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HomeMy WebLinkAbout19570527_regular5/27/57 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY,`MAY 27, 1957, AT 7:30 P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Bank, Dickson, Fronk, Tupa and Bredesen. Minutes of the Regular Meeting of May 13th were approved as submitted, by motion Dickson, seconded by Tupa and carried. REQUEST FOR PERMIT TO BUILD IN NON- CONFORMANCE WITH ZONING ORDINANCE. Dr. R.C. Dumas, and his building contractor, appeared to request permit to construct a dwelling on Lot 3, Block 29 Stocke and Hanson's Concord Terrace (at the corner of Wooddale Avenue and Woodland Road, facing the home on Wooddale Road, but with less than the required setback from Woodland Road. He presented written assent of his neighbors on either side (Mr. George F. Michael, 5704 Wooddale Avenue, and Mr. E. H. Korstad, 4505 W. Woodland Road). Discussion was had as to the proper procedure to be followed in granting this permit; Dr. Dumas was informed that he could expect title difficulties in the future, should the Council grant his permit under its present ordinance; and Attorney Spencer advised the Council that this provision (Par. 10, Sec. 3) makes no provision for a public hearing; that Council must amend its ordinance to provide for hardship cases before permit can be granted. Discussion was had on ways to amend the ordinance to aid hardship cases and still protect the interior lots; and Tupa offered for its first reading the following Ordinance, moving that said Ordinance, and Dr. Dumas' permit be referred to the Planning Commission for its recommendation. I " ° ORDINANCE NO. 261 -20 " AN ORDINANCE AMENDING THE ZONING ORDINANCE OF -THE VILLAGE OF EDINA AS TO SETBACK OF BUILDINGS ON CORNER LOTS THE VILLAGE COUNCIL OF-THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 3, paragraph °10, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina is-hereby amended to read as follows: ° "10. Setback of Buildings on Corner Lots. ExSept as here- inafter provided, on a corner lot the width of the side yard abutting Motion for acceptance of First Reading of Ordinance, and referral of it and building permit application to the Planning Commission, was seconded'by Bank and unanimously carried. rR�78 AWARD OF BIDS - -STREET IMPROVEMENT NO. E -2 COUNTY PROJECT-NO. 5612 - GRADING AND CONCRETE PAVING. FRANCE AVENUE FROM W.54TH ST. TO 1/10 MI. SO. OF W.62ND ST. Manager Hyde presented Tabulation of Bids received by Hennepin County for this project; five bids having been received, and the bid of the low bidder, Woodrich Construction Company, in amount of $253,326.201 being $339942.80. He recommended that the Council concur in the County's award of contract to the low bidder, and Bank moved for the Village's concurrence in award of contract to Woodrich Construction Company. Motion seconded by Dickson and carried. DOG ORDINANCE - -COMMUNICATIONS AND DISCUSSION. The communications of Mr. Leslie F. Crews, 5601 St.Andrews Ave., Mr. E.J. Kadlac, 4900 W.60th St., Mrs, William H. Smith, 6116 Chowen Ave., Mr. L.H. Hamlin, 5508 Woodcrest Drive, and one anonymous individual - -all approving year -round leashing; and of Mr. Ralph J. Johnson, 5801 France Ave., protesting, were reviewed. Attornx Spencer presented an ordinance amendment, but it was consensus of CouncilARI hdinance be completely re- drafted and then presented to the community in public hearing. upon a street shall be not less than the minimum front yard depth required °on an adjoining interior lot fronting upon the same street; provided, however, that this requirement shall not be applied so as to' reduce the buildable width of any corner lot.to less than thirty- two (32) feet at the ground story level, and further provided that this requirement may be waived by the Council in hardship cases by a four - fifths vote if a written consent thereto has been filed, signed by the owners of all interior lots which front on the same street as the side yard of such corner lot and which are within the same half block as such corner lot. No land shall be platted or subdivided hereafter so as to create any corner lot having a width less than five (5) feet in excess of the minimum width of other lots in the same block which are not corner lots ". ° Motion for acceptance of First Reading of Ordinance, and referral of it and building permit application to the Planning Commission, was seconded'by Bank and unanimously carried. rR�78 AWARD OF BIDS - -STREET IMPROVEMENT NO. E -2 COUNTY PROJECT-NO. 5612 - GRADING AND CONCRETE PAVING. FRANCE AVENUE FROM W.54TH ST. TO 1/10 MI. SO. OF W.62ND ST. Manager Hyde presented Tabulation of Bids received by Hennepin County for this project; five bids having been received, and the bid of the low bidder, Woodrich Construction Company, in amount of $253,326.201 being $339942.80. He recommended that the Council concur in the County's award of contract to the low bidder, and Bank moved for the Village's concurrence in award of contract to Woodrich Construction Company. Motion seconded by Dickson and carried. DOG ORDINANCE - -COMMUNICATIONS AND DISCUSSION. The communications of Mr. Leslie F. Crews, 5601 St.Andrews Ave., Mr. E.J. Kadlac, 4900 W.60th St., Mrs, William H. Smith, 6116 Chowen Ave., Mr. L.H. Hamlin, 5508 Woodcrest Drive, and one anonymous individual - -all approving year -round leashing; and of Mr. Ralph J. Johnson, 5801 France Ave., protesting, were reviewed. Attornx Spencer presented an ordinance amendment, but it was consensus of CouncilARI hdinance be completely re- drafted and then presented to the community in public hearing. 