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HomeMy WebLinkAbout19601128_regular11/28/60 229 MINUTES OF THE REGULARMEETING COUNCIL, HELD MONDAY, NOVEMBER AT THE EDINA VILLAGE OF THE EDINA VILLAGE 28, 1960 AT 7:OO P.M., HALL i' Nembers answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Mayor Pro Tern Diclcson presided until Mayor Bredesen entered the meeting, and after he v7as excused therefrom, all as hereinafter recorded. MINUTES of the Regular Meeting of November 14, 1960, were approved as submitted, by motion VanValkenburg, seconded by Beim and carried. PUBLIC EEARING ON PROPOSED STORM SEWER IN LESLEE LANE-KAYMAR DRIVE AREA. Affidavit of Publication of Notice of Hearing in Edina-Morningside Courier on November 17 and 24, 1960, was presented, approved as to form, and ordered placed on file. Pursuant to said Notice, Public Hearing was conducted, and action v7as taken as hereinafter recorded. sewer, and the area proposed to be assessed therefor--which area included certain lots in Block 2, Valley Park Addition and in Block 1, Jones' koll Addition. Manager Hyde told the audience that when Valley Park subdivision was originally platted there was a minimum amount of pipe put in the streets at a cost of $3,700; that the reason a complete job ~a7as not done at this time was that the Leslee Lane area had not yet been platted; that because of the small amount of construction done in 1953 by Valley Park developers the Valley Park and Jones Knoll area had not been included in the area proposed to be assessed for this present project; but that upon a re-survey by the Consulting Engineers it had been detdrmined that this area will benefit by construction of the presently proposed system. entire area set forth in the Notice of Hearing as the area proposed to be assessed, on the following basis: $23,740.54. sewer, making a Total of $27,440.00 proposed to be assessed over an area of 804,000 Sq. Ft'. A credit would be given to those properties partially benefited by the original construction, to the extent of $.00889 per square foot, making estimated assessable cost to these property owners of $.02523, with an estimated "cost of $.034 td the balance of the area. Nr. Freeman, owner of Lot 13 abutting Leslee Lane, told Council he believes that if Lot 12 is filled the line between -Lots 11 and 12 north of Leslee Lane can be deleted from the improvement. Minder of Suburban Engineering Company, Consulting Engineers, reported that this has been investigated; that in order to eliminate this stub.there should be fill in Lots 11, 12 and 13 abutting.Lesslee Lane and Lots 1, 2 and 4 abueting Saxony Road; that the home on Lot 11 has been. constructed in such a way that' the lot must be kept low br the house re-constructed. Mr. Ken Luce, owner of Lots 1, 2 and 3 abutting Saxony Road, explained he is now filling Lot 1; that this cost will run to some $800. Mr. Minder estimated cost of stub at "about $l,OOQ", and Mr. Freeman withdrew his suggestion.. Mr.. Bruce Yund, owner of LOES 11 and 12 abutting Eeslee Lane, repoxted he purchased his lots with grade as is; that he feels it would be unjust to require him to fill lots to provide drainage. for the area to the North., Mr. George O'Dowd, owner of Lot 4, south of Kaymak Drive, objected to the Valley Park's area being included at this time, and inquired as to what caused the re-kurvey. He was informed by Mr. Howard Lindow, 6001 Leslee Lane, that one of the owners in this particular area had felt the area should be included and had so reported. the rear of Lots 3 and 4 on the South side of Kaymar Drive; that if this area to drain this pond. I across a vacant lot into Kaymar Drive; that this ponding-can be corrected by the proper grading requirements by the Village. Some discussion was had on this; and a gentleman who stated he.is the owner of all the now-vacant lots in Block 2, Valley Park, stated the lots will be graded to thQ rear, and if possible to Lot 2, but that he feels there is too much water from these thirteen lots in the block to be carried across Block 2 on the surface. Council approves a stub line south of Kaymar Drive, it should be on an