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HomeMy WebLinkAbout19570513_regular5/13/57 I.",idUTES VILLAGE AT 7:30 OF THE REGULAR MEETING OF THE EDINA COUNCIL, HELD IdONDAY, KAY 13, 1957, P.ld. AT THE EDINA VILLAGE HALL. ;:embers answering Rollcall \*:ere Dickson, Fronk, Tupa and Bredesen. Cinutes of the meetings of April 12 and 22 and Llay 7 were approved as submitted, by motion Fronk, seconded by Dickson and carried. PUBLIC HEARINGS 02 PETITIOXS FOR PERMITS TO CONSTRUCT DOUBLE DEELLINGS. presented Affidavit of :Jailing May 6, 1957, to property owners within 500 feet of the benefited areas, which affidavit was approved as to form and ordered placed on file; and, pursuant to said notice the following public hearings were held and action taken: Clerk 1. PETITION OF THERtELL BRCS. CONSTRUCTION CO. FOR PERtAIT TO COPJSTRUCT DOUBLE BUZGALO1;'S ON LOTS 6,7,8 and 9 EDINA BEL AIR 4TH DIV. (6013, 6009, 6005 AID 6001 FRANCE AVE. SO.) AND ON LOTS 9,10,11,12 AID 13, BLEG 1, EDINA BEL AIR 6TH DIV. (6117,6113, 6029, 6025 ANI 6021 FRANCE AVE. SO.) Xanager bide reported recommendation by Planning Comqission for approval, shovzed sketch of the type of home Thernell Bros. expects to construct, and stated that the Village is assured that Thernell will construct in accord with 'plans already submitted. 1.b. Glendon Johnson, 6108 Halifax, presented a letter written to a neighbor by 1.k. Hyde during 1956, informing her that the Planning Commisiion had disapproved the then request, because this area was already substantially built up with single-f mily dwellings. Thernell explained that the request had been re-submitted because owners had tried €or a whole year to sell this property for one-family dwellings, without success--that, unless double bungalows are constructed, the Thernells must construct homes of about $12,000 valuation, on a no-down- payment plan of sale, L'lessrs. Johnson and Paelek (5928 France), answering an inquiry by lk. Adolph (6300 France) as to ":;Thy do you object to double bungalovis,3", replied that these dwellings are usually not kept up and tend to depreciate the properties around them. his proposed dwellings will be in the neighborhood of $30,000; that owners cannot afford to let properties of this valuation deteriorate. 1.k. Paeler asked what guarantee residents have that the Thernells uill build in accordance r:lith the plans submitted; and 1.k. Gorden Thernell replied that the Company 5s v:illing to submit each plan to the Planning Commission for approval if that is desired. Trustee Fronk, stating it is his firm belief that double bungalows will be better €or the neighborhood as a whole than the alternative presented by the Thernells, moved that the petition be granted, with the understanding that plans be approved individually by the Planning Comrnission. vote. DOUBLE BUKGALC"5 OX TKE "SOUTH 1/2 OF THE EAST 190 FT. OF LOT 1, PEACEDALE ACRES (6008, 6012 AHD 6016 FRAXCE AVE. SO.). Planning Comrission has delayed approval pendin2 subnission of plans for these homes. in-basement type dwelling; stating these dwellings proposed to sell for around $22,000; Ynat it is not proposed to build garages, but to have parking space either at the front of the buildings or directly behind them. Tupa's motion, that action be tabled until proposition is properly presented, was seconded by Dickson and carried. 1:s. 1:s. Thernell's reply vias that tlotion seconded by Tupa and carried'hy unanimous 2. PETITIOIJ OF E. A. ROTHE AN! DONALD R. ROTHE FOR PERCIIT TO COXSTRUCT Manager Hyde reported the Petitioners were present, to submit rough sketches of a walk- PUBLIC HEARIKG OR PROPOSED CHAKGE OF STREET PJAI.'E--"ORNSKIRK LAIE" EACIC TO ROYCm ROAD. Affidavit of Publication of "Notice of Hearing", in Edina-Corningside Courier ?Say 2 and 9, 1957, was presented by Clerk, approved as to form and ordered placed on file. which changed the name of the street last fall. I3nes. Doyle, 4813 Ormskirk Lme, and Hoffman, 4803 Ormskirk Lane, and lk. Stevenson, 4817 Ormskirk Lane ,pi-esented a petition signed by owners of five properties on the street, objecting to its present name, and requesting that it be changed back to "Roycar Road". Ormes, petitioner for the original naie change, stated he does not like "Roycar"-- that it sounds like the name of a small car to him; that he will assent to any other name, but does not like Roycar. all the residents and ouners present, except L's. Ormes, asking that the nane be "Roycar Road". second reading and adopt Ordinance as submitted6 Alanager Hyde reviewed for Council and audience the proceedings I 2.k. Some further discussion aas had, with Fronk offered the following Ordinance, moving that Council waive 5/13/57 ORDINANCE NO. 164-12 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED ''AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE i.. OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 24 the following: "Section 25. Ormskirk lane, formerly known as Roycar Road, is hereby renamed ROYCAR ROAD. Section 2. This Ordinance shall be in effect from and after its passage and publication. Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: adopted. ATTEST : -* #7* / Dickson, aye; Fronk, aye; Tupa, aye; and Bredes aye; and the Ordinance was 9 -9 fillage Clerk PTBLIC HENING ON PROPOSED IMPROVEFcENTS. Affidavit of Publication in Edina- ldorningside Courier Kay 2nd and 3th, 1957, of "Notice of Hearings-l'latermain and Storm Sewer Improvements'' was presented by Clerk, approved as to form and ordered placed on file; and, pursuant to said Notice, the following Public Hearings were conducted , and action taken : 1. PUBLIC HEARING ON PROPOSED I'IATERIfiAIN IN li'ILRXAN AVENUE FROM ROBERTS PLACE TO !V.64TH STREET. 510,408.44, as against 1,650 Assessable Feet, for $6.31 per assessable foot. Elr. Peter Elsen, petitioner, was present to ask that work be expedited. He also inquired as to whether owners would be liable for the balance of the assessment if the State acquired this property for a cloverleaf; his inquiry being on behalf of the Amundsons, also property owners on this street. YJindhorst reported that this would not be true; that there is no liability for the assessment, that it goes with the land. against construction of a dead-end main, stating it is difficult to maintain, that owners do not get sufficient pressure and that water is stagnant and bad tasting. Engineer explained that the cost of a tie-in main would make this project prohibitive to those to be assessed. It was noted that there is a petition in for service on Tingdale Avenue between 63rd and 65th Streets, (just one block Cest of Uilryan); that if this could be constructed at the same time as the Xilryan project it should decrease the per-foot assessment for all concerned; and Llr. Elsen then inquired if it would help if a petition could be obtained for Viilryan between 64th and 65th. help, and he then volunteered to circulate such a petition. Fronlr then moved that matter of Wilryan watermain be tab'led pending approval of the additional petition and the incorporation of the Tingdale project therewith. Motion seconded by Tupa and carried. Attorney lindhorst advised the Council that it has the power to call a public hearing on its own motion if it so wishes, and, in order to get the matter settled one way or the other, Tupa moved that Council call Public Hearing for ldonday, June 13, on a proposed watermain improvement Idotion seconded by Fronk and carried. Engineer Zikan's Estimate of Cost was read at a Total of Kz. Tilanager Hyde then protested . He was told this would serve :l'ilryan and Tingdale Avenues between YI.63rd and B.65th Streets. 