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HomeMy WebLinkAbout19610828_regular8/28/61 MINUTES OF THF. =GUMMETING OF THE AUGUST 28, 1961, AT 7:OO P.M., AT THE EDINA VIL~AGE C~UNCIL, mxh MONDAY, EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, %pa VanValkenburg and Bredesen. z MINUTES of the Regular Meeting of July 24, 1961were approved as submitted, by motion Beim, seconded by Dickson and carried. PUBLIC HEARING POSTPONED ON PROPOSED SANITARY SEWER IN SCMFER ROAD AND INTERLACHEN BLVD. this evening, has been postponed. PUBLIC IIEARING ON PROPOSED IMPROVEMENTS. in Edina-Morningside Courier August 17 and 24, 1961 of "Notice of Public Hearings", which affidavit was approved as to form and ordered placed on file. said Notice the following Public Hearings were conducted, and action was taken as hereinafter recorded: PUBLIC HEARING ON PROPOSED CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER IN HIBISCUS AVE.. HWY.#100 TO 140' E. OF WEST SHORE DR.: TRILLIUM LA. FROM HIBISCUS AVE. TO LARKSPUR LA.: MONARDO LA. FROM HIBISCUS AVE. TO TRILLIUM LA. : PHLOX LA. FROM HIBISCUS AVE. TO AND INCLUDING TURN-AROUND: AND PROPOSED CONSTRUCTION OF STORM SEWER IN DRAINAGE EASEMENT BEZIJ. LOTS 10 AND 11, BLOCK 4, LAKE EDINA 2ND ADDN. FROM HIBISCUS AVE. TO WESTERLY: IN DRAINAGE EASEMENT BETWEEN LOTS 19 AND 20, BLOCK 4, ALAKE EDINA 2ND ADDN. FROM HIBISCUS AVE. TO SOUTHERLY. Manager Hyde reported that this Hearing has been called at the request of several residents in Lake Edina 2nd Addition; that the Street Surfacing Improve- ment had been publicly heard in April of this year and, at the request of the developer, had been removed from this year's work; that, if the street improvement is to be considered this year, the storm sewer should be considered at the same time. Captain Gans reported that his Estimate of Cost, prepared as a composite project involving a) paving with concrete curb and gutter, and bO storm sewer, is $79,190.00, for S9.G per assessable foot using Portland Cement Concrete for the paving; $76,906.00, for $9.18 per assessable foot using Asphalt Concrete Paving with Portland Cement Concrete Curb and Gutter. He said that for purposes of discussion the Storm Sewer portion of the improvement has been separated from the balance of the project at a cost of $9,621.00; that when Village Storm Sewer Main No. 1 was under discussion, and until a short time before the hearing on that project, plans for Main 1 called for storm sewer continuing westward along Hibiscus Avenue to a low point in the street just a few feet west of West Shore Drive, but that just a few days before the hearing Mr. Stow had agreed to install an outlet from Hibiscus Avenue to Lake Normandale along the route of Main No. 1 at his own expense and this portion of the project had been dropped fromMain No. 1 plans; that the outlot has not been provided at this time, and storm sewer must be installed before streets are paved; that it is for this reason that the storm sewer cost has been broken out of the composite project. without storm sewer cost of street surfacing and curb would be an estimated $8.05 per assessable foot for the asphalt concrete paving with Portland cement concrete curb and gutter--but that this would leave some $9,600 for Mr. Stow's financial consideration. angrily, "This is the first time I have heard of this! And not only that, but in the minutes of a meeting I have here there are certain things I never knew about and never discussed!" stated his client is a I'bit difficult to control"--that Mr. Stow does not object to the minutes as such; that all he is questioning is Mr. Barr's statement in the minutes. Mr. Brill added that this proposed storm sewer will not benefit Mr. Stow's property in any way, and that if it is the intent of the Village to assess this property for it there will have to be a fight against the assessment. Mr. Stow then reported, '#If there has to be a storm sewer and they want it, I'll put it in and pay for it. They're not going to charge me $9,000 for it when I can get it for $1,500." Manager Hyde then presented copy of the Final Plat of Stow's Lake Edina 2nd Addition, which shows storm sewer easements in the properties through which it is now proposed to construct storm sewer. council that he would pay for the storm sewer out of his own pocket rather than see the people assessed exhorbitantly for it; that he will furnish the Village with Mr. Godward's layout for this storm sewer. At Mayor Bredesen's question, "When will you furnish these plans?", Mr. Stow replied they would be furnished within two weeks. Captain Gans told Mr. Stow that the engineering has been completed and that the Village will be glad to furnish Mr. Stow with its plans, inasmuch as storm sewer must be installed in accord with Village specifications. Mr. Stow asked that Village plans be forward to his engineer, stating that the work will be done after Captain Gans and Mr. Godward have agreed. then asked, "How soon after Gans and Godward agree will the work be done?", and Mr. Stow replied, 'Within two weeks after they approve plans we will start to work." Referring back to Mr. Stow's earlier statement concerning the minutes, Mr. Hyde asked for permission to direct a question to the Clerk, and on permission by the Mayor Bredesen announced that this public hearing, scheduled for Hearing Clerk presented Affidavit of Publication Pursuant to 1. - I He added that Mr. E. C. Stow was immediately on his feet, exclaiming Attorney Josiah Brill, Sr., representing Mr. Stow, . Mr. Stow then told the Mayor Bredesen 8/28/6 I. Council, asked, %rs. Alden, *have you ever, at any time, been asked or directed 7 7 to change the official minutes of the Village Council Meetings as approved by the Council?" Mrs . Alden's answer was "No. tt Mr. Bredesen then announced that inasmuch as the Council has made a commitment extending the expiration date of the bond for surfacing Lake Edina 2nd Addition Streets to September 1, 1962, he believes the Council has to live with this commitment--that streets will not be surfaced this year. Mr. Stow inquired as to who had petitioned for the improvement, and was informed that Mr. Brown and a delegation of eight or ten other people from the area had asked for it. Mr. Carl Struck, owner of Lot 11, Block 4, told Council that he and Rev. Merritt, as owners whose lots are directly affected by storm sewer construction, are vitally concemgd about the proposed construction; that one o,f the village engineers had been out 'to the ground and had stated that pipe- would be put into' his lot only part bf the Gay to the lake and water would then be allowed to drain to the bottom of the hill. He objected to this type of construction, and also stated that there has been no drainage trouble yet at this point and he doesn't understandikbe expenditure if the storm sewer isn't needed. Captain Gans explained that after the street is paved the rate of runoff will increase; that this increase must be provided for. He also assured Mr. Struck that the drain will run to the lake. Mr. Stow assured Mr. Stack that when pipe is put in it will go to the lake, and, also that Mr. Struck's lot will be put back into the same condition as it was in before storm sewer construction started. Captain Gans reminded Mr. Stow.that the design for construction stems from the design worked up several years ago by the Stow engineer. Mr. Brill stated that from discussion here tonight it has been resolved that bond for street improvement is being extended to September 1, 1962, and that his client has agreed to install storm sewer; and it was agreed by Council that this is the status of the Hearing at this time. Beim then moved that Public Hearing-on proposed Street Improvement be continued to first regular council meeting in March, 1962. carried. Motion seconded by Dickson and PUBLIC HEARING ON PROPOSED SANITARY SEWER IN TRACY AVENUE FROM 80 FT, S. OF THE S. RIGHT OF WAY LINE OF BROADMORE ROAD TO THE CENTERLINE OF GROVE ST. Bstimate of Cost was given as $4,200.00, proposed to be assessed against three lots for $1,400 per lot. It was reported that Fhese lots are owned by the State, as part of the right-of-way for the proposed relocation of State Highway #169; that it is now certain that Highway 8169 will not be relocated here, and that the State will undoubtedly sell the lots; that before Tracy Avenue is paved this sanitary sewer improvement must be made, but that there is a question about levying assessment against state-owned properties. on this matter was reviewed by Council, and Mr. Spencer added he would be in favor of levying the special assessment so that it will be of record at the time property is sold. been received prior thereto. its adoption: Mr. DeForest Spender's legal opinion No objection were offered from the floor, and none had Dickson offered the following Resolution and moved RESOLUTION ORDERING IMPROVEMENT SANITARY SEWER IMPROVEMENT NO. 190 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement : CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN TRACY AVENUE FROM 80 FEET S. OF THE S. RIGHT-OF-WAY LINE OF BROADMORE ROAD TO THE CENTER- LINE OF GROVE ST. AND THERE TEEWCNATING and at the hearing held at the time and place specified in said notice the Council has duly considered the'views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 190, and the area to be specially assessed therefor shall include Lots 2, 3 and 4, Block 1, Lyle's 2nd Addition. Motion for adoption of the Resolution was second were five ayes and no nays, as follows: Bei VanValkenburg, aye; and Bredesen, aye; and Tupa, and on Rollcall there 8/28/61 PUBLIC HEARING ON PROPOSED SANITARY SEWER IN EAST SIDE OF HIGHWAY #loo FROM W.64TH STREET TO W.65TH STREET. Estimate of Cost was given as $7,433.89, proposed to be assessed against five lots for $1,486.78 per lot. Normandale Road, told Council she wonders why this proposed improvement is being presented now. Informed that a petition had been submitted for the improvement, she told Council that signed no such petition. A 1959 petition bearing the name of Ostlund was presented for Council review; and it was explained that Hearing on improvement has been delayed pending Highway Department action on the service drive for Highway 100. Mrs. W. F. Ostlund, 6433 (See Minutes for next improvement hearing, for action). PUBLIC HEARING ON PROPOSED WmE'EMAIN IN EAST SERVICE DRIVE OF HWY.#lOO FROM W.64TH ST. TO TJ.65TH ST.: W.65TH ST. FROM E. SERVICE DRIVE OF ?IWY.#100 TO SIIERWOOD AVE.: SHERWOOD AVE. FROM iJ.65TH ST. TO W.66!l!H ST.: AND TJ.66TH ST. PROM SHERWOOD AVE. TO BRITTANY ROAD. the foregoing proposed improvement, it was considered along with the foregoing. Estimate of Cost of proposed Watermain construction was given as $18,773.52, proposed to be assessed against 17 connections, for $1,104.32 per connections. The owner of the South 1/2 of Lot 5, Block 16, Normandale Addition, told Council he has made a preliminary analysis of the proposed watermain; that there is some 1860 feet of assessable property for 1800 feet of watermain, whereas there are usually two feet of assessable property for every foot of utility. Blocks 16 and 17 no one will gain any benefit from the main; and that, too, the matter is further complicatedTby State Highway Department plans--that property owners have no way of knowing, now, whether condemnation proceedings will permit them to turn their houses around to face Sherwood Avenue. Manager Hyde reported that an alternate estimate has been prepared in East Service Drive between 64th and 65th only; that this is $8,107.79, for $1,621.56 per assessable lot, but that this construction leaves the Village with a dead end in the system. The owner of the South 1/2 of Lot 5 then suggested that the proposal for water either be increased to serve a larger area, so that the cross mains could be absorbed by a greater assessable area, or dropped completely. Asked by the Council if there is anyone in the area in dire need of water, the answer from the audience was l'no'l. No one spoke in favor of the watermain improvement. The next question from the Council was as to any great desire for sanitary sewer; and the answer from the audience was again in the negative. for the sewer.improvement. to be no present need for either the Sanitary Sewer or the Watermain project he moves that both projects be tabled. anticipated that costs