easement between Lots 2 and 3; that such.a stub would cost between $1,200 and $1,500. Nessrs. Hartnett and Poboisk, owner of Lots 5 and 6, south of Kaymar Drive, objected to paying for any part of the system except that part into which their water drained directly (the Kaymar Drive portion). to their area. objected that his lot receives no benefit. his lot drains to Jeffrey Lane, thence to Leslee Lane where it will be picked up by storm sewer. The policy of assessing.lots whose rain water contributes to drainage problem was reviewed by Manager Hyde. drainage from Lots 2 and 3 on Saxony Road runs west; does not run to this proposed system. Nr. Minder reported that survey shows that some of this water does drain to presently proposed system. In reply to the objections registered by Nessrs. Hartnett and Poboisk, Mr. Minder stated that an assessment such as they would Clerk reported the mailing of Notice to affected property opmers. Vu-Graph Slide was shown of the proposed route of the He stated that it is now proposed to include the Total Estimated Cost: of proposed project is To this Estimate is added the $3,700 cost of the original storm Nr. Mr. O'Dowd then reported that there is a pond at in the assessable district he feels provision should be made .is to be included Mr. Minder reported that at present this water drains Mr. Minder suggested that if They suggested further credit Mr. Don Bentley, ot;mer of Lot 3 facing Jeffrey Lane on the south, Ife was informed that storm water from Mr. Ken Luce told Council that $30 I 11/28/60 like is ahost impossmle to maIte--that it would mean a different assessment for the properties drqiQing t7ater into each separate manhole--and that it wouldn't be as equitable an assessment as that not7 proposed. Trustee Beim, stating that he feels instaiiatiGTtaf ~gcp&-&~ igggg&att drain an area, rather than piece- meal constwction,/is the most equitable s6fution to a serious probkm, offered the following Resolution and Inoved its adoption: IU3SOLUTIOll ORDERING Il€PROVDlEN% STOKM SWER I$LPROVE" NO. 58 BE IT RESOLVED by rhe Council of the Village of Euina, Ninnesota, that this Council heretofore caused notice of.hearing to be duly published on the proposed storm sewer improvement hereinaiter set forth; 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 beins fully advised of the pertinent facts does hereby determine that it is necessary and in the best interests of the Village to provide a storm se~7er system which mill serve the entire area included in .the published Notice of Hearing on the proposed iqrovemznt ; and does hereby conclude that all of the property within such area will be benefited by the installation of the proposed storm sever system and an addition thereto to drain the rear of the lots in Block '2, Valley Park; and does hereby determine to proceed with the construction of said improvement as follows : 1. Starting at a point on Blake Iioad vhich is 426 feet south of the centerline of Kaymar Drive; thence north a distance o€ 215 feet; 2. Also, starting at a point on Raymar Drive which is 125 feet east of centerline of Blake Road; thence northeasterly to Jeffrey Lane; thence northwesterly on Jeffrey Lane to a point ~7hichis 65 feet east of centerline of Leslee Lane and 5 feet north of south line of Lot 1,BloCk 1, Les Anderson's Highwood Second Addn.; thence easterly and parallel to said south line of said Block 1, to its inter- section with east line of Lot 3 in said Block 1; thence north to northeast corner of said Lot 3; thence northwesterly to southeast corner of Lot 12 in said Block I; 3. Also, starting at a point vhich is 65 feet east of the centerline of Leslee Lane and 5 feet north oE south line of Lot 1, Block 1, Les Anderson's Iiighvood Second Addn.; thence westerly to Leslee Lane; and 4. or Lots 3 and 4-, Block 2, Valley Via7 Park, to drain the rear lots in said Block 2; and the area to be specially assessed therefor shall be as follo.c7s: A11 lpts and tracts of land within the following described boundaries: "Begin. at intersection of centerline of Kaymar Dr. and Blake Rd.; th. N. to intersection of centerline of Blake Rd. and Jef€rey Lane; th. E. along centerline of Jeffrey Lane to a pt. 65 Ft. T7. of centerline of Leslee Lane; th. N. to NE Cor. of Lot 15, B1. 