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HomeMy WebLinkAbout19610227_regular2/27/61 MINUTES OF THE REGULARMEETING OF THE EDINA VXLLWE COU??CIL, -HELD MONDAY, - FEBRUAJ$Y 27, 196 1, e. 7 :OO P.M. , .AT THE .EDINA VILLAGE WL. Members answering Rollcall were Dickson, ' Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of February 13, 1961, were approved as submitted, by motion Dickson, seconded by Tupa and carried, PUBLIC HEARING ON PROPOSED STORM SEWER IN WEST WOODLAND ROAD FROM WOODDALE AVENUE TO 281 FT. WEST; AND IN EASEMENT LINE BETWEEN LOTS 3 AND 4, BLOCK 1, PAUL WIND CHRISTO- PHER SECOND ADDITION FROMWEST WOODLAND ROAD TO 205.35 FT. NORTH: THENCE WEST ALONG EASEMENT LINE 193 FT. gave Estimated Cost of proposed improvement at $9,341.64, proposed to be assessed against 103,829 Square Feet for $.09 per Square Foot. The lots facing Tower Street had been platted for a number of years they had not been improved by buildings until recently because the area had been swamp; that the houses facing West Woodland Road had been built before'the houses facing Tower; and that when the lots facing Tower Street were filled, water pocketed in the back yards of the properties facing West Woodland Road. a petition signed by owners of all but three of the affected lots, protesting the proposed improvemenf. Mr. Val. M. Parker, 4521 Tower Street, supported the petition, which stated in part, "The Village code of Edina states each property owuer is responsible for water drainage of their property and drainage should be to the street". in the Village ordinances; that there is some definite question as to whether the Village does have the authority to control back yard drainage. This was confirmed by Attorney Hasselquist, who stated that the Village can and has made provision that lots must ha*e certain elevation at the street lot, so that homes may be connected to sewer snd water, but that the Statute is silent on back yard eleuations; that the Village has no legal responsibility to property owners to eliminate their back yard drainage problems. Mr. D. C. Gramling, 4516 West Woodland Road, showed the Council pictures of stormwater standing in the back yards, saying he and his neighbors had no trouble until the Tower lots were filled; that he believes there is a responsibility, here, whether it be that of the Village or that of the owners of the filled properties. Avenue contractors have offered to fill in the backyards of the West Woodland Road properties at a cost of from $300 to $400 a lot (which, in most cases would be less expensive the cost of the storm sewer), Manager Hyde suggested that this Public Hearing be continued until a meeting could be arranged between the Village Engineering Department, the petitioning property owners, and the contractors who had made this offer. Mr. Gramling protested that if his lot is filled, water will still stand in the Tower Street backyards. the Tower Street contractors, Oscar Haney, has solved the same type of problem on W.56th Street. time as meeting of affected property owners has been had, in accordance with Manager's suggestion. scheduled for either last part of this week or first part of next. discussion, it was pointed out by Engineer Zikan that water froma the properties in the assessable district (both the West Woodland Road and the Tower Street properties) adds to the problem. Vu-Graph Slide was shown by Village Engineer, and Manager He told Council that although Mr. Hyde reported receipt of Manager Hyde told audience that he knows of no such statement Because the opposing petition had stated that the Tower I Mr. Parker told Council that one of Dickson's motion, that Public Hearing be continued until such Motion seconded by Tupa and carried. Meeting was tentatively During the PUBLIC HEARING ON PROPOSED STREET NAME CHANGE--"LINK AVENUE" TO "HARVEY LANE". Affidavit of Publication of Wotice of Hearing" in Edina-Morningside Courier on February 16 and 23, 1961, was submitted, approved as to form and ordered placed on file, as was Affidavit of Mailing. Pursuant to said Notice, Public Hearing was conducted on petition for change of the name of "Link Avenue" to "Harvey Lane", as a memorial to Mr. Harvey Dean, an early resident of Brookview Heights. It was noted that there are no homes facing this short street; that petition is unanimous, by owners of all properties abutting street. the floor, and none had been received prior to Hearing. Tupa offered the following Ordinance, moving that Council dispense with second reading, and adopt Ordinance as submitted: There were no objections filed from ORDINANCE NO; 164-18 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE COUNCIL OR EDINA THE VILLAGE/OF amended by adding after Section 32 the following: THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further "Section 33. That street now known as "Link Avenue" lying in Brookview Heights First Addition, as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed HARVEY LANE." Section 2. This Ordinance shall be in effect from and after its passage and publication. 