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HomeMy WebLinkAbout19581110_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, NOVEMBER 10, 1958 AT 7:OO P.M., IN THE EDINA VILLAGE HALL I '.* 21 -' i Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredesen. Minutes of the Regular Meeting of October 27, 1958, were approved as submitted, by motion Tupa, seconded by Dickson and carried. PARK BOARD'S RECOMMENDATION FOR SALE OF UP TO 20,000 CU.YDS. SURPLUS FILL DISAPPROVED. Manager Hyde reported that there is a minimum of 50,OOO'Cu. Yds.of surplus material at the Belmore Lane-Jackson Avenue Park site; that approximately 20,000 Cu. Yds. could be disposed of to buyers, at 10$ per Cu. Yd. He stated that there are several places in the Village where this fill could be used to good advantage if there was money to get the fill to them. had been sent out; that only two bids had been received; that 10$ was high bid. question from the council as to the purchase price to the Village for fill, it was reported that the Village has paid 42$. Bank suggested that the surplus material be stockpiled, to be used as needed; Dickson so moved, and motion was seconded by Tupa and carried. It was reported that 21 letters asking for bids on the material At a AUTHORIZATION GIVEN FOR BIDS FOR "EDINA HIGHLANDS PARK" WATERMAIN. Parks and Recreation Director French reported to the council that this park needs water if there is to be a skating rink this winter and if proposed shrubbery and plantings are to be properly cared for. operate a sprinkler system would cost approximately $7,700, whereas, a 6" watermain extended from the west end of Skyline Drive across park property to a point about 200 feet west of Doncaster Way would total an estimated $7,100; that the watermain will provide possible service to 4 lots and a future link to further main extensions or a new well in this area and will eliminate some of the dead-end problem at Skyline Drive. for water service, Mr. Hyde replied that it would make service to Edina Highlands possible, inasmuch as we cannot go further on Interlachen. to whether either'well or watermain could be constructed this fall, in time for winter skating, and Mr. French answered that it is the Park Board's hope that the main can be completed in the very near future. Mr. Kohler suggested that, if the main is constructed in such way as to provide service to four privately-owned lots, deed restrictions, notifying future purchasers of pending assessments, be-placed on the benefited properties. improvement is needed right now, and was answered in the affirmative, Mr. French's reason being that water is needed to protect the area's plantings. and Bredesen inquired as to whether the $30,000 allocation made to Edina Highlands Park included this improvement; and Mr. French replied that the original thinking had not included this expenditure; that, although there is no "master plan" for development of the park, this improvement had not been included in estimates for improvement. reported that Highlands Park serves a very large area, since it has been necessary to close the Mirror Lakes skating rink; that attendance on the rink has increased this last winter; that it is about our fifth rink in attendance. that, inasmuch as the Park Board has given this improvement priority, the Council proceed to take bids on the improvement on November 24, and program it for immediate construction. Motion seconded by Bank and carried. PURCHASE OF LOTS 1,2,3,BLOCK 5, FARMER ADDITION, FOR 62ND AND BEARD PARK, AUTHORIZED. Mr. French reported the Park Board's request for authority to purchase, for $6,000, Lots 1,2,3, Block 5, Farmer Addition, for the 62nd-Beard Park. He stated that, here, the Board will face no "fill" problem; that all that is proposed to do at the present time is to grade the area and put it into grass. to whether this is a good place for a park, Mr. French replied that it is not the best, because there is access from the East only, but that it is the best we can get. Tupa's motion that recommended purchase be authorized was seconded by Kohler and carried. Purchase is to be made from Park Bond Issue funds. He reported that a well sufficiently large to Asked by Mr. Kohler how this would tie in with the over-all program Mr. Dickson inquired as Trustee Tupa queried Mr. French as to whether the Messrs. Bank Asked about the necessity for a skating rink at this area, Mr. French Kohler moved On an inquiry from the council as CONGREGATIONAL CONFERENCE PROPOSED PARK DONATION DISCUSSED. Council