2. PUBLIC HEARING ON PROPOSED STORM SEVER BEGINNING ON II.58TH STe IdID'A'AY - BETSYEEId !YOODDALE AVENUE AID FAIRFAX AVENUE : TI-IENCE SOUTHERLY 120 ET. MORE OR - LESS. Engineer Zikan gave as his Total Estimate of Cost $2,617.34, as against 103,600 Assessable Square Feet, for $.0239 per Assessable Square Foot. IRr. David Larson, 5813 Fairfax Avenue, expressed himself in favor of the project for the reason that it will be cheaper to pay for the sewer than to fill his lot. Lks. Gerald 1.1. Smith, 5808 '.'looddale, protested the Estimate, asking why an amount of $50 has been added for Oiling W.58th Street when Oiling is assessed at 154 per foot and only about 10 feet must be oiled (she also maintained that 53th Street has not been oiled as yet). more than LO feet must be oiled because manhole is about 20 feet deep and dirt will work backward from the excavation; that property owners will pay only the actual cost of the project and not on the estirnate. L5rs. Smith also objected to paying an assessment for a condition caused by Addy Construction Company's not filling the back of its lots; and the owner of Lot 23 stated Addy had told her he had wished to fill these lots but that because of the protests of the neighbors (including the Smiths) he had not done so. ormers of seven lots, asking that individual property owners raise their, properties to the 58th Street level; or that further study be made to do Llr. Zikan replied that A petition signed by this project at a lower cost, was filed. protested they The owners of Lots 7, 8 and 9 pay $300 assessment and Secure no benefit, Some furiher discussion v:as had, and Tupa offered the following Resolution and noved its adoption: RESOLUTION OTZDERIKG Ir.!PRCIVEliEPTT . STCRI.1 SEYER Il:lPROVE?.EI4T NO. 41 BE IT RESOLVED bv the Council of the Villaqe of Edina, bIinnesota, that this Council heretofore cause2 notice of hearing to be duly published on the proposed improvement consisting of CONSTRUCTIOiJ OF VILLAGE STOFM SEVER AND APPURTENANCES Beginning on !;'.58th St. midway between 'A'ooddale Avenue and Fairf ax Avenue; thence Southerly 120 feet more or less; and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows: and the area to be specially assessed therefor shall be as follov~s: - All lots and tracts of land ctithin the following described boundaries : "Beginning at the E Corner of Lot 1, Block 5, Fairfax; thence Southerly to Yne SE Corner of Lot 2, said Block 5; thence 'Jesterly along the Southerly lot line thereof a distance of 35 feet; thence Southerly to a point on the Xortherly lot line of Lot 9, said Block 5, said point being 35 feet y!esterly of the 1% Corner thereof; thence Easterly to the IN€ Corner t'nereof; thence Southerly to the SE Corner thereof; thence Ylesterly along the Southerly lot line of said Lot 9 a distance of 35 feet; thence Southerly parallel with the Yest line of ?'!ooddale Ave., a distance of 90 feet; thence Easterly 20 feet; thence Southerly 10 feet to the North lot line of Lot 12, said Block 5; thence Cesterly along the North lot line thereof a distance of 75 feet; thence S utherly 25 feet; thence Y!esterly a distance of 120 feet; thence Northerly a distance of 20 feet; thence Y,'esterly to the East line of Fairfax Avenue; thence Hortherly to -the Sa: Corner of Lot 15, said Block 5; thence Easterly along the ' Southerly line thereof a distance of 35 feet; thence Hortherly to Southerly line of Lot 17, saidinBlock 5; thence Easterly 15 feet; thence Northerly 103 feet; thence Xesterly 15 feet; thence Xortherly 260 feet; th&nce Easterly 75 feet; thence Xortnerly to the Xorth line of said Elock 5; thence East to beginning." Xotion for adoption of the Resolution xas seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Dicksonm Fronk, aye; Tupa, aye; and Bredesen, aye; and -the Resolution was adopted. STORLI SEKER 1L;PRGVELlEIJT T:O. 41 . .. . . - 1.. &ggh@d !.I ay ox fillage Clerk A',"!AF3l OF EIDS TAKELJ CAY 13, 1957 - LIFT STATION FOR SANITARY TRUNK SE?.FR 140. C-1 Affidavitsof Fu3lication of "Advertisement for Bids" in Edina-Korningside Courier and Construction Bulletin April 11, 13 and 25 were submitted and approved as to form. Llanager Hyde reported receipt of four bids at 11:OO A.1.:. today, in response to said advertisement, being as follov~s: H. N. Leighton Cmpany $171,225.00 273,645.00 Phelps-Drake Co., Inc. $172,472.00 $175,046.50 Acton Const. Co., Inc. S183,030.00 I?o Bid Hurley Const. Co. $235,959.00 5233,430.00 Ihnager Hyde reconmended award of contract to low bidder, H.N. Leighton Company, on the "Alternate" Bid, which includes seeding, reinforced concrete driveway from building to street, concrete sidewalk from station to driveway, and fencing complete uith gate at drive entrance. Lift Stations and H.11. Leighton Company has not previously done this type of I:rorB the latter contractor has done considerable other work for us--all of it satisfactory-- and he feels assured that this v:ork, too, will be a satisfacto*ry job. motion, that bid be awarded in accordance with I.lanager's recommendation, was seconded by Tupa and carried. PG'ARD OF BIDS TAIEN LiAY 13, 1957 - CURB AND GUTTER PROJECTS B-45 AW E-46. reported that, in order to expedite these projects, the office had taken the liberty of entering advertisements for bids in the proper publications nithout formal approval by the Council--there having been three veeks between regylar meetings. After review of plans, Tupa offered the following Resolution and moved its adoption: BASE BID ALTERIJATE He stated that, although Pnelps-Drake specializes in Dickson's It cas RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPCSED STREET IMPROVEIE2flS NQS . B-45 AND B-46 - IUD C9NTIFiRING ADVERTISECEI4T FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. Xorningside Courier and the Construction Eulletin the follot:.ing notice of bids for said imPrOVeiitentS is hereby ratified' and confirmed: 3. The plans and specifications for the proposed Curb and Gutter Improvements 2. The action of the Clerk in causinp to be published twice in the Edina- 5/13/57 7 4w a ADVERTISELENT FOR BIDS -- CURB AN9 GLITTER NQTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the Village Manager in the Edina Village.Hal1, 4801 \E!. 50th St., at 11:OO A.M., fdonday 13, 1957. The Edina Village Council will meet at 7:30 P.M. on Monday, May 13, 1957, to consider said bids for the following: CONSTRUCTION OF CONCRETE CURB AND GUTTER IN: 1. Beard Avenue from W.6Oth Street to W.62nd Street. 2. W.62nd Street from Concord Avenue to St.Johns Avenue Work must be done as described in specifications on file in the office of the Village Clerk. which deposit will be refunded upon return of said plans and specifications. bids will be considered unless sealed and filed with the undersigned before 11:OO A.hI., May 13, 1957, accompanied by cash deposit, bid bond, or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE VILLAGE COUNCIL. Plans and specifications are available for a deposit of $10.00, No GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvement. Tilotion for adoption of Resolution was seconded by Dickson, and on Rollcall there Each and all of the terms of the foregoing advertisement €or bids are Llanager Hyde then presented Tabulation of Bids, stating only one bid had been received--that of Victor Carlson and Sonss as follows: VICTOR CARLSON G SONS STREET II@ROVE€.IENT NO. B-45 - Curb and Gutter in 7:.62nd St. from Concord Ave. to St.Johns Ave. $3,493.70 STREET IlblPROVEItENT NO. B-46 - Curb and Gutter in I4r. Hyde stated that both bids are below Estimate of Cost, and recommended that contract be awarded to the one bidder. award be made conditional to his advice to the Council that it is legal to award on one bid. this matter and he would like the opportunity of checking this ruling. UcBride, 6105 Beard Ave. So., asked that project be expedited. that contract be awarded to Victor Carlson 8 Sons, subject to Attorney's advice that said award is legal, was seconded by Dickson and carried. PETITION FOR PERMIT TO ENLmGE GARAGE-5601 LSOODDALE AVENUE e 14anager Hyde presented sketch showing Ih. Ev. Davies' proposal to extend his present double garage to the East, with its opening on W.56th Street- He stated that, even with this extension, the "lot coverage" provision of the Zoning Oddinance is not violated. ail1 open onto V1.56th Street* seconded by Tupa and carried. Behrd Avenue from W.60'ch St. to W.62nd St. $6,481.25 Village Attorney IJindhorst asked that He explained that the Attorney General has recently ruled on %re Tupa's motion, The garage Fronk moved for approval of request.