Loading...
HomeMy WebLinkAbout19651004_regular, 9/20/65 / PURCHASE OF PARK 'DRINKING FOUNTAINS APPROVED BY COUNCIL., Mr. Dalen explained that the Village Council had authority to authorize purchase orders up to'$2,000 and that drinking fountains requested by the Park Board would not come over that -amount. MacMillan's motion approving purchase of water fountains to be installed in various parks was seconded by Tupa and unanimously carried. DR. K. PAUL CARSON APPOINTMENT AS SCHOOL BOARD REPRESENTATIVE TO PARK BOARD, was announced by Mayor Pro Tem VanValkenburg. CLAJMS PAID, Tupa moved for payment of the following Claims as per Pre-List dated September 20, 1965, as follows: Parks, Park Construction, Swim Pool and Golf Course, $60,283.92; Water Fund, $7,488.68; Liquor Fund, $56,535.21; Sewer Rental Fund, $779.82; Improvement Fund, $35,000.00. Motion seconded by MacMillan and carried. The evening's agenda having been covered, Tupa moved for adjournment. by MacMillan and carried, General Fund, $26,115.57; Construction Fund, $283,201.77; Motion seconded Adjournment at 8:45 P.M. Village Clerk MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD iiONDAY, OCTOBER 4, 1965, EDXNA VLLLAGE HALL ROLLCALL was answered by members MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. MIIJUTES of the Regular Meeting of September 7 were approved as amended by motion of VanValkenburg, seconded by Rixe and carried. VanValkenburg's amendment was that the following comments be added to Page 195 of this Minutes Book relative to the Special Assessment for Storm Sewer No. 84: Other comments and explanations were given by Messrs. Hyde, Bredesen and VanValkenburg, is of the opinion that a storm sewer does create a benefit to all properties in the drainage district, (23 sanitary ponding areas, (3) elimination of flash floods, (4) maintenance of streets, (5) physical, improvement to area, (6) elimination of stagnant ponds which are hazardous to children and to the health of the area, (7) safety, (8) storage, and (9) others, All areas of the Village are or will be in one or another storm sewer district before the system is complete, It would be grossky unfair to assess some areas and to pay for other areas from the general fund. fairly apportion these costs between areas A, B, C and D and this explains the different assessment costs, in effect over thirty years and it would be unfair to change it now; that this was different than a rural drainage ditch because an urban development (houses, garages, yards, streets) does change the natural drainage, a study would show that there would be no real difference in overall taxes paid if storm sewers had been paid from general funds OP on the present basis, Normandale Park, on WarrenAvenue from the 6400 block to k?. 66th Street, which is approximately one block from Mr. Jacob's property was developed without special assessment and adds to the value of nearby properties. this park and eliminates flash flooding and the necessity of pumping, the cost of which would reflect on the General Tax. street maintenance, which would also reflect on the General Tax, would be substantially increased, It was pointed out to Mr, Jacobs and the audience that the Village Some of these benefits as explained, are (1) orderly runoff of water, An attempt has beenimade in this instance to It was mentioned that the system of assessing had been Mr, Hyde stated that he was sure Stomn Sewer #84 allows better drainage of Without adequate stom sewers, the cost of Minutes of September 20 were approved as read by motion VanValkenburg, seconded by Tupa and carried, , 10/4/65 ORDINANCE NO, 261-117 ADOPTED. Morningside Courier on August 26 and of Posting on August 24 were presented by the Affidavits of Notice of Publication in the Edina- Clerk, which notices were approved as to form and ordered placed on file. explained that this ordinance amends the Zoning Ordinance as to the minimum building area in the Planned Industrial District. inasmuch as they feel that there would be no adverse affect as far as the Village is concerned,. VanValkenburg then offered Second Reading for Ordinance No. 261-317 and moved its adoption: kSr. Hite .Planning Commission has recommended approval ORDINANCE NO, 261-117 AN ORDINANCE AEGNDING THE ZONING ORDINANCE OF THE VILLAGE" OF EDINA AS TO THE MINIMUM .BUILDING AREA IN THE PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsubparagraph (2) of subparagraph (b) of paragraph 6 of Section 12 (Planned Industrial District) of the Zoning Ordinance (No. 261) of the Village as amended, is hereby further amended to read as follows: (not including basements) of not less than 10,000 square feet when designed for a single tenant nor less than 15,000 square feet when designed for multi-tenants.ll "(2) Building Area. Each individual building shall have a gross floor area Sec, 2. This ordinance shall be in effect upon its