Loading...
HomeMy WebLinkAbout19640316_regular3/16/64 L. IXCNUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, ljlARCH 16, 1964, i AT 7:oo P.M., AT EDINA VILLAGE HALL Members answering Rollcall were Macbiillan, Rixe, Tupa, VanValkenburg and Bredesen. MINUTES ofthe Regular Meeting of March 2, 1964, were approved as submitted, by motion BacNillan, seconded by VanValkenburg and carried, JAE-ES L'IcNELLIS, ASSISTANT FIRE CHIEF, was recognized by Mayor Bredesen on behalf of the Council, for his completion of the 'International City Nanagers Associatian course in Municipal Fire Administration. complete this course. He is the first of the Firemen to COUNCIL CONGRATULATES EDINA-MORNINGSIDE HIGHSCHOOL BASKETBALL TEAN, AND GRANTS "UNOFFICIAL" LEGAL HOLIDAY FROM THURSDAY , MARCH 19 THROUGH SUNDAY, MARCH 22 VanValkenburg's motion, for adoption of the following Resolution, and recommending that Edina-ites observe an "unofficial"lega1 Holiday from Thunsday, March 19 (the beginning of the State Basketball Tournament) through Sunday, March. 22, was enthusiastically seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Bredesen, aye; and this Resolution was adopted: Macblillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and RESOLUTION WHEREAS, the 1963-1964 Basketball Team of EDINA-MORNINGSIDE HIGH SCHOOL, located in the Village of Edina, has brought outstanding success in the field of sports to its School and its Village by winning the LAKE CONFERENCE, the DISTRICT NO, 18, and the REGION NO. 5 BASKETBALL CHAMPIONSHIPS; and TrnRE;AS, as winner of Region No. 5 Championship, the ttHornets'l will enter the MINNESOTA STATE BASKETBALL TOUIUWENT on Thursday, March 19, 1964: NOW, THEREFORE;, BE IT RESOLVED by the Village Council ofthe Village of Edina that this Council congratulate the BASKETBALL TEAM OF EDINA-MORNINGSIDE HIGH SCHOOL and Coach Duane Baglien on the fine athletic and sportsmanship record made to this date; and . BE IT FURTHER RESOLVED that this Council appraise the BASKETBALL TEA14 OF EDINA- IiloRNINGSJDE HIGH SCHOOL and Coach Baglien of its will go on to win the MINNESOTA STATE HIGH SCHOO that this fine team CHAMPIONSHIP. COUNCIL REZONES BERTELSON-RAUENHORST PROPERTIES AFTER AGREEMENT ON PARK. Bredesen announced continuation of the March 2nd Public Hearing on the petition of Bertelsen-Rauenhorst interests for rezoning of certain properties (all as recorded in the Minutes of March 2, 1964, Page 23, this Minute Book). Park Land for seven additional dwelling units in the approximately 15 acres of R-4 Multiple Residence District situated adjacent to park, were reviewed, and Village Manager Hyde reported the Park Board has now accepted this recommendation, as of March 9, the * Board's recommendation reading as follows : tl---tlr .- Crinkley moved that we accept Mr. Beqtelsen's dedication of two acres and the additional seven acres for a total of nine acres to be added to our present eleven-acre park. seconded and motion carried." The Council had continued.Hearing for the settlement of the park dedication mattez, and inasmuch as there wereeno comments from the €loor, and no objections had been received prior to the Hearing, VanValkenburg offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as submitted: f Nayor Planning Commission -recommendations of larch 4th, that Elr. Bertelsen's offer to trade seven acres of Dr. Jackson ORDINANCE NO. 261-81 AN' .ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRICTS: OFFICE BUILDING DISTRICT: PLANNED INDUSTRIAL DISTRICT. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following subparagraphs: Section 1. Paragraph l,\Multiple Resience District Boundaries, of Section 4 District R-3 : I I "(3) Lots 13 through 19, Block 2, and Tract A, all in accordance with the Preliminary Plan entitled "Preliminary Plan for Bertelson and Rauenhorstl' and dated January, 1964, on file in office of Edina Village Clerk." "(4) Lots 1 and 2, Block I, Lots 1 through 12, Block 2, and Tract B, all in . District R-4: accordance with the Preliminary Plan entitled "Preliminary Plan for Bertelson and Rauenhorst" and dated January, 1964, on file in office of Edina Village Clerk . 3/16/64 Section 2. Paragraph 1, Boundaries of Office Building District, of Section 10 (Office Building District) of Ordinance No. 261 of revised ordinances ) 5 of the Village of Edina, as amended, is hereby further amended by adding after sub-paragraph (9) of said Paragraph 1, the following: "(h) Tracts C, D, E, F and G, all in accordance with the Preliminary Plan entitled "Preliminary Plan for Bertelson and Rauenhorstfl and dated January, 1964, on file in office of Edina Village Clerk." Section 3. Parsgraph 2, Boundaries of Planned Industrial District, of Section 11, (Planned Industrial District) of Ordinance No, 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after sub-paragraph (f) of said Paragraph 2, the following subparagraph: , "(9) Tracts, H. I. J, K, L, $1, N, P, Q, R, S, T and U, all .in accordance with the Preliminary Plan entitled "Preliminary Plan for Bertelson and Rauenhorst" and dated January, 1964, on file in office of Edina Village Clerk. l1 Section 4. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for waiver of second reading and for adoption of Ordinance as submitted was seconded by MacMillan, and on Rollcall there were five ayes and no nays, as and the Resolution was adopted, PERMISSION GRANTED SFOR EDINA-MORNINGSIDE HIGH SCHOOL BANNER OVER Wm50TH STREET. One of the members of the High School Student Council appeared before the Council to request permission for installation of a banner over M.50th Street in the. France-50th St. business district. Council, with promise of help in installation by Fire Department if needed. for STATE HIGH SCHOOL BASKETBALL TOURNAMENT MARCH 19, 20 AND 21. Permission enthusiastically granted by Banner PROPOSED -REZONING OF PART OF NELSON FARM MEETS WITH OPPOSITION; HEARING CONTINUED FOR TWO WEEKS FOR FIELD INSPECTION BY COUNCIL AND PLANNING COMMISSION. Clerk presented Affidavits of Publication, Posting and Mailing of "Notice of Public ' Hearing on Petition for Rezoning-Portion of Nelson Farm", which affidavits were approved as to form and ordered placed on file. Pursuant to due. notice given, Public Hearing was called on the petition of Metro-U.S. Construction Company for the rezoning of certain portions of the Nelson Farm (lying West of Highway 100 and South of W.74th Street) to R-4 MULTIPLE .RESIDENCE DISTRICT, OFFICE BUILDING DISTRICT, AND PLANNED INDUSTRIAL DISTRICT, the tracts petitioned for rezoning being described in detail in the published notice being in Edina-Morningside Courier March 5 and 12, 1964. overlays, Planning Director Hite explained to Council and audience the present zoning on Nelson Farm, the present zoning of the surrounding area, and the proposed zoning on Nelson Farm as compared with present zoning. also showed road plan. were reviewed. be expected to happen to the property to the North, if this proposed rezoning is approved; that it is only fair to say that the same kind of zoning (being Office Building, Multiple Residence, and Planned Industrial) could be expected as far North as Nine-Mile Creek. happen, but is a reasonable extension of this present proposal, directly adjacent to Nelson Farm on the North, complained that the road'plan as now shown shows no 'lW.74th Street"; that what the developers of the Nelson Farm are doing is to so plat their streets as to give completely inadequate.access to his clients property, thus causing "diminution of property". is ' proposed Zoning of the property and not the road pattern. He added as a matter of information that the "Ring 40 acres" about which Mr. Sachs has been speaking has not had access to Highway LOO prior to this time, and that it has been the general policy of the Village that where joint land owners cannot get together on joint access, the plat with some access is accepted. the Ring interests are not interested in paying at this time for development of joint access from Highway #loo. share of whatever "W.74th Street" costs; that he will be glad to put this into writing. south is not expected to be the only access to the property--but that any other access to Highway 100 must come through a parcel between Ring's 40 acres and the published and posted Notice of Hearing-- With the help of a number of visual aids-half sections, vu-graph'slides and Visual aids Planning Commission Recommendations favorable to the petitioned reqoning Mr. Hite reported that some preliminary studies have been madeas to what might He added this is not a definition of what would actually Mr. Louds Sachs, an attorney representing owners of the central property Village Manager Hyde reminded Mr. Sachs that this Public Hearing/on the Mr. Hyde stated he understands Mr. Sachs replied his clients will pay their Mr, Hite reported the proposed access to the Ring property from the 3- 4 3 /16/6 4 Highway, which parcel is not owned by the Rings. same . He asked several quggt'ong.qout Itthe proportion of the property which would not be suitable for/]Sudkgh: and inquired about the difference construction of multiple residences, office buildings and commercial buildings would make in the tax base. disagreeing with Mr. Hite on the amount of property which would be buildable for residential signle family homes, Rev. Anderson reported he cannot see what this proposed rezoning would do to increase the valuation of homes in the area; that he feels the Council has a responsibility to the home owners East of Highway #lo0 to match the zoning on the west side of the Highway to that on the East side. Mr. William Gallup, 4809 Trillium Lane, reported the property owners in the vicinity (principally the East side of Highway 100) of this proposed proiect have been to Council Meetings off and on since 1956 relative to the proposed zoning of this area; that: the present zoning has been approved by these property owners as a compromise; that he feels there should be no rezoning until owners have had a chance to see if-residential builders will build single-family dwellings in that part of the Nelson Farm now zoned for single family residential building. Nr. Gallup added he feels it is a reflection on the Planning Commission that this proposal has been allowed to come before the Council for consideration, after a zoning program had been already been approved. Edina has gone down to nothing; his second concern is the view from his.picture windoM--and that he does not like Metro-U.S. Plans for R-4 Apartments. that Stow Company sold the property with the present zoning, after trying for three years to get that plan accepted--that he doesn't want anyone to get the idea that Stow Company has tried to pull down what has been done. from W. Stow as to whether he had not attempted to get the property at approximately W.74th Street zoned for a gasoline service station. Mr. Stow replied in affirmative, stating he had had this matter in court, to prove he could have -the station. the people on the East side of Highway #loo, whereas this one does not, immediately East of the Ring 40 acres and north of the Metro property. replied there have been two requests for multiple dwellings, both of which have been denied by Commission. development. fib. Sachs replied there are no definite plans; that development cannot be forced and it will com-e when the time is right for it to be developed. Br, Bredesen inqiiired of Mr. Sachs as to whether the objections raised by his clients would be withdrawn if the Rings could be assumed of convenient access. Mr . Sachs replied, "Absolutely. for Eetro-U.S., explained that the plan had been made to secure the best land use and most appropriate land use for this large tract; that the facts of the railroad, ad the proposed upgrading of Highway 100, have contributed to problems of develop- ment on this parcel, wh6ce the land itself is none too good. He went on to explain that there are a park and a lake proposed between the Office Building District and the Highway; that offices will be restricted to one-story type buildings and.there will be no high buildings in this area. statements that the land is not suitable for single family dwellings, then the Council should be appraised of what area is and what area is not suitable; that he feels this re€lection on the property cannot be justified. considers some 50% of the area difficult to build on for single family dwellings; taking a11 factors into consideration, other factors being the location in relation to railroad and highway, and soil itselfenot the only $actor. VanValkenburg moved that this Public Hearing be continued to March 30, to give the Council an opportunity to consult with the Planning Commission. Dr. Chester V. Anderson, 4808 Hibiscus Avenue, expressed himself as being concerned with the change in plans because the former zoning had shown single family dwellings where multiples and office buildings are now planned; and Mr. Gallup asked that Council consider the possibility of zoning the entire area office building and planned industrial district, saying he feels that having a number of 2-1/2 story apartment houses right in the middle of a commercial area would be of no great value to the developers. to Monday, March 30, at 7:OO P.M. Reverend Roger Anderson, 4905 Lantana Lane, asked that zoning remain the After receiving replies from Mr. Hite--and 'I Plr. Struck, 4745 Hibiscus Avenue, stated his main concern, now, is that Lake Mr, E. C. Stow told audience that this is not the llStow Company" plan-- Mr. Bredesen inquired Pastor Anderson said he believes the Stow Company plan shows consideration for Mayor Bredesen inquired as to the plans for development of the property Xr. Hite I Mr. Bredesen then inquired as to the Ring plan for This is ow only ob j ection$'. Hr. James Hawkes, of Fiidwest Planning and Research Company, Planning Consultants Pastor Anderson suggested that if the Council is to be at all influenced by . Mr. Hite replied he I . . VanValkenburg's motion was seconded by Tupa and carried. Hearing continued 3/16/64 35 COUNCIL GRANTS PETITION FOR LOT FACING ON JOHNSON DRIVE RATHER THAN WARDEN AVENUE-- LOT 1. GREENLEAF MANOR. Mayor Bredesen called Public Hearing on.the petition of . - I Mr. C. D, Jacobson for waiver of zoning ordinance requirements, to permit him to face house on Lot 1, Greenleaf Manor on Johnson Drive ratheruthan on Warden Avenue. The Planning Commission had recommended favorably on this request at its meeting of March 4; Mr, Jacobson having reported he has received consent of owner of adjacent property. Pdanning Director Hite presented Affidavit of Mailing of Notice of Hearing, which was approved and placed on file. Planning Commission's recommendation, there were no objections from the floor and none had been received prior to the Hearing. VanValkenburg's-motion that zoning variance be granted and Mr. Jacobson be permitted to face home on Johnson Drive was seconded by MacMillan and carried. Council reviewed SIDE-YARD AND FRONT-YARD VARIANCES PERMITTED FOR PROPOSED DOUBLE BUNGALOW AT 5308-12 Wo7OTH STREET--LOT 2, BLOC @i;goctor presented Affidavit of Mailing of "N A C.D. Jacobson for permit to locate his proposed double bungalow, on Lot 2, B1. 