- Gotion SAIJITARYB'R IMPROVEMENT NO. C-k NOTIFICATION OF SUB-LETTING OF COi'iTRACT, Council accepted Orfei and 1:Iariani & Sons Inc.'s written' notice of intent to sub-let part of .its work on Sanitary Sewer Improvement No. C-1 to Phelps-Drake Cornp any e - BLACKTOPPING AIW STORM SEVER PROBLEMS-SCHOOL. letter of April 29, calling Council's attention to the need for Blacktopping on Southview Lane, and discussing the storm sewer at 58th and Concord, was discussed. Discussion brought out fact that residents abutting Southview Lane on<the North have objected to Blacktopping because of the assessment against their side lots, but ldr. Hyde believed they would now assent because of the increased traffic since the building of the Junior High; and that this work could be done this year, Zikan reported that the Storm Sewer correction will be expensive. Fronk's motion, that both matters be tabled subject to a report from the Village Engineer, was seconded by Dickson and carried. School Supt. Milton H. Kuhlman' s FAr. BOARD OF RSVIEI? MEETING SCHEDULED FOR MONDAY, JULL1, AT 5:OO P.K County Supervisor Haeg's scheduling of the Edina Board of Review I!Ieeting for Monday, July 1; also reporting that it is impossible for the Village Assessor to have his records ready for reviehi by that date but that it is necessary to have meeting to comply with State Statute. Fronk's motion, that Meeting be scheduled for I:Ionday, July 1, at 5:OO P.L9 was seconded by Tupa and carried. Clerk reported 3.443 5/13/57 ACOUiSITIOIJ OF TAX DELITI~EIIT PROPERTY FCR PARK AiD PLA'GROUTD PUFPOSZS. Revie?: was made of action -taken recently in qequesting certain parcels of tax delinquen-t ) properties for parks and playgrounds; Clerk reporting that a Resolution is needed as part of the procedure. adoption: J Fronk offered the following Resolution and moved its RESOLUTION FOR ACQUISITION OF TAX DELINQUENT PROPERTY BE IT RESOLVED That the Council of the Village of Edina, Hennepin County, 1.iinne- sota, make application to the State or" Idinnesota for acquisition of the fol1ou:- ing property -to be used by this Village for public park and playground purposes: That part of Lot 1, Block 6, Sunnyslope Section, Country Club District, lying Southerly of a line running from a point in the Yesterly line of said Lot distant 52 feet Southerly measured along tne L'esterly line of said Lot from the Northwest corner thereof to a point in the Easterly line of said Lot 110.33 feet Southerly measured along the Easterly line of said Lot from the rbrtheast corner thereof, all according to the recorded plat (Parcel KO. 37375-1949); The :;'est 3 feet of the East 30 feet of that part of Lot 5, Block 3y Ylhite Investment Company's Hidden Valley lying North of a line running East at right angles from the ::'est line of said East 30 feet at a point 200 feet North along said line from the South line of said Lot, according to the recorded plat (Parcel No. 37376-1949). Hotion for adoption of the Resolution was y Tupa, and on Rollcall t'nere were four ayes and no nap, as follow: e; Fronk, aye; Tup, aye; and Bredesen, aye; and -the Resolution was ado %illage Clerk PETITIONS FOR It:PROVE.'lEtFS : The following Improvement Petitions nere filed action thereon taken as hereinafter recorded: c.ith 1. PETITION FCR YlATERtIAIN IN ORCHARD LAIUF i3ER.EH COOPER AVE AtJD DEAD ErD: AND IN 1UFERLACHEI.J BLVD., CILLTAM AVE. TO COOPER AVE, Clerk reported that petitioners want this improvement scheduled together with proposed improvement in Interlachen Blvd. from YJilliam Ave. to Skyline Drive and in Skyline Drive-- which latter petition cas filed in 1956.Engineer Zikan then reported receipt of a Sanitary Sexer petition for this same area, as follow: l-A PZTiTION FC3 SAiY SE!:ER Ii1 ORCHARD LAP: FRO:.! CLWPER AVEIJETO DEAD Em AID II.Xl3LP.Cf-E;~! BLVD. FRO:.! i.XR.ROR LAIES DRIVE TO CCOPZR AVEldUE. Era Zikan stated Samitary Swer should go in before the :;'atermain is constructed; and, when queried as to vhether the preliminary engineering work could be done $et this year, he stated it is not probable. be accepted and that action be taken alien Engineering Department so advises, was seconded by Tupa and carried. I Fronk's motion that both petitions 2. 3. I PETITIOPJ FOR ELACKTOPPIXG-ALLEY BET!'!EEN S. 55TH AID X. 5GTH STREETS AZJD BET;*'EEFJ XEFCES AiB YO2K AVENES. Clerk reported that sponsor of petition has informed her that she has been advised by "someone from the Village" that the Village may be c.illing to honor this petition, now, because it is-difficult for the Village Lo maintain the alley. Dickson's motion, tha-t petition be accepted and referred to the Engineer for report, was seconded by Tupa and carried. explained that there is a bad drainage proklcn in this area; that, if contractors build on both sides of the street on Rolf Avenue North of 64th Street there ail1 be no place for the water to go; that this is a small petition, filed by contractors whose permits hatyz! Leen delayed pendin2 Fettlement of tile drainage problem, but that it is an indication of ehe problem to be faced. PETITIO:! FCR STCX.: SEVER ITf ilOF2.QDALE SECOND ADDITIOX AFLZ.4.-Engineer Zikan Dickson moved that petition be accepted and referred to the Village Zngineer for study and report. and carried. I.:otion seconded by Tupa The fol1ov;ing Petitions for Oilinu were accepted, with understanding that v:drk is to be done in accordance with Village policy on oiling, by motion Tupa, seconded by Dickson and carried: 4 - In 5 - In 6 - In 7 - In ' 8-~n 9 - In 10 - 93 If - In 12 - Tn Code Ave., Grove St. to Benton Ave. Grove St., iklody Lane to 5203 Grove St. Abbott we., ',':.GOth S-t. to !'!.G2nd St. Van Euren Ave., Belnore Lane to N. Village Limits. Belmore Lane, Harrison Ave. to Jackson Ave. 3nroe Ave., Belmore Lane to 14. Village 'Limits. C.59th St., Concord he. to Ashcroft Ave. Halifax Lane, !,'.!54<- St. to Soodland Circle. 3.5Sth St., Tingdale Ave. to Code Ave. 5/13/57 13 - In ?.'est Shore Drive, 'J.66th St. to Laguna Drive. 14 - In ';.*.64.th St. Ryan Ave. to Parnell Ave.; and in 15 - In Oxford Ave. from YJ.5ls-t St., to and including to approx. 60 Ft. N. of W.64th St. 14.k -* 1, Parnell Ave., ?!.64th St. Eilyron 01 son property. 16 17 - In Chantrey Rd., Northwood Drive to ,4yrshire Blvd.; in Northwood Drive - In St. Johhs Ave. from end of Blacktop on Llirror Lakes Drive to Glengarry Pkwy. 1?;.60th St. to Valley View Rd. 18 - In St.Johns Ave., U.61st St. to VJ.64th St. 19 - Tn Grove St., Hansen Rd. to 104 Ft. Viest 20 - In Jackson Ave. , TJaloney Ave. to Belmore Lane. "DOG ORDINANCE" DISCUSSION - Comblaint against year-round dog leashing Ordinance, filed by Llrs. Lorraine G. Anderson, 2'3 Noodland Road, tvas discussed. Bredesen inquired as to the right of the Council to license dogs, now that dogs must be restrained all year; also, stated he feels the new ordinance makes it impractical to licenseg thus depriving the Village of income used in animal require licenses---that, for instance , Minneapolis is doing just this. suggested that a license is an aid in identifying any lost animal; that, perhaps a nominal license fee of $1.00 should be charged. re-draft "dog ordinance" leaving blank spaces for both leashing term and amount of license fee. Ikyor control. Village lttorney Uindhorst stated the Village has the legal right -to Y'/ ' It was Attorney Kindhorst asked to LEAGUE OF IjlINNESOTA FJJNICIPALITIES CONVENTION IN DULUTHy JUNE 12, 13 AND 14, W~S reported by Llanager Hyde, who invited any of the Council who wish to attend. COFFJ.IAN REALTY'S SOUTH GARDEN ESTATES (A PRELIMINARY 1 was presented, carrying Planning Commission's PJay Sth recommendation for approval. Fronk's motion, that action of Planning Commission be accepted by the Council was seconded by Tupa and carried. - AL PAYTON'S PRELIJvlINARY PLALOF "LORING MAI\JOR" was discussed , this plat having been tabled by 'che Planning Commission pending advice as to use of the 75-foot strip of land directly behind the plat. ANDERSOI\I'S EDINA TERRAC?i, a Final Plat by Blr. Oliver Anderson, being a replat of one lot at the corner of 62nd and Zenith, was approved in accordance with Planning Planning Commission action accepted. Comrnission' s recommendation of May 8, carried. PRELIMIN4RY PLAT OF LHAD, a replat of approved, in accordance with Planning I approval, by motion Tupa, seconded by by-motion- Fronk, seconded by Tupa and. one lot on Ewing Ave. at 62nd Street, was Commission's May 8th recommendation for Fronk and carried. DAI-ILGREN