passage and publication. Motion for adoption of the Ordinance was seconde and on RolAcall all voted GENERAL MOTORS CORPORATION SIGN VARIANCE APPROVED AS TO SQUARE FEET BUT DENIED AS TO HEIGHT REQUEST. for a variance for a sign to be erected on the General Motors Corporation property in the Edina Interchange Center, 80 square feet in area and no taller than the height of the building, Based on the size ofthe General Motors Building, Planning Commission recommends approval of the sign area variance to 120 square feet, but does not recommend approval of the height variance , Mr. James Bodger, representing Naegle Outdoor Advertising Company stated that this sign is one of uniform size for all General Motors signs throughout the country, and it was felt that the increased height would provide greater visibility for the building from Highway 100. comparable to Howard Johnson and Bridgeman Restaurant signs which are nearby in . Bloomington, identification rather than for advertising and would possibly set a precedent 3,or additional requests. rather than independent buildings, proven any hardship with respect to height, fixe moved that an area variance be approved to 120 square feet but that the height variance be denied, Motion was seconded by VanValkenburg and unanimously carried, REVERSE FRONTAGE APPROVED FOR 4800 OXFORD AVENUE. Glad E Niller Construction Company to erect a residence facing the Long frontage of Lot 1, Block 1, Beverly Hills Addition, on the northwest corner of Hollywood and Oxford Avenues. it would be difficult to maintain a sideyard between this building and the building to the west, north stating that he had no objection to the variance. VanValkenburg's motion for approval of the Variance as recommended by Planning Commission was seconded by Tupa and unanimously carried , Mr, Fredlund presented a request by Naegle Outdoor Sign Company Present requirements limit signs to no larger than Mr, Bodger also stated that this sign would be Mr. Fredlund pointed out that the major purpose of the sign is for He further stated that the identification is with the area Stating that he felt the applicant had not Mr, Fredlund presented request of Mr. Fredlund stated that because of a steep grade on the property Planning Commission had received a letter from the neighbor to the COUNTRY CLUB. SIDEWALK CONTRACT AWARDED. been received in response to advertisement in the Edina-14orningside Courier and the Construction Bulletin on September 16 and 23 for Country Club Area Sidewalk Replacement Improvement NO. S-5 as follows: Victor Carlson E Sons, Inc,, was second low bidder at $38,995,00 and Arnold Beckman was high at $41,385.00. Engineer's estimate was $42,050,00. VanValkenburg's motion awarding contract to recommended low bidder, General Structures, Inca, was seconded by Rixe. Structures, Inc, companies and as0 asked if Edina uses the same specifications as the City of Minneapolis, with the introduction of oil to prevent spalling. Mr. Hite stated that General Structures, Inc., have done work for the Village as sub-contractors and that their work was satisfactory. the addition of air to the concrete and by treating it after it is placed with oil .and that both measures are in the specifications for this job, All voted aye, and the motion was carried. Manager Hyde reported that three bids had General Structures, IAC. # was low bidder at $35,580.00; Before vote was taken, Trustee Tupa questioned the fact that General is not on the Hinneapolis list of bonded sidewalk construction He further stated that spalling is controlled both by 10 /4/ 6 5 f 225 SUMMIT AVENUE STREET VACATION HEARING DATE SET. vacation of Summit Avenue from Highway No. 169 to the South line of Lot 20, Block 3, Grandview Heights , seconded by MacMillan and unanimously carried. Mr. Hite presented petition for VanValkenburg’s motion, setting Hearing for October 18, was STORM SEWER IMPROVEMENT NO. 80 ASSESSMENT ADJUSTMENT DENIED. Mr. Hite informed Council that this requested adjustment for Lot 5, Rolling Green, for Storm Sewer Improvement No, 80 was continued from the meeting of September 20. that request for adjustment had been made on the basis that Improvement Hearing estimate had been given on a per lot basis of $250 per lot, whereas the property was assessed at the Assessment Hearing on a square foot basis at $0.008973 per square foot, which amounted to $1,364.79. Nr. Hite stated that he had informed Mr, Samuel Thorpe that a reduction in this assessment would mean that the whole project would have to be reassessed. assessment is relatively low and if this boundary is changed, part of Lot 5 might end up in another district at a Later date in which the cost would be apt to be higher. reassessments only when directed by a Court OP when the Village Attorney advises that there is a substantial doufit as to the validity of the original assessment. He stated that the basis