1, Brookview Hts. 3rd Addn., 26 Ft. from the Street, with a side-yard variance on two corners--one at eight feet on Northeast Corner and one at 7.4 feet on Southwest Corner. accordance with Notice, Public Hearing was called on this petition; Planning Commission's favorable recommendation of March 4th was reviewed by Council; no objections were made from the floor, and it was reported that no written objections had been received prior to the Hearing, Yard Variances from Zoning Ordinance be granted was seconded by Rixe and carried. PUBLIC HEARINGS CONDUCTED ON NUMEROUS PROPOSED STREET IMPROVEMENTS. Affidavits of Publication in Edina-Morningside.Courier on March 5 and 12, 1964, of Posting on Official Bulletin Boards, and on-Mailing to owners of affected properties "Notice of Public Hearings on Permanent Street Surfacing and Concrete lurb and Gutter", which notice was approved as to form and ordered placed on file. notice given, Public Hearings were called on the proposed improvements as hereinafter listed, and action was taken by Council as recorded herein; for ASPHALT CONCRETE PAVING, WITH PORTLAND CE~JENT CONCRETE CURB AND GUTTER, whereas the amounts given in the Published Notice are for PORTLAND CEMENT CONCRETE PAVING WITH INTEGRAL CURB--the Engineering Department having estimated the costs on this latter type work to be a net 10 to 15% higher than the former work. Manager Hyde told the large audience that some of the work has been petitioned; that some has not been petitioned but that the streets have become a maintenance problem and it is believed construction should be done this year. ROSEMARY LANE FROM VALLEY VIEW ROAD TO END OF CUL-DE-SAC. given as $11,345.29, proposed to be assessed against fourteen lots in Valley Vista, for $810.38 per Lot. objections had been received prior to the Hearing; and Mr. Hyde notified Council that Mr. Hugh Brenner, developer of tract, had called from Florida this morning to ask that project be expedited, was seconded by Tupa and unanimously carried. (See action of later in Meeting, Ordering Improvement). be kaKen on whichever projects are approved this evening on a base bid of Asphalt Concrete Paving with PCC Concrete Curb and Gutter, with alternate of PCC Paving with Integral Curb; and Engineer Hite recommended that award be made by Council "all one.waytl, so that the best possible prices might be obtained. DUBLIN CIRCLE FROM W,70TH STREET TO END OF CUL-DE-SAC. as $7,220.99, proposed to be assessed against eight lots, for $901.62 per Lot. There were no objections from the floor, and none had been received prior to the Hearing. VanValkenburg's motion, that project be approved,was seconded by MacMillan and unanimously carried. (See Resolution of later in Meeting, Ordering Improvement). MEROLD DRIVE FROM GROVE STREET TO WYCLIFFE ROAD. Estimate of Cost was Given as $15,856.41, proposed to be assessed against 1,788.52 Assessable Feet, for $8.87 per Foot, or, on 23 assessable lots at $689.41 per Lot. Merold Drive, inquired as to whether the Estimate included the"S1.00 per foot charge for the Methodist Church's share of the assessment"; was informed that Merold Drive will not have such assessment ; and Mr, Tomeraasen, developer of the area, asked that Village !'try not to have the work done deae during the "Parade of Homes", objections had been received prior to the Hearing. was seconded by MacMillan and unanimously carried. Meeting, Ordering Improvement). In VanValkenburg's motion that Side and Front- Clerk presented Pursuant to due Audience was informed that Estimates of Costs as given herein tonight will be 1. PUBLIC HEARING ON PROPOSED PERMANENT SURFACING WITH PCC CURE3 mD GUTTER, Estimate of Cost was . There were no objections from the audience, no written VanValkenburg's motion for approval of project Before further Hearings were conducted, explanation was made that bids will 2. PUBLIC HEARING ON PROPOSED PERMANENT SURFACING WITH PCC CURB AND GUTTER, Estimate of Cost was given Mr. Hyde reported there are no homes, yet, on this short street, 3. PUBLIC HEARING ON PROPOSED PERMANENT SURFACING WITH PCC CURB AND GUTTER, Mr. W. R. Strasser, 5821 There were no objections to the proposed improvement, and no written Tupa's motion approving project (See Resolution of later in 3/16/64 4. PUBLIC HEARING ON PROPOSED PERMANENT SURFACING AND CONCRETE CURB AND BUTTER IN ALL STREETS IN "LAKE EDINA THIRD AND FOURTH ADDITIONS"--WEST' SHOE DRIVE, HIBISCUS AVE., KELLOGG AVE.. SEDUIJI LANE AND POPPY LANE. Estimate of Cost was given s' as $80,304.10, proposed to be assessed against 94 Assessable Lots, for $856.36 p6r Lot. said he cannot understand why this matter has ever come to Public Hearing-that the Corporation has a contract with Victor Carlson E Sons,to do this work. Hyde told the Council the Village had written to Mr. Stow on January 22, of this year informing him of the Village's plan for the surfacing.of these streets; that no reply had been received; also, that Victor Carlson E Sons does not have a signed contract with Estow Corp. at this time. has not been signed is that the Contractor has not been able to get the specifications from the Village for the work. the information he had requested, some two or three months ago. that the Council order in the Improvement as a Village project, subject to the Village's ascertaining Estow Corporation's actual contract with Carlson ; and Stow countered' that "if the Village will give Carlson the specifications you will have the streets paved". Nayor Bredesen suggested that Council continue the Public Hearing on Proposed Permanent Surfacing and Concrete Curb and Gutter xmprovement for Lake Edina Third and Fourth Addition Streets until Monday, March 30, 1964, so that the contractor, Carlson, might .be given all specifications and a contra$ betE\reen Estow Corp. and Victor Carlson &Sons Inc., for the proposed Street Improvement be signed. VanValkenburg so moved. Hotion secondehy Rixe and carried. IN VIEW LANE FROM HWY.#169 TO SCHAEFER ROAD: SCHAEFER RD. FROM VIEW LANE TO STAUDER Estimate of Cost was read as $52,855.60, of which $52,075.60 is Assessable'against 3,931.23 Assessable Feet, for $13.25 per Assessable Foot. Mr. Hyde reported that the reason the cost is high is that a11 the lots on the South side of Stauder Circle will have their long sides abutting this street and thus receive the "1/3 of long sidel' assessment treatment. He added that the Village does recommend that Concrete Curb and Gutter be included as part of this project. Mr. J. M. Hyland, 5601 Schaefer Road, who stated he had just moved into Edina from New York--choosing Edina to avo$d the city-type concrete curbs and gutters, ask that the Council seriously consider the 100% petition against installation of Curb and Gutters, filed earlier. Nr. Hite reported curb and gutter is specifically recommended because of the bad grades- 9% on View Lane,.6.6% on Stauder Circle, etc. extremely large lots (such as those in the original Parkwood Knolls) 24 foot streets without curb and gutter are permitted (although curb and gutter still makes a better street) but that where there are smaller lots the curbs and gutters are definitely recommended. Nr. Hite informed him it hgs been found that the bgacktop type is difficult to maintain and has proved to be unsatisfactory. Circle, inquired as to what will be done to the streets in original Parkwopd Knolls at the time surfacing is zestored. that curb and gutter will not be added. Mr. Reinhard then stated he feels $hat there should be uniformity in the handling of street improvements throughout the Parkwood Knolls areas-not curb and gutter for .a few blocks and then long stretches without it; that having two kinds of streets would spoil the neighborhood* completely. tar. Hite reported that the "rural1' style Parkwood Knolls has been deviated from in the View Lane area, where lots are much smaller than in the original Parkwood Knolls' that driveways will be closer together, there will be some street parking on these streets--which does tend to feather the edges of blacktop streets. Trustee MacEUlan expressed himself as being concerned about the possible lfwash'l situation, asking Engineer Hite if the grades heretofore discussed mean there will be a serious wash problem without curb and gutter. the grade is in excess of 5% there is a wash problem. View Lane there are walk-out-basements and water will drain between ho.uses ,into the lake, thus eliminating any wash problem here. area want to retain the beauty of the originaL Parkwood Knolls. IvIr. Harvey Hansen, representing Carl M. Hansen, developer of the area and owner of most of the lots, told Council that the old part of Parkwood Knolls, which will be resurfaced soon as part of the repent sewer-water peoject, will have no curb and gutter, that none of the str.eets in $he area under discussion this evening has a grade steeper than some of these old streets-and that there is a storm sewer in the new street. k5r. Hyde stated there had been considerable feathering off at the edges in old Parkwood Knolls because of a lack of curb. and gutfer. No one in the audience expressed himself as being in favor of Curb and Gutter. The petition against this installation also requested that the street surfacing be expedited . VanValkenburg s mot ion, tha< the Street Surf acing proj ect be approved without the Curb and Gutter, was seconded by MacMillan and unanimously carried. (See Resolution of later in Meeting, Ordering Improvement). Mr. Edward C. Stow, President of Estow Corp., developers of these two additions, Village Manager Mr. Stow told Council the only reason the contract Engineer Hite reported I4r. Carlson had received all Mr. Hyde recommended . 5.. PUBLIC HEARING ON PROPOSED PER~ANENT SURFAUNG AND PCC CURB AND GUTTER CIRCLE: STAUDER CIRCLE FROM SCHAEFER RD. TO N. LINE OF PARKNOOD KNOLLS 12TH ADDN. He added that where there are 'I Mr. Hyland recomended that the roll-type blacktop curbs be uspd, but IYlr. A. C. Reinhard, 6404 Stauder Nr. Hyde replied that the streets will be re-paved; Mr, Hite replied that any time Mr. G. 1.5. Darkenwals, 5808 View Lane, told Council that on the West side of He added that residents of this new P 3/16 /6 4 .i 6. PUBLIC HEARING ON PROPOSED EERMANENT 'STREET SURFACING AND PCC CURB AND ' GUTTER, STUART AVE. FROM GROVE ST. TO 6.0' SOUTH 'OF CENTER LINE OF BENTON AVE.: BENTON AVE. FROM STUART AVE, TO TRACY AVE. 318,360 . 73 of which is assessable against 1 ,'913 . 35 Assessable Foot for $9.60 per Assessabl'e Foot, or against nineteen assessable lots for $966.35 per Lot. petition was presented, requesting that "Inasmuch as residents on Stuart Avenue saw fit last fall to provide their own storm sewer taking care of runoff water from these lots, it does not seem equitable that they should incur the additional burden of providing storm s'ewers in an area to which they do not drain". Manager Hyde explained that there is a small amount in the specifications for this pro- posed-project to provide for storm sewer; and that it is planned to assess the Stuart Avenue lot owaers slightly less than the Benton Avenue people to compensate for their having provided their own storm sewer. Avenue, asked that the proposed improvement be extended to serve his property. With the use of a Vu-Graph slide, Mr. Hite showed Council the location of Mr. Haw's property, telling Council he has been left high and dry in a very dffficult situation; that the Village is not proposing to extend Stuart Avenue beyong Benton Avenue but believes Mr. Haw can be provided with a driveway. protested this, saying the traffic making the curfe from Stuart to Benton will be driving down into his driveway; and that there will be no way for snow plows to get in and out. and Village officials discuss the matter of his access with him before bids are taken, but Mr. Haw asked that project agproval be delayed until his problem iS settled, officials during the next couple of days. of Public Hearing to March 30, asking Mr, Haw to see Village Engineer before that time. Estimate of Cost was aead as $18,490.73, A Mr. Joseph N. Haw, 5816 Stuart Mr. Haw I Mr, Hyde suggested that the project be approved, and Mr. Haw At a question from Mr.' Hyde, he said he could sit down with Village Mayor Bredesen announced continuation 7, PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND PCC CURB AND GUTTER,RICHHOND .LANE FROM RICHMOND AVE, TO WINDSOR AVE. read as $3,804.64, $2,745.10 being assessable, with an effort being made to Estimate of Cost was 'equalize the assessments for street improvements against the four lots assessable-- with those lots already having paid for surfacing on other streets paying less than those which had paid little or nothing for such improvements. Assessments were $519.04 for Lot 1, Block 2, and $485,79 for Lot 16, Block 2, Richmond Hills; $640.27 for Lot 5, Block 3, and $1,100.00 for Lot 6, Block 3, Richmond Hills. 14r. V, E. (Babe) LeVoir, 5401 Richmond Lane, protested rather vehemently that he has no'objection to either the surfacing or the curb and ' gutter, providi'ng the Village will guararitee to pump the water out of his basement and yard when they become flooded. excess of $1,000 to keep the water out of his basement; that his problem is to get water out of his yard into Ricllmond Lane, and that if curbing is installed there will be additional problem. Nr. Hite reported that if Mr. LeVoir's back yard is lower than the street, installation of Curbing will do nothing to help drain water out onto the street, but it will help to keep the street water from draining into the yard. from the street but from some three neighboring lots. that Public Hearing be continued to March 30th for further study was seconded by Mac@illan and carried. The Estimated He told Council he has spent in I Mr, LeVoir protested the water is not draining VanValkenburg's motion, - 8. PUBLLC HEARING ON PROPOSED PERMANENT STREET SUWACING ONLY IN WILLIAM AVENUE FROM WEST 51ST STREET TO WEST 52ND STREET. Estimate of Cost was read as $5¶032.72, proposed to be assessed against 1,202.50 Assessable Feet, for $4.19 per Assessable-Foot, or against 24 Assessable Lots for $209.70 per Lot. Mr. Mark J, Dougsll, 5116 William Avenue, presented petition signed by owners of mwners of some 18 residencesin this block, apposit&,$he project. the residents are willing to pay for maintenance; that they "do not want blacktopping, do not feel it does the job, and feel they have a pretty good street the way it is. Mr. E. R. Doeling, 5104 William, denied that the street is in a state of disrepair right now; added he feels residents should make use of the value still in the street before it is torn up and new work done. The resident at 5115 William told Council he believes the curb and gutter installed some time ago has helped to keep the street in good shape. work done on it. and VanValkenburg moved that project be abandoned, with instructions that there be no maintenance on the street unless property owners request and are willing to pay for it. MacMillan, aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; and motion was unanimously carried. Mr, Dougall told Council It was noted that the Curb andGutter is settling and needs No one expressed himself as favoring the proposed improvement, Motion seconded by Tupa. Rollcall vote on motion showkd the following: 9. PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND PCC CURB AND TO INTERZACHEN BLVD.: HANKERSON AVE. FROM W.52ND ST. TO INTERLACHEN BLVD. Mr. Hvde GUTTER IN OXFORD AVE. FROM W.51ST STo TO CUL-DE-SAC: WILLIAM AVE. FROM W.51ST ST. reported to Council that of the above streets only one block had been petitioned, being William Avenue from W.5lst Street to Interlachen Blvd. read as $36,340.93, $36,210.93 of which is proposed to be assessed against some 3,842.19 Assessable Feet, at $9.42 per Assessable Foot. Petitions signed b residents of Hankerson Avenue between' Interlachen Blvd. and W. 52nd Street , / y residents of Oxford Avenue between Interlachen Blvd. and W.5lst Street opposing Estimate of Cost was Zmd 38 3/16/64 the proposed improvement wese filed. used by many heavy trucks as a cutoff from Interlachen to Hwy.