REQUEST FOR REPLAT OF Yt'.1/2 OF LE7 TO 11, BLOCK 2, PEACEDALE ACRES, 1L AND PEOUCST FOR =LE BUNGALOP!S THEREON, have received the Planning Commission's recommendation for denial (see P.C. I.linutes of IJay 8), Mr. Hyds reported, because Valley View Road's heavy traffic will diminish after construction of Crosstown Highway. Dickson's motion, that Council accept Commission's recommendation and deny requests, was seconded by Fronk and carried. PRELIMIIWRY PLAT OF THE \:'EST 1/2 OF LOTS 5 AND 6, ELOCG 4, CODE'S HIGHVV' PARK, by Idrs.. Norell , was approved in accordance with Planning Commission's May 8th recommendation, by motion Fronk, seconded by Tupa and carried. FINAL PL'4T OF IDYLI?OOD THIRD ADDITION was approved subject to County Surveyor's signature and in accord with Planning Commission's May 8th recommendation, by motion Tupa, seconded by Dickson and carried. developer Bloomberg has signified his willingness to donate some $1,400 to $1,500 in lieu of a park dedic a t' ion. Manager Hyde reported that REPLAT OF LOT 7, ROLLING GREEN, by Robert I'lalling, was approved, by motion Fronk, seconded by Tup and carried. for approval, and a letter of approval from Rolling Green Association. REQUEST FORREDUCTION IM LOT SIZE, LOT 1, BLOCK 7, NORL4ANDALE SECOND ADDITIOI?. Mr. Iiarold IIardacker's request for reduction in frontage, from the present 86.35 feet, to 75 feet--with the 10.35 feet from Lot 1 -Lo be' spread over the other seven lots in his proposed replat of Lots 1 thru 8, was approved by motion Fronk, seconded by Dickson and carried; this request having received the approval of the Planning Commission as of their Xay 8th meeting. This plat carried Planning Commission's recommendation I 1 REQUEST BY Lii. IAARTIN PETERSON FOR PERMIT TO EUILD DOUBLE_BUIJGALO$!S IN 5800 BLOCK 1__1 ON XEBES AVEPE was denied, by motion Fronk, seconded by Dickson and carried. Planning Commission had recommended denial as of their T.ky 8th meeting. . I _. 5/13/57 Pi?ELI?TNARY FLAT OF SOUTHDALE FOURTH ADDITION was approved subject to other land use developxents and in accordance with Planning Commission's 1:ay 8th recommendation, by motion Tupa, seconded by Dickson and carried. 3 P42 REQUEST FOEe PERt:IT TO BUILD DOUELE BUNGALOX3 Old LOTS 3,49596 ANI> 9,10911 AND 12, BLOCK 3, v.ras tabled pending receipt from the Highway Department as to its plans for cloverleaf in this area; this in accordance with PJanning Commission's Liay 8th action. STCU PLAN AND PROPOSED LAZE) USE,. D'ARCY LECK PROPERTY AT FRAXCE ANI ?;'.7OTH ST2EET. Kz. E. C. Stoa once again presented this Preliminary Plat, which had been viewed by the Planning Commission on- 3.Iay Sth, the Commission's recommendations being as follows : 1. 2. That the land usage of Block 1 be approved, the Horth half for a Service Station and the South half for Community Store. That the East 190 feet of Block 2 be zoned Cormunity Store, subject to approval of Council as to land use, the Kest 131 feet to be zoned for double bung alot~s . That Blocks 3,4,5,6 and 7 be accepted for single fcamily dwellings only, subject to review if and when there is a material change in the community which aould invite reconsideration to other land uses. That Block 9 be approved for apartment courts. That Service Station, vinich would be placed on the Nmth 1/2 of Block 1 be set back not less than 75 feet and preferably 100 feet from France Avenue and a reasonable distance from ?','est 70th Street. That the land area in Elock 7, which is North of Lots 1 and 6, which is indicated on the Preliminary Plat as a privately owned and maintained reFreation area and storm sewer basin, constituting approximately 2 acres, be reserved for that use. 3. 4. That Elock 8 be set aside for a church site. 5. 6. 7. Ik. Stoa asked that the Council rezone the lots on K.70th Street (one tier) for double bungalows; that a tier two lots deep on !?.72nd Street be like7::ise zoned. Fronk moved that the recommendations of the Plannillg Commission be accepted, and that hblic Hearing on the Plat and its proposed land uses be scheduled for Konday, June 10, at 7:30 P.1;. Heated discussion arose when Village Kanager Hyde asketi that 1,'s. Ston clarify matters concerning the privately orned recreation area; denanding that both the plat and the deed restrictions shovr clearly that -tinis area will be privately owned and maintained and that the Village has no responsibility for maintaining it. 1:s. Stow explained that each purchaser uill acquire a share in the recreation area upon purchase of his property; that he vIill be assessed each year for its maintenance and that the apartment custodian v:ill also care for tile recreation area.' I&. Hyde then asked tk. Stow what property he intends to tiedicate far public usedas a recreation area, with the developer replying that he feels it is unfair for the Village to ask him for a dedication, inasnuch as he has provided a park for the people in his development. He aent on to explain that he intends to put a putting green and tennis courts in the private park; that it is difficult to have an area such as this policed if it is municipally-owned. putting green and tennis saurts under private ownership and that he dedicate the balance of the proposed "private park" to the Village, this latter area being South or" the putting green. park is about 2-1/29cres; that dedication of the South par€ should constitute about 5:; of his 40-acre plat; that this dedication is qreeable to him. 3yde insisted that the Village have a record of the developer's intent as to the privately ovmed portion of the park, and Fronk amended his notion by adding thereto the clause, "and that t's. Stow furnish a statement, satisfactory ta the Village, relative to 'chc maintenance of the privately ovmd par!:". Amended motion was seconded by Tupa and carried. * I.:ayor Bredesen suggested that Kr. Stow be alloned to keep his IS. Stow told the Council the total area of his 1.k. SA3TTARY SEYXR A>D ::'ATER:.IAIilJ F@R STO:'] PL& 1.h. Stow asked for information on the possibility of securing sanitary sewr and vatermain €or the above plat. Xr. Zikan reported that this is planned as part of this year's mrk, but that i-t will be late. Caveloper then as!:ed €or permission to have the engineering mork done, in order that construction might be expedited; asking, also, regarding the charges to be made by the Village in the event he hires his oxn engineering. Xr. Hyde replied that in other cases a pro-rata charge has baen :.larked out, depending on the amount of v!ork to be done by t'ne private engineers. Tnere ms no objection Lo Ik. Stow's hiring his own engineers, but he aas asked to come into the office and xork out the charges with b. Hyde and the engineering department. u: f.XS. VIRGIKCA BEARD'S REQUEST FOR PERIAIT TO BUILD DOU3LE BUK%LO::'S OM FRANCE ASEiCUE v:as discussed, with Lianager Hyde reporting that the lot sizes still distress the Planning Commission; that the Commission vraats specific ideas as to what Kxs. Beard expects to do. Hrs. Beard reported that there is just a bare chance that she can purchase ten feet from the owner to the North but that this is all the additional property she could acquire. No action taken. . 