152 5/27/57 FENCING ORDINANCE- DISCUSSION. Some considerable discussion was had on a fencing ordinance, with Attorney Spencer advising Council that such an ordinance would have many ramifications and would be difficult jto draft. , It was brought out that 'the office is now receiving many calls about fences; that some wish to fence in their entire yards, some want high, solid fences, etc. Council asked Attorney to research generally accepted model ordinances for one suitable for this municipality, and to consider as a provision the establishment of the building line as front line of any fence. PUBLIC HEALTH NURSING REPORT FOR APRIL was submitted, reviewed, and ordered placed on file. PETITIONS FOR IMPROVEbIENTS: The following improvement petitions were filed, and action taken: 1. FOR BLACKTOPPING- Windsor Ave., Hansen Rd. to Railroad Tracks. This petition asked that improvement be considered with, proposed improvement fpr the balance of Windsor (West End). Engineer Man reminded Council that, on his recommend- ation, the Council will conduct a public hearing on blacktopping the West End hill, as relief for high maintenance costs. He stated he feels this present petition should be considered with, the other improvement; and Fronk moved that petition be accepted and that it be referred to Village Engineer for consideration with the other proposed improvement, as requested. motion seconded by Dickson and carried. 2. FOR BLACKTOPPING -Code Ave., 111.60th St. to Valley View Road. 3. FOR CURB AND GUTTER -Code Ave., ;11.60th St. to Valley View Road. 4. FOR OILING: - Harrison Ave., N. Village Limits to Belmore Lane. 5. W.56th St., Bernard Place to Dale Avenue. 6. Concord Ave., 1V1.62nd St. to W.63rd St. 7. Concord Ave., W.60th St. to Valley View Rd. 8. Grove St., 5600 Grove to Tracy Ave. 9. Belmore Lane, Tyler Ave. to Harrison Ave. 10. 11.64th St., Normandale Rd. to Warren Ave. 11. Cornelia Drive, W.66th St. to W.70th St. 12. Chantrey Rd., Ayrshire Blvd. to Highway ##169 13. W.60th St., Code to Tingdale, and Tingdale to Hwy.##100. Fronk`s motion, that petitions be accepted; that Blacktopping and Curb and Gutter petitions be referred to the Village Engineer, and that Oiling petitions be honored in accordance with Village policy, was seconded Dickson and carried. ORDINANCE ON "MINIATURE" Ar'NSELENT DEVICES. Supplementing previous discussions on the regulating and licensing of Fminiature" games, the following Ordinance was read by Manager Hyde and submitted for Council consideration: ORDINANCE NO. 26 AN ORDINANCE REGULATING AND LICENSING THE OPERATION OF MINIATURE POOL TABLES, BO'NLING ?.MACHINES, SHUFFLE BOARDS AND OTHER SIMILAR AMUSEMENT DEVICES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. As used herein the term person shall include any person, persons, firm, partnership or corporation. The term amusement device shall mean and include mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey and similar games and like devices, machines, or games which may be played solely for amusement and not as gambling devices, and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such devices or machines are located, and shall . not include pin ball machines or similar devices licensed and regulated under other ordinances of the Village. , Section 2. Any,person desiring to Qperate any of the amusement devices as set forth herein shall before doing so obtain a license by making application to the Manager, which said application shall contain the name of the person, and if a partnership, the name of the pa #ngrs,.and if a coproration the names of the officers of such corporation; together with the home address of'all persons listed in the application, and the type of amusement device to be used. Such spplication shall state whether or not the applicant.or any person named in the application has ever been convicted of a felony, and such application shall be submitted to the police department for investigation, report and recommendation. Section 3. All licenses granted hereundez shall expire on,the 1st day of April'after issuance, and the fee therefor shall be $50.00 per annum for each machine or device licensedby the licensee. Upon issuance of a license the Manager shall issue and furnish to each licensee a matal tag or plate clearly designating the licensing of each machine or device, which said tag or plate kshall be securely fastened to the machine or device at such place on'the machine so that the tag or plate is easily and immediately discernible. 1 L7 1 5�27�57 Section 4. All valid licenses, tags or plates issued hereunder may be transferred by the licensee from one machine or� device to another and from one location to another. Section 5. It shall be unlawful for any person under the age of 18 years to play or use any of the devices licensed under this ordinance, and it shall be unlawful for the licensee and any other person in.charge of the device . to permit anyone under the age of 18 years to play or use the said device, unless the minor is accompanied by his or her parents or natural guardian. Section 6. No amusement device as defined herein shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, alley or other public grounds within the Village. Section 7. Any failure to comply with the terms of this ordinance shall be grounds for revocation of the license issued under the terms of this ordinance. Section 8. Any person violating the terms of this ordinance shall, upon conviction thereof, be punished by a fine of