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HomeMy WebLinkAbout19611127_regularan sa. 261 11/13/61 Manager Hyde reported that he will be absent from the Village for the next . Council Meeting. % CLAIMS PAID: Tupa's motion for payment of the following Claims, as per Pre-List dated November 13, was seconded by VanValkenburg and carried: $10,972.68; Construction Fund, $1,923.72; Park, Park Construction and Swimming Pool, $9,429.57; Water Fund, $724.80; Liquor Fund, $95,362.06; Sewer Rental Fund, $970.42; Improvement Funds, $705,115.17; Poor Fund and P.I.R. Fund, $517.45-- Tota1,$825,015.87. General Fund, The agenda's having been covered, Dickson moved for adjournment. by VanValkenburg and carried. Motion seconded Adjournmemat 9:30 P.M. / Village Clegk MINUTES OF TEJE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, NOVEMBER 27, 1961, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Mayor Pro Tem Dickson presided in Mayor Bredesen's absence, and Captain Gans substituted for Manager Hyde . MINUTES of the Regular Meeting of November 13, 1961, were approved as submitted, by motion Tupa, seconded by Beim and carried. RECOGNITION GIVEN TO FIREMEN FOR COMPLETION OF MINNESOTA STATE FIRE SCHOOL COURSE. On behalf of the Council, Mayor Pro Tem Dickson congratulated Firemen William Feck and William Hansen on their completion of the Minnesota State Fire School Course given this year. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR OILING OF INDIAN HILLS ROAD FROM COUNTY ROAD NO. 18 TO INDIAN HILLS SUBDIVISION, AND OF ARROWHEAD PASS. Affidavit of Publication of Notice of Hearing, and reported the mailing of a copy of said notice to each affected property owner. Pursuant to said Notice, Mayor Pro Tern Diclcson called Public Bearing on this proposed assessment. At the laBt meeting, some of the property owners had objected being assessed on a "Per-Lot" basis, when they had assumed assessment would be on a staaight per-front-foot basis. Village Attorney Maynard Hasselquist, speaking as one of the affected owners, suggested that the Council levy the assessment on a straight per-front- foot basis, as requested by Messrs. Halla, Nelson and Haas at the last meeting, with Eetitioners-fo2- imp'rovement- to work BGt their '$n _arrangemen*rs. at a later tiine. Mr. Nelson suggested that it might be more equitable to assess on a "per-owner9' basis. Clerk presented -f. Beim offered the following Resolution and moved its adoption: RESOLUTION AMENDING PROPOSED ASSESSMENT FOR OILING, AND ADOPTING SAID AMENDED ASSESSMENT BE IT RESOLVED by the Vil.lage Council of the Village of Edina, Minnesota, as follows: 1. It is hereby found, determined and declared that the proposed assessments for Oiling of Indian Hills Road from County Road No. 18 to Indian Hills Subdivision, and of Arrowhead Pass, have been calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; that said assessment is hereby corrected and amended in such manner that it shall be levied against all footage abutting said Indian Hills Road from County Road No. 18 to Indian Hills Subdivision in an amount per abutting foot.equa1 to the total cost of said improvement divided by the total abutting footage; and that each of the lots, pieces and parcels of land enumerated in the foregoing amended assessment was and is specially benefited by the construction of the improvement for which such amended assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said amended respective assessments ,. and said proposed assessments are hereby adopted as the proper special assessments for said improvement. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in one installment, together with interest on the entire assessment from the date hereof to December 31, 1962, to be payable with general taxes for the year 1961, collectible in 1962. 11/27/61 6'23. Prior to certification of the assessment to the County Auditor, the owner m nt or any installment thereof withoui interest to the Village Treasurer and there- after such payment may be made with accrued interest, to the County Treasurer; pro- vided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said amended assessment , with each then unpaid installment and interest set forth separately, to be extended upon,the proper tax lists of the County, and the County Auditor shall thereafter cause said assessment to be collected in the manner provided by law. Said duplicate shall be designated as the ASSESSMENT ROLL FOR OILING-l96l(a), and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited' to