will be greater at a later date but that in absence of present need for improvement he feels objections should be considered. carried. Because at least part of this improvement is in the same street as Also, that in No recommendations were made from the floor Trustee Beim then stated that inasmuch as there seems Dicksoa seconded motion, saying it is Motion REQUEST FOR SANITARY SEWER AT 6601 NORMANDALE ROAD RECEIVED. proposed sanitary sewer improvement as hereinbefore related, Mr. R. T. Cox, 6601 Normandale Road, told Council he needs sanitary sewer. could not be served by this particular proposed improvement. During discussion on He was informed that he PUBLIC HEARING ON PROPOSED CONSTRUCTION OF SANITARY SEWER AND MATERMAIN IN THE N. LINE OF LOT 1, BLOCK 5, EDINA HIGHLANDS FROM AYRSHIRE BLVD. TO W LINE OF LOT 6 , BLOCK 5, EDINA HIGHLANDS (FOR 5304 GLENBRAE CIRCLE). Sewer was $1,934.95; for Watermain, $932.42, for $29867.37 total, proposed to be assessed against only Lot 6, Block 5, Edina Highlands. There were no objections offered at the Hearing, and none had been received prior thereto; and Mr. Hyde told Council he feels these improvements are urgently needed. Dickson offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS SANITARY SEWER IMPROVEMENT NO. 175-A: AND WATERMAIN IMPROVEMENT NO. 152-A BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvements : Estimate of Cost for Sanitary CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES, AM) CONSTRUCTION OF HIGHLANDS FROM AYRSHIRE BLVD. TO I?. LINE OF LOT 6, BLOCK 52 EDINA HIGHLANDS WATERMAIN AND APPURTENANCES, IN THE N. LINE OF LOT 1, BLOCK 5, EDINA and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated as SANITARY SEWER IMPROVE- MENT NO. 175-A, and WATERMAIN DPROVEMENT NO. 152-A, respectively, and shall be so referred to in all subsequent proceedings; and the area to be specially assessed therefore shall be Lot 6, Block 5, Edina Highlands. 8/28/6i 179 i Motion for adoption of Resolution was seco lkenburg , aye; and Bredesen, aye; pa, and on Rollcall there CONTINUATION OF AUGUST 14TH HEARING ON PROPOSED GRADING AND GRAVELING OF JOSEPHINE AVENUE FROM W.64TH ST. TO W.65TH ST, Mr. Norm. Sorum, 6408 Josephine Avenue, stating he likes the idea of the improvement but does not like the cost, inquired as to why all the property owners must be assessed for the cost of removal of a stump and why an assessment must be made for adjustment in manholes. He was informed that it has long been the policy to assess any incidental costs against the entire improvement. other objections registered from the floor, and no written objections had been received prior to this Hearing. moved its adoption: There were no Tupa offered the following Resolution and RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. C-83 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed Improvement: GRADING AND GRAVELING OF JOSEPHLNE AVENUE BETWEEN 'W.64TH AND W.65TH STREETS and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby desig- nated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. C-83, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be imp roved, lkenburg, aye; and Bredesen, aye; an NAME OF '%LOUCHESTER AVENUE" CHANGED TO "GASLIGHT LANE". Clerk presented affidavits of Publication in Edina-Morningside Courier August 17 and 24, of "Notice of Public Hearing", and of mailing of said notice, which was approved as to form and ordered placed on file. Mayor announced Public Hearing is being held pursuant to a petition for change of name, signed by owners of eight residences. One of the proponents for the name change presented a pamphlet showing errors occurring in the spelling of 'lGlouchester" and showing also the difficulties residents are having in mail delivery. Harold Adams, 7116 Glouchester, presented petition signed by owners of five residences, objecting to the change. are family differences, here, with Mrs. L.E. Schoffman requesting the change, Mr. Schoffman opposing it; Mr. David Flint petitioning for change, and Mrs. Flint opposing. for the change he suggests the Council make it, offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Mr. An amusing sidelight was that there Trustee Beim, saying that since the majority seem to be ORDINANCE NO. 164-21 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STFETS AND AVENUES OF THE VILLAGE ... OF EDINA THE VILLAGE OOUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 35 the following: "Section 36. That part of "Glouchester Avenue" lying between Mavelle Drive andW.72nd St., as the same is of record in the office of the Register of Deeds of Hennepin County, is hereby renamed "GASLIGHT LANE". Section 2. and publication, Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Dickson, and on Rollcall there Beim, aye; Dickson, aye; Tupa, aye; This Ordinance shall be in effect from and after'its passage yes and no nays, as follows: and Bredyen, aye; and Ordinance was adopted . Mayor .8/28/61 PUBLIC HEARINGS ON ZONING VARIANCES. referred to Council from-Planning Commission Meeting of August 2, and resultant "Notices of Hearings" mailed to affected property owners, Public Hearings were next conducted, and Council action taken, as hereinafter recorded: Pursuant to Petitions for koning Variances, 1. MODERNMEDICINE PUBLISHING CO. APETITION FOR PERMIT FOR BUILDING 50 FEET HIGH IN SOUTHDALE OFFICE PARK. Administrative Assistant Allen Locke, substituting for Planning Director Hite, told Council that Planning Commission recommends this variance because the "Open Development District" property contiguous to the building site is Village-owned Park, and lake, and is not intended to be usedeas residential sites. Ordhance requires building hei;ghQ-of not more than 40 feet unless building is more than 250 feet from centerline of public street dividing Regional Shopping District from residential district and unless owner has first obtained consent of owners of 3/4 of property within 500 feet of building. Telling the Council that the site proposed for the Modern Medicine Building is lower than some of the other sites in Southdale Office Park, Manager Hyde said he believes that at a height of 50 feet this building will be very little, if any, higher than at least one of the present buildings; that he believes the proposed building to be compatible with others in the area and harms no residential property. Reminding Council that buildings of various heights have been allowed in*the Southdale development--first the six-story medical building, then two-story buildings, then buildings of three stories, with Council now considering increasing height to four stories, Miss Katherine Pearce told Council she is becoming just a little tired of the many variances allowed for one taxpayer; that she hopes she will receive like consideration from the Council for her property. vary, and askedMr. Locke to be sure Miss Pearce has a copy of regulations. Saying she does have this information, Miss Pearce asked, once again, for Council consideration of variances for her property when it is developing. Bredesen's remark that "anyone is entitled to sonsideration of a request", Miss Pearce suggested that what she wants is consideration with a like result, and was told that because each situation is different the results could not be forecast, but that consideration would certainly be given. No one else spoke from the floor, and no written objections had been received prior to the Hearing. Beim moved that requested variance be permitted. and carried. Mayor Bredesen explained to Miss Pearce that conditions At Mr. Motion seconded by VanValkenburg 2. MR. PETER J. LAMONT. 6100 XERXES AVENUE - PETITION FOR FRONT YARD SETBACK I OF 33 FEET. Yr. Locke explained that this request is for the purpose of building an attached garage on the north side of the house, which will obstruct the view from a picture window if the ordinance-required %-foot setback prevails. Mr. V. B. Oltman, 6104 Xerxes Avenue, asked that the ordinance be observed and the petition be denied. He objected to a zig-zag frontage pattern along the street, saying it devaluates the property; that when the Oltmans purchased their property they were promised that no new building could be built less than 35 feet from the street, Trustee Beim moved that petition be denied in view of objection. Mr. Gabler, 6108 Xerxes, told Council he does not object to the request at all, and that because of the space between the Oltman and Lamont homes he cannot see how this projection could make much difference. Mr. Lamont, saying his home has a four-foot overhang and garage will have only two-foot overhang, stated he feels that his shrubbery will completely cover the corner of the garage. Mr. Engler said that directly to the north of the Lamont home there is a series of older homes, that up on the other side there is another series--that the block presents no symmetrical look. Oltman once again asked that ordinance be enforced, saying that granting this permit will leave the Oltman residence the onlysone on the street which does not project beyond the established setback. Beim's motion denying request was lost for want of a second. accepted and that variance be granted. Motion was seconded by VanValkenburg and carried, with Beim and Tupa voting no. Mr. and Mrs. Oltman later requested a six months stay in the granting of the permit, so that the Oltmans might have an opportunity to sell. Mr. Dickson moved that Planning Commission's recommendation be No action taken. 3. MR. C. P. RANDALL, 6612 CHOWEN Am, SO, - PETITION FOR SIDE YARD SETBACK OF FIVE FEET. Mr. Locke explained that Planning Commission has recommended approval of this variance request because the five-foot setback is the general pattern inthe neighborhood. There were no objections made at-the Hearing, and none had been received prior thereto, and Tupa moved that variance from ordinance be granted. Notion seconded by Beim and carried. 4. MR. MIp;E DEWEY, 7004 HEATHERTON TRAIL - PETITION FOR NORTH-SIDE SIDE Planning Commission recommendations in favor of this YARD SETBACK. OF SIX FEET. variance (Ordinance requires a 10-foot setback) were reviewed. made at the Hearing, and no written objections had been received prior thereto, and Tupa moved that variance be granted. carried. No objections were Motion seconded by VanValkenburg and . AWARDED FOR SEVERAL IMPROVEMENT PROJECTS. Manager Hyde presented Engineer's ' tabulation of bids taken on several improvement projects, and action was taken as hereinafter recorded: h I* Ijf.. 'I,,,' 8/28/61 ,,I L 1. I CON'I$A$ .AWA~i?,,IB TO ,BLACK .TOP SERVXCE COHPANX FOB &%Xi Xbh&3kMENT NO. 1 8 1 BA-37 AND ASPHALT CONCWTE I4I2PUCmNT IN SCBAEPEB RUAD. showed receipt of only two bids--that of Black Top Service Company at $66,916.87 and Northwest Bituminous Co. at $69,166.12--for these two projects, being Street Improvement BA-37 (Edina Highlands Asphalt Paving and PCC Curb and Gutter) and Asphalt Concrete Pavement replacement in Schaefer Road at Westwood Court; Mr. Hyde told Council both bids are well below Estimate, that work has been scheduled for completion in 1962 but that given good weather in October it may be possible to complete then. Recommendation was for award to low bidder, and VanValkenburg so moved. Tabulation of bids Motion seconded by Dickson and carried. 2. CONTRACTS AWARDED FOR STREET IMPROVEMENTS E-14, AND E-15, SANITARY SEWER IMPROVEMENT NO, 190, AND STORM SEWER IMPROVEMENT NO. 69. Detailed tabulation of bids was presented, showing bids received for these four projects, showing receipt of a total of nine bids. on a tied-bid basis, with a Total Bid of $365,701.65 for completion of'work in 1961, $345,701.65 for completion in 1962. individual projects, low bidders are as follow&: No. 100 to France Avenue) - EcCree ~~cOmpan~;,a~..$~0~~152.00 for 1961 completion, $181,652.00 for 1962 comr>letion. uArcon Construction Company was low bidder However, based on bids for the For Street Improvement No. E-14 (Paving of W.7Oth Street from Highway -For Street Improvem&nt No. E-15 (Paving of Tracy Avenue from South of Benton Ave. to EIwy.#169) - Barton Contracting Company at $89,575.50 for 1961 completion, $83,075.50 for 1962 completion. - Sanitary Sewer Improvement No. 190 (Tracy Avenue) -'Northern Contracting Company, at $74,460.60 for completion either 1961 or 1962. 