of assessment can be change’d legally from the Improvement Hearing to the Assessment Hearing. appeal period has expired and that in his opinion, Council has no further authority to reassess the project. Mr. Thorpe stated that Mr. Andrus had been out of town and unable to appear at the Assessment Hearing. foot method is the basis on which all storm sewers are levied and that the assessment was not excessive, and upon advise of Counsel that thevillage Council has no alternative but to confirm this assessment, VanValkenburg moved that the appeal be denied. was seconded by Tupa and unanimously carriid. He reiterated He further stated that the rate of Attorney Whitlock informed Council that Statute provides for cases of Mr. Whitlock also advised that the twenty day In view of the facts that square Motion COST SHARING AGREEMENT FOR STORM SEWER CORRECTION AT CROSSTOWN AND HIGHWAY 100 CLOVE.J&EAF- APPROVED. on the rorthwest quadrant of the Crosstown and Highway 100 Cloverleaf. A solution has been presented which would cost an estimated $24,000 and it has been suggested to the Minnesota State Highway Department that due to inadequacies in their existing storm sewer system, they should pay approximately 85% and the Village would assume the other 15% for work that is directly involved with its own storm sewer system. Mr. Hite stated that the State had tentatively accepted that cost distribution and he requested a resolution asking that the cost sharing agreement be drafted. Tupa then offered the following Resolution and moved its adoption: RESOLUTION REQUESTING COST SHARING AGREEMENT FOR CORRECTION OF STORM SEWER AT CROSSTOWN AND HIGHWAY 100 CLOVERLEAF Mr. Hite advised Council of a problem with the storm sewer WHEREAS a stovm sewer problem exists on the northwest quadrant of the Crosstown WHEXGAS a solution has been presented which would cost an estimated $24*000, WHEREAS the Minnesota State Highway Department has tentatively accepted a cost and Highway LOO Cloverleaf, and and, distribution agreement with the Village of Edina whereby the Minnesota State Highway Department will pay 85% of the cost of the stom sewer correction and the Village of Edina will pay 15% of the cost, NOW, THEREFORE, BE IT RESOLVED’by the Village Council of the Village of Edina that the State of Minnesota Highway Department be directed to draft a cost sharing agreement to be executed between the two parties. Motion for adoption of the Resolution was sec aye and the Resolution was adopted. ATTEST : by Rhe and on Rollcall all voted SANITARY SEWER NO. 226 ASSESSMENT HEARING CONTINUED TO OCTOBER 18. Mr. Hite informed Council that assessment of Sanitary Sewer Improvement No. 226 had been continued from September 7 at the request of the Gillage because of the fact that one of the property owners, Robert W. Carlson, 4904 Merilane had presented a Declaration of Non-division of Property, than three, connections would be necessary. sanitary sewer has been separated from the cost of the blacktop %placement which would still be spread three ways. requested that the Hearing be continued for two weeks in order that he has an opportunity to obtain advice of counsel so that he can be better advised as to his rights. VanValkenburg’s motion that the Hearing be continued two weeks was seconded by Tupa and unanimously carried. Under these circumstances, a reassessment on the basis of two, rather Hr. Ernest Bdgaard, 4912 Rolling Green--P&rkway, I4r. Hite also stated that the cost of the ,,SANITARY SEWER NO. 218 ASSESSENT APPROVED. Mr. Hite reminded Council that at the meeting of September 7 on Sanitary Sewer Improvement Nor 218, the Council had suggested that some of the lots which were not provided with lateral sanitary sewer service, but which were, nevertheless adjacent to the new blacktop , at least be assessed for their fair share of the blacktop construction. Lots 3 and 4, Carlson's Park, and Lot 36, Rolling Green, at the rate of $603.47 €or the street improvement. Consequently, it is now proposed to assess The inclusion of these lots in the assessment Seduces the Lateral San5C:Bry Sewer 218 assessment rate from $2,684.08 per lot to $2,617.01. SmZilg SEFJER NO. 135 SUIT ANNOUNCED. Hyde reported that the Village has been served eith papers relative to a'suit on the Re-assessment of Sanitary Sewer No. 135. matter has been referred to the attorney. This "* I?. 67TH STREET VACATION TO BE RE-HEARD. Mr. Hyde announced that because of an error- in the publication relative to the vacation of a po-k.tion of W. 67th Street, it will be necessah to repeat the entire vacation procedure. Hearhg be held on October 18 was seconded by fixe and carried. VanValkenburg's motion that the HEARING DATE SET FOR OCTOBER 18 FOR SPECIAL ASSESSMENTS. Assessment Hearings be formally scheduled for October 18. Clerk reported that , upon completion of Special Assessment for several improvement projects, Notice