not to exceed $100.00 or imprisonment for not to exceed 90 days. Section 9.. This ordinance shall take effect and be in force from and after its publication according to law. Bank offered the Ordinance.for adoption, moving that Council dispense with second reading and adopt Ordinance as read. Motion was seconded by Tupa, and on Rollcall there were five ayes and non s, as follows: Bank, aye; Dickson,. aye; Fronk, aye; Tupa, aye; and Bredese , aye; and t�ie finance was adppted. ATTEST: 1593 d.r PINBALL MACHINE ORDINANCE was discussed, and Bank offered the following Ordinance, moving that Council.dispense with second reading and adopt Ordinance as read: ORDINANCE NO. 23A AN ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT DEVICES, REPEALING ORDINANCE NO. 23 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. The word 'machine" as used herein shall mean a mechanical amusement device as herein defined. A mechanical amusement device is defined as a machine or contrivance, including "pinball" machines, but excluding machines regulated ,and licensed under Ordinances Nos. 24 or 262 which upon the insertion of a coin, slug or other token operates, or may be operated, as a game, contest or, other amusement only and which contains no automatic pay off device for the return of eni money, coins, merchandise, checks, tokens or any other thing or item of value, provided, however, that such machine may be equipped to permit a free play or game.. Section 2. No mechanical amusement device as defined herein shall be so constructed, maintained or operated so as to be capable of taking more than one (1) coin, token or slug per player for any one (1) game, and multiples of the design, kind or character of the game are prohibited. Section 3. 'It shall be unlawful for the owner of any amusement device, or for the owner or operator of any establishment where such device is located to- permit the same to be used for gambling or for the making of bets or wagers. Section 4. It shall be unlawful for the licensee or for the owner or operator of the establishment where the amusement device is located to give any money, token, merchandise or any other thing of value or any.reward or prize•in lieu of free games registered on such device, and all free games so registered shall be played on the amusement device registering such free game, and there shall be no device on the machine whereby the operator can cancel registered free games. Section 5. No person, firm, partnership or corporation shall engage in the business of operating mechanical amusement devices in the Village without first having obtained a license from the Village so to do. Any person, firm, partnership or corporation desiring to engage in the business of operating mechanical amusement devices shall file an application for such license with the Manager; such application shall contain the name of the applicant, and if a partnership or firm the names of all partners or persons interested therein, if a corporation the state of incorporation, the names of all officers and managers, together with the residence address of all persons named in the application, the business address of the applicant, and shall state whether or not any person named in the application has ever been convicted of any crime. After the filing of the application the Manager shall forward the application to the Police Department for investigation and report. After investigation the Police Depart- ment shall report to the Manager and make its recommendation as to the granting or delial of the license. 154 5/27/57 Section 6. The applicant for a license shall pay to the Village a fee of $100.00 for each machine or device. Upon the issuing of the license herein mentioned the Manager shall issue to the applicant a tag or plate suitably marked to identify the licensee and the machine so licensed, which said tag or plate shall be firmly affixed to the machine in such manner that it may be readily accessible to inspection. Section 7. Any duly licensed machine may be transferred from one location to another without cost to the licensee, and whenever a licensee shall desire to retire or remove a machine from operation he may transfer the tag or plate from the retired or removed machine to the new or replacement machine vuith- out cost to the licensee. Section 8. The licensee may at any time during the term of the license increase the number of machines operated by such license by applying to the Manager and paying the $100.00 fee for each machine desired. Section 9. No person shall permit such mechanical amusement device to be operated by -any person under the age of 18 years, unless such Person is then and there accompanied by his or her parent or natural guardian. Section 10. No person, firm or corporation shall keep, maintain, sell or permit to be operated in his, its or their place of business any mechanical amusement device which has been converted into an automatic pay off device which shall discharge coins, checks or other tokens to the operator or-player of such machine. No person, firm or corporation shall convert any mechanical amusement device into an automatic pay off device. Section 11. Any machine, apparatus, contrivance or device which shall have been made use of in violation of the terms of this ordinance may be seized and destroyed in compliance with the provisions of the statutes of the State of Minneeota relating to gambling devices. Section 12. In addition to all other penalties the Manager may revoke all the licenses of any person, firm or corporation violating the terms of this ordinance. . Section 13. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction such judgment or decree shall not affect or impair the remainder of this ordinance. Section 14. Any person, firm or corporation guilty of violating the terms of this ordinance shall upon conviction be fined not more than $100.00 or imprisoned for not more than 90 days. , Section 15. Nothing in this ordinance shall be held to apply to any mechanical amusement devices held or kept for sale or storage and which are not actually in use or displayed for use. Section 16. All licenses issued under the provisions of this ordin- ance shall expire. on the 1st day of April. Section 17. Ordinance No. 23 of the Village, entitled "An Ordinance Regulating Amusement Devices ", as amended, is hereby repealed, effective July 1, 19573, and licenses granted thereunder shall expire on said date. Section 18. Any person holding a license under said Ordinance No. 23 may apply for a license under this ordinance, and if the application is granted, the license fee paid for the existing license issued under said Ordinance No. 23 shall be credited against the license fee required hereunder; but if the appli- cation is denied, the applicant shall have refunded to him $75900 of the annual license fee paid under said Ordinance No. 23 on or before April 13, 1957. Motion for adoption of Ordinance, and waiver of second reading, was seconded by Tupa, and on Rollcall there were five ayes and n s, as folloiis: Bank, aye; Dickson, aye; Fronk, aye; Tupa, aye; and Bred en, aye; and th Ordinance was adop ed. r f A — �J r Mayor Village Clerk FOOD VENDING RIACHINE LICENSING ORDINANCE, submitted by Attorney in accordance with instructions by the manager, was reviewed. Bank offered the following Ordinance for adoption, moving that Council waive second reading and adopt Ordinance as submitted: ORDINANCE NO. 25 AN ORDINANCE PROVIDING FOR THE PRESERVATION OF HEALTH AND THE PREVENTION AND SUPPRESSION OF DISEASE IN THE VILLAGE OF EDINA,AND FOR THE INSPECTION, REGULATION AND LICENSING OF PERSONS ENGAGED IN THE BUSINESS OF VENDING FOOD, BY OR THROUGH THE USE OR OPERATION OF VENDING MACHINES OF-ANY KIND OR TYPE, AND TO PROVIDE PENALTIES FOR VIOLATIONS. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: ` 1 1 5/27/57 w5 Section 1. The word "person" as used in this ordinance shall include any and all individuals, firms, associations, partnerships or corporations. The word "food" as used in this ordinance shall include all articles of food, confection, drink or condiments for human consumption, whether simple, mixed or compounded, and all substances or ingredients used in the preparation thereof. Section 2. No person within the Village shall engage, or continue in, or carry on the business of selling of vending any food, through or by the use or operation of vending machines of any kind or type, without first having obtained a license from the Manager and complying with the provisions of this ordinance. ,Provided that a "vending machine" is hereby defined as any machine operated by any coin above one penny in value. Section 30 Any person desiring to engage or continue in or carry on the business specified in Section 2 hereof may file with the Manager a written appli- cation to the Manager for a license, stating therein his true name, residence, place of business, the address of the place or places wherein he proposes to install and operate any vending machine, the kind and number thereof, the kind and general description of the article or articles he proposes to sell or vend by the use of said machines, the address of the place where such articles are manufactured or stored, and the address of the place where such articles to be sold by the use of said machines are placed in said machines, unless the same are filled at the place of their location. Each application shall be signed by the applicant in person if an individual, or by a member, partner or manager if an association, firm or co- .partnership, or by an officer if a corporation. If approved, a license shall be issued by the Manager, after payment of the required fee. The amount of the fee paid and the number of machines for which the license is issued shall be stated thereon. Provided that vending machines heretofore installed and in use when this ordinance becomes effective may be continued in operation for the sale of such merchandise until the owner or operators thereof shall have time, not exceeding thirty days, to make application for licenses and permits, and until such.appli- cation has been acted-on by the Manager. Section 4. The.annual license fees for the license herein required are hereby fixed as follows: For a license to install, use and operate not to exceed two of such vending machines of any kind or type, the sum of $25.00; for each additional vending machine over two, the sum of $12.50. The fee shall be paid to the Treasurer before any license shall be issued. After a. license has been issued to an applicant by the Manager, and there has been paid to the Treasurer the sum of $12.50 for each additional machine, the applicant may receive from said Manager from time to time written permits to install, use and operate additional vending machines over and above the number stated in his original application. The application for such permit shall state the desired additional number, the date and number of the original license, the street address of the property or place wherein he proposes to install the additional machines, and shall be signed in the manner required