1962 completion date, and for award to the low "tied-bid" contractor even though low tied bid is $6,513.15 more than total of individual low bids, was reviewed by Council. The Captain's reasons for recommending award to the low "tied-bid" bidder were these: hazards of split responsibility for work if individual bids are awarded; additional administrative and inspection costs incurred with separate bids. Some considerable discussion was had on the Captain's recommendation. Manager Hyde added that there is no question on the relative merits of the contractors--that they are all good. understand why the tied-bid should be higher than total of individual bids, Mr. Dickson recommended award of individual bids. Mr. Beim asked why bids are lumped for sewer and paving work', these being two separate and completely different types of construction. Captain Gans answered that they are lumped for the reason that if the sewer trench is not properly compacted the paving may fail and that, after paving has failed, it is difficult to determine which of the contractors is responsible if different contractors have worked in the street. Telling Council he believes the Captain's point on divided responsibility is well taken but that he feels award of a "tied-bid" at a price higher than total individual bids defeats the purpose of taking tied bids, Dickson moved that contracts be awarded on the basis of low component bids, to McCree & Company, Barton Contracting Company and Northern Contracting Company, respectively. Motion seconded by Tupa and carried. For Storm Sewer Improvement No. 69 (Tracy Avenue-Hawkes Lake Outlet) and Captain Gans' written recommendation for contracts to be awarded on a Saying he cannot CONTRACT AWARDED FOR SANITARY SEWER IMPROVEMENTS NOS. 185, 186, 187. Tabulation of bids showed receipt of six bids, the "tied-bid" of Peter Lametti Construction Company being low bid at $26,535.45 for the three projects, and Northern Contracting Company high "tied-bid'' bidder with $28,171.30, none of the others having bid the tied-bid proposal, with the component bids of the other bidders being higher than tied bids. Peter Lametti Construction Company for the three projects, stating he is especially glad to receive such a good bid on the Belmore Lane sewer project. Beim's motion for award of contract to Peter Lametti Construction Company was seconded by Tupa and carried. Manager Hyde recommended award of contract to Broken down, contract is awarded as follows: SANITARY SEWER NO. 185 (Belmore Lane, etc,) $10,737.15 NO, 186 (Valley View Road, Chapel Lane to St.Patrick's Lane) $ 8,663.44 NO. 187 . (Heather Lane) $ 7,134.86 $26,535.45 COUNCIL AWARDS CONTRACT TO SWANSON EXCAVATING COMPANY FOR GRADING, DRAINAGE STRUCTURES AND PAVING, HIGHLANDS PARK AND CORNELIA-SCHOOL PARK. Manager Hyde reported receipt of two bids for the Highlands Park work--that of Victor Carlson & Sons at $8,147.00 and that of Swanson Excavating Company at $6,862.50--and only one bid for the Cornelia School-Park , that of Swanson Excavating Company at $8,306.50. was reviewed by Council, and Beim so moved. carried. Park Board's recommendation for award of both contracts to Swanson Motion seconded by Dickson and COUNCIL REJECTS SOD BID FOR HIGHLANDS PARK AND CORNELIA SCHOOL-PARK. Swanson Excavating Company's bid, being the only bid received and way above estimate, was rejected by motion Dickson, seconded by VanValkenburg and carried. Park Board had recommended rejection. 8/28/61 PUBLIC HEARING SCHEDULED FORMONDAY, OCTOBER 2, 1961 ON AMERICAN LEGION POST NO. 471 REQUEST FOR LIQUOR LICENSE. forth rules of conduct for the proposed Legion operation of an On-sale Liquor License at Cedric's, Mr. Richard E. Olson appeared before the Council on behalf of Post No. 471 request for license. is nothing in his letter to tell the Council how the operation is proposed to be financed. Stating that the Council's only consideration should be as to who is financing the operation, Mr. Olson told Council the Legion's agreement with Mr. Alfred B. Morgan, present owner of the "Cedric's" property,is absolutiiYy legal in all respects--a straight rental with option to purchase agreement, with no percentage of gross profits involved; also, that in letter presented Friday the Legion has indicated its willingness to allow Councilato examine its books at any time. Mr. Olson told Council that the American Legion will absolutely follow any ordinance, statute or law that is now on the books, relative to its operation; that, in addition, it will bend over backward to take suggestions from the Village; that all the Legion is asking for is equal treatment with two private clubs in the Village. clubs and yet deny this application. cation is not a reversal of the trend in evidence in Edina since the club licenses were issued. He stated he is at a loss to know bow the American Legion Post in Edina can control its membership. is "control", and that there has been a definite sentiment against on-sale liquor in Edina, Mr. Latham suggested that the people of Edina know something about the matter before a license is further considered. for opening a municipal cocktail lounge, and Mayor Bredesen told him that there had been some informal conversation about this, but that any plans would be only after a referendum. Asked by Mr. Latham if he objected to a public hearing, Mr. Olson said he must object only on the grounds that the Legion has had its request before the Council since April, and owner of Cedric's cannot wait much longer for Council's decision. many Legion Posts have been acused of violating the liquor laws. of no instance in which there had been any question that Legion Clubs have violated any laws. from en3cjying recreation with their friends, by not issuing a license. to live for many reasons, not the least of which is the fact that liquor is not for sale, on-sale, to the public; that he would object very strenuously to on- sale by either the Village or any other business. information for which they have asked; that they would like to know where the money is coming from, and the conditions under which the Legion expects to buy the building. that Council schedule public hearing for the first Monday in October at whichever of the school auditoriums is available for that evening. Dickson and carried. for the Legion for some time because he, a right to a drink with their friends. the Council wants to know where the Legion is getting its money for purchase of the building, what rate of interest is being paid, and terms of contract, Mr. Morgan told Council he will have no interest in the business except that he will be carrying contract for deed for the property. Supporting his letter of last Friday, setting Mayor Bredesen reminded Mr. Olson that there I ' He asked how the Council can conscientiously issue licenses to the Hr. Paul Latham told Council he is wondering if consideration of this appli- *. Stating that the trouble with the liquor business Mr. Olson inquired of the Council if there have not been plans by the Village Mr. E.C. Stow, speaking as a Legion member, asked Council to find out how He said he knew Mr. Stow stated he believes the Council is depriving non club members Mr. Austin D. Norton told Council that he finds Edina a good place in which Mr. Olson was reminded that the Council has not yet been given the financial Trustee Beim stated that he, too, would like to see a public hearing, and moved Motion seconded by Mr. Alfred B. Morgan told Council he has been holding the ."Cedric's" building too, believes that Legion members have At a statement fromllayor Bredesen that IMPROVEMENT PETITIONS ACCEPTED. and by motion Dickson, seconded by Beim and carried, were approved and referred to Village Engineer for programming: The following Improvement Petitions were presented, CURB AM) GUTTER AND BLACKTOPPING - Wilryan Ave., Valley View Rd. to NE W.62nd St. EURB AND GUTTER AND BLACKTOPPING - Chowen Ave., W.62nd St. to IJ.64th St. *BL%KTOPPI~JTG - W.62nd St., Concord Ave. to Birginia Ave. SPECIAL ASSESSMENTS HEARIEGS SCHEDULED. lation of costs on several improvement projects, asking that Assessment Hearings be scheduled in order that assessments can be levied this year. following Resolution and moved its adoption: Manager Hyde reported cobletion of tabu- Beim offered the RESOLUTION SANITARY SWER IMPROVEMENTS NOS. 159,170,175,177 & 178: WATERNAIN IMPROVENENTS NOS. 152, 154 & 156: STREET PROVIDING FOR SPECIAL ASSESSMENT HEARINGS IMPROVEMENTS A-122 & A-148, B-7O,B-71,B-72,B-75 BE IT RESOLVED by the Council of the Village of Edina as follows: 1. Tlie Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notices of Hearings forms hereinafter recorded, 8/28/61 and the amounts proposed to be assessed against the 'respective lots, pieces and parcels of land within the districts affected by said improvements, and said proposed 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 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. 1 8 ;$ open to public inspection 2. This Council shall meet at the time and place specified in the forms of Notice A NOTICE OF ASSESSMENT HEARING ON SANITARY SEWER IMPROVEMENT N0.159 NOTICE IS HEREBY GIVEN that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, September 18, 1961 at 7:OO o'clock P.M., to hear and pass upon all objectlons,if any,to the proposed assessment for the above improvement. This assessment is now on file in the office of the Village Clerk and open to public inspect ion : A. Road fromWest 66th Street to Hillside Road. The area proposed to be assessed for the cost of this improvement includes all lots and tracts of land within the following described boundaries: ''Comm. at the center of Sec.5,T.116,R.21; th. East along said centerline of section to the West right-of-way line of MH&S RR.; th,. NWly along said right-of-way to the NE Cor. of Lot 2, B1. 5, Valley View Heights Addn.; th. Wly along said lot line to the NW Cor. of said Lot 2; th. SWly to the SE Cor. of Lot 2, B1. 4, Valley View Heights Addn.; th. NFJly along the E. line of Lots 2 and 1, B1. 4, Valley View Heights Addn. to the NE Cor. of said Lot 1; th. W. to the SE Cor. of Lot 3, Bl. 4, Countryside Addn.; th. NWly along the E. line of sail Lot 3 to the NE Cor. of said lot; th. NEly to the SE Cor. of Lot 6, B1. 5, Countryside Addn.; th. Nly along the E. line of said Lot 6 to the NE Cor. thereof; th. SWly along the N. line of said Lot 6 to the SW Cor. of Lot 9, B1. 5, Countryside Addn.; th. NWly along the W. line of Lots 9 thru 13, B1. 5, Countryside Addn. to the NW Cor. of said Lot 13; th. Nly to the SE Cor. of Lot 4, B1. 6, Countryside Addn.; th. NWly along the E line of said Lot 4 to the NE Cor. thereof; th. NEly along the E. line of Lot 3, B1. 6 to the SE Cor. of Lot 2, B1. 6, Countryside Addn.; th. N. to the SE Cor. of Lot 12, B1. 3, Edina Countryside Addn.; th. N. along the E. line of said Lot 12 to the NE Cor. thereof; th. NEly to the SE Cor. of Lot 21, Warden Acres; th. N. along the E. line of said Lot 21 a dist. of 106.8 Ft.; th. W. at right angles to the W. property line of Lot 21, Warden Acres; th. SWly to the NE Cor. of Lot 11, B1. 3, Lyle 2nd Addn.; th. W. along the N. line of said Lot 11 to the SW Cor. of Lot 10, Block 4, Lyle 2nd Addn; th. N. along the West lines of Lots 10 and 9, B1. 3 and Lots 2 and 1, Bl. 2, Lyle 2nd Addn. to the NW Cor. of Lot 1, B1. 2, Lyle 2nd Addn.; th. W. along the N. line of Lyle 2nd Addn. to the NW Cor. of Lot 1, B1. 4, Lyle 2nd Addn.; th. North along the W. line of Lot 4, B1. 3, Broadmore Addn. and Lots 4, 3 and 2, B1. 1, Broadmore Addn. Eliason Replat a dist. of 402.3 Ft.; th. W. at right angles a dist. of 303 Ft.; th. S. at right angles a dist. of 1403.73 Ft.; th. SWly to a point 903 Ft. W. and 479 Ft. N. of the NE Cor. of the S. 14 rods of Govt. Lot 1, Sec,32,T.117,R.21; th. SEly to a point on the N. line of the 5. 