that the Minnesota Congregational Conference is disposed to donate, for Park Purposes, approximately 10 acres of its land East of and adjacent to Walnut Ridge and North of Highway No. 169, providing Mr. Sime, developer of the Walnut Ridge Addition, and Mr. Carl M. Hansen, developer of the Parkwood Knolls Additions will also make donations; that Mr. Sime has already agreed; and that Mr. Hansen, too, agreed to a compromise solution at the last Park Board Meeting. taken. Mr. French told the Report accepted, but no action 11/10/58 22 PUBLIC HEARING ON PROPOSED AMENDMENT TO VILLAGE ZONING ORDINANCE, ESTABLISHING OFFICE BUILDIIG DISTRICT. on November 6, and of Posting on October 28, of "Notice of Public Hearing" was presented, approved as to form and ordered placed on file, )! Notice, the Council conducted public hearing on proposed Ordinance No. 261-37. There were no objections to the proposed amendment from the floor, and no written objections had been received prior thereto. It was reported that the Planning Commission has studied the proposed amendment over a period of three or four months and that, in its present form, meets with Commission approval; and Village Attorney Hasselquist stated he feels that the amendment will be welcomed by the people who are interested in this type of development. Ordinance be accepted for its first reading, and that second reading be scheduled for Monday, November 24. Affidavit of Publication in Edina-Morningside Courier Pursuant to said Dickson moved that the Motion seconded by Tupa and unanimously carried. SANITARY SEVER IMPROVEFrlEEJT NO. 146 - CONTRACT AVJARDED, Tabulation of Bids taken this morning was presented, Manager Hyde reporting receipt of five bids, taken on Alternate Routes, and on completion dates of December 20, 1958 and June 1, 1959; that Swanson Excavating Company is low bidder in all cases, bidding $24,951.00 on original route with completion date of December 20; and $23,460.50 for completion date of June 1; $41,684.75 on Alternate with completion date of December 20, and $34,932.75 with completion date of June 1. Original proposal was through property proposed to be condemned (and on which condemnation proceed- ings have already been initiated) and alternate is through dedicated property-- which requires additional depth in cut. to low bidder, on original proposal, with December 20 completion date, inasmuch as several people in the area are in need of service immediately. he had talked with Mr. Larson, chairman of the local improvement association, just this afternoon, and was told that the area is most anxious to have the sewer. Bank's motion, that contract be awarded to low bidder, on December 20th completion date and on origiaal proposal, at $24,951.00, was seconded by Dickson and carried. Mr. Hyde stated that contract will not be issued until appraisers have been appointed and have made their appraisals. Manager Hyde recommended award of bid Mr. Hyde said REPUBLICANS ASK IMPROVED VOTING FACILITIES : BIDS AUTHORIZED FOR ADDITIONAL VOTING MACHINES. Republican Committee, and citing the difficulty experienced in Edina at the November 4th Election, asked for - 1. Moke Voting Machines. He recommended one machine for every 300 voters. 2. Additional Polling Places. He stated that parking facilities were inadequate in some cases. Improved facilities at the polling places. He recommended the use of school gymnasiums rather than the hallways. 4. Additional preparation of the election officials. 5. Additional education of the voter efgre they reach the machines, by use of sample ballots, etc.3 and additionalfixp ?i anations in the line of vote. Mr. J. Po Lace, also speaking for the Republican Committee, suggested that police be deputized to stay at the polls. He added he feels that the election personnel and the Village personnel did a "marvelous job" in the face of a very trying situation, The Council reviewed a post-election report by Administrative Assistant, George Hite, which incorporated some bf the same suggestions as voiced by Mr. Mooty; and Manager Hyde presented an informal proposal from the Automatic Voting Machine Corporation, and recommended that the Council take bids on machine as soon as possible, to save a proposed cost increase. Tupa's motion, that bids be taken November 24, on 20 to 25 voting machines, was seconded by Bank and carried. Alr. John Mooty, speaking for the 3. I CEDRIC ADAMS AND DELEGATION PROTEST CONDITION OF ROADS. South Blake Road, Minneapolis star columnist, appeared in rebuttal to