HomeMy WebLinkAbout19560123_REGULAR8.3
1/23/56 KCNUTES OF THE REGULAR I"ING OF THE
JANUARY 23; Z956, AT 7:30 P.M., AT-THE
*I . . .Yd .*.- .i EDINA VILLAGE ceuNcIL, HELD MONDAY?
. EDINA VILLAGE HAEL
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Members answering Rollcall were
INVOCATION was given by Rev, J, L. Ranm of Shepherd of the Hills Lutheran
Church,
Members answering Rollcall were BTedesen, Crinkley and Tupa, Mayor Pro Tern
Bredesen presided until Mayor Erickson's arrival as hereinafter recorded,
MINUTES of the regular meeting of January 9, 1956, were approved as submitted,
by motion Tupa, seconded by Crinkley and carried.
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PROPOSAL FOR DONATION OF FILL FOR HANSEN ROAD. Manager Hyde read Pearson
Brotherst January.19th proposal to donate to the Village all excess dirt
from lots 13# l.4, 15 and' 16,3&chm~nd Hills 3rd Addition, for fill to build
up the West side of Hansen Road opposikie this prceperty and also to fill the
West side of Hansen Road from Highway 169 South to the railroad tracks. Mr.
Pearson explained that the companywishes to build four homes facing Hansen
Road but does not'want te do so abutting a 33-foot roadway. The owner of the
property abuttingthe 33-foot right-of-way on the West was represented as
being Mr. Albert"'Ia,rson, Mr. Hpie recommenied that Council accept Pearson
Brothers' offer providing the balance OX a sixt;y-foot.right-of-way can be
acquired at little or no cost to the Village, and Tupa 50 moved, Motion
was seconded by Crinkley and carried, .
PETITIONS FOR VACATION OF STREZTS LYING WITHIN OIb STmCAR RIGH-Of-WAY.
Petitions dated December' 30, 1955, for the'vaeation of Adams. Van Buren, - - Jackson, Monroe and Jeffers6n Avenues lying between the 'North line of
Sec.30,T0117N,R.2W and the South line of the Minneapolis and St.Paul
Suburban Railroad Comp&ly right-of-way, were filed with the Council.
phoved *refer&bg petittons t'o Planning Commission for their action, and
;scheduling 'Public Hearing 'bn proposed 'vacation fdr ,Monday, February 23,
at 7530 P.M. Motion seconded by CrWey and carried,
Tupa
aETITI0N'POR SANmAR'Y SEV&R-l3ERNMD PUCE, BENT" AVl3~'TO GROVE ST. I&, K.e
' Yead' a 'letter' accompahybg the petitson, and pl.ead4ng urgency bi having *the
Improvement considered with sanitary sewer improvement in B ernard Place
:betwe& Benton "Avenue and 'W,bQ%li S5ree.E'. Pe%itim :was dated' January 24;
~1956, .hasmuch as Council ha5 establ'ished January 1 as the cut-off date
tor filing petiti0.m for work to be done i+ 1956, Manager Hyde suggested.
-*hat the .Council2 accept p&itZcm with the undershinding that the Enginiieys
by to give it consideration for work'this year, b& that' no giraPantee :of
'such work be made., * Tupa so moved. 1 Motion seconded"by CrhKLey and. carried,
b$er in the evening a 'petit2oner inquir&d as to* COI&~.~.~S action, and 5%
'wag reviewed for hkr, '.
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PUBLIC 'HEALTH "WkSING REpORT FOR DEcEMHER '19z Was . reviewed and ordered
'placed 'on file. . :.t . .
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PETITIOd TO FACE HOUSE LC3G WAY'OF LCYi'-!ZST.'ST. AND WZLLm Am., by MY,
Thomjs .Rode, St,Louis Park, 'Was -reviewed, This 'lot is Lot 24, *Bloc2 "9,
32ookside Heights Addition.
Comyission for it.s action, and 'schedullnl; .Public Hearing for Monday,, February 3.9, at 7:30 P,M.i was seconded by Crinkley and . 1. carried.
ORNAMEM% STREET LIGHTS-~~ST ST,; ~IANOLA-JUWT~:AVE. ARIEA; ~r; Yycie
repofied thatP Public Hearing must be delayed until Village .. receives Northern .-
Staces Power Company's estimates of cost.
Tupals'motion, referring petition to Plmng
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We70TI-I. STRIhQ IMPRtXRDBXVS. Manager Hyde 'presented r'ep0l.t showing basiq of
rbakink assessmerits for street irqpmtremmts 'on otfier W~rough-streets", and
asked-Gouncil policy as to method of assessme@ for this proposed imp3ovement.