14 rods of Govt. Lot, 1, said Sec, 32, said point being 270 Ft. W. of the NE Cor. thereof; th. SEly to the NW Cor. of Lot 1, B1, 1, Countryside Addn.; th. S. along the W. line of said Lot 1 to the SW Cor. thereof; th. SWly to the NE Cor. of the E. 5 acres of Govt. Lot 1, Sec.5,T.116,R.21; th. S. along the E. line of said East 5 acres of Govt. Lot 1, to the SE Cor. thereof; th. E. along the N. line of the N. 5 acres of the SE1/4 of the NW1/4 Sec.5,T.116,R.21 to the NE Cor. thereof; th. S. along the E. line of the N. 5 acres of the SE1/4 of the NW1/4 Sec.5,T.116,R.21 extended to a point 630 Ft. S. of the SE Cor. thereof; th. SWly to a point on the E-W1/4 line of Sec. 5,T.116,R.21 said point being 370 Ft. I?. of the center of said section; th. E. along the E-W1/4 line of Sec.5,T.116,$.21 to point of beginning.: B. Hillside Road to West 66th Street. includes all lots and tracts of land abutting the street improved. C. SANITARY DISTRICT SEWER - Construction of a 12' sanitary sewer in Valley View I 0 P era a c9a m I LATERAL SANITARY SEWICE TO SAID DISTRLCT SEWER - In Valley View Road from The area proposed to be assessed for lateral connections to the district sewer LAZmAL SANITARY SEWER - Construction of Sanitary Sewer and appurtenances in: Valley View Road from Hillside Road to MN&S RR; Hillside Road from Valley View Road to Tracy Avenue; Crescent Drive from Hillside Road to Westridge Blvd.; Westridge Blvd. from Valley View Road to N. line of Valley View Heights Addn.; Crest Lane; Whiting Ave. from Valley View Road to 420 Ft. West; Xracy Ave. from Whiting Ave. to Countryside Rd. ; Ridgeway Road from Tracy Ave. to 750 Ft. Easterly; Arbour Lane The area proposed to be assessed for the cost of the above improvement includes . all lots and tracts of land abutting the streets improved. if34 i 8/28/61 Assessments for the above improvements will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. one year on all unpaid installments. of the assessment with interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. To each subsequent installment will be added interest at the same rate for The owners of any property assessed for the above improvement may pay the whole BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk Notice B NOTICE OF ASSESSMENT HEARINGS ON SANITARY LATERAL SEWER NO. 170 & 175, ' EATERAL WATERMAIN NO. 152 NOTICE IS HEREBY GIVEN, that'the Council of the Village of Edinawill meet at the Edina Village Hall on Monday, September 18, 1961 at 7:OO o'clock P.M., to hear and pass upon all objections, if-any, to the proposed assessment for the above improvements. These assessments are now on file in the office of the Village Clerk and open to public inspection. SANITARY LATERAL SEWER NO. 170. - Construction of Sanitary Lateral Sewer and Appurtenances in: Croyden Lane from Doncaster Way to Lochloy Drive; Lochloy Drive from Croyden Lane around. the loop and back to Croyden Lane; Ayrshire Blvd: from Lochloy Drive to 200 feet South. SANITARY LATERAL SEWER NO. 175 - Construction of Sanitary Lateral Sewer and appurtenances in:' Duncraig Ayrshire Blvd. from Duncraig Road to the South side of Highway NO. 169; Road from the North end of Duncraig-Road to Ayrshire Blvd.; thence Southwesterly across the Village Park to the intersection of Warden Avenue and Carol Drive. .. .LATERAL WATERMAIN NO. 152 - Construction of VillageNatermain and appurtenances in: Doncaster Way from the North line of Rosendahl's 2nd Addn. to Edina Highlands to Croyden Lane; - Croyden Lane from Doncaster Way to Lochloy Drive; Lochloy Drive from Croyden Lane around the loop and back to Croyden Lane;. Duncraig Road from Ayrshire Blvd. to the North end of Duncraig Road; thence Westerly on an easement to Lochloy Drive; Ayrshire Blvd. from Lochloy Drive to State Highway No. 169; State Highway No. 169 from Ayrshire Blvd. to Hansen Road. The area proposed to be assessed for the cost of the improvements above includes Assessments for the above improvements will be payable in ten equal consecutive - . all lots and tracts of land abutting the streets improved. annual installments over a period of tenoyears with first year payable with the taxes for 1961 collectible in 1962,*with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE: VILLAGE COUNCIL. * GRETCHEN S. ALDEN . Theowner of any property assessed for the above improvements may pay the whole Village Clerk Notice C NOTICE OF ASSESSMENT HEARINGS ON LATERAL WATERMAINS NO. 154 & 156 SANITARY LATERAL SEWER NO. 177 & 178, NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on September 18, 1961, Monday, at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the above improvements. These assessments are now on file in the office of the Village Clerk and open to public inspection. SANITARY LATERAL SEWERNO, 177 - In Wooddale Avenue fromW.70th Street to 270 Ft, North. SANITARY LATERAL SEWERNO, 178 - In Hankerson Ave. from Interlachen Blvd. to 305.8 Ft, CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES: South. . CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES: LATERAL WATERMAIN NO. 154 - In Wooddale Ave. fromW.7Oth Street to 295 Ft. North LATERAL WATERMAIN NO. 156 - In Hankerson Ave. from Interlachen Blvd. to W.5lst Street The area proposed to be assessed for the cost of the above improvements includes all lots and tracts of land abutting the respective streets improved. Assessments for the above improvements will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. rate for one year on all unpaid installments. To each subsequent installment will be added interest at the same I* .. .8/28/61. . 885 The owners of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer on or before Rovember 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk Notice D NOTICE OF ASSESSMENT HEARINGS ON STREET IMPROVEMENTS NOS. A-122 & A-148 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, September 18, 1961, at 7t00 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the above improvements. These assessments are now on file in the office of the Village Clerk and open to public inspection. Sidewalk STREET IMPROVEMENT NO. A-122 - Construction of Asphalt Concrete Paving,/and Concrete Curb and Gutter in Southview Lane from State Highway No. 100 to Concord Avenue. The area proposed to be assessed for a portion of the cost of the above improvement includes all lots and tracts of land abutting the street improved. Assessments for the above improvements will be payable in five equal consecutive annual installments over a period of five years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. STREET IMPROVEMENT NO. A-148 - Construction of Asphalt Concrete Paving in Melody Lane from Melody Lake Drive to Grove Street. The area proposed to be assessed for the cost of the above improvement includes all lots and tracts of land abutting the street improved. Assessments for the above improvements will be payable in five equal consecutive annual installments over a period of five years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. The owners of any property assessed for the above improvement may pay the BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk Notice E NOTICE OF ASSESSMENT HEARINGS ON CURB & GUTTER IMPROVEMENTS NOS. B-70, B-71, B-72 AND B-73 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, September 18, 1961, at 7700 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the above improvements. These assessments are now on file in the office of the Village Clerk and open to public inspection: No. E-70 - In Oaklawn Avenue fromW.58th St. to W.59th St, CONCRETE CURB & GUTTER IMPROVEMENTS: NO. B-71 NO. E-72 NO. B-73 The includes - In Brookview Ave. fromW.6lst St. to W.62nd St. - In Warwick Place from the E. line of Lot 17, El. 1, Edina Park to W.56th St., and In Warwick Place from the NE corner of Lot 1, Block Westchester Knolls to W.56th St. - In Woodcrest Drive to include Lots 2, 3 and 4 and Outlot A, Block 2, Shady Pines Addition (West side only). area proposed to be assessed for the cost of the above improvements all lots and tracts of land abutting the streets improved. 3, Assessments for the above improvements will be payable in five equal consecutive installments over a period of five years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To'each subsequent installment will be added interest at the same rate for one year on all unpaid installments. whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued intcrest to the County Treasurer. The owners of any property assessed for the above improvements may pay the BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Motion for adoption of Resolution was seconded were five ayes and no nays, as foll VanValkenburg, aye; and Bredesen, 8/28/61. - %lNNBHAHA CREEK WATERSHED" MEETING ias t Wednesday evening, called by County Commissioners, was reported on by Mr. Hyde, who stated that those present received plans for a considered improvement to Minnehaha Creek in the Village of Minnetonka; that plans were based on 8 two year old survey which Edina has never seen; that he, on behalf because it is felt there is some difference between the Minnehaha Creek and the Nine-Xile Creek Watersheds, generally. He told Council St.Louis Park had joined in this request, and he believes that this is what has happened, although he has not seen the report as yet; that he will keep Council informed. Mr. Stow told Council that in January he had seen a plat on the wall in the Village Hall, showing Nine-Mile Creek changed on his property and taken to the west, which would put it on high ground rather than on low ground where it is now; that at that time he had stated he is not in favor of this change. final plan, and was told that we do have one; that we have asked for a 90-day delay in approving; that from a planning and engineering standpoint we have no objection to over-all plan. and would like me. on hand. of Edina, had requested an opportunity to study the engineer's report He asked if the Village now nas a I Mr. Stow told Council he has never received a plan He was referred to the AdolphMeyer office, which has them SANITARY SEWER CONNECTION HEARING FOR EDINA HIGHLANDS AUTHORIZED. Manager Hyde reported to Council that at the time the Edina Highlands sanitary sewer project was being planned and constructed, the property south of Highway No. 169 was in "preliminary" stage and was proposed to be developed very soon; that, because of a change in plans for Highway #169 development of this property did not go forward; that the developer is not in a position to jmprove the property at this time and, therefore, the Village does not yet have a connection to the trunk sewer for the Edina Highlands Sewer, which is now ready to assess. Council that under ordinary circumstances the developer would be required to install the sewer himself, but that it is vital that we do have the connection for the sewer already installed, Manager Hyde asked for authority to advertise for a public hearing on this project. ment, consensus being that property be assessed over a term of three years rather than the usual ten-year term. Telling Some discussion was had on term for assess- (See following resolution authorizing Public Hearing). PUBLIC HEARINGS AUTHORIZED ON PROPOSED IMPROVEMENTS. there are some improvements for which Public Hearings should be had at the earliest possible time, and Dickson offered the following Resolution: Manager Hyde told Council I RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED SANITARY SEWER AND WATERMAIN IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: as to the feasibility of the proposed SANITARY SEWER AND WATERMAIN IMPROVEMENTS described in the Form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. consider the following proposed improvements to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. improvements is estimated as set forth in said Notice; and the views of all persons interested in said proposed improvement shall be considered by the Council in said meeting. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not,less than three days from date of said meeting, which notice shall be in subatantially the following form: NOTICE OF PUBLIC HEARINGS ON 1. The Village.Engineer, having submitted to the Council a preliminary report 2. This Council shall meet on Monday, September 11, 1961, at 7:OO P.M., to The approximate cost of said 3. SANITARY SEWERS AND WATERMAIN EDINA VII;LAGE COUNCIL will meet at the Edina Village Hall on Monday, September 11, 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 cos A. t of said improvements is estimated by the Village as set forth below: ESTIMATED COST CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: 1. Schaefer Rd. from Interlachen Blvd. to 900' South; 2. In an Easement Line from Interlachen Blvd. to 354' N. $25,631.15 In the following streets-as proposed in the Preliminary Plat of Edina Parklands Addition, lying E. of Johnson Dr. and Iiwy.