the references made in his column about Edina roads, and at the invitation of o reporter from the Edina-Morningside Courier. Mr. Adams contended first, that if a Village-employed contractor does personal property damage and destruction, then the Village owes the property ovrner a certain amount of restitution; second, that if said contractor leaves behind his operation a traffic or safety hazard, then it is up to the Village to see that this is corrected; and, third, that never in the 22 years of his residence in Edina has he seen the roads as "lousyll as they are now. has some three or four hundred letters as the result of his recent column, agreeing with his statements. on the special assessment basis for improvements; that, in Mr. Adams' area Blake Road had to be dug up at least twice because property owners could not make up their minds as to whether or not they wanted laterals sewers; that Interlachen Blvd. has posed exactly the same problem throughout the years, with petition after petition being presented to the Council for improvements in a small stretch of the street. improvements, Mr. Bredesen explained that they are difficult to maintain because of the constant settling; that the Council is trying to hold the line insofar as taxes are concerned. Mr. Cedric Adams, 5700 He said he I Mayor Bredesen explained to Mr. Adams and the delegation that Edina operates As to maintenance of streets which have been recently dug up for underground . /- ,\ I ,' v xu x x x X X 1025 0 099 0 0975 0 116 106 oaoa liSa Bid KO Bfd No Bid tt I1 1?, tl n I1 11 ;I 11 n 11 17 tl It I? n 11 n -.~. . - c c 0925 .os9 x 3 3-08 0 038 X l?s Wid . Eo Bid x t? 11 11 I? IT lt 11 I1 I? X I1 11 I8 tf x x 13 X X x x + 110 Bid. Ro Bid No Bid 01 I? 11 rt n If II 11 .1600 . 03.525 No Bid No Bid I: Ir I? 11 11 . n 11 tI 17 11 il !? It P? X X x x x x> x X X X x x 11/18/58 cpy. Mr. H.C.KaysarY6229 Parkwood Road, asked why a "steam shovel" must be sent down theAb streets to dig up the entire street for a sewer. the Gas Company uses to lay its mains. Mr. Kaysar was advised that gas mains are laid at a depth of about 42", whereas sewers are laid a great deal deeper; that there is no trenching machine which can put the main at the depth at which sewers must be laid. One lady from Jeffrey Lane stated that sewer petitioners were told that streets would be restored to their former condition, after sewer construction; that there is equipment which would do this. It was explained that "mechanical tamping" has been proposed many times but that because of the additional cost it has been found that petitioners would rather live with poor roads for one season than pay the extra. Mr. Stewart from Danens Drive reported that maintenance people do not do an adequate repair job. Manager Hyde explained that in Mr. Adams' area, the streets which had been blacktopped before sewer construction will be reblacktopped in the spring as part of the sewer job; that many streets which have had permanent blacktopping will be reblacktopped in the spring; that the problem is that until about.eight years ago the Village did not require a good gravel base--that it now requires 12" of gravel; that for some 2nderground improvement jobs, including the Brookview Heights sewer, the original estimate of cost included mechanical tamping, at between $1.50 and $2.00 per foot extra, and residents all stated they would live with roads rather than pay this cost; that the village is now waiting for the Brookview Heights owners to determine what they want done; that both Interlachen Blvd. and Blake Road will be blacktopped next spring. Mr. Lewis Jones, 5717 South Blake Road, reminded audience that Blake Road had originally been a County Road and was surfaced by the County, without expense to abutting property owners; that it had been in good condition until about 1950, when the Gas Company put in it5 large main. stated he feels there should be more men on the Village public works crews. Manager Hyde replied that the Village is attempting to fill soft spots with gravel, so that a fairly good base can be established; that we are trying to keep bumps and holes at a minimum. crews seem to do nothing on Mirror Lakes Drive north of Ayrshire Blvd. the petition system. authority to order in improvements where it deems such improvements to be in the He suggested a trencher, such as -E He asked for calcium to lay the dust, and Mr. A. H. Moulton, 5401 Mirror Lakes Drive, complained that the maintenance Mrs. Howard King, 10 Circle West, asked if the Council is legally bound to Manager Hyde informed her that the Council does have the public interest; but that because of the Polume of v r ec fztyed 4 IF the* >la B 6 !'i?