of Hearing had been published in the Edina-Morningside Courier, in order that statute on publication might be met and hearings held on October 18. VanValkenburg offeredthe following Resolution and moved its adoption: Manager Hyde asked that RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS: STREET OILLNG FOR 1965 STEET IblPROVEHE3iTS NOS. B-76 AND S-3' 4 IMPROVEMENT NO. 765 BE IT RESOLVED by the Council of the Village of Edina as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth innNotice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, pieces and parcels of land within the distrPcts affected by said improvements, and said proposed assessments having been filed with theclerk, the same are hereby approved, and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. Hearing forms hereinafter contained, to pass upon said proposed assessments ; and the ' Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved; Notices being as follows: 2; This Council shall meet at the time and place specified in the Notice of NOTICE OF ASSESSWNT HEARING ON STREET OILING FOR 1965 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on lionday, October 18, * 1965, at 7:OO o'clock P.14. to hear and pass upon all objections, if any, to the proposed assessment for the following improvementb, This assessment is now on file in the office of the Village Clerk and open to public inspection. STREET OLLING FOR 1965 - - The area proposedto be assessed forthe cost of the above improvement includes all lots and tracts of land abutting the following streets: Arbour Avenue from Grove Street south to dead end Arthur Street from Maloney Avenue to Waterman Avenue Belmore Lane from Washington Avenue (Co. Rd. #18) to Griffit Street, and Belmore Lane from Blake Road to John Street Benton Avenue from Dale Avenule to Code Avenue Cherokee Trail in Cherokee Hills 4th Addition Dale Avenue from West 56th Street to West 57th Street Grove Smeet from Johnson Drive to Tracy Avenue Harrison Avenue from Belmore Lane to North Village Limits John Street from bl.oney Avenue to North Cul-de-sac, and John Street from Maloney Avenue to South CuL-de-sac Josephine Avenue from Nest 64th Street to West 65th Street Kaymar. Drive Maloney Avenue from Blake Road to lnterlachen Country Club Mildred Avenue from \?est 63rd Street to Best 64th Street Monroe Avenue from Naloney Avenue to North Village Limits Sherwood Avenue from West 65th Street to West 66th Street Tingdale Avenue from West 63rd Street to Vest 64th Street Tingdale Avenue from West 65th' Street to West 66th Street VanBuren Avenue from Idaloney Avenue to Belmore Lane Virginia Avenue from Hest 60th Street to Valley View Road Warden Avenue from Johnson Drive to Tracy Avenue Ifateman Avenue from Arthur Street to klaterman Circle Waterman Circle Wilryan Avenue from West 64th Street to Nest 65th Stre'et West 58th Street from Tingdale Avenue to Code Avenue West 59th Street from Wooddale Avenue to Oaklawn Avenue West 62nd Street from EWing Avenue to Beard Avenue West 65th Street from Sherwood Avenue to Hihgway No. 100 West 66th Street from Tingdale Avenue to Wilryan Avenue 10/4/65 Assessments for the above improvement will be payable in one year with the taxes for the year L965 collectible in 1966 with interest on the entire assessment at the rate of 5% per annum, The owner of any property assessed for the above improvement may pay the whole of the assessment without interest to the Village Treasurer on or b-efore - 1965,- or make payment with accrued interest to the County TGer. BY ORDER OF THE VILLAGE COUNCIL. Florence B, Hallberg Village Clerk NOTICE OF ASSESSMENT HEARING ON STREET IMPROVEMENT NO, B-76 STGET I;IYZPROVEMEXT NO, S-3 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, October 18, 1965, at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the following improvements, file in the office of the Village Clerk and open to public inspection, These assessments are now on STREET., I,HPROVEIVIENT- NO B- 76 6 Construction of Concrece Curb E Gutter in Concord Avenue from Concord Terrace to SchooL Road (West side only) The parcels of land proposed to be assessed for the cost of the above improvement Se c. , 19 ,. Twp., . Parcels No, 4910, 5000, 5200 and 5600 are as follows: STREET IMPROVEMEI~T- NO-. s-3 Construction of te sidewalk in Concord Avenue from Southview Lane to School Road (West side only) The parcels of land proposed to be assessed for the cost of the above improvement are as follows: Sec,., 19., Tx,. 