setback from both directioris. was satisfactory to these immediate- neighb&rs, ad 'that no other objections had been filed, Tupa moved that-request for permit be granted'. Notion seconded by Fronk and carried . I&. Joseph W. Burke, 5l13 W.56th St., 'was spokemnan for a delegation of residents petitioning for Sanikary Sewer and lfatermain in N.58th Street betiYeenrTingda2.e and Code Avenues. They explained that Hk. Carroll of Carroll Construction IJomp,wy had informed them that "everything had been taken care 'OT. as to sewer and water, and tliat they would have it just as soon as the Village approved;" and %hat they did not realize that they did hzve-to petitiond for the 5mproverneDts. The matter of including this work as a part of the present contracts in the neighborhood was discussed, and this matter was referred to sItk. Hyde for consultation with E?. I;lindhorst. a Public Hearing must be held; and'llr. Zikan told the Council that, because this petition is late and the Engineering Department is -now overloaded with vmrk he hates to promise aj?'ything as to €he scheduling of a public hearhg. Erickson inquired as to any objections to an increase jn. cost if the Village employs consdlting engineers. present. discussed, and this, too, was referred to Nr. Hyde and Kr. Whdhorst for their opinion. was seconded by Danens and carried. Z:&. When it ~Yas founa that set%ack .- Delegation was informed that, iT they wish to be assessed for the work' Nayor There was no objectTon on the part of the delegation The possibility of the owners1 paying -the contractor directly was also - Bredesen's motion, schedding Public Hearing for first meeting in June, 5/9/55 $ko 1.f. Northey of 4384 Thielen Avenue, supported a petition of neighborhood residents for: .. 1. Resurfaciq or repair of V.&th St., West-of Xackey Ave. 2. Renod of concrete abutment on Eorth he.; widening of Xorth Jive., and raising of grade to conform with adjoining atreets. 3. Clem-up of Trqin City Rapid Transit. Company' s right-of-way. 4. Ileplacenent of bridge on W.&th St., over Wcinehaha Creek, with a more su5.tabl.e structure. Some other suggestions were made from the floor, on; lady suggesting that the- streetcgr right-of-way be acquired for park if possible, and sever& inquiring as to the Compmyts disposition of this right-of-way. Bredesenls motion, thak, petition be accepted and referred to &.mger Hyde for investigation and action, was seconded by Fronk and carried. 5k. Calvin Katter qpzzred once again before the Council on the matter of ari =finished dtrelling at 5909 Concord. 15th regard to issuance of bu5lding pennit to Floyd Blakeborough, 5909 Concord Avenue, on October 20; and received-1-tr. Voehler's report %ha% owner has connected .r.;ith sanZtary sewer and has destroyed outdoor privy 5n compliance tdth order by the court, and that oT:ner s%ill has until ,October 20, 1955, to finish his residence. building ad zoning ordinances. Xrso Roy Hollander &rid Xr , hiold Peterson, developers of I.Ienaelssohn Heights, appeared to 5nqukee as to why their Find, Plat had not been approved by the VUlage Engineer. alternatives a& to'their street - 1, To adhere to the original profile, or 2, To grade street in such a manner tlmt all drainage is to the South. B ha'l-f-hourls discussion was hail on the mat$er before Danens moved that Council zccept'li'lr. Zikan' s recommendation? 3Jotion vas seconded by Bredesen and carried. A siiggestion iras then made that a. Storm Sewer might be the real solution to the enlire'problen, and developers Irere asked to get in touch with I&. Z&m as to . estimates of cost on Lnis project. FWil Plat bf Code's Fbst 'Ilcidition, located betmen T1.60th Si. md Vaiey Vi& Road 'and 'just East 030 Highmy $30. 100, was approved in accordance with Planning Co&i2Lgsion1s Uzy 4th recomnendati,dns, by motion Danens, seconded by Bredesen and carried. .