It was consensus *of ophion'khat commercial properties should be assessed
-fua per front foot cost, (inclGd?ng those commercial. properties on %lie South
side of: Xr73th Street. and Ea$ of France Avenue) and that the Village Genera$
.Fund shou1-d bear 1/2 the per ,front foot assessmetit to residential properties
. abuttiiig -L~Y street--with consideration' being given to that amount now being
assessed against some property otjners 'for "street repair after sewer
construc.t;.on*1. .$
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Eayv flrickson arrived during the aboTe discussion, and' presided for tke balance d of ?;he meetLig,
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1/23/56 VbY VI337 ROAD IMPROVEMENTS, Manager Hyde reported that Hennepin County will
accept the yidth of roadway of Valley View Road as. 36 feet plus curb--which makes
a total of 37 feet. This compromise was agreeable. tp property owners present
(Eir, Robert Lee being one of the delegation); and Bredesen's motion that' Public
Hearing on proposed improvements 7 he scheduled for February'27, .was, sepnded by
Tupa and carried. ,I
UYOUT FOR XWXES AVEMTE FROM t.T.62ND TO W.66TH STREET, Manager Hyde presehted
plan of street, entitled "Revised Plan, October 25, 1955,lt explaining that the .
Village of Richfield has approved .that portion which affects, that Village; that,
cost of jnpmment Will. be borne to a considerable extent by the Coihty; that -
balance of cost Will be assessed against benefited properties,
considerable Feviewby Council, Bredesen moved for Council approval of General -
Lay-Out of Xerxes Avenue between W.62nd and W,66th gtreets. Motion seconded by.
Tupa and carried,
SYWESTER SUIT. Engineer Zikan reported that a suit has-been startea by
Sylvester, a propefiy owner on Kellogg Avenue, for recovery of dakges allegedly
sustained to his property as result of grade change.
ANIMAL HOSPITAL. Attorney Windhorst stated that in his opinion & Anhnal Hospihl
muld be permissible in neither the Open Development nor the Commmity Store
bistricts under present terms of Village Zoning Ordinance;. that, if Council wishes
%he hospital, the Ordinance should be amended by due and regular procedure.
Discussion was then had on Mr. Blueher's suggestions 'op revision of the present
Zoning Ordinance; and Mr, Bredesen told the Council he feels that Council cannot
ask petitioner to wait for a year or two while ordinance is being reeewed for
possible changes. Recognizing the fact that individual problems must,be settled
from time to time, the Council reviewed the petition for an Animal Hospital,
Bredesen moved that permission Tor an Animal Hospital be granted. Motion lost
for want of a second.
After some
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PUMPHOUSE AT EDENMOOR.
pumphouse to face Downing Street, just off Edenmoor. Plans showed.space for
garage for utilities equipment, and for workroom.
there is now no place to house department vehicles, and that other eqipment
is scattered. He also stated thst this plan will make structure look somewhat
like a double bungalow, and that he feels residents in the area will prefer it
to a smaller: structure. Mr. Woehler asked for authority to advertise for bids,
in order that structure can be built by spring,
had regarding the cost (which Mr, FToehler sstimatedr'at about $15,000) and the '
practicability af garage space b' %his building as. compared to add@ioid space
5xi the Village garage, Nr. Hyde suggested that plan be p'resented to the neighbor-
hood residents for their reaction, and that a buXiderJs estimate be secured.'
Hatter tabled until first meeting in February for information in accordance
with Manager's suggestion.
Fublic Utilities Supt, Woehler presented plan for
Nr, Woehler explained that
Considerable discussion was
R4ENDHENT TO PERSONNEL ORDINANCE.
Ruling requiring municipalities to observe all state legal holidays.
offered the following Ordinance, mo.iring th&'Council dispense with second
reading and adopt Ordinqce as*rea&
Discussbn was had on Attorney General's
Tupa
ORDINANCE NO. I 12-3 -.
AN O€bINZKE'AE.'ENDING ORDIIWJ~E'NO. -12 AS TO . . -. HOLIDAYS FOR VILLAGE B4€kOyEEs
THE VILLAGE COUNCIL OF THE VIWGE OF EDINA ORDAINS:.
Section 1. Section 22 of Ordinance No. 12 of the Viilage, as amended,
is hereby further amended to read as follow: ..