&h$,- y,yar$; authority.. ' < ~ '1 .,& A' -%t ri '&k!*'Bhhanan from School Road, stating he is in the equipment business, ..3+ 'A *J 'I 1 sugkpsT?;ad "'that if specifications are set up for compaction by machine after sewer aG,d watdr'construction, there are machines which will do it; that Minneapolis and St. Paul use them. with Cedric's contention tha$ the roads in Edina are lousy; that he has never seen such cow paths as are in Indian Hills; that these are established streets. asked, "What are you going to do about the roads in Indian Hills?" Mr. S. T. Robb, 6405 Indian Hills Road, explained to Mr. Hupp that a base coat had been put on the roads, but that a seal coat had not been applied; and Manager Hyde added that the Village repaired the oil base in Indian Hills two years ago in the hopes that a petition would be forthcoming for a surfacing which receptive of patching. compacted and put back into shape at the earliest possible date; and Mr. Hyde replied that, in the case of Blake Road-Interlachen, the delay (heretofore explained) in the Blake Road sewer caused bad timing insofar as the pending Interlachen construction was concerned; that the Village did its very best to get Blake open for travel in a hurry, so that work could proceed on dnterlachen. the poorest system under which a municipality can possibly operate, explained that it was set up some 40 or 50 years ago; that the property owners who have paid by special assessments for their own street improvements are not disposed to pay by general tax levy for new street improvements; that, should the Council attempt to change the procedure at this late date it would be subject to "taxpayers' suite" from all over the Village, for an entire winter after sewer construction, property owners now have a smooth road-but it is 8 to 10 inches lower than before. He asked that a Village representative look at the street, and was informed that this would be done. of new plats are now required to install sewer and water before plat can be filed they should also be required to blacktop, Manager Hyde explained that one of the reasons for not requiring this is that construction trucks are very hadd on blacktop roads; that it is better to wait until most lots abutting a street are improved before asking for blacktop surface. Mr. Jerry H. Bach, 6301 So. Knoll Drive, suggesting that because Edina is a "City of Homes" residents do not pay low taxes as compared with other areas; Mr. George Hupp, 6421 Indian Hills Road, stated he is heartily in agreement He Somebody from the audience suggested that the main arteries should be machine- Mayor Bredesen, stating he believes the petition-and-assessment system is Mr. Brad Reynolds, Hidden Lane, explained that after living with a poor road A property owner from Highwood Drive suggested that inasmuch as developers - .------ French cargo: Fireplace bpllows em- bellished with scenes from the heri- tage of Brittany . . wyought on an- tiqucd brasstone for authenticity, A unique gift for those lucky enough to mightx practical to own, too. 5.00 Hi Bri so1 have a fireplace or two about. And b Our-buyer returned frorx, with 5,000 pieces, be .Freations of s Dayton's Boulevard Intsmat~onaI-Do:i 24 11/10/58 that they have no objeution to paying high taxes if they get what they are paying for; that the people of Edina will acknowledge good practice when they see it; that as soon as the Council recogtiizes this there will be more money spent on the streets that maybe if we economize on the waste we can spend more for improvements; that Mr. Adarns’ column did one thing--that is to bring to the Council the fact that the people of Edina want the Council to do something about the roads, and now! Mr. Robert 5. Pond, 6513 Stauder Circle, stated that Casco Avenue has stayed in good shape for over 30 years; that he has lived on Stauder Circle €or four years and finds he must have the alignment on his car checked very often because of the rough roads. Mayor Bredesen reminded the audience that only 164 of every tax dollar goes to the Village for all its various services-police, fire, street maintenance, snow plowing, etc; that 60Q goes to the School District, and the balance is divided between County and state. members of +he Council who are in favor of increasing the taxes to provide for better services, but that he, for one, has felt that taxes should