2/27/61 Motion €or waiver of second reading and adoption of Ordinance was seconded by Dickson, and on Rollcall there were four ayes nays, as follows: Dickson, INSURANCE CONTRACTS AWARDED. Finance Director Dalen presented Tabulation of Bids taken February 20, on VOLUNTEER FIREMEN-GROUP ACCIDENT, COMPREHENSIVE ON AUTOMOTIVE EQUIPMENT, AND WORKMEN'S COMPENSATION INSURANCE, in. response to Advertisement for Bids published in Edina-Morningside Courier on February 9 and 16. 1. VOLUNTEER F1:RGMEN-GROUP ACCIDENT. Mr. Dalen recommended award to Charles W. Sexton Company bidding Firemen's Fund Insurance Co., coverage at $147.82 for one year; $399.11 for three years, asking that award be made for three-year period. This is the low bid of three bids submitted. accord with Mr. Dalen's recommendation was seconded by Dickson and carried. 2. COMPREHENSIVE ON AUTOMOTIVE EQUIPMENT. Five bids submitted, Hardware Mutuals and Employers Mutual of Wausau being low bidders with bids of $405.61 each. Mr. Dalen recommended award to Employers Mutual of Wausau, an Edina taxpayer. Dickson's motion that award be made in accord with Mr, Dalen's recommendation was seconded by VanValkenburg and carried. 3. WORKMEN'S COMPENSATION. Tabulation showed eight bidders bidding a total of eleven bids. presented, he hesitates to make a recommendation. Edina's experience for the last five years, and the return which would have been made on this experience, for each of the recently-received plans. Mr. Haley, 5205 Grove Street, who represented himself as "merely an interested citizen", asked that Council consider the bid of Federated Mutuals, saying he sees a savings of some $1,200 in their plan over that of the Anchor Casualty coverage bid by Norris-Nordeen, Brandow Insurance, and Charles W. Sexton Company. Some discussion was had by the Council, and Tupa moved that coverage be awarded for three years to Anchor Casualty Coo, Charles W. Sexton Company, agents. Each bidder then spoke briefly on the merits of his company's plan and/or service; and, after discussion, Mayor Bredesen asked for action on Trustee Tupa's motion. Sexton Company. EMPLOYEES' BOND TO BE RE-ADVERTISED. February 20 in response to Advertisement in Edina-Morningside Courier on February 9 and 16. Because each of the six bidders had bid on different plan there was no basis for comparison; and it was decided to obtain a rider on the present bond, to expire March 15; to prepare more precise specifications and secure new bids, rejecting those bids presented tonight. Said motion made by Tupa, seconded by VanValkenburg and carried. I Tupa's motion that award be made in Mr. Dalen told Council that because of the many different plans He presented a tabulation showing Motion carried, and bid awarded to Charles W. Mr. Dalen presented Tabulation of Bids received PAMELA PARK DRAGLINE RENTAL CONTRACT AWARDED. Manager Hyde presented Tabulation of Bids taken today for 200 Hrs., more or less, Dragline Rental, in response to Adver- tisement for Bids in Edina-Morningside Courier and Construction Bulletin February 16 and 23. a 3/4 Yd. 1955 Byers, and Phelps-Drake and H.WoGrim being tied for second-low at $14.00 per Hr. for a 1% Yd. Bucket, and an American 1-Yd. Bucket, respectively. Mr. Hyde told Council he reconnnends that award be made to Phelps-Drake Company at $14.00 because they have bid on the largesg machine; their machine is newer than that of the low bidder, and they are ready to proceed immediately, whereas a week's delay will be experienced with Grim. Co. at $14.00 per Hour, was seconded by Tupa and carried. Fifteen bids received, M.E. Kraft being low bidder at $13.95 per Hr. for Dickson's motion for award of contract to Phelps-Drake TRUCK PURCHASES AUTHORIZED, FOR PARK AND PUBLIC WORKS DEPARTMENTS. Bids was presented covering bids taken today on a 19,500 GVW truck for the Park Department, and on a 21,000 GVW Dump Truck for the Public Works Department. lation showed four bidders, as follows: Trucks on GMC, $4,835.38; Downtown Chevrolet, $3,658.99; and International Harvester, $3,658.87. second-low bidder, at $3,658.99. that their service has been very good; that he feels, however, that in the interests of saving money on parts replacement, and continuing competitive bids, Chevrolet should be tried, at this small difference in cost. Trucks on GMC, $6,099.00; Downtown Chevrolet, $5,455.00 and International Harvester Co., $5,075.91. GW? Truck, and for award of contract to International Harvester on 21,000 GVW Truck, was seconded by VanValkenburg and carried. Tabulation of Tabu- I FOR'19.500 GVW TRUCK FOR PARK DEPT. Woodhead Co. on Ford, $4,274.00; McGee Manager recommended award of contract to Downtown Chevrolet Company, He stated that he has no quarrel with International; FOR 21,000 GVW FOR PUBLIC WORKS DEPT. Woodhead Co. on Ford, $5,605.00; McGee Here, it was recommended that contract be awarded to low bidder. Tupa's motion for award of contract to Downtown Chevrolet Company for 19,500 .. II '.'