- Reprat of Block 10, Itorrmndsle Addition, by Jack Eaverly, was presented, irith . la. Zikzn's eqlaation thzt bond has now been posted for graveling of streets; and Danens moved for accep-bmce in accordance with Plmning Comrnissionls >izy L$,h recornendations I@. Zika;n asked Xre ~&dihorst as to the classification of a Woodworking Shopir under Vne Zoning Ordinance. the era% type of shop contemplated, inasmuch as Tots 15 and 16, Block 1, Brookside Eeights have been recormended by the Planning Commission for rezoning to %omunity Store" District, whereas a woodwdsing shop night come under the Womhercial?l .. Council reviewed proceedings of 'last year 1-iatter rezerred to'l-ian~ger Hyde for check as to violation- of I&, Zilra;n explained that he had qffered developers two c IJotion seconded by Bredesen and carried. * , Zikan was asked to get further information as to -. classiTication, ?- Kr, Lee Bein's prelbinary sketch of his properXy at corner, of 60€h and Bernard Place, being Lot 13, Block 1, Code's Highview Park, was presented; together IrLth Planning Codssion's recommendation that propr&y be divided exactlx in half ins--lead" of the -tmy lk. Nein had proposed to plat. No action tzken. 14r. Zikan reported the Planning Commission' s Ray 4th coDfirmation of 'the Council's eii.rlZer action in approving pl&-for widening Tknk Highway No. 100, South of . f.Te7of& st. _. . . .- . Beplat of Bosedund's Addition, made to correct surve$ng.error, vas approved by motion Fronk, seconded by Tupa and carried; this being in accordance with I Planning ConnissionIm Xay 4th recornendation. . .. Prelimkary Plat of Roy Peterson's Birchcrest, Fifth Addition ~ras accepted by motion Bredesen, seconded by Fro& and carried, recomendztion for approval as of Xay 4. E-, ZLka.6 reported the'Planning Cormnissionls Ea&y 4th recornendations as to the Prelininary Plat of Iir. Robert Olson at HortheaSt corner of V.70th St, and Nighway 100; these beingthst developer consult T.rith otmer or" property adjoining h5.s and work'johtly'with this owner in subdividing both tracts to the best advantage of both; and that 1.k. Olson consult r.fith State Highway Department to get a-codtment from them before he requested action from TUlage au'clorities. Bredesenf s motion, that Council accept Planning Commission's recommendations, was seconded by Fronk Planning Comulission had made ._ ? and carried. 1 c 5/9/55 193 Final Plat of Portercrest Addition was presenJGed, together with Planning Commission's Hay 4th recommendations. Engineering check ad submission of bond for graveling of road. by Bredesen and carried. Fronk moved for approval of Final Plat, subject to Xo'cion seconded 'C " .n Final Plat oF3Seret Ridge, just South of Valley View Road and East of Indian Head Crest came before the- Council-, irith Planniing Commission's Fray 4th reconmendation for approval.? subject- to Engineering check and submission of bond for gravelqg-. Bredesen's motion approving plat-in accordance with Planning Commission's recommendation, was seconded by Fronk and carried. Final Plat of Birchcrest Fourth Addition, by Roy Pe-berson, was approved by motion Bredesen, seconded by Frorik and carried, subject to compliance with Planning Cormission' s IJay 4th recommendations for en@neering check and submission of bond for gravelbg. Hr. Zikan e,uplained that the Revised Preliminary Plat of Karion Gardens-shows a street some seventeen feet %st of that "Shemood Avenuell shown on the origbal PreEmZnary Plat; that utizties are already in Sherrvood Avenue as origindly located. sizes being revised to locate street 'at location in vrhich sewer and mter are already provided. Notion seconded by Fronk and caryiedi Final-Flat of Ypanls Southview Addition, by Boy Petersc+ carried Planning Commission's Eay 4th recommendations for approval subject to enaneering check and submission of bond for-graveling. in accordance with Commission's recommendations, was seconded by Fronk and carried. Planning Consultant Law's land study of the area South of Vest 70th Street in the vicinity of Mornandale Road was presented, together with Er. Stow's request that his I+!