28., R1 24 Parcels No. 4910, 5000, 5200, 5310, 5320 and 5600 Assessments for the above improvements will be payable in five equal consecutive annual installments over a period of five years, with first year payable with the taxes for the year 1965 collectible in 1966, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1966, To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. of the assessment without interest to the Village Treasurer on or before December 15, - 1965, or make payment with accrued interest i$o the County Tr- BY ORDER OF THE VILLAGE COUNCIL. The owner of any property assessed for the above improvements may pay the whoLe Florence B b Hallberg Village Clerk NOTICE OF ASSESSPIENT HEARliNG ON IMPROVEMENT NO, 765 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, October 18, 1965, at 7:OO o'clock PrMr, to hear and pass upon all objections, if any, to the proposed assessment for the following improvement, in the office of the Village Clerk and open to public inspection, This assessment is now on file - - - IHPROV&MENT2 NO 765 Removal of dwelling structure, filling of basement excavation and filling of pond area in rear of lot at 5820 St. Johns Avenuer The parcel of land proposed to be assessed for the above improvement is Lot 6, Assessments for the above improvement will be payable in five equal consecutive Block 7, Fairfax Addition, annual installments over a period of five years, with first year payable with the taxes for the year 1965 collectible in 1966, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying $he assessment to December 31, 1966, To each subsequent installment will be added interest at the same rate for one year on all unpaid installments, interest to the Village Treasurer on or before December 15, 1965, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg VanValkenburg's motion for adoption of the Reso Rollcall all voted aye and the Resolution was ATTEST : The owner of the above property may pay the whole of the assessment without Village Clerk was seconded by Rixe and on 10/4/65 DECLARATION OF NON-DIVISIOH OF PROPERTY FOR 6776 VALLEY VIEtI ROAD CONTINUED TO NEXT 1.EETING. of Non-Division of Property of Mr. Jerome C, Briggs, 6776 Valley View Road. stated that 14r. Briggs' property at the corner of Rosemary Lane and Valley View Road was serviced by a privately financed watermain insealled by the developer on Rosemary Lane. In 1963, the Village installed a watermain in Valley View Road, and because the Wt is of adequate size for two houses, another connection was installed and assessed against the property. At the Assessment Hearing on September 21, 1964, Council approved the . defement of the Valley View Road watermain assessment on the condition that Nr. Briggs would file a Declaration agreeing to not subdivide his property. The blinutes of that meeting are not clear on whether the condition of the deferment of the assessment was that Mr. Briggs agree not to subdivide his property for ten years, the life of the assessment, or whether the agreement was that if he subdivided within the ten year period he then pay the assessment. which binds his heirs &om subdividing the property for ten years. explained that there is a tendency of some people to say that they are not going to subdivide in order to get extra time to pay the assessment and that this practice is being misused. He further stated that the assessment has already been levied and if it is never paid, thevillage would have to absorb the cost. that he f-els that this problem is more individual. than some others because Hr. Briggs already has two water sources that have been paid'for. the matter be continued for two weeks so that Council can examine and clarify the policy with respect to the circumstances, if any, under which it may defer the collection of one or more assessments made against an oversized lot or parcel of land. Mactlillan's motion to defer the matter to the October 18 meeting was seconded by Tupa and unanimousLy carried I4r. Whitlock reviewed for Council the facts relative to the proposed Declaration b?. Whitlock I Mr. Briggs stated that he cannot sign a Declaration Mr, Whitlock tdayor Bredesen stated VanValkenburg suggestedthat W'FRAHCE AVNUE GRADE APPROVED FROM 72ND STREET TO VILLAGE LIUTS. 14r. Hite stated that after talking with property owners involved, it is felt that the cost of right-of-way crequired to build the road at proposed low elevation, rather than at the existing elevation, was within the original County engineering estimates and that consequently the Village should approve this design, The proposed cost sharing on right-of-way with the County Highway Department is fifty-fifty which would make the Village's share approximately $125,O0Ob as well as state aid funds. Mr. John Hedberg of Hedberg E Sons, 7557 France Ave. So., stated that although his company would be inconvenienced during construction, he feels that the proposed low elevation will be best from the-long range point of view and nf@d.ltha% ithis low elevation be approved, stated that he would have to bring the matter to the County Board, but that there was some indication that they would approve the low elevation proposal. Mr. Peterson's statement that gravel not needed for the project or moved onto the Hedberg property would be purchased over and above the right-of-way cost. motion approving the low elevation profile for France AVeb between k7. 