.,'*, ., I. 2/27,1,61 I I ' L 2 . ' x 'TRACTbR-LOAf)ER BTDS 'LkD OVER "0 NEXT MEETTI'%.. Tabulation' of Bids taken today, in response to Advertisement for Bids published in Edina-Morningside Courier and Construction Bulletin February 16 and 23, 1961, showed receipt of bids from ten bidders, Ormes Equipment Co., bidding on a Trojan No. 164, being Low Bidder at a Net Bid of $10,498; Road Machinery and Supplies Co., bidding on a Michigan 858, second low at $10,545; and Bement-Cahill Equipment Co., bidding on a Loraine ML 153, third low at $12,495. on a Model 922 Caterpillar at $10,490, was judged not meeting specifications, inasmuch as bucket is rated officially as 1-1/4 Yds. rather than 1-1/2. The various company representatives spoke briefly on the advantages of their respective models; and Manager Hyde asked that Council delay action on award until such time further study can be made and demonstration of machines can be had. Dickson's motion, laying bids over to next meeting for action, was seconded by Tupa and carried, PUBLIC HEALTH NURSING REPORT FOR JANUARY, 1961, was submitted, approved, and ordered placed on file. I SUBURBAN HENNEPIN COUNTY RELIEF BOARD CONTRACT AUTHORIZED FOR 1961, Manager Hyde recommended continuance for another year with the present arrangement for handling poor relief, and VanValkenburg offered the following Resolution and moved its adoption: , 32 T ,A q> e> I I The bid of Ziegler Company, RESOLUTION FOR CONTRACT WITH SUBURB& HENNEPIN COUNTY RELIEF BOARD BE IT RESOLVED, That the Contract heretofore submitted, signed and executed by the Suburban Hennepin County Relief Board of the County of Hennepin for and during the year 1961 for the administration and supervision of poor relief in the Village of Edina be, and the same is hereby accepted, approved, renewed and extended for and during the year 1961 with the same force and effect as though said original Contract, above described, were redated and resigned and executed as of 'the date hereof. were four ayes and no nays, as foll aye; and Bredesen, aye; and the Res %illage Clerk I SANITARY SEWER PETITION ACCEPTED, FOR QUICK ACTION. to serve Petition for Sanitary Sewer Nos.4409,4417 and 4429 Valley View Road, and Nos.6205 Wooddale Ave., was submitted, with the report that bets of some of these properties had been given orders by the Village Sanitarian to comply with health rules in disposing of their sewage. Tupa's motion, that petition be accepted, and referred to the Village Engineer for quick action, was seconded by Dickson azid carried. BLOOMINGTON GETS EDINA'S SUPPORT ON LEGISLATION FOR LIQUOR STORE. reported Bloomington's request for support in the Legislature on Boomington's plea for action allowing them to vote on question of establishing a municipal liquor store. Metropolitan Stadium; and Tupa offered the following Resolution and moved its adoption : Manager Hyde There was some discussion on the matter, relative to the RESOLUTION CONCERNING LEGISLATION TO PERMIT RESIDENTS OF CITY OF BLOOMINGTON TO VOTE ON THE QUESTION OF ESTABLISHING A MUNICIPAL LIQUOR STORE WHEREAS, The Council of the Village of Edina is sympathetic with the desire of the City of Bloomington to be allowed to vote on the question of establishing a municipal liquor store, a right .. enjoyed and exercised by some'390 other Minnesota municipalities; and of Edina to support special legislation which would permit such an election; and WHEREAS, The Council of the Village .. of Edina is fully aware, ihrough experience, of -the desirability for and the advantages of the strict control of liquor to be realized'by " the establishment of a municipal liquor store. NOW, THEREFORE, BE IT RESOLVED'By the'ilillage Council of the V€llage of Edina that the Council support, and it does hereby, the passage of special legislation which would allow the electorate of Bloomington to 'vote on. the question of the establishment of a municipal liquor store. to the City of Bloomington. ' WHEREAS, The City of Bloomington has requested'the Council of the Village BE IT FURTHER RESOLVED That executed copies of this Resolution be forwarded .f Motion far adoption of Resolution was seconded by VanValkenburg, and on Rollcall there were three ayes andane nays, as f VanValkenburg, aye; and Bredesen, aye; . .Ti 1. 