+ acres be rezoned to Comercial District, was reported by I&. Zikan. Bredesen' s motion, that action be deferred until Pl-g Comuission* s recommend- ations are received, was seconded by F-ronk and carried. Planning Commission's Xay 4th recommendations -for aiproh. of Town Realty Company' s Preliminary Plat of land 3outh of W.6Oth and TT. of York Avenue were for approval, subject to satisfactory roaa profiles, -turnarounds, drainage being worked out, and an engineering check. BPedesenys motion, accppting Plannfng Commission's * recommendations, was seconded by Fronk and carried. Mr. Zikan presented -Revised Preliminary Plat of Voodhill, vrhich dedicates zn additional seven feet, to -provide for 80 feet of right-of-way Tor V.7Oth St., and reducing number of lot's in plat. of Nay 4 call for approval. subject to submission of satisfactory road profiles and provision of necessary drainage facilities. Bredesen's motion, for approval subject to compliance with Planning Commission's stipulations for approval, was. seconded by Fronk and carried. .. .r Bredesen's motion that Freliminaqy Plat be approved subject to lot Bredesen's motion, that Plat be approved The Planning Commission's recommendations .- The request of 3Ir. E. 9. Freund, for pemnit to convert a single-family ahrelling at 5440 France Avenue to a double dwelling, was reviewed. The Zoning Ordinance, requiring 10,000 square feet per lot for a double dwelling was woted, and it was noted that I-k. Freund's property contains only some 8,000 square feet. Bredesen's Eotion, that TIr. Freund be advised of the provisions of the Ordinance, was seconded by Danens and carried. I&. Hyde reported the request of Nr. E. If. Davies, 5601 Wooddale Avenue, for permit to construct an addition to his garage, within twelve feet of his side lot line. Zoning Ordinance's provision for a 20-foot setback for -garages was reported, but it was also noted 'chat this is simply an addition to an already . existing building, and that building will encroach no further toward the street. One thing that vras brought out was thzt footings had been poured before permit was applied for; and grayor Erickson suggested that contractor Earl Sharpe be given to understand that thi3 is in violation of building ordinmce. moved that permit be granted, on grounds of unusual circumstmces. seconded by Tupa and carried. Iik. Harold E. Eosendahl asked for disposition of his request-that' Doncaster Way, abutting his plat, be graded and graveled. to open hils half the street, with the Village to open the haf abutting its park property at its convenience. Nr. Rosendahl. protested this- arrangement, asking that a contract be awarded for entire street, with assessment against his .properties for half the cost, donate the dirt if the work is done in the immediate future. Bredesen's motion, that Public Hearing be scheduled at the convenience of the Village Engineer, was seconded by Fronk and carried. ' Fronk Xotion He had previously been given permission He stated that he has su-fficient dirt to fill, and that he..rTfill ~ I 5/9/55 1 The followhg Petitions for hprovenients were filed with the .Council; with Bredesen movjng that petitions be accepted ad that Oiling be done on an emergencybasis: 1. Petition for Sanitary Sewer - 6420 'and 64% Ekloney Ave. ' 2. Petition for Oiling - AshcroTt Asre., TL60th to w.6ist St. 3. Petition for Oiling - V.59th St,;-Fairfax Ave. to St.Johns Ave. &. Petition for Oiling r Xerxes he., ~~60th to ~t.61~~ St. 5. Petition for Oiling - Concord Ave., Southview Lane to ~.60th St. Bredes'kn's mo$ion was seconded by