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HomeMy WebLinkAbout19561210_regular12/10/56 39 ICIiiUT'~ OF TH3 R.EGUm NEZTIIG OF THE EDIIgA VILLAGE COUiTCIL, HELD MONDAY, DECZGBEEi 10, 1956, AT 7:30 P.N., AT TKE EDDJA VIUAGE HALL Members mvrering Rollcall were Bank, Dickson, Fronk and Tupa. Fronk presided in Hayor Bredesen's absence. Nayor Pro Tern MDW'ES of the Regular Meeting of November 26, 1956, were approved as submitted, by Hotion Tupa, seconded by Dickson and carried. COIXi?IiWA4TIOii OF iqOm.Bm 26~~ PU3LIC Hl3ARZtG ON PROPOSED DE'EOVZZIJ OF Fi?ANCE )LU'i2JUE BETT;GEN W. 54TH ST* AXD A POINT 1/10 BIIIX SOUTH 02 W.62ND ST. Nr. Fro& called for opinions from the audience, asking that, in view ofthe Hearing coinducted at the last meeting, expressions be kept brief and reiteration of previous ar,uents be kept at a minimum. read a letter of protest on the me@od of assessment, asking that as alternatives the Council - (1) Ask that the State take over France Avenue; (2) Spread the ass,essment over a much wider area. assessment is not being spread over the abutting properties; that the County will assume 1/2 the pa@g cost; that 1/3 of Edina's share of the paving cost will be spread~d~~~t~ge~~~~~~e~ll bear 2/3 of this cost; that abutting properties will pay for curb and gutter. At the request of petitioners, Clerk read Petition signed by Dr. Charles Bo BicAllister, and 3iessrs. Nortimer C. IJatson, I-Iarvin C. Helling, Allen Poehler and Jerome IT. Benson rrIn Objection to Proposed Project!!. I&. Hyde pointed out that three of these petitioners had purchased their homes since Southdale was announced. objected to Councilts conducting this Hearing before sewer projects had been settled. I-Ie was informed that if Council decides to proceed on this project, sewer hewings will be conducted immediately 50 determine whether owners T~~~ sewer, now. Hrs. Virginia Beard asked why Southdale is not being assessed, and was inferned that the Village knows of no way to make such assessnent. Bankt s mo%ion, that Public Hearing be continued until Eonday, January,.U+, 1957, for full membership on the Council, was seconded by Dickson and carried. Nr. Charles Jensen, 57 Voodland Road, I Trustee Bank explained that the entire ib. Jacobsen, 6229 France, CO~~~Ii~.jATIOI! OF i@Xi%B~ 12TH &!ID 26~~ PUBLIC HE-AEDJGS ON PETITIOIJ FO3 VhCII'I"i'01V OF .ALLAY BZWG3H THIs1D STmT AND EEiJiOEB LANE AND EBTImq idDISU$ AID 1TONB.OX . AWmS. Flaiing, objector to vacation, that because of her neighbors' feelings she is willing to drop her objections. Fleming and her other "land-locked" neighbors had been able to secure easements for access. of an easement from his neighbor to the North, but that an easement has not been tendered. as it is novP. proposed opening of the alley because of the grade involved. even considering those persons who originally signed petition for vacation and since have asked to have their names withdrawn, there is still a percentage of well over 5O$ for the proposed vacation, and moved its adoption: Lianager Hyde reported he has received a telephone call from i4rs. There was no evidence presented that I~ks. - Xr. Garrison, owner of lot three, stated he has had verbal assent He suggested that %o-one will be hurt if the alley is left open, just Nr. Carlson, 303 Nadison, spoke in definite objection to any I It was noted that, Tupa offered the following Resolution RESOLUTION VACATING ALLEY, SUBJXCT TO ACCESS EkBm\jTS t MGRTH-SOUTH ALLEY Xi BLOCK PIW3, ItEST IiII~E~OLIY HEIGHTS ADDITIOI~, LYING BZQmiiS THIRD STREET &D BEi&iOBE -l2-l.N3 Ai?D BiB'ImN i-Iiz1)ISOPI BI%l ,. HmOE Amqms !,mEkIS, a majority of the opmers of the land abutting on that North-Sou%; Al-ley lying between Third Street and Belmore,Lane, and between Nadison and I45nroe Avenues, in Block Five (5), West BIinneapolis Heights Addition, have petitioned for the vacation of said alley; and I&EmAS, two weeks' published notice and posted notice of a hearing to be had on said petition on November 12, 1956, at 7:30 pome, has been given and made, and a hearing has been had thereon by the Village Council; and access to the rear of Lots 3, 10, 11 and 12, Block 5, Nest IiZcmeapolis Heights Addition: ?fGtE%S, at said hearing it has been determined that said alley is needed for ~ NOW, THSREFOEZ, BE IT RESOLVl3D by.the VilXage Council of the Village of Edina, 'IContingent upon receipt by this Village of proper, legal easements for access to the rear of Lots 3, 10, 11 and 12, Block 5, Irest "iiinnapolis Heighix Addition, that certain alley running in a northerly and southerly direction and lying between Third Street and Belmore Iane and between Ziadison and Honroe Avenues, in Block Five (5) , Vest Enneapolis Heights Addition, as the same is recorded in the office of the Register of Deeds of Hennepin County, IGnnesota, is hereby vacated; provided that said Village excepts from this vacation proceedings and reserves unto itself and its assigns an easement for all public utility purposes including, without limiting the general nature of said reservation, an easement for electric, gas, sewer, water and telephone equipment on, over and under the center ten feet in width of the alley hereby vacated". c Hennepin County, Ennesota, that i' 40 12/10/56 Isiotion for adoption of the Resolution vas seconded by Bank, and on Rollcall there were four ayes and no nays, as follows: Fronlc, aye; and Yne Resolution vas adopted. Bank, aye; Dickson, aye; Tupa, aye; and &ror Pro Tem ?i?lage Clerk PtBLiC H"G GXT P3TITIOPJ 5'02 VACATION OF &LEY BEE,EEU €ED.iOE UJE !dUI TL'lLOiSGY ATHTUBS A3'D &3TlZEH X~XI~"SO;J XO JEFFICESOY AVZWES. cation in Ztlina-Eorningside Courier November 22 and 29, and of pasting Uovaber 19. Affidavits wsre aprwed as to form and ordexed placed on file. erzdned, and it was noted that otmers of some five home sites have not signed, all these bebg Irinlandtt lots. EIayor Pro Tem Fro& asked for eqressions of opinion from the zudience. A letter of protest, received from I-layhill Euilders, hterested in Lots 15, 16 and 1'7, Block 11, was submitted. to speak either for or against this vacation, except ltr. J. Gram, 403 Jefferson, who stated the alle;. was now simply a place for disposal of neighborhood junk and the residents t:ould like Coullcil action so that it could be cleaned up. Inasmuch as there are several llinlandll lots not signed for, Bad; moved tkt