1, Les Anderson's Highwood Second Addn.; th. E. to S7 Cor. of Lot 3, B1. 3, Lude High- wood Addn.; th. 11. along 17. line of said Lot 3 to a pt. which is 75 Ft. S. of centerline of Saxony Rd.; th. E. and parallel with centerline of Saxony Rd. to a pt. in B. line of Lot 1 o€ said B1. 3; th. N. along W. line of said Lot 1 and its Nly extension to centerline of Saxony Rd..; th.. Ely along said centerline to its intersection with Nly extension of E. line to Lot 2, Bl. 2, Les Anderson's IGgh- wood Addn.; th. S. to SE Cor. of said Lot 2; th. E. along N. line of Lot 8, B1. 1, Les Anderson's EEghwood Second Addn. to a pt. which is 75 Ft. 17.. of centerline of West Highwood Dr.; th. SEly and parallel ~7ith centerlihe of Vest IIighv7ood Dr. to its intersection with 5. 1ine.of Lot 6, B1. 1, Les Anderson's Second Addn.; th, E. to a pt. in 11. line of Lot 15, B1. 3, Valley Park, which is 80 Ft. 1.7, of centerline of Highwood Dr.; th. S. and parallel ~7ith said centerline of Highwood Dr. to its ee~~er3~~eintersectio~ with N. line of Lot 11, B1. 3, Valley Park; th. SVly to El Cor. of said Lot 11; th. Nlly to a pt, in SF7 Cor. of said Lot 11; th. Nt7ly to a pt. in N. line of Lot 10 of said 131. 3, Valley Park, said pt. being 80 Ft. E. of center- line of Kaymar Dr.; th. 17. along the last described north line and its 17ly extension to centerline of Kayruar Dr.; th. N., N[.Jly and S171y along centerline of said Kaymar Dr. to pt. of beginning;'' and also Lots 1 through 13, Bl. 2, Valley Park Addn. and Lots 1 through 7, Block I, Jones' I31011 Addn. I CONSTRUCTION OF VILLAGE STORII SJ37ER AND APPURTENANCES IN THE FOLLOTIIKG : thence north along east line of said Lot 12 a distance of 140 feet; -. An additional line running on an easement line betwen Lots 2 and 3, Block 2, I Xotion for adoption of the Resolution was vere four ayes and no nays, as follot7s; VanVdBenburg, aye; and the Resolution -Village Clerk T.lhYOR BREDESEI? entered the meeting at this later time as recorded in these minutes. time, and presided thereover until a 11/28/60 PUBLIC HEARING ON PETITION FOR REZONING FROPI "OPEN DEVELOPMENT DISTRICT" TO '3 '%ULTIPLE RESIDENCE DISTRICT" OF THAT PART OF LOT 22, BLOCK 2, PEACEDALE AGRES LYING BETVEEN W.62ND STREET AHD VALLEY VIE34 ROAD. reported that after fhe November 14th Council Neeting an error had been discovered in the Notice of Hearing; and that because of this a new Hearing had been scheduled and a corrected Notice mailed. He reported to Council that a Public Hearing had been held OR this petition some time ago; that because of objection by the property owners the petition had been denied by the Council; that petitioner, Randolph Hippe., had subsequently presented an'assenting petition which indicated that at least some of the objectors had changed their' minds--and that it was on the basis of this latter petition that a new Hearing had been scheduled. recommends the proposed five-plex for the property under consideration. A detailed construction plan was presented, showing elevations and floor plan; and Mr. Hippe told Council there will be garage space in the building for one car per unit, and space for more vehicles hn the grounds. that telephone calls today have eliminated residents at 6133 and 6141 Brookview Avenue &om the assenting petition. Mr. Jerome Gregersen, 6144 Brookview Ave., led a delegation of four neighbors protesting the rezoning. 6317 Brookview and J. E. Pauly, 6224 Brookview, were in the delegation. Objectors told Council .that the five-plex wou,ld devaluate their propert-ies ; that this would be rental property and would not be taken care of in the same manner as owner-occupied properties; that they feel this is a residential area and should stay that way; that they will assent to two doGble bungalows on this tract because they feel that each bungalow k70Uld be owner-occupied. Gregcrson told Council that apartments are many times rented to grdups of single men or women, eqch of whom drives a car; that in this case the parking problem could become acute. My. Pauly evinced his concern about the property to the south of Valley View Road, and vas info-med that this is now zoned for single 2esidence and that additional Hearing st~ould have to be held before any rezoning could take place. Petitioner Hippe told Council that he qpects to rent his apartments for at least $185 per month; feels this would exclude undesirable renters; that, should doubles be built on the tract they would have to be small buildings, renting for 1$ss than the five-plex apartments. Inquiry was made as to use of the "triangle" across Broolcview from Plr. 