1 *I .....I, . 2/27/61 2% 4.DAKOTA TRAIL EASEMENT REU%%D.- Manager Hyde reported request for Ra1eaSe.i of an easement for a part of 9Iakota Trail", which easement is no longer necessary because of the re-platting of the neighboring property. Release of the following Easement was seconded by VanValkenburg and carried: "An easement for highway purposes in, over, and upon the tract or parcel of Xand lying and being in the County of Hennepin and State of Minnesota described as follows to-wit: of the following described line: line o'f Dakota Trail and +the Southwesterly line of Overholt Hills, James Addition, Hennepin County, Minnesota, as of record; thence S 25 41' W a distance of 171.92 1 feet to a point of curve to the left, the Delta angle thereof being 38 1 and the radius being 225.52 feet; thence Southeasterly along said curve a distance of 150.33 feet to a point of reverse curve to the right, the Delta angle thereof being 13 30' 44", and the radius being 659.12 feet; thence Southwesterly along said curve a distance of 155.44 feet to the point of intersection of said curve with a line 180.0 feet West and drawn parallel with the East line of Lots 11, 12, and 13, Auditor's Subdivision Number 196; thence South a distance of 91.91 feet to a point of culve to the left, the Delta angle thereof being 90 and the radius being 125.'0 feet; thence Southeasterly along said curve a distance of 196.35 feet to the point of tangency thereof; thence East along said tangent line a distance of 55.0 feet to the East line of said Lots 12 and 13, Auditor's Subdivision Number 196; thence South along the East line thereof a distance of 140-17 feet to the Southeast corner of said Lot 12." - All as recorded in Deed Book 2147, Page 298, Document 30.89866. TUpa's motion for Village 'A strip of land 25 feet wide adjacent to and on each sice Beginning at the intersection of the center- 11' 44'' I - FOOD ) ORDINANCES were briefly discussed in connection with FOOD VENDING MACHINE ) St.Louis Park's trials in attempting to adopt the CIGARETTE ) Public Health Food Ordinance, which is n& being CIGARETTE VENDING MACHINE) recommended for Edina, and relative to changes before the next license year, which begins April 1. Manager Hyde told Council he would have proposed Food Ordinance typed for their consideration at next meeting. BIDS TO BE TAKEZI ON STORM SEWER IMPROVEMENT NO. 58 (KAYMAR DRIVE-USLEE LANE WA) Manager Hyde reported'that plans and specifications are now ready for this improvement, and recommended that bids be expedited. following Resolution and moved its adoption: Dickson offered the RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED STORM SEWER IMPROVEMENT NO. 58 I AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: The plans and specifications for the proposed STORM SEWER IMPROVEMENT NO. 58 set fort$&&&.&llowing Advertisement for Bids form, heretofore prepared by the Village/Engineer and now on file in the office,of the Village Clerk are hereby approved. 2, Courier and the Construction Bulletin the following notice for bids for said improvement : 1. The Clerk shall cause to be published twice in The Edina-Morningside ADVERTISEMENT FOR BIDS STORM SEWER SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 W.- 50th St., at 11:OO A.M., Monday, March-13, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, March 13, 1961, to consider said bids, being for the following: CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: Starting at a point on Blake Rd. which is 426y Ft. S. of Centerline of Kaymar Dr,; the N. a dist. of 215 Ft.; Also, starting at a point on Raymar Dr. which is 125 Ft. E. of Centerline of Blake Rd.; th. NEly to Jeffrey Lane; th, NWly on Jeffrey Lane to a pt. which is 65 Ft. E. of Centerline of Leslee Lane and 5 Ft. N. of S. line of L. 1, Bl. 1, Les Anderson's Highwood Second Addn.; th.. Ely and parallel to said S. line of said B1. 1, to its intersection with E, line of L. 3, in said B1. 1; th. N. to NE Cor. of said L. 3; th. NWly to SE Cor. of q.12 in said B1. 1; th. N. along E. line of said L, 12 a dist. of 140 Ft,; Also, starting at a pt. which is 65 Ft. E. of Centerline of Leslee Lane and 5 Ft. N. of S, line of L. 1, B1, 1, Les Anderson's Highwood Second Addn,; th. Vly to Leslee Lane; and an additional line running on an easement line betw, Ls. 2 and 3, B1. 