petition be denied. Hotion seconded by Tupa ad carried. Clerk read Affidavit of Publi- Petition was No one vas present PUBLIC €!U!iEG (31 PROPOSED ,AEiSESSI43j33T FOB GRIWIT?G AND GRA?Jjj'j?liIG ZpZOmZeE IJO. C-69 - GXWE ST. BZT?EZl+i TIIIGDSE &ID CODE RVXWE. Clerk presented Affidavit of Publication of r11Sot2.ce of Hearhe on Assessmentt! in Edinz-TJomingside Coulrier November 22 and 29, 1956. ilffidsivit approved as to form and orfiered placed on file. Clerk reminded Council that this is a new Hearing on this proposed assessment; -G?at, zt the last Bearing, residents had protested that rronly sadt1 had been placed on the street. Xngineer ZiIm presented samples of the gravel laid oh Grove Street, stating that this gravel meets Viflage specifications. Xrs. Joseph E. Xoore, Y-00 Grove Street, submitted four pictures of Grove Street, taken in the spring of 1956, showing the street to be in a very bad condition, Engineer ZScan explained Vnat the contractor had begun work in the fall of 1955, that weather had closed in and forced him to delay completion until this summer. Xr. Zikan stated tht gravel had been laid after these pictures had been taken. Xanager and Engineer reported they had driven over the mad only this afternoon, that ik is as good a s-he& as the average oiled street in Edins. Upon questions fmn Kre Fro&, % it the feeling of the Engineering Department that the road xork has been conpleted according to spcifications?Ir and lrD~ you feel thzt the Tillzge has fulfilled its obligation on this pro,-jeck?'I ik. Zikan answered, lrYeslr. On questions 6s to 'Ireplacement of the street to its original condition aL"ter sewer and water wnstmctionyir it was explained that there is nothing in the sewe? and xater contracks for road replacement, Iks. Y~ung, 5L10 Grove, complained that before sewer and water construction she was able to get into her home but that since then she has hd considerable trouble. residents have access, now, but thzt next spring they vill be as badly off as they were last spring. lowerkg the grade, rrhich started proceedings leading to this assessment; and then stated that the s-breet must be torn up for a storm sever. Because it was felt that the -trouble on this street stems from the need of a s torn sever, Trustee Bank sucgested that the assessment be approved, wtth the understarlding that, upon cmpletion of the storm sever, the Village Public Vorlcs Departmnf; KEL put in the fill. necessary to provide a street meeting Tillage specifications for a 'graded and gevelledl street, or to otherwise improve the street to meet these specifications. with the understanding that property ovmers have the promise of the Council thzb the foregoing tmrk ~fll be done upon coinpletion of the storm sever project in 1957: Xk, Floyd Dunn eqdained that Iknager Hyde reviered for residents the petition for the Ne ozfered the following Resolution ad moved its adoption, mOI,IJTIaJ XIOPTDJG kfJD CO:P'FITli.iDJG ASS%SlBE FOB, STREET IRl?ROVZZEN'T 103. C-69 BZ IT i%SOLT%D by the Village Council of the Village of Eciina, I-iinneso&, as follom: 1. 1% is hereby found, determined and deckired that the proposed assessment for STRBZ lXE%"-iBiJT 180. C-69, has been properly calculated in accordance r;i'ch the proai,sions of J1:Iinnesaf;a Statutes Secbion &!.2..4.4.l.; that notice has been duly pub]-ishe5 as required by law, thak this Council would meet to hear,and pass upon all objections, if any, to amend said proposed assessments as might be necessarr, and to adopt the same by resolution; that said promsed assessments have at all times since their f-g been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each or" the lots, pieces and parcels of land enumerated in the respctive assessments was and is specially benefited ba the construction of the improvement for .t;.i?ich assessment is levied in the amount set opposite ths description of each such lot, piece and parcel of land respectively . 2. The 3nounks so set out are hereby levied against %he respective lots, pieces and parcels of land described in said assessment, and said proposed assessments are hereby adopted and confinned as the proper special assessments for said hproveaent. 12/10/56 The assessment against each lot, tract or parcel, together with the interest accru- 1 ing on the full amount thereof from time to time unpaid, at the rate of five percent per annun from the date of this resolutfon, shall be a lien Goncurrent with general taxes upon the property described therein and all thereof. annual installments extending over a period of five years, the first of sdid install- ments, together with interest on the entire assessment from the date hereof to December 31, 1957, to be payable with the general taxes for the year 1956, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the yearsL1957, 1958, 1959 and 1960, collectible in the respective ensuing years. 3. Prior to certification of the assessments to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assess- ment or any installment thereof without interest to the Village Treasurer and thereafter such papent may be made with accrued interest to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, they shall be cancelled on the books of the Village Treasurer, and he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall, be cancelled on the books of the County Auditor. 4. a certified duplicate of said assessmeits, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the Coun-by Auditor shall thereafter cause said assessments to be collected in the manner provided by law. designated as ASSESSimT l3OLL FOB S& DPEOVXEBQ NO. C-69; and all-amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer, and by him credited to the Bond Impmvement Redemption Fund. Motion for adoption of the Resolution was seconded bycDickson, -and on Rollcall there were four ayes and no nays, as follows: Fronlr, aye; snd the Resolution was adopted, The total amount OF the assessment shall be payable in equal consecutive I The Clerk shall, as soon as may be, prepare and transmit to the County Auditor Said duplicate assessment roll shall be . I Bank, aye; Dickson, aye; Tupa, zp; and AlTARD OF BIDS U.El3N DECENEEB 10, 1956: taken this morning, together with his recommendations . 