72nd Street and the Village limits and so advising the County Board was seconded by Rixe and UnanimousLy carried. These costs would be of€set by assessments against the properties Mr. L, P . Peterson, County Highway Engineer, i4r. Hite confirmed VanEtlkenburg's AXTHUR H, DICKEY APPOINTED ARCHITECT FOR LIBRARY BUILDING. Mr. Hyde announced appointment of Amhur H. Dickey as architect for the proposed library building* that he will meet with the Edina Chamber of Commerce to consider three estimates forthe parking and traffic survey which is anticiaptedto cost between $3,000 and $3,500. Hr, Hyde reported that negotiations had been instigated relative to the purchase of the Lockwood property to the west of the present library site, but that it had not yet been determined whether or not this property is needed. reported that it is hoped that construction will berstarted in March or April and that the building will be finished by Christmas, 1966. ' Mr. Hite reported He further JOHATJ,.OTTERLIE PURCHASE AGREEMENT AMENDED. requesled permission to start building on Lot 7 and part of Lots 5 and 6, Block 1, 14rr Hyde stated that Johan Otterlie has Edenmoor Addition, before he has compieted paying fb; the property, as was stated-in the purchase agreement. approved by motion of VanValkenburg, seconded by Rixe and unanLmously carried. Amendment to the agreement to comply with this request was -. I HENRY OLT@NNS' CLAIH FOR WATER DAMAGE CONTINUED TO OCTOBER 18 MEETING, 5717 Brook Drive, stated that damages in the amount of $355 have been done to his basement Mr. Henry Oltmanns - parquet floor because of drainage from the park at 69th and McGuire. pictures to Council which he had taken during the spring thaw. has been filed although he has spoken to Mr. Hite and the Park Department about the matter. by the Village to alleviate drainage from the pmk into his rear yard. in March and April, 1965, he advised the Park Department that the drain in the park was not open and that his yard was being flooded. cut a ditch from his property to the park'which only worsened the situation he said and caused flooding to his basement. Mr. Oltmanns staked that the condition could be worse next year because the drain pipe has been lengthened so that he can no longer clean out the drain, the park drain was never intended to drain his property. is scheduled for ltlovember 1 which will provide drainage for this low area. that he would like an opportunity to study the situation and that a recommendation would be made at the next Council Iileeting. He presented No previous written claim Mr. Oltmanns stated that in July, 1964, he had requested that measures be taken He stated that In response to his calls, Village crews Mr, Bite stated that the OLtmanns property is Lower than the park and that He further stated that a hearing Mr. Hyde stated I 10/4/65 SUBURBAN RELIEF ASSOCIATION FOOD STAMP PLAN CONSIDERED. Relief Association had requested a poll of the Council relative t6*';ts '-' degire'to participate in the Federal Food Stamp Plan, Mayor Bredesen suggested that by not approving the plan, we would be denying the plan to sixteen people, but that he would like to know more about the cost and administrative procedures before arriving at a decision, Council will discuss this matter by telephone in order to reach a decision before the4next meeting. ORDINANCE NO, 149-2 PRESENTED FOR FIRST READING. Mr. Hyde presented Ordinance No, 149-2 for First Reading, following request at September 20 Meeting for clarification by the Village Attorney. change the meaning of "enforcing officer". questioned by Mayor Bredesen concerning the matter of necessary notice and the hours during which inspections might be made. regarding forced entry of a premise, he was informed that if the enforcing officer was refused entrance, he could not legally enter without a search warrant being issued through regular court channels. proposed at the meeting of September 20, as follows: Mr. Hyde 'skated th'at Suburban Mr, Hyde stated that the prirnapy purpose of this amendment is to Section 4 of the revised ordinance was In reply to Trustee MacMillan's reservations Tupa then offered Ordinance No. L49-2, as originally ORDINANCE NO. 149-2 AN ORDINANCE AMENDING ORDINANCE NO, 149 (PUBLIC HEALTH HOUSING CODE) , PROVIDING FOR ITS ENFORCEMENT BY THE PUBLIC HEALTH SANXTARIAN THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: (Public Health Housing Code) of the Village, as amended: Public Health Sanitarian or his deputy." Section 1. "'Enforcing Officer' means the Health Officer of the Village or his deputy, or the The following definition is added to Section 3 of Ordinance No, 149 Sec. 2. Section 4 of said ordinance is hereby amended to read as follows: "Sec. 4. Inspection. For the purpose of