#169; that rdsidents have many small children and surfacing the street wouXd simply mean more and speedier traffic-that residents simply do not want the improvement , Peabody, '5120 Hankerson Avenue, complained once again about the alley improvement in the alley befween William and Hankerson and between IJ.53st and I?.52nd Streets, saying that if the Village improves the street the same way they improved the alley he simply could not afford to have the street improved. . Manager Hyde reminded Mr. Peabody and Council that report received from Twin City Testing Laboratory showed alley meeting specifications. Peabody, saying that when Twin City Testing Laboratory drilled its test holes it did so in the very best Bart of the alley. Mr. Kenneth Peterson, 5113 Oxford Avenue, supported the petition of the Oxford Avenue residents protesting improvement. br. Roy I?. Vincent objected the improvement in William Avenue; and letter of Mr. and Mrs. Sidney S. Green, 5237 Interlachen Blvd., supporting the improvement, was submitted to Council VanValkenburg then moved that Permanent Street 'Surfacing and PCC Curb and Gutter Improvement for William Avenue from Interlachen Blvd. to W.5;lst' Street be approved; that the balance of the proposed improvement be denied, with instructions that there will be no maintenance on Oxford Avenue from W.5lsi St. south to Cul-de- Sac, and on Hankerson Ave. from W,5Qad St. to Interlachen Blvd. until such time as residents request and are willing to pay for same, and carried, with MacMillan, Rixe, VanValkenburg and Bredesen voting aye, 'and Trustee Tupa not voting. for William Avenue). as to what the Village expects to do relative to the road pattern in this area, and, specifically , as to whether Summit Avenud will be closed. proposed to close Summit Avenue at such time as Brookside Avenue is re-routed, Mr. Hite explained in some detail the proposal for the re-routing of Brookside Avenue. Another question was then asked concerning rumors being circulated about a proposed new Shopping Center ''of Southdale proportions". insofar as the Village is aware, any shopping center is just a rumor. IN V.51ST STREET FROM OXFORD AVENUE TO HANKERSON AVENUE. Estimate of Cost on this proposed project was $13,781.29, $13,001.29 of which is assessable. to get cross-streets surfaced, a new type of special assessment was considered-that of levying an assessment against properties abutting the street in an amount equal to the Estimated Cost per Front Foot--being $8.36 in this case--for 1/3 of their long frontage, and assessing an area consisting of lots within a half block of these cross streets in & amount of $90 .OO per lot, wit!h .the Village General Fund taking the balance of the cost in lieu of maintenance. representing William, Hankerson, Bedford Avenues residents, protesting this proposed improvement, Manager Hyde recommended that it be 'abandoned with the same understanding about mairitenance2as in the €oregoing actions. improvement be abandoned, with instructions that no maintenance be done on the street until property owners request and are willing to pay for same. heavy trucks on Hankerson. propos'ed improvements 'in this area is that residents object to paying $90.00 per lot for the cross streets; that he has tried to get a petition for oiling this stree't and no one was interested. ' He asked that someihing be done to alleviate the dust. advocating a permanent job if anything at all is to be done with the street.. ayes and one not voting, as follows: VanVaLkenburg, aye; and Bredesen, aye; and motion was adopted. LANE TO W.6OTH STREET. $12,827.35, $12,307.35 of which is assessable, against 2,659.56 Assessable Feet, for $4.63 per Assessable Foot. reported the Schools have indicated their willingness to go along with Furb and Gutter on their side of the street, and that this is the reason why this improve- ment is being proposed; that it is not a petitioned project. Mr. K. L. Sundquist, 5944 Concord Avenue, presented petition signed by 90% of the residents whose property abuts the street, objecting to installation of curb and gutter on their side of the street. propBrty curbed; that this property has not been maintained; that unless curbing is installed on the school side, now, this same matter is likely to come up again in the near future. Nanager Hyde said that curbing only one side of the street doesn't seem to make much sense; and Mr. Hite adaed that the Ehgineering Department has been considering State Aid help for Concord Avenue--bu% that using state aid funds would involve increasing the width of the street to make it at least as wide as Southview Lane--which he felt sure the residents would not approve. Nr. Kenneth Chetwood, 5224 W. 51st St,, told Council Hankerson Avenue 2s being Mr. 'Don , Mr. Gruss, 5117 William Avenue, supported €4~. blotion seconded-by MacMillan, (See Resolution of later in Meeting, Ordering Improvement During discussion on the above proposed improvement, question had been &ked Replying that it is Answer to this was. that io, PUBLIC HEARING ON PROPOSED PERHANENT STREET SURFACING AND PCC CURB AND GUTTER I In an effort Because petitions were presented Rixe then moved that the proposed Hr. 'L. 3. Hubbard, 5029 Hankerson Avenue, complained that the County <uns its fie resident at 5044 William Avenue added that the prime objection to811 the He asked that load limits be posted in this area. Mr. Elmer Lindborg, 5045 Oxford, said he had paid for oil for two years, FSxe's motion was seconded by MacMillan; and on Rollcall Vote there bere four MacMillan, aye; Rixe, aye; Tupa, not voting, U. 'PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN CONCORD AVENUE FROM SOUTHVIEW Estimate of Cost on this proposed project was given as Engineer Hite The street is already surfaced, hr. Sundquist added that most petitioners would like' to see the school Mayor Bredesen inquired as to whether curbing on one 14r. Hite answered that while the main trouble seems to be not been maintained, and the 3/16/64 side of the street will correct the drainage. it will not completely correct, it will help; that the unsightliness of the school property, which has fact that children cannot tell where the street ends and the boulevard begins. this stretch, and Mr. Hyde answered that Police Chief Bennett has been making a study of this, and is about ready to make recommendations on this matter. inquired about continuing this curb project south of the School; Mr. Sundquist protesting it. Gutter in West Side of Concord Avenue between Soutpview Lane and School Road only, and abandoning balance of proposed projecf. and on Rollcall vote there were five ayes and no nays, and motion was unanimously adopted. A question was raised as to whether traffic cannot be slowed down along Mr. A. C. Lyon, 5937 Concord Avenue, and Mr. Sundquist, 5944 Concord Avenue, VanValkenburg moved approving proposed Portland Cement Concrete Curb and Motion was seconded by Rixe, (See Resolution of later in Meeting, Ordering Improvement). SIDEWALK FOR WEST SIDE OF CONCORD AVENUE TO BE BICUSSED WITH SCHOOLS. against resident Curb and Gutter had requested that School be required to install Petition sidewalk, and at Mr , Sundquist 's question concerning a sidewalk improvement, Mr . Hite stated there would be a discussion with the Schools relative to this matter; that it could not be included with this improvement. 12. PUBLIC HEARING ON PROPO~ED EERMANENT STREET SURFACING IN ASHCROFT AVENUE FROM VALLEY VIEW ROAD TO W.6OTH STREET. DrODOSed to be assessed against 1,372.78 Assessable Feet, for $4.04 per Assessable Estimate of Cost was given as $5,550.44, 12. PUBLIC HEARING ON PROPO~ED EERMANENT STREET SURFACING IN ASHCROFT AVENUE FROM VALLEY VIEW ROAD TO W.6OTH STREET. Estimate of Cost was given as $5,550.44, Droposed to be assessed against feet; or against 15 Assessable Lots, for $370.03 per Lot. Mr. Corey, at corner of Ashcroft Avenue and Valley View Road, inquired as to whether existing base will be. used, or whether it will be replaced before surfacing. Mr. Hite ,reported the existing base will have to be replaced. and none had been received prior to the Hearing. Tupa's motion, that project be approved, was seconded by VanValkenburg and unanimously carried. (See Resolution of later in Meeting, Ordering Improvement ) . There were no objections from the flpor, 13. PUBLIC HEARING ON PROPO~ED PERNANEXT STREET SURFACING AND PCC CURB AND GUTTER IN ST.JOHNS AVENUE FROM VALLEY VIEW ZOAD TO W.6OTH STREET. =was given as $12,732.30, proposed to be assessedagainst 1,577.49 Assessable Estimate of. -- Feet, for-$8.07 per Foot, or against seventeen lots for $748.96 per Lot. The resident at 6025 St.Johns Avenue reported to Council that because of an error in mailing Notice, some property owners along this street had not received a notice of this particular Hearing. anything being done on St.Johns; that the street is still. settling fron construction of storm sewer. At Mr, Bredesen's suggestion that Public Hearing be cont'inued to March 30, so that Clerk could notify all affected property owners, Tupa so moved. Motion seconded by MacMillan and carried. Another resident' said that "everybody is against 14. PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND PCC CURB AND GUTTER IN W.59TH STREET FROM CONCORD AVE. TO OAKLAWN AVE.: W.6OTH STREET FROM ____~ CONCORD AVE. TO WOODDALE AVE,; W.61ST ST. FROM WOODDALE AVE. TO BROOKVIEW AVE. - .- _. - With the aid of a Vu-Graph Slide, the route of the proposed improvement, and the area proposed to be assessed there€or were shown. Manager Hyde reported fhis is a Council-initiated project, in an attempt to find out how to get cross-streets surfaced. Showing the audience a map, Mr. Hite explained that in the newer portions of the Village (comprgsing about half the total area), the. cross streets have been surfaced as part of an "area-wide" job, with all lots in the area. being assessed a portion of the cost. Mr. Hyde explained that it is prpposed, in the aase of these streets now under consideration to assess properties abutting the streets at an,Estimated $8.63 per foot for 1/3 of their abutting side footages, and to assess an area comprising lots for approximate1y.half a block in each direction from these cross streets at $90 per lot for part of the cost-this assessment to include the lots abutting the street--with the Village to take the balance of the cost in lieu of maintenance costs. Total Estimated Cost of the project was given as $60,419.42, of which $20,138.28 would be assessed against abutting properties, $29,340.00 assessed at $90.00 per lot to 'tareat' 10%:~ including abutting properties, with the Village paying $2,405.00 for Curb Radius, plus an Estimated $10,941.14 in lieu of.maintenance costs. Mr. B. A. Ringbloom, 5900 Oaklawn Avenue, presented a petition signed by owners of'kh 16 of the 24 Lots on W.59th Street, opposing the project. Ringbloom stated these owners have always paid for their own oil and are perfectly willing to continue to do so; that they do not have any problem; that they have very little traffic, don't want curbs and don't want.surfacing. . area for ten years; feels it would be wonderful to have the streets improved; and a gentleman who stated he lives across the street: from Mrsi'Rushing asked to go on record as definitely in favor of curb and gutter and su-Efacing at the "schooltt end of W.59th Street. He asked concerning school buses, and Mr. Hyde told-him blacktop surface holds up very well under-bus traffic if curb and gutter is included. Mr. Mrs. L. G. Rushing, 5845 St.Johns Avenue, told Council she has Lived in the 4p 3/16/64 pllr. L. J. Olson, improvement. He said besides the surfacing I 5901 Concord Avehue, expressed himself as wanting the the street had had oil, and that this is no remedy; that, the street should have curb and gutter because of the . children who walk down the street, order improvement in from Concord to Wooddale, rather than from Concord to Oaklawn, than that Nest, because Wooddale feeds traffic into the cross streets; toward He added he believes the Council should Mayor Bredesen agreed that there is a different situation East of Wooddale schools. At a question as to cost, Engineer projects have already been abandoned by figured on Village's doing all the work here this evening would be valid. Mr. Hite reported that the schools Hite replied that inasmuch *as several Council whereas Estimates had been proposed, none of the Estimates read have askedthe Village to consider sidewalks in the area, just because of some of the problems mentioned bye residents here this evening, together with sidewalk on Concord Avenue as far south as Valley View Road; that sidewalk cannot go in without curb and gutter. Mr. Robert Ervin, 5900 Kellogg, told Council several property owners on this block object to the proposal, and the resident at 6901 looddale Avenue recommended a corduroy road to slow traffic down, rather than surfaced street to speed traffic. needs Curb and paving and everything, 6117 Oaklawn Avenue inquired as to how much. park property is being assessed, and was informed that six lots will be assessed. or TJ.6Oth St., and E.&. Hyde replied the cost would be approximately $400 per Mr. John Kistle, 6101 Nooddale Avenue, said he would like to see fJ.6ls-t: Street surfaced; that it does bear considerable traffic because of the park. Rixe then moved that Council approve Permanent Street Surfacing with PCC Curb and Gutter €or W,59th Street from Concord Avenue to Wooddale Avenue, kf . 60th Street from Concord Avenue to Wooddale Avenue, and W. 61st St ,' €rom Wooddale Avenue to Brookview Avenue. objection to curbs, saying Fairfax avenue was improved some years ago without curb and is holding up well; and the owner at 5913 FairiEax said he would be in favor of eliminating curb and gutter on l?,59th Street because this will not keep the children off the street. Some informa-f discussion was had relative to sidewalk. on N.59th Street, and Mayor Bredesen suggested that W.59th Street owners sit down with the Village Engineering Department before bids are taken to discuss the advantages of a 24-foot travelled roadway plus sidewalk, as compared with a 30-foot roadway without sidewalk. * VanValkenburg and Bredesen all voting aye; and motion was unanimously carried. GUTTER IN BEARD PLACE FROH k7.62ND STREET TO BEARD AVENUE: AND IN BEARD PLACE FROPI W.62ND STREET TO CROSSTOWN HIGHWAY, which $18,882.98 is proposed to be assessed, at $9.14 per assessable feet against 2,065.58:feet; or at $755.32 against 25 Assessable Lots. One property owner in the area No?.