1. St., Ilildred Ave. to Rolf jive.; Rolf five., 't.J.64th St. to ~65th St. Five bids-- Phelps-Drake Co. , Peter Lametti, Swanson Excavating Co * , Art Bo&r Const. Co. , and Northern Contracting Go.; Phelps-Drake being low bidder, with r315,561.90 for Kay conpletion, ;:J.6,964.70 for Dei5ernber 31 completion. IIr. 0&l, otmer of a home now- under construction on Kildred Avenue, asked for the early completion date. stated the later date muld work a hardship on him. cost, with the early date, would be less than that estkt?d. for the Public Hs-rtn,~~ There ;?ere no o'ujec-bi-;ns raised as to the early date award, anCDickson moved tha'c contract to conplete by December 31, be awarded to low bidder, Phelps-Drake Co, 1.10-Lion seconded by Tupa and carried, 2, Xanager Hyd.e presented Tabulations of Bids Action as hereinafter - recorded. WiTWLL4ZG EiPROVi3iZIKC MOO 118 - 14ildred Ave., Valley View Fide to T1.65th St.; lJ.65th He 14r. Zilcan reported that the TWCTOR-LOADER. Manager Hyde c read bids received, being as €ollov~s : $3,995.00 $4, 599.00 and blade $5, 042.50 and blade C' . <Davis * $3 , 780.00 $3,847.34 $3,255.00 nstleford Equip. Co. - Intl. #300; Davis #02 Loader, Shawnee Bement-Cahill Equip Go. - Noline $335 Elmer Geiger Farm Equip Co. - Case &lo; -Shawnee Loader, broom Goper Equip.& Supply Co, - John Deere #&20U; Hemy Loader, broom "?idway Tractor & Equip. Coo'; Ford #850; Pep4 Loader, Henry broom Phillippi Equipment Co. - Intl. #300; Bavis Loader,Shamee broom Broom Amended after letting to - $3,949.00 He explained that specifications were written on a weight basis; that the Case, International and Fiolivle tractors qualify; that the John Deere and Ford representatives were told that they might bid if they so wished, knovctng that their eq~pnent wad light as to specifications. 1-ir. French, Parks and Recreation Director, explained why he feels a heavier tractor is necessary for the work, citing recommendations by NIinneagolis Park Board. Er. Hyde stated he feels-that, as a matter of policy, the amended bid of Phillippi Equipment Co. should be disregarded. Representatives of the lighter tractors asked to be allowed to denonstrate their equipment before a decision is made; and Bank moved that Council go on record w5th the policy of not accepting an ameyded bid, that demonstration be had on all types of tractors for which bids have been submitted, and that recornendations be submitted to the Council at the conclusion of said demonstrations and by the nexL regular meeting. seconded by Tupa and carried. I LIotion Suburban Red & VMte Cab Go., supported their application for licenses by stating that it is not their plicy to come into a suburb and drive out any independent . campany which is giving good service; that they believe Edina Taxi. Company is giv5ng good service; but that, if Edina wishes to open the Village to taxicab compekition, Suburban Red B YThite would like an equal opportunity with Bellow Cab Company to show what they can do to give service. representing Edina Taxi Company, stated he feels Edina *has better service than Uinneapolis because the city has one cab for each 2,200 people, whereas Edha has one cab for each 1,300 persons. He traced ownership of TEnneapolis Yellow Cab backto its Fare& coxpny, Checker Cab Company, an eastern corporation; then stated he feels that in order to see that Edina really has service, Edina must have a coapany y'nich relies on Edina business for its continued operation. Dickson then moved that the Council maintain present sixbeen licenses as the maxinun number of licenses to be. issued, with review of the matter possible after a twelve-month period. Attorney Norton, Notion seconded by Bank and carried. NOTICE O$' €EAKD$G @I IlORTKSSTERlT BELL TEmPHONE CBIpAIJy*S APPLICilTIOiJ FOX B-DE INCB.ZAsE was filed. &mesota Railroad and Ifarehouse Commission. Hearing to be held Tuesday, December 18 at 9:30 A.l-l., before Hotice ordered placed on record. APPLICATIOl~ FOR PERITTsf TO CONWERT BASRENT DE0 AN APARTYEXT, 4524 B2OOKSIDE A'. y filed by lk. P. E. Olson, vas reviewed. Bank's motion that petition be denied vas seconded by Tupa ad carried. P%pTI.IONS FOR ITIPROV3ZZIITS: December 1, for 1957 The following improvement petitions , filed before 1. 2. 3. 4. 5. 6. 7. 23. Blacktopping - Blacktopping - slacktopping - Blacktopping - Blacktopping - Blacktopping - Slacltopping - BlaClCtOpping - Yest dve L construction, were filed: 11.6lst St,, Chowen Ave. to 3whg he. Beard Ave. , I.T.6Oth St . to ~1.62nd St . Glengarry Parkway, 5500 Block. Birchcrest Drive, V.60th St. to Code Ave. W.5&h St., Vooddale Xve. to Concord live. Fairfax Ave., Woodland Rd. to 1Jm5&h St. !Zestwood Court . Vest Shore Dr., 8.7Oth St. to Belvidere kne; Andover Ed., 9. Oiling - Beard Place, v.61st to w.62nd St., and tT.62nd St ., Besrd Ave. to 10. Curb and Gutter - t.~.62nd. St., Concord &e. to St.Johns Ave, ll. Curb and Gutter - Beardrilve., Tr.60th St. to lf.62nd St. 12. Grade Et Gravef or Storm Sewer - Zenith Ave., 5€B5-5809.- 13. Sanitary Seuer - Doncaster ?%y, Ayrshire Rd. to approx. 300'Ft. '14. of &. Sanitaq Sewer - TT.59th St,, Tracy he. to R. R. Tracks. 15. Sanitary Sewer - Grove St. exbended 11. from end of Grave St. to Olinger 16, Sanitary Sewer - Balance of South Gardens Estate as per Prelim. Plat of 6/6/56. 17. Sanitary Sewer - S1/2 of HEl./4, Sec.3OYT.2&$.,R.2& (betv1.64th & 66th,?T. of France). 18. Sanitary Sewer - IEl/4 of 13E1/4,Sec.31,T.28,Rm~ @,of 70th St.,:T. of France) . 19. -?fatemain - Grove S%. extended IT. from end of Grove St. to Olinger Rd.; 20. Waternain - 11.59th St., Tracy live. to R.R. Tracks; Crescent Dr., V.59Lh St. Shore Dr. to Xooddale Ave.; Belvidere Lane, Vest ShorB Drive to Ifooddale -; Yooddale Ave., I.J.7Oth St. to Belvidere kne. C C howen he . c- Croyden Lane. Ed,; unnamed streets &ending N. of Grove St. maned streets exLending N. of Grove St. to Benton he. 21. 1Tatermi.n - S1/2. of ~~1/4,Sec.3O,T.29N.,R.2kr;J (betw.64.th & 66th,V. of France). 22. Vatemin - ?El/l+ of f~l/~.,Sec.31,T.2EN.,R.~T~ (S. -of 70th St.,TT. of France). 23. .Watermain - Skyline Dr.; and Interlachen Bld., T1ilE.m Ave. to Slgrline Dr. 24. Sanitary Sexer, Yaterma* and B1achi;oppin.g for Ch+m Plat. together with the following p+ition filed after December lput acconpanied by a plea for urgency: hinitary Sexer - Tingdde Ave., Benton Ave. to ~~60th St. Bank's motion, that petitions be accepted and referred to the Village Engineer for the scheduling of Fubliic Hearings, was seconded by Tupa 2nd carried. 