'rlippe's tract. that the Village has utilities easements across it. FIX. Gregerson objected to any plan to make this .a parking lot for Nr. Iiippe's establishment, or to push Brookview Avenue westward, and was informed that this matter is not under consideration at this time. Objectors had presented a substantial petition in objection to the proposed rezoning. This petition k7as checked by Council, and it was noted that many of the names contained therein are outside the 500-foot radius generally considered as being affected by change in zoning. Dickson , after-stating he feels that due consideration of this matter has been given by the Planning Commission before its recommendation for rezoning, offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Planning Director Hite Mr. Rite t.old Council that the Planning Commission Mr, Hite reported I Messrs. W.A.Bing, P4r. c-4 58 Er. Hite told Council that trkangle is too small to contain a structure; Trustee ORDINANCE NO. 261-58 AN ORDINANCE &ENDING TKE ZONING ORDINmCE OF EDINA BY ESTABLISTrIING ADDITIONAL NULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 4, Nultiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4- additional sub-paragraph as fo~lo~7s : Section 1. "(i) That part of Lot 22, Block 2, Peacedale Acres lying between Section 2. This Ordinance shall be in full force and effect from and after . W.62nd St. and Valley View Road. its passage and publication. Ilotion for waiver of second reading and adoption of Ordinance as submitted was Beim, aye; Dickson, aye; Tupa, aye; VanValk the Ordinance was adop,ted. . seconded by Beim, and on Rollcall there were f fE@IIIf;lG CONTINUED TO DECEPBER 12 ON PETITION OF MRS. RUTH JOINSON FOB PEFJ4IT TO PLAT LOT 17, BLOCK 1, PEACEDALE ACRES. Mr. Hite reported request Zor continuance to December 12, to permit negotiations to continue for purchase by Nrs. Johnson of "Outlot A" from Mr. Don McClellan, and Beim so moved. Notion seconded by Diclcson and carried. 11/28/60 coh3xciL ~ATS EEIGIDOPS :Jim3 mGim TO ROUSE KOVED TO 421 mmm~ ST. A delegation 05 four oimers of neighboring properties told Council they object to the Village's alloving TIr. I.iilo Pokomy to move a d;relling onto this site, because said dmlling iS not of a value comacnsurate with the value of their homzs. letter setting forth 1.k. Pokorny's verbal comnitnants to them as to his plans for iqrovement of the premises (beins addition of dormzrs, a double garage, an iqroved Sront entrance, sun porch, and brick veneer front), asking that tlie Council obtain far them Kr. Poko-my ' s assurance that these improvcmants ~72.11 be accomplished. Xr. Poliomy told Council that lie has met all the requiremznts made by the Villaze under the Ordinance (Eo.52A) by the filing of a bond for the painting of the exterior ad the repair of the roo5; and that while he does ~7ant and intend to mke the iqroveaznts set forth in the objectors' letterS he does feel that he should not'be required to make a firm codtmznt on them. 6512 Xaloney Avenue, vho led the delegation, told Council he and his neighbors feel "Lhat insufficient consideration has been given to this matter by the of€icial in charge of granting the permit. 