the Sinking Fund Account of the PERELANENT IMPROVEMENT REVOLVING FUND. Motion for adoption of the Resolution was seconded by VanVal there were four ayes and no nays, as follows: Beim, aye; aye; and Dickson, aye; and the Resolution was adopt any lot, piece or parcel of land ass,essed hereby may pay the whole of such.assess- ? rg, and on Rollcall '4aygr Pro Tem PUBLIC HEARINGS ON PROPOSED STREET VACATIONS. Clerk submitted Affidavits of Publication in Edina-Homingside Courier, and of Posting on Official Village Bulletin Boards, of "Notice of Public Hearings on Proposed Street Vacations", which affidavits were approved as to form and ordered placed on file. Hearings were conducted, and action taken as hereinafter recorded: . There were no objections filed from the floor, and no written objections had been filed prior thereto, and Tupa offered the following Resolution and moved its adoption: WHEREAS, Two weeks' published notice and posted notice of a hearing to be had on November 2Z, 1961, at 7:OO P.11. , on the Vacation of the following road: That certain road easement granted by document dated December 28, 1954, and filed January 22, 1955, and recorded in Book 2032 of Deeds, page 209, over the South 20 feet of the East 180 feet of the North 85 feet of Lot 9, "tlarden Acres, Hennepin County, Minn.", according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, said 20 foot strip of land now having been replatted and now being described as the South 10 feet of Lot 1, the North 10 feet of Lot 2, and the South 20 feet of the North 85 feet of Lot 3, Block 1, FRIDLUND'S ADDITION, according to the map or plat thereof on file and of record in the, -office of the Register of Deeds in and for Hennepin County, Minnesota. Pursuant to said Notice, Public 1. PUBLIC HEARING ON PROPOSED VACATION OF ROAD EASEMENT IN FRIDLUND'S ADDITION. RESOLUTION VACATING ROAD IN BLOCK 1, FRIDLUND'S ADDITION has been given and made, and a hearing has been had thereon by the Village Council: NOII, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, as follows: THAT the road easement hereinbefore described be and hereby is vacated, provided, however, that only said road easement above described shall be and is hereby vacated and the utility easement also granted by the document above referred to shall not be extinguished or be terminated by virtue of this resolution but shall be and remain in existence for use by the Village of Edina and abutting property owners pursuant to the terms of said grant of easement. Motion for adopt5on of the Resolution was there were four ayes and no nays, as fo~~ows: aye; and Dickson, aye; and the Resolution was Eiijor "Pro Tem Village Clerk 2. PUBLIC HEARING ON PROPOSED VACATION OF IJ .55TH ST. BETNEEN YORK AND 'ZENITH AVENUES. No objections were afiled; and it was reported that the Village has now taken title to the property on both sides of this street, for park purposes. Tupa offered the following Resolution and moved its adoption: RESOLUTION VACATING STREET W. 55TH STREET, BETNEEN YORK AND ZENITH AVENUES IIHEREAS, 'Ilwo weeks' published notice and posted notice of a hearing to be had on November 27 , 1961 , at 7:OO P.M., on the Vacation of WEST 55TH STREET BETWEEN YORK AND ZENITH AVENUES, has been given and made, and a hearing has been had thereon by the Village Council: Hennepin County, Minnesota, as follows: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, 11/27/61 k. TJEST 55TH ST?XET, lying between the West right-of-way line of York Avenue and the East right-of-way line of Zenith Avenue, as platted and of record in the office of the Registk of Deeds of Hennepin County, Minnesota, be, and is hereby vacated. Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were four ayes and no nays, as follows: Beim, aye; aye; and Dickson, aye; and the Resolution was adopt ~ayor Pro Tem MUNICIPAL l?ATER PUMPING CONTRACT AND RATE SCHEDULE APPROVED. Captain Gans presented Northern States Power Company's recapitulation of costs to Edina for pumping charges from November, 1960, through October 1961, under the old contract, and projection of costs for same service under new contract, showing a savings under the newly proposed contract of $218.75 for removal of "On-Peak" charges and $171.55 in rate differential. This substantiated Northern States Power Company's written report at the last meeting; and a Northern States Power representative explained, further, that the main advantage in this new agreement is that the Company