3-4; 5/13/57 COURT PROCEDUR? the following Resolution and moved its adoption: The matter of an "emergency judge" was discussed, and Tupa offered, RESOLUTION SETTING SALARY FOR WNICIPAL JUDGE PRESIDING IN EMERGENCIES !"MEREAS, emerqency situations have arisen in the past, and may arise in the future, when neither the Municipal Judge nor the Special hunicipal Judge can preside over a scheduled session of Court, be it resolved that pay in the amount of $30.00 per diem be hereby authorized for issuance to the attorney named by the Mayor to preside in said emergencies, Notion for adoption were four ayes and Bredesen, aye; and Mayor Village Clerk RADAR IACTIVITIES. discussed, with Manager Hyde reporting that it has brought results; that there were fewer accidents in the Village this years during the time of radar check-ups than there were last year in a comparative period. Council informally agreed that radar check-ups should continue. The matter of the concerted radar drive against speeding was SALE OF IMPOUNDED BICYCLES. now in possession of several unclaimed impounded bicycles, which it wishes to place on sale. He advocated adoption of an Ordinance to regulate such sales; and Tupa offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as submitted: ORDINANCE NO. 41-1 Manager Hyde reported that the Police Department is AN ORDINANCE AMENDING ORDINANCE NO. 41 OF THE VILLAGE OF EDINA AND PROVIDING FOR THE IMPOUNDING OF CERTAIN BICYCLES, 140TOR BICYCLES AND MOTOR SCOOTERS AIiO I ESTABLISHING A PROCEDURE FOR THE DISPOSALTHEREOF THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. Section 7 of Ordinance No. 41 of the Village of Edina is amended to read as follows: If any bicycle, motor bicycle or motor scooter is found on any street, sidewalk, alley or parking lot within the Village without a license, identification tag or with a broken seal or mutilated frame number, such vehicle shall be deemed to be an unregistered vehicle. If any bicycle, motor bicycle or motor scooter remains unattended for twenty-four hours on any public or private premises within the Village (other than the premises owned or occupied by the owner of the vehicle) without the consent of the owner of the premises, it shall be deemed to have been abandoned. Each unregistered or abandoned vehicle shall be immediately impounded and shall be surrendered to the owner thereof only upon proof of ownership satisfactory to the Chief of Police, payment of any unpaid 1icens.e registration fee hereinabove provided and payment of the following fees: For each day of storage after the first trventy-four hours -- 10 cents "Section 7. Impoundinq Vehicles. (a> Impounding -- 50 cents (b) At the expiration of sixty (60) days after said impounding, each vehicle which has not been claimed may be sold at public auction by the Chief of Police. Notice contain- ing the description of each vehicle to be sold and the time and place of the sale shall be published in the official newspaper of the Village at least two weeks prior to said sale. A record shall be kept listing with respect to each impounded vehicle, the date and circumstances of impounding, the date of publication of sale, the cost thereof, the date of sale and the proceeds thereof. All proceeds of sale shall be delivered to the Village Treasurer and deposited in a special fund established for the purpose. If the owner of any vehicle sold in accordance with this Section shall furnish evidence of ownership satisfactory to the Chief of Police within sixty (60) days after the sale, the Village Treasurer shall deliver to said owner the proceeds of the sale of the vehicle after first deducting any unpaid license registration fee, or impounding or storage charges and the cost of publication. At the expiration of sixty (60) days after the date of sale all unclaimed proceeds of sale shall be paid into the general revenues of the Village. - Section 2. Section 7 thereof the ?allowing: Ordinance No. 41 of the Village of Edina is amended by adding after "Section 7.1. bicycle or motor scooter in the possession of the police department of the Village Vehicles in the Possession of the Police Deph Any bicycle, motor on the date of adoption of this ordinance shall be deemed to have been abandoned and may be sold at public auction as provided in Section 7 of this ordinance not earlier than 30 days after the date of the adoption of this ordinance. Section 3. cation according to law. This ordinance shall be in effect from and after its passage and publi- 3-44 ( I.:otion for waiver of seconded by Dickson, Dickson, aye; Fronk, adopted. 5/13/57 second reading and for adoption of Ordinance as read was and on Rollcall there were E aye; Tupa, aye; and Breddie; and the Oqlinance was ayes and no nays, as follms: I.:OSQUITO CONTROL. Control, stating he has had several requests to "do something". the Council wished to do anything at all, as a purely local project, citing the work now being done by both %.Louis Park and Hopkins. control could not be had without a great expenditure. he would attend a meeting this week, at which County-vide control would be discussed; that he would report to the Council at a later date. Canager Hyde asBed Council position on the matter of Ilosquito He asked if Council felt that effective 1:s. Hyde then reported hhat STREET LIGHTIXG PiIGiRAR FOR 1957-1958 APPROVED. "Overhead Street Lighting Proposal", dated March 1, 1957, was reviewed; this being the Company's plan for installation of lights during 1957-1955. 1.k. Hyde reported that this program v511 bring expenditure for power to 829,000 yearly; the present budget being 922,000; that Northern States Power Company will stand all construction costs. Fronk's motion that tine Overhead Street Lighting Proposal be approved c.as seconded by Dickson and carried. Northern States Power Company's Ele also stated that the Village may, at its discretion, add additional lights. LIGHT POLE AT 4ETH A?!D FRAXCE. hyor Bredesen asked once again concerning the moving of this pole, ahich constitutes a traffic hazard. States Power Company replied that the Company is having some difficulties because this pole carries feeder lines, but that it may possible to move it a few feet; that the Company's engineers are now working on this and that he should have an answer very soon. fk. Gallagher of Fforthern Company asked to move pole if it proves at all possible. PARK AT CHO;!EN A'JENU'S AID 1:'.57TH STREET.-PLAN FOX DEVELOPXENT. A "Plan for Development", dated ?hy, 1957, was presented, showing Tetherball Basketball Volleyball-Badminton Courts at the North, a playground for small children to the L'est; the Estimate of Cost of Development being 94,101.00. Tne plan showed a number of trees, and the suggestion vas made that tree planting be eliminated for the reason that the trees probably will not last as the playground gets more popular. was seconded by Fronk and carried. Dickson's notion, that Plan for Development be approved, minus trees, AUTHCRITY TO ADVERTISE FCE FILL FOR LAKE PAFJELA AREA. authority to take bids for up to 75,000 yards of fill to be used at Lake Pamela. Ilotion for such authority was made by Tupa, seconded by Dickson and carried. Ganager Hyde requested HIGHJAY 100, HIGFEAY 169, CROSSTO;'!N REPORT. viord from Highway Comiissioner Zimmerman that the engineering is well along on improvements for Highway No. 100, including the various cloverleafs; that there mill be a meeting with County Commissioners Friday afternoon on the matter of acquisition of right-of-way. Manager Hyde reported he has received Relocation of Higheay No. 169 vias discussed, aith KT. Hyde stating he feels the Highway Department's present plan will cause a terrific disruption of the area at the junction of Hight:.ays 169 and 100. that PJo. 169 be taken off at the Crosstown, brought across the Crosstovm to 80. 100, and then IJorth. Council informally agreed that this recom3endation be pursued. He suggested, as a possible alternative, PEVO,'!ARUK PERXIT FOR DOUBLE DWLLING was discussed, k. Hyde reporting that petitioner has not yet been given a permit because he has not produced the required survey. No action taken. I PUBLIC HEAIIING 073 ASSESSI.E?IT FCR STORf.1 SEYlER IMPROVEliiENT X0.a IJanager Hyde presented Assessment Roll, calculated on the basis that the Village will bear 20;i of the assessable cost, and balance of assessment assessed on a square foot basis over the district set forth in the improvement hearing. following Resolution and moved its adoption: Fronk offered the RESOLUTION PROVIDING FOR SPECIAL ASSESSLENT HEAR IKG-STGXLI SE'33 ILIPROVEZEIST NO. 37 BE IT RESOLVED by the Council of the Village of Edina as follows: €or the improvement set forth in the Rotice of Hearing set forth below, and the amount proposed to be assessed against the respective lots, pieces and parcels of land within tne district affected by said improvement, and said proposed assess- inents having been filed r5th the Clerk, the same are hereby approved; and the Cler!; 1. The Clerk and Engineer having calculated the proper amount. to be assessed keep the Same on file in her Office and open to public inspection pending thereon as herein provided, 5/13/57 2. This Council shall meet at the time and notice of hearing hereinafter contained, to pass place specified in the form