24r. George Hite told Council he had inspected the dwelling and its site before the permit ~7as issued and that, in his opinion, the*house has Eerie and is oe a character with. those in the neighborhood.kTr. Polcorny ad'ded' that there is a home almost esactly like his just a block down on Arthur St.' grievances of the objectors, and Elr. Polrorny's statements. gation there is no ray the Council can force the mover to make the iqrovenznts requested, advising I&. Polcorny at the same time that if he or his brother espect to be happy in the neighborhood it is probably wisest to conply with neighborhood requests.' Hr." Hite reported that Hr. Polcorny had also made some of these verbal promises to him, and suggested that Council review this matter in the spring. Council asked that objectors mait until Hay 15 to give f4r. Polcorny a chance to perform on his promises, before asking for review. They presented a llr. Harold E. Johnson, There 17as an hour's discussion on the tern of the ordinance, the Council told dele- PRANCE AVENUE PAVIKG ASSESSIEN'I' UECISIOH TO BE APPEALED. against the Village on the France Avenue Paving Assessment 77as discussed, ~7ith the Council in accord that decision be appealed. to proceed by securing a transcript of the case for a preliminary to revieir aith Judge'hderson, and Beim nroved that Nr. Hasselquist's request be granted. seconded by Dickson and carried. Judge Anderson's decision Nr. Hasselquist asked for authority Hotion ON AND OFF-SALE BEER LICENSES GRANTED TO EIRS. IW!21IT DAHN, FOR BROIJN DERBY CAFE. Attorney Eosmer Brotm appealed to Council on behalf of llrs. ICermit Dahm, v7ife of the former proprietor of the Erotm Derby Cafe, for On-sale and Off-sale Licenses €or Beer. husband's death, not hOV7ing that a license transfer is necessary. that the licenses be granted at no fee or half fee; and Diclrson moved that licenses be granted, at'half fee, subject to favorable police investigation and compliance by Decem3er 31 ~ith requirements set Zorth by Village Sanitarian. by Beim and carried. Ha explained that FIrs. Dahm had been operating the Ca€e after her He asked . Notion seconded COXDEMI?ATION AUTHORIZED FOR UTILITIES EASENXNTS ACROSS PEARCE LAND. Some discussion vas had relative to the necessity €or condemnation of utilities across the land otmed by 14iss Katherine and Elizabeth Pearce, relative to the more detailed dis- cussion held November 14; and Beim moved that l.fayor, Manager and Attorney be authorized to do all things necessary to initiate these easemmts. VALUATIONS INVESTIGA'fION REPORTED BY ASSESSOR. on the results, so far, of the Valuations Investigation authorized by the Council. condemnation proceedings for Notion seconded by Dickson and carried. Assessor Kearns reported briefly IlR. BREDESEN ~7as excused from the meeting at this time, because of illness in his family, and Nayor Pro Tem Dickson presided for the balance of the meeting. IHPROVBENT PETITIOXVS ACCEPTED. and Tupa moved for their acceptance and reference to the Village Engineer for p rogramning : The following Improvement Petitions were presented, CURB AND GUTTER for IJoodcrest Drive - filed by Nr. Lehan H. Hamlin, No. 5505. GRADIKG AND GMVELING - W.7Gth St., Xerxes Ave. to France ;We. OILING - Ashcroft Ave., 17.60th St. to Valley View Rd. OILING - Beard OILING - Varren Ave., Valley Vie97 Rd. to 8.64th St. Place, Beard Ave, to T.7.62nd St.; 11.62nd St., Chowen to Beard, and 17.62nd St., Chonen to Ihing. Xotion 17.788 secondea by Beim and carried. PUBLIC HEALTH NUki5iKG REPORT. FOR OCTOBER, 1960, ~7as submitted, reviewed, and ordered placed on file. 11/28/60 SMITH AMBULANCE SERVICE' GIGT TO FX~E IIEPARTMENT ACCEPTED WITH THANKS. lianager '% c Hyde reported to the Council that the,Edina Fire Department has been the recipient of a gift from Smith Ambulance Service of a Sebert-Ford truck (Motor No. 98RC422171) for their exclusive use as a ligHt Rescue Unit in the Village. Beim's motion that this gift be accepted by the Council on behalf of the Fire Department, and that Manager be directed to convey to Smith Ambulance Service the Council's appreciation for it, ~7as seconded by Tupa and unanimously carried. .. BEER LICENSES-GRANTED FOR VALLEY VIEW GROCERY AND EDINA BOWLING CENTER. Applications for Licenses to Sell Beer were presented as follows : Ave. (tormerly Horner's Corner) - Ott-Sale License. dba Edina Bowling Center, 5030 France Ave; - On-sale and Off-sale License. Tupa's motion, that licenses be granted to these applicants, subject