has discontinued its "On-Peak Demand'' charge, which means that the Village needn't restrict its pumping in the hours which are usually the heaviest water consumption (as well as heaviest power consumption) period. the following Resolution and moved its adoption: Beim offered RESOLUTION APPROVING MUNICIPAL WATER PUHPING CONTRACT AND RATE SCHEDULE RESOLVED That she Village Council of the Village of Edina, Hennepin County, Minnesota, hereby accepts the offer of the NORTHERN STATES POWER COMPANY, a Minnesota corporation, to furnish the electric energy necessary for the operation of municipal water pumping and associated equipment at the Village's pumping stations, and hereby approves all rates, terms, conditions, and specifications contained in the proposed form of Municipal Water Pumping Contract made a part of the offer of said Company, and the proper officers of the Village are hereby authorized and directed to execute the aforesaid Contract, and any instruments ancillary thereto, for and in the name of the Village, and to affix the corporate seal thereto. Motion for adoption of Resolution was seconded by Tupa and carr by Rollcall vote as follows: Beim, aye; Dickson, aye; Tupa, ay ~ The above contract is of five-year duration, effective October 1, 1961. "0~" ACCEPTED FROM HENNEPIN COUNTY FOR MAINTENANCE.. eaptain Gans reported the Resolution adopted November 7, 1961, by the Board of Henliepin County Commissioners, returning 'yOldm' County Road No. 18, between the South Village Limits and approximately Samuel Road_,-, to the Village for maintenance. of one very short stretch, which the County has promised to repair, the road'is in good condition and has recently been seal-coated. He asked that the Council adopt a resolution accepting street, and Tupa offered the following Resolution and moved its adoption: COUNTY ROAD NO. 18, BETMEEN SOUTH VILLAGE LIMITS AND APPROXIMATELY SAMUEL mm, The Captain reported that, with the exception RESOLUTION ACCEPTING EXISTING COUNTY ROAD NO. 18, BETWEEN SOUTH VILLAGE LIMITS AND APPROXIMATELY SAMUEL .ROAD :, FOR MATNTENANCE WHEREAS, The County of Hennepin has brought about the construction improvement of a portion of County State Aid Highway No. 18 on a newly relocated alighment within Section 18, Township 116, Range 21, in the City of Bloomington, and Sections 6 and 7, Township 117, Range 21, within the Village of Edina; and Aid Highway 18 in accordance with the desires of the Village Engineer and the specifications for Village residential streets: that the existing County State Aid Highway 18, from the South Village Limits to a point in Section 7, Township 117, Range 21 at approximately Samuel Road, be accepted by this Village for maintenance. Motion for adoption of Resolution was seconded there were four ayes and no nays, as follows: aye; and Dickson, aye; and the Resolution was a WHEREAS, the County of Hennepin has repaired the existing route of County State NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina Mayor Pro Tem Village Clerk 11/27/6 1 LCCOUNCIL APPROVES PLAN FOR . ~&R6CRO"STOl7N HXHT7AY (NO-., ,623. ..J. Captain Gans recommended approval by the Council of the plan dated June 16, 1961, for &a ~e~es-&ve~ue~ BrFdge-over the CrQsstown Highway. He told Council this is a typical pile-supported reinforced concrete and structural steel bridge which will do credit to Edina. Plans were presented for Council review, and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION APPROVING CONSTRUCTION PLANS FOR BRIDGE ON XERXES AVENUE OVER CROSS- \ TOWN HIGHNAY (COUNTY PROJECT NO. 6110) WHEREAS, Fonstruotion plan for "Bridge No. 27504 and Approaches", S.A.P.No. 27-662-07, County Project No. 6110, being for a bridge on Xerxes Avenue over the Crosstown Highway (C.S.A.H. No. 62), said plan? being dated June 16, 1961, has- been presented to the Village of Edina, Hennepin County: Edina that said plan be and hereby is in all things approved. Motion for adoption of the Resolution was seconded by Beim, and on Rollcall there VanValkenburg, aye; and the Resolution was adopt NOW, TEREFORE, BE IT RESOLVED, by the Village Council of the Village of were four ayes and no nays, as follows: Beim, aye; . 1 Msyor Pro Tem Village Clerk RURAL HENNEPIN PUBLIC HEALTH NURSING REPORT FOR OCTOBER, 1961, was submitted, reviewed, and ordered placed on file. PETITIONS FOR, AND AGAINST, ROLLING GREEN IMPROVEMENTS FILED. COUNCIL SCHEDULES PRELIMINARY HEARING FOR JANUARY 22. Petitions for SANITARY SEWER, WATERMAIN, and STORM SEWER for All of Rolling Green were submitted, having been received under the November 15th deadline for 1962 work. Attorney Philip Neville, representing those opposed to improvements, presented a verifaxed petitionoasking that Council deny any petition or request for installation of sanitary sewers, storm sewers, and water. the improvements petition. that objectors can be heard as to the reasons why they think these improvements to be unwise, before the Village undertakes any great expense on engineering data. Mrs. G. M. Stenson, sponsor of petitions for the improvements, spoke in support of the petitioned improvements on the grounds of public health. the following petitions, which she asked be considered along with those three she previously submitted: owners of four tracts; and owner of one tract in Gilwood Addition. Beim's motion scheduling Preliminary Hearing for Monday, January 22, 1962, was seconded hy Tupa and carried. Mr. Neville told Council 33 citizens of Rolling Green are opposed to He asked that a Preliminary Hearing be scheduled, so She presented PETITION FOR WATERMAIN in Rolling Green Area & Gilwood Addition, signed by PETITION FOR STORM SEPJER in Rolling Green & Gilwood Addition, signed by IMPROVEMENT PETITIONS ACCEPTED. The following Improvement Petitions, received before the November 15th deadline for 1962 work, were submitted by the Clerk: STORM SEWER for Westbrook Lane, Edenbrook Lane, TJ.48th Street area (both 1. 2. BLACKTOP AND CURB AND GUTTER, York Ave. from 6100 to 6116, inclusive. 3. OILIEG - I.J.64th St., Varren to Holbarn; Holburn, W.64th St. to EJhiting St., 4. rear-yard drainage, and street drainage). Vhiting St. for first 100 Ft. past Holbnrn. Tingdale Ave. Mr. E. C. Stow then called to Council's attention his letter (written by OILING - Tingdale Ave., W.65th to IJ.66th St.; W.66th St., IIwy.#lOO to Mr. Fred V. Rogers, Jr. for Nr. Stow) +xti%,iiP,n~n~&L$~ Sanitary Sewer and Watermain in Lake Edina Third Addition, to e one in . He asked that Council consider this petition together with the others on the agenda this avening . 5. SBRFAC9JSS (Curb & Gutter & Blacktop, or Concrete Paving) of Heritage Drive from Crosstown Highway to Xerxes Avenue--this petition having been received November 17, but asking for 1962 work. Beim's motion that all the above petitions be accepted and referred to the Village EWneer for programming, was seconded by VanValkenburg and carried. CLAIM FOR $25,000 FOR PERSONAL INJURY FILED. of Notice of Claim on behalf of Nancy Schultz and Norman Schultz against the Village, amount of damages asked being $25,000 plus medical expenses; Nancy Schultz having allegedly fallen from equipment used to develop the park in the vicinity of 404 VanBuren, breaking her arm. Clerk reported referral of Notice to Village Attorney and liability insurance carriers; directed to notify contractor, also. Council was informed of receipt 11/27/61 TREE TlRTMMING PETITTON FILED. Petition for Tree Trimming, Crescent Terrace and Byv7ood West, was submitted, and ordered placed on file. Council has already scheduled a Public Hearing on a Tree Trimming Improvement for this as well as other areas, pursuant to recommendation by Park Director French, made at the last meeting. 265 It was noted that STORM SEVER EASEMENTS IN LOTS 6 , 7 AND 8 , BLOCK 5, SOUTHDALE THIRD ADDITION, RELEASED. Request of owners for release of Temporary Easements for Storm Sewer in Lots 6, 7 and 8, Block 5, Southdale Third Addition, t7as reported; and Captain Gans reconnnended release, for the reason that they are no longer needed because of Village storm sewer construction in this area. Tupa's motion that storm sewer easements Be released, and that proper Village officials be directed to sign the necessary documents for such release, was seconded by Beim and carried. COUNCIL SCHEDULES HEARING AND BIDS FOR DECEMBER 11, FOR SANITARY SEVER FOR THE SCOTLAND HEIGHTS AREA. Captain Gans recommended that Hearing be conducted, and bids be taken on December 11, for Sanitary Sewer to serve Scotland Heights; and VanValkenburg offered the following Resolution and moved its adoption: I RESOLUTION PROVIDING FOR PUBLIC HEARING, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR SANITARY SETJER IMPROVEMENT FOR SCOTLAND HEIGHTS BE IT RESOLVED by the Council of the Village of Edina: as to the feasibility of the proposed Sanitary Sewer Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. the Edina Village Hall, to consider in interested in said proposed improvement. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary report 2. This Council shall meet on Monday, December 11, 1961, at 7:OO P.M., in public hearing the views of all persons 3. The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEARING ON SANITARY SEWER IMPROVEMENT EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, December 11, 1961, at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvement is estimated by the Village as set forth below: CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: ESTIMATED COST On an easement line between Lots 8 and 9, Block 3, Creek Valley Addition from Creek Valley Road to 296' south and there terminating. $4,985.90 the area proposed to be assessed for the cost of the above proposed improvement includes Lots 1, 2 and 3, Block 1, Scotland Heights Addition. GRETCKEN S. ALDEN Village Clerk 4. The plans and specifications for the proposed Sanitary Sewer Improvement set: forth in the following Advertisement for Bids form, heretofore Village Engineer and now on file in the office of the Village Clerk are hereby approved. Courier and the Construction Bulletin the following notice for bids for said improvement : ADVERTISEMENT FOR BIDS SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 Til. 50th St. at 11:OO A.M., Monday, December 11, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, December 11, 1961, to consider said bids being for the following: CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: On an easement line between Lots 8 and 9, Block 3, Creek Valley Addition from Creek Valley Road to 296' south and there terminating. Plans and specifications are available for a deposit of prepared by the 5. The Clerk shall cause to be published twice in the Edina-Morningside SANITARY SEWER Work must be done as described in plans and specifications on file in the office of the Village Clerk. $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. 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. the right to reject any or all bids. No bids will be considered unless sealed and accompanied by The Council reserves BY ORDER OF THE EDINA VILLAGE COUNCIL. GRETCHEN S. ALDEN ' Village Clerk 266 6. Each and all of tile terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said I improvement . Motion for adoption of the Resolution was seconded by Tupa and on Rollcall there ' were four ayes and no nays, as fol~ows: Beim, aye; Tupa, aye; V&Val&burg, aye; 'Village Clerk x Pro Tem COUNCIL CONFIIWS PURCHASE OF 2rjt.LOTS AT 6109 BROOKVIEIJ AVENUE, FOR $1,250: "DANGEROUS AND SUBSTANDARD DIlELLING"T0 BE BURNED. Lots 23, 22 and N.1/2 21, Block 24, Fairfax Addition (the site of the dangerous and substandard dwelling at 6109 Brookview Avenue) for $1,250, if Village will demolish this house. Tupa's motion that offer by I.D.S. for sale of above named property to Village be accepted, was seconded by Beim and carried. This property overlooks Pamela Park. I Report was made that Village may purchase POLICE CAR BIDS AUTHORIZED, TO REPLACE WRECKED AUTONOBILE. Captain Gans reported that the Police are now badly in need of another car, because the accident last Friday night has put one car completely out of service; that, because of the circumstances of the accident the Village does expect to recover damages. motion authorizing bids to be taken December 11 for a new police car, was seconded by VanValkenburg and carried. Tupa's CUTTING AND GELDING mGUUTIONS ADOPTED. 119, as recommended for adoption by the Bire Department; and Tupa offered the following Ordinance, moving that Council. dispense with second reading and adopt Ordinance as submitted: Council reviewed proposed Ordinance No. ORDINANCE NO. 119 AN ORDINANCE TO DEFINE AND REGULATE WELDING OR CUTTING OPERATIONS IN THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA DOES ORDAIN AS FOLLOW: Section 1. Definitions "Approved means accepted by the Chief of the Fire Department as a result of his investigation and experience or by reason of test, listing or approval by Underwriters' Laboratories, Inc., or other natkonally recognized*testing agency. or any combination thereof. "Welding or Cutting shall include gas or electric-arc welding or cutting Section 2. Permits (a) A Permit shall be required of each company, corporation, co-partner- ship or owner-operator performing welding or cutting operations. (b) Application for a permit required by this ordinance shall be made by the company, corporation, co-partnership or owner-operator performing the welding or cutting operation, or by his duly authorized agent. Such application shall be made to the Chief prescribe. (c) The Chief of the Fire Department shall not issue a permit for welding or cutting operations unless he is satisfied that the individuals in charge of per- forming such operations are capable of doing such worlc in a safe manner. tion of a working knowledge of the provisions of this ordinance shall constitute acceptable evidence of compliance with this requirement. operations as indicated thereon and shall not be transferable. not take the place of any license required by law. year after date of issuance. and shall at all reasonable.times be subject to inspection by any officer of the fire or police departments. to have a permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the fjU&of the Fire Department. ordinance or for any false statement or representation made as to a material fact in the application on which the permit was based. Village Council upon the recommendation of the Chief of the Fire Department. of the Fire Department in such form and detail as he shall Demonstra- (d) A permit shall constitute permission to performwelding or cutting Such permit shall Such permit shall expire one . (e) Permits shall at all times be kept on the premises designated therein ( f) Companies, corporations , co-partnership and owner-operators required (g) Any permit issued hereunder may be revoked for any violation of this Such revocation shall be by the Section 3. 'Compliance with Nationally Recognized Good Practice In the performance of welding or cutting operations only approved equip- ment shall be used and the equipment'shall be installed and operated in accordance with nationally recognized gbod practice. The Standards of the National Board of 11/27/61 Fire Underwriters No. 51, Gas Systems for Welding and Cutting, and American Standard 249.1, Safety in Veldhng and Cutting shall be considered as nationally recognized good practice. . 267 Section 4. FixelPrevention. (a) Combustible materials shall be protected by noncumbustible shields , or covers from possible sparks, hot metal or oxide. Floor, ceiling or wall openings shall be proeected by noncumbustible shields or covers. Provisions shall be made to watch for fires, make use of portable fire extinguishers or fire hose, and perform similar fire prevention and protec- tion duties. One or more portable fire extinguishers of approved type and size shall be kept at the location where welding or cutting is to be done. Welding or cutting shall not be done in or near rooms or locations where flammable gases, liquids or vapors, lint, dust, or loose combustible stocks are present when sparks or hot metal from the welding or cutting operations may cause ignition or explosion.of such materials. Except as provided in (g) below, welding or cutting shall not be performed an containers and equipment which contain or have contained f larmnable liquids, gases or solids until these contaimers and equipment have been thoroughly cleaned or inerted or purged. operations are performed by.companies, corporations, co-partnerships or owaer- operators in accordance with nationally recognized procadures. (h) Sprinkler protection shall not be shut off while welding or cutting work is being performed. sprinkler heads, sheet asbestos or damp clo.th guards shall be used to shield the individual heads but shall be removed when the work is completed. (b) (c) (d) (e) (f) (g) "Hot tapping" may be permitted on tanks and pipe lines provided such When welding or cutting is done close to automatic Section 5. Gas Welding and Cutting. (a) Devices or attachments facilitating or permitting mixture of air or oxygen with combustible gases prior to consumption, except at the burner or in a standard borch or blowpipe, shall not be allowed unless approved for the purpose, (b) to another or mix gases in a cylinder. (c) cylinder manifoEds and cylinder manifold connections), or utilized at a pressure in excess of 15 pounds per square inch gauge unless dissolved in a suitable solvent in cylinders manufactured according to Interstate Commerce Commission requirements. copper except in a blowpipe or torch. for oxygen shall be provided with a pressure regulating device intended for use with oxygen, and so marked. highly combustible materials and in locations where they are not subject to excessive rise in temperature, physical damage or tampering by unauthorized persons. shipped. closed and the valve protection cap shall be in place, hand tight. with soapy water. Flames shall not be used. cylinders or other containers. they are in use. other devices equipped with shut-off valves without reducing the pressure through a suitable regulator attached to the cylinder valve or manifold. fittings containing or using oxygen shall be kept free from Oxygen cylinders, apparatus and fittings shall not be handled with oily hands or gloves or greasy tools or equipment. shall be used to prevent the possibility of dropping them. or electromagnets shall not be used. (n) Oxygen and fuel gas cylinders and acetylene generators shall be placed far enough away from the welding area to prevent them from being heated by radiation from heated materials, by sparks or slag, or by misdirection of the torch flame. When gas welding or cutting operations are discontinued for a substantial period of time such as overnight or while being relocated, the torch valves shall be closed and the gas supply to the torch completely shut off. The user shall not transfer combustible gases from one cylinder Acetylene gas shall not be generated, piped (except in approved (d) (e) Acetylene gas shall not be brought in contact with unalloyed A high pressure cylinder or high pressure cylinder manifold (f) Cylinders permitted inside of buildings shall be stored away from Empty cylinders shall have their valves closed in storage and when (g) When a cylinder is not connected for use the valve shall be (h) Tests for leaks in any piping system or equipment shall be made (i) (j) (k) Fuel gas shall not be used from cylinders through torches or Welding or cutting work shall not be supported on compressed gas Fuel gas cylinders shall be placed with valve end up whenever (1) Cylinders, valves, regulators, hose and other apparatus and oil or grease. (m) When moving compressed gas cylinders by crane, suitable cradles - Ordinary rope slings (0) 2 11/27/61 Section 6. {a) Electric Arc-Velding and Cutting The fram or case of the welding machine except internal combustion engine driven machines shall be grounded. strong and electrically adequate for the required current. have proper electrical contact at all joints and periodic inspection shall be made to ascertain that proper electrical contact is maintained. When electric arc-welding or cutting is to be discontinued for any substantial period of tim2, all electrodes shall be removed from the holders, the holders shall be carefully located so that accidental contact cannot occur, and the machines shall be disconnected from the power source. Ground connections shall be mechanically (b) Welding current return circuits from the work.to the machine shall (c) Section 7. Modifications. When there are practical difficulties in the way of carrying out the strict letter of the ordinance, provided that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done, an applicant may appeal to the Chief of the Fire Department for such modification setting out in full the particulars upon which such modification is requested. The Chief of the Fire Department shall thereupon transmit snch applic'atfon to the Village Council, together with his recommendation, and the Village Council may then grant or deny the modification requested. I , Section 8. Appeals Whenever the Chief of the Fire Department shall disapprove an appli- cation or refuse to grant a permit applied for, or when it is claimed that the provisions of the Ordinance do not apply or that the true intent and meaning of the ordinance have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Standing Committee on Licenses of the Village Council within 10 days from the date of the refusal of the Chief of the Fire Department. Section 9. Penalties for Violation Any person who shall violate any of the provisions of this ordinance or fail to comply therewith or who shall violate or fail to comply with any order or or imprisoned not more than 90 days. ' regulation made thereunder shall upon conviction be fined not more than $100.00 . Section 10. Severability. If any part or section of this ordinance shall be found by a court of competent jurisdiction to be invalid, such finding or order of the court shall not affect the validity of the remaining sections. Section 11. This ordinance shall be in full force and effect from and after its passage and publication according to law. Notion for waiver of second reading and adoption of Ordinance as submitted was seconded by VanValkenburg, and on Rollcall there were fou follows: Beim, aye; flupa, aye; VanValkenburg, aye; and I) Ordinance was adopted. ' (Eia~or Pro Tem LAKE EDINA 2ND ADDITION FLOWAGE AND STORkGE EASEMENTS TENDERED: CAPTAIN GANS DELEGATED TO CONSULT VITH THOSE RELUCTANT TO TENDER EASEMENTS. Captain Gans reported that Mr. E. C. Stow has been successful in obtaining most of the ease- ments for storage of water in the "shortened" portion of those Lake Edina 2nd Addition lots backing to the lake; that there are still four to secure, but that Messrs. Struck and fiutson have indicated their willingness to give ease- ments on their properties. Mr. Stow said lfessrs. Brown and Polacek have been unwilling to negotiate to date; that he will re-fill these lots i,f the Council wishes him to do so, saying that he can go in over the ice as soon as the lake is frozen. Council directed Captain Gans to talk with Nessrs. Brown and Polacek I relative to securing easements, before further action. BEAVER-EATEN GATE TO BE REBUILT BY DEVELOPER. Mr. Stow told Council that a wooden gate on a culvert, helping to control the flowage from Lake Edina to Nine Mile Creek has been eaten out by beavers, that he expects to replace it. granted by common consent. CLAIMS PAID. VanValkenburg's motion for payment of the following Claims as per Pre-List dated November 27, was seconded by Tupa and carried: $15,480.69; Construction Fund, $551,474.23; Park and Park Construction Funds, $11,757.46; Water Fund, $2,063.47; Liquor Fund, $86,184.71; Sewer Rental Fund, $332-17; Improvement Funds, $1,801,385.45; P.I.R. Fund, $22.39--Tota1,$2,468,700.57. Permission General Fund, " 2 63 11/27/61 condemnation hearing on a 21,000 square foot tract south of Valley View Road i PONDING AREA A? FJOODDALE IF POSSIBLE. and West of Wooddale Avenue will be held December 4; that Village appraisers have valued this tract at $1,260; owner's appraisers, at $2,100; that it may be possible to split the difference and settle for $1,760. authoritation to accept this settlement, and it was so ordered, by motion Beim, seconded by Tupa and carried. VALLEY VIEW ROAD TO BE ACQUIRED FOR $1,760 Village Attorney Hasselquist reported that reported that He asked Council's The agenda's having been covered, Beim moved for adjournment. by Tupa and carried. Motion seconded Adjournment at 8:OO P.M. fl , MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, DECEMBER 11, 1961, AT 7 :00 P .M., AT THE EDINA VILLAGE +L Members answering Rollcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of November 27, 1961, were approved as submitted, by motion VanValkenburg, seconded,by Tupa and carried. TREE TRIMMING IMPROVEMENT ORDERED: METHOD OF ASSESDENT STILL IN QUESTION. Clerk presented Affidavit of Publication in Edina-Morningside Courier November 30 and December 7, 1961, of ''Notice of Public Hearing Proposed Tree Trimming Improvement,". which was approved as to form and ordered placed on file. Copy of Notice mailed to some 750 property owners proposed to be assessed, was also submitted. Subsequent to said Notice, Mayor Bredesen called Public Hearing on the Proposed Tree Trimming Improvement, consisting of the pruning, trimming, cabling and bolting of the boulevard trees needing said work, in the following streets: W.44th St. between 4600 and 5204, both Nos. inclusive. Moore Avenue Cascade Lane North Ave. between 4425 and 4508, both Nos. inclusive. Thielen Ave. between 4366 and 4386, both Nos. inclusive. Millpond Place. Westbrook Lane between 4800 and 4845, both Nos. inclusive. Mackey between 4378 and 4394, both Nos. inclusive. Coolindge Ave. between 4379 a?d 4390, both Nos. inclusive. Brookside ,he. between 4300 and 4920, both Nos. inclusive. Brook Ave. between 4378 and 4392, bosh Nos. inclusive. Brookside Terrace, between 4333 and 4425, both Nos. inclusive. Rutledge Ave. between 4400 and 4840, both Nos. inclusive. Cleveland Avenue Vande rvo rk Avenue Oxford Ave. between 4440 and 4545, both Nos. inclusive. Motor St. between 5131 and 5243, both Nos. inclusive. Paddock Road Merilane Ave. Nai t Lane Rolling Green Parkway Bywood West Crescent Terrace Annaway Drive Circle East Circle West Spur Road Orchard Lane Cooper Avenue Brookview Ave. between W.52nd St. and 5615, inclusive. Oaklawn Ave. between W.52nd St. and W.56th St. Kellogg Ava. between W.52nd St. and W.56th St. Park Place Woodcres t Drive Golf Terrace Lakeview Drive Oak Drive Woodland Road Philbrook Lane Wooddale Ave. between W.50th St. and W.55th St. Wooddale Glen ItJooddale Lane. Before the formal Hearing began, a film was shown on methods of combatting and preventing Dutch Elm Disease.