of upon said proposed assessment; and the Clerk shall publish notice of the time, place and purpose of said meeting in the official publication of this Village'not less than twQ wegks before the date of said meeting, in substantially the following form: NOTICE OF ASSESSMENT HEARING ON STOR~IISEVER NO. 37 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Village Hall on hionday, June 10, 1957 at 7:30 o'clock P.M., to hear and pass upon all objections, if anys to the proposed assessment for Storm Sewer No. 37, which assessment is now on file in the office of +he Village Clerk and open to public inspection: Construction of Village Storm Sewer and Appurtenances in Normandale Court from low point 250 feet \\:est of State Highway fiJo. 100 to Pond fJest . The area proposed to be assessed for part of the cost of said improvement includes all lots and tracts of land within the following described boundaries: "Commencing at the intersection of the Easterly extension of the North line of Lot 1, Victorsen's Addition to Normandale Court and the centerline of State Highway No. 100; thence Southerly along the centerline of State Highway No. 100 to its intersection with the Easterly extension of the South line of Lot 1, Block 2, Normandale Court; thence Westerly to the Southwest corner of said Lot 1; thence Northwesterly to a point on the Northwesterly line of Lot 2, Block 2, Normandale Court, which point is 35 feet Southwesterly, measured along said Northwesterly line from the Southwesterly line of Normandale Court; thence NorLhwesterly, parallel to and 35 feet distant from the I'Jesterly line of Normandale Court to the North line of Lot 6, Block 2, Normandale Court; thence l5'esterly along the North line of said Lot 6 to a point 30 feet Kest of the Southeast corner of Lot 6, Victorsen's Addition to Normandale Court; thence Northerly, Northwesterly and Easterly, parallel to and 30 feet distant from the Y!esterly line of the turnaround at the Nest end of Norrndndale Court, to the "est line of Lot 4, Victorsen's Addition to Normandale Court; thence Easterly to a point on the East line of said Lot 4, which point is 35 feet North of the Southeast corner of said Lot 4, thence Easterly to a point on the lYest line of Lot 2, Vicktorsen's Addition to Normandale Court, which point is 35 feet North of the Southwest corner of said Lot 2; thence Easterly to a point on the East line of said Lot 2, which point is 30 feet South of the Northwest omner of Lot 1, Victorsen's Addition to Normandale Court; thence Northerly to the Northwest corner of said Lot 1, thence Easterly along the Pbrth line of said Lot 1 and its extension to the centerline of State Highway No. 100, which is the point of beginning.'' Assessments for Storm Sewer No. 37 will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with taxes for the year 1957 collectible in 1953, with interest on the entire assessment at the rate of 5:; per'annum from the date of the resolution levying the assessment to December 31, 1955. To each subsequent installment will be added interest at the sams rate for one year on all unpaid installments. The owner of any property assessed for Storm Sewer No. 37 may pay the whole of assessment without interest to the Village Treasurer before 12 o'clock noon on December 31, 1957 or make payment with accrued interest to the County Tr e a surer. BY ORDER OF THE VILLAGE COUiilCIL. GRETCHEN S. ALDEN Village Clerk fdotion ?or adoption of Resolution was vere four ayes and no nays, as Bredesen, aye; and the illac,e Clerk BROXVIE!! HEIGI-ITS AREA SANITARY SE!'XR. Village Engineer Zikan requested authority to advertise for bids for this project to be taken on the date of the Public Hearing, in order that construction might be expedited, now that construction is under way on the Trunk Sewer. 5100,000 and for that reason publication of the Advertisement must be in the paper this week. He told the Council that the project will be in excess of Fronk offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SAIdITARY SEVER IKPROVEMENT Al+D DIRECTING ADVERTISEEIJT FOR BIDS BE IT RESOLVED BY the Village Council of 5he \'illage of Edina: set forth in the following Advertisement for Bids form, heretofore prepared by the 1. Tne plans and specifications for the proposed Sanitary Sewer Improvement Village Engineer and now on file in the office of t'ne Village Cleric are hereby 3-46 5/13/57 approved. Courier and the Construction Bulletin the folloviing notice for bids for said 2. '- improvements : The Clerk shall cause to be published twice in the Edina-l.:orningside ADVERTISEl.ENT FOR BIDS SANITARY SEVER If?PRCVEI.EiST NOTICE IS HEREBY GIVEN that sealed bids v5ll be received and opened in the office of the Village !.:anager in -the Edina Village Hall, 4801 '.'!est 50'th St., at ll:C3 A.L, !.:onday, June 10, 1957, and tnat the Edina Village Council will meet at 7:30 PX., on Xonday, June 10, 1%7, to consider said bids, being for the following: STREETS : COi?STRUZTIOId OF VILLAGE SANITARY SEVER AND APPURTEXANCES IN THE FOLLCZIG Abercrombie Drive from Ridgeview Drive to Duggan Plaza Tifton Drive from Ridgeview Drive to Cuggan Plaza Duggan Plaza from Ridgeview Drive to Meadocr Ridge Everett Place from Abercrombie Drive to Duggan Plaza Eidgeviea Drive from Abercrombie Drive to !:'est 66th Street Xeadovr Ridge from Ridgeview Drive to Duggan Plaza Danens Drive from Ridgevie*::.I Drive to Cuggan Plaza Circle Drive Ylarren Avenue from Danens Drive to :;'est 63rd Street Naomi Drive from Danens Drive to Y1es-k 66th Street :;'est Service Drive from Church Place to Vest 66th Street or along easements in Block I, Brookview Heishts 1st Addition and other unplatted property from Duggan Plaza to liest 66th Street 1:'est 66th Street from Ridgeview Drive to I:'ilryan Avenue ILildred Avenue from 175' North of :':est 65th St. to 335' North of !','est 65th St. Rolf Avenue from Usst G6th Street to %'est 65th Street Tingdale Avenue from :;'est 66th Street to !:%st 65th Street !':est 70th Street from Trunk Sewer to Rabun Drive Rabun Drive from '&st 70th Street to Abercrornbie Drive Church Place from Abercrombie to E'kst Service Drive :'lest 70th Street from Trunk Sewer to Railroad Tracks ?'iork rriust be done as described in plans and specifications on file in the office of the VillaSe Clerk. Plans and specifications are available €or a deposit of $25.00, which deposit will be rzfunded upon return of said plans and specifications. bids will be considered unless sealed and filed with undersigned before 11:OO 4.1'.1., June 10, 1957, accompanied by cash deposit, bi'd bond or certified check payable to the '?rillage Clerk in amount of at least ten percent of cmount of base bid. Council reserves the richt to reject any or all bids. BY ORDER OF THE VILLAGE COUNCIL. Xo I The GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvement. Each and all of the terms of the foregoing advertisement for bids are Wotion for adoption of -the Resolution was seconded by Dickson, and on Rollcall there wre four ayes and no nays, as fo1loc.r~: Dic!;s Bredesen, aye; and the Resolution was adopte 1 e Village Clerk Tupa then moved that Fublic Hearing on the Sanitary Swer Improvement for the Brook- viev: Heights area be scheduled for Ltonday, June 10, at 7:30 P.1.L ?.?otion seconded by Fronk and carried. VOTING DISTRICT LL4PS, shoaing plans for redistricting in order to use the schools as storage places for the voting machines, were presented to the Council for review *- and study. TRASH MD GAR3AGE EURXIIG ORDINANCE. IJanager Hyde presented ordinance recorrmended by the Fire Department for stricter control of trash burning; and Tupa offered the following Oainance, moving that the Council waive second reading and adopt Ordinance as submitted : ORDINAtlCE XO. 113-1 AX OHDIXANCE ALEN3IIZ'G ORDINAICE NO. 113 OF THE VILLAGE OF EDINA, RELATIKG TO THE BURNING OF TRASH AND GARBAGE THE VILLAGE COWZCIL OF THE VILLAGE OF EDINA, BINNESOTA, ORDAINS: 5/13/57 3 47 Section 1. Section 4 of Ordinance No. 113 of the Village, entitled "An Ordinance Relating to the Burning of Trash and Garbase", is hereby amended to read as follows: [ "Section 4, Trash Eurninq 8ithin Fire Limits. No refuse or material such 3 as described in Section 3 of this ordinance may be burned within the Village fire limits except in an approved type of incinerator as recommended by the National Board of Fire Underwriters in their Standard No. 82 for Incinerators, Ocltober 1953, three copies of said standard having been filed for use and examination of the public in tne office of the Village Clerk. limits of the Village are hereby defined as including all areas in the Village except those zoned open Development." The fire Section 2. 