2, Valley Park to drain the rear lots in said B1, 2, Work must be done as described in plans and specifications on file in the office of the Village Clerk, Plans and specifications are available at the Edina Village Hall or at the office of Sburban Engineering, Inc., 6875 Highway No, 65 N.E., Mnneapolis 21, Minn., €or a deposit of $10,00, which deposit will be refunded upon return of said plans and specifications. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the-Village Clerk in the amount of at least ten percent of amount of base bid. 4 The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCILo GRETCHEN S. ALDEN Village Clerk 277 3/13/61 5.. ,*....e. r ...* . -,. . ,....'\I. ... 1 , , PUBLIC HE%RINNGS SCHEDULED ON PERMANENT SUWACING AND CURB. newly appointed Director of Public Works and Assistant Village Manager (who had been introduced to audience earlier in the meeting by Mayor Pro Tem Dickson), reviewed for the Council the Engineering Department's plans for street improvement work to be done this year: 1. 'To initiate Public Hearings on the work petitioned, and on Council's own motion, on the basis of Concrete Curb and Gutter an$ Bituminous Surface Treat- ment, with an alternate on Concrete Paving with Integral Curb, on each street proposed to be improved (or, in the case of petitions, on each area covered by petition). improvements, with the idea of securing better prices for everyone by the taking of bids on more comprehensive projects. Manager Hyde explained that the later bids taken last year for Bituminous Surface and Concrete Curb were so high it was determined to conduct new Public Hearings on these particular projects before taking further action. VanValkenburg offered the following Resolution and moved its adoption: Captain George Gans-3, 2. At Public Hearings to introduce the "area" basis of benefit for street RESOLUTION PROVIRING FOR PUBLIC HEARINGS ON PROPOSED SANITARY SEWER, WATERMAIN CONCRETE CURB AND GUTTER, AND PERMANENT STREET SURFACING AND CURBING IMPROVEMENTS 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, WATERMAIN, CONCRETE CURB AND GUTTER, AND PERMANENT STREET SURFACING AND CURBING IMPROVEMENTS described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvemen.ts, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. 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, WATEMIN, CONCRETE CURB AND GUTTER, AND PERMANENT STREET SURFACING AND 2. This Council shall meet on Monday, March 27, 1961,'at 7:OO P.M., in the 3. The Clerk is hereby authorized and directed to cause notice of the time, GUTTER IMPROVEMENTS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday. March 27, 1961, at 7:OO P.M., to consider the following proposed improvements-to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvements are estimated by the Village Engineer as set forth below: ESTIMATED COST A. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING STREET: 1. Code Ave. fromV.6Oth St. to 503.64' North IN THE FOLLOWING STREET: 1. Code Ave. fromV.6Oth St. to Benton Ave. FOLLOCJING STREET: B. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES C. CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE .* 1. Virginia Lane from Concord Ave. to Virginia Ave. D. CONSTRUCTION OF PERMANENT STREET SURFACING AND CURBING IN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. THE FOLLOWING STREETS: Claremore Dr. from Wooddale Ave. to Oaklan Ave. West Shore Dr. from Dunham Dr. to Hibiscus Ave. Dunham Dr., from Wooddale Ave. to West Shore Dr. Kellogg Ave. from Claremore Dr. to Andover Rd.; Andover Rd. from Wooddale Ave. to Kellogg Ave. Wooddale Ave. from Dunham Dr.(W) to Gilford Dr. Ellsworth Dr. from Wooddale Ave. to Oaklawn Ave. Fondell Dr. from Wooddale Ave. to Oaklawn Ave, GiJford Dr. fromWest Shore Dr. to Oaklawn Ave.; Kellogg Ave. fromGilford Dr. to S. line of South Oaklawn Ave. from Claremore Dr. to the S. line of Concord Ave. fromW.64th St. to W.62nd St.; W.63rd St. from Concord Ave. to Ashcroft Ave.: Garden Estates 4th Addn. South Garden Estates 4th Addn. $5,141.38 $6,326.32 $2,840.14 $b7,254.04 $27,243.22 $ 8,519.24 $18,289.66 $19,822.99 $19,711.69 $20,166.30 $27 ,49 8.24 $21,613.28 Ashcroft Ave. from W.64th St. to W.line Miller's Addn.; St.Johns Ave. fromW.64th St. to Valley View Rd. $81,233.96 Concord Ave. from Valley View Rd. to W.62nd St. $10,939.19 Porter Lane fromW.6Oth St. to Code Ave. $11,063.54 Hansen Rd. fromW.6Oth St. to W.6lst St. $13,887 .7 2 Tingdale Ave. fromW.6Oth St. to Valley View Rd.; Clover Ridge from Tingdale Ave. to Valley View Rd. $23,634-07 3/13/61 15. W.6Oth St. from Code Ave. to Tingdale Ave. $9,969.49 16. W.6Oth St. from Tingdale Ave. to Hwy.