not be increased; and that he believes there are a great many taxpayers who feel the same way. The owner at 5316 VJ.62nd Street explained that his neighborhood had made a grave error in not putting in concrete curb and gutter before having*%he street blacktopped. He told the delegation that there are some Mr. G. Allan McNamara, 5509 Parkwood Lane, stated he believes it is lack of P.k. Guy V?. LaLone asked that council drive Division Street and through ‘ supervision of the public work crews which causes the difficulty. Hilldale. that all it wants is to have roads passable, he reported his agreement with the Adams column. Stating that Hilldale wants neither sewer nor water nor curb and gutter-- Mrs. LaLone reported that public works crew had patched the holes in Divisi Street on a Friday; then had dug up the entire street on the following Monday. !Jk. Hyde replied that Division Street does not have a blacktop base; that it is only oil-surfaced; that in many cases, if the public works crew that the oil surface can no longer be patched, the only thing to do is to scarify the street. Dr. Grotting inquired as to whether an additional Blacktop petition will be needed for South Knoll Drive, and was informed that the office will check and notify him. on nur correspondents. I do have a letter from an Edina councilman, hut I’m holding it because I promised the city nfficials I’d give them equaI space and the council- man’s letter wasn’t long enough for a compIete column. It the mayor or the city manager or any other councilman wants space in which to express himself, we’ll provide it. I “AFTER OUR LAST visit to Edina we told our friends out there tile wouIdn’t be back until there was snow on the ground so we could travel by bobsled. Yo& city fathers should visit tile other subrrrbs to see how good streets can really be.-F.M.N., Bloomington” . . . “Last summer me had the sewer put in. Workmen left part of the street in front of our house in the form of a sandpile. For six weeks we’ve been calling the‘vil- lage twice a week to correct the situation. Nothing has been done.-T.S.H.” . . . “One need only to’travel over Interlachen road daily for tne past two years to realize that it’s a miracle everyone in the area isn’t suffering from dislocated bones. There are so many fine things about Edina I can’t understand why the streets aren’t brought up to these otber standards.- R.H.M.” . . . “I would like very much to have the - 25 11/10/58 EDINA HOLDING COMPANY'S OFFER TO GRANT THREE-FOOT ROADWAY EASEMENT DISCUSSED. Mr. Hyde reported that Edina Holding company has agreed to a three-foot easement over the East boundary of the Edina Country Club property, but that a seven-foot easement is the very minimum that the Village can accept. He reported that the Village will try further negotiations. *.-, IMPROVEMENT PETITIONS ACCEPTED. by the Clerk, and by motion Bank, seconded by Tupa and carried, were accepted for programming : The following improvement petitions were filed BLACKTOPPING AND CURB AND GUTTER - Forslin Drive, W.6lst st. to Hanson Road. BLACKTOPPING AND CURB AND GUTTER - West 61st St., Forslin Drive to Hanson Road. BLACKTOPPING - West Shore Drive, W.7Oth Street to W.73rd Street. BLACKTOPPING - Cornelia Drive, W.66th Street to W.70th Street, ELECTION PERSONNEL COMPLIMENTED BY COUNCIL. its public vote of thanks to election judges and village personnel conducting the General-Village Election of November 4, was seconded by Kohler and carried. PUBLIC HEARING SCHEDULED ON PETITION FOR PERMIT FOR DOUBLE BUNGALOWS ON LOTS 1 AND 2, BLOCK 1, CLIFTON TERRACE. Planning Director Swanson presented the Planning Commission's favorable recommendation of November 5th on this petition; and Kohler's motion, scheduling Public Hearing on petition for Monday, December 8, was seconded by Bank and carried, Bank's motion that the Council give OSTMAN ADDITION PRELIMINARY PLAT APPROVED. Commission's approval of this Preliminary--a parcel of land on the East side of Olinger Road approximately 1,000 feet south of Highway No. 169; approval given November 5. Bank's motion, aceepting recommendation of Planning Commission and approving Preliminary Plat, was seconded by Kohler and carried, Mr. Swanson reported the Planning MIK'S ADDITION FINAL PLAT APPROVED. of November 5th was reviewed, and Bank moved for approval of final plat. Planning Commission's favorable recommendation Motion seconded by Dickson and carried, CODE AVENUE ADDITION FINAL PLAT APPROVED. This Final Plat, revised from the original plat, to consist