for an original application. In case a licensee changes or removes a vending machine from the location in which it is authorized by his license or permit to be located and installs the same in a new location, such new location shall be reported in writing to the Manager within ten days after such change or removal. No such permit shall be issued to any person not having a license from the Manager and who has not paid the required $25.00 for a license for two machines or less. Section 5. Any license granted under this ordinance may be revoke at any time by the Manager, or by the court upon conviction of the holder thereof /�a y violation of this ordinance. Licenses issued hereunder shall expire on April 1 next after the same shall be issued, unless sooner revoked. Section 6. Every licensee hereunder shall comply with all the health and sanitary regulations set out in Sections 8 and.9 of Ordinance No. 151 of the Village, entitled "An Ordinance Providing for the Licensing, Inspection and Regulation of Food Handling Establishments ", in so far as such requirements are appropriate and applicable and requisite for the care, handling, storage and 81 of any of the articles sold or disposed of by the use of vending machines/ eelerms of this ordinance. Section 7. No licensee shall install, use or operate at any time a greater number of vending machines than that for which he has been granted a license or permit and paid the fees therefor. The Manager shall provide a suitable metallic tag show- ing the proper number of the license or permit thereon, and shall furnish to each licensee one of such tags for each machine for which he has obtained a license or permit. The licensee shall affix and keep affixed one of said tags to each vending machine operated by him under his license.or permit. In case a licensee shall make and file an affidavit that any such tags have been lost or destroyed, said Manager shall issue to him duplicates thereof upon payment to the "Treasurer of the sum of twenty -five cents for each duplicate issued. Section 8. This ordinance shall not apply to or prohibit the use of any such vending machines owned and.operated by any licensee who has been regularly licensed under the terms of the ordinance specified in Section 6 hereof; provided such vending machines are operated upon the premises for which the said licensee has been granted a license under said ordinance. 156 1 5/27/57 Section 9. All licenses or permits, the application for which shall be made after the commencement of any license year, shall be issued for the period' from the date of the application therefor to the first day of April next following the issuance of the same, upon the payment by the applicant for any such license or permit of a proportionate part and the amount of the annual license and permit fees herein established and required for the same. Section 10. Any person who shall violate any of the provisions of this ordinance, upon conviction thereof before the Municipal Court of said Village, shall be punished by a fine of not to exceed $100.00 or by imprisonment for not to exceed ninety (90) days. Section 11. All ordinances and parts of ordinances inconsistent here- with are hereby repealed. Section 12. This ordinance shall take effect and be in force from and after its publication. Motion for waiver of second reading and adoption o dinance as read was seconded by Tupa, and on Roilcall there were five ayes and nays, as follow Bank, aye; Dickson, aye; Fronk, aye; Tupa, aye; and Brede en, aye; and th dinance was adopted. A T: - Mayor illage Clerk IMPROVEMENT FINANCING BY DEVELOPERS. Manager Hyde reviewed for Council the present ratio of the Village- School District of its bonded debt to its assessed valuation, and apprised the Council of the danger of the Village's losing its BAA credit rating unless something is done to curtail the steady increase in bonded indebtedness. He reported that financial experts in the area feel that the local contractors are not financially big enough to secure financing for sewer and water improvements for their plats, but stated that, in his opinion, many of the local municipalities are reaching a point where they must demand either short -term assessments for these utilities, or independent financing by the contractors. Mr. Hyde cited St.Louis Park's recently adopted ordinance which requires contractors to finance utilities. Village Manager directed to urork with Attorney in drafting an ordinance looking toward independent financing of utilities construction by developers. CROSSTOWN HIGHWAY PROGRESS REPORT. Manager Hyde reported that, at a meeting which he attended this past week, the matter of acquisition of property was discussed, with the State Highway Department ready to purchase soon after July 159 1957 in the cloverleaf areas, and the City and County stating there will be something in their 1958 budgets for this purpose. HIGHWAY NO. 169 RELOCATION. Manager Hyde reported he has written State Highways Commissioner Zimmerman concerning the proposed relocation of Highway #169 to the Crosstown, but, that he has received no reply to date. VOTING MACHINE STORAGE, AND REDISTRICTING. Maps, setting forth new districts for voting, presented to the Council at its last regular meeting, were reviewed and discussed. Manager Hyde told the Council he felt that, in the interests of general economy, the present twelve districts should be consolidated; and, that, in line, with current policy of using the schools as storage places for the machines, and also as polling places, our School