+& Of W.62nd Street told Council that, of 19 homes in this block, nine home objections registered. proposed Permanent Street Surfacing and PCC Curb and Gutter in Beard Place from W.62nd Street to the Crosstown Highway, abandoning that portion of the improvement in Beard Place from W.62nd Street to Beard Avenue, and with instructions that there be no maintenance on the street unless requested and paid for by the property owners . Motion was seconded by. MacMillan and unanimously carried by Rollcall vote. saying he believes residents are entitled to street maintenance as part of the general tax levy. lery does no good on oiled streets once they have beinn to disintegratk. Mr. Crane, 5945 St.Johns Avenue, reported that 60th Street desparately - Saying there is a fair amount of Park traffic on ,W,6lst Street, Mr. Nayer, An inquiry aas made as to the cost to a property owner abutting 17.59th St. iot . Motion was seconded by Tupa. Before vote could be taken, Mr. Peterson, 5901 Fairfax Avenue,announced his I Vote was then taken on Mr. Rixe's motion, and showed MacMillan, Rixe, Tupa, 15. PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND PCC CURB AND Estimate of Cost was read as $19,077.98, of present this evening to protest the improvement. There were no other . VanValkenburg then moved that the Council approve the HIr. VanDale, 6119 Beard Place, protested the "no maintenance" action, Manager Hyde explained that the minimum amohnt provided in tax * .i6. PUBLIC HEARING ON PROPOSED PERMANENT STREET SURFACING AND PCC CURB AXD GUTTER IN W.62ND STREET FROM EWING AVENUE TO ABBOTT AVENUE. given as $30,805.54; $30,285.54 of which is proposed to be assessed as follows: To abutting properties - $7,627.70, at $8.94 permAssessable Foot, on the'l/3 Side Yard Footage basis; to Area as set forth in Notice of Hearing, $90.00 per Lot; this area including properties abutting M.62nd St. Mr. B.K. Pinckaers, . 6301 Ewing Avenue, expressed himself as opposing the project because he never uses W.62nd Street; feels the people abutting the street should pay €or €he improvement if they wanted. body else's side footage at the time Ewing was improved; and Engineer Hife advised Estimate of Cost was I He told Council that Ewing residents paid for "some- Council Ewing in which some had been part of side footage was Improvement BA-35, a comprehensive street improvement involved. He recommended that those lots assessed c 41 3/16/64 Street Improvement BA-35 be relieved from assessment for this project if *I approved. doesn't use this street; that if the street is surfaced, there will be much more traffic on it, and there are many children around because of the park. He added there is no need for the curb, whatsoever, because there is nothing on the one side of the street except the park. Council does have the legal power to order in all these street improvements, it is attempting to act in accordance with the wishes of the residents insofar as is possible, One lady said she felt the reason residents are not to receptive to improvements is that taxes have risen so "because of the re-evaluation"; was informed by Mr. Hyde that the re-evaluation is not the reason for the tax jump-- it is school and county increased levies. favor of this proposed improvement, and VanValkenburg moved that project be abandoned. Mr. Gardner, 6108 Zenith Avenue, told Council that the neighborhood Trustee MacMillan reminded audience that while No one expressed himself as being in Motion seconded by Tupa and unanimously carried VanValkenburg then o€fered the following Resolution and moved ilk adoption: RESOLUTION ORDERING. IMPROVEMENTS PERMANENT SURFACING AND CURB AND GUTTER BE IT RESOLVED by the Council of the Village of Edina, IYlinnesota, that this CounciJ. heretofore caused notices of hearing to be duly published on the following proposed improvements: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IN THE FOLLOWING STREETS: 1. 2. Dublin Circle from W170th St. to end of Cul-de-sac. 3, Merold Drive from Grove St. to Wycliffe Rd. 9, View Lane from Hwy.#169 to Schaefer Rd,; Schaefer Rd, from View Lane to Stauder Circle; Stauder Circle from Schaefer Rd. to N. Line Parkwood Knolls 12th Addn, William Aver from W,5lst St. to Interlachen Blvd,; Hankerson Ave. from W.52nd St, to Interlachen Blvd. W.6Oth St. from Concord Ave. to Wooddale Ave. ; W.6lst St. from Wooddale Ave. to Brookview Ave. Beard EL. from W.62nd St, to Crosstown Highway Rosemary Lane from Valley View Road to Cul-de-sac. 5. Oxford Ave. from W.51st St. to cul-de-sac; 6. W,59th St. from Concord Ave, to Oaklawn Ave.; 7, Beard Place from W.62nd St. to Beard Ave.; . B. CONSTRUCTION OF PERMANENT SURFACING ONLY IN: 1, Ashcroft Avenue from Valley View Road to W.6Oth St'. Co CONSTRUCTION OF CONCRETE CURB AND GUTTER ONLY IN: 1, Concord Ave, from Southview Lane to W,GOth St. and at the hearings held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvements as hereinafter set forth- desi nating the respective improvements, temporarily, until the type of/P&ee? ha en9 surfacing khich brill be constructed shall have been determined by the Councilsin accordance with the Street Improvement Numbers hereinafter set forth; said designations to be superceded by a permanent designation at such time as it is determined by this Council: TEMPORARY STREET A-1 Above - As Set Forth Above IMPROVEMENT NOS, 1964-1 ' 1964-2 A-3 Above - As Set Forth Above 1964-3 A-2 Above - As Set Forth Above A-4 Above - Construction of Permanent Street Surfacing Only, without Portland Cement Concrete Curb and Gutter, in View Lane from Hwyb#169 to Schaefer Rd.; Schaefer Rd. from View Lane to Stauder Circle; Stauder Circle from Schaefer Rd, to N. Line Parkwood Knolls 12th Addn. 1964-4 A-5 Above - Construction of Permanent Street Surfacing and Portland Cement Concrete Curb and Gutter, in William Ave. from W.5ls-t St. to Interlachen Blvd. Only. A-6 Above - Construction of Permanent Street Surfacing and Portland Cement Concrete Curb and Gutter, in W.59tl-i Street from Concord Ave. to Wooddale Ave.; W.6Oth St. from Concord Ave. to Wooddale Ave,; W.6lst St. from Wooddale Ave. to Brookview Ave, 1964-6 1964-5 A-7 Above - Construction of Permanent Street Surfacing and . Portland Cement Concrete Curb and Gutter, in Beard Place from W.62nd St, to Cross Town Highway Only. 1964-7 B-1 Above - As Set Forth Above i964-a 3/16 /6 4 42, IT FURTHER RESOLVED that at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons. interested and being fully advised of the pertinent facts does hereby determine to proceed jwifh'coNSTRUCTION OF CONCRETE CURB AND GUTTER ONLY IN: Concord Ave. from Southview Lane to School ROad--I.lest Side Only. that said improvement is hereby designated as STREET IWROVEMENT NO. B-76, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved on the West (schooL-owned properties). BE IT FURTHER RESOLVED that the areas to be specially assessed for Street Improvements Nos. 1964-1 to 1964-8, inclusive, shall be as follows: For Street Improvements 1964-1, 3964-2, 1964-3, 1964-4, 1964-5, 1964-7 and 1964-8--AUlots and tracts of land abutting the respective streets proposed to be improved. to 18 incl., Block 6; Lots 7 to 18, incl., Block 7; Lots 7 to 18, incl., Block 8; Lots 1 to 24, incl,, Block 9; Lots 1 to 24, incl., Block 10; Lots 1 to 24, incl., Block 11; Lots 1 to 24, incl., Block 12; Lots lo to 15, incl., Block 18; Lots 7 to 18, incl., Block 19; Lots 7 to 18, incl., Block 20; Lots 1 to 16, incl:, Block 21; Lots 1to 22, incl., Block 22; Lots 3 to 24, incl., Block 23; and Lots 13 to 23, incl., Block 24--All in Fairfax Addition;Lqts 1 to 13, incl., - Block 1, and Lots 1 to 8, incl., Block 2, Valley View Terrace Addn,; Lots 1 to 7, incl., Block 1 and Lots 1 to 16, incl., Block 2, Valley View Terrace Qid Addn.; and Lots 1to.8, incl,, Block I, and Lots l-to 7, incl., Block 2, Valley View Terrace 3rd Addn. Notion for adoption of the Resolution was seconded by he, and on Rollcall there . I For Street Improvement No. 1964-6- Lots 7 to 18, incl., Block 5; Lots 7 , aye; Tupa, aye; ,COUNCIL VACATES JACKSON AVE. BETWEEN BELMOFG*LANE AND TROLGY LINE ADDN. AFTER PUBLIC HEARING. Clerk presented Affidavits of Publication, -Posting-and Mailing of "Notice of Public Hearing on Proposed Vacation of Jackson Avenue between Belmore Lane and Trolley Line Addition", which affidavits were approved as to form and ordered placed on file. Clerk explained that this one-block dtreet lies between two sections of Village-owned park land, and that Park Department is recommending its Vacation. There were no objections registered at the Hearing, and none had been received * prior thereto, and VanValkenburg offered the following Resolution and move'd its adoption : D RESOLUTION VACATING STREET JACKSON AVENUE BETWEEN BELMORE LANE AND TROLLEY LINE ADDITION IHEREAS, two weeks' published notice and posted notice of a hearing to be had on March 16, 1964, at 7:OO P.lL, on the proposed Vacation of Jackson Avenue lying between Blocks Three and Four, West Minneapolis Heights Addition, and between Belmore Lane and Trolley Line Addition has been given and made, and a hearing has been had thereon by the Village Council: NO17, TEEFORE, BE IT RESOLVED by thg"Vi1lage Council of the Village of Edina, Hennepin County, Minnesota, that the following street be and is hereby vacated: "THAT PORTION OF JACKSON AVENUE LYING BETWEEN BLS': THREE (3) AND FOUR (4), ADDITION, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota'!. NEST HINNEAPOLIS HEIGHTS ADDITION, AND BETWEEN BELMORE LANE AND TROLLEY LINE Notion for adoption of the Resolutionbwas seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg,. aye; and Bredesen, aye;-and I REPORT RELATIVE TO STORM SEWER ASSESSMENT ON PEARCE PROPERTY LAID OVER. Hite told Council the report.requested by the SPearces at the last regular nieeting, relative to assessment for Storm Sewer on their property, is being'prepared by the people who now own the property, but is not yet *ready for submission. Plattkr laid over to next meeting. BUMP TRUCK BID AWARDED TO MIDWAY FORD CO. Tabulation of Bids taken Ivlar'ch 13, on Dump Truck and Box , showed receipt of Seven Bids, Midway Ford being low bidder on a Ford 750, Smitth SlOl Box and Garwood A50 Hoist at $4,659.00. award to low bidder, and HacMillan so moved. Engineer Recommendation was for Motion seconded by Rixe and carried. 7 v u 43 3/16 /64 Bids on ZruQk-ranged from low of $4,659.00 to high of $5,039.75, with second-#s low bidder being Major Ford, Inc., at $4,749.00; third-low, International Harvester Inc.,, at $4,750.00; and high bidder, Hopkins Motor Sales on Dodge at $5,039.75. AWARD ON POLE BARN FOR GOLF COURSE DELAYED TO MARCH 30TH FOR LOCATION. Tabulation of bids was presented, covering bids taken March 16th on a "Pole Type Storage Building" for Braemar Links and Park. . Tabulation showed Marcus Construction Company of Pri,nsburg,.Minnesota to be low bidder at $3,955.42 on Base Bid and $5,362.22 with all alternates: E. G. Clinton Company, second-low at $5,020.00 and $6,288.67, respectively; and Bryan Constnuction Co., Inc., third-low at .$5,532.00 and $6,836.00 respectively; C E B Builders Company being third-low on Base Bid only, at $4,238.00. further investigation as to site and a check of the low bidders. stated he believes the Park Board has settled the location of the building (as the result of a field trip held last Saturday morning) in a-place which Mr. Bredesen said.he could best describe as "being in the midst of scrub popple". Mr. Hyde told Council that because of some difficulties on sewer and water service it might still be better to locate in the originally selected location. Mayor Bredesen suggested that award be laid over to March 30, in order that matter of location might be settled; and it was so ordered. Manager Wyde recommended that award be laid over for a Mayor Bredesen IMPROVEMENT PETITIONS ACCEPTED AND REFERRED TO VILLAGE ENGINEER. Improvement Petitions were submitted, and by motion VanValkenburg, seconded by Tupa and carried were accepted and referred to the Village Engineer for programming: 1. SANITARY SEWER - Zenith Avenue between #6117 and #6125 Zenith .Ave. 2. SANITARY SEWER AND WATERMAIN- In Rolling Green--Bywood West from Interlachen Blvd, to Annaway Drive; Annaway Drive from Bywood West to Mait Lane; 14ait Lane from Annaway Drive to Merilane; Merilane from Mait Lane to Annaway Drive at Bywood West The following 3. SANITARY SEWER - Schey Drive from Dewey Hill Road to Gleason Road. COUNCIL RENEWS BEER AND LIQUOR LICENSES FOR YEAR APRIL 1, 1964 TO APRIL 1, 1965. Clerk presented a list of applications for Renewals for coming license year, as follows: Beer-On Sale, Ten; Beer-Off Sale, Sixteen; Liquor-Club, TWO. She reported that the only applications for: renewals not yet received are Normandale Golf for Beer-On Sale, and Valley View Grocery, for Beer-Off Sale. applicatipns, Motion by VanValkenburg, that Council approve applications for I Police Chief Wayne Bennett, was seconded by MacMiMan and unanimously carried. There are no new .renewal of Beer and Liquor Licenses, subject to approval of applications by ''CLUB HOUSE AND GOLF COURSE OPERATION" REPORTSUBMITTED AND ORDERED PLACED ON FILE. Manager Hyde presented to the Council a report, dated March 9, 1964 and entitled Itclub House and golf Course 0 era i nrt July 4 to October 15, 1964,/6!~n&k% bff Course Operation will be an estimated $37,927.00; for Grounds Maintenance, $54,012.00, for a Grand Total of $91,939.00; and that for the full season of 1965, expenditures will total some $123,960.75. Manager Hyde reviewed in detail several of the expenditures listed on report; w ich showed that during the season and report was accepted and ordered placed on file. .. KENNETH-HANSEN DEVELOPMENT PLAN ACCEPTED BY PLANNING COMMISSION, MR. HITE REPORTS. Planning Director Hite reported to Council that the Overall Development Plan for the Hansen and Kenneth properties, as presented February.22nd.and modified on March 4, has been accepted by the Planning Commission. matter of information only, there being no r?equest before the Council for rezoning at this time. Report was made as a STOW COMPANY REQUESTS ACTION TONIGHT ON PETITION FOR REZONING OF SOUTHEAST CORNER CAHILL ROAD AND W.70TH ST. FOR GASOLINE SERVICE STATION: DEVELOPMENT OF LAND USE PLAN FOR AREA. Planning Director Hite directed Council's attention to the minutes of the March 4, 1964 Meeting of the Planning Commission, rexative to the Stow Company for rezoning the Southeast Corner, Cahill Road and W.70th St, for use for gasoline service station. Mr. Josiah Brill and Mr. E. C. Stow were present at Council Meeting, Mr. Brill requesting, on behalf of the Stow Company, that Council take action this evening to either accept or deny petition. Bredesen inquired of Attorney Whitlock as to whether Council must act gonight in accordance with Mr. Bisill's request for action one way or other on petition. After his own review of the Planning Commission Minutes of March 4, Mr. Whitlock replied it is his opinion there is no obligation on the part of the Council to take action at this time. equivalent of denial; that there is a limit as to how much Council can delay; that he expects to go to Court and to say so when the time comes. VanValkenburg, saying it is his understanding that the petition for rezoning of property at Southeast Corner, Cahill Road and W.70th St., now under consideration, has been before the Planning Commission since January of this year and that the Comrnission is developing a traffic and otherwise comprehensive land use for this area, which plan should be beneficial to the area, but that this plan has not yet been completed, moved that the Village Council accept the March 4th recommendation of the Commission- ACTION DELAYED PENDING After.review of the Commission Minutes and recommendation, Mayor I Mr. Brill told Council he feels that delay is 3/16/64 44wnLch is essentially that this Council take no action on the Stow petition for rezoning tract to gasoline service-station use until such plan is developed. Motion was seconded by Rixe and carried. VILLAGE NOTIFIES E. C. STOW CLEANUP OF W.49TH ST. LOT HILL BE ASSESSED AGAINST PROPERTY IF VILLAGE EIUST INVOKE CLEAN-UP ORDINANCES. On behalf of the Planning Commission, I&, Hite inquired of Mr. E, C. .Stow, in Mr. Brill's presence, as to what has happened to-the proposed apartment building at W.49th St. and France Avenue. Report was made that lot is dirty and.there are big- piles of earth on it. Mr. Stow was notified that lot must be cleaned up and earth piles taken down, or Village will invoke its clean-up ordinances and assess the cost of clean-up against the lot . 