25. PBELItI3KlARP PGIT OF LOT 12, BLOCK 1: CODE'S HIGXVE3 PliI3.K tms referred back to Xessra. "Law and Hsde for further study, in accordance with Plahing CormZissionx s recomendation of"Decanber 5, by Xotion Tupa, seconded by Bznk and Carried. FDJAL PL4T OF WIODY POllE", EZlTEZ3T BdJSDI ROAD DID BDiTOlI AID ~7.60~~ ST. approved subject to an engineering check, as per Planning Conmission's December 5th recomnend&ion. vas Ilotion by Bank, seconded by Tupa and carried. 12/1a/ 56 PETITION FOR REZONING TO CO~~KLTY STORE, 6200 FBANCE AVENE. was denied by Notion E!a&, seconded by Dickson and carried. recornendation was for denial. OLD STRE33TCflR RIGHT-OF-NAY A THOROUGHFARE FOR EIOPICINS-EDIRA, a proposition suggest e by T-Ianager Frissell of Hopkins, to the Planning Commission, has received Commission~s recommendation for further study, December 5th recommendation, was seconded by Tupa and carried. Planning Cornmissiont s December 5th Dicksonls motion, accepting Commission*s GAIWNJB E1EpORT ON REZONING was presented, together with Planning Commission's decision for further study before making recommendations to Council. taken. PETITION FOR VACATION OF W.59TH STRXEI EEI" BROOKVEll !iVENUE ATdD PARK PLACE was submitted, together with Planning Commission's December 5th recommendation that petition be denied because of the possibility of WTitf,59th Street's becoming a major way of access to Lake Pamela Park, recomerxiation and thus denyjag petition, was seconded by Tupa and carried. FINAL PLtrT OF l*DANIJOIN1l ADDEION. Victorsen had suggested access from this plat to the new Edina Highlands School, stated he bel'ieves this would be impractical because of the steep grade involved; that both Nr. Kuhlman and ErS Prior have agreed that there is nothing to do about this access, now. plat's-being chmged at this time. filed, for the reasons that proposed access to school would involve a very steep grade, and mother access can be obtained from Ayrshire Blvd. approval of Final Plat as submitted. SPECIAL EF;ECTION OIJ BOND ISSUE FOR PEiRKS. French reviewed for the Council the revised plans for acquisition of property, stating that the Park Board plans to acquire some 12 additinn& t,racts of land for playground purposes, in addition to the Hays property on which an option has been obtained. He asked, on behalf of the Park Board, that the Council set a date for some time in February, for a Special Election on a Bond Issue of some $850,000, to cover $350,000 for acquisition or" land, $300,000 for develbpmenk, and $200,000 for a swimming pool, I with particulars -to be decided at a later date, at a meeting of Council and Park Board. He also asked for authority to enter into a purchase agreement for the Larsojn property, being some eighteen acres on Hansen Road and Highway 169, at a cost of $U,500 plus some $3,000 in out- ,standing special assessments. large areas which the Park Board hopes to acquire. purchase agreement for Ttarson property at the price stipulated, was seconded by Bank and carried. date for the Special Election on the Bond Issue for Park Purposes. seconded by Tupa and carried, 17, was tentatively set as the date for the Special Council-Park Board Heeting for decision on the questions for the ballotc. No action j Bank's motion, accepting Commission*s I, Nanager Hyde, reminding Council that I&. He stated the developer is very much in opposition to the Mr. Hyde recommended accepting the plat a% Tupa moved for Motion seconded by Bank and carried. Parks and Recreation Director Clifton , 35.r. French stated this is the second of the three Tupars motion, authorizing Bank then moved that Tuesday, February 2, 1957, be sot as the - Kotion At the request of the Park Board, 1-Ionday, December POLICY ON RX-OPEXDTG OF F3XECTE,D BIDS, opinion on the matter of the CounciZts re-considering bids which had been rejected. He explained'that the Council had taken bids on Noveniber 12, for the re-roofing of the Library, and ha.d rejected them because of the feeling that inclement weather would teEd to prd&e an ?3nferior job; that the low bidder would still like to do the work and. 1.Jill give' a ten-year guaranty. re j ect ed, can we re-open them?" Nanager Hyde asked Attorney Windhorsfcts He asked, "If bids have once been Mr . Yindhorst s answer was "No . FELL SITE ACQUISITION, at the corner of Benton and Hansen Road (or the lot just South or", the corner) for $1,800, for a+ well site, engineer and by the Village water department; that, by next summer we will have some 4,000 water customers an$ must be in a position to expancl our system. Bankts motion authorizing purchase at the price quoted was seconded by Tupa and carried, IT;IFnOTEXEPE KEAFtING OIt HODEENIZING STREET LIGHTIN G SYSTRC AT 50TH AND FRANCE BUSmSS DISTRiCT was tentatively scheduled for Nonday, January 14, 1-95", at 7:30 P.N,, by motion Tupa, seconded by Dickson and carried, Nanager Hyde explained he has had some meetings w2th owners to determine just what they v~an'c; that Northern States Power Company is now working on specifications, Engineer Zikan reporZced "chat present wiring is undersized and is causing heafcbg; that larger sized FJiring should be used. DPEOWWT l3&4BTI\TG ON PROPOSED NIIVE-NILE CWK TRUNK SB,ER was tentatively scheduled for Nonday-, January 28, 1957, at 7:3O P.I4., by motion Bank, seconded by Tup and carried.- Nanager Hyde asked authority to purchase one lot' looil45 Pt, He reported this site has been approved by the consulting I 4 '3 12/10/56 T,AXICDJ3 OEDEUJGCE. which will provide nork control on taxicab operators; and Bank offered the ' folloiring Ordinance, moving that the Council dispns'e with the second reading and adopt Oritinznce as submitted: lIanager Hyde again recommended adoption of an Ordinance - 03DIiWCE IJO. 171-1 - 1 O>BIX&JCE EiLEX?DiHG ~DiI~~~~CE i'J0. 