to favorable police investigation and compliance by January 1 with recommendations a% Village Sanitarian. JOHN P. DAVIS, 6421 Tingdale Ave. dba Valley View Grocery,6137 ICellogg LOUIS A. JOHNSON, 5912 Oxzord Ave. and JOHN A. FORCHAS, 2939 Toledo.Ave., Motion seconded by VanValkenburg and carried. EDINA-HOPICINS BOUNDARY CHANGE APPROVED, FRO14 BLAKE ROAD TO E. LINE OF SEC. 30, TOWNSHIP 117, RANGE 21 (INTERLACHEN ROAD IN HOPKINS) . Planning Director Hit@ presented a plan showing what is desired, being as fo~~ows: Edina now has otmership of a 4.0-foot Right-of-way €or "Spruce Road", which abuts a 75-foot strip of old Streetcar Right-of-way within the Edina Village Limits, but which is actually otmed by Hopkins. At the north of this 75-foot strip lies a 20- foot street, in Hopkins. Hopkins proposes to vacate its 20-foot road to the north of the Streetcar Right-of-way, and add this property to its 75-foot strip of Streetcar right-of-way; then to dedicate a 20-foot strip at the south of the Streetcar purposes. Road, the south 4.0 feet of which would be in Edina. It would enable Hoplcins to plat 75-foot lots facing its North-South streets. would be that the North-South streets would not be cut through to the ne~7 Spruce Road, but would dead-end in the newly platted lots. North Boundary Line b7OUld be moved south 75 feet; thsre would be a 60-foot right-of-way for Spruce Road, which would be maintained jointly by Hopkins- Edina, the south 40 feet of which would be in Edina. Mr. Hite told Council that this boundary change is recommended, with the understanding that the drainage from the proposed plat is not into Edina, and that Hoplcins provide Edina with storm sewer capacity for drainage of the area to the south of Spruce Road, as set forth in another study. is necessary, by both Hopkins and Edina, to accomplish such boundary change; and Beim moved that Village Attorney be directed to prepare the proper ordinance €or action by the Council. carried. property (abutting Edina's Spruce Road) for street This P70Uld make a "border road" of 60-feet in width for Spruce The understanding In effect, Edina's It was reported that an Ordinance Motion seconded by Tupa and unanimously STORM SEPJER FOR WHITE OAKS PROHIBITIVELY HIGH. Manager Hyde reported to the Council that Consulting Engineers have made a survey of a storm sewer to drain the White Oaks area, as petitioned by Mr. James Grzeskowiak, 4.600 Meadov~ Road and others May 7, 1959, and by the I;kite Oaks Improvement Association September 30, 1959; that the Estimate of Cost is even higher than anticipated, totalling 10~ per square foot for residential properties and 20C per square foot for commercial properties. project be abandoned because of the prohibit5vely high cost and the very large area proposed to be assessed. recommendation, but directed him to present the problem to the petitioners for their opinions before any firm action is taken. He recommended that the Council was in accord with Manager's STORPI SEt7ER TO DRAIN REAR LOTS AT 66TH AND NAOMI DRIVE TO BE RE-STUDIED. Manager reported to Council that Consulting Engineer's plans and estimates show this as another storm sewer it will be almost impossible to construct; that drainage must go to Nine-Mile Creek because of the soil conditions in the pond behind Circle Drive, which are such that a great deal of excavation would be needed to hold additional water, without guarantee that pond would not overflow; that cost is not as great to construct line to Pond, but that Consulting Engineers do not recommend this as a solution because it ~7ould be temporary, at best; that the only acute problem is experienced by four lots, where contractor constructed walk-in basements. It v7as pointed out that, for the benefit of the entire area something should be done bring relief to these lots; that if land is filled basements will be shut off, and there will be no space for garages. Village Engineer ?il:an suggested a temporary ponding arrangement (for water from very heavy rains) be made in Normandale Park, and it was decided that this possibility should be studied before project is entirely abandoned. 