determining compliance with the provisions of this article, the Enforcing Officer is hereby authorized and directed to make inspections to determine the condition, use and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. making such inspections, the Enforcing Officer is hereby authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times, The owner, operator and occupant o€ every dwelling, dwelling unit, and rooming unit shaLL give the Enforcing Officer free access to such dwelling, dwelling unit or rooming unit and its premises for the purpose of such inspection, examination, and surveyI the owner thereof, or his agent or employee, access to any part of such dwelling or its premises, at a11 reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this ordinance , l1 are hereby amended to read as follows: is applicable, whenever the Enforcing Officer determines that there has been a violatiop of any one or more provisions of this ordinance he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor, as enumerated in (4) below. Such notice shall: For the purpose of Every occupant of a dwelling shall give Sec. 3, Paragraphs (a) and (c) of Section 5 of said ordinance, as amended; Except in those instances' to which Section 12 hereof "(a) Notice of Violation. (1) be in writing, (2) (3) (4) partidularize the violation or violations alleged to exist or to have been provide a reasonable time, but not less than LO days in any event, €or the be addroessed to and served upon the owner of the property, the operator of committed; correction of the violation or violations particularized; and the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation. Service shall be as provided for personal service by the rules of civil procedure for courts of record in Minnesota or by registered or certified mail, return receipt requested, delivered to the addressee only, If service is made by registered or certified mail, the Enforcing Officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort so to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Enforcing Officer shall include in the record a statement as to why such posting was necessary," have the effect of restraining the Enforcing Officer or any other officer of the Village from proceeding in any manner upon the asserted violation or violations." read as follows: 11 During the portion of each year when the Enforcing Officer finds it necessary to protect against mosquitoes, flies and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor spape shall have a screen door with a self-closing device; and every ventilation, shall likewise be supplied with screens- "(c) Effect of Appeal. * The taking of an appeal shall., during the pendency thereof, Sec. 4. Paragraph (g) of Section 7 of said ordinance is hereby amendedto "(g) window Or Other device with Openings to outdoor spacellused op intended to be used for 10/4/65 Sec. 5. Paragraphs (a), (b) and (c) of Section 12 of said ordinance are hereby amended to read as follows: or rooming unit which does not conform to the standards established by this ordinance, and which by reason of such nonconformity presents an imminent hazard to public health, or to the physical or mental health of the occupants therein, the €nfopcing Officer may, without prior notice of hearing, designate such dwelling, dwelling unit, or rooming unit as unfit for human habitation." designated as unfit for human habitation'by the Enforcing Officer shall be appropriately placarded as such and shall be vacated by the occupants thereof within the time specified in such placard. permit not less than 10 days from the date of such placarding for the vacating of such dwelling, dwellihg;unit, or rooming unit unless a lesser-time is stated in the order in view of the facts of the situation and the hazard'involved, as in the judgment of the Enforcing Officer is reasonable and proper ." has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from, and such placarding is removed by the Enforcing Officer. the defect or defects upon which'the designation and placarding action were based have been eliminated and the dwelling, dwelling unit, or roomhg unit has been made to conform to the standards established by this ordinance.11 its adoption and publication. It( a) Designation. Whenever the Enforcing Officer finds any dwelling, dwelling unit, L "(b) Plat-arding; Order to Vacate. Any dwelling, dwelling unit, or rooming unit Such placard shall be deemed an order directing tacating, and shall I "(c) Correction of Defects, No dwelling, dwelling unit, or rooming unit which The Enforcing Officer shall remove such placard whenever Sec, 6. This ordinance shall be in full force and effect immediately upon ORDINANCE NO. 141A ADOPTED. Mr. Hyde presented Ordinance No. 141A as revised by the Village Attorney following the Council Meeting of'september 20, Waiving Second Reading, VanValkenburg offered Ordinance No. 141A for adoption as follows: ORDINANCE NO. 14U AN ORDINANCE DEFINING CERTAIN HISDEMEANORS AND PRESCRIBING A PENALTY FOR VIOLATION THEREOF, AND REPEALING ORDINANCES NOS. 141, 102, 103 AND 146 AND SECTIONS. 