#169 - IJarden Ave. from Johnson Drive to Gate Park Road. Ridge Park Road from Warden Ave. to Johnson Drive Gate Park Road from Warden Ave. to Hwy.#169 $20,390.52 M 8/28/61 CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES XN.THE: FOLLOWING f B. 1. West 56th St. fromMirror Lakes Drive to Dundee Rd.; Zn an Easement line from Dundee Rd. to Heather Lane; Heather Lane; my. t169-212 from Heather Lane to Eden Prairie Rd.; Eden Praixie Rd. from Hwy.1169-212 to Blake Rd.; Blake Rd. from Eden Prairie Rd. to Hwy.#l69-212; Hwy.#169-212 from Blake Rd. to Gleason Rd. ; Gleason Rd. from Hwy.#169-212 to Valley View Rd.; Valley View Rd. from Gleason Rd. to Antrim Rd. $192,863.35 The area proposed to be assessed for the cost of the proposed improvement under A-1 above includes Lot 1, B1. 1, Wayne Terrace Addn.; Lots 4 & 5, B1. 1, Harold Woods Addn.; Lots 1 & 2, Bl. 1, Harold Woods 2nd Addn.; Lots 11, 25, 2,6, & 27, Auditor's Subdivision #325; and South 1/2 of B1. 28, Mendelssohn Addn. under A-2 above includes all lots and tracts of land abutting the proposed streets as given on the proposed Preliminary Plat of Edina Parklands Addn. under B-1 above includes all lots and tracts of land within the following described boundaries: "Connnencing at the intersection of the centerline of U.S. Hwy.#169-212 and the W. line of Sec. 6, T. 116, $. 21; thence Southerly along the W. line of Sec. 6, and 7, T. 116, R. 21 to the S.W. corner of Sec. 7;{thence Easterly along the S. line of Sec. 7 a distance of 550 feet; thence Northerly, parallel with and - 550 feet Easterly of the West line of said Sec. 7 to the N. line of the S. 1/2 thereof; thence Easterly along the N. line of said S. 1/2, a distance of 400 feet; thence Northerly parallel with and 950 feet Easterly of the $q. line of Sec. 7, to the N. line of the SW1/4 of the NW1/4; thence Easterly along the N, line of the SW1/4 of the NW1/4 and the SE1/4 of the NW1/4 to the centerline of County Road 39 (Valley View Rd.); thence Southerly, Easterly and Northerly along said centerline to its intersection with the S. line of the NE1/4 of the NW1/4 of Sec. 7; thence Easterly to the SW corner of the NE1/4 of the NE1/4 of said Sec. 7; thence Northerly to the NW comer of the S. 10 acres of the NE1/4 of the NE1/4; thence Easterly along the N. line of said S. 10 acres to the NE corner thereof; thence Northerly along the E. lines of Sections 7 and 6, T. 116, Range 21 and their Northerly extension to the centerline of U.S. Hwy.#l69-212; thence Northeasterly along the centerline of said U.S. €hy.to its intersection with the Southerly extension of the West line of Lot 7, B1. 2, Mirror Lakes Meadow-Wood Second Addn. to Edina Highlands; thence Northerly along the W. line of said Lot 7 and its Southerly extension to the SE corner of Lot 6, B1. 2, Mirror Lakes Meadow-Wood Second Addition to Edina Highlands; thence Westerly, Northwesterly and Northerly along the Southerly and Westerly lot lines of said Lot 6 to the NW corner thereof; thence Westerly along the Northerly lot line of Lot 5 said B1. 2 to the NIJ corner thereof; thence Northerly along the Easterly line of B1. 1, Highwood Addn. to Edina Highlands to the N.E. corner of said B1. 1; thence Westerly to the NW corner thereof; thence Southerly along the W. line of said B1. 1, and its Southerly extension to the centerline of Highwood Drive; thence Westerly along said centerline to the W. line of West Highwood Drive; thence Southerly along said W. line of West Highwood Drive to its intersection with the N. line of B1. 3, Valley Park; thence Westerly along the N. line of said B1. 3 and its Westerly extension to the W. line of Blake Rd.; thence Southerly along the N. line of Blake Rd, to the NE Corner of Lot 10, B1. 1, Parkwood Knolls 8th Addn.; thence Southwesterly to the N.W. comer of said Lot 10; thence Southwesterly, Northeasterly and Northwesterly along the rear lot lines of Lots 1 thru 10, B1. 1, Parkwood Knolls 8th Addn. to the most Northerly corner of Lot 1, said 381. 1; thence Northwesterly to the S.E. corner of Lot 5, B1. 2, Parkwood Knolls 5th Addn.; thence Northwesterly along the rear lot lines of Lots 1 thru 5 said Block to the S.W. corner of Lot 1, said B1. 2; thence W. a distance of 30 feet more or less to the W. line of the SE1/4 of the NE1/4 of Sec. 31, T.117, R.21; thence Southerly along said W. line and the W. line of the NE1/4 of the SE1/4 to its intersection with the centerline of U.S. Hwy.#169-212; thence Southwesterly The area proposed to be assessed for the cost of the proposed improvement The area proposed to be assessed for the cost of the proposed improvement along said ' centerline to the point of beginning. Also included are Lots 7 .and 8, Block 2, Mirror Lakes Edina Highlands and the NW1/4 of the SW1/4 of Sec. 5, ' GRETCHEN S. ALDEN Village Clerk Motion for adoption of the Resolution was semd by Meadow-Wood 2nd Addn. to T. 116, R. 21. VanValkenburg, and on Rollcall there were five ayes and no n Tupa, aye; VanValkenburg, aye; and Bre , aye; and the. . 188 ,#.. + ... I‘ . ,,‘.I”,.”.<.. ,. , x BIDS FOR ’SANITARY SGEi IMPROVEMENTS NO; 188 AND 189 POSTPONED ’TO SEPTEIkER 8. Manager Hyde told Council that bids scheduled for receipt today on the above improve- 8/28/61 .- - 8/28/61 .- 188 ,I.._, + ... I‘ . ,,‘.I”,.”.<.. ,. , x BIDS FOR SANITARY SGEi IMPROVEMENTS NO; 188 AND 189 POSTPONED ’TO SEPTEIkER 8. Manager Hyde told Council that bids scheduled for receipt today on the above improve- ments cannot be taken until September 8, because estimate of cost is over $100,000; that correction has been made in advertisements for bids in Courier and Construction Bulletin. Advertisement correction confirmed, by motion Dickson, seconded by VanValkenburg and carried. . BIDS AUTHORIZED FOR SEPTEMBER 11 AND 22, 1961. At the request of Manager Hyde for authorization to advertise for bids for4 several improvement projects now under consideration, Beim offered the following Resolution and moved its adoption: RESOLUTION APP~~~~G’-~P~S,’BNDTGPECIEIC~TIONS FOR PROPOSED SANITARY SEWER, WATERMAIN, AND GRADING AND GRAVELING IMPROVEMENTS, AND DIRECTING ADVERTISEMENTS FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: AND GRADING AND GRAVELING IMPROVEMENTS set forth in the following Advertisement for Bids forms, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published twice in the Edina-Morningside Courier and the Construction Bulletin the following notices for bids for said respective improvements t 1. The plans and specifications for the proposed SANITARY SEWER, WATERMAIN, Notice 1. ADVERTISEMENT FOR BIDS SANITARY SEWERS ti WATERMAIN 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, September 11, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, September 11, 1961, to consider said bids, being for the following: A. CONSTRUCTION OF VILLAGE SANITARY SETJER AND APPURTENANCES IN THE FOLLOWING STREETS AS PROPOSED ON THE PRELIMINARY PLAT OF EDINA PARKLANDS ADDN. LYING EAST OF JOHNSON DRIVE AM) HIGHWAY. B169: Warden Ave. from Johnson Dr. to Gate Park Rd.; Ridge Park Rd. from Warden Ave. to Johnson Dr.; Gate Park Rd. from Warden Ave. to Iiwy.8169. B. CONSTRUCTION OF VILLAGE SANITARY SEWER AND l?ATERMAIN AND APPURTENANCES IN THE FOLLOWING.: North line of Lot -1, Block 5, EdinatHighlands from Ayrshire Blvd. to West line of Lot 6, Block 5, Edina Highlands. Work must be done as described in plans and specifications.on file in the office of the Village Clerk. (by check), 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 Cierk in the amount of at least ten (10) per cent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications ar available for a deposit of $10.00 The Council reserves the right to reject any or all bids. GRETCHEN S. ALDEN Village Clerk Notice 2. ADVERTISEMENT FOR BIDS GRADING AND GRAVELING SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801W. 50th St., at 11:OO A.M., Monday, September 11, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, September 11, 1961, to consider said bids, being for the following: CONSTRUCTION OF GRADING AND GRAVELLING IN THE FOLLOWING STREET: Josephine Ave. fromW.64th St. to W.65th St. Mork must be done as described in plans and specifications on file in the office of the Village Clerk. (by check), which deposit will be refunded upon return of said plans and specifi- cations. -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 (10) percent of amount of base bid. any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a deposit of $10.00 The Council reserves the right to reject GRETCHEN S. AISEN Village Clerk Notice 3. ADVERTISEMENT FOR BIDS WATERMAIN SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801W. 50th St., at 11:OO A.M., Friday, September 22, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, September 25, 1961, to consider said bids, being for the following: CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLQilING: 11 W. 56th St. from Mirror Lakes Dr. to Dundee Rd. In Easement line fromDundee Rd. to Heather Lane. Heather Lane. Iiwy.#169-212 from Heather Lane to Eden Parairie Road. Eden Prairie Rd. from Hwy.#169-212 to Blake Rd. Work 8/28/61 Blake Rd. %y.$169-212 from Blake Rd. to Gleason Rd. Gleason Rd. from rrWy.#169-212 to Valley View lid. Valley View Rd. from Gleason Rd. to Antrim Rd. must be done as described in plans and specifications on file in the from Eden Prairie. Rd. to Hwy.#169-212 189 office of the Village Clerk. deposit of $25.00 (by check), which deposit will be refunded upon return of said plans and specifications. accompanied by cash deposit, bid bond or certified check payable to the ' Village Clerk in the amount of at least ten (10) percemt of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a 1 No bids will be considered unless sealed and The Council reserves the right to reject any or all bids. GRETCHEN S. ALDEN Village Clerk 3. Each and all of the terms of the foregoing advertisements for bids .are hereby adopted as the terms and conditions of award of the contract for said improvement. Motion for adoption of Resolution was s there were five ayes and no nays, as fo VanValkenburg, aye; and Bredese which the culated. , suction. used as a "SWIMMING POOL" ORDINANCE NO. 124 ADOPTED. Some considerable discussion was had on the proposed Ordinance No. 124 submitted to the Council at its last mzeting; and Beim offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: AN ORDINANCE REGULATING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIMMING POOLS: PRESCRIBING STANDARDS BND REQUIREMENTS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIMMING POOLS AND SWIMMING POOL EQUIPMENT AND APPARATUS: PRFXCRIBING DUTIES AND RESPONSIBILITIES OF THE HEALTH OFFICER AND BUILDING SUPERINTENDENT: AND PRESCRIBING PENALTIES FOR THE VIOLATION ORDINANCE NO. 124 OF ITS PROVISIONS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include those in the plural number. dicectory. deputy. bathing, over 24 inches in depth, or with a surface area exceeding 150 square feet. or intended to be used, as a swimming pool in connection with a single family residence, and available only to the family of the householder and his private guests. than a private swimming pool. The word "shall" as used herein is mandatory and not merely "Health Officer" is the Health Officer of the Village or his %wiming Pool" is any constructed pool, used for swimming or "Residential swimming pool" is any constructed pool which is used, "Public or semi-public swimming poolt* is any swimming pool other "Main outlet; ^is the outlet at the deep portion of the pool through main flow of water leaves the pool when being drained or being recir- "Main suction" is the line connecting the main outlet to the pump "Vacuum fitting" is the fitting in the wall of the pool which is convenient outlet for connecting the underwater suction cleaning equipment. the pump suction. from the filter to the pool. enters the pool. "Vacuum piping" is the "Return piping" is the "Inlet" is the fitting piping which connects the vacuum fitting to piping which carries the filtered water or opening through which filtered water "Face piping" is the piping with all valves and fittings which is "Recirculating piping" is the piping from the pool to the filter "Backwash piping" is the piping which extends from the backwash tlFilterly is a material or apparatus by which water is clarified. "Underdrain" is an appurtenanqe at the bottom of the filter to used to connect the filter system together as a unit. and return to the pool, through which the water circulates. outlet of the filters to its terminus at the point of disposal. assure equal distribution of water through the filter media. 