Wection 22. Holidays. The village recog&.zes the fc&owi.ng as paid a
holidays: New Year's Day, Lincoln* s Birkhday (February 12)
Birthday- (February 22), Nemorial Day (May 30), Fourth of July, Labor Day
(first Nonday in September), Columbus Day (October 12) , Christmas Day,
Good Friday (the Friday next preceding Easter Sunday), Thanksgiving Day,
Armistice Day (November ll), Christmas Eve afternoon and New Year's Eve
afterno an,
IVashin&ont s
"The yill~g2 hall shall ba closed for business on each of the foregoing
ho2idaxs; prmided, however, that employees may be required to work on
paid LoLidqw when the n&urc of their duties or other conditions so
Pequirs, If a emDloyee is required to work on a paid holidsy he shall
recciw anc;.;hez dsy off as the appoinking officer shall determine.
a .pz-id k?:I.iCay 2alls' on Sunday and it is customarily celebrated the follow-
inrJ ?40ndsl;r -:hat ?€on.day shall be considered the paid holiday.It
.
. When
$fa%ion frz ~r~twer c;f sscond reading and adoption of Ordinance was seccnded by
Cr5ridey? ad orl .t~ll.~~I1 there were four aye&&o nays; as follows: Bredesen,
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LAND ACQUISITION FOR PILSK.
of $575.00, for Lots 8,and q3 Block 24, Fairfa Addition. He explained that this price is $25,00 over the appraised value but is the best price which
could be negotiated. He recomended that price be approved. Bredesenfs
motion, approving execution of purchase agreement as presented, was seconded
RESOLUTION ;REsCINDING-DEs'IGfiATION Ol? STA!PE'Am ROAD NO. 64,' Wnager Hyde
explained %Hat the Resoluixton adopted by the Comiil at'its last meeting
is not 5n.the form reqyired by the County. He submitted the required fora
of Resolutibn; and' Bredesen offered-the folloking Resolution and moved its
WHEREAS, The County Board of %he Cowty of Hennepin did adopt a
resolution rescinding the designation of State Atd Road No. 64, within %he
corporate limits of the Village of Edina as follows:
I*, Hjrde presented Purchase Agreement in amount
I. . *. .. .I- by Tup& and carried. --
adopt ioni t.
RESOLWION
BE IT RESOLVED, That all that pz.$ of St&e hid Road No. 64 in the Village of
Begin-mhg at the* intersestion of Up ep .H$,gkwziys Ro; 169-?12 and
State At& Road No, 64 i@ $he Southea$$ l/k of Sectian 31, Township 13.7,
Range 21; thence Southerly along said $tBt+e Aid'qoad No-. 64 through said
Section 31, and Southeasterl? and Sou$h~p$y aqd EasteTJy through Sections 6, 5 and 8, Township U6, Range 21 to $he inter8ection with Gounty Road
Nor 28 in the Northeast l/b o$ Noytheaqt! a,& aE paid Section 8 and there
te-ating,
Be Rescinded as a State Aid or County Road.
AND D BE FURTHER RESOLVED, That all that part of State Aid Road No. 64 .
(formerly County Road No., 39) Xying between the two intersections with
County Road No, 39 in Sections 5 and 6, Towriship 116, Range 21,
Be Desimated as Coun5y Road No. 39.
NOW, THEREFORE, Be 5t resolved by the Village Council of the Village
of-Edina that said resolution is in-all thdngs approved.
Motion for( adoption of the Regolution Mas seconded by CrinMey, and on Rollcall
there were-four ayeq and$ no nays, as 2011
e; and EricksoDj aye; and the Res
I Edina described as follows: ' . ..
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; Crinkley, as;
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~ ... - VANDERVORK AVENUILOPEN~ GRADING, GRAm&ING. Nzqager Hyde reiriewed for CounciJ, acti& taken in 1952 'to permi% closjhg, of that portion of Vandemrlt
Avenue in Beverly Hills Addition-with provision that 'CouncXL may re-open
upon 30 days' notice; and subsequent petition filed ;in 1954, for the openbg,
grading and graveling of Vandermrk Avenue includh-g the closed portion of
the street. He stated thak an owner 02 abutting property, a Mrr Hartin, has
asked that the petitioned improvement be expedited,
seheduling Public Hearing on proposed. opening, grading and graveling
improvement at the earliest date the'engineer is able to secure estimates
of cost, was seconded by Crinkley and carried. Engineer Zikan stated that the grading will-present a problem because of the topography; that curb
and gutter w5llundoubtedly be necessary if street is to be maintained.