#lOO $ 13,658.19 17. W.6Oth St. from Porter Lane to Code Ave. $5,684.76 18. W.6Oth St. from Porter Lane to Hansen Rd. $17 , 968.10 19, Code Ave. fromW.6Oth St. to Benton Ave. $10,990.31 20, Bernard Place from W.6Oth St. to Grove St. $21,456.39 21. Dale Ave. from Grove St. to 'IJ.57th St.; Grove St. from 163' E. of centerline of Dale Ave. to Hansen Rd. $20,436.12 The areas proposed to be assessed for the cost of proposed improvements under A-1 and B-1 above include Lots 8,9,10 and 11, Block 1, Code's Highview Park; for C-1 above - Lots 5,6,7 and 8, Block 3, Virginia Ave. Addn., and Lots 1,2, 3 and 4, Block 4, Virginia Ave. Addn.; for D-1 thru 21 incl., above - all lots and tracts of land abutting the respective streets proposed to be improved. GRETCHEN S. DEN Village Clerk Dickson, aye; and the Resolution was adopted. ORDINANCES HAVE FIRST READING: The followfi gs~rjp~~rj!~gOrdinances were submitted and discussed; and VanValkenburg moved that 7 said Ordinances be accepted and that Second Reading be scheduled for Monday, March 27: 1. ORDINANCE NO. 151A - AN ORDINANCE REGULATING AND LICENSING FOOD ESTABLISHMENTS AND FOOD VENDING MACHINES AND PROVIDING A PENALTY FOR VIOLATION THEREOF. PROCEDURE FOR TRADES, OCCUPATIONS AND BUSINESSES, INCLUDING MACHINES 2, ORDINANCE NO. 20 - AN ORDINANCE PRESCRIBING A GENERBL LICENSING AND VEHICLES, PROVIDING FOR RENEWAL, SUSPENSION AND REVOCATION OF LICENSES AND PRESCRIBING PENALTIES. BUILDINGS AND PROVIDING FOR THEIR VACATION, REPAIR, REMOVAL OR DEMOLITION; REPEALING ORDINANCE NO. 148. 3. ORDINANCE NO. 148A - AN ORDINANCE DEFINING DANGEROUS AND SUBSTANDARD VanValkenburg's motion was seconded by Tupa and carried. LICENSE FEES DETERMINED, Establishmencs, Food Vending Machines, sale of Cigarettes, and Cigarette Vending Machines; and it was determined that, for the year April 1, 1961 to April 1,1962 Food Establishments' license fees should be $25.00, with additional fees for . vending machines, depending on type of food sold therefrom; that Cigarettes license fee should be $12 per establishment, whether by direct sale, vending machine or both. Discussion was had on license fees for Food Handling PETITION FOR APPORTIONMENT OF SPECIAL ASSESSMENT FOR STREET IMPROVEMENT IN SOUTHDALE FIRST ADDITION, signed by Thorpe Bros., Inc., was accepted and referred to the Special Assessment Hearing on this project. This petition asks that for the purpose of computing special-assessments Lots 1 and 7, Block 5 be treated as having a front footage of 130 feet each; that each corner lot (with the exception of Lots 1 and 7, Block 5) be assessed for 20% of cost of improvements to its side footage; that the remaining 80% of total side footage costs be apportioned equally among all the lots in the described area. seconded by VanValkenburg and carried. Motion for referral was made by Tupa,, PUBLIC HEARINGS SCHEDULED ON CAIVIN KATTER REQUESTS FOR SPECIAL PERMITS FOR DOUBLE BUNGAIXXJS, AND FOR SIDE YARD VARIANCES AT 5709, 5713 AND 5717 FRANCE AVE. Blanning'Cominission recommendations of March 8, favorable to the above two requests by Calvin Katter, were reviewed by Council; the side-yard variance requested being from the required 15-feet to 10 feet between dwellings, and to 725 feet at both north and south ends of 3-lot addition. Public Hearings on requests for Monday, March 27, was seconded by VanValkenburg and carried. BROOKLINE FIRST ADDITION-KATTER REPLAT PRELIMINARY APPROVED. Hite presented this Preliminary Plat, being a-replat of Lots 11,12,13 and 14, B1.4, Brookline First Addn. (58-foot lots), into one 80-foot and two 77-foot lots; and Council reviewed Planning Commission's recommendation of March 8, for approval subject to extension of existing storm sewer from rear of lot to France Avenue. Tupa's motion for approval of Preliminary-Plat subject to compliance with Planning Commission's stipulation was seconded by VanValkenburg and carried. Tupa's motion scheduling Planning Director 3/13/61. GLENN MANOR PRELIMINARY PLAT APPROVED. This Preliminary, being a replat of the - property North of W.60th St. between Code Ave. and Porter Lane, carried the Planning Commission's recommendation for approval, with the stipulation that final approval will be withheld until adequate storm water drainage is provtded. Mr. Hite reported that plat as presented will permit development of the rear portion of Lot 12, Block 1, Codes Highview Park, which fronts on Code Ave. but has side frontage along W.6Oth St. of 308 Ft.; that fill will be required to secure proper drainage. VanValkenburg's motion, that Preliminary Plat be approved, with the same stipulation as that made by the Planning Commission, was seconded by Tupa and carried. STROTZ/PRELIMINARY PLAT APPROVED. This 2-lot division of a 1%-acre parcel at the Southeast Corner of Interlachen Blvd. and Ridge Rd. carried Planning Commission's recommendation for approval, and Tupa moved for Council approval. by VanValkenburg and carried. PARKWOOD KNOLLS TENTH