2.A.E.ANDERSON REQUEST FOR SIDE YARD VARIANCES AT 5523 ZENITH AVENUE REFERRED TO VILLAGE ATTORNEY. Eiaach 4, unfavorable to the request of Z.A.E. Anderson E Son, Inc. for side-yard variances for Lots 22, 23 and 24, Block 3, Seeley's First Addition (being three forty-foot lots on which this company expects to construct three dwellings,with roof overhang one foot closer to side lot line than Ordinance permits. Hite told Council that inasmuch as most of: the homes on this street are built on at least 1-1/2 lots, and inasmuch as it is the opinion of the Commission that the applicant should in no way be encouraged to construct three houses on three forty-foot lots, the Commission has asked that the Village Attorney investigate means by which Village could require combination of the three lots into %NO building Lots. VanValkenburg's motion denying request for side-yard variance,. and referring matter to Village Attorney for investigation as to possibility - of Village.!s requiring combination of three lots into two building sites (all in accordance with Commission's recommendation) was seconded by Rixe and carried. < I Council reviewed Planning Commission recommendation of Mr. PRELIMINARY PLATS APPROVED, following Preliminary Plats, which have received Planning Commission's &larch 4th Planning Director Hite presented to Council the - recommendat ion for approval : 1. MUIR WOODS, DAVIS REPLAT - Being a four-lot plat, dividing Lot 1, Block 1, Huir Woods, on East side of Valley View Road just north and west of the horseshoe bend. 2. CODE'S HIGHVIEW PARK, MAURER REPLAT - This being a two-lot plat, dividing Lot 12, B1. 1, Codes Highview Park exc, the E. 103,Ft. thereof. Property is located along the NQ;~ side of W.6Oth St., just Nest of Code. Chapel Hills Congregational Church on Highway #169. I . 3, BLEASON 2ND ADDITION, - A 30-lot plat situated just north and west of .VanValkenburg's motion, that Preliminary Plats be approved in accordance with Planning Commission's recommendations was seconded by Tupa and carried. PRELIl4INARY-FINAL PLAT OF "=PLAT OF LOTS 3, 4 AND 5, BLOCK 1, IDYLWOOD 4TH ADDN. Planning Commission's Narch 4th recommendations for approval of this three-lot replat of a tract along the Vest side of West Highweod Drive and North of Pine Grove Road as both Preliminary and Final Plat, was' reviewed; and axe moved for approval- of plat in accordance with Commission's recommendation. seconded by biacl-lillan and carried. Motion CAHILL-DEWEY HILL LAND USE STUDY TO RECEIVE PLANNING COMIKLSSION-COUNCIL ATTENTION ' SATURDAY, MARCH 21. expects to meet on Saturday, relative to the report of Midwest Planning E Research, Inc, on the Cahill-Dewey Hill Land Use Study. meet with the Commission on this matter, Mr. Hite invited to the meeting all Council members who can attend. the Metro Rezoning request at the same time. 14r. Hite reported to Council that the Planning Commission Saying that Council may wish to He added it may be possible to do some study on 9:30 A.N, set as time of meeting. COUNCIL VOTES TO ACQUIRE CERTAIN LOTS FOR PARK AND STREET PURPOSES, FROM COUNTY AUDITOR'S TAX DELINQUENT LIST 11577-C11. being a list of tax-forfeited lands classified by County Board as %on-conservation" Hennepin County Board's List If 577-C" , and.approved for sale, was reviewed at some length by the Council, together with the recommendation of the Park Board for acquisition of Lots 8, 20 and 21, Block 7, Brookview Heights 2nd Addition for Park Purposes, and the recommendation of Engineer Hite for acquisition of Lot 19, Block 3, Brookview Heights 3rd Addition for Street Purposes. to acquire any of the property, the property must be classified as %on-conservation", and VanValkenburg offered the following Resolution and moved its adoption: I , It was noted that before Council can take action RESOLUTION RELATING TO CLASSIFICATION AND SALE OF IWEREAS, the Village Council of the Village of Edina, Hennepin County, TAX FORFEITED €!ROPERTIES ---------- (LIST "577-C") Minnesota, has received from the County Auditor of Hennepin County, PIinnesota a list of lands in said Village which became the property of the State of Minnesota under the provisions of law declaring the Sorfeiture of lands to the State for non-payment of taxes, which said list has been designated as Classification List '*577-C1', February 25, 1964; and 3/16/64 A$. ?, c WHEREAS, each parcel of land described in said list has heretofore been i classified by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners: NOW, THEREFORE, BE IT RESOLVED, by said Village Council acting pursuant, to Minnesota Statutes for 1957, Section 282.01, Subd. 1, that the said classifi- cation by said Board of County Commissioners of each such parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. MoQion for adoption of the Resolution was seconded by Rixe, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; a an, aye; Rixe, aye; Tupa, aye; I. ( ( (VanValkenburg then moved that the Village Attorney be directed to make application on behalf of the Village of Edina for acquisition of the follpwing described tracts of land, said application to be made to the State of Minnesota and the Board of Hennepin County Commissioners: Lots 8, 20 and 21, Block 7, Brookview Heights 2nd Addition - for PARK PURPOSES, Lot 19, Block 3, Brookview Heights 3gi ~$d.&&3ns-v&2s STREET PURPOSES. ¶ 3 30 ( 0 4 u u (Motion was seconded by Rixe and carried;/a d (Some discussion was had concerning four lots--Lots 11, 12, 13 and 14, Block 3, Brookview Heights 3rd Addition-which are exceptionally deep and which.back up to the Nine-Mile Creek. It was noted that the front of these lots could be buildable lots, whereas the back of the lots should be acquired for park purposes. Finance Director Dalen recommended that the Village purchase these four lots outright, at an appraised value, if it is legal so to do, in order that the Village can make disposition of the front part of the lots4 acquire by purchase Lots 11, 12, 13 and 14, Block 3, Brookview Heights Addition if it is legal so to do, was seconded by Rixe and carried, by unanimous vote. VanValkenburg's motion, that Village GRADING AND GRAVELLING OF DENEY HILL ROAD BETWEEN CENTER AND WOLINES OF SECTION 8, TWP. U6, RANGE 21, TO BE GRADED AND GRAVELLED AS STATE AID PROJECT. the Council that for some time the Engeer'n changing the grade of Dewey Hill Road;, t%ct%f%ss%b!&k should be done. before the Trunk Sewer No. 1-2 improvement is installed. work be paid for from State Aid Funds, but that Public Hearing be scheduled for March 30 on proposed improvement, which will mean, besides a change-in the grade, the widening of the travelled roadway to 36 feet. VanValkenburg's motion, that Public Hearing on proposed Grading and Gravelling of Dewey Hill Road be scheduled for Monday, March 30, 1964, was seconded by Tupa and carried. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER FOR W.6OTH STREET BETWEEN FRANCE AND XERXES AVENUES DISCUSSED; POSSIBLE STATE AID PROJECT. Mr. Hite discussed with Council briefly,(and as the result of sentiments expressed by residents living North of the Crosstown Highway and south-of W.6Oth St. east of France Avenue, that they use W.6Oth Str rather than W.62nd St.) ways and means of having this street permanently surfaced. The matter of using State Aid funds for this project was briefly considered, with Mr. Hite to bring further report before the Council. Advising Department has been considering He recommended that the PUBLIC HEARINGS SCHEDULED FOR MARCH 30 AND APRIL 6, 1964, ON SEVERAL PROPOSED IMPROVEMENTS. 1964 Ulhility Construction Program" approved by the Courrcil at an earlier meeting, Engineer Hite presented for Council consideration several proposed.improvements, advising Council of cost and feasibility of doing work. Public Hearings be formally scheduled for March 30 and April 6, and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED TRUNK AND LATERAL SANITARY SEWER, LIFT STATION, WATERMAIN, STORM SEWER, AND Pursuant. to previous discussions with Council, and the "Proposed He requested that - GRADING AND GRAVELING IMPROVEMENTS - BE IT RESOLVED by the Council of the Village.of Edina: 1. The Village Engineer, having submitted to the CQuncil a preliminary report as to'the feasibility of the proposed TRAUNK AND LATERAL SANITARY SEWER, LIFT STATION, WATERMAIN, STORM SEWER, AND GRADING AND GRAVELING IMPROVEMENTS described in the Forms of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 3/16/64 2. This Council shall meet on Monday, March 30, 1964, and on Monday, April 6, 1964, at 7:OO P.M., in the Edina Village Hall, to consider in public hedings the views of all persons interested in said proposed improvements, said ' - ~ meetings to be in accordance with forms of Notfce of Hearings hereinafter set forth . 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, and to mail notice to owners of affected properties not later than ten days before date of said meeting, which notice shall be in substantially the following form: 3. The Clerk is hereby authorized and directed to cause notice of the time, (A) ' NOTICE OF PUBLIC HEARINGS ON TRUNK AND LATERAL SANITARY SEWERS AND LIFT STATION, TRUNK AND LATERAL WATERMAIN AND STORN SEWERS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, March 30, I 1964, at 7:OO P.Ijl., to consider the following proposed improvements to be con- . structed under'the authority granted by Minnesota Statutes 1961, Chapter 429. The approximate cost of said improvements is estimated by the Village as set forth below: ESTIMATED COST A. CONSTRUCTION OF VILLAGE TRUNK WATERNAIN AND APPURTENANCES, AND LATERAL CONNECTIONS THERETO AND APPURTENANCES IN THE FOLLOWING : 1. Commencing at the intersection of N.70th St. and /* France Ave.; thence southerly along'France Ave. to W. 76th St.; thence westerly along proposed W.76th St. and proposed W.76th St, extended to Village well site in R.L.S. #938 $ 83,312.50 more or less west of S.E. corner of the N1/2 of Sec.9, T.116,R.21; thence along proposed streets within that part of the south half of Sections 8 and 9, T.116,R.21, which is between State Hwy.#lOO and Cahill Rd. to the center line intersection of Dewey Hill Rd. and Cahill .I Rd.; thence westerly along Dewey Hill Rd, to the inter- section of Gleason Rd. as recorded in Schey's Park View 3rd Addn. plat; thence NWly and Nly along said Gleason Rd. and proposed streets in unnamed proposed plats to the intersection of Gleason Rd. E Valley View Rd. and there terminating. $222,005.75 2. . Commencing at a point 120' more or less S. and 50' Bs CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: 1. Herilane from 1nterlachen.Blvd. north to Cul-de-sac; Rolling Green Parkway from 1nterlachen:Blvd. north to Annaway Drive ; Bywood West from Interlachen Blvd. north to Annaway Drive; Annaway Drivevfrom Merilane west and north to Cul-de-sac.; Crescent Terr. from Bywood West to Rolling Green Parkway; kait Lane from Annaway Drive to Nerilane; Interlachen Blvd. from the west right-of-way line of Mirror Lakes Dr, extended west .to Bywood'West. From Merilane cul-de-sac; thence Nly along the east line of Lot 12, B1. 15 Gunnar Johnson's Second Rearrangement of Rolling Green to a point 10' S. of the NE corner of said. Lot on said line; thence Ely 10' S. of and parallel to the N. line of Lot 1, B1. 1, Walling's Addn, to the E. line of said lot; thence Ely 85' to a point which is 5' N, of the N. line of Lot 1, B1. 1, Hilldale LaLone Addn.; thence Ely 5' N, and parallel to said Lot 1 to the W. right-of-way line of Circle T?est;.thence to Circle West cul-de-sac.; From Mait Lane north parallel and 5' W. of the 11. of Lot 7, B1. 1, Gunnar Johnson's 2nd Rearrangement of Rolling Green, to the W. line of Lot 4, B1. 1, Gunnar Johnson's 2nd Re- arrangement of Rolling Green; thence NWly along said W. line to Annaway Drive. 2, @e'adow Road from W.48th St., N, to cul-de-sac; White Oaks Road from Meadow Rd. west to existing water- main at cul-de-sac. $ 13,408.35 ' $ 95,155.43 C. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES AND LIFT STATION AND APPURTENANCES IN THE FOLLOWING: 1. fjlerilane from 625' N. of Interlachen N. to cul-de-sac.; Bywood West from 900' N. of Interlachen to Annaway Drive; 4nnaway Drive from Merilane west and north to cul-de-sac.; Rolling Green Parkway from 300' N. of Interlachen to AnnawaY Drive* ; (Continued next page) /. 3/16/64 Crescent Terrace from Rolling Green Parkway to 47 328' west.; Mait Lane from Merilane to Annaway Drive $222,013.62 D. CONSTRUCTION OF VILLAGE'LATERAL SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: 1. Merilane from Interlachen Blvd. to 625' N.; 2. Blake Road from Interlachne Blvd. to'100' S. of .. Bywood West from Interlachen Blvd. to 783' N. Scriver Road; Lake Ridge Rd. from Blake Rd. to cul-de-sac.' ' White Oaks Rd; from Meadow Rd, W. to cul-de-sac; On an easement line between Lots 5 and 6, Aud. Subd. #319 from Meadow Rd.xfrlsl southwest to Townes Rd. cul-de-sac; Scriver Road from Blake Rd. to cul-de-sac; 3. Meadow Rd. from W.48th St, N. to cul-de-sac; Townes Rdr from cul-de-sac to 200' west; Lot 9, Aud. Subd. #319. ' Private drive from Townes Rd. N. to S. line of E. ' $ 35,781.78 $ 52,659.05 '. $ 98,839.61: .. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES 1. IN THE FOLLOWING: Commencing at the intersection of Annaway Drive and Rolling Green Parkway to pond (between Lots 4 and 5, Block 1, Gunnar Johnson's Rearrangement of-Rolling Green) ; Commencing a t the intersection of Annaway Drive and Mait Lane to pond (between Lots 54 and 59 Rolling Green, Section Two); Commencing at the intersection of Merilane and Mait Lane to existing storm sewer; . Merilane (400' north of Annaway Drive) to pond (between Lots 1 and 2, Block 1, Gunnar Johnson's Rearrangment of Rolling Green) $& 14 1. , 795 66 2. Commencing at Lot A, White Oaks 6th Addn,; thence southerly on Meadow Road to the intersection of Meadow Road and White Oaks Road; thence southerly to low point (Lots.12, 13, 14, 15, White Oaks 4th Addn. and Lots 1, 2, 3, 4, White Oaks 5th Addn.) $ 11,043.09 The area proposed to be assessed for the cost of the proposed lateral watermain connections to the trunk watermain under A-1 above includes all lots and tracts of land abutting the above described location of said watermain. The area proposed to be assessed for the cost of the proposed trunk watermain under A-1 above includes all lots and tracts of land within the following described boundaries: "Commencing at a point in the east line of the NW1/4, Sec. 32, T.28, R.24, said point being 240' S, of the N.E. corner thereof; thence W. 240' S. of and parallel to the N, line of the said NW1/4 to the W. line of said NW1/4; thence N. to the N,W. corner of Sec. 32, T.28, R.24; thence W. along the center line of W.7Oth St. a distance of 145'; thence S. parallel to and 145' W. of the E. line of Sec. 31, T. 28, R.24 to the center line of W.72nd St.; thence W. along the center line of W.72nd St. to the E. line of South Garden Estates 3rd and 4th Additions extended Ne; thence S. along the E. line of South Garden Estates 3rd and 4th Additions to the S.E. corner of Lot 10, Block 1, South Garden Estates 4th Addn.; thence W. along the S. line ofthe N1/2, Sec.31, T.28, R, 24, to the S.W. corner of the NE1/4 of said Sec. 31; thence S. along the W. line of the SE1/4 of Sec. 31, T.28, R.24, to the S. W. corner thereof; thence E. along the S. lines of said Sec. 31 and Sec. 32, T.28,R.24, to a point which is the W. line of MeadoV Lane I1 Addn.' extended south; thence N. along the W. line of Meadow Lane *I1 Addn.' to the center line of W.76th St.; thence E. along the center' line of W.76th St. to a point which is the W. line of LyndaLe Builders Addn. extended So; thence N. along the W. line of Lyndale Builders Addn. to the center line of W.75th St.; thence NWly tdthe S.E. co'mer of Lot 7, York Hills Addn.; thence N, along the E. line oT Lots. 7, 8, 9, 10, 11, 12, E 13, York Hills Addn. to the N.E. corner of Lot 13; thence E. along the N. line 03 Lot I, York Hills Addn. extended, t'o the center of Sec, 32, T. 28, R. 24; thence N, along the E. line of the NW1/4 of Sec. 32, T.28, R. 24 to point of beginning." The area proposed to be assessed for the cost of the proposed lateral watermain connections to the trunk watermain under A-2 above includes all lots and tracts of land abutting the above described location of said watermain. The area proposed'to be assessed for the cost of the proposed trunk watermain under A-2 above includes all lots and tracts of land within the following described boundaries: 3/16 /64 18Commencing at a point which is the center line of Hwy.