1'71 OF THE VILLGZ, 1 PROVDjiJG FOR TFE I;CCBTSING OF TAXICABS &4D TA;CCCm Section 1. Sections 8 and 10 of Ordinance No. 171 of Lhe Village are hereby repealed and rescinded. Section 2. Section 9 of said ordinance is hereby renumbered Section 8, and Section 11 is hereby renumbered Section 19. Section 3. Said ordinaye is hereby mended by adding thereto the f onot-ring : %ection 9. Taxicab Driver's License. nor pewt an mployec to drXve a taxLcab within the Village without such driver having first obtained a taxicab driver's license pursuant to this ordinance; provided, that any driver licensed to operate in another municipality in t'nis State may carry passengers from such mud- cipality there licensed 4x1 any place or point within t'ne Village, and may freely enter and travel upon the streets and thoroughfares for that purpose, znd may receive passengers for carriage to said municipality where so licensed, and in such case it shall not be deemed necessajrs for , the driver of such vehicle to be licensed as herein required, but such driver shall not be permitted to solicit or pick up business on the streets of the Village except when a return trip has been previously arranged, or to otherwise operate within the Tillage without being licensed under the provisions of this ordinance. Tlhile t~thin the corporate limits of the Village, the driver of such vehicle r%om another municipality shall observe all the regulations and conditions of this ordinance and shall have with him the license certificate for said vehicle and display the same to any person on demand, 'No person shall drive a -i;axicab, . ' %ection 10. Requirenents for Applicants. Each applicant for a taxicab driver' s license must comply with the f ollor.ring requiraents: (a) He must first have obtained a chauffeurrs license from the State of Wtmesota and shall provide proof thereof. (b) He must be a citizen of the United States, over 21 years of age, a resident of Hennepin Countyror any contiguous county, ad be able to read and .r.srite the English language. (c) He shall furnishla certificate by a licensed physician showing that he is in sound physical condi%ion and has good eyesight, and that he is not subject to any disease or infirmity of body or-mind which might render him unfit to operate a tdcab. (d) He must be clean in dress and person and not-addicted to the use of Lntoxicating liwors or drugs. (e) He shall provide testimonials to his good character from two reputable citizens who have Imovm him personally and observed his donduct during -the one year neaut preceding the date of his amlicjtion. (2) He shall give his full name, residenc'e, place of residence for five yeas previoqs to his application, his age, height, color of eyes, year and place of bi&th, place of previous enploymnt, &ether he has even been convicted of a felony or misdemeanor, whether he has previously been licensed as a driver or chauffeur and if so, >hen and where, whether his lic'ense has ever been revoked and far what cause, and whether he has ever previously been denied a taxkab driver's license, and if so, where and for what cause. (g) He shall, then requested to do so, demonstrate his knowledge of the trsffic regulations of Lhe Village and the State of Ninnesots, 2nd c his skill and ability in drLving a vehicle. 1 lFLectfon ll. License Fee. The application for a taxicab driver's license shal be acconpanied by the annual license fee of $2.00 "I "Section 12. Investigation of Applicant. The application shall be referred to the Chief of Police, who shall cause an investigation OB the applicant to be made and shall make a recomndation as to the granting of the license. The application shall. then be presented to the Tillage ihager, who nay grant or deny -the sane. "Section 13. Temporary License. Pending the application for qtta5cab driver's license and for a wried of..not to exceed 30 days, the applAcat may be issued a ternprary license by the Village Nanager, if the gopli-- cation does not disclose any reason why the applicant is disrpalified froin receiving a license. 12/10/ 56 "Section 14. Driver's Change of Address. Every licensed taxicab driver shall give notice ia raiting to the Village Ilanager &en he changes his residence address. Y3ection 15. Term of License, Applications for renewal of taxicab driver's licenses may be made upon forms provided by the Village IIanager, Every application for renewal shall contain the name and address of the applicant, together with the date and number of his original license, and such supplenentary inform2;f;ion as the Village Kanager shall deein necessary to determine &ether the applicant's qualifications have changed or been affected by events o ccurrhg subsequent to the granting of the initial license. for renetJ.al shall then be referred to the Chief of Police for in- yeskigation and recommendation as in the case of the original application . The application *'Section 16, Suspension or Revocation. Taxicab licenses or taxi- cab driver's licenses may be suspended or revoked by the Nanager at any time for cause. Wection 17. Condition of Taxicabs. No taxicab shall be licensed, nor shall any vehicle be used as a taxicab, unless it complied - tdth the f ollo<ring reqLiirernents : (a) the transporbation of passengers (b) inside and outside, shall be 2c-1 good appearance and well painted, and in clean condition inside. (c) It shall be equipped rdth a taxineter in good working order, equipped rdth a light so placed as to enable the passenger at all times to see the fare registered when operating on the meter basis. (d) It shall have displayed therein a facial photograph of the driver, together r.si.t;h his name and adaress znd the number of his taxicab driver 1 s license (e) Az1 d.nd0~~ and windshields shall be of shatterproof or non- shatterable glass, and every taxicab shall be' equipped with four- wheel brakes. It shall be in a thoroughly safe condition, mechanically, for It shall have doors that can be easily opzned from both the Section 4. This ordinance shall be in full force and effect from and af%er its passage and publ5cation according to law. lfQtion for waiver of second reading and adoption of'Ordinijvlce was seconded by Dickson, and on Rollcall there were four ayes and no nays, as f0lloi.r~: Bmk, Village Clerk COTIDXINATIOH OF EASENFXC FOR STCB39 SiWER EG'ROEBST NO. 35. reported having received a cornmication, this evenhg, from Assessor Alex Creighton, wno has been atternfling to negotiate an easement for Storm Sewer through the so-called Jensen Property 5x1 Section 5, Tovmship 116, Range 21, to the effect Vnat the eleven heirs cannot agree on giving said easement. IIr. Zikan told the Council that an estimate for re-routing the storm sewer is $8,000, plus the cost of blacktop replacement. OS the easemeiit, for the reason that said easement should not damage the propzrby greatly and he feels damages vrill be considerably less than the extra cost of putting the sewer in the street. put