of three lots fronting on Grove Street (instead of two lots facing Code Avenue and siding on Grove Street) had received the Planning Commission's November 5th recommendation for approval; and Bank moved for approval by Council, BROST ADDITION FINAL PLAT APPROVED. on+ Sherwood on the west, appr.oximately midway between Brittany Road and Normandale Road, and now consisting of three lots, with dwellings to face Brittany Road, carried Planning Commission's recommendation for approval, and Bank moved for approval by Council in accordance with Commission's recommendations. seconded by Dickson and carried. Motion seconded by Dickson and carried. This plat, revised to provide a half street I Motion HEIGHTS SECOND ADDITION FINAL PLAT APPROVED. facinq Galway Drive and W.68th Street, just east of County Road No. 39. The This plat consists of 26 lots Planning Coxrkssion's recommendation for approval, given November 5; and report that utilities and streets are in, were reviewed; and Bank moved for approval of Final Plat in accordance with Commission's recommendations. Motion seconded by Dickson and carried. PAYTON COURT FINAL PLAT APPROVED. for approval was reviewed; and Bank moved for approval in accordance with the Commission's recommendation. Later in the meeting, Trustee Tupa questioned the phrasing of the Planning Commission minutes, with regard to the Commission's having been informed of approval of the plat by Council before approval by Commission. reported that there had been no attempt made to by-pass regular channels to secure approval of final plat. VICTORSEN'S INTERLACHEN PRELIMINARY APPROVED. Dickson's motion, that Council concur in Planning Commission's recommendation of November 5, and approve pre- liminary plat subject to cul-de-sac's being enlarged, was seconded by Bank and carried. Planning Commission's November 5th recommendation Motion seconded by Dickson and carried, * Jk Jk * * Manager Hyde PUBLIC HEARING SCHEDULED FOR "HEIGHT OF BUILDINGS" AMENDMENT TO REGIONAL SHOPPING DISTRICT SECTION OF ZONING ORDINANCE. Planning Director Swanson presented his proposed amendment, explaining that it will permit buildings to be erectedkhin 100 feet of France Avenue at a height of 100 feet--a height commensurate with that of the medical building; whereas the original ordinance provides that, to be higher than 40 feet, with maximum height of 70 feet, the building must be at least 250 feet from the centerline of any public street. Mr. Crabbe stated that f 1/10/58 grej what is wanted is a provision which would allow application of the same rule as in the Medical Center, for France Avenue frontage; all that this does is to change the height and setback on France Avenue, where you have Medical and Shopping-Center on other side of street. that people in Southdale area be notified; and Bank moved that Public Hearing be scheduled for Monday, December 8, on proposed Ordinance. Motion seconded Tupa; carried, VE. Tupa inquired as to traffic flow. Kohler suggested PUBLIC HEARING SCHEDULED ON PROPOSED "DIVISION OF ONE PLATTED LOT INTO TWO WITHOUT FILING PLAT" AMENDhlENT TO OPEN DEVELOPMENT SECTION OF ZONING ORDINANCE. Attorney Hasselquist reported that, pursuant to direction from the Council at its last meeting, he had talked with Attorney Windhorst concerning this proposed amendment; that Mr. Windhorst feels it can do no harm; that Mr. Hasselquist feels it will be a great service because it will tend to decrease Registered Land Surveys. Bank moved that Public Hearing be scheduled for Monday, December 8, on this proposed amendment. Motion seconded by Tupa and carried. "SOUTHDALE OFFICE PARK TEkPORARY ROAD" QUESTIONED, Trustee Tupa inquired about the recent opening of a road through the Office Park to Valley View Road. Mr. Ed Braddock reported that this is a private road and will have to be maintained by 6outhdale; and hlr. Tupa questioned the propriety of this operation, because public use of the road, after a number of years, can cause the road to become a Village street, and because permits were not received from the Village for it. Mr. Braddock reported that it is only a temporary road, opened for the convenience of the GSA workers in getting home via Valley view Road; that the road had not been platted as part of the "Office Park" plat because developers were not sure where they wanted the road--and that they are not yet sure. He reported that the Village was anxious to secure a cross-over for the swimming pool, and that at the time the plat was filed developers could not match