8ection 5 of said Ordinance 110. 113 is hereby to read as follo\sts : "Section 5. material described in Section 3 of this ordinance may be burned outside the fire limits of the Village, if under the constant supervision of an adult person, between the hours of 12 noon and 3 P.12. except I.'ionday, on vtnich day no such burning shall be permitted at any time, provided that if such refuse consists of materials other than leaves, straw and grass it shall be burned in a burner constructed according to specifications contained in Section 4 of this ordinance or in a burner constructed of wire or similar metal construction. If constructed of wire, the burner shall be of not less than No. 9 gauge wire with a mesh not greater than two incl;es by four inches and strengthened by three or more one inch by one-quarter inch hoops at the top and bottom. Provided, however, that such refuse or material shall not be burned within -i;xenty feet of any building, structure or flammable material nor witnin ten feet of any fence, partition or neighboring property 1 ine . " Trash Burninq Outside Fire Limits. Any of the refuse or . Kotion for waiver of second reading and adoption of Ordinance as read vias seconded by Dickson, aye; Fronl:, aye; Tupa, aye; and and on Rollcall there were b; a y o r dill age Clerk FIRE HAZARDS 114 BoI7LIIG ALLEYS were discussed , pursuant to an Ordinance recommended by the Fire Department; and Tupa offered the following Resolution and moved its adoption; that Council waive second reading there'of: ORDINAXCE NO. 116 AM ORDIPJADJCE PROVIDING FOR THE AEATEI*Ei\TT OF FIRE HAZARDS IN RESURFACING BO'JLII1G ALLEYS AID REF INISHIPJG BO!'JLTNG PIS3 -- THE VILLAGE COUNCIL OF TIE VILLAGE OF EDINA, I.IIIJNESOTA, ORDAINS: Section 1. Resurfacinq of Bovilinq Allevs. Resurfacing of bowling alleys shall not be carried on while the establishment in which the alleys are located is open for business. be resurfaced. Proper ventilation shall be provided. Heating, ventilating, or cooling systems employing recirculation of air shall not be operated. motorized or other equipment in the area which might be a source of ignition shall be disconnected and all smoking and open flames prohibited during resurf acing operations involving the application of flammable finishes, and for one hour thereafter. The Chief of the Fire Department shall be notified when alleys are to All Section 2. Refinishinq of Bowlinq Pins. Pin refinishing shall not be done on any premises while they are open to the public, and shall always be done in a room meeting the following requirements: (4 -The aalls shall have a fire resistance rating of not less than one hour, shall be continuous from floor to ceiling and shall be securely anchored. The ceiling shall be of construction equivalent to not less than 3/4 inch of gypsum plaster on metal lath. The floor, if of wood, shall be protected with not less than 9 inches of concrete. ' Door openings to other rooms or buildings shall be provided with non- combustible sills raised 6 inches. by standard fire doors of approved automatic or self-closing type. !':here other portions of the building or other properties are exposed, windows shall be protected in a standard manner. Shelving shall be non-combustible. It shall be provided for this purpose, and shall not be located below grade. Such openings shall be protected 5/13/57 (f) Storage of flamable liquids in sych rooins shall not exceed 60 gallons in original metal containers or approved safety containers not exceed- ing 5 gallons individual capacity. cover shall be provided for all waste materials and rags. shall be removed daily. Smoking shall be prohibited therein at all times. "Li3 A netal zaste can :.rith salf-closing Its contents (9) Xotion for vmiver of second reading and adoption of Ordinance as read Tias seconded by Dickson, and on Rollcall there were four ay Dickson, aye; Fronk, aye; Tupa, aye; and B adopted. ATi "T: kud&u &Village Clerk KECHAiJI~AI.~USE!.';ENT DEVICES FCR CHILDREN were discussed, again, with IAanager Hyde reporting that these machines are being licensed elsewhere; that he believes they should be licensed in Edina. Council, recommending its adoption; and, after revier;. of the Ordinance by the Council, Tupa moved that Council wive second reading and adopt Ordinance as submitted : He submitted the follovzing Ordinance to the ORDI€L4XCE 110. 24 AI.: ORDINANCE REGULATIF!G AXD LICENS IidG THE OPERATION OF IECHAliJICAL AI.XJSELEiifT DEVICES FUTZNISI-IING RIDES FOIi THE TKE VILLAGE COulLTCIL OF THE VILLAGE OF EDIN.4 OEDAINS: Section 1. As used herein the term "person" shall include any person, persons, include amusement devices designed for and used exclusively by children, such as, but not limited to, kiddie cars, rniniaturc airplane rides, mechanical horses, and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or exhibition. AIJUSEI.';E>lT OF-CHILDREN - 2- L~MII, partnership or corporation; and the term "amusement device" shall mean and Section 2. All such aiiusernent devices shall be licensed under this ordinance notwithstanding the terms of any other ordinance and this ordinance shall not operate as a repeal or modifacation of any other ordinance licensing amusemm-i; devices, except as such devices are defined in Section 1 hereof. Section 3. Any person desiring to operate any of the amusement devices as set forth herein shall before doing so obtain a license from the Village by making application to the ;.tanager, which said application shall contain the naae of the person, and if a partnership, the name of the partners, if a corporation the names of the officers of such corporation; the place or places of business a'c which such amsernent device is to be located, together with the horne address of all persons listed in -the application, the type of amusement device to be used; and said applicant shall furnish a policy or duplicate policy of liability insurance in a sum of not less tkzn $25,000.00 for injury to one person, nor less than S50,000.00 for one accident, which said policy shall be :*mitten by an insurance corrpany authorized to do business in the State of idinnesota, and vhich shall be approved as to ?orin and esecution by Y'ne Village Attorney. Section 4. All licenses granted hereunder shall expire on the 1st day of April after issuance, and the fee therefor shall be $15.00 for each machine or device licensed by the licensee. Section 5. No arnusement device as defined herein shall be located, placed, main- tained or operated on any public street, avenue, boulevard, lane,. alley or other public ground r:.ithin the Village. Section 6. for revocation of the license issued under the terms of this ordinance. Section 7. thereof, be punished by a fine of not to exceed $100.00 or imprisonment for not to enceed 90 days. Any failure to comply with the terms of this ordinance shall be groaunds I kny person violating the terns of this ordinance shall, upon conviction L:otion for waiver of second reading and on Rollcall there G'ere four ayes %illage Clerk 5/13/57 ------ PUBLIC HEMIiGS ON PROPOSED ASSESS!,ENTS 2 flanager I-Iyde informed the Council that several assessment rolls have been figured, and suggested that Council schedule Public Hearings for Ynese proposed assessments for June 10. agenda for June 10 is already heavy, Council agreed that June 24 would be a better date for these Hearings, and Fronk offered the following Resolution and moved its adoption: a Feeling that the RESOLUTION PROVIDING FOR SPECIAL ASSESSMEhIT 99 AND 122; I'iATERRIAIN IIAPROVEhlEIdTS NOS. 95 3 HEAR INGS-SANITARY SEY!ER IRIPROVEIENTS NOS. 100, 107, 115, 116, 117 AID 116; STREET II;IPROVEMENT NO. c-58 (INCLUDING STORM SEYER 1. BE IT RESOLVED by the Council of the Villaqe of Edina as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearings set forth below, and the mounts proposed to be assessed against the respective lots, pieces and parcels of land wi'chin the districts affected by said improvements, and said proposed assess- ments having been filed with the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided: This Council shall meet at the time and place specified in the form of notice of hearings hereinafter contained, to apass upon said proposed assessments; and the Clerk shall publish notice of the time, place and purpose of said meeting in the official publication of this Village not less than two weeks before the date of said meeting, in substantially the following form: NOTICE OF HEARINGS ON SPECIAL ASSESSMENTS 2. FOR SANITARY SEII'JEE IMPROVEMEP~ITS NOS 99 ALD 122; KATERMAIN 1mmmtmT.s NOS. 95 , 100, 107, 115, llG, 117 ALD 118; STREET IMPROVEJENT NO. C-55 (INCL. STGRI'i SE!?ERE I\!OTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Village Hall on Lionday, June 24, 1957 at 7:30 o'clock P.