considerable time in negotiakion, but that it seem impossible for the many interested persons to come to an agreement. Resoluthm and moved its adoption: Engineer Zikan He recommended condemnation Ik. Zilcan told the Council 14r. Creighton has . Bank offered the following RES OLUT ION ON C OND~~~JAT ION Village of Ed& obtain certain perpetual storm sewer easerw.nts; and certain pwEetual storm sewer easements in the property hereinafter described: PAECEL - ;2 psrpe-bual easement for the construction, installation, operation, P~RZ&, It is necessary, advisable' and in the public interest that the f.W3T!iSY In order to accomplish such purpose, it is necessary 'GO acquire maintenance and repair of a storm sewer in, under, over and upon the follovfing described permises: I- A ten (10) foot strip of land, the centerline being described as follows: "Beginning at a point on the east line extended South of Lot 319 Ilfomdale Third Addition, and five (5) feet South of the South Line of West 61&h Street as lzid out and platted in Nomandale Third Addition; thence Vest parzllel with West 64th Street a distance of sixty-six (66) feet; thence ai a deflection angle 12/10/56 1 of ninety (90) degrees left a distance of 671.52 feet, more or less, to Uine Uie Creel:.t1 Section 5, Township U6, Range 23, County of Hennepin, State of 1.Iinnesota. If l.wAS, The efforts of the Village of %dim to obtain such an easement TTm&, The Village is advised and believes that the most feasible ?'ElEFiSAS, $r reason of -the fsfiure of 'the Village to obtain such an ease- All situated in the Uorth one-half (B1/2) of i q. G from the mmers of said parcel have been unsuccessful; and location for such storn sewer easexents is on the land above described; and ment, it has becme necessaxy to procure title to such land by right of eminent domain, NOY THEEEFOEi3, BE E RESOL, That the Village of Edha proceed to procure the easemnts 'in the above-described land under its right of eminent domain, end that the Tiillage Attorney be instructed and directed to file the necessary com- plaint therezor and to prosecute such action to a successful conclusion or wLil it is abandoned, dismissed or %erit&iated by the Village or by the Court; that the Village lit-torney, the I4apr and the Clerk 80 all things necesszry to be done in the cornencement, prosecution and successfil termination of such action. ZIotion for adoption of the Resolution vas seconded by Tupa, and on Rollcall there vere three ayes, as follows: voting, as f0llor.s: Dickson; and the Resolution was duly adopted, Banlc, aye; Tupa, aye; Fronlc, aye; and one not 7 .. SIGIJ ORDlTi&XE ki23iJDX!Gff. Ordinance hendnent, rhich has been discussed by the Council at previous meetings. Bank offered the follotring Ordinance, moving that the Council dispense vith its second reading and &opt Ordinznce as submitted: OXDiIJANCE IJO. 614 &J oi7DI1JiQJCE EZGUL4TIIJG AtD PXOVIDTNG FOR THE E-hager Hyde asked for action on the proposed Sign TJCZI!;i LTG OF SIGlJS : FI!IFS&DJC- ORDITLUCES Section I. Definitions. For purposes of this ordinance the following The term rrsign*f means any letter, mrd, or symbol, device, poster, defidtions rill zpply to the terms used: picture, statuaq, reading mtter'or representation in the nature of an advertise- ment, amouncaent, or direction, whether painted, posted, printed, ar"€ixed or constructed, which is displayed outdoors for advertising or informational purposes. (b). The tern lfbillboardll mews any sign exceeding 50 square feet in area, erected, constructed, or maintained €or the jnxrpose of outdobr advertisbg, whether such sign is independently supported or placed upon the ground, roof, or wall of any building, and the adver'tiseruent thereon does not relate to comodities or the business being conducted upon the premises. over public property aore than 12 inches. lines of the surface uhich bears the advertisenent, or in the case of letters, figures, or symbols, attached directly to any part of a building, that area:which is included kthe smallest rectanglk which can be mde to circunscribe each letter, figure, or symbol displayed thereon, Siws Zor which Permits are Required. Before a sign having-a sign area of 6 square feet or more, or any si= to be located within 50 feet of my street or hL&way sim, or of any tra€fic sign or signal, or of any street or cross- walk, may be displayed, the ovmer or occupant of the premises on which Lhe sign is to be located, or the oT;ner of such sign, shall file application with the Village IIanager for permission to display such sign. The applicant shall subdt xith the application a complete description of the sign and a sketch shovhg its size, location, manner of construction and such other information as shall be necessary to inform the Village ifanager of the kind, size, material, construction and location 01 the sign. The applicant shall also submiti at the time of applicztion the initial application fee and the current annual maintenance fee, as my be required by Section 6 of this ordinance. Despite compEance by the applicant with all other provisions of this ordinance, the Village Xanager may deny the pernit of the erection of the sign for whtch perrrrit is re- quested would tend to create or increase a traffic or safety condi-kion dangerous (a) (c) (d) The tern "projecting signt* means any sign, all or any par% of rrXch exbends The tern 81 sign area" mans that area of each sign within the marginal Section 2. The pennit, if issued, shall specify the location of the sign. to the public. to nex signs, but also to the rephting of a sign p ainted on the roof or vrdls of a building so as to change substantially the message .or design thereof. The qequirenent of a permit imposed by this section shall apply not only Section 3. Special Bestrictions in Open Developmen% Qistrict. & addition to all other restrictions, the folloTJing restrictions Zhall apply to signs hereafter constructed, posted, printed, painted or affked k the Open Development District : No sign, except street and traffic signs, may be displayed Idthin 100 feet of the rig&-of-way of Momandale Road, unless such sign xras in eiistence oa the effective date or" this ord-inance. Bo sign having a sign area of more than six square feet, except signs having a sign area of not more than twenty-four square feet which adve~bise the sale of all or a part of the land on which the sign