this cross-over and it was decided that this land should be left as an "outlot", and to be dedicated later and to match the cross-over if possible. the road will be dedicated in the near future, but that developers do not know, yet, just where it will be. the junction of the new road with Valley View Road, evinced his concern with traffic problems, and Mr. Braddock replied that no one can travel the road yet-- that it was still being built as of this evening. why an application had not been made to the Village for the new street, and 1.k. Braddock replied that the layout for the office area had shown the road going through, and that, therefore, he had been unaware that an application was warranted, He added that developers would like the matter of dedication for a permanent road to stay flexible for the time being; and that developers had talked with the County Engineers about this and they have approved of it; that there is not an official application before them because there is no curb cut. No action taken. Village Mr. waddock stated he feels sure Trustee Kohler, stating there is no-stop sign at Mr. Tupa asked Mr. Braddock - -I AMENDPENT TO ORDINANCE NO, 141 ADOPTED. amendment, stating he concurs in the police department's recommendation that it be adopted. Tupa offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Manager Hyde discussed the following ORDINANCE NO. 141-2 AN ORDINANCE REVISING SECTION 13 OF ORDINANCE NO. 141 OF THE VILLAGE, AS AMENDED, AND ADDING PROHIBITIONS AGAINST LARCENY, THE OBTAINING OF MONEY OR PROPERTY BY FRAUDULENT DRAFT, AND THE OBTAINING OF FOOD OR LODGING WITHOUT PAY!ENT against property or by performing (a) 620.52 (b) 620.55 (c) 621.28 (d) 621.25 (e) 621.52 (f) 621.33 (9) 621.34 (h): 621.42 (i) 621.30 (j) 621.31 (k) 621.27 (1) 616.26 (m) 620.41 (n) 622.01 (0) 622.03 (p) 327.07 THEREFOR THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: hereby further amended to read as follows: Section 1. Section 13 of Ordinance No. 141 of the Village, as amended, is "Section 13. Offenses Aqainst Property. No person shall commit an offense by violation of any of the following sections of Minnesota Statutes, any of the acts therein described: (false advertising) ; (false measure) ; (damaging public property); (destroying trees, etc.); (malicious mischief); (molesting public utilities); (defrauding public utilities) ; (defiance of no smoking signs); (molesting railway property) ; (trespassing on right of way); (breaking windows) ; (explosives) ; (issuing check against insufficient funds); (larceny, stealing); (obtaining money by fraudulent draft); and 327.08 (obtaining food, lodging or other accommodations without payment, with intent to defraud)." 27 f 1/10/58 Section 2. This ordinance shall be in full force and effect immediately I upon its passage and publication according to law. r Motion for waiver of second reading and adoption of Ordinance was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: Bank, aye; Dickson, aye; Kohler, aye; Tupa, aye; an exedesen, aye; and the Ordinance AT ST: was adopted. P 81 L:7&/dJ@Ad P.4 W Mayor billage Clerk , BLOCK-BY-BLOCK CENSUS DISCUSSED. Mayor Bredesen brought up the matter of the Twin Cities MetroDolitan Planninq Commission's advice that municipalities may secure a block-bi-block census b; paying a fee therefor--in Edina's case, about $1,650. rejected after it was learned that we can get the greater part of this infor- mation for from $50 to $75. Swanson corroborated this report by stating that photostats of census-takers' reports can be obtained for about $40 to $150; and that we can then run the statistics ourselves. Manager Hyde reported that this matter had been investigated and * * * * * Later in the meeting, Planning Director BUILDING PERMIT REFUND POLICY TO BE ESTABLISHED. Pre-List dated November 10, inquired about Claim No. 9640, to Garden City Trustee Kohler, referring to Construction Company, amount $1,912.00, for "refund on building permits". Manager Hyde reported that, inasmuch as Garden City Construction Company does not intend to build the type of apartments for which permits were taken, he had suggested that permits be voided to get them off our records, and the permit fee be refunded. Asked about Ordinance provisions for withbolding a part of the building permit fee for clerical charges, Attorney Hasselquist reported that the original building code made no provision €or making any refund of the permit fee; that, now, there is no provision for withholding any part of the fee. Mr. Kohler