%, to hear and pass upon all objections, if any, to the proposed asseswments for improvements as hereinafter set forth, which assessments are now on file in the office of the Village Clerk and open to public inspection: 1. SANITARY SEYER NO. 99 - Construction of Sanitary Lateral Sewer and Appurte- nances in Yf.57th Street from State Highway No. 100 to Normandale Court. The area proposed to be assessed for the cost of this improvement includes Lots 2 through G, Block 1, Victorsen's Addition to Idormandale Court. 2. -1_1 SANITARY SEVI'ER NO. 122 - Construction of Sanitary Lateral Sewer and Appurte- nances in Dale Avlenue from 1'1.5Gth St. to Grove St., and in M.57th St. from Dale Avenue to Code Avenue. The area proposed to be assessed for the cost of this improvement consists of Lots 1 through 5, Block 1; Lots 1 through 7, Block 2, and Lots 1 through l0y Block 3, I.:elody Knolls Gth Addition; and Lots 1 through 4, Block 1, Town's First Ed in a Add it ion. 3. nances in Tower Street from 'dooddale Avenue' to St. Johns Avenue. The area proposed to be assessed for the cost of this improvements consists of Lots 1 through 7, Block 1, Paul lilind Christopher Addition and Lots 7 through 13, Block 4, Subdivision of Littel Park. 4. Sewer in Tower Street from Booddale Avenue to St. Johns Avenue. The area proposed to be assessed for the cost of this improvement consists of Lots 1 through 7, Block 1, Paul Y!ind Christopher Addition, and Lots 6 through 13, Block 4, Subdivision of Littel Park. 5. !;IATERi*iAITJ HO. 100 - Construction of Village Ib'atermain Extension and Appurte- nances in Tingdale Avlenue from W.GOt'n St. to Valley Viev! Road; Clover Lane from Tingdale Avenue to Valley View Road, and Highway #lo0 from Valley View Road to V!.60th St. The area proposed to be assessed for the cost of this improvement consists of Lots 2 through 3, and Lots 11 and 12, Block 1; Lots 1 through 4 and Lots 11, 12 and 13, Block 2; and Lots 2 through 9, Block 3, Clover Lane Third Unit. 6. nanccs in Rolf Avenue from Roberts Place to '8.G4th St. The area proposed to be assessed for the cost of this improvement consists of Lots 1,2,3 and 4, C.G.Carlson's Rearrangement in Normandale 2nd 8ddition; Lots 46 through 30, Block 4; and Lots 5 kthrough 14, Block 5, Normandale Second Addn.; and Lots 2 through 5, Block 5, James A. Roberts Estate. 7. 'BRI.IAIN NO. 115 - Construction of Village 'datermain Extension and Appurte- nances in Cest Shore Drive, Andover Road, Belvidere Lane and I'!ooddale Avenue, all in South Gardens Estates and South Gardens Estates 2nd Addns. The area proposed to be assessed for the cost of this improvement consists of Lots 4 through 9, Block 1; Lots 5 through 10, Block 2; Loks 1.through 12, Elock 3; and Lots 1 through 6, Block 4, South Gardens Estates; and Lots 4 and 5, Block 1; Lots 2 and 3, Block 2; Lots 1 through 4, Block 3; Lots 1 and 2, Elock 4; and Lots.. 1 through 5, Block 5, South Gardens Estates 2nd Addn. !:'ATERf.iAIN NO.3 - Construction of Village Yatermain Extension and Appurte- STREET IIiPROVEMl3lT NO. C-58 k Grading, Graveling, Stabilized Base and Storm L'AERLIAII1J NO. 107 - Construction of Villa9e Platermain Extension and Rppurte- 5/13/57 % 50 3. !',*A~R;.;ATil - 220. 116- - Construction of Villa?@ Xaternain Extension and Appurte- nances in Y!illicm ,?venue from Interlachen 31vd. to '.!.5lst St. The area proposed to ba assesssd for the cost of this inprovenrent consists of Lots 15 t'nrough 23, Block 2, and Lots G through 14,,Block 3, Brookside Heights Addition. 9. nances in Dale Avenue from K.56th St. to Grove St. The area proposed to be assessed for the cost of this improvement consists of Lots 1 through 5, Block 1; Lots 1 through 7:, Block 2; and Lots.1 through 10, Block 3, Kelody Knolls Gth Addition; and Lots 1 throu@h 4, Block 1, Tonn's First Edina Addn. 10. !'!ATERLIAIH iJ0. 118 - COI?STRUCTION OF Village L'atermain Extension and .r\ppurte- nances in Kidred Avenue from Yalley View Rd. to !'!.G4th St.; Rolf Ave. from :".64th to C'.G5th St.; 'J. 65th St. from Rolf Ave. to Xildred he. The area proposed to be assessed for the cost of this improvement consists of Lots 15 through 25, Block 5; Lots 1 through 14, Block 6; Lots 1 through 12, Block 9; Lots 1 through 24, Block 10; and Lots 13Ithrough 24, Block 11, IJornan- dale Second Addition; and Lots G,7 and 8, Block 5; and Lots 1 and 2, Bloc!: 6, James A. Roberts Estates. annual installmenix over a period of ten years, aith first year payable C5th taxes €or the year 1957 collectible in 1958, with interest on the entire assessment at the rate of 5:; per annum from the date of the resolution levying the assessment to December 31, 1958. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. of assessment without interest -Lo the Village Treasurer before 12 o'clock n9on on December 31, 1957 or nake paxyment wit:? accrued interest to the County Treasurer. EY ORDER OF THE VILLAGE COUi.fC1L. i !':.4TERLIAIN XO. 117 - Construction of Village YJatermain Extension and Appurte- I Assessments for said improvements will be payable in ten equal consecutive The Qvrner of any property assessed for said improvements may pay the whole GRETCHEN S. ALDEN Village Clerk - Xotion for adoption of Resolution was seconded by , and on Rollcall there crere four ayes and no nays, as follovJs: Dickson, a Fr nk, aye; Tu aye; and Bredesen, aye; and the Resolution was adopte &*? fl(&/;&/~~,k&/ IJayor Village Clerk REP3ET BY Ei$!GI;J33 Cil PETITIOTJ FOR IL'SROVELIENT OF VILLAGE O::'I"IED PROPERTY AT- I"IORTB.'E§T C2XER OF !".'.60TH STREET A!!D ST.JOHKS AVEMUE. ' Engineer Zikan's critten report, dated Xay 13, in response to Council referral to hiin of a petition filed August E, 1956, stated as Eollo~~s: 1. That this area was used to stockpile material Tor the Valley View Road project, the excess material being used to build a shoulder along St.Johns Avenue to prevent v:ashing, which mans less maintenance for the Village Street Crew. Idr. Zikan's report stated that the best solution to the existing drainage problem is construction of a storm sexer-- which he recormended by incorporated with construction of a storm secer to serve Ciller's addition; that, as an alternative, water could be drained over the sround, but that this would mean acquisition of the lots to the South, and yearly mainte- nance and that vater muld pocket and it would be difficult to maintain grass. 1.3. Zikan's recornendations were - 1. That Park Board blade the material and seed the area. 2. That Park Board maintain the area. 3. That study be made of storm seaer for the area. Council concurred in Engineer's recommendations and referred matter to the Park Board for action. a?=- &+- ATc T: I e- CLAES PAID. Fronk moved "or palpent of the following Claims: 1. Disbursements made since April 22nd Pre-List Park Construction Fund - $15,007.09 $17,022.24 Inprovenent Fund (Invest) 18,115.05 General Fund ----- Const. Fund (Invest) l,LO1,374.58 Const. Fund 2,1S7.00 Park Const. (Invest) 400,538.01 Parks Fund 137,04 0.45 $1,535$034.73 !:'a-ter::orks Fund 11,924.42 Liquor Fund 35 , 615.13 Sepier Rental Fund 430.41 Improvement Funds 8:,626.93 Claims as per Pre-List dated Kay 13 I Poor Fund 38.34 $272 :, 950.97 Fronk's motion for adjournment was adjourned at 11:25 F.:..:. Village Clerk .*