is locxbed, may hereafter be cwstricted, painted, posted, printed or affixed within 500 feet of a d~felling, unless such dwelling is also owned by the owner of the land on rfhich the sign is located. If a dwelling is erected or acquired within 500 feet of any such sign tfnich was not in e,ds-bence on Hay 24, 1948, the permit for such sign shall be revoked, unless the person erecting or acquiring the dwelling is also the owner of the land on which the .sign is located. Section 4. No billboard shall exceed twenty-five feet in hei&t above the ground (a) (b) General Rules and Regulations for Signs. (a) or the ro,adway level, wllichever may be higher. statuary) erected upon the ground shall have an opening of at least $wo feet between the lower Edge thereof and the ground, which space shall not be closed in my manner. The otmer, lessee or manager thereof, and the owner of the land on which the same is located, shall keep all grass, weeds, and other growkihs cut and cleaned up between the billboard and the street, and also for a d.istmce of six feet behind at the ends of the structure. approach at any point nearer than three feet to any building or the side of any lot without the written consent of the owner of such building or land so affected, nor nearer to any street line than the established or customary uniform building line upon the street where such structure shall be erected. Every billboard (other tha,n (b) BJo sign, other than une supported on the walls of a building, shall (c) (d) Bo sign shall exceed one -thousand square feet in area. All signs shall be constructed in such a manner and of such rriaterfal that they shall be safe and substantial., according to plans and specifications to be approved by the Manager; provided, that nothing in this ordinance shall be interpreted as authorizing the erection or construction of any sign not now permissible under the zoning or building ordinance of the Tillage. rmtter. the design thereof and the hours &ring 5.rhich the same may be kept lighted, when necessaryto prevent the creation of a nuisance, adverkise my firm or product other than a firm doing business on-the tract or e parcel of land on yhich the sign is located, or a product which is for sale on said tract or parcel of land, (e) (f) (g) 140 sign shall contain any indecent or offensive picture or written The lknager in granting permits for illvminated signs shall specify No sign except signs located in the Open Development District shall (h) (i) No sign shall be displayed on any public street, A permit for a sign to be located within 50 feet of any street or high- way sign, or of any traffic sign or signal, or of any crossroad or crossr;ralk, ifill be issued only if trims to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk, and (2) the sign sd.11 not distract drivers or offer my confusion to any stre&t or highway sign, or any traffic sign or signal. (1) Ithe sign will not interfere with the ability of drivers and pbdes- .Section 5. (a) ihy sign which Removal of Signs Violating Ordinance. (1) is erected or displayed without a perm2t having been obtained, or aft& permit therefor has been revoked, if a permit is required for the sign by Section 2 of this ordinance, or is out of repair, rotten or sunsafe, shall be removed, repaired or secured, as the case may be, by the owner of the si@ or by the otmer of the premises upon which the sign is located, within 20 days aftei- mailing of notice so to do by the Clerk to the ovmer of the sign, if lmotm, and to the owner of such premises, stating the reason why removal, repair or secwing of the sign is required; provided, that when a ped% is revoked pur- suant to the provisions of Section 3 (b), the time within which the sign must be removed shall be one year. year period, the Iianager may cause it to be removed and the Village may collect the cost of removd from the olmer of the sign or the owner of the premises on wlSch it tras located, by action brought in any court of competent jurisdiction. of any other penalties for violation of this ordinance. (8) (b) If a sign is,not removed, repaired or secured within such 20-day or one- (c) The collection of such cost of removal shall not preclude the imposition Section 6. Fees. For zny si@ for td$.ch a pernit is required by Section 2 of this ordinulce, except signs displayed or caused to be displayed by any public oorpration, church, library, museum, school, or hospital, and directional or informational signs of a public nature the payment of an initial application fee of $2.00 shall be required, for the purpose of defraying the cost of exanining the application for perni.t and the accompanying description and other information, There shall also be required, for each sign as to which an initial application fee is rewired, the payment of an annual maintenace fee according to the following schedule: T;me or" Sign - Pat e liinimum Pee Pro j ecthg Sign lo$ per sq. ft. <j 7.50 Billboard lo$ I1 It It 15.00 Other Signs 5$ It 11 I1 5.00 pro%i.ded, that pa3men-L of the annual maintenance fee shall. not be required for signs which ere painted on the roof or r;alls of any building. The maintenance fee shall be payable at the time of application for permit, and on or before April1 of each year thereaftep, begjnning on.Apri.11, 1957. Inspection of Construction, ?ken a permit has been issued for construction of a new sign having iu1 area of more than 100 square fee%, or a projec-Ling sign, the Building Inspector shall inspect the construction of such sign in order to deternine that it is being constructed substmtially in accord- ance T.rith the application for permit and data accompanyiqg the application. Before any permit is issued for the erection of any projecting sign, the applicant shall file with the Village Manager a public liability insurance policx or a cor- porate surety bond -Lo cover personal injury caused by the negligence of the licensee and contractor in erecting and maintdning such sign. in the mount of $25,000 for %he injury of one pcrson and $50,000 for the injury of %VJO or more persons in the same accident and for $5,000 property damage, End shall be subject to the approval of the Village Ihnager as to its fom and surety. Such liability insurance policy or bond shall bear an endorsement 02 the insurer or of the surety therein to the effect that the sane cannot and vsill not be cancelled or in