Dmens and carried. - The fo7-lor.ring Sign Applications veie presented, with report 'chat; these signs do not comply with the Ordinace because th-ey are all tJithin 500 feet of dwellings; %%at, despite contact by this olfice, the applicants have *not secured the necessary Letters of assent, but that no complaints have been'receiv&d on the signs: . S-selch Photo Go.; Feo. H. Hebert; fzosendahl Go.; Concrete Service, &IC.; S. D. Knudson; Remus kvestment Go. Bedesen's motion, that sign owners be informed that they must secure mitten permisszon from those home owners within 500 Tee% of signs, or remove signs within thirty days, vas seconded by Danens and carried. I .- ~ The follo~xing sign applications were presented €or approval, having been approved by Captain BcGary as cornplying with Ordinance: Ilordquist Sign Go. 61x32' - N.E. Corner Hanson Rd, KLo%s for Sale by & Grove St. fifordquist Sign Go. '8txlO' - S.Side of 60th St. bittrr. tZenith & Q5ott Bves. . Sane as hove Tovm Realty CO.*~ - ..- Bredesen moved for appr0,vaJ.d permits for year expiring April 1, 1956. Notion seconded by Wonk and capried. It-iws then reporbe4 that .the following applications had been received too late for Capt& UcGary to check on them, and Bredesen moved for approval. subject to approvd by Captain &Gary; *motion was seconded by Fronk and carried: Auto-See-Ads , B'@.'7t - IT. 'Side of Hwy.100 on Auto-See-Ads lPil.71 - S.Side of $169 approx. 1 I_ 2001 NE of Gleason Rd. *%eaves Tea Shop" . ._ 7 - EX. SE Cor. Eiken-property . "The Leaves!! Kessrs. G. R. Steider and F. W. LEtchell, Parkvkod Knolls 2id Ad4ition, appeared to request reLief from their assessmer$s for Blackbopping. copy of letter from Village Engineer lG.tchel1 to developer Cal M, Hanson, written Februiry 1-7, 1954, setting forth credits due as $244.00 for Lot 5, Block 2, oimed . by -&. Seider, and $248.00 for Lot 6, Block 2, otmed by Xr. I-Etchell, €or the reason t&at the biackbop mat had not been laid adjacent to these tw lots. Bredesents motion, that the office be instructed to make proper corrections in the specid'assessments for rblacktopping on these two lots, was seconded by Tupa and carried. I Bredesen's notion, that request by 1.5. Donald C.NcLeod,SO45 Word Ave., for an oil coat on W.5lst Street fron Orford to alley, to be at Hr. 1@Lqod1s expense, be granted, ~12s seconded by Danens ,and carried. B ResolutioG for SprWbg .Restrictions, by the Edina Fire Departnen'c, setting up a prqbibition on sprinlaing between Boon and 7:OO P.fL and between Nay 1 md Rovember 1 was discussed by Council; and <as referqed to 1.1anager Hyde for further study and report. Discussion was had 8s to Plans, Sp'ehfiqations, and Contract for Street Improvement Ho. c-65; ad Attorney Vindhorst repded that the County &xtorney has redomended tkt the Village award the contract, rather than the County, as originally planned. Bredes-en then offered the following Resolution and moved its adoption: Re. 1-Ii.t chell presented .~ - _. / .- IUBOLUTION APPROVIRG PLbNS AND SPECIFICATIOIJS AID OEDmDJG .&.DVEBT'BE2*iE2E FOB BIDS STBBT lX€'RO~iEIfl NO. C-65 BE E l3&O$ViXl by the Village Council of the Village of Edha, Ennesota, 1, *The plans and specifications for the construction of Street Improve- as follows: ment KO. C-65, as such improvement 'has heretofore been ordered by resolution of the Viaage Council adopted on April 29, 1955, are hereby approved, said plans ad specifications having heretofore been prepared 'by C.E. Coulter, surveyor, of 3heapolis, 1-kesota, and having been filed in the Village Kall. €or bids Xor'the grading and graveling and stomn sever construction included in said Street, Improv-nt 1,To. C-65. once in the Edina-Uormingside Courier and in the Construction Bulletin, each or" such pubEcatiocs to be made not less than three veeks prior $0 the date on which bids will. ' be opened