11/25/60 , STORfS SE7EB EASIi3IZUT PURCi3ASE AUTHORIZED. that the Village nay be able to purchase an easement over "the Easterly 3.2 Ft. of Lot 3, Block 1, Sniley's Addition" for Storm Sewer purposes, for $204, without condemnation as authorized. Re recommended purchase, and Dfckson aoved that it be approved. Xotion seconded by Eeim and carried. Easement is for part of Storm Sewer Hain No. 2 (Storm Sewer Improvement 80. 52) and will be purchased from Hrs. A. C. Smiley. Dickson's motion authorizing purchase was carried. Village Attorney Hasselquist reported COUNCIL .-ASKS STATE TO INST&L IJATEREIAIN UNDER HIGIWAY #loo, AT 6.1 .GL:.TII STREET. Engineer Zifcan ehTlained that, in the plans approved by the Council for the construction of High~~ay No, 100 between 94th St. and Valley View Road, provision had not been made for the relocation of the Watennain now running ];etween U.62nd and t7.64th St, in Shemood Avenue; that,construction of the highway will cut the main-off at the Crosstoym, and that ifithout a line running under ;he Highwa9 from Josephine to Shemood Ave. at ??,64th St. it will be impossible to serve the south-of-Crosstown portion area. He told Council that Highway officials had agreed to install the required main under Highway #loo, and asked that Council go on record as requesting it. VanValkenburg offered the following Resolution 2nd moved its adoption: RESOLUTION REQUESTING INSTALLATIOX OF I$&E3B-L4IN UNDER TRUNK HIGWAY NO. 100 FROX JOSEPHINE AVE. TO SHERf7OOD AVE. f.IHEIGAS, on September 26, 1960, the Edipa Village Council by Resolution duly adopted, approved '*Plans and Specifications for Grading, Base and Surfacing, Trunk Higliway No. 100-130 between 'IJ.64th St. and Valley View Road"; and I'IREREAS, said approval was given pursuant to an understanding that certain unresolved problems relative to the re-location, removal, and lowering of a watermain in Shemood Avenue betveen V.62nd and W.64tb Streets would be resolved prior to actual work; and WlBR%AS, it becomes necessary to construct and re-locate a pare of said watermain by installation of a ne57 line in V.G4th St. between Josephine and Shemood Avenue under Eigliway No. 100-130, in order to provide continuity in the waternain system of glia Village; 1403, TI'f%EEFO?U, 8% IT RESOLVED by the Village Council of the Village of Edina, that chis Council request the State Nigliway Department to malie tha changes necessary and as agreed upon between the State Xghway D.=partmnt and the Village ol" Zdina eo provide continuity in the ~7ater system and service to the area on the East side of State Righway No. 100 and South of the Grosstown Ugliway, by installation of the aioxemmtioned line. PAFGKIKG RESTRICTIOBS ESTMLISI--I%'D FOR TRACY AVJ~NUE AND WHITING STREET. 1-Ir. Zikan rednded Council that the usual resolution establishing parking restrictions for Kunicipal State Aid Streets .has not yet been adopted sith regard to the Tracy- Whiting Project; and Dzim offered the following Resolution and moved its adoption: RESOLUTIW AUTHORIZIEG EXECUTIoi? OF L%REBIENP BETUEEN '72% VILLAGZ OF EDIPJA AND CO3fl*fISSIONER OF HIG?NAYS, STATE OF T.IIPJNESOTA BHEREAS, the Commissioner of Highways of the State of Ninnesota has subisitteed to the Village Council for execution, an agreement relating to restriction of parking on those streets 'and avenues vherein Municipal State in improving said streets and avenues, Not?, BE IT F3SOLWD by the Village Council of the Village of Edina, that kthe l4ayor and Village Clerk are hereby authorized and directed to execute for and on behalf of and in the name of the Village of Edina an agreement between the Village and the Commissioner of Highways wherein the Village agrees to restrict parking to one side of each 05 the following streets: Aid funds are used TRACY AVENUE, from a point 150 feet south of the south right-of-way VHITING STREET from Tracy Avenue to Valley Vim7 Road. of Benton Avenue (extending easterly) to Whiting Street; and Hotion for adoption of Resolution ~7as seconded by VanValIrenbuz, and on Rollcall there were four ayes and no nays, as fcdlows : Beim, aye; Tu&, ayv? VanValkenburg, . aye; and