any manner terminated Trithout first giving the Village 'Sknager at least 15 dwsl no'tice or" cancellation or -i;emination thereof. . repealed and resc~ded. and pvblication according to law. Zo-bion for rraiver of secolzd reading and adoption of Ordinance as submitted TELS seconded by Tupa, and on Rollcall %here wre four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tup, we; and Fronk, aye; and the Qrd Section 7. Section 8. Projecting Signs; Public Liability Insurance or Surety. Such policy or bond shdl be Section 9. Section 10. Ordinances i\Tos. 61 and 61-1 of the Village are hereby I This Ordinance shall be in effect from znd after i%s passage e/ 4 IIayor Pro Tern Village Clerk RPPOBZ'$EXT OF PAEE SOlJLD 1EJEBR. that I&. George ?I. Yeatherbee be appointed as a meniber of the Edina Park Bard, for the unexpired term of I&,, Clinton Odell--to January 1, 1958. Dichon*s motion, that appointment be confirmed by Council, was seconded by Bank ad unaulhously cami ed. r - Hanager Hyde reported Uayor Bredesen' s suggestion VOTEG IJXHIilTE: FLEF02T as prepared by Clerk was reviewed and discussed, and Tupals motion, authorizing bids for a maximum of twenty-five voting machines to be taken JanuaG 14, 1957, I& seconded by Dickson and carried. TOTING I~L4CHIXES AT ZEB3i.Ja23S vot%g mchbes at Vhe proposed February 5th Special Election was reported by I-Imager Hyde. tine, it may be possible for Edina residerics to try voting maewes at this elec'ckon; -that if voting mchhes cm be used it may be possible to use the Village Hall as the one boiling place for Vne Villege. Tillage Attbrney be directed to make the necessary investi&ion to determhe the feasibility of using Voting llachines at the Village Hall for the February 5th Special Blection, and, if this procedure is found to be feasible, to do all things necessary to make said procedure legal, was seconded by Tupa, and, on Rollcall vote polled four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa, aye; and Fronk, aye, WLEW AFROV 03 KIGKAS EO.lOO ND TmON ROAD was advocated by Trustee 'rum. Ik. Hyde reported iAmt the electricians are ready to instzll it just as soon as an agrement can be reached riitl-r the Highmy Department concerning type. SmCLN; ZIECTIOIJ. The possible use of Eichfieldts He stated that, if legal and technical details can be worked out in I Bankts motion, that Villzge 12inager and . I-fiGUE"IC PRIBSIEE PADS FOR SIQJALS AT PTH tbt the llStoptr on Tooddale entering X.50-th Street is too long; and Engineer TXIODDKLEL Complaints were received c 12/10/ 56 I 4-9 Zilcan reported that the Village has had a tremendous amount of trouble with these signals because of the obsolete type of pressure pads in the system, purchsse of magnetic pressure pads, at a cost of some $275.00 each, Bankrs motion, that the Engineer's recommendation be accepted and the Village make purchase of magnetic pressure pads for this signal, was seconded by Tupa and carr ied GLADE IS PER PRELIST NO. 23 OF DECENBER 10, 1956, as follows, were honored for papent by motion Bank, seconded by Dickson and carried: He advocated General Fund ----- 8 4,463.93 Sewer Rental Fund ----- 8 350041 Poor Fund 607 e 20 Construction Fund . 87,903.00 Parks Fund 17,010.69 Spec.hssess. Fund 1,734 00 I Licpor Fund 36,4854 55 $201,0 5.4 . 49 Nat emorks Fund 6,151.11 Improvements Funds 46,34m It was reported that procedure for refunding special assessments is in order, except for a Resolution authorizing signatures against the "Special Assessment Befund Account". Bank offered 'che following Resolution and moved its adoption: SIGNKC ORY RESOILJTIOR SPECIAL ASSXSSfvENT REFUND ACCOUNT RESOLVED, That checks on the 'ISpecial Assessment Refund Account" of %his corporation drawn on FIRST BDlr\ra XATiONAL BANK, hereinafter called the Bznk, 2nd orders for transfer or @thdrawal of the funds. of said Vpecial Assessment Refund kccountll of this corporation on deposit in said Bank, in whatever form, shall be signed by two of the following officers: '%Q?EEN C, HYDE, Village Nanager GmCm S . ALDEN, Clerk-Treasur er BE E' FURTHZB Ri3SOLVED, Thzt said Bank is hereby authorized and directed to honor and pay any checks so drawn as above set forth, whethek or not such checks be payable to the order of one of the foregoing persons either in his individual or official capacity or deposited to his individual credit, and whether or not such signatures are followed by the title or office of the person signing, l4otion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa, zp; and - aye; and the Resolution was adopted Village Clerk I I Xanager Hyde reported that the last regular mee-Ling or" t.he year vi511 fall on Christmas Eve; that it is customary to dispense w5th the last regular meeting each year, in favor of an adjourned meeting during the week between Christmas and n'ew Years, at which finaricial matters are consideredo DicEsonKs motion, that Meeting adjourn until Friday, December 28, 1956, at 4:30 POTI., was seconded by Bank and carried. Tillage Clerk l-iINUTES OF THE SPECIAL NEETDJG OF TEE2 XDIUA VILL4GE COUNCIL AND PA3.K COZ~~D, €BLD iKNDP'f, DECXlBER 17, Neeting convened at 8:45 P& pursuant to due call and notice, Oorrncil members Bredesen, Tupa, Bank. and Dickson; Village 14anqer Hyde; Park Board members Strachauer, Stevens ; and Parks and Recreation Director French answered Rollcall, with Nr, French acting as Clerk, Letters ffom the Xdina Civic and Improvement Association and the 3dina Highlands Homeovmer 1 s Association regarding the proposed park bond election were read. Ik, French reviewed the changes =de in the park proposal, as a result of the recomendakion made by the Council and Planning Commission at a previous meeting. The recommendation was to add sufficient land to provide for needed fu-Lure neighborhood playgrounds. This necessitated raising the bond request from $750,000 to $850,000. After full discussion as to how the proposition was to be pu5 to the voters, Ike Bank moved and Ik, Tupa seconded. the motion to place before the voters two separate propositions : 1956 AT THE VZLUGZ HALL, AT $:45 P,lglo I le $650,000 for land and development. I 2, $200,000 for s.whing pool. Ilotion carried unanimously, Bank's motfon, that $750 be appropriated to cover costs of preparing and disseminath infomation pertaining to the park board plans to the voters, was seconded by 8 ickson and unanimously carried.