WNOW BIRDSrf ORDVANCEw
ordinance, including rrhardshiprr clause advocated by the Council.
was had onmethod of hauling vehicles away, and control of prices to be
charged,
detemnination'of hauling chqrge, was seconded hy Crinkley and carried,
___u CLAIMS: Bredesenfs motion, that Council approve Claims as per Pre-List No'. 2.;
said claims being as follows:
Bredesen! s motion
Manager Hyde presented re-draft bf proposed
Discussfon
Bredesen's motion, that action on ordinance be delayed pending
Gensral Fund - $3,236039 Liquor Fund -#119'!594*44
Parks Fund - 4,970018 Sewer Rental Fund - 5.00 7Tatmworks Fund - 1,621.50 1)
was s-?c;cnd.ed bj Tupa and carried, *
-_u-- PINAU X!& _. --__I. S'I'PT3?EiE' .-. FOR PUBLICATION.
of Cash Acr:i.p%, ;tiI.d Pislxmseinents, Year ended December 31, 1955,tf ; ftAnalysis
cl" C!p?mv;~~~, Et.q-1arlsccs and Capital Outlay, Year ended December 31, 1955,rt; and
Const, Fund - 330574a65 Garbage Fund - 15,OO
Mamger Hyde presented copies of flSummary
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1/23/56
"Fund Balaqce Sheet, December 31, 1955Ir4
ments 5.n Edina-lforrmingside Covrier January 26a Nr, Hyde also stated he expects to
have an informal public reporb op 1955 operations for the taxpayers in the near
fi%ure,
WE LEASH%%a%II ORDINANm,
by Vmage Attorney in accordance with
and recent advisory referendum, was discussed at some lengP;h, with Trustee
Cskkley recommendiglg that provision for- Iteffective control by a person" be
inserted into &he language of the Ordinance.
With Elr, CrWeygs recommendations; and Nr. Crinkley offered the follo~5-11g
Ordinance for adoption, moving %ha% Council dispense w5th second readbg and
adopt Ordinance as read:
Council approyed publication of stz-be-
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The proposed 1lDog Leashing" Ordinance, as drpafted
Dog Control Commikteelt recommendations
Ordinance was revised ;in accordance
ORDINANCE NO. 33-3
AN ORDR?ANCE AMEXDING ORDINANCE NO, 33 OF THE
VILLAGE RE&ATING TO.ElCENSING AND RE&KATING
DOGS BY IMPOSING ADDITIONAL RESTRIC~~ONS ON
THE.RUNNING AT LARGE OF DOGS AND ADDING
PROVISIONS AS TO ENFORCEME3lT
TplE VILLAGE GOUNCXL OF TKE 'VIIJXGE OF EDINA o~~b~~s:
Section 1, Section of Ordinance NO, 33, as amended, of VsPage, 8 '
entTt3-ed IrAn Ordinance Licensing and Regulathg Dogs, Providing For hpmding Dogs
and Prescribing Penalty for Violationfl is hereby amended to read as follows:
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"Section 14* Restrictions on Dogsp, '
(a) cries between the hours-of 1O:OO P,M, and 7:OO AoM,
No person shall keep or harhor a dog which habitudlly barks or
(b) %he places stated below:
No dog shall be pedtted to run a% large
(1) At any time in or upon the groids of any public or sed-
public institutions suoh as parks, libraries, schooPs, churches
or other public buildings, or in business or shopping areas or
stores or commercialbuildings,
(2) At nighk between %he hours of b0:OO P,M, and 7:OO A.Mo
(3) Betiween the dates of April and September 30 of each year.
(e) A dog shall be deemed to run at large unless it is ehfectively
restrained by a chain or lessh or unless accompanied by and wder
the control and direction of some person so as to be as effectivelx
restrained by command as by leasho
the thes 0r.k
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(d) No owner shall pedt his dog to damage any Pawn, garden or other propertyd
(e) No more than two dogs over six monkhs of age may be kept or harbored E& my place; provided, however, thak no more than %en dogs
over the age of six months may be kept h*a private kennel,.
The police officers of the Village shall take up and impound apy dog
kept, harbored or mannkg at large On violation of this section and
deal with it in accordance with the prqds5ons of See4xi.m 79 8, 9 and
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Section 2, To saLd ordinance there is hereby added an additional
section, as follows:
ll$ectrioa? 20. Special Enfordement Officers; 'The Village Manager may
appoint, and deputize, as special officers, such of the employees or
owners of any kennel designated as the'dog po~d hereunder as may be
necessary -to enforce the provisions. of this ordinaqceotl
Section 3. This ordinance sh& be iSr effect from and after its
passage and publicztioq according to law,
Mot2on fw waiver of second reading and adoption of Ordinsnce as read was
seconded by Brk.3Zsei:> and on Rollcall ther
follows: BreZeseP, aye; Crinkley, age; Tupa
vhxe 5et-1~ i10 fi-rbher business to come before the Council, CrinEcley moved
i.or zd jc XTE.QL. .@ %t inn saconded by Bredesen and carried. Meeting zdjourned