#lOO and W.70Zh St.; thence I?. along the center line of W.70th St. to the W. property line of the Minneapolis, Northfield and Southern R, R. right-of-way; thence SWly along the V. right-of-way line of the Minneapolis, Northfield and Southern R. R. to the intersection with the N. line of 'the S1/2 of the N1/2 of Sec. 8,T0116,R.21; thence Wly along said line to the N.V. coher of Lot 6, B1. 1, Prospect Hills 2nd Addn. ; thence Nly to the N:E. corner df Lot 3, B1. 1, Prospect Hills 2nd Addn.; thence Wly along the S. line of Prospect Hills Addn. to the S.W. corner thereof which is also the N.E. corner of the S. 10 acres of the NE1/4 ofthe a1/4 Sec. '7,T.ll6, R.21; thence Wly .%Long the N. line of said S. 10 acres . to the N.W. corner of said S. 10 acres; thence Sly to th& S.W. corner of the NE1/4 ofthe NE1/4 of Sec. 7,T.116,R021; thence F?. along the S. line of the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4 of said Sec. 7 to the center line of Valley View Road; thence Sly, Vly, and Nly along the center line of Valley View Road to the S. line of the NEl/4 of the NW1/4 of said Sec. 7; thence \?ly along the S. line of the NE1/4 of the NW1/4 of said Sec. 7, to a point 950' E. of the 17. line of Sec. 7, T. 116, R.21; thence S. parallel to and 950' E. of the 17. line of said Sec. 7 to the S. line of the Nl/2 thereof; thence W. along the S. line of the N1/2 of said Sec. 7 a distance of 400'; thence S. parallel to and 550' E. of the W. line of said Sec. 7 to the S. line of Sec. 7,'T.116, R. 21; thence E. along the S. lines of Sec. 7 and Sec. 8, T. 116, R. 21, to the S.E. corner of said Sec. 8; thence N. along the center line of Hwy.#lOO to point of beginning .It watermain under B-1 above includes all lots and tracts of land abutting the above described location of the watermain. watermain under B-2 above includes all lots and tracts of land abutting the above described location of the watermain. and lift station under C-1 above includes all lots and tracts of land abutting the above described location of the sanit'ary sewer. The area proposed to be assessed for the cost of the proposed sanitary sewer under D-1 above includes all lots and tracts of land abutting the above desc6ibed location ofthe sanitary sewer. The area proposed to be assessed for the cost of the proposed sanitary sewer under D-2 above includes all lots and tracts of land abutting the above described location of the sanitary sewer. The area proposed to be assessed for the cost of the proposed sanitary sewer under D-3 above includes all lots and tracts of land abutting the above described location' of the sanitary sewer. The area proposed to be assessed for the cost of the proposed storm sewer under E-1 above includes Lots 5, Part of 6, Part o f 7, Part of 8 (parcellOOO), Part of 8 (parcel11011, 9, 10, 11, 18, 19, 20, 21, 22, 23, Part of 24 (parcel 29251, Part of 25 (parcel 29351, Part of 25 and 26 (parcel 29451, Part of 26, Part of 27,Part of 28, 29 and 41, all in Rolling Green; Lots 46, 47, 48, 49, 50, 41, 52, 53, 54, 59 and 59A, 60 and 60A, a31 inRolling Green Section Two; Lot 1, and 2, Block 1, in Rplat of Lot 30, Rolling Green; Lot 1 in Replat of part of Lot 31, Rolling Green; 'Lots I$ 2, 3,' 4, and 5, Biock 1, in Gunnir ' Johnson's Rearrangement, Rolling Green; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Block 1,- all in 'Gunnar Johnson's Second Rearrangement, Rolling Green; Lot 1, Block 1, Rolling Green, Bush Replat; Lot 1, Block 1, Walling's Addition; Lots 6, 7, and 8, Blockl, Carlson's Park; Lot 1, Block 1, Replat of Part of Lot 6, Rolling Green; Parcel 5600 in the N1/2 of Sec. 29,T.117,R.21. The area proposed to be assessed for the cost of the proposed storm sewer under E-2 above includes all lot's and tracts of land within the following descrided boundaries: "Comencing at the csnter line of France Ave. and W.46th St.; thence S.' along the center line of France Ave. to the center line of W.47th St.; thence W. along the center line of W.47th St. extended to a point- 495' W. of the center line of; France Ave.; thence Nly to a point on the N. line of Lbt 4, Aud. Subd. #319, said point being 100' E. of the N.N.' corner thereof; thence Nly to a point on the most Nly line of Lot' 5, Aud. Subd.#319, said point being 100' NEly from the NOW. corner thereof; thence NWly to the N.W. corner if Lot 6, Aud.Subd.#319; thence NWly to the N.W.' corner of Lot 7, Aud. Subd.8319; Fhence Nly to a point in the N. line of ]Lot 8, kud. Subd.#319, said point being 200' W. of the N.E. corner of said Lot 8; thence E. to the point of beginning." The area proposed to be assessed for the cost of the proposed lateral The area proposed to be assessed for the cost of the proposed lateral The area proposed to be assessed for the cost of the proposed sanitary sewer * , I GRETCHEN Sa ALDEN Village Clerk (B) NOTICE OF PUBLIC HEARINGS ON SANITARY SEWERS, LIFT STATION, WATERMAINS, AND GRADING AND GRAVELLING EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 6, 1964, at 7:OO P.M., to consider the following proposed improvements to be con- structed under the authority granted by Minnesota Statutes 1961, Chapter 429. The approximate cost of said improvements is estimated by the Village as set fisth below: 3/16/64 ESTIMATED COST 7 4'9 A. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTE- NANCES AND LIFT STATION AND APPURTEHANCES IN THE FOLLOWING: 1. West 65th Street from Parnell Ave, to Virginia Ave.; From W.65th St. south 303' on a line parallel to and 152.66' east of the center line of 'Parnell Ave.; Virginia Ave, from W.65th St, to 427' (more or less) north 1 B. CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWERS AND APPURTENANCES IN THE FOLLOWING: 1, Parnell Ave. from W.65th St. to 520' (more or less) 2, West 65th St. from 5' west of the east line of Drew 3, 4. Cleveland Ave, from Division St, to 600' south. C. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING: 1. Parnell Ave. from W,65th St, to 400' (more or less) southo Ave. extended to 340' west, north 860 feet. West line of Devco property Erom proposed W,65th St. south; thence easterly and parallel to W,65th St. a distance of 143' (more or less); thence northerly and parallel to Parnell Ave, to W.65th St.; West 65th St. from Parnell to Virginia Ave.; Virginia Ave. from W,65th St, to 210' (more or less) north of W.64th St.; thence northwesterly along the south Blvd, of the Cross-Town Hwy. service lane to Parnell Ave,; Parnell Ave. from Cross-Town Hwy.service lane to Wo64th St. 2. Woodcrest Drive from Park Place to south line of 3, W.65th St. from Barrie Rd, to France Ave.; 4* Lot 1, Block 2, Shady Pines Addn, Drew Ave. from W.65th St, to 435' south. Highway #169-212 from Gleason Rd, west to east line of Gleason's 1st Addn.; East line of Gleason's 1st Addn. from Hwy.#169-212 to 480' north, which is ~~59th St, extended; W.59th St, from east line of Gleason's 1st Addn, to Walnut Drive ; Walnut Drive from W.59th St. north to Nine Mile Creek CONSTRUCTION OF GRADING AND GRAVELLING IN THE FOLLOWING: 1. Cleveland Ave. from Division St. to Hollywood Rd. B. i $ 23,684.19 . $ 4,853.63 $ 7,486.47 $ 7,669.05 ' $ 8,442.44 $ 22,375.13 $ 14,168.92 $ 24,428.56' $ 29,790.87 $ 10,261.46 The area proposed to be assessed for.the cost of the proposed sanitary sewer and lift station under A-1 above includes Lot 2, Block 1, Hubers Addn.; Lot 2, Block 1, Wal-Don Builder's 1st Addn.; Lot 3 (E1/2), and Lot 5 (E1/2), Block 12, Normandale Addn.; Lots 1 (E1/2), L (W1/2), 2 (E1/2), 2 (W1/2), 3 (E1/2), 3 (W1/2), Block 19', NormandaLe Addn.; Lot 12, Block 11, Normandale Addn. The area proposed to be assessed for the cost of the proposed sanitary sewer under B-1 above includes Lots 1 (E1/2), 2 (E1/2), 3 (E1/2), 4 (E1/2) and 5, Block 18, Normandale Addn. The area proposed to be assessed for the cost of the proposed sanitary sewer under B-2 above includes Lots 2 and 3, Cassin's Outlots. The area proposed to be assessed for the cost of the proposed sanitary sewer under B-3 above includes Lot 1, Block 1, Southdale Acres. The area proposed to be assessed for the cost of the proposed sanitary sewer under B-4 above includes Lots 1 thru 12 incl,, Block 3; Lots 13 thru 24, incl,, Block 4, all in Clevelands Subdivision of Blocks 2, 3, 4, 13, 14 and 15, of Emma Abbott Park, C-1 above includes Lots 7, 8, 9, 10, Replat of Block 9, Normandale Addn.; Lots 1 and 2, Block 1, Hubers Addn,; Lot 2, Block 1, Wal-Don Builder's 1st Addn.; Lots 3 (31/2), 5 (E1/2), Block 12, Normandale Addn.; Lots 1 (E1/2), 2 (E1/2); 3 (E1/2); 4 (E1/2), and 5 (E1/2), Block 18, Normandale Addn; Lots 1 (E1/2), 2 (E1/2), 3 (E1/2), 1 (W1/2), 2 (W1/2, and 3 (W1/2), Block 19 , Normandale Addn. ; Lot 12, Block 11, Normandale Addn, C-3 above includes Lots 5 thru 12 incl., Block 1; and Lots 5 thry 9 incl., Block 2, Minnehaha loods Addn, C-3 above includes Lots 1, 2 and 3, Cassin's Outlots; and Lot 3, Block 4, Southdale Acres. ., The area proposed to be assessed for the cost of the proposed watermain under The area proposed to be assessed for the cost of the proposed watermain under The area proposed to be assessed for the cost of the proposed watermain under - 50 L 3/16/64 )The area proposed to be assessed for the cost of the proposed watermain under Cp4 above includes Lots 1 thru 6 incl., Block 1; Lot 1, Block 2; Lots 1 thru 7 incl., Block 3; all in Walnut Ridge 1st Addn.; Lots 1, 3, 4 and 8, Block 1, Gleason's 1st Addn.; and Parcel#5410, Sec. 31, T1157,R.21. The area proposed to be assessed for the cost ofthe proposed grading and gravelling under B-1 above includes Lots 1 thru 12 incl., Block 3; Lots 13 thru 24 incl., Block 4, all in Clevelands Subdivision of Blocks 2, 3, 4, 13,14 & 15 of Emma Abbott Park. ... - GRETCHEN S. ALDEN Vi'llage Clerk Motion for adoption ofthe Resolution was seconded by fdaclillan, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; and the I BIDS AUTHORIZED FOR APRIL 6, ON PROPOSED DEWEY HILL ROAD IMPROVEMENT. by Council of plans and specifications for the proposed Grading Improvement in Dewey After review Hill Road, and Engineer's advice that bids should be taken as early as possible so that work might be done before Trunk Sewer- Improvement, MacMillan offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED GRADING AND GRAVELING IMPROVENENT AND DIRECTING ADVERTISElENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: set forth- in the following Advertisement for bids form, heretofore'prepare'd by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. - I . 2. The Clerk shall cause to be published twhe in the Edina-Morningside' improvement: ADVERTISEMENT FOR BIDS 1. The plans and specifications for the proposed Grading abd Graveling ImpFovement /Courier and the Construction Bulletin the following notice for bids for said GRADING AND BASE SEALED BIDS MILL BE RECEIVED and opened in the Council Chambers in the Edina Village Hall, 4801 W.SOth St., at 11:OO A.M., Monday, April 6, 1964, and the Edina Village Council will meet at 7:OO P;M., on 14onday, April 6, 1964, to consfder saiil bids, being for the following: Dewey Hill Road between center of Section 8, Township 116, Range 21 and west line' of Section 8, Township 116j Range 21. I CONSTRUCTION OF THE GRADING AND BASE IN THE FOLLONXNG STREET: - percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. GRETCHEN Sa ALDEN Village Clerk 3. Each and a11 of the terms of the foregoing advertisement for adopted as the terms and conditions of award of the contract for said Work must be done as described in plans and specifications on file in the office of the Village Clerk. (by check), which deposit will be refunded upon-return of said plans and specifications, No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payab3.e to the Village Clerk in the amount of at least ten (10) Plans and specifications are available for a deposit of $10.00 bids are hereby improvement. lkenburg, aye; and Bredesen, aye; and th REQUESTS RELATIVE TO ZONING CHANGES TO RECEIVE PUBLIC HEARINGS ON APRIL 6, Mr. Hite directed Council's attention to the Planning Commission's cecommendations of March 4, favorable to the following requests: //(I) (2) Request of H. J, Idayer, 5128 Bedford Avenue, for Variance to permit construction of a dwelling on the South 40 feet of Lot 8, Block 7, Brookside Heights Addn. Petition of Mr. H.14. Schoening, 5700 Blake Road for the rezoning from Open Development District to R-2 MULTIP& RESIDENCE DISTRICT of the South 152 Ft. of Tract A, Registered Land Survey #345 (tract between 5700 and 5708-10 So.Blake Rd.) and asked that Council schedule public hearings on these requests for April 6. was so moved, by motion Rixe, seconded by MacMillan and carried. It 5%. . 3/16/64 AMENDMENT TO FOOD ORDINANCE (NO. 151) ADOPTED. Council discussed Amendment to Village Food Ordinance, advocated by Sanitarian Hensley; and VanValkenburg offere'd the following Ordinance, moving that Council dispense with Second Reading and adopt Ordinance as submitted: i4' ORDINANCE NO. 151A-3 AN ORDINANCE AMENDING ORDINANCE NO. 151A, RELATING TO THE SALE OF FOOD, AND REQUIR- . ING LICENSING OF PERISHABLE FOOD VEHICLES. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. The first section (Definitions) of Ordinance No. 151A of the Village, regulating and requiring licensing of food establishments and food vending machines, is hereby amended by substituting for the definitions of "Home Prepared Food" and Wholesome11 %herein new definitions reading as follows: pared,in a place other than a licensed food establishment or a food establishment exempted from licensing requirements of this ordinance by Section 4 hebeof, ways fit for human food. The following definition is hereby added to said section: port perishable foods as herein.defined within or into the Village for delivery therein. The definition of "Home Prepared Food" means any food which has been processed or pre- Wholesome" means sound, healthful, clean, unadulterated and in all "Perishable food vehicle" means any food vehicle which is used to trans- is hereby deleted $ram said section. Section 2. adding "perishable food vehicle" to the list of types of enterprises therein set forth which require a license. "Perishable food vehicle" shall also be added to the list of enterprises therein whch do not require a food establishment license. There shalPalso be added to said section the following: person in the same business in the Village, he may obtain a fleet license therefor in lieu of a separate license for each vehicle. or revoked, such suspension or revocation shall affect every vehicle licensed thereunder , There shall also be added to said section the following: "When five or more readfly perishable food vehicles are operated by the same person in the same business in the Village, he may obtain a fleet license therefor in lieu of a separate license for each vehicle, is suspended or revoked, such suspension or revocation shall affect every vehicle licensed thereunder." The second section of said ordinance is hereby amended by "When five or more perishable food vehicles are operated by the same If such fleet license is suspended If such fleet license Section 3. There is hereby added to the schedule of license fees set forth in Section 5 of said ordinance the following: "Perishable Food Vehicle: Perishable Food Vehicle, fleet license: $25.00 per annum. Readily Perishable Food Vehicle , fleet license: $25.00 per annum," $5,00 per annu. Section 4, Paragraphs (c) and (d) of Section 7 of said ordinance are hereby amended to read as follows: Posting or Other Service of Inspection Report, shall deliver the inspection report to the licensee or any of his agents or employees on the premises, or he may post it on an inside wall of the food establishment. When so posted, the report shall not be defaced or removed by any person except the Health Officer, hereunder. of the Health Department ment having a report so served which gives notice of one or more violations of this ordinance, shall within the period or periods of time stated in the report remove or correct each violation stated therein. The failure to remove each violation so stated within the required time shall constitute a separate offense hereunder.I1 "(c) The Health Officer Such delivery or pasting shall constitute service of the report Another copy of the inspection report shall be filed with the records "(d) Correction of Violation. Any owner or operator of a food establish- Section 5. ''(g) Coved Corners. All floors hereafter constructed or extensively Paragraph 't'g) of Section 10 of ,said ordinance is hereby amended to read as follows: reconstructed in food-preparation or utensil-washing areas shall be coved at the junction of the floors and walls, at the junction of the floors and the risers of masonry curbs, and at the junction of the floors and equipment placed on the floors Section 6. "(j) Ice, Paragraph (j) of Section 16 of said ordinance is hereby All ice shall be manufactured only from safe water which has amended to read as follows: been obtained from a safe water supply. single service containers, or in utensils which are clean and which have been subjected to bactericidal treatment. Buckets, scoops, and ice containers, unless they are single-service utensils, shall be made of a smooth, impervious material, and designed to facilitate cleaning, They shall be clean at all times. containers shall not be used. If Ice-crusheps are used, they should be easily - Ice shall be handled and transported in Canvas - *-.. . -- .. 3/16/64 52 .. cleanable. tb bactericidal treatment before use and shall be covered when not in use. They shall be maintained in a clean condition and shall be subjected Section 7. "(c) Paragraph (c) of Section 19 of said ordinance is hereby Design. All food-contact susfaces shall be readily accessible amended to read as follows: for cleaning and inspection, either without being disassembled, by disassembling without use of tools, or by easy disassembling with the use of only simple tools such as a mallet, a screwdriver, or an open-end wrench, kept available near the equipment. The food-contact surfaces shall be free of sharp internal-corners or difficult-to-clean crevices. All equipment installed on or after the passage of this ordinance shall comply with Standards 1,2,3,4,5,6,7,8,C-l and C-2 of the National Sanitation Foundation when applicable, which numbered standards are hereby adopted and incorporated by reference. for official copies, shall be kept on file in the office of the Village Clerk for use and examination by the public. shall not be installed until it has beenaapproved by the Health Officer.11 Three copies thereof, marked Equipment not covered by said standards Section 8. Except for Sections 2 and 3 hereof, this ordinance shall be in full force and effect immediately upon its passage and publication. 2 and 3 shall bedome effective on April 1, 1964, Notion for waiver of second reading and for adoption of Ordinance as submitted was seconded by Tupa, and on Rollcall there we MacHillan, aye; Rixe, aye; Tupa, aye; VanValke Secttons * 'Village Clerk PRDINANCE LICENSING MILK HAUERS ADOPTED. This Ordinance, under discussion at /intervals since a challenge to Village's licensing of milk plants not actually located in Edina, was brought once again to Council's attention because ofthe expiration of the license year on April 1. Ordinance, moving that second reading be waived and Ordinance adopted as submitted: VanValkenburg offered the following ORDINANCE NO. 123-1 * AN ORDINANCE ANENDING ORDINANCE NO. 123 I AS TO LICENSING OF MILK PRODUCERS AND HAULERS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: to read as follows: distributors and operators of milk plants required by Section 3 of said unabridged ordinance to secure a permit shall secure a license &om the Village. "permit" in said unabridged form shall be understood to mean a lllicensell. The li- cense fee shall be $100 per annum for a licensee maintaining a plant in the Village, or, for other licensees, $10 per annum for each truck used to deliver milk or milk products in the Village. the operator may obtain a fleet license therefor inlieu of a separate license for each puck. license is suspended or revoked, such suspension or revocation shall affect every vehicle licensed thereunder," Section 2. upon its passage and publication. Motion for waiver of second reading thereof andcadoption of Ordinance as submitted was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: MacHillan, aye; axe, aye; Tupa, aye; VanVaUenbur , Section 1. "Section 2. License Required. All milk producers, milk haulers, milk Section 2 of Ordinance No. 123 of the Village is hereby amended The word When five or more trucks are so used for the same business, The fee for a fleet license shall be $50 per annum. If such fleet This ordinance shall be in full force and effect inmiediately aye; and Bredesen, aye; and the Ordinance was adopted. 77 ORDINANCES AMENDING ORDINANCE LICENSING PLUMBERS, AND ADOPTING ALL SECTIONS OF IUNNEAPOLIS PLUMBING CODE EXCEPT 130,060, ADOPTED BY VILLAGE COUNCIL. on Plumbing--the first to bring licensing requirements, and bonds, into line with other licensing requirements of the Village, and the second to adopt by reference the Minneapolis Plumbing Code, with exception of Section 130.060, were submitted for Council action. These ordinances $ad been recommended by Plumbing Inspector Blumberg, and also advocated by/%gep?wnbers in the interests of uniformity. Hayor Bredesen told Council he disliked the llfeatherbeddingl' clauses in the 14inneapolis plumbing code, Ordinance No. 66A, which reads as follows, and adopt Ordinance as submitted: Two Ordinances VanValkenburg moved that Council dispense wi-th second reading of proposed 3/16/64 ORDINANCE NO. 66A AN ORDINANCE REGULATING THE LICENSING OF PLUMBERS AND PROVIDING A PENALTY: REPEALING i”” ORDINANCE NO. 66 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. License Required for Plumbing Work. on the business of plumbing within the Village or make any connection whatever with the water pipes, water mains, branch sewers, main sewers, main drains or other service pipes of the Village, or make any repairs, additions or alterations of any pipe, tap, stopcock, water closet or any other fixture-connected with or designed to be connected with the water works or sewer system of the Village without first having obtained a license, Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to all licenses required.by this ordinance and to the holders of such licenses . shall contain or have attached thereto, in addition to the information required by said Ordinance No. 20, a written recommendation signed by at least two master plumbers licensed by the state, recommending the applicant as a person regularly educated to the business, of good reputation and thoroughly qualified to carry on the business of a licensed plumber. master plumber under the laws of this state, and he shall, in addition, furnish such other evidence or pass such examination or both as the Council shall from time to time require regarding the experience and qualifications of applicants to engage in said business. Applicants for licenses or renewals of licenses shall file with each application a bond running to the.Village in the penal sum of $2000, which bond shall be conditioned that the applicant shall in all respects well and faithfully perform all things by him undertaken in the making of all connections, repairs or taps of any kind with the water mains or pipes connected with the water works system of the Village, and shall save the Village harmless of and from a11 accidents and damages consequent thereto or by reason of any opening in any street, lane or avenue made by him or by any person in his employ, for the purpose of putting down service pipes cpnnecting with the water works oE the Vil- lage, and that he will restore all streets, lanes and avenues excavated by him to their former good condition, and will keep and maintain said streets, lanes and avenues in good condition, to the satisfaction of the Council for the period of one year next thereafter, and that he will pay all penalties imposed upon him by the Council for the violation of any rule or regulation of the Water Works Department, and shll strictly comply with and do all things required by the ordinances of the Village. conditions as the one above specified, covering his acts in making connections with or repairs on any service pipe connecting with the sewer system of the Village. Such bonds shall be submitted in form corresponding to the forms on file in the office of the Village Clerk. Copies thereof shall be available to all applicants without charge. authorized to act as such under the laws of the State of Minnesota. any bond be required of, any journeyman plumber who is employed only as such. be $50 for the first license and $25 for each renewal license. No person shall carry Sec. 2. License Procedure or Control; Penalties. The provisions of Sec. 3, Application. The application for license or renewal of license The applicant shall hold a license as a Sec. 4, - Bond, The applicant shall also file a like bond in a like amount and upon the same The surety thereon shall be a corporation duly Provided, that the provisions of this section shall not applyto, nor shall Sec. 5, - Fee. The fee for the license required by this ordinance shall Sec. 6. Violations to be Reported. The Plumbing Inspector of the Village shall notify the Village Manager or his deputy of any violation of any of the provisions of any ordinance of the Village touching the duties of plumbers which shall come under his observation. Sec. 7. Penalty.. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or .imprisonment in the Village or county jail for a period of not exceeding 90 days, with costs of prosecution in either case to be added. Such penalty may be imposed in addition to revocation or suspension of license. suspended upon the effective date thereof, . Sec. 8. Repeal, Ordinance No. 66,of the Village is hereby rgpealed and Sec. 9, Effective Date. This ordinance shall be effective immediately upon its passage and publication. Motion for waiver of second reading and adoption of Ordinance No. 66A as submitted, Bredesen, nay; and dinance was adopted. 3/16/64 WA Kd VanValkenburg then offered for adoption proposed Ordinance No. 67A, moving that Council dispense with second reading thereof and adopt said Ordinance, reading as follows: ORDINANCE NO. 67A AN ORDINANCE REGULATING PLUMBING AND GAS FITTING . WORK, ADOPTING THE MINNEAPOLIS . PLWBING CODE BY REFERENCE, AND REPEALING ORDINANCE NO. 67, AS AMENDED THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: by reference the Plumbing Code of the City of Ninneapolis, being Chapters 130 to 132, inclusive, of the Minneapolis Ordinance Code of July 1, 1960, with all amend- ments subsequently made thereto, as the regulations which shall apply in the Vil- lage of Edina for the installation, extension or alteration of all plumbing, except that Section 130.060 of said Code shall not be effective in the Village. therein to the llCityll shall be construed as referring to the Village; all references therein to "Inspector of Buildings" or "Department of Buildings1' shall be construed as referring to the Village's Plumbing Inspector; and all references therein to "Commissioners of Health11 or '"Department of Health" shall be construed as referring to the Village Health 0fficer.or the Village Public Health Sanitarian, either one or both. Section 1. Minneapolis Plumbing Code Adopted.. There is hereby adopted In the application and interpretation of said Code, a11 references Sec. 2. Ninneapolis Plumbing Permit Fees Adopted. There is also hereby adopted by reference Chapter 203 (Plumbing Permit Fees) of said blinneapolis Ordi- nance Code of July 1, 1960, as the schedule of fees for permits for all plumbing work in the Village of Edina for which a permit is required. therein to rrCityll shall be construed as referring to the Village; and all references therein to "Inspector of Buildings" shall be construed as referring to the Village's Plumbing Inspector. is also hereby adopted by reference Chapter 133 (Gas Piping Installation) and Chapter 113 (Gas Burner Installations) of said Winneapolis Ordinance Code of July 1, 1960, with all amendments subsequently made thereto, as the regulations which shall apply in the Village of Edina for the installation of gas piping and burners.. Village; all references therein to "Department of Buildings" or "Inspector of Buildings" or "Plumbing Division of the Department of Buildings" shall be construed as referring to the Plumbing Inspector of the Village; and all references therein to "City Treasurer" shall be construed as referring to the Village Treasurer. Kinneapolis Gas Fitting Permit Fees Adopted. adopted by reference Chapter 204 (Gas Fitting Permit Fees) of said IiIinneapolis Ordi- nance Code of July 1, 1960, with all amendments subsequently made thereto, as the schedule of fees for permits for all gas fitting work in the Village of Edina for which a permit is required. All references Sec. 3. Minneapolis Gas Piping Installation Ordinances Adopted. There All references therein to "City1' shall be construed as referring to the I Sec. 4. There is also hereby All reserences therein to "Inspector of Buildings" .'t shall be construed as referring to the Plumbing Inspector of the Village. Sec. 5. Official Copies on File. Three copies of the ordinances above described, together with three copies of each code or standard referred to in said ordinance; shall be marked as official copies and filed for use and examination by the public in the office of the Village Clerk. shall be effective immediately upon its passage and publication and upon filing of the official copies as provided in section 5 above; provided, that when a per- mit for any work regulated hereby was issued prior to the effective date hereof, and has not since its issuance been revoked for good cause, the work permitted thereby may be completed under the provisions of the ordinances relating thereto in effect on the date of such issuance. repealed and superceded upon the effective date hereof. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the Village or county jail for a.period of not exceeding 90 days, with costs of prosecution in either case to be added. Motion for adoption of Ordinance without. second reading was seconded by MacMillan, Sec. 6. Effective Date: Effect on Outstanding Permits. This ordinance Sec. 7. Repeal. Ordinance No. 6.7 of the Village, as amended, is hereby Sec. 8. Penalty. *. LIFE-TIME BICYCLE LICENSES TO BE SOLD UNDER NEW ORDINANCE. This Ordinance, recommended for passage by Police Chief Wayne Beanett, will eliminate the three-year bicycle license, and substitute therefor a ltlife-timell license, with a fee of $2.00 and license to be valid for as long as the bicycle remains in the family. Council dispense with second reading of Ordinance No. 41A, and adopt said Ordinance as submitted, as follows: VanValkenburg moved that 3/16/64 ORDINANCE NO. 41A AN ORDINANCE FXGULATING OPEMTION AND REQUIRING LICENSING OF BICYCLES, AND PROVIDING A PENALTY FOR VIOLATION ; REPEALING ORDINANCE NO. 41,.AS AMENDED. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, OR~AINS: Section 1. License Required. No person shall ride or use a bicycle upon any public street, highway, or boulevard, such bicycle being owned by a resident of the Village or customarily kept or stored at a place within the Village, unless the same shall be licensed as herein provided. Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, except as herein otherwise provided. Section 3. - Fee, shall be $2.00. Section 4, Expiration Date, Such license shall be valid as long as the bicycle remains the property of the licensee. another resident of the Village, a new license shall be obtained by the gransferee within five days after transfer of ownership.- the licensee a suitable tag, plate, seal or other device which shall be attached to the frame of the licensed bicycle. A registration card shall be issued which shall show the name of the licensee, the name of the manufacturer of the bicycle and its frame number, the type of bicycle, the license number and the date of issue. The Village shall keep the same information by means of a duplicate registration card. The approval of the Village Manager shall not be required for the issuance of any license hereunder, pay over to the Village Treasurer all fees received pursuant to this ordinance. Chief of Police shall have the powers and duties of the Village Ranager or his deputy to enforce the provisions of this ordinance and Ordinance No. 20, with respect to bicycles licensed hereunder and their owners and operators, isfactory evidence of loss of a license plat or registration card issued hereunder, a new license plate or card, or both, shall be issued upon payment of a fee of 75e. No person shall willfully or maliciously remove, destroy, mutilate or alter the frame number of any bicycle licensed hereunder, or any license tag, plate, seal or other device or registration card as long as the licensing of the bicycle hereunder is in effect; provided, that nothing herein shall be deemed to prohibit the Village Clerk or other agent of the Village from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for purposes of identification, has been impounded under the provisions of Section 9 of Ordinance No, 20 shall be surrendered upon payment of the license fee, an impounding fee of 50e and a storage of lo$ for each day of storage after the first 24 hours. one required to be licensed hereunder, no fee shall be paid to the Village. be deemed to be granted subject: to the following conditions: a manner as to interfere with any pedestrian thereon; or sidewalk except in a prudent and careful manner and unless such person shall be capable of efficient control and operation of the bicycle; nor shall any person pro- pelling or operating a bicycle upon a public street, highway, or sidewalk carry or permit to be carried any other person upon such vehicle; shall be operated with reasonable regard to the safety of the operat,or and other persons upon the streets and other public highways; Persons riding bicycles shall observe all traffic signs and stop at all stop signs; No bicycle shall be permitted on any street or other public highway between 30 minutes after sunset and 30 .minutes before sunrise without a headlight visible from the front thereof for not less than 500 feet, indicating the approach or presence of the bicycle, firmly attached to such bicycle and properly lighted nor without a red taillight, or in lieu thereof, a reflector attached to and visible from the rear of such bicycle for a distance of not less than 200 feet; (f) No person under the age of 16 years shall ride or propel such bicycle upon any street,.highway or sidewalk abreast of any other person so riding or pro- pelling a bicycle; and (9) Every person riding OF propelling a bicycle upon any street, highway or sidewalk shall observe all traffic rules and regulations applicable thereto and shall turn only at intersections, signal for a11 tarns, ride at the right-hand side of the street or highway, pass to the left when passing and overtaking vehicles that are slower moving, and pass to the right when meeting. Section 2. License Procedure and Control; Penalties. The provisions of The fee for the license required by this ordinance Whenever ownership is transferred to I Section 5. License Plate and Registration Card. There shall be issued to Section 6. Administration. The Village Clerk shall, at least once a month, The Section 7. Replacement of Lost License or Card. Upon application and sat- Section 8. Destruction of Frame or License. Section 9. Impounding. A bicycle required to be licensed hereunder which If the bicycle is not Section 10, Conditions of license. Every license issued hereunder shall (a) No person shall ride or propel any bicycle upon any sidewalk in such (b) No person shall ride or propel a bicycle upon a public street, highway (c) No bicycle shall be ridden faster than is reasonable and proper, but (d) (e) 3/16/64 Section 11. Application to Unlicensed Vehicles. The conditions and re- gulations prescribed in Section LO above apply to all bicycles operated upon any public street, highway or sidewalk-of this Village whether or not licensed here- under . its usual and accepted meaning, but shall not include any motorcycle or other vehicle to which a license is issued under the laws of the State of Minnesota. Summary Revocation of License. when notified of any violation of this ordinance, summarily order the suspension of a license issued hereunder for a period of time not to exceed 90 days. licensee shall thereupon surrender the license plate and registration card issued under the suspended license to the Village Police Department, to be returned to him after expiration of the period of suspension. guilty of a misdemeanor, and subject to a fine of not.exceeding $100 or imprinson- ment in the Village or County jeil for a period of not exceeding 90-days, with costs of prosecution in either case to be-added. addition to revocation or suspension of license, Section 15. Repeal. hereby repealed and rescinded. Section 16. This ordinance shall be in full force and effect upon its passage and publication in accordance with law. Section 12. Terms Defined. The term "bicycle" as used herein shall have "i" ' Section 13. The Chief of Police may, The Section 14. Penalty. Any person violating this ordinance shall be Such penalty may be imposed, in Ordinance No. 41 of the Village, as amended, is Motion for waiver of second reading and adoption of Ordinance No. 4lA as submitted was-seconded by Rixe, and on Rollcall there were Maclqillan, aye; Rixe, aye; Tupa, aye; VanValkenb the Ordinance was adopted. WALTER ROBILLLARI), 6112 RIDGENAY ROAD, APPOINTED AS MEMBER OF PARK BOARD, Bredesen's appointment of bbm Walter Robilliard, 6112 Ridgeway Road, as member of Park Board for three-year term expiring December 31, 1966, was confirmed by Mayor - unanimous vote of Council. VILLAGE MANAGER TERMS EDINA' S MUNICIPAL LIQUOR STORELDEERBTION "BASICALLY A RELATIVELY GOING CONCERN1*. 31, 1963; Comparative Statement of Income and Expense, Twelve msnths ended December 31 1963, and December 31, 1962; and Comparative Operating Expenses statement for year 1963, showing comparison of expenses in W.50th St. and Southdale Stores. Reports showed that at December 31, 1963 the Liquor Dispensary Fund had assets of $530,260.95, liabilities of $19,030.02, and Total Surplus of $511,230.93; that Net Sales increased from a Total for both stores of $1,432,307.36 in 1962 to a Total of $1,480,951.19 in 1963 (Nr.Dalen's estimate having been $1,500,000); and that Net Income increased from $253,372.47 to $262,258.90. Manager that Liquor Store Operation in Edina is llbasically a relatively going concern". llCOOPERATIVE FORESTER1' PROPOSAL APPROVED BY COUNCIL ON YEAR'S TRIAL. Presenting to the Council a proposal for a "cooperative Forester" to serve Bloomington, Richfield, St.Louis Park and Edina at total cost of $10,00O--which cost would be divided equally among the four municipalities, Mr. Hyde told Council he feels it is worth $2,500 to Edina to have the services of someone who is qualified in Forestry, in view of the inroads Dutch Elm Disease is making in klinnesota now. He said the plan is for this forester to spend one day each week in each of the participating communities, and on the fifth day showing community personnel what needed to be done; that training in dutch elm disease will be regular part of program. 1963. remain a cooperative one if it is so approved, and not be extended to full-time Edina position. relative to the "cooperative forester" be accepted and that this arrangement be tried for one year, was seconded by Tupa and carried. COUNCIL ASKS ADDITIONAL TEN PERCENT FROM MORNINGSIDE FOR PUBLIC SAFETY SERVICES. Petition of the Village of Morningside for a combined Police-and-Fire Contract to commence on October 28, 1964, whereby Edina will supply to Morningside both police and fire service at a rate calculated by applying the police and fire department expendigures to the combined Edina-lilorningside valuation,lwhich would mean a payment by Norningside to Edina of approximately $14,000, was reviewed by Council and discussed; this being one method suggested by Manager Hyde to Morningside, for computing costs of the service. Manager Hyde had noted in his letter to Norningside that administrative costs have not been allocated in the expenses; and Mayor Bredesen suggested that an additional ten percent be added to Morningside's cost to provide for its share of administrative cost. Mr. Hyde infomed Council that agreeing to serve Nanager Hyde presented to the Council Balance Sheet as at December I Council agreed with He added the cost to Edina will be some $1,700 for the balance of Some discussion was had, Mayor Bredesen advocating that this position VanValkenburg's motion, that Manager Hyde's recommendation I. c 3/16/64 Morningside will not change Edina's fire insurance rates (Class 6); that he is still investigating the possibility of having Fire Pension Fund receive the 2% Fire Insurance Premium from Morningside. to inform Village of Momkingside that Council will consider contract for Police and Fire Service on the basis for which they petitioned, plus an additional ten percent for administrative costs. Council directed Manager Hyde COUNCIL DISAPPROVES "MUNICIPAL PERSONNEL SURVEY" AS PROPOSED BY STANTON- PITTELKOW AND ASSOCIATES. Manager Hyde presented to the Council the proposal for a "Municipal Personnel Suevey", at $550 annually; this being a survey of salaries, fringe benefits, and personnel policies of municipalities in the metropolitan area.' amount of staff time and effort now used to obtain minimum data, and provide greater detail from more municipalities than is available under present methods. Some discussion was had, and fixe moved that proposal be rejected. seconded by Tupa and carried, Proponents state such service would eliminate a sizable Motion MANAGER HYDE AUTHORIZED TO PARTICIPATE IN SEMI'NAR OF MUNICIPAL-SCHOOL RELATIONSHIPS AT UNIVERSITY OF KANSAS,. MAY 14 TO 16. to participate in seminar at the University of Kansas, Lawrence, Kansas, May 14 Mr. Hyde told Council he has been invited to 16, on "Municipal-School Relationships", authorized to participate in seminar, and that transportation, room and board expenses be allowed therefor, Consensus was that Mr, Hyde be VILLAGE HALL IMPROVEMENTS AUTHORIZED: ESTIMATED COST, '$2,200: A'DDITIONAL REPORT ASKED ON LABORATORY FOR SANITARIAN, recommendation for improvements to the Village-plastering walls and ceiling in the basement area previously occupied by the Sanitarian and Park Department storage; plastering walls of back Police Department office; &ile floor, and extend wood and screen partition in old Park department storage-Sanitarian area; tile ceiling of back Police office; plaster all unfinished wall areas in basement, to include Park office, hallway and lunchroom, and tile lunchroom floor- which, he told Council, should cost some $2,200. Henskey has moved his office upstairs, but that his laboratory will have to be located , now, in the new Village Garage, and that minimum laboratory equipment in the Village Garage would come to an additional $2,200 or thereabouts, Hyde added that some interest has been evidenced by other communities in purchasing some laboratory equipment for joint usage. Council, and MacMillan moved that the proposed Village Hall Improvements be authorized and that Manager Hyde come back with additional information relative to laboratory equipment for Mr, Hensley. Manager Hyde presented to Council a 23 XI 0 .ell L2 u He added that Sanitarian Mr. Some little discussion was had by I4otion seconded by Tupa and carried. CLAIMS PAID. Tupa's motion, for payment of Claim No. 251471,;From General Fund to Texaco, Inc. for Gasoline, amount $1,384.09, and for payment of the following Claims as per Pre-List dated March 16: Fund, $2,025.00; Park, Park Const. E Golf Course Fund, $30,662.37; Waterworks Fund, $11,704.69; Liquor Fund, $44,088.72; Sewer Rental Fund, $9.68; Improvement Funds, $1,588.60; and Poor and PiR Funds, $103,20--TOTAL, $128,718.38, was seconded by Rixe and carried. General Fund, $38,536.12; Construction TREASURER'S REPORT AS AT JANUARY 31, 1964, Was submitted, reviewed, and ordered placed on file, FiRST EDINA NATIONAL BANK'S REQUEST TO REDUCE COLLATERAL TO $200,000 HONORED. Clerk reported request of First Edina National Bank for release of U.S.A. Treasury 4-3/4% Series A. Note due May 15, 1964, thusoeducing pledged collateral to $200,000. $200,000 on deposit with the bank in the near future, and recommended release of $500,000 collateral, National Bank be reduced by $500,000, was seconded by Tupa and carried, Meeting's agenda's having been covered, Rixe moved for a'djournmentJ Motion seconded by VanValkenburg and carried. Mr. Dalen reported he believes the Village 'will not have more than Rixe's motion, that collateral p1edged by First Edina to Monday, March 30, at 7:OO P.M. Adjournment at ll:45 P,M. Village Clerk .- .I -