Board should be asked for its cooperation. Dickson's motion, authorizing office to consult with School Board on Voting Machine storage and use of schools as polling places in five of the proposed seven districts, was seconded by Bank and carried. PUBLIC HEARING ON SANITARY SEt9ER FOR BROOKVIEW HEIMHTS -SOUTH NORMANDALE SECOND ADDN. AREA. Engineer Zikan explained that for the South part of Normandale Second Addition to be served by Sanitary Sewer, it will be necessary for them to obtain service from Trunk Sewer C -1; that, therefore, a proportionate share of the expensive line from the Trunk Sewer to W.70th Street should be charged to this district. He recommended that a Public Hearing be held on the entire project, including that area in Normandale Second Addition which must be served by Trunk Sewer No. C -1; and Fronk offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING PROPOSED SANITARY SEVIER IMPROVEMENT BE IT RESOLVED by the Council of the Village of Edina: 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sanitary Sewer Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, June 109 19579 at 7:30 P.M., in the Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. j i 5/27/57 `5 Z 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: NOTICE OF PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, June 10, 1957, at 7:30 P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of such improvement is estimated 3 by the Village Engineer as set forth below: ESTIMATED COST Including Engineering and Clerical) Construction of Village Sanitary Sewer and Appurtenances in the following streets: $3202242.68 Abercrombie Drive from Ridgeview Drive to Duggan Plaza Tifton Drive from Ridgeview Drive to Duggan Plaza Duggan Plaza from Ridgeview Drive to Meadow Ridge Everett Place from Abercrombie Drive to Duggan Plaza Ridgeview Drive from Abercrombie Drive to West 66th Street Meadow Ridge from Ridgeview Drive to Duggan Plaza Danens Drive from Ridgeview Drive to Duggan Plaza Circle Drive Warren Avenue from Danens Drive to 'West 63rd Street Naomi Drive from Danens Drive to West 66th Street West Service Drive from Church Place to West 66th Street or along easements in Block 1, Brookview Heights 1st Addition and other unplatted property from Duggan Plaza to West 66th Street. West 66th Street from Ridgeview Drive to Wilryan Avenue Mildred Avenue from 175' North of West 65th St. to 345' North of West 65th St. Rolf Avenue from West 66th Street to West 65th Street Tingdale Avenue from West 66th St. to West 65th Street. West 70th Street from Trunk Sewer to Rabun Drive Rabun Drive from West 70th Street to Abercrombie Drive Church Place from Abercrombie to West Service Drive West 70th Stret from Trunk Sewer to Railroad Tracks The area proposed to be assessed for the cost of said proposed improvement includes all lots and tracts of land abutting the above described streets except the South side of West.70th Street from Highway #100 to Railroad Tracks. GRETCHEN S. AMEN Village Clerk Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Bank, a ; ickson, aye; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Resolution w ad pted. .4 27-77 4_Q /A 7 4�01 IL (Village Clerk v (As a part of his report on this proposed project, Mr. Zikan recommended that the unplatted property South of W.70th Street be relieved from the assessment, because present homes are too far from W.70th Street to connect to the sewer on any economical basis, and because that the properties when platted, will undoubtedly connect directly from the trunk sewer, through North -South Streets. WATERMAIN IMPROVEMENT FOR NORMANDALE SECOND ADDITION AREA. Discussion on a project for this area was occasioned by Mr. Elsen's failure to bring in the promised petition for service in Wilryan Avenue between W.64th and W.65th Streets. Engineer Zikan recommended that the Council conduct a hearing, on its own motion, on a project for the entire area not now served; and reviewed the Council's action of last year in abandoning a portion of the planned project, only to have petitions presented this year for part of the abandoned project. He reported that the most economical construction for all concerned would be a main across W.66th St., and that this would also serve as a tie to the Brookview Heights Well, thus assuring good pressure; and he also commented that, unless the entire project is constructed at one time, unnecessary cross - street mains must be constructed to secure the required "loops ". Bank offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING PROPOSED WATERMAIN IMPROVEMENT BE IT RESOLVED by the Council of the Village of Edina: 1. The Village-Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Watermain Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the - Village Clerk. - 527/57 .2. This Council shall meet on Monday, June 101, 1957, at 7 :30 P.M., in the Edina village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a wek for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: NOTICE OF PUBLIC HEARING ON PROPOSED TRUNK AND LATERAL WATERMAIN IMPROVEPIENT NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, June 10, 1957, at 7:30 P.M. to consider the following proposed improvement to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of such improvement is estimated by the Village Engineer as set forth below: ESTIMATED COST (Includes Engineering and Clerical) Donstruction of Village Trunk and Lateral Watermain and Appurtenances in the following streets: $90,289.30 Rolf Avenue from West 65th Street to West 66th Street