and considered bjr the Council. Such advertisement shall specify the work to be done, the tke when the bids trill. be opened and considered by the Council, whish is - 2. The Village i-ianager is hereby authorized and directed to advertise Said advertisement for bids shall be published at least hereby fixed for , 1955, at 01 clock .ILt ad shall state that no bids r.rill be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable 5/9/55 to the Village Clerk, for /O of the amount of the bid. 195 Rotion for adoption of the Resolution was seconded by Danens, and on RolZcall there were five ayes and no nays, as follows: %pa, aye; and Erickson, aye; and the Resoluti ATTEST c Bredes L&EL/JdLU Village Clerk Attorney Tiindhorst then presented the following Form of Contract for consideration by the Council for the construction of Street Improvement No. c-65: AGELEEmiJT FOR DIVISION OF COST OF IfipRoTTIItG FRAUCE AVENUE (STAKE BID ROAD NO. 17) hi t.I%ST 66TH STPXET (STATE AID ROAD NO, 53) . TI-ITS AGkGZZ$I\IT made and entered jato tbis ' day of Eay, 1955 by and between the Village of Ed-ha, I.rin.nesota, hereinaf-ter referred to as the *lVillage" and, the Coun-by of Hennepin, Sate of Minnesota, hereinafter referred to as the V,ountylt, sever on and surface France Avenue (Staid Aid Eozd No, 17) between IIest 64th Street and Vest 73rd Street, and West 66th Street (State Aid Eoad No. 53) betzqeen Valley View Road exbended south and a point 1100 feet east of France Avenue, together with aU necessary appurtenances, and View Boad edended from West 62nd Street southerly- and easterly to France Avenue at approximately ?Jest 69th Street, together with all: necessary appurtenances, and such construction is of higher surface type and greater width-t'na would be necessary to accommodate nomal-rural traffic of such state aid roads, and . prepared by G.E. Coulker, surveyor, 3300 Lyndale Avenue South, Hinneapolis, Rinnesota, and have been approved by the Board of County Comniissioners and the Village Council and are now on file in the office of the County Engineer of Hennepin County znd in the Village Hall of said Village, and opening, clearing, grading and graveling and stom sewer portions of said work shall be contracted for and accomplished in the year 1955, arid the suri'acing portions of said work shrjll be contracted for and carried out in 1956, and all of said work shall be completed, if possible, by September 30, 1956, and fn-WAS it is contemplated thzt ssid work be carried out- by the parties- hereto under the provisions of IWmesota Statutes, Section 160.431, subdivision 3, and Section 4.29.041, subdivision 5, and I=& the estimated cost of the portion ofsaid work to be completed in 1955 is 8 . completed in 19- .; and for the current fiscal year for the puxpose of pamg the Countyls share of the cost of said work to be done in the year 1955, l?ITiJESS%TH: T-.!! it is proposed tp widen, clear, grade, gravel, construct stom .. -. to open, clear, grade,. gravel, construct storm sewer on and surface Valley ~gRUBEAS plans and specifications for the work above described have been TREFBkS it is the intention of the parties to this agreement that the , and the. estinated cost of the portion of said work to be 3k.E3.EA@ there is sufficient moneys in the Countyls "Road Construction Fund" HOlJ THEREFOTZ%, It is hereby agreed as follows: I The Village shall adverkise for bids and award the' contract or contracts I. for ,the construction of the work a'uove described, in compliance with the laws appli- cable to the Village, including Chapter 429 of I!E,nnesota Statutes. hy contract so awarded shall incorporate the plzns aid specifications Tor said work above referred to,, both the County Board and the Tillage Council. the Villsge and the successful bidder sha1-l be in duplicate, and z duplicate thereof shall be' furnishea to the County