ADDITION PRELIMINARY PLAT APPROVED SUBJECT TO SEVERAL STIPULATIONS. Knolls, between Larada Lane and Akers Lane, showing lots of a considerably smaller size than those in the various Parkwood Knolls Additions, was presented by Mr. Hite carrying Planning Commission's March 8th qualified recommendation for approval. improvement of the lots. service is not available to the area at the present time. however, that such service can be provided by extension of the C-1 Trustee Tupa inquired as to whether Council should'also require public water service, but inasmuch as this would require an area-installation, and inasmuch as installation of sanitary sewer will eliminate danger of water pollution, this requirement was not made. Public Works Director Gans inquired as to the status of storm drainage, and Mr. Hite replied that this area will be included in the plans for the Nine-Mile Creek Watershed; that the area drains, now, and there are no trouble spots in it. VanValkenburg's motion that Council's approval of Preliminary Plat carry the following stipulations made by the Planning Commission : ADDITION Motion seconded This 6-lot plat of the property directly to the north of Parkwood One of the stipulations was that sanitary sewer be provided before This was discussed at some length because trunk sewer It was pointed out, Trunk. a) Road profiles are to be approved by the Village Engineer for the proposed b) Park land dedication or development fee in an amount satisfactory to the c) No building permits are to be issued for Lots 2-6 of the proposed plat road extensions. Park Board is to be provided before final approval is requested. until such time as they are serviced by Village sanitary sewer. was seconded by Tupa and carried. WELL ORDINANCE RECOMMENDED. In line with the discussion held here tonight as the result of Mr. Robert Gislason's.petition for sanitary sewer and watermain for Hankerson Avenue, and also as the result of the foregoing discussion on sanitary sewer and watermain for the Parkwood Knolls area, Trustee Tupa recommended the drafting and adoption of an Ordinance regulating well drilling, in order that better control might be had of these operations. PEACEDALE ACRES-HOPPE REPLAT PRELIMINARY APPROVED. of this 11-lot plat of the property just North of Crosstown Highway, between France and Peacedale Avenues, was seconded by VanValkenburg and carried, carried Planning Commission's March 8th recommendation for approval. Vupa's motion for approval Plat . MILLER'S SECOND ADDITION FINAL PLAT APPROVED SUBJECT TO COMPLIANCE WITH CERTAIN STIPULATIONS. qualified approval of March 8, on this 9-lot plat of the area just North of the Crosstown Highway between St.Johns and Wooddale Avenues; this property being in a wet area. meets the following requirements : a) A flowage easement to an elevation of 866 feet above sea level or land Some considerable discussion was had on the Planning Commission's 1 Planning Commission had recommended approval providing developer title to be granted to the Village for that portion of the plat marked "wet land". b) All lots within the plat are to be raised to an elevation of not less than 866 feet above sea level. c) No building permits will be issued for structures having basement elevations of less than.866 feet d) Performance bond or security is to be submitted for the installation of gravel roads, sewer and water according to plans and specifications approved by Village Engineer. Inquiries were made of Mr. Hite concerning method of recording Commission's stipulations (this, Mr. Hite, reported, will be by deed restriction), and as to interpretation of basement elevation (this, Mr. Hite said, is 866 feet at top of slab). Second Addition subject to compliance with all conditions made by Planning Commission, was seconded by VanValkenburg and carried. Tupa's motion, that Council approve Final Plat of Miller's 3/13/61 NEDERLOH ADDITION FINAL PLAT APPROVED. f?,60th St. carried Planning Commission's recommendation for approval; and VanValkenburg moved for Council approval thereof. carried. This Final Plat, of the property at 5401 Motion seconded by Tupa and MIRROR LAKE RIDGE-WILLIAMS REPLAT FINAL PLAT APPROVED. Lot 3, Mirror Lake Ridge and Lot 34, Auditor's Subdivision 8325, carried Planning Commission's March 8th recornendation for approval. Mr. Hite reported that Lot 1 of the replat contains a Village storm sewer; and Tupa moved for approval of Final Plat subject to conveyance to the Village of Lot 1 thereof. VanValkenburg and carried. This final, a re-plat of Motion seconded by TAX DELINQtiENT LAND DECLARED "NON-CONSERVATION". List "506-C", January 31, 1961, containing several tracts proposed to be sold for tax delinquency, was