Tingdale Avenue from West 63rd Street to West 66th Streit Wilryan Avenue from Roberts Place to West 66th Street Josephine Avenue from West 64th Street to West 66th Street Highway #100 from West 66th Street to North line of Brookview Heights West 63rd Street from Rolf Avenue to Tingdale Avenue 'Jest 64th Street from Wilryan Ave. to Josephine Ave. West 66th Street from Naomi Drive to Highway #100 The area proposed to be assessed for the cost of this improvement includes all lots and tracts of land within the following described boundaries: Commencing at the intersection of the centerline of State Highway ##100 and the centerline of West 63rd Street; thence Southerly along the centerline of State Highway #100 to its intersection with the Easterly extension of the North line of Lot 38, Block 1, Brookview Heights 1st Addition; thence Westerly to the Northwest corner of Lot 23, said Block 1; thence Northerly to the Northeast corner of Lot 22, said Block 1; thence Westerly to the Northwest corner of Lot 18, said Block 1; thence Northerly to the Northeast corner of Lot 13, said Block 1; thence Westerly to the Northwest corner of said Lot 13; thence Northerly to the Northeast corner of Lot 12, said Block 1; thence Westerly to the Northeast corner of Lot 7, said Block 1; thence Northerly along the rear lot lines of Lots 1 -6, said Block 1, and its extension to the centerline of West 66th Street; thence Easterly along the centerline of West 66th Streit to its intersection with the North -South centerline of Block 185 Normandale 2nd Addition, extended South; thence Northerly along said centerline and the centerlines of Blocks 11 and 49 Normandale 2nd Addition to the centerline of West 63rd Street; thence Easterly along said centerline to the point of beginning, for the Trunk Watermain; and all lots and tracts of land abutting the following described streets: Rofl Avenue from West 65th Street to West 66th Street; Tingdale Avenue from {,Vest 63rd Street to West 66th Street; Wilryan Ave. from Roberts Place to West 66th Street; Josephine Avenue from West 64th Street to West 66th Street; Highway #100 from West 66th Street to North line of Brookview Heights Addn.; West 63rd8treet from Rolf Avenue to Tingdale Avenue; West 66th Street from Naomi Drive to Highway ##100; for the Lateral Watermain. GRETCHEN S. ALDEN Village Clerk Motion for adoption of the Resolution was se on b� Dickson, and on Rollcall there were five ayes and no nays, as follows: Bank aye;*Dickson, a e; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Resolution ti s adopted. S T: Mayor Village Clerk AWARD OF BIDS -PARKS 1. Fill for Lake Pamela. Manager Hyde presented Tabulation of Bids taken May 24th, in response to Advertisements.published in Edina - Morningside Courier and Construction Bulletin May 16 and 23, for Up to 75,000 Cu. Yds. of fill for Lake Pamela park.- The five bids received ranged from $.42 per Cu.Yd. for Sand and Gravel - -bid by Allen L. Hart - -to $.64, bid by Carl Bolander & Sons. Mr. Hyde recommended award of contract for the Sand and Gravel to low bidder, and award of contract for up to 109000 Cu.Yds. of Clay to J.A. Danens & Son, Inc., at $.43 per Cu. Yd. Fronk's motion, that purchases be made in accordance with Manager Hyde's recommendation, was seconded by Bank and carried. 2. Improvements for Chowen- W.57th St. Park. Mr. Hyde presented Tabulation of 5%2757 $ ,` the three bids taken"May 17, in response to "Advertisement for Bids - Asphaltic Pavement and Grading, W.57th Street and Chowen Ave. So. ", published in Edina- Morningside Courier and Construction Bulletin May 9 and 16. He reported that bids were higher than expected; that bids for the entire project would run the expenditure over the budget; that the low bidder, Carlson - Lavine will accept a contract for the paving contemplated, excluding the playground equipment area, for unit prices bid, which will total $39090 as nearly as can now be estimated, and which will be within the budget set up. Fronk's motion, for award of contract to low bidder, Carlson- LaVine, in accordance with Manager's recommend- ation, was seconded by Dickson and carried. SPECIAL ASSESSMENT PROBLEMS. In reviewing some of the problems facing the office insofar as special assessments are concerned, Manager Hyde presented, as an example the assessment roll for "Sanitary Sewer Improvement No. 106P9, located in the Melody Knolls area, where lots range in front - footage between 60 feet and 191 feet. His tabulation showed that, on the usual front - footage basis of assessment, the 60 -foot lot would pay $277.20, and the 191 -foot lot, $885.65 (for the same service). Mr. Hyde told the council that, in endeavoring to arrive at some more equitable basis of assessment, two alternatives had been figured - Method No. 2 was to divide the actual front foot total of all the lots by the number of lots, and establish 101 feet as the maximum lot frontage. This method would raise the cost of the small lots (a 60 -foot lot would pay $310.20) and decrease the cost to the larger lots (the 191 -foot lot would pay $522.17. Method No. 3 was simply to divide the total cost into the total lots, on which basis each lot would pay $466.36." Mr. Hyde recommended that the Council schedule a public hearing on the assessment, on the per -lot basis, and Council agreed. SPECIAL ASSESSMENT HEARINGS: Tabulations of Assessment for Sanitary Sewer Improvement No. 106 and for Lift Station No. LS -2 were presented for Council review, with the suggestion that Public Hearings thereon be scheduled for June 24; and Bank offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS- SANITARY SEWER IMPROVEMENT NO. 106: LIFT STATION IMPROVEMENT NO. LS -2 BE IT RESOLVED by the Council of the Village 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 amounts proposed to be assessed against the respective lots, pieces and parcels of land within 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: 2. This Council shall meet at the time and place specified in the form of notice of hearings hereinafter contained, to pass 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 HEARING ON SPECIAL ASSESSMENTS FOR SANITARY SEWER IMPROVEMENT NO. 106: LIFT STATION IMPROVEMENT NO. LS -2 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Village Hall on Monday, June 249 1957 at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for improvements as herein- after set forth, which assessments are now on file in the office of the Village Clerk and open to public inspection: SANITARY SEWER NO. 106, In - Code-Ave. from Grove Street to West 56th Street; Melody Lake Drive from Code Avenue to Code Avenue; and Melody Lane from Grove St. to Melody Lake Drive. The area proposed to be assessed for "the cost of said improvement includes all lots and tracts of land as follows: Melody Knolls Ist Addition - Lots 1 through 6, incl., Melody Knolls 2nd Addition - Lots 1 and 2, Block 1; Lots 1 and 29 and Lots 6 through 11, Incl., Block 2; Lots 1 through 6, Incl., Block 3; Melody Knolls 3rd Addition - Lots 1 through 7, incl., Block 2; Melody Knolls 4th Addition - Lots 11293,6,7 and 89 Block 1; Lots 1 through 6, Block 2; and Lot 1, Block 3. LIFT STATION NO. LS -2w At Melody Lake Drive and Code Avenue. The area proposed to be assessed for the cost of said improvement includes all lots and tracts of land as follows: Melody Knolls 1st Addition - Lots 1 through 6, incl.; Melody Knolls 2nd Addition - Lots I and 2, Block 1; Lots 1 and 2 and Lots 6 through 11, Incl., Block 2; and Lots 1 through 61 Incl., Block 3; Meloday Knolls 3rd Addition - Lots 1 through 71 Incl., Block 2; Melody Knolls 4th Addition - Lots 11,25,3,69,7 and 89 Block ; Lots 1 through 6, incl., Block 2; and Lot 19 Block 3; Melody Knolls 6th Addition - Lots 1 through 5, Incl., Block 1; Lots 1 through 7, Block 2; and Lots 1 through 10, Block 3; Town's First Edina Addition - Lots 1 through 4, Incl., Block 1. 5/27/57 Assessments for above improvements 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 1958, with interest on the entire assessment at the rate of 52o' 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. The owner of any property assessed for all of the above improvements 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 Treasurer. BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk Motion for adoption of Resolution was seconded by Di on, and on Rollcall there were five ayes and no nays, as follows: Bank, jay, D' ksony aye; ronk, aye; Tupa, aye; and Bredesen, aye; and the Resolution was tq . A f A Mayor Village Clerk MOSQUITO CONTROL was discussed, Mr. Hyde reporting on a meeting with County, State and Municipal officials, at which municipalities were informed that no local govern- ment has the power to embark on its own program without state approval; that the State Board of Entomology feels that basic program of control is at least a five - year job. He•said the general sentiment of the meeting was that the individual municipalities in Hennepin and Ramsey County should approach their County Boards for a County program; then he added that, a few days after this meeting, County Commissioner Matthews had advised that this is not a project for County consider- ation. It was reported that both Brookview Heights and Edina Highlands have signed with a private contractor for this summer's mosquito control. STORM SEWER PROJECTS IN NEW DEVELOPMENTS. Engineer Man asked Council policy in constructing storm sewers in plats still under the control of one owner, and he was authorized to work out a plan for such work, the Council believing it is to the best interests of the purchaser to know that storm sewers must be paid for by the property owner. "ADOLPH MEYER" STORM SEWER., Mr. Zikan presented tentative layout of the proposed storm storm sewer,into Nine Mile Creek. He stated that Mr. Adolph Meyer, planner of this improvement, will be available for the Council Meeting of July 8; and asked that the Council schedule a hearing on the improvement for that time. Fronk's motion, that Council schedule public hearing for July 89 was seconded by Tupa and carried. AUTHORIZATION FOR BIDS - TENNIS COURTS FOR WOODDALE PARK. Mr. Hyde reported that plans are ready for acceptance of bids on tennis courts in Wooddale Park, and asked for authorization to advertise for bids. Authorization granted by motion Fronk, seconded by Tupa and carried. ADVERTISEMENT FOR BIDS - BLACKTOP REPLACEMENT FOR SANITARY SEWER AND WATERMAIN CONSTRUCTION Engineer Zikan asked for authorization to advertise for bids for this work as soon as plans and specifications are prepared. Authorization granted, by motion Fronk, seconded by Tupa and carried. CLAIMS FOR PAYMENT. Bank's motion, for payment of claims as per Pre -List dated May 27, as follows, was seconded by Tupa and carried: General Fund - - - -- $13,838.07 Liquor Fund - - - -- $21,674.84 Construction Fund 58,050.02 Sewer Rental Fund 1,053.07 Park Fund 13,423.18 Improvement Funds 10,734.27 Waterworks Fund 5,268.60 TOTAL $1129042.05 Tupa's motion for adjournment was seconded by Bank and carried. Meeting adjourned at 11:10 P.M. a,40��� 0? Village Clerk 1