Board, Upon receipt of such duplicate construction contract the County Board shall appropriate from said Road Construction Fund a, sum equal to the County's share of the cost of said work. Any chmges deviating from the plans and specifications shall be approved by The contract en-berea in?o between r. IT, The work to be done under the. contract or contracts so entered into will be supervised by the County Highway Gngineer of the County at %he sole expense of the County, and the Tilla'ge uill be under no obligztion $0 reimburse the County for any of such engineering ekpense. vfith- the County Highwzy Engineer to the extent necessary, but will have no responsibility for supervision of the uork. The Village Engineer of the Tillage r&U cooperate I11 . pay the entire cost of procuring the necessary right-of-way easements and slope easenents for the work above described. . If any such easements are acquired in eminent domain proceedings, any and all dmages whic;h may be amarded therein will be p~d by the Village, z,nd the Village shall pay the full cost of removkg any structures situate upon the land so acqu*ired. The Village assumes and agrees to 'tzke all proceedings required for and to 5/9/55 Iv. The County and the Village each agree to pay one-half under. the contract or contracts awarded for the above-described of the cost pzyable vork, 5.~ accord- ~ m-ce with the unit prices and quantities set fo&h therein. Upon notice from the Village to the County that any progress payments have been mzde by the Village to the contractor or coatractors pursuant to said construction contract and in accordance srith the certificztion of the County Ehgheer or his represen'cative,-the County will forthwith reimburse the Village in the mount of TO$ of the sums so . paid. Upon coapletion of the riork in accordance with the plans md speciiicat2ons, the County Engineer shdl certify such fact Go the County Board and the VSlage Gouncil, together vith a statment as to the find paynent due the contractor or contractors, ad after acceptance of the work by mid Board and Council, the TUage shall direct mch find payment to be nade and the County shall forthwith prooide for the reimbursenent to the Village of 50% of such payment. I V, records kept by the Village and the County with respect to said work shall be subject -Lo eranination by the representatives of each. 31iJ TZ5TIIiOIJY LX~~IIOF, -Lhe parties hereto, by resolution duly adopted by their respective their respecthe writ en, governing bodies, have causedthis agreenent to be executed by duly wthorized"officers, as 02 the djq anyys first above and Village I-Ians&er (SEAL) THE CQumY @Y I-ZLZPIZ~ BY Chairnan of its County Board (rn"&) County Auditor Sone discussion xias had as to engineering problem, and I&. Zilran vas directed contact the County Engineer's office on this matter. followhg Resolution and moved its adoption: Bredesen then offered the PBSOLUTIOIJ AUTHOBIZEJG E.XE(13TIOIl OF r CGOWdTm A(2REXEXfl FOE COi?STEU@TI:OIJ to OF SWET EmOmEIt&T NO. C-65 . BE E RZSOLVXD by the Village Gouncil of the Tillage of Zdine, IEbnesots, that the Hayor and Tillage Iknager are hereby authorized and directed to execute in behaU of the Village a cooperztive agreexent with the County of HeEepin for the construction of Street Improvenen'c Hoe c-65, such agreement to be in the sane fom and to contzj-n the same.terns as the agreenent presented to the Council and con- sidered at this meeting. Xiot3.on for adoption of the Resolution vias seco were f5ve ayes and no naF, as follows: %pa, aye; Erickson, aye; and the Resolution was Bredesen mg&&&%&Jg&22d&/ Tillage Glerk 0r;"ice reported that the following Applications for Plubers' and Scavengers' Licenses ._ - had been approved by Building kspector Troehler: ' 1.. I.IacMin E: Olsen, Route 1, Excelsior - Plumbing Gilbert Bros. Plbg. Go., 5940 ColumbuS