8/28/61 "Filter element" is the part of a filter device which retains the filter "Recirculation skimmer'' is a device connected-with pump suction used media. to skim the pool over a self-adjusting weir and return the water to the pool through the filter. particles. "Filter media" is the fine material which entraps the suspended "Filter sand" is a type of filter media. "Filter rock" is graded rock and gravel used to support filter sand. "Filter aid" is a diatomite type of filter media. "Diatomite type filter" is,a filter designed to be used with filter aid. t'Diatomitell (dihtomaceous earth) is a type of filter aid. 'ySkimner-filteri' is a recirculating skimmer with a filter forming an "Filter septum" is that part of the filter element in a diatomite-type "Precoat" is in a diatomite-type filter the initial coating of filter "Body feet" is filter aid fed into a diatomite-type filter throughout "Filter cartridge" is a disposable filter element which employs no "Cartridge filter" is a filter using filter cartridges. "Design rate" is the average flow rate over the filtration cycle. "Pool depth" is the distance between the floor of the pool and the "Pool deck" is the finished area around the pool. #'Width and length" shall be determined by actual water dimensions. "Lifeline anchors" are the rings at transition point. "Transition point" is the point between shallow and deep area. "Pgol wall" is that portion of the pool that is vertical "Pool floor1' is that portion of the pool that is horizontal integral part of the device. filter, upon which a cake aid placed on the filter septum at the start of the filter cycle. the filtering cycle. filter aid. of diatomite is deposited. maximum operating level when pool is in use. - or inclined more than 45 to the vertical from the horizontal. inclined less than 45' to the vertical from the horizontal. or Section 2. App roval by Health Officer and Building Inspector, Construction Permit. Before work is commenced on the construction of a swimming pool, or any alteration, addition, remodeling or other improvement to a swimming pool, three sets of identical plans and specifications and pertinent explanatory data shall be submitted to the Health Officer for approval relative to design, operation and maintenance insofar as health and safety features are concerned in accordance with the standards prescribed by this ordinance, and a permit shall be obtained fromthe Building Inspector. to design for structural stability. permit for a swimming pool until the plans and specifications therefor have been endorsed and approved by the Health Officer. for any repair to a swimming pool. explanatory data required to be submitted with an application for a permit to construct a swimming pool or any alteration, addition, remodeling or other improve- ment to a swimming pool shall comply with the provisions of this ordinance and include the following plans and information as well as such other data as may be reasonably requested by the Health Officer and Building Inspector:. Plans shall show, but not be limited to showing, the general layout of the entire building lot on which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewers and sewage disposal sys- tems, utilities (electric, gas, telephone, etc.) or other sources of contamination within 50 feet of the pool and be drawn to a scale of not smaller than one-fourth inch - one foot, thus indicating all dimensions, including the effective length, width, depth, and width of the pool deck and similar items. Approval by the Health Officer shall not pertain The Building Department shall not issue a A permit shall also be obtained Section 3. Plans to be Submitted. Plans, specifications and pertinent (a) (b) (c) (d) make-up water lines, vacuum lines, waste and discharge lines, circulation and other piping. chlorinators, chemical feeds, flow meter gauges, sight glass, strainers, hair and lint interceptros, if one is proposed, the dimensions of the filter room, its location, floor drain, sumps and other pertinent information. The liquid capacity of the pool. The kind, number and size of filters, including the square footage of Rated capacity of the filter in gallons per minute. A description of chemical feeds for soda ash and alum, if used. The type, kind and description of chlorinator to be installed. Cross-sectional views of the pool. A cross section of scum gutters and/or skimmers. Pipe diagrams showing material and size of all pipes, inlets, outlets, (e) The pool equipment layout, showing filters, their location, pumps, (f) (g) (B) (i) (j) (k) The type and range of testing equipment, including chlorine. (1) Source of water supply. the filter area in each unit. I' I I. 8/28/61 Construction in Accordance with Approved Plans: Deviations1 9 1 Section 4. All swimming pools, appurtenances, water supply and drainage system and other features shall be constructed in conformity with the approved plans. deviations from such plans are desired, a supplementary plan covering that the provisions of this ordinance. Section 5. Permit Fees. The fee for a permit for the erection or oan- struction of a swimming pool shall be $10.00 for each 500 square feet of surface area and $1 for each additional 100 square feet or fraction thereof of surface area of the proposed pool, as shown by the plans and specifications submitted with the application for permit. The fee for a permit for any alteration, addi- tion, remodeling or other improvement shall be $10.00, and for any repair shall be $5.00. equipment and materials, shall comply with the following requirements: to withstand the expected forces to which it will be subrjected. The walls and floor of a pool incorporating a plastic liner shall be of masonry construction, shall be vertical. No right angle projection shall be permitted with exception of steps at shallow end. The slope of the €loor on the shallow side of the transi- tion point shall not exceed one foot vertical to ten feet horizontal. The transi- tion point between shallow and deep water shall occur in a water depth of at least five feet, provided that this may be four and one-half feet if a safety line is erected at this point. The maximum slope where water is fhve feet or more in depth shall not exceed one foot vertically in each three feet horizontally, pro- vided that the floor slope from the point of maximum depth to the deep end wall may be one foot vertically in each one foot horizontally. constructed and arranged in such a manner that nosplash or overflow water shall return to the pool. the pool. Finish and Cove. Pool floor and walls shall have a cleanable, white or similar light-colored and impermeable surface. The pool floor shall be skid resistant. There shall be a minimum cove or rounded floor of one inch radius or more of the pool floor and wall, or other such interior construction. Where the water depth is less than five feet, the maximum radius of such cove shall be twelve inches. coping not over two and one-half inches thick for the outer two inches or an equivalent approved handhold. above the normal water line and shall extend around the entire periphery of the If any portion of the work involved shall be filed for approval and shall conform to ! Section 6. Construction. The design and construction, as well as all (a) Structural Design. The pool structure shall be engineered and designed (b) Wall Design, To a depth up to three feet from the water leve1,the wall (c) Floor Slopes. (d) Overflow and Surface Drainage. The pool and surrounding area shall be No surface or roof drainage shall be permitted to enter (e) (f) Handholds. Handholds shall be provided and consist of a bull-nosed The handhold shall not be more than nine inches pool. (g) Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around the pool. of impervious material, and the surface shall be such as to be smooth and easily cleaned and of non-slip construction. one-fourth inch to the foot, designed so as to prevent back drainage into the pool. inches in diameter; drain openings shall have an open area of at least four times the cross-sectional area of the drain pipe. have indirect connection to the sanitary sewer. connected to the recirculation system piping. (h) or ladders shall be provided for all private residential swimming pools. east one such means of egress shall be located on a side of the pool at the deep end and one at the shallow end of the pool, Treads of steps and ladders shall be constructed of non-slip material and shall be at least three inches wide for their full length. Ladders and step holes shall have a handrail on both sides. The deck area shall be constructec The deck shall have a pitch of at least If deck drains are provided, drain pipe lines shall be at least two The deck drain system shall The deck drains shall not be Two or more means of egress in the form of steps Steps or Ladders. At Steps shall be located only at the shallow end of a pool. (i) Diving Area. Minimum depths and area shall be as follows: Boards Deck Level Inter- mediate 1 Meter Minimum Maximum Water Depth Distance Five Feet Above from Tip of Water Diving Board 18" 8' 30 Ir 8' 39.37" 8%' Distance of Deep Point from Diving Wall 10' 11' 12 ' Minimum Distance Distance From Side from Deep Minimum Wall to Doant to Diving Transition Board Center of nr . Overhang Board. 10' 2%' 7' 11' 2%' 7%' 12' 3' 8' 8/28/61 At least 13 feet of free and unobstructed headroom shall be provided above diving boards. above the high water line indicating the greatest depth in feet. shall be securely anchored. The minimum depth for all pools hereafter constructed shall be 8 feet. One depth marking shall be provided in the deck or the wall of the pool Diving structures Section 7. Filter Characteristics. (A) Filters in General. Every pool shall be equipped with a recirculating system capable of filtering the entire contents of the pool in twelve hours or less. to permit the ready identification, through an eight foot depth of water, of a disc two inches in diameter, which is divided into four quadrants in alternate colors of red and white. (2) Filter capacity shall be such that it need not be cleaned more frequently than once every four (4) days under proper conditions of water and operation. pressure gauges to determine the pressure differential and frequency of cleaning. All other filters shall be equipped with at least one pressure, vacuum or com- pound gauge, as applicable, which shall be positioned in such a way as to deter- mine the differential across the filter and the need of cleaning. (4) All pressure filter systems shall be equipped with an air release at the high jioint in the system. (5) Operating instructions shall be posted on every filter system. All valves shall be properly designated, indicating their purpose. (6) Where dissimilar metals are used in the construction of the filter, which may set up galvanic currents, then suitable provision shall.be made to resist electrolytic corrosion. (7) disassembled and the filter elements removed. (B) Pressure Filters. Pressure filter systems utilizing sand or other equally effective filter media acceptable to the Health Officer shall be designed and installed to operate at a rate not to exceed three gallons per minute, per square foot of filter area and to backwash at a minimum rate of twelve gallons per minute, per square foot of surface area. tions €or non-code pressure vessels, with the exception that standard type dished and flanged heads may be used. working pressure and tested at 150 PSI. tive distribution of at least 25% of the cross sectional area of the tank. Tanks shall not be placed underground. Filter tanks shall be supported in a manner to prevent tipping or, settling. (1) Filters shall be capable of maintaining the clarity of the water (3) All pressure filters shall be equipped with influent and e'ffluent Filters shall be so designed and installed that they can be readily (1) Filter tanks shall be fabricated to meet the 1956 ASME Specifica- Tanks shall be built for a minimum of 50 pounds I The filter underdrain shall have an effec- (2) (C) Filter Media Specifications for Sand Filters. (1) The principal filter medium shall be, as a minimum, a hard, uniformly graded silica material with effective particle sizes between 0.45 and 0.55 milli- meters in diameter, with uniformity co-efficient of 1.75. stone, clay or deleterious matter present. depthwith a freeboard of no less than 12 inches. clean, non-crushed, rounded, non-porous, non-calcareous material. 