suggested that, inasmuch as these permits were issued only after the expenditure of considerable time by Village officials, as well as regular personnel, $50 be withheld from the refund,for fee. Mr. Robert Crabb, representing Garden City, agreed to give the Village a $50.00 check, to save the voiding of this present check; and this was satisfactory with Council. Then, after some discussion, Village Attorney was directed to draft an ordinance, providing for the withholding from any reEund for voided building permits the amount of $25..00 or 5% of original fee, whichever is greater. PORTION OF TURN-AROUND EASEMENT FOR HALIFAX LANE VACATED. that the owner of part of Lot 4 and all of Lot 5, South Ridge Addition has asked for vacation of the turn-around easement filed for Halifax Lane; that the Village no longer needs the easement because the street has been extended beyond the turn-around. He recommended vacation of that portion of Halifax Lane beyond the standard dedicated 50-foot right-of-way, on Lots 4 and 5 and Lots 7 and 6, South Ridge Addition, Hennepin County. vacated in accordance with Engineer's recommendations, was seconded by Tupa and carried. Engineer Zikan reported Kohler's motion that easement be BUILDING PERMIT HOLD ESTABLISHED FOR GASOLINE FILLING STATIONS. inquired as to how long the Council must wait for the proposed "filling station" amendment to the Zoning Ordinance; and it was reported that the Planning Commission has requested that the Minnesota Petroleum Council prepare a list of standards applicable to themselves. Manager be instructed to withhold permits for building gasoline filling stations until the proposed ordinance is completed. Motion seconded by Dickson and carried. Trustee Kohler Kohler then moved that the Village PARK DEPARTMENT USING DIRT FROM HWY. 169-HANSEN ROAD. Mr. Kohler, stating he had noticed the moving of dirt from the vicinity of Highway No. 169 and Hansen Road, inquired as to its use, and was informed that it is being used by the Park Department. "PARK BOND IMPROVEMENTS EXPENDITURES SUMMARY" FILED. €rom the Park Bond Fund, to October 31, 1958, was filed for Council information. A summary of expenditures R s$:$tion a proposed "Resolution Establishing Retirement Policy", stating he has checked with several municipalities on their policies; has also checked the ages of our present employees and finds there are now five men over 65 years of age; that one of them has indicated he wants to retire about March 1, and another may wish to retire soon, but that the rest have no plans for retirement. representative, Larkin McLellan, asked that the proposed policy be amended to a graduated scale, with retirement beginning possibly at 70 years for employees now in the older age group, and graduating downward each year, to 65. .MENT POLICY ESTABLISHED. Manager Hyde presented for the Council's con- Union Some 11/10/58 z8discussion was had on this; and Bank offered the following Resolution and moved its adoption : RESOLUTION ESTABLISHING RETIREMENT POL ICY WHEREAS, all Village Employees are included in the Public Employees Retirement Association, which is based upon providing a retirement pension at age 65; and fund; and able tax funds and are based on loss experience; and greater possibility of high loss experience and consequently higher premiums: Edina, that all employees shall be retired upon reaching the age of 65, or, if additional pension benefits will accrue, upon the first anniversary date of P.E.R.A. membership after their 65th birthday. years of age or older at the time this resolution is passed, shall be retired within six months of date of passage of this resolution, or, if additional pension benefits will accrue, upon the first anniversary date of P.E.R.A. membership which succeeds the passage of this Resolution. WHEREAS, the village now contributes a substantial sum to the retirement IVHEREAS, premiums €or workmen's compensation insurance require consider- WHEREAS, the continued employment of older personnel results in a NO;ll, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Any employee who is 65 CLAIMS PAID: Bank's motion, €or payment of the following Claims, as per. Pre-List dated November 10, was seconded by Dickson and carried: GENERAL FUND - $41,095.07 PARK & PARK CONST. FUND - $866.18 CONST. FUND 2,020.70 SEWER RENTAL FUND 258 . 42 WATERWORKS FUND 485 . 80 POOR FUND 233 58 LIQUOR FUND 26,882.79 TOTAL ' $713842.54 Dickson's motion for adjournment was seconded by Kohler and carried. Meeting asjourned at 10:15 PORIo