presented, together with the Park Board's recommendation against Village acquisition of any of these tracts for park purposes. VanValken- burg offered the following Resolution and moved its adoption: RESOLUTION DECLARING TAX DELINQUENT LANDS "NON-CONSERVATION" : FOR SALE ,WHEREAS, The Village Council of the Village of Edina, Hennepin County, Minne- Hennepin County Land Department's sota, has received from the County Auditor of Hennepin County, Minnesota, a list of lands in said village which became the property of the State of Minnesota.under the provisions of law declaring the forfeiture of land to the state for non-payment of taxes, which said list has been designated as Classification List "506-C**, January 31, 1961; and WHEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners: NG?, TEIEREFORE, BE IT RESOLVED, by said Village Council, acting pursuant to Minnesota Statutes for 1949, Section 282.01, Subd. 1, that the said classifi- cation by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. The question was on the adoption of the resolution, and the rol/l.being called, there were three ayes and no nays, as follows: Tupa, aye; Dickson, aye; and the Resolution was adopted. I hafor Pro Tem SPECIAL ASSESSMENT HEARINGS SCHEDULED FOR APRIL 10. Presenting assessment rolls for some twenty improvement projects, Manager Hyde asked that Public Hearings be expedited. VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS: SANITARY SEWER IMPROVENENTS NOS. 171, 173 AND 174; STORM SEWER IMPROVEMENT NO. 50 (LATERAL NO. 8 OF MAIN 1) ; WATERMAIN IMPROVEMENTS NOS. 144, 145, 146, 148, 149 AND 150; STREET IMPROVEMENTS NOS. A-127 AND 129; B-67 AND 68; BA-7, 14, 16, 17, 19, 23 AND 25; SIDEWALK IMPROVEMENT S-2 BE IT,.BESOI;VED by the Council of the Village of Edina as follows: for the improvements set forth in the Notices of Hearings forms hereinafter recorded, 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 pro- posed assessments 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. notices of hearings hereinafter contained, to pass upon said proposed assessments; and the Clerk is hereby authorized and directed to publish notices of said hearings in the official newspaper in accordance with law; said notices to be in substantially the following form: 1. The Clerk and Engineer having calculated the proper amounts to be assessed 2, This Council shall meet at the time and place specified in the forms of I NOTICE OF ASSESSMENT HEARING ON LATERAL STORM SEWER NO. 50 (8) NOTICE IS HEReBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, April 10, 1961 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improve- ment. to public inspection. ( 1) This assessment is now on file in the office of the Village Clerk and open 275 2/27/61 3. Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement. *. I. COUNCIL REQUESTS RAILROAD AND WAREHOUSE COMMISSION TO ESTABLISH SPEED OF MN&S TRAINS AT 20 MJ?H AT HBNSEN ROAD, GROVE STREET AND WHITING STREET. Manager Hyde presented the Railroad and Warehouse Commission's reply of February 21, to Council's request that the Commission investigate the speed of MN&S Trains between Hansen Road and Highway 95. Some discussion was had on procedure to be followed in having speed of erains reduced, and Tupa mv $1 t!@b$#b Til request the Minnesota Railroad and Warehouse Conm;lission/ M es er our as the maximum rate of speed at which the Minneapolis, Northfield and Southern Railway Company is to be permitted to operate its trains over grade crossings at Hansen Road, Grove Street and Whiting Street in the Village of Edina. Dickson and unanimously carried. Motion seconded by CLAIMS PAID. Motion by Dickson, seconded by =pa, was carried, for payment of the following Claims, as per Pre-List dated February 27, 1961: General Fund, $15,439.30; Construction Fund, $80,434.42; Park and Park Construction and Swim Pool Funds, $3,355.42; Water Fund, $2,268.85; Liquor Fund, $34,394.67; Sewer Rental Fund, $303.11, , TOTAL, $136,195.77. CONDEMNATION OF STORM SEWER EASEMENT AUTHORIZED. Engineer Zikan reported that one Storm Sewer Easement remains to be secured before tHe contract for Storm Sewer No, 58 can be completed; that he has been unsuccessful to date in negotiating this easement. He ask that Council2 begin condemnation proceedings for an easement for storm sewer in the NEly 10 Ft. of Lot 2, El. 2, Valley Park and the SWly 5 Ft. of Lot 3, El. 2, Valley Park. Tupa moved that Condemnation Proceedings be initiated for Storm Sewer Easement in accordance with Engineer's recommendation. Motion - seconded by VanValkenburg and carried, . There being no further business for consideration, Tupa moved for adjournment. Motion seconded by VanValkenburg and carri