Dickson, aye; and the Resolution 17as ' $Ia$or Pko Tem 11/28/60 P -I STAUDER CIRCLG VACATION RESOLUTION AMENLED. letter fromHr. T.S. Erickson of the Dorsey, Owen office, explaining that record cannot be made of the description of that portion of Stauder Circle vacated by Council Resolution dated September 12, and asking that new legal description be substituted to describe same portion of street be substitutedj; and VanValkenburg of%ered the follot7ing Resolution and moved its adoption: RESOLUTION VACATING STREET (PORTION OF STAUDER CIRCLE) Planning Director Hite presented 1Wi3FtEASY a majority of the owners of the land abutting on that portion of Stauder Circle h'ereinafter 'described in this Resolution have petitioned for the Vacation of sais street; and 1713EMAS, two ~~elts' published notice and posted notice of a hearing to be had on said petition on September 12, 1960, at 7:OO P.K, has been given and made, and a hearing thereon has been had by the Village Council: Hennepin County, Minnesota that: NOTJ, TIEREFORE, BE IT WSOLVED by the Village Council of the Village of Edina, "Al'l that portion of Stauder Circle as laid out and platted in "Parkwood T(nolls", according to the map or plat thereof on file or of record in the office of the Register of Deeds, Hmnepin County, Minnesota, lying Easterly of the following described line to wit: of Lot 6, Block 5, in said "Parlwood I(n01ls~~, thence Easterly along the Southerly line of said Lot 6, a distance of 106.44 feet to the actual point of beginning of the line to be described, thence Southeasterly along a tangential curve to the right with a radius of 105 Eeet a distance of 130.14 feet to the Southerly line of said Stauder Circle and there terminating " Commencing at the Southwest corner shall be and hereby is vacated. Hotion for adoption of Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Beim, ay rg, aye; and Dickson, aye; and the Resolution was adopted ATg ST : v , $fayor Pro Tem HOUSE-TO-HOUSE '%REEN RIVER" ORDINANCE AIENDED BY ADDING PROHIEITION OF/SOLICITATION FOR SERVICES. Pursuant to recent direction by Council, Attorney Hasselquist presented draft oE an amendment to the "Green River" Ordinance , which includes prohibition of house-to- house solicitation for sale of services, as well as goods. following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Tupa offered the ORDINANCE NO. lE2A AN ORDINMICE FORBIDDING DOOR- TO-DOOR SOLICITATIOI? PJITHOUT INVITATION TNE; VILL-AGE COUNCIL OF THE VILLAGE OF EDINA, lXU.?NESOTA, ORDAINS: Section 1. The practice of going in and upon private residences in the Village by solicitors, peddlers, hawkers, itinerant merchants and transient vendors, not having been requested or invited so to do by the owner or 017ncrs, occupant or occupants of such private residences, for the pu-qose of selling or soliciting orders for the sale of goods, wares, merchandise, or services of any kind, is hereby declared to be a nuisance, and punishable as such by a fine of not to exceed $100 or imprisonment for a period of not to esceed 90 days, with costs of prosecution in either case. Section 2. Section 3. Ordinance No. 182 of the Village is hereby repealed. This ordinance shall become effective upon its passage and .. publication according to law. Notion for waiver of second reading and adoption of Ordinance as submitted, was seconded by VanValkenburg, and on Rollcall there were four ayes and no nays, as Ordinanci v7as adoptdd. fo~~ows: Beim, aye; Tupa, aye; VanValkenburg, hayor Pro Tem CLAIMS PAID: dated November 28, 1960:General Fund, $4.0,199.14; Construction Fund, $769,223.65; Park & Park Const. & Swim Pool, $10,037.76; 17aterworlcs Fund, $3,091.70; Liquor Fund, $80,919.78; Sewer Rental Fund, $603.29; Improvement Funds, $50,705.63--TotalY $954,791.18 -- and for payment of additional claim in amount of $30,000 to %stow Corp. €or Purchase of Tract A., Registered Land Survey No. 938 for Park Purposes-- t7as seconded by VanValkenburg and carried. The evening ' s business having been covered, Eeim seconded by Tupa, carried. Adjournment 11:05 P.11. Tupa's motion for payment of the following Claims, as per Pre-List