16 inches and each grade shall be two inches or greater in depth. rock shall be 'leveled to prevent intermixing of adjacent grades. (5) quarter inch. one-half inch. three-quarters inch. one and one-half inches. (6) used subject to approval by the Health Officer. (7) results which are equal to or better than that above. There shall be no lime- (2) (3) (4) The principal filter medium shall be no less than 20 inches in There shall be no less than four grades of rock, which shall be The total depth of the rock supporting bed shall be no less than Each layer of The top lay shall vary in size between one-eighth inch and one- The next layer shall vary in size between one-quarter inch and The next layer shall vary in size between one-half inch and The bottom layer shall vary in size between one inch and Other filter media and related filter and backwash rates may be Patented underdrain systems may be used provided that they give (D) Diatomite Type Filters. (1) pressure or vacuum. effective filter area. (2) true and effective supported septum surface. area computation will be made on the basis of measurements of the septum support in a reasonably constant plane. septum fabric or deviations in the septum surface which could easily bridge. plastic or other suitable material, which will satisfactorily provide resistance corrosion, with or without coating. pressure equal tothe shut-off head of the pump, with a safety factor of four. Diatomite type filters shall be designed for operation under The design capacity shall not exceed two gpm per square foot of The determination of the filter area shall be made on a basis of a In the case of fabric septums, the Area allowance shall not be granted for folds in the (3) The tank containing the filter elements shall be constructed of steel, Pressure filters shall be designed for a working to 193 8/28/61. Vacuum filters shall be designed to withstand the pressure developed by the weight of the water contained therein and closed vacuum filters shall, in addition, be designed to withstand the crushing pressure developed under a vacuum of 25 inches of mercury, both with a safety factor of 3.5, which is corroded by water, then a suitable corrosion resistant coating shall be applied to retard such attack. (4) The filter elements shall be fabricated of corrosion-resistant materials throughout. They shall be designed to be adequately resistant to a di’fferential pressure between influent and effluent of not less than the maxi- mum pressure, which can be developed by the circulating pump and shall be of adequate strength to resist any additional stresses developed during the clean- ing operation. The filter septum, on which the filter-aid cake is deposited, shall be provided with openings, thepminimum dimensions of which shall be not greater than 0.005 inches. in such a way as to evenly precoat the filter septum before the filter is placed in operation. same protection to the filter septum as would be provided by the use of 0.1 lbs, of filter aid per square foot of filter area per 24 hours. equipment to provide body feed to the filter influent is optional. vided, such equipment shall have the capacity to continuously and uniformly feed at a rate of not less than 0.1 lbs. of filter aid per square foot of filter area per. 24 hours. operation, the effluent from the filter shall be recirculated or run to waste and shall not be fed into the pool until free of filter aid. An exception to this requirement may be made if the filter septum is of such constfruction that no perceptible quantity of filter aid is introduced into the pool when the effluent discharges therein. cartridge itself is the filter aid. or vacuum type and are subject to the same general piping and tank specifications as diatomite-type filters. depth and area. ridge filters shall not require the addition of any flocculating agents such as ammonium, alum, aluminum suTfate or potassium alum. They shall be subject to the same requirements listed under subsection (A) of this section for all types of filters. All type of cartridges shall have susficient structural strength to resist rupturing, channeling, collapsing, or bursting at a maximum pressure differential of 50 psi. by-passing of unfiltered water. not permit any backwash water to enter the recirculating system. shall be permitted to remain in the filter-housing that could be picked up in the next filtering cycle. * 1 In either type filter where the tank is fabricated from material (5) Provisions shall be made to introduce filter aid into the filter The amount of filter aid shall be selected to provide at least the Use of additional IJhere pro- (6) The filter piping shall be so designed that during the precoating (E) Cartridge Type Filters. Cartridge type filters are those where the Cartridge filters may be either pressure Replacement cartridges are divided into two types; General specifications, however, are the same for both. Cart- Cartridge sales shall be so designed as to prevent any If provision is made for back-washing, it shall be so arranged as to No residue Cartridge elements shall be of either of the following types: (1) Depth type cartridges, where the porosity varies from the inlet to the discharge surface. They shall have sufficient depth to provide adequate dirt-holding capacity and be designed for a flow of no more than one gallon per minute per five cubic inches of volume with a pressure drop not to exceed two psi across clean cartridges and not to pass any particulate matter larger than 25 microns. for their dirt-holding capacity and follow the same flow per square foot of area as diatomite filters, namely: three gallons per minute per square foot of filter area for vacuum filters. (1) (2) (2) Area or surface type cartridges, which rely on the surface area (F) Additional Standards for Cartridge Type Filters. pool in twelve hours or less. frequently than once every four days under proper conditions,of water and operation. the cartridges. Filters shall be capable of filtering the entire contents of the Filter capacity shall be such that it need not be cleaned more (3) All Filters shall be designed so as to permit easy removing of Section 8. Recirculation Pumps. (a) The recirculating pump shall have sufficient capacity to provide the rated flows of the filter system, without exceeding the head loss at which the pump will deliver such flows. overload which exceeds the service factor. The pool pump shall be equipped on the inlet side with an approved type hair and lint interceptrz. sive and have an open screen surface at least four times the cross sectional area of the inlet pipe. When the filtering and pumping equipment is installed above ground at a level below the overflow level of the pool as may be dictated by the contour of the plot on which the pool is constructed, a valve shall be installed on the main suction line located in an accessible place outside The pump motor shall not be operated at an (b) The basket of the interceptor shall be non-corro- (c) of the walls of the pool. ".I 8/28/61 894 8 " Section 9. Pool Piping. The poollpiping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head at which the pump will provide such flows. In general, the water velocity in the pool piping should not exceed more than ten feet per second, feet per second, sumnary calculations shall be provided to show that rated flows are possible with the pump and piping provided. fittings shall meet the following requirements: positions below the water line. copper, brass, or approved equal tubing with a minimum wall thickness of type "L". Village Plumbing Code. must be done by the pool contractor subject to inspection prior to covering the sys tem. shall be provided to skim the surface of the pool, with one unit installed to serve each pool, and such additional units as may be required, to provide a minimum of one for each 600 square feet of pool water surface or fraction thereof. The location of recirculating skimmers and the pool inlets shall be carefully determined so that the pool inlets assist the skimming action to adequately remove the surface film on the pool water surface. devices shall be located in each offset. able to remove 40% to 60% of the content of the pool; the main outlets at the bottom of the pool also to be of sufficient capacity to remove 40% to 60%. action shall be as uniform as practicable, with good circulation toKard the skimmers and without "dead spots" on the pool water surface. units are to be installed, the influent shall be regulated in such a manner as to consist of 40% to 60% passing through the skimmer section of the device and 40% to 60% of the flow from the main drain. device. to waste, to variations in pool water level over a range of at least three inches. line. trap large solids. Nhere velocity is to exceed ten The recirculating piping and Where vacuum fittings are provided, they shall be located in accessible Pool recirculation piping, passing through the pool structure, shall be Pool piping systems shall be constructed of materials prescribed in the Installation of the pool piping, except for the pool water supply line (a) (b) (c) (d) Section 10. Recirculation Skimming Devices. Recirculating skimming devices When pools are irregularly or specially shaped, skimming (a) The recirculating skimmers shall be of sufficient total capacity to be The skimming Where skimmer-filter combination (b) It shall be possible to regulat the rate of flow through the skimming Each device shall be individually valved and capable of being discharged The floating weir in the recirculating skimmer shall be self-adjusting A device shall be incorporated therein to prevent airlock in the suction An easily removable and cleanable basket or screen shall be provided to Skimming devices shall be built into the pool wall. (c) (d) (e) (f) Section 11. Inlets. Inlets shall be located so as to produce as far as possible uniform circulation of water throughout the pool without the existence of dead spots. (a) inlet for each additional 40 lineal feet or fraction thereof of pool periphery over 120 lineal feet. Where automatic skimmers and skimmer-filter unitssare used, inlets shall be installed so as to direct the flow of water in a horizontal plane to the skimming device inlet. The minimum discharge depth of pool inlets shall be 10 inches below the pool operating level. When irregular shapes are incorporated into pools, additional inlets shall be installed in each offset. There shall be no physical connection between the water supply line and the pool system. If the make-up water is added directly to the pool, the fill spout shall be at least six inches above the upper rim of the pool. discharges to a surge or balancing tank, the point of discharge shall be at least six inches above the rim of the tank. If a hose connection from a sill cock or other plumbing fixture is to be used for supplying make-up water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose connection. located above ground level. No over-the-rim fill spout will be accepted unless located under a diving board or installed in a manner approved by the Health Officer so as to remove any hazard. (c) The systems supplying recirculated water and make-up water to pool shall be constructed in conformance with the Village Plumbing Code. Section 12. Main Outlets. . - (a) The main outlets, for purposes of recirculation and amptying the pool, shall be so located as to provide at least one outlet at the deepest point ina: the pool if the pool width does not exceed twenty feet. than twenty feet, multiple outlets shall be provided and spaced not more than twenty feet apart, nor more than ten feet fromwalls. All main outlets shall be equipped with gratings having an area of openings not less than four times the cross-sectional area of the outlet pipe. The gratings shall be of such design so that they cannot be readily removable by bathers and will not injure bather's fingers. Aminimum of two inlets shall be required for pools, with an additional (b) Suitable facilities for adding make-up