J.vee, f-Wsapolis - Plmbing Ennesota Fumping Co . ,- 5122 Chicago Ave . , IEnneapolis - Scavenger and that the application of Lowe Plbg. Go., 4252 IkLcollet Xve., had been received too late for office to secure lk. Woehler's approva. fLr& kbee licenses be approved by the Council, and that the Lor.re license (plunber's) be approved subject to appi-oyd by I&. tfoehler, TEIS seconded by Tupa and carried. - Wager Hyde asked for authorization to take bids on thsee cars, vith trzde-in on one. miles; and that, 5n his opinion, after 50,000 miles the cars should be traded o2f to the other departments. ms seconded by Tupa and carried. I-hnager Qde aunounced his appointnent of l.fr. Joseph Zikan as Village Engineer and Ers. Gretchen Alden as Village Clerk. Bredesen's motion, that the He stated ~4.1 three cars in the Police Depzrtnent now had nore than 50,000 Bredesen's motion, authorizing bids to be taken I.Iay 23, .. 5/9/55 197. Xrs. Alden asked that 231, Fublic Hearings on Special Assessments scheduled for liay 23 be postponed to June 13, in order that proper legal publication may be made. Bredesen so moved. Notion seconded by Fronk and carried. The matter of shortening Council agenda came before the group, and it was noted that many Village ordinances vest the power of granting licenses md permits to the Council only. draft an amendment to lfcensing ordinaixes, granting said power to the Village Nanager, was seconded by Fronk and unanimously carried. Bredesen noved for approxd' of Tillage Payroll, mount Nay 1 to 3ky 1.5, and for payment of the following claims: Bredesen's' motion, tht- Village Attorney be instructed to * 13,831. 56, for period General Fund - $22;721,49 Gonstruction Fund - $120.00 Garbage Fund - 1,975.20 Sewer ' Rencal Fed . * 17.25 Poor Fund - 169.07 - Improvements Fund 66,806.79 Motion was seconded by Danens and carried. The evening's agenda's having been completed, Danens moved-for adjournment. Notion seconded by Bredesen and carried. Liquor Fund - 26; 750.81 Vat erworks Pund 39137.52 Neetigg adjourned at 9:30 P.11, /I .I Ikmbers answering rollcall were Bredesen, Danens and Tupa. The Clerk presented affidavits of publication of notice of szle of 6200,000 PJater- works Ftevenue Bonds of 1955 of the Village, bids for which were to be opened this date, in accordance with the resolution adopted April 25, 1955, and said affidavits were examined, approved Zyld dzrectea to be placed on file. The Clerk reported that four sealed bids had been received pursuant to said published notice of sale, which bids were thereupon opened ad publicly read and considered, and the highest and best' bid of each bidder was found to be as follows: Bredesen presided. - Name and Lddress of Bidder &Imager of Bidding Account Ziterest Rate or Bates Premium or Lg56-1963, Inc,-2.25$ 1964-lq7O,InC,-2.75$ None Plus separate and addtl. coupons on all bonds at 1% from 9/1/55 to ' 9/1/56 (Av. ht .Rat e-2.766g) E.J. PRZSCOTT E: CO. 1 UlI&UJ AND CO;F&VY, BJC, ) JIl" Gr. EJIOODY 1 PAI~\JE,IGBBER, mxsoig 6t CURTIS) I I None Trustee Tupa then introduced the following resolution and moved its adoptibn: . RESOLUTiOX &*J&WING SAL43 OF " . XAWJJOEKS REma. BONDS.. OF 1955 EiE IT €iXSOLm by the Council of the Village of Edina, IEnnesota, that pursuant to advertisement for bids heretofore duly published for the purchase of . $200,000 tWerworks Revenue Bonds of 1955 of the Village to be dated June I, 1955, this Council has considered &I. bids received and does hereby find and determine thai; the highest ad best of such bids is that of l-iAI3!mIIm-EGm, INC., CALDIGLL PHZULPS CO., NTD TiOODARD-WjJUOD & GO, of St. Pz;ul,-E.nnesota Lo purchase saLd bonds at a price 05 par and accrued interest plus a premium of $125.00, those bonds maturing in the years specified below to bear interest at the respective rates per annum set opposite such maturity years: