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HomeMy WebLinkAbout19620226_regular26 2/5/62 CMlfS PAID. dated February 5, 1962, was seconded by Dickson and carried: General Fund, $26,603.87; Construction Fund, $3,607.25; Parks, Park Construction and Swimming Pool Funds, $26,381.28; Waterworks Fund, $18,140.4.7; Liquor Fund, $26,998.12; Sewer Rental Fund, $24,591.37; Improvement Funds, $522,088.89; Poor and PIR Funds, $440.97 - Total, $649, 152.22. Tupa's motion for payment of the following Claims, as per Pre-List Dickson's motion for adjournment was adjourned at 8:45 P.N. Village Clerk 14INUTES OF THE*REGULAR*IIEETING OF TNE EDINA VILLAGE COUNCIL HELD NONDAY, FEBRUARY 26, 1962, AT 7:OO P.H., AT THE EDINA VILLAGE NALL I. Members answering Rollcall were Dickson, MacMillan, Tupa, VanValkenburg and Bredesen. MINUTES of Meeting of February 5, 1962, approved as submitted, by motion VaEValkenburg, seconded by Tupa and carried. POLICE SERGEANT J&BS H. CRAWFORD RECEIVES CERTIFICATE. Hayor Bredesen presented to Sgt. Crawford the International City Managers' Association's Certfficate of Completion in its correspondence course on Nunicipal Police Administration, together with commendation of the Council. "REVISED" SUNDAY CLOSING ORDINANCE ADOPTED. _- on Proposed Sunday Closing Ordinance, this being a continuation of the Hearing held February 5. He read letter by Thos. Jackson, President of Edina Chamber of Commerce, informing Council that Chamber is in favor of proposed ordinance. Blr. Thomas Hodgson of the Minnesota Retail Federation, Inc., reviewed briefly the changes suggested at the last meeting - 1. That Saturday option be deleted; 2. that ordinance be inapplicable to confections, ices, ice creams, dairy products, eggs, electric fuses, light bulbs and other items essential to the safe operation of heating, lighting and plumbing equipment already installed; and Mr. H0sme.r Brown, representing Clancy's, told Council his client feels that with these changes the ordinance is as clear as possible without being unwieldy, is in favor of it and believes he can live under it. Er. Joe Francis, 6805 Creston bad, protested once again, saying that with the adoption of this ordinance the Council is simply asking for a %hole host." of laws, not only from retailers but also from other groups. Mayor Bredesen reported receipt of letter, this evening, from filr. Kingston Nelson, 5917 Kellogg Avenue, protesting the proposed ordinance; and Hr. Nelson was present and supported his letter verbally. Mr. Nelson's protest was on the point that the Council does not have the authority to legislate as to what can and what cannot be sold at any certain time. Nr. Hodgson reported that five recent SupremzAourt decisions have ruled can legislate on one part of. a problem at one time and another part of same problem at another time. read to the audience the changes proposed in the ordinance as first heard on February 5, and Dickson offered for its first reading the following Ordinance No. 183, moving that Council dispensz with the second reading thereof and adope Ordinance as submitted: Mayor Bredesen called Public Hearing Nayor 'redesen then * OWINANCE NO. 183 AB ORDIN&?CE RELATING TO BUSINESS ACTIVITIES 01; SWAYS, PROHIBITING CERTAIE OF 6UCH ACTIVITIES, AND PROVIDIKG PENALTIES FOR VIOLATIONS THE VILLAGE COUNCIL OF-THE VILLAGE OF EDINA, FIINNESOTA, OlXDAfNS: Section 1. Purpose. It is determined to be in the interest oE the public health, order, convenience and general welfare to observe certain days, hereinafter specified, as days of rest and recreation, free from unrestricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. Section 2. Definitions. Subd. 1. "Person" means any individual partner- ship , corporation, association, or other group, however organized, and includes agents and employees. Subd. 3. "Restricted Item" means any of the following: Clothing and wearing apparel; cloi3iing accessories; footwear; furniture; furs; housewares; chinaware, poirtery and glassware; household or business or office furnishings and appliances; hardware; tools; paints and varnishes; building materials and supplies; jewelry; cameras; silver- ware; watches; clocks; luggage; musical instruments; musical recordings; radio reckivers; television receivers ; phonographs and record and tape players; lawn mowers; boats; outboard motors; automobile parts; automobileaaccessories; toys other than novelties 2nd souveniers; lumber; floor covering; farm implements and machinery; groceries; mzats and foods, not prepared and served on the premises or served elsewhere by food caterers. 27 2/26/62 .Subd. 4. "Sell'* includes making a sale, assisting in selling, engagin, in the business of selling, extending credit for a sale, and attempting to sell. Subd. 5. Section 3. LaSunday'" means tae first day of the calendar w+k. j I Sales ResLricted. No person shall sell a restricted Ltcm on Sunday. Section 4. Permittin% Sales Prohibited. No parson who is in charge of a business establisiimmt , or a part thereof, whether as the owner, corporate director, corpora& officer, manager, supe-rvisor, or otherwise, shall permit another person to sell a restricted item in such establishment or part thereof, on Sunday. Section 5. Sales Not Restricted. The prohibitions contained in Sections 3 and 4. shall not apply to the following: (1) An isolated sale from a residence by a person not regularly engaged ii1 selliiis the kind of merchandise sold. (2) establishment at whicli not more than four persons are regularly engaged in the conduct of the business. The sale of groceries, meats and othclr foods in any business (3) The sale of automobile parts or accessories at gasoline service stations where such items are Customarily available, or .tile sale of such items in any isolated sale constituting an emergency. (4) The sale by any person of the products of a farm or garden occupied and cultivated by him. (5) The sale at any public auditorium, stadium, bathing beach, amusement park or sports arena of marchandise which is essential to, customarily sold at, or incidenral to the operation of such place. (6) The dispensing of any coupon, stamp or merchandise premium in conjunction and simultaneously with the sale of any merchandise the sale of which is not prohibited on Sunday:, (7) The advertisement for sale of any merchandise by any newspaper or ocher established advertising medium. (8) The sale of confections; ices; ice creams; dairy products; eggs; electric fuses; light bulbs; and other items, other than gas or electric appliances, essential to the safe operation of heating, lighting and plumbing equipment already installed. , Section 6. Separate Offenses. Each sale of a restricted item in violation of this ordinance is a separate offense. Section 7. Interpretation. Subd. 1. This ordinance is not to be Subd. 2. If any provision in this ordinance is found to be void, the construed as permitting any act which is othe-rr.ise remaining provisions shall remain valid unless such provisions, standing alone, are incomplete and are incapable of being executed. prohibited by law. Section 8. Penalty. Any person violating this ordinance shall, upon . conviction thereof, be punished by a fine not exceeding $100 or by imprisonment for not more than ninety days. Section 9. This ordinance shall be in full force and effect from and after midnight, Saturday, March 10, 1962. Motion for acceptance of first reading of revised Ordinance, waiver of second reading thereof, and adoption of Ordinance as submitted, vas seconded by VanValkenburg , 28 2/26/62 ROLLING GREEN DIPROVEbiENTS (SANITARY SEI;IER, WATERMAIN, STOP41 SEJER, STREET WSURFACL ING) ABANDONED. Playor Bredesen called Public Hearing on the above proposed improve- ments, these hearings being continuation of hearings held on January 22. Because most of the property otmers in the east and south portions of-the subdivision had expressed themselves, both by petition and verbally, as being in opposition to the improvements as proposed at the last hearing, a proposal for SANITARY SEVER to serve Bywood Vest from 1125 feet north of Interlachen Blvd. to Annaway Drive; Annaway Drive from Bywood West to cul-de-sac; Mait Lane from Annaway Drive to Merilane; Nerilane from Nait Lane to cul-de-sac was presented, (together with a proposal for Bywood T-lest from Interlachen Blvd. to 1125 feet North--this last line to be by gravity line, at $1,774.94, and th2 first to include partial cost of a Lift Station, for total bf $2,159386 per lot, was made. *The first proposal made at: this meeting also involved assessment of an estimated $432.84 for the lift station only, because this lift ~7ould necessarily be constructed to serve these additional properties at such time as they want sever. to be assessed under these proposals was shown to audience by means of a colored map. These proposals ~70uld not serve Paddock Road; and it ~7as pointed out that, at such time'as sewer service is needed, here, another lift must be constructed-- and a rough estimate of a total of $8,000 per lot was made for lift station-lateral service in this area. Manager Hyde xeported that the Village in no way recommends this piecemeal construction; that it is believed that an area-wide sanitary sewer project is the best and most economical solution; but that the proposals made this evening are a substitute for sewer service to the west part of Rolling Green, for those people who now want the service; that, at the request of the Flayor, estimates of private services have been secured by the Village for three of the homes needing service; that, because percolation tests cannot be taken during the sinter these bids are made on basis of hypothetical tests; that they run from $700 to $1,025, depending on location of residence. propoaents believe the compromise plan is a good plan and are willing to accept it. stating there should be no question in anyone's mind that private sewage systems are as good as, or better than, public service; that, in order to function satisfactorily, private systems must constantly be maintained; and that if, as has been stated by the Council, public sewer must come sooner or later, costs will be up 5f there is a wait of five or ten years. Mr. Olson asked for a report from the Village Sanitarian as to the relative safety of private systems as opposed to public systems, stating both proponents and opponents have a right to this advice. Clerk reported receipt of six withdrawals from the petitions originally tendered; and Attorney Philip Neville, representing the opponents, submitted the withdrawal of lk. Gunnar Johnson, owner of 9 lots. ' Mrs. Gladstone Stenson, sponsor of petitions, presented to Council-a report from the SLate Board of Health, containing report by Nr. 'Woodward, Director, 'Division Environmental Sanitation, relative to ground water contamination in unsewered areas in Minnesota. She also submitted a report showing amount of taxes being paid in the area, saying lack of public facilities is delaying the development of the area. She asked that the.improvements go into the entire area at one-time for the reason that this the best way for the construction to be accomplished. Mrs . Stenson alsolireported that the proponents have been very much irked about the statemmts concerning street surfacing and curb which have come from the Village Hall, feeling that these estimates have served to confuse the property owners. Nrs. Newmann, Paddock: Road, inquired of Captain Gans as to what may be done by the three propercy owners on this street if a drainfield is installed now and subsequently fails. presently be served by a lift station would be c"prohibitively expensive"; that as the area to the north and east is developed it may be that this property would require use of this lift. Mrs. Stenson asked that the Rolling Green area residents "begin their charity at home" and consent to a full-area improvement in order that all might benefit. Nr. Neville, speaking for the opponents, presented a map, showing that with the withdrawals noted at the last meeting and those now 84% of the properties signed against the improvements; that even Bywood 17est 2s unanimously in opposition as far north as the Stenson and Mitchell lots; that Mr. Eensley, Village Sanitarian, has told him that as far as Hensley knows from his examination there is no health hazard which would justify a this sewer; that cost of improvements, including street resurfacing, would be an average of $5,300 per lot, whereas a cost of $700 to $1100 would provide adequate private sewer systems; that it is not proper to expect everybody to pay $5,000 or more because some people are having sewage troubles; and, that with the over- whelming opinion against the improvements it is felt that Council should deny the petitions. Private sep7age system in all parts of the country because it is too expens&ve to provFde them with public sewer systems; that at the several neighborhood meetings held by Rolling Green residents since the last hearing it has been suggested that i The area proposed Speaking for the proponents, Attorney Richard E. Olson told Council the Be asked that each individual property owner consider the comiparative'costs, Be reported that public sewer €or the small area which can of this past week, there are public demand for Nr. D.E. Balch pointed out that homes on large lots are being provided with there is no sewage trouble in the area which cannot be handled privately. 2/26/62 29 In answer to Mr. Olson's request for report by Village Sanitarian, Mr. Hensley reported that to be a public health problem, sewage must: (1) contaminate drinking water supply, or (2) be accessible to insects, rodents or other possible carriers which may come into contact with food or drinking water, or (3) be accessible to children, or (4) violate laws or regulations governing water' pollution or sewage disposal, or (5) pollute or contaminate waters of any bathing beach or stream used for public or domestic water supply purposes 9r for recreational purposes," or (6) give rise to a nuisance due to odor or unsightly appearance; that there 8 has been one instance of sewage above ground in Rolling Green but that this has been corrected; that insefar as wells being safe, tests taken show that wells were safe at time of tests but it is impossible to state that they will continue to remain safe; that from his own experience he finds public sewer service to give better results than private systems, but that certain types of private systems, properly installed and properly maintained, will give satisfactory service; that, at the present time he finds no public health hazard in Rolling Green; that whether Dr. Newmann's house soil1 support'a private sewer system he does not know. in Rolling Green is that because the lots are 1Bgge the impro ements cost more than in most areas; but that the services will/paid for one way or another whether or not public ser ices are installed. problem can be handled privately. the various treatments necessary to provide good water from private wells. asked that consideration be given to water installation. installed, and was informed that wells may be used for lawn sprinkling providing here is no cross connection. Trustee Dickson, stating he understands and sympathizes with chose wanting service but still does not feel it is fair to penalize AI&, owners of 84% of the properties when there is th'e possibility of providing private sewer systems at a cost less than public system would cost, molted that petition for Sanitary Sewer in Rolling Green be denied. Xayor asked for Rollcall vote on motion, and there were five ayes and no nays, as follot7s: Diclcson, aye; MacMillan, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and motion was unanimously cayried. votes with statements as to their reluctance to den, public senrice to those residents who want it, now; and Mayor Bredesen told audience he feels sure the entire area will want public service in the future. STORN SEWER IMPROVEMENT was next .discussed, with Captain Gans stating that in an area as flat (and even dish-shaped)' such as Rolling Greefi any attempt to drain the area without benefit of curb and gutter is rarely 100% effective, and that unless tnere is one area within the district which is particularly bother- some he would recommend that a storm sewer project be omitted at this time. Mr. Balch told Council neighbors have agreed to re-petition Council for storm ses;ler for eke small areas which need it. Tupa then moved that petitions for !?atemain and for Storm Sewer in Rolling Green be abandoned. vote, as follows: Diclcson, aye; MacMillan, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; Mr. Kenneth Jensen supported the improvements, saying that the great problem Dr. Sponsel stated he is now opposed to improvements because his sewer Mrs. Stenson then presented two water samples, taken from her home, emphasizing She Mr. Roscoe Furber asked if private wells could be used if public system is Motion seconded by VanValkenburg. Both MacMillan and Tupa prefaced their Motion seconded by NacMillan and carried by unanimous rollcall PUBLIC HEARING ON PROPOSED SANITARY SE1*7ER AND IIATER SERVICE CONNECTIONS IN HALIFAX AVENUE FROM ?&WHOLE 400' SOUTH OF t7.62ND STREET TO CROSS TOWN HIGEJAY--WATER SERVICE CONNECTIONS TO BE INSTALLED IN LOTS 2 AND 5, BLOCK 1, PEACEDA4LE ACRES, HOPPE N3PLAT. February 15 and 22, and of Mailing to effected property ownqrs of Notice of Hearing. Pursuant to said Notice, Public Hearing ~7as conducted on above-entitled proposed improvement. proposed to be assessed against 20 Lots, for $438.76 per Lot; with an additionat charge of $552.55 for sewer connection to Lot 5, Block 1, Peacedale Acres Hoppe Replat, and connection charges for Watermain Connections to Lots 2 and 5, Block 1, Peacedale Acres Hoppe Replat of $392.91 each. proposed improvement from the floor, and no written objections had been received prior to the Hearing. Mayor Bredesen ~7as not present at this Hearing, having been escused for a few moments. Resolution and moved its adoption: Clerk presented Affidavits of Publication in Edina-Morningside Courier Manager Hyde read Engineer's Estimate of $12,775.22 for Sanitary Seaer, There were no objections to the Dickson presided. MacMillan offered the following RESOLUTION ORDERING. IMPROVEMENT SANITARY SIWER DPROVEmNT NO. 193 BE IT RESOLVED by the Council of the Village of Edina, Efinnesota, that this Council heretofore caused notice of hearhg to be duly published on the following proposed improvement : CONSTRUCTION OF VILLAGE SANITARY SEVER AND APPURTENANCES IN HALIFAX AVENUE FROM THE WHOLE 4.00' SOUTH OF V.62ND STlU3ET TO THE CROSSTOI7M HIGITi~JAY and at the hearing held at the time and place spedified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed wtth the construction of said improvement, being construction of Sanitary Sewer and Appurtenances in the location 38' 2/26/62 I. hereinbefore set forth, construction of additional sewer connection for Lot 5, Block I, Hoppe Replat, and construction of water service connections to Lots 2 and 5, Block 1, Peacedale Acres Hoppe Replat; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY . SEWER IMPROVDiENT NO. 193; and the area to be specially assessed for construction of Sanitary Sewer and Appurtenances shall include Part of Lot 2, Block 1, Peacedale Acres; Lots 1 to 7, inclusive, Peacedale Acres Trafzer Replat; Lots 4, 5 and 6, Block 1, Replat of Lots 5 and 6 , Block 1, Peacedale Acres; and Lots 1 ,2 and 3 , Block 1, and Lots 3, 4 and fOspl8$c 2, Peacedale Acres Hoppe Replat. Block 1, Peacedale Acres Hoppe Replat shall be paid as "connection charges'' at such time as said lots are connected with respective water connections and sewer connection. 14otion Eo; adoption of Resolution vas seconded BE IT FURTHER RESOLVED that a&roFonnections to Lots 2 and 5 , Block 1, sanitary sewer connection additional, to Lot 5, Peacedale Acres Hoppe Replat, I Tupa, aye; and PUBLIC HEARING ON PROPOSED CONSTRUCTION OF GRADING AND GRAVELLING IN HALIFAX AVE. FRO14 TRE SOUTH LINE OF ROY H. PETERSON'S 2ND ADDITION TO THE CROSS TOWN HIGHWAY. Pursuant to '?Notice of Public Hearing" published in Edina-Norningside Courier February 15 and 22, 1962, and mailed to property otmers, Public Hearhg was called by Mayor Pro Tem Dickson on the above-entitled proposed improvement. Clerk presented affidavits of publication and mailing, waich were approved as to form and ordered placed on file. Nanager Hyde read Engineer's estimate at $5,783.52, proposed to be assessed against 1,577.26 feet, for $3.67 per assessable foot. No objections vare raised at the Hearing , and no written objections nad been received prior thereto , and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION ORDERING IEIPROVDIENT STREET INPROVEBENT NO. C-84 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 improvemznt : I CONSTRUCTION OF GRADING AND GRAVELLING IN HALIFAX AVE. FROX THE SOUTH LINE OF ROY 8. PETERSON'S 2ND ADDN. TO THE CROSS TOWN HIGHYAY and at thg-hearing held at the timz and place specified in said notice tha Council has duly considered thc view of all pzrsons interested, and being fully advised of the pertinent facts docs hereby deteimine to proceed with the construction of said improvement; that said improvemznt is hereby designated and shall to in all subsequent proceedings as STREET IW?ROVEllENT NO. C-84, and the area "to be specially assessed therefor shall include all lots and tracts of land abutting that portion of the street proposed to be improved. be referred Notion ,for adoption of the Resolution vas second were four ayes and no nays, as fo1los.l~: Dick pa and on Rollcall there anValBenburg , aye; and the Resolution PUBLIC IGARING ON PROPOSED SANITARY SEI?ER IN BROOK DRIVE FRON EXISTING $€ANHOLE TO t7.68TH STREET EXTENDED. Horningside Courier February 15 and 22, 1962 of 'Tilotice of Hearing", also of mailing of Notice to affected property owners, which affidavits were approved as to form and ordered placed on file. Pursuant to Notice,. Public Hearing 17as called on above entitled proposed improvement, and lfanager Hyde read Engineer's Estimate of Cost at $15,488.70, proposed to be assessed against nine lots, for $1,720.97 per Lot. Nayor Bredesen returned to the meeting at this time, and presided for the balance of the evening. It v7as explained by Captain Gans that this sewer must be installed before paving is done this summer. Mr. Leonard Fellman, owner of Lots 1 to 5, inclusive, Block 1, Fellman'? Addition, inquired as to what made up the Estimate, and this was exTlained in detail. the estimate, saying his own estimate is much less, and asked if he could take bids on the project, Iiimself. Nanager Hyde explained that Mr. Fellman could do the job, according to Village specifications, providing he would put up bond to the Village and assume collection for the lots he does pot own. feels that the Village plans and specifications for the project are consistent 17ith good construction practice, and that the estimate is not excessive. Trustee Tupa stated he feels that if 3lr. Fellman wishes to given the privilege of doing so. Nr. Fellman asked for privilege of getting bids. Clerk presented affidavit of Publication in Edina- Nr. Fellman seemed surprised at the amount of Captain Gans told Council he pay for this project he should be There v7ere no objections registered from the floor, and none had been received 31 2/26/62 prior to Public Hearing. VanValkenburg offered the folloiring Resolution and moved its adoption: RESOLUTION ORDERING INPROVEBBNT SANITARY SEWER IMPROVEMENT NO. 194 BE IT PdSOLVED by the Council heretofore caused notice of hearing to be duly published on the following proposed improvement : ouncil of the Village of Edina, Ninnesota, that this CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN BROOK DRIVE FRON eXISTING 1.IANHOLE TO T.1.68TH STREET EXTENDED and at the hearing held at the time and place specified in said notice the Council has duly considered the viev7s of all persons interested, and being fully advised of the pertinent facts does .iereby determine to proceed sith the construction of said improvement; that said improvemmt is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEI.?ER IHPROVBENT NO. 194, and the area to be specially assessed therefor shall include all lots and tracts of land,abutting the street proposed to be imp roved. Motion for adoption of Resolution was seconded by BlacMillan, and on Rollcall (The owner of Lot 2, Block 9, LaBuena Vista, inquired as to when Village expects to advertise for bids, saying he has a house under construction and is anxious to have sewer.. He was informed that date of bids has not yet been set, but it is expected to be this spring. with Village Engineers relative to his request that he be allowed to take bids, in order that this construction may go in before paving time. Mr. Fellman v7as asked to get in touch GLACIER SAND & GRAVEL COMPANY PETITION FOR STREETS VACATION DENIED AGAIN: COUNCIL WANTS 1NFORMATIOT;J ON PLANS FOR PROPERTY. of Publication and Posting of "Notice of Public Hearing on Petition for Vacation of Streets", which affidavits were approved as to form and ordered placed on file. Pursuant to Notice, Public Hearing was conducted on the petition of Glacier Sand and Gravel Co. for the Vacation of W.72nd and I.J.73rd Streets from France Avenue to Chowen Avenue, and of Ewing, Drew and Chowen Avenue from W.72nd St. to 51.73rd St. Petition states petition for vacation is filed for the purpose of having streets vacated before petition €or vacation of plat of "Harriet Park" is presented to District Court for action. This was the second Hearing on this petition, Council having denied petition on December 13, 1961. Planager Hyde ex plained that all surrounding property is owned by Glacier; that this three- block plat is at the bottom of a gravel pit; that before any type of replatting is done for this area the present plat should be vacated; that the streets have never been open. Nr. Art Nelson, President of the South Garden Association, Elr. Richard Morton, and Mr. Edward Delaney, all asked for the purpose behind the proposed plat vacation, and Mayor Bredesen suggested that Council withhold action on petition for vacation until another plan for the property is presented. Tupa's motion for denial of petition was seconded by Dickson; and a rollcall vote on motion showed. five ayes and no nays, as follows: Dickson, aye; Placl4illan, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye. Clerk presented Affidavits PARK SITE NEGOTIATIONS, AND SITE PLANNING EXPENDITURE AUTHORIZED FOB VILLAGE- SCHOOL JOINT PhRK BEAR VALLEY VIEIpJ ROAD. Mr. K.T. SEqens,;, Chai-man of the Park Board, recomended purchase of the 40-acre tract known as the "Davis" property, located directly north.of the School Board's Junior High Scilool property on Valley View Road and just east of the property on Gleason Road on ~hich the School Board plans to locate an elementary school. Board feels that this property would help to tie the two school facilities together and, as.a joint scaool-village project,could serve as a sports and recreation area for the entire western part of the Village, Nr. %evens * reported that the Park Eoard has investigated acquisition of the traFt and has done some coqiderable wark with the School Board on the matter of joint site planning; that in this case the School Board has assurred the Park Board of its interest and ~'70uld be willing to share cost 17ith Village in developing site plan; that the School Board v7ould stand the basic cost of development for things needed by it for school site, and Village would stand cost for those things needed for parks. Plr. Skyens., told Co ncil that grading to be done jointly by school and village 170uld permit use/o? that portion of land lying south of Nine-Mile Creel: (very low land), €or a total facility. Mr. Tupa inquired as to whether the thinking on development of this area includes development of Nine-Mile Creek. Mr. Hyde answered that the Creek would be developed in accordance with plans for Nine-Mile Creek Watershed District and ponding area to the north. Mr. ,Jacus, School Board's representative on the Park Board, told Council that site planning is essential, E, so that plans and specifications €or the Junior High Building do not get ahead of site plan; that building architects would like to establish elevation of school not later than May 1. Stating the Park m s? Tupa then moved that the Village 2/26/42 3% enter into contract t7itil the School Board for the Planning of the site, on the apqroximately same basis as the joint planning contract for Cornelia School area; authorize negotiations for the purchase of the 40-acre tract of land known as the "Bavis" tract, just north of the Valley View Junior High School tract, for use as park and recreation land; and that the Village authorize the expenditure of moneys for site planning on a joint basis with the School Board of a total of $3,000, to be paid on a 50-50 basis by School and Village. Motion seconded by Dickson and carried. It v7as noted that this property is an estate, with many heirs interested; that it is very difficult to estimate the cost because SO much of the tract is 10~7, s17amp land. PUBLIC HEALTH NURSIXG RXPORT FOR JANUARY, 1962 v7as submitted, reviewed, and ordered placed on file. PETITION FOR CUB AND ~7as submitted and, by accepted and referred I GUTTER IN ST.JOHNS AVENUE FROX GOLF TERRACE TO LATCEVIEt7 DRIVE motion VanValkenburg, seconded by Tupa and carried, v7as to Engineering Department for programming. LETTERS OF APPRECIATION AND COBME2?DATION RECEIVBD AND ORDERED FILED. letters were submitted, reviewed by Council and ordered placed on file: 25 years' service. "wonderful job" public works department has done in street plowing during heavy sno~7s . 3, From Mr. Ward E. Lzwis, Vooddale Avenue, in appreciation for "splendid job under tremendous difficulties ,respect to snow removal". 4. From Mrs. Lois $1. Terry, 4805 School Road, in appreciation to Fire Department for services rendered in emergency. 5. Deparisment for splendid handling of hit-run accident on Highway #loo. 6. From $lr. Walter J. Carlson, 3700 Chowen Curve--thanks to Police Department for "efficient, considerate and courteous service" in emergency. 7. To Police Officer Cal Lundberg, for services in settling domestic problem. The follotring 1. 2. From Hrs. $1. E. Fisher, 5520 Mirror Lakes Drive, in appreciation for From Police Officer Hilding Dahl, in appreciation for gold badge given on From Mr. A. $fort Paymar, 9901 South Lyndale Ave.--thank you to Police LAiW SURVEYORS' CERTIFICATE OF CORRECTION TO THE PLAT OF KOHLRIDGE SECOND ADDITION APPROVED BY COUNCIL. This Certificate, signed by Arleigh C. Smith, stating, +'the said plat of KOHLRIDGE 2nd ADDITION is hereby corrected in the follo~7ing particulars to ~7it: " I 'The correcred legal description for that part of said plat of ITOIILRIDGE . 2nd ADDITION contained in the North half (N 1/23 of Lot Seven (7) of 'Varden Acres, Hennepin County, Ifinn. ", is described as follo~7s : That part of the North half of Lot seven (7) of Varden Acres, Hennepin "ounty, Minn .'", more particularly described as follot7s : Commencing at an iron stake, 3.70 Hundred Seventy-six and Five Tenths (276.5) feet South and Five Hundred Fifty-five (555) feet Vest of the Northeast comer of the Southwest Quarter of the Northeast quarter (S.17. 1/4 of the N.E. 1/4) of Section Thirty-two (32) , Township One Hundred Seventeen. (117) North, Range 3.7enty-one (21) Best of the 5th Principal Meridian, (said iron stake also being the Northeast comer half (PI. 1/2) of Lot seven (7) of ?7arden Acres, Hennepin County, Minn."); thence South parallel with the East line of said Southwest uarter of the Northeast Quarter (S.W. 1/4 of the N.E. 1/4), One Hundred Twenty-one and Seventy-five Hundredths (121.75) feet; thence Vest parallel with the North line of the said Southwest Quarter of the Northeast quarter (S.N.1/4 of the N.E. 1/4) to the shore of.Hav7kes Lake; thence Nortli~?esterly along the shore of said Ilawkes Lake to the intersection with the North line of said North half (N.1/2) of Lot seven (7) of 'Warden Acres, Hennepin County, Minn. *'; thence East along the North line of said North half (N. 1/2) of Lot seven (7) of Warden Acres, Hennepin County, Minn. to the point of beginning. Except the East One Hundred Sixty (160) feet thereof." of the North VanValkenburg's motion, that Surveyor's Certificate of Correction to the Plat of KOHLRIDGE 2nd ADDITION be approved 17as seconded by Tupa and carried. STOR-f SEVER RELIEF FOR JAMES GRZESKO:7IAK, 4600 HEAD017 ROAD, TO BE STUDIED. 3Ir. Grzeskowiak appealed to the Council for relief from a bad drainage problem, saying he is especially worri_ed, this year, because of the heavy snow, v7hich, when thawing, will certainly flood his basement and make a lake of his adjacent lop7 lot. Mr. Hyde reviewed for Council the petition for Storm Sewer filed by Nr. Grzeslcowialc and some og his neighbors in 19599 the resulting survey by Suburban Engineering Company, which determined the only outlet. for the watershed area to be Ilinneaaha Creek, and estimated cost of project at some $348,000, for an assessment of an estimated $.lo per square foot to residential properties, $.20 to commercial lands; sh-. Hyde's notification to petitioners of findings; and petitioners' failure to notify the Village of need for this project. Some discussion v7as Liad during which Blr. Hyde reported he has heard that this particular property may have been reserved Eor storm sewer purposes at the tims of platting, and asked Mr. Grzeskowiak to check t . 21 2C /b 2 33 his abstract. Council revtewed ways and means 05 routing drainage; some ~?onderiiig if storm water cannot be diverted into Sunnysidz Road; and Oirector 02 Public I-forks t7as directed to study problem to see if there is some practical s-7ay of giving relief to Nr. Grzeskos;liak, and to repoTt his findings to the Counci 1. COUNCIL DENIES PETITION FOR CWGE OF NAME OF "WARDEN AVENUE" TO "GATE PARI( ROAD". PetiCion submitted to Council by Clerk. change in name for reason that motion, that petition be denied, was seconded by VanValkenburg and carried. Planning Direcror Hite recorumzilded againsir. the new plat, "Edina Parklands'' has deliberately - carried the extension of Varden Avenue as the name of its street.. Diclcson's "STUETS" ORDINANCES ADOPTED. proposed ordinances designed to reduce street maintenance costs and aid in keeping streets and storm sewers free €rot. debris and safe for trabel. Ordinances were recommended for passage by Captain Gans, Director of Public llorks. 1. ORDINANCE NO. 142-2 - "An Ordinance Amending Ordinance No. 142-1 of the Village, Relating to Offenses Against Public Places, by Prohibiting Dumping of Grass Cuttings, Leaves, Papers and Other Trash on Public Stree.ts". Mayor protested tnat "the whole Village would be in jail" if the dumping of leaves on the street was prohibited. policy in municipalities to prohibit the raking of yard leaves into the streets; that leaves are the worst offenders in plugging storm sewers. discussion on prohibition against shoveling driveway snow into the streets, tile Council being of the opinion that the prohibition should apply only to the "jeep-typec" snow plows , which PIOW driveway snow out into the traveled roadway rather than deposit it on the boulevards, as contrasted to the "hand shoveler", t7ho deposits his driveway snow on either side of the driveway. It was decided by common consent to eliminate reference to leaves, and to stipulare prohibition against snow dumping "by mechanical means". Dickson then offered the following Ordinance, moving for acceptance of first reading, waiver of second reading, and adoption of Ordinance as submitted: ORDINANCE NO. 142-2 OF THE VILLAGE, RELATING TO OFFENSES AGAINST PUBLIC Council vas given for first reading three Captain Gans told Council that it is cormon There 57as also AN ORDINANCE MNDING ORDINANCE NO. 142-1 PLACES, BY PROHIBITING DUIPING OF GRASS CUTTINGS, PAPERS AND OTHER TRASH ON PUBLIC STREETS TI33 VILLAGE COUNCIL OF THE VILLAGE OF EDINA, T-UXNESOTA, ORDAINS: is hereby further amended to read as follovs: Section 1. Section 6 of Ordinance No. 142 of the Village, as amended, "Section 6. No person shall place, throw or dump, or cause to be placed, thrOV7n or dumped on any street, alley, sidewalk or other public roadway or highway (a) any grass cuttings, papers, trash, oil, gasoline (b) by mechanical means, any accumulation of snow or ice; (c) any glass, tacks, nails, bottles, cans or other substances or things that might wound any persou or animal, or cut or puncture any pneumtltic tire.'" passage and publication according to law. *. Placing Objects in Streets. or other cnmbustible material; Section 2. This ordinance shall be in effect from and after its Dickson's motion for waiver of second reading and adoption of Ordinance as submitted was seconded by MacNillan, a no nays, as follovs: Dickson, aye; Ma 2. Dickson offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: ORDINRNCE NO. 166 AN ORDINANCE RGLATING TO THE LITTZRING OF STREXTS, ALLEYS AND OTHER PUBLIC PLACES IN THE COURSE OF CONSTRUCTION WORK IN THE VILLAGE AND PROVIDING PENALTIES FOR VIOLATION TIGREOF. TIE VILLAGE COUNCIL OF TI33 VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. Precaution Against Littering Required. .No person shall permit a veiiicle to enter upon a public street, alley, sidewalk or other public place without first: street, alley, sidewalk or'other public place; and (a) having its tires and sheels cleaned so as not to litter or soil any 1. 2/26/62 (b) having any material removed from the interior or exterior of the vehicle body wnich might fall or be deposited upon any street, alley, sidewalk or public place by normal movemznt of the vehicle in traveling over such places. Sec. 2. Naintenance at Building Site. All streets, alleys, sidewalks or'public places adjacent to any building or construction site shall be main- tained in a litter-free condition at a11 times. This shall include such soiling or littering caused by erosion, landslides or general construction activities ak such site. See. 3. Principal Responsible; Joint Responsibi.lity. Whenever a person is engaged in any construction of maintenance activity as principal, it shall be his responsibility to see that none of the above rules are violated by himself, his agents, employees, subcontractors, or haulers of materials and supplies. If more than one principal is involved *in work which contributes to the littering of streets, alleys, sidewalks or other public places in the same site or area, they shall be severally and jointly responsible for compliance .with these rules. Sec. 4. Clean-up Required. If a street, alley, sidewalk or other public place should become soiled or littered through any of the aforementioned means, the person or persons responsible shall cause such soiling or littering .to be cleaned up not later than the end of the working day in which such soil-. ing or littering shall have occurred or been observed. Sec. 5. Enforcement by Director of Public Works, etc. If a person or persons responsible for violation of this ordinance shall fail to comply with any order of the Director of Public IJorks and Engineering or his duly authorszed representative to clean up, or shall fail to take such precautions as are declared by said Director to be necessary to prevent foreign materials from being deposited on ishe street, alley, sidewalk or other public place, then the Director or his duly authorized representative may order (in writing) all ingress and egress. to the site or area involved to be stopped until compliance with the order is effected. not apply to construction work within the barricaded area of vork being done in the street or other public right-of-~~ay pursuant to a Village excavation authorizing the same, or tso certain emergency or other work being performed within a barricaded area pursuant to a Village contract, under permit issued by the Village, or being performed by emergency forces, provided that excavated material stored temporarily within the barricaded area shall not be scattered or carried or allowed to accumulate outside of such area. the provisions of this ordinance or with any order authorized to be issued here- under shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $100 or be imprisoned not exceeding 90 days. violation is comitted or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. imposed in addition to the stoppage of ingress and egress authorized under Section 5 hereof. passage and publication. Notion for adoption of Ordinance as submitted, and waiver of second reading, ~7as seconded by NacElillan, and on Rollca follows: Dickson, aye; Elacllillan, aye; 34 Sec. 6. Certain Construction Work Exempted. The above rules shall permit Sec. 7. Penalties. -Any person who shall fail to comply v7ith any of Each day such Such penalites may be Sec. 8. This ordinance shall take effect immediately upon its 3. Dickson offered the following Ordinance, moving that Council accept it for its first reading, waLve second reading, and adopt Ordinance as submitted: ORDINANCE NO, 57 AN ORDINANCE REGULATING EXCAVATIONS IN ANY VILLAGE, REQUIRING A PERMIT AND PROVIDING STREET, ALLEY, PARK OR PUBLIC EASEMENT IN THE I PENALTIES FOR THE VIOLATION THEREOF. T€IE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section I. Pr"eemit Required for Excavating. No person shall excavate, dig, tunnel, trench or ditch in or under any street, alley, park or public ease- ment for the purpose of connecting or installing any water, sewer, drain, gas, steam, electric or telephone cdnduits, conductors or pipes or for any other purpose, without first obtaining a permit and paying the fee therefor and giving bond as hereinaftef provided; however, such permit shall not be required for work to be done under the supervision or inspection of the Director of Public and Engineering or his agents or employees. shall be made in writing on an official Village form setting forth the regulations contained in Section 10 of this ordinance. Norks Sec. 2. Form of Application; Regulations. Each application for permit I 2/26/62 Sec. 3. Permits to be Eept on Work Site. ilach permit for excavation35 shall be issued in writing by the Village Clerk and shall be kept on the site of the vork while it is in progress, in the custody of the individual in charge of 1 the work. official or police officer. shall pay a fee the permit. longitudinal excavation shall be deemed a location. restoration, as follo~7s : The permit shall be exhibited upon request made by any Village Sec. 4. Fees for Permits. Before a permit is issued, the applicant of $5.00 to the Village Treasurer for each location covered by Each transverse excavation and each 100 feet or portion thereof of The applicant shall also pay a fee for street surface repair and (a) Graveled or oiled surface $10.00 (c) Portland cement concrete surface $40.00 (b) Asphalt concrete or bituminous surface $30.00 Note: (b) and (c) are based on tranch size 2 ft. x 4 ft., requiring surface cuts 3 ft. 6 in. x 5 ft. 6 in. Larger pavement cuts will be charged proportionately. expeditious manner until completion in order to avoid unnecessary inconvenience to traffic. applicable regulations pertaining to excavations and utility connections, or the work shall cease or be abandoned without due cause, the Village may immzdiately take such action as may be appropriate under the circumatances in the interest of the public, and after 24 hours' notice to the permittee of intent to do so, may correct said work and fill the excavation or repair the street. to the Village of such work shall be paid by the permittee. . Sec. 6. Bond Required. Unless the applicant has in force the bond required of licensed plumbers, a surety bond in the amount of $2,000.00 shall be required from each permit applicant, such bond to be conditioned that the holder will perform the work in accordance with this ordinance and applicable regulations, and will indemnify and save the Village and its officers harmless against any and all claims, judgments or other costs arising from the excava- tion and other work covered by the permit or for which the Village, Village Council or any Village officer may be made liable by reason of any accident or injury go persons or property through the fault not properly guarding the excavation or for any ocher in-lury resulting from tile negligence OE the permittee. Sec. 7. Obstruction of Work. No person shall hinder or obstruct the making or repairing of any opening being made or repaired under a permit issued as herein provided. are not in lieu of but supplemental to provisions of other ordinances requiring Sec. 5. Diligence in Performing Work. Vork shall progress in an In the event that the work shall not 'pe performed in accordance with The entire cost , 01 the permittee either in Sec. 6. Provisions Supplemental. The provisions of this ordinance I utility connection permits. Sec. 9. All Work to Comply with Regulations. Work for which a permit is not required under Section 1 hereof shall nevertheless be required to comply with the regulations contained in Section 10 of this ordinance. Sec. 10. Regulations .- (a) Safety. (1)- General - The following sections of the Village's General Contract "Sec.27. (d) Sanitary Provisions: The Contractor shall observe and comply Conditions shall apply: ~;lifh all laws, rules and regulations of the state and local authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. He shall provide suitable "toilet" Lacilities .c %or vorlmen on the project. " timss conduct his operations and perform the work in such a manner as eo insure tile least obstruction and interference to traffic. The Contractor shall take adequate precautions to insure the safety of file general public and those who require access to abutting property.'* Sec.27. (f) Traffic Provisions: in all cases where construction work interferes vikh the normal use of the construction area, provisions will be mad2 to close the construction area to traffic or to afford it restricted use of the area. Proper detour signs acceptable to the Engineer shall be furnished by the Goneractor at locations desisnated by the Engineer.tn "Sec.31. Accident Prevention: Precaution shall be exercised at all times Eor the protection of persons (including employees and property), provisions of applicable laws, building and construction codes shall be observed; machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Association of General Contractors of hmarica, t~ the. extent that such provisions are not in conflict of applicable law." (2) Excavations and work operations shall be properly protected and identi- fied by barricades, flags, and if required, by flagmen in the daytime; and by flares, blinkers or red lanterns at night. soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. 5 feet of a power or communication cable, guy or stay. "Sec.27 (3) Public Convenience and Safety: The.contractor shall at all The safety (3) Excavations shall be cribbed when necessary and depending upon type of (4.) The end of boomed or swinging equipment shall not operate closer than 36 2/26/62 (5) Underground construction shall not unnecessarily or carelessly harm (b) Roadway. Installation of pipe (utility conductors) under Portland Cement Concrete, Asphalt Concrete, or other high-type bituminous pavements shall be done by jackkg, auguring or tunneling as directed by the Village unless otlien7ise authorized. Wien this type of installation is made, a casing of larger dimension sLiall be used to sleeve or encase the service pipe or conductor. (2) shall be piled separately. (3) high-eype built-up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of 9 inches beyond the trench width and length, in order to provide a shoulder and solid foundation €or the surface restoration. (4) the following procedure is required: root gr0~7th of cultured, slightly or ornamEnta1 trees and snrubbery. (I) i When excavatins in or trenching across an improved road, material excavated When removing pavement of Portland Cement Concrete, Asphalt Concrete or I To obtain a straight edge and neat appearing opening in.pavement surfaces, PCC Pavement - and the concrete broken out by sledge or pneumatic hammer. AC Pavement - The surface shall be cut full depth by pneumatic harmer chisel. Excavations, trenches and jacking pits off the roadway or adjacent to the The surface shall be saw-cut scored 2 inches deep (5) roadway or curbing sliall be sheathed and braced depending upon location and soil stability, and as directed by the Village. Excavations, trenches and jacking pits shall be bermed when unattended to prevent eiltrance of surface drainage. All back-filling must be placed in 6 inch layers at optimum moisture and compacted ~-7ith the objective of attaining 100 per cent of AASHO density. shall be accomplished vith hand, pneumatic or vibrating compactors as appropriate. Backfill material:.snall be Class 5, 3SHD Specs. or better in the judgment of the Village. Compacted backfill shall be brought to street grade and crowned at the center not more than 1 inch. surfacing patch; and after stabilization is assured (approximately 60 days) will accomplish permanent resurfacing with Portland Cement Concrete etc., as appropriate. tion date, requiring replacement the excavation or trench backfill material and the surfacing will be replaced by the Village at the espense of the permittee. Village approval shall be required €or any construction, anchors or braces within the boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders from the roadway shall be regulated as required by circumstances. Nethod of construction and type of machine excavation shall receive prior Village review. Escavations and trenching wider or longer than 4 feet are not permitted without special authorization. Street traEfic shall be maintained unless provided otherwise by the permit provisions. When one excavation or trench is made adjacent or contiguous to or merging into 01; close to any other escavation, the party making the last exca- vation shall be liable for any violation of this regulation and/or for after- (6) (7) Compaction (8) (9) (10) The Village will promptly thereafter place a temporary bituminous Asphalt Concrete, Xf settlement occurs or excavation fails within 2 years from comple- of the excavation or trench roa&ay surface, (11) I (12) (13) (14) (15) (16) (17) - settlement at the intersection of the excavation. (c) 3?liscellaneous. No lugs damaging to roadway surface may be used on equipment. Dirt or debris tracked or spilled onto the street surfacing shall be periodically removed during construction to prevent accumulation. Street surface and roadside shall be cleaned after construction is completed and left in a neat and After all construction and clean-up has been completed, the permittee shall notify the Village (Inspection Dept.) within 24 hours to this effect, and request final inspection and acceptance of the work. provisions of this ordinance shall be deemed guilty of a misdemeanor and punished by a fine and publication according to law. (1) (2) (3) (4) presentable condition. Sec. 11. Penalty. Any person who fails to comply with any of the of not more than $100 or by imprisonment for not more than 90 days. Sec. 12. This ordinance shall be in effect from and after its passage Kotion for acceptance of Ordinance for its first reading, waiver of second reading thereof, and adoption of Ordinance as submitted, was seconded by 1.3adElillan, and on Rollcall there 17ere five ayes and no nays, NacMillan, aye; Tupa, aye; VanValkenburg, aye; and Dickson, aye; aye; wd the Ordinance 2/26/62 37 SUBUP?&? YELLOTII CAB C@@&?Y fCWVfCTED TO &lSl;rSri CONPLAINTS. Council reviewed several complaints filed recently, oil delays in plckups, reluctance to convey passengers to the airport, and charges made to multiple loads. told Council he is still unconvinced that a one-company operation is the best policy. Manager Hyde to invite officials of Suburban Yellow Cab; Company to the Council Meeting of March 12, in order *that complaints might be discussed. STOEH SEWER FOR ALLEY BETljEEN BEARD AND ABBOTT, SOUTH OF 53TH STREET, FJ.5STII ST. TO BEARD, AND BEARD FROM I7.58TH STREET NORTH, TO MVE PUBLIC HEARING SOON. In a written memorandum to the Council, dated February 20, 1962 and entitled 'ePolicy for Assessing Unusual Pro jectse*, Manager Hyde reviewed the matter of previous assessments against the drainage area which will be served by the storm sewer now under consideration. Council on the matter, and Tupa moved that Public Hearing be held at the Engineer's early convenience. Managar Hydc Inasmuch as a ne~7 license 'year is now approaching, Council directed i Some consideration and discussion was had by the Motion seconded by Dickson and carried. PUBLIC HEARING TO BE HELD MARCH 12 ON LAIB EDINA SECOND ADDITION STREET IP-IPROVEMENTS. (SEE FOI.QlAL RESOLUTION LATER IN MEETING). and entitled "Policy for Assessing Unusual Projects" also included a review on the matter of Street Surfacing for Lake Edina 2nd Addition. This memorandum was discussed in meeting; and Mr.' Hyde referred to Mr. Stow's letter of February 22, 1962, asking for an accounting of the monies on hand for street surfacing purpose, and saying that Estow Company will endeavor to see that the balance of deposits are made by July 1, and will then proceed to have the streets blacktopped by September 1. Saying he had been very glad to receive this letter, Ilr. IIyde suggested that it be answered and Mr. Stow be given the information for which he asks, and that we ask for specific statements from him, 'but that ~e still go ahead with the scheduled hearing on March 12. Council v7as in general agreement with this procedure. Mr. Hyde's memorandum dated February 20 (See Resolution of later in meeting). ' PUBLIC IGARINGS SCHEDULED ON SEVERAL IWPROV~fENT PROJECTS, FOR MARCH 12, 1962. Review t7as had of the 1~lacl4illan offered the BE IT PdSOLVED by the projects proposed for Public Hearing on March 12, and following Resolution and moved its adoption: R%SOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED SANITARY SEIJER, IJATEBXAIN, AND PERtlANENT STREET SURFACING AND CU?BING Council of the Village of Edina: IMPROVEI.IENTS 1. The Village Engineer, having 'submitted to the Council a preliminary report as to the feasibility of the proposed'"C-2 TRUNK SANITARY SEWER AND APPURTENANCES, LATERAL CONNECTIONS TRERETO AND APPURTENANCES , LIFT STATION AND APPURTENANCES ; SANITARY LATERAL SEVER, WATERMAIN, AND STFG3ET SURFACING AJ!D CUEBING IMPROVENECNTS described in the two Forms of Notice of Hearing set forth belOV7, 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. Edina Village Hall, to consider in public hearing the views of all persons interes tcd in said proposed improvement . time, place and purpose of said meeting to be published in the official news- paper once a v7eek €or two 'successive Geelts , tile second of v7hicl-r publications is to be not less than three days from date of said meeting, which notices. shall be in substantially the following form: 2. This Council shall meet on Monday, March 12, 1962, at 7:OO P.M., in the 3, The Clerk is hereby authorized and directed to cause notice of the (1) NOTICE OF PUBLIC HEARINGS ON SANITARY SEI.JER, BATEEPIAIN, PERWNENT STREET SURVACING AND CURBING EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Nonday, March 12, 1962, at 7 :00 P.M. , to consider the following proposed improvertients to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 395. The approximate cost of said improvements is estimated by the Village as set forth be low : ESTIMATED COST 1. CONSTRUCTIOI? OF VILLAGE SANITARY SEVER AND APPURTENANCES IN THE FOLL0s;IING : On an easement line between Lots 6 and 7 and betlieen Lots 13 and 14, Block 1, Valley Vista Addition from Gleason Road to Rosemary Lane; On Rosemary Lane from Valley View Road to cul-de-sac $15,517.37 2. CONSTRUCTION OF VILLAGE PJATEFNAIN AND APPURTENANCES IN THE FOLLOk'ING : On Rosemae Lane from Valley View Road to cul-de-sac; On an easement line between Lots 2 and 3, Block 1, Valley Vista Addition from Rosemary Lane to 97' North $ 7,350.11 -2 1 26762 3. CONSTRUCTION OF PERMANENT ST%ET SURElACIUG AND CURBING IN TU FOLLOTI'TNG! A. Scotland Heights Circle (On Valley Via7 Rd.) $3,238.08 B. Vest 49th St. from Brookside Am. to Hwy.#169-212 $10,503.25 C. 17est 62nd St. from Concord Ave. to Virginia Ave. $ 5,393.12 D. Hibiscus Ave. from Hwy.3100 to 14.0' E. of Nest 38 Shore Drive; Trillium Lane from Hibiscus Ave. to Larkspur La.; Phlos Lane from Hibiscus Ave. to and including ' Xonardo Lane from Hibiscus ,be. to Trillium La.; cul-de-sac $67,456.18 The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 1 above includes Lots 1 thru 9 incl., Block I, and Lots 1 thru 4 incl., Block 2, all in Valley Vista Addition. The area proposed to be assessed for the cost of the proposed Watermain under 2 above includes Lots 1 thru 8 incl., Block 1, and Iiots 1 thru 3, incl., Block 2, all in Valley Vista Addition. The areas proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Curbing under 3-A, 3-73, 34, and 3-D above include all lots and tracts of land abutting the streets proposed to be improved. I ' GRF;TCHEN S. ALDEN Village Clerk NOTICE OF PUBLIC HEARING ON TRUNK AND IATERAL SANITARY SEt7ER AND (2) LIFT STATION . EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Efonday, Ifarch 12, 1962, at 7:OO PA., to consider the following proposed improvement to be constructed under the aufhority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvement is estimated by the Village as set forth below: CONSTRUCTTON OF VILLAGE "C-2" TRUNK SANITARY SEVER AND APPURTENANCES, LATERAL CONNECTIONS TERETO AND APPURTEN- ESTIMATED COST ANCES, LIFT STATION AND APPURTENANCES IN TJ3.E FOLLOJ7ING: Commencing on the vest side of Hwy.#lOO and the centerline of Hibiscus Ave. extended vesterly; thence south along Hvy.$lOO a distance of 837'; thence nesterly to the vest end of Dm7ey Hill Rd. ; thence in a generally N.W. direction to Valley View Rd.; thence along Valley View Rd. to a point 1500' E. of the 14. line of Sec, 7, T. 116, R. 21; thence northerly through streets in a proposed subdivision to a point on County Road #lS, 4.00' S, of the centerline of Samuel Road; thence northerly to the centerline of Indian Hills Road. $929,538.38 The area proposed to be assessed for the cost of the proposed lateral sanitary seikr connections to 18C-21' trunk sanitary sewer includes Parcel 3515, Sec. 9, T. 116, R.'21; Parcels 205, 6020, 6100, 5210, 5310, 5725, 6310, 5800, 5600, Sec. 8, T. 116, R, 21; total of 9 lots in the proposed preliminary plat of Schey's Park View Addition lying in the S.W.1/4 of the N.17.1/4 of Sec, 8, . T.116, R. 21; total of 21 lots in the proposed preliminary plat of ''Gagnon Property" lying in the N.17. 1/4. of the N.E. 1/4 of Sec. 7, T. 116, R. 21; total of 35 lots in the proposed preliminary plat of 'EHolland's Indian Hills" lying in the S.17. l/4 of the S.17. 1/4 of Sec. 6, T. 116, R.21; total of 9 lots as proposed on the sketch of a proposed plat lying north of Valley View Road aiid v7est of Huir tjoods; and Lots 1,2,3,4,5, in Muir 'i.700ds Addition. The area proposed to be assessed for the cost of the proposed "C-2" trunk sanitary sewer and lfft station includes all lots and tracts of land within the following described boundaries : "Beginning at the intersection of the W. right-of-vay line of Hwy.#lOO and the S. line of Government Lot 2, 5ec. 9, T. 116, R. 21; thence NVly to the N.1.f. corner of said Lot 2; thence Nly along the Nly line of Sec. 9, T. 116, R. 21 to a point on said 1J. line distant 200' S. of the centerline of County Road #28 (W.70th St.); thence Eklly parallel to and 200' S. of said centerline to the intersection witn the N. line of Lot 1,Block 2, Amundson's Fezrace; thence 17ly along the N. line 0-2 Lot 1, Block 2, Amundson's Terrace and its Illy estension to the centerline of Cahill Road; thence S. along said centerline to a point distant 271.8O S. of the N. line of Sec. 8, T. 116, E. 21; thence 14. parallel to and 271.8' S. of said E. line of Sec. b to the E. line of Carolam Addition; thence S. to the S.E. corner of Lot 2, Block 1, Carolane Addition; thence Mly along the Sly line of Carolane Addition to tae S.B. corner thereof; thence HVly to the N.E. corner of Lot 2, Prospect Hills; thence 17ly to the N.W. corner of Lot 3, Prospect Hills; thence T@7ly to rhe N.E. corner of Lot 6, Prospect Hills; thence Wly to the N.B. comer Cfiereof; thence W31y to the N.E. corner of Lot 7, Prospect Hills; thence 171y to the N.W. comer thereof; thence Nly along the E. line of Sec. 6, T. 116, $. 21 to a point dcstant 600' S. of the centerline of County Road #39 (Valley View Road); I 39 2/26/62 thence 11. 500'; thmce Illy parallel with the E. line of Sec. 6, T. 116, R. 21.***., a disrance of 4.00'; thence \fly parallel to the centerline of County Road $39 to a point which is 200' S. of the intersection 05 the centerlines of Couaty Road #39 and Gleason Road measured at rigat angles to tac cmterline of saTd County Road #39; thence Nly to the intersection of said centerlines; thence Nly along the centerline of Gleason Road to a point which is 200' N. of the N. line of the S.E. 1/4 of the S.E. 1/4 of Sec. 6, T. 116, R. 21; thence $1. para- llel with said N. line to the E. line of Block 3, Indian Hills; thence Nly along said E. line of Block 3,. to the N.E. corner of Lot 2, Block 3, Indian Hills; thence Nllly to the N.E. corner of Lot 7, 331oclc 1, Cherokee Hills; thence NfSly to the N.I.S. corner thereof; thence NV1y to the N.E. co-mer of Lot 4, Block 1, Cherokee Hills 3rd Addition; thence $71~ to the N.W. corner thereof; thence Nly to the N.E. corner of Lot 2, Block 1, Cherokee Hills 3rd Addition; thence Wly to the N.V. corner of Lot 1, Block 1, said addition; thence Sly to the S.T?. coimer Chereof; thence PE?ly along the Nly line of Navaho Trail to the S.E. corner of Lot 2, Block 2, Indian-Hills; thence N. to the M.E. corner thereof; thence t71y to the N.M. corner thereof; thence 37ly to the S.E. corner of Lot 1, Block 7, Indian Hills; thence Wly to the S.W. corner thereof; thence Nly to the N.W. corrier thereof; thence NEly to the most Sly corner of Lot 2, said Block 7; thence Nly to the N.$7. corner thereof; thence Nly to the S.T.7. corner of Lot 9, Block 1, Indian Hills; thence Nly to the N.W. corner thereof; thence Nly to the S.E. corner of Lot 18, Auditor's Subdivision No. 196; thence Wly to the S.tJ. corner thereof; thence Nly along the Wly line of Lot 15 a distance of 120' to the Nly line of Lot 19, Auditor's Subdivision No. 196; thence Hly along the Nly line of Lot 19 and its Illy extension to the S.E. corner of the NT.71/4 of the NW1/4 of Sec. 6, T. 116, R. 21; thence Nly along the Ely line of said NWlj4 of the Nl71/4 to the S.E. corner of Lot 4, Auditor's Subdivision No. 196; thence Idly and NWly along the Sly line of said Lot 4. to the SEly right-of- say line of Hwy.$169-212; thence Swly to the S.E. corner of Lot 3, Auditor's Subdivision No. 196; thence 'GJly along the S. line of Lots 3 and 1, Auditor's Subdivision No. 196 to the 17. line of Sec. 6, T. 116, R.) 21; thence Sly along the Wly line of Sec. 6 and 7, T. 116, R. 21 to the S.T.J. corner of Sec. 7, T. 116, R. 21; thence Ely along the S.. line of said Sec. 7 to the k71y right-of-way line of the new County Road 118; thence Nly along said Wly right-of-way line to ies intersection with the S. line of the NT.J1/4 of the IE?1/4 of Sec. 7, T. 116, e, 21; thence Ely along the S. line of the NGfl/4 of the 1*71/4 and the NEl/4 of the NW4 to the centerline of County Road $39 (Valley View Road); thence SEly and NEly along said centerline to its intersection with the S. line of said NE1/4 of chc Nl71/4-; thence E. to the SE corner of the iW1/4 of the NE1/4 of Sec. 7, T. 116, R. 21; thence N. to the MI corner of the S. 10 acres of khe IJE1/4. of the NEl/4. of Sec. 7, T. 116, R. 21; thence E. along the N. line of said S. 10 acres to the E. line of said Sec. 7; thence S. along said E. line tD the centerline of Dewey Hill Road; thence E. along said centerline a distance of 330'; thence S. parallel with and 330' E. of the I?. line of Sec. 8, T. 116, R. 21 to the S. line of the NI.7 1/4 of the S37 1/4 of said Sec. 8; thence V. along said S. line to the I.I. line of Sec. 8, T. 116, R. 21; thence S. to the Sb7 corner thereof; thence E. along the S. line of Sec. 8 and 9, T. 116, R. 21 to the I$. right-of-way line of State Highway #loo; thence N. along said right-of-way line to the point of beginning. '' GRETCHEN S. ALDEN Village Clerk Motion for adoption of the Resolution was there were five ayes and no nays, as 50110 on, aye; HacMillan, aye; Tupa, y Tupa, and on Rollcall vote anValkenburg, aye; and Bredesen, a "NELSON-BOODHULL' S SECOND ADDITION" FINAL PLAT APPROVED. 165 feet of Lots 8,9,10 and 11, Block 2, Peacedale acres" into five 76-foot and one 81-foot lot was presented with Planning Comission's February 7th recommznd- ation that Council give Preliminary and Final approval thereto. Tupa's motion, that Preliminary and Final Plat be approved in accord with Commission's recommendation was seconded by Diclcson and carried. "CODE'S HIGHVIEW PARK, NAF7THORNE REPLAT" FINAL PLAT APPROVED. This three-lot replat of "Lot 17 and a part of Lot 18, Block I, Code's Highview Parke" carried Planning Commission's recommendation for approval subject to provision for sanitary sewer service for Lots 1 and 2. VanValkenburg's motion, for Preliminary and Final approval of plat, but withholding release thereof for record until such time as sanitary sewer provision for Lots 1 and 2 is made, in accord with Commission's recommendation, was seconded by Tupa and carried. This replat of "the East I 2/26/62 4o 'tCRE$TOl? HILLS FWR REPL!iT" FINAL PL4T APPROVED. This replat of Lots G and 7, .- Block 1, Creston Ifills , had received Planning Commission's February 7th approval, and VanValkenburg moved that Council approve iC in accord wiih Commission's recornendation. Hotion saconded hy HacMillan and carried. VARDEN ACRES. BUR2 FSPLAT PRELD-IINARY PLAT APPROVED: HEAWNG ON LOT T7IDTH VAlUANCk SCREDUUD FOR IlARCH 26. February 7, approving preliminary plat subject to 25-foot road dedication, and approving variance request of two 74.75-foot width lots. (Zoning Ordinance requirzs 75-foot vidth lots). ~7ith Codssion's recommendation, and scheduling Public H'eaking for March 26 , at 7:OO P.N., on variance requesk, t7as seconded by Dickson and carried. Council reviewed Planning Commission recornendations of VanVallcenburg ' s motion; approving preliminary plat in accord SOUTHDALE PLAZA SECOND ADDITION LOT ARRANGEIBNT APPROVED: PEmIIT TO BE FSSUED TO GABBERTS FOR ADDITION TO BUILDING: INVESTIGATION TO BE HADE ON OTHER EEbS OF ACCOXPLISHING DIVISIOI~ OF COIDSERCIAL PROPERTIES. Commission's February 7th recommendations relative to tnis continuation of the platting around Gabberts and the Ford Building just south of' Southdale Center. It was noted that the Commission generally had no objection to the proposed .> lot arrangement but did object to the manner in which it was being accomplished; that , because present zoning ordinance prohibits the cons truktion of more than one building on one :'lot" it has been necessary to plat in order to permit the expansion of the Gabberts' building. approval to the lot arrangement, recommending that the (Babbert's building ' permit be issued upon request, providing the site thereof is the same as that shown on the Preliminary Plat, and recommended that the Village and owner investigate other means of accomplishing the division of the properties. Explaining that the stipulation in the zoning' ordinance which causes the difficulty, here, v7as written for residential property; that some other pro- vision should be made for commercial areas. arrangement be approved, and that Council concur in Commission's recommendation for issuance of Gabbert's building permit providing' site is the same as that shown on plat, vas seconded by Dickson and carried. Council reviewed Planning Planning Commission gave preliminary VanValkenburg's motion, that lot PROPOSED "PLANNED INDUSTRIAL DISTRICT'* ORDINANCE SUBMITTED TO COUHCIL FOR REV1EI.J. Planning Director Hite presented to the Council for perusal and reviev the proposed '*Planned Industrial District6E Ordinance, stating that the' Codssion has completed its research on the proposed ordinance but will hold another mzeting on March 7; that the Ordinance as presented herewith reflects the Commission's thinking on industrial development at this point. Hr. John Olson , representing South Garden Association, filed with the Council copy of a letter filed with the Planning Commission last March. He stated the Association is bery much against any, industrial rezoning in the Village; believes Village should be Mr. Hite explained that the ordinance under consideration now does not propose to rezone any property for industrial purposes; hat it does provide regulatory measures for industrial zoning if ad when such petitions are received. Mr. Edward Delaney protested tile intimation that "nothing has been proposed industrially". industrial development, and told Council that it must now consider the premise that any type of industrial development is not necessarily desired by the majority of the residents. of the proposed ordinance, and Mr. Sam McGowan, speaking €or South Gardens Estates, Edgemoor, and Lake Edina Subdivisions, told Council all these plats lie on the "up-side" of hills looking south; that no screening of open storage would serve to obscure the view to them. Mayor Bredesen told audience that there is no question but taat the Council will have rezoning petitions if this proposed ordinance is adopted- Audience was informed that Planning Commission will be present at the Council Meeting of Narc11 12, to answer Council questions; that this will not be an official Public Hearing on adoption of Ordinance. I purely residential., He mzntioned Rauenhorst ' s "Normandale Center" as one proposed Two or three p'eople spoke against the "open storage" feature llADDITIONAL -LAND NEEDED FOR VARIOUS MJNICIPAL PURPOSES8', a memorandum dated February 20, 1962, fronNanager Hyda to the Council, was discussed at somz length. Hanager yas directed to secure prices on the lands under consideracion and to report back to t1w Council. GENERAL ASSAC~SI??G PROGRESS REPORT 17as made, and a di-scussion meeting thereon vias scheduled for Monday, March 5, at 5:OO P.14. , at the Village Hall. SALU2Y SCEEDULE ADOPTED FOR VILLAGE Et-IPLOYEES FOR YEAR 1962.~ of Adjustment Panel, and subsequent recomzndations by the Village Managar, Tupa offered dit following Rzsolution and moved its adoption: IGSOLUTION ESTABLISHING SCHEDULE OF ImDKnl SWES AND IJAGE RATE3 FOR 1962 Pursuant to findings BE IT RESOLVED, that Ifaximum Salaries and Sages for Village Employees for the year 1962 be established as follov?s: 2/26/62 G$IIGRAL MMNI STRAT'iON Finance birec to r As ses s o r Dzputy Assessor Deputy Assessor-Part Time Clerk- Treasurer Administrative Ass t . Office Clerical-fiscal-secretarial Clerical I (3) Clerical I1 (6) Clerical 111 (4.) Clerical IV (2) Prosecuting Attorney Lesa1 : Planning Director POLiCE PUBLIC s*weTY Chief. Pi3 R PI0w'I'f-I $900 750 550 GOO 425 1.50 Hr. 3 15 350 410 4.55 500 650 $761 Lieutenants 632 . Sergeants (5) 59 1 Patrolmen I - 3 yrs. Se-rv?-ce 541 I1 - 2 yrs. Service 519 111 - 1 yrs. Service 49 8 IV - Less than 1 year Service 46 5 Dispatchers - Desk Clerks 36 1 Dispatclrers - Desk Clerks-hourly 1.75 I-Ir. Of the total compensation for members of the Police Dzpartmsnt, $20 a month shall be considered as paymat for taking at least 30 hours o€& duty training from the Fire Department in fire fighting techniques, for aiding in the extinguishing of fires, and for qualifying. for Red Cross fisst aid certificates. CFVIL DEFENSE FIWGN Chief Asst. Chief Firemen I - 3 yrs. II - 2 yrs. - Director - Part Time Service Service 60 694 GO2 54.1 5 19 111 - 1 yr. Service 49 8 IV - Less than 1 yr. Service 4.6 5 Vo 1un.c e e rs 2.65 Hr. 2.25 Ea. Drill $20 per month of the compensation paid fircm?-n siiall be cousidered as payment for such duties outside normal firemen's duties as may be assigned by the Village Manager. INSPECTORS Plumbing $525 Bui ldiiig 525 I4EALTI-I Health Officer Sanitarian PUBLIC 17ORKS ENGINEERING Director of Public b70rIts and Engineering Engineer Assistant Engineer Ins t rumant Nan Inspector- Sr . Senior Draftsman Dra f t s man Podman- C ,721 aman (Asst. Village Manager) # 10% less for first six moiitiis of erploymant Supt .-Public Works Supil. - Water Foremen - (Str., Sewer, Parks, Water) Electrician & El ctrical Inspector Office Clerk Heavy Equipment Operators Ligat Equipment Opxators, Utility men 14ai lit enance Man Ne chani c >kchat i ic He Lp e r Janitor Sewer-Mater Utility Man 25 600 1050 (1) 850 650 (1) 5 80# 55011 550# 435I 45 5# 7 25 640 5 8 4. 500 430 5 476;'; 43 0 9 5411k 385 46 0 ik 47 69: 2/26/62 42 COURT Judge Special Judges Clerk of Court Deputy Clerk (1) - $25 January 1st and $25 July 1st. ELECTIONS Judges and Clerks Chairmen PARKS AND RJXREATION Director Pool Manager(s) Asst. Pool tlanager (s) Concession tianager (s) Pool Cashier (s) Bathhouse - Concession Attendant (s) Swirmning Instructor (s) Life Guard (s) Plaintenance (s) Baseball Supervisor (s) Baseball Assistants (s) Hockey Coaclies (s) Rink Attendants (s) Program Supervisor Playground Leaders (s) Skating , Skiing Instructors (s) Park Keeper - 111 I1 I LiQiJOR STOR%S $525 295 325 25 per diem 1.25 Hr. 2.00 Addl. $775 445 400 1.75 Hr. 1.25 Hr. 1.00 Hr. 2.15 Hr. 2.05 Hr. 1.60 Ilr. 400 3x0. 1.60 Hr. 1.90 Hr. 1.50 Hr. 500 Mo. 2.00 Hr. 5.00 Hr. 49 le 476* 430* Manager 775 Asst. Managers (2) 5 15 Clerks - Regular 2.30 Hr. Clerks - Part Time 1.85 Hr. All work performed by other than heads of departments in excess of 40 hours per >7eek constitutes over-time and shall be compensated by compensatory time off or cash payment on the basis of time and one half in either instance. Compensatory time shall be taken within 90 days of time earned. Compensatory time in any one calendar month shall be limited to 16 hours worked (for which the employee receives 24 hours off) and any over-time in excess thereof shall be paid in cash payments. The Village Manager shall designate those classes of work which shall be compensated by compensatory time off, or cash payment for overtime.. (s) - Seasonal *New employees or promoted employees may be paid $50.00 per month less for the first 3 months, and $30.00 per month less for the second 3 months. Tupa's motion €or adoption of Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays, ~7s: Dickson, aye; l-la&Ellan, aye; Tupa, aye; VanValkenburg , ay Resolutlon was adopted. OVERHOLT PAJXIKG LOT ACCESS FROH SHERNOOD ROAD DISCUSSED. Trustee Blacl.lillan on disposition of this matter, Hr. Hyde replied he had not contacted Richmond Hills Association because of the deep snow and impossibility of staking out drive; that we would do so in the near future. At a question from CDlS PAID. Dickson's motion for payment of the following Claims, as per Pre-List dated February 26, 1962, was seconded by VanValkenburg and carried: General Fund, $72,581.56; Construction Fund, $815.00; Park, Park Const. and Ss7im Pool, $4,152.45; Water Fund, $35,027.15; Liquor Fund, $120,333.08; Sewer Rental Fund, $559.89; and Improvement Funds , $64,918.01--Total, $298,387.14. . LIQUOR DISPENSARY FUND BALANCE SHJ3ET AT DECEL.IBER 31, 1961, AND COi.TPA&ITIVE STATEMENT OF IhTCCDIl?, AMI EXPENSE, YEARS ENDED DECEMBER 31, 1961 AND DECEXBER 31, 1960, were submitted, reviewed and ordered placed on file. Tupa moved for adjournment. Motion at 10:55 P.M. / Village Clerk 'E