water as needed shall be provided. If the make-up water line Any sill cock used for this service shall be If the pool width is more I95 8/28/61 (b) Pools shall be equipped with facilities for completely emptying the pool and other drainage by gravity if elevations permit, and the discharge of the pool water to the sanitary sewer, or other suitable disposal unit acceptable to'" the health officer, shall be at the rate not exceeding 250 gallons per minute. No direct connection shall be made to the sewer. The outlet from the pool recir- culation systems shall terminate at least six inches above the receptacle connected to the sewer. The drainage system shall be constructed in conformance with the provisions of the Village Plumbing Code and under the supervision of a licensed plumber. sewer system during periods of rain or storms. Water drained from the pool shall not be discharged to the sanitary Section 13. Heatersi. Gas-fired swimming pool.heaters and swirmning pool boilers shall bear the American Gas Association seal of approval. Oil burning equipment shall bear the Underwriters Laboratory seal of approval. be of a safe sanitary quality or otherwise acceptable to the health officer. The installation of a pool water supply piping and connection to the source of supply shall be under the supervision of a licensed plumber. Section 15. Tests. All pool piping and.the installation and construction of the pool piping system shall be in accordance with the approved plans. entire pool piping system shall be tested with an air test of 50 PSI and proved tight before covering or concealing. systems shall not be used as a disinfecting method for residential swirmning pools. Residential swimming pools, public and semi-public pools shall meet the following standards: five-tenths (0.5) and one (1.0) parts per million. (High-free residual chlorine may be used.) The pH level shall be maintained at 7.1 and 7.8 (A higher pH is permitted if high-free residual. chlorination is used.) sidered satisfactory when the total bacteria count at 35 centigrade does not exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in a 10 milliliter portion or 100 milliliter portion as determined by the membrane Filter method. different dates is unsatisfactory, the bacterial quality of the pool water will be considered unsatisfactory. Procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, Sewage and Industrial Wastes, 11th edition (1960). An indicator kit capable of measuring feee chlorine residuals in swimming pool water ranging from one-tenth to one part per million shall be provided. &n indicator kit capable of measuring the degree of alkalinity (pH) of the pool water ranging from 6.8 to 8.0 shall also be provided. (If high-free residual chlorination is used, kits capable of measuring higher values shall be provided). provided at the water 'line when the designed pool operating water level is 4% feet or less. Section 19. Electrical Requirements. (a) (b) Section 14. Water Supply. Water supplies serving all swimming pools shall The Section 16. Chemical Treatment and Pool Water quality. Gaseous chlorinating (a) Free Chlorine. The free chlorine content shall be maintained between (b) Alkalinity. (c) Bacteriological Quality. A sample of swimingopool water shall be con- If more than one sample out of seven collected on Section 17. Indicator Kit. Section 18. Safety Rope and Anchors. A safety rope and anchors shall be All electrical installations provided for, installed and used in con- No current-carrying electrical conductors shall cross residential junction with residential swimming pools shall conform with the Village Code. swimming pools, either overhead or underground or within 15 feet of such pools, except as necessary for pool lighting or pool accessories. tial swimming pools, which might become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded. No residential swimming pool shall be used, kept, maintained or operated in the Village, if such use, keeping, main- taining or operating shall be the occasion of any nuisance or shall be dangerous to life or detrimental to health. Section 21. Inspection. any residential swimming pool at any reasonable time during construction and there- after to determine whether or not the provisions of this ordinance regarding health, sanitation, operation and safety applicable thereto are being complied with. The Building Inspector shall have authority to enter upon any premises as it may be deemed necessary to inspect work done and installations made under permits issued by the Building Department. shall be so arranged and shaded as to reflect light away from adjoining premises. thereto shall be located at a distance less than ten feet from any side or rear property line, nor in front of the building line. (c) All metal fences, enclosures, or railings near or adjacent to residen- Section 20. Op eration and Maintenance. The Health Officer shall have authority to inspect Section 22. Section 23. Shielding Lights. Location. Lights used to illuminate any swimming pool No portion of a swimming pool or appurtenances *. ..*. ." 8/28/61 Section 24- Fences. A11 swimming pools shall be completely enclosed by a I9Y no -climbing type fence. All fence openings or points of entry into the pool area enclosure shall be equipped with gates. The fence and gates shall be at least four feet in height and shall be constructed of a minimum number eleven gauge woven wire mesh corrosion-resistant material, or other materials approved by the Bui1ding.Inspector. All gates shall be equipped with self-closing and self-latching devices placed at the tope of the gate or otherwise inaccessible to small children. be set in concrete bases, or other suitable protection. The openings between the bottom of the fence and the ground or other surface shall not be more than four inches. All fence posts shall be decay or corrosion-resistant and shall Section 25. ' Safety Precautions. (I) (2) A skilled swimmer shall be present at all times that residential Every residential swimming pool shall be equipped with one or more swimming pools are in use. throwing ring buoys not more than 15 inches in diameter and having 60 feet of 3/16 inch Manila line attached, and one or more light but strong poles with blunted ends and not less than twelve feet in length for making reach assist or rescues. with Section 6, subsection (i). board heights when it is shown that such increased height will provide an equally safe diving board height-maximum pool depth ratio, equipment of which incorporate features other than those set forth herein shall be subject to review and approval by the Health Officer in accordance with acceptable standards and in conformance with current.public health and safety practices. residential pools shall be constructed and operated in conformance with standards for such installations promulgated under Minnesota State Board of Health, Regulation Number 285. on file for use and examination by the public in the office of the Village Clerk. In.addition, the person, firm, corporation or agency proposing the construction of a swimming pool other than residential shall file with the Health Officer, prior to the beginning of any construction, two copies of the report prepared and issued by the Minnesota State Department of Health showing approval of the plans, and two sets of plans upon which such approval is indicated by stamp, seal or other official marking of that agency. furnished by the builder as provided herein, shall, upon approval, so advise the Superintendent of the Building Department and furnish said of plans approved by the Minnesota State Department of Health. The remaining set of plans shall be retained in the files of the Health Department. The Health Officer and Building Inspector may enter upon any premises for the purpose of conducting pre-construction surveys, intermediate construction investigations, and operational investigations. Such entries may be made at such times as may be . deemed necessary to determine that the facilities are constructed in accordance with approved plans, and maintained and operated in accordance with State Depart- ment of Health Standards. Section 28. Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and subject to a fine not exceeding $100 or imprisonment for a period not exceeding 90 days, with costs of prosecution in either case to be added. phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. . (3) Diving board height above the pool water level shall be in accordance The Health Officer may authorize greater diving Section 26. Other Design and Equipment. Any swimming pool, the design and Section 27. Public or Semi-Public Swimming Pools. Swimming pools other than Three copies of such-standards, marked "Official Copy," have been placed The Health Officer, upon having had an opportunity to review the material Department one set Penalties. Section 29. Separability. If any section, sub-section sentence, clause, Motion for waiver of second reading and adoption seconded by Tupa, and on Rollcall there were nd no nays, as follows: Beim, aye; Dickson, aye; Tupa, aye; aye; and the as submitted was "TEROUGH-STREET" SYSTEM RECOMHENDED BY POLICE DEPARTMENT APPROVED. A comprehensive report by Police Chief Wayne Bennett, dated August 22, 1961, showing present through streets and recommended through streets was thoroughly reviewed by the Council, and Trustee Dickson moved for approval that Police Chief's recommendation of August 22, for through street system be approved. carried. Motion seconded by Tupa and 8/28/61 BEARINGS ON UNCOMPLETED I%YI!kCJNGi AT 6005 AWD 6008 LE$LE!E WE POSTPONED 897 TO SEPTl3MJiEk 11. Pursuant to Clerk's report to been forwarded for Hearings this date, it was ordered that Hearings be held on Monday, September 11 , 1961. Council that notices had not UTILITIES EASEMENTS TO BE CONDEMNED. Engineer Zikan told Council it has been impossible to secure the necessary easements for several utilities projects now under contract; that work will be delayed unless these easements are received shortly. He recommended condemnation, and it was moved by Dickson, seconded by Beim and carried that Village officials be authorized to do all things necessary to initiate condemnation proceedings for Storm Sewer Easements and Sanitary Sewer Easements contained in the list prepared by him dated August 28, 1961. LOTS 21, 22, 23, BLOCK 13, CLEVELAND'S SUBDIVISION OF EMMA ABBOTT PARK, TO BE PURCHASED FOR PARK PURPOSES. Manager Hyde reported Park Board's recommendation for purchase of the above named lots at $425 per lot, and after a review of the purchases already made in this area, Beim moved for purchase in accordancd with Park Board's recommendation. Motion seconded by VanValkenburg and carried. BUDGET MEETING SCHEDULED. The Council scheduled its budget discussion meeting for Tuesday, September 5, at 4:30 P.M., at Village Hall. TRAFFIC CONTROL CHANGES AT INTERSECTION OF HIGEiTJAY #lo0 WITH W.50TH ST: AND CHANGES AT INTERSECTION OF HIGHWAY NO. 169 WITH INTERLACHEN BLVD. ANf) BROOKSIDE AVENUE -- STATE HIGHWAY DEPARTMENT GIVES UNFAVORABLE.REPLY, AND COUNCIL ASKS FURTHER CONSIDERATION. State Highway Commissioner J.C. Marshall's July 31st letter, replying to Council Resolution of June 12 asking for "signalization and channelizationn' of traffic at intersection of Highways Ill00 and ill69 and W.50th Street, was read by Manager Hyde. Council's requests are being given consideration by the Highway Department, but that "Fiscal 1965 will be the earliest that we could begin to place these improvements (projects on T.H. 100 or E.H. 169) under contract". Because Council considers its requested improvements to be urgent, Manager Hyde was directed make a request to the Highway Department for immediate construction. Letter 'explained that all of the CLAIMS PAID. per Pre-List dated August 28: General Fund, $28,183.23; Construction Fund, $325,693.67; Park, Park Construction and Swim Pool, $21,697.40; Water Fund, $4,698.10; Liquor Fund, $20,528.58; Sewer Rental Fund, $462.89; Poor Fund, $100,50--Total, $401,364.37 and Claim No. 17538, amount $2,086.42, from the Construction Fund, and Claim No. 17539, amount $4,300, from the Park Construction Fund, was seconded by Tupa ,and carried. VanValkenburg's motion for payment of the following Claims as Adjournment was at 10:50 P.M., by motioAVanValkenburg, seconded by Tupa and carried.