16 AND 20 OF ORDINANCE NO. 142 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Violation aib@Sdemeanor.' The violation of any of the sections or \ s&sections of this ordinance by any person shall be deemed a misdemeanor and shall be -p&ished by a fine of not more than one hundred dollars or by imprisonment in the Village or County jail for not more than ninety days, together with the costs of prosecution in either case; The violation of each section or subsection hereof shall be deemed a separate violation, each to be deemed a separate misdemeanor. of 1963, Chapter 753 (Criminal Code of 19631, defining certain crimes, are hereby incorporated herein by reference to the same extent as if fully set fotth lierein, and each ofthe crimes defined in those sections of said Code which are enumerated below is hereby declared to be a misdemeanor, the provisions so'incorporated herein being as follows : ' Section 2. Cbnduct or Acts Forbidden. Certain provisions of Minnesota Laws Crimes Against the Person. Section 609.22 -- assault. Crimes Against the Government. Section 609.40 -- improper use or desecration of the flag. Section 609.47 -- interference with property in official custody. Crimes Affecting Public Officer or Employee, Section 609,475 -- impersonating officer, Section 609.485 -- escape or aiding in escape from custody. Section 609.495 -- aiding offinder to avoid or escape from arrest, Section 609.50 -- obstructing legal process or arrest. Section 609.505 -- falsely' reporting crime. Theft and Related Crimes.' Section 609.52 -- acts constituting theft. Section 609.53 -- receiving stolen property. Section 609.535 -- issuance of worthless check. Section 609.545,-- misusing credit card to secure services. Section 609.55 -- unauthorized use of motor vehicle. Crimes Against the Administration of Justice. conviction or punishment, Damage or Trespass to Property. ' Section 609.575 -- negligent fires. trial, Section 609.595 -- damage. to property. Se'ction 609.60 -- dangerous trespasses and other acts. Section 609.605 -- trespasses and other acts. .. 10/4/65 i 231 Crimes Against Public Safety and Health. 1 i Section 609 . 66 -- use , manufacture, sale, furnishing or possessing Section 609,665 -- spring guns, pit falls, etc. Section 609.675 -- exposure of unused refrigerator or container to Section 609,68 -- unlawful deposit of garbage, litter, or the like, Section 609.685 3- use of tobacco,by children and furnishing tobacco dangerous weapons. children, to children. Public Misconduct or Nuisance. Section 609.305 -- unlawful assembly, - Section 609,71 -- riot, Section 609.715 -- presence at unlawful assembly, Section 609 . 72 -- disorderly conduct. Section 609,735 -- concealing identity. ' Section 609.725 -- vagrancy. . Gambling. Section 609.75 -- gambling, Section 609,755 and 609.76 -- acts relating to gambling, Crimes Relating to Communications. Section 609.78 -- failure to release telephone party line in emergencye Section 609 , 79 -- making anonymous telephone calls . Section 3, Other Conduct or Acts Forbidden, The following sections of Minnesota Statutes defining certain crimes are hereby incorporated herein by reference to the same extent as if fully set forth herein, and each of the crimes defined therein is hereby declared to constitute a misdemeanor, as follows; Section 613.55 -- refusing to make arrest or to aid officer, Section 616.39 -- itinerant carnivals, Section 616.06 -- sale of unwholesome poultry or game, Section 616.20 -- exposing person with contagious disease, . Section 616.17 -- disposition of carcasses. Section 6L6.11 -- careless distribution of hugs. Section 6l6,J.O -- common drinking cup in public places. Section 617.23 -- indecent exposure. Section 617.16 -- fornication. Section 617.241 -- obscene literature. Section 620,52 -- false statement in advertising. Section 620.55 -- using false weights and measures. Section 327,07 and 327.08 -- obtaining food, lodging or other accomodations Section 614 , 42 -- overworking or mistreating animals . Section 614.50 -- aiding or abetting animals in fighting. Section 634.47 -- selling diseased animaLs, or allowing them to run Section 340.96 -- drunkenness, Section 614.35 -- improper use of insignia. Section 616~433 through 616.438 -- prohibition upon sale and use of Section 617.30 -- disorderly house. '\ without payment, with intent to defraud, . at large. fireworks , No person who has made a.Lega1 complaint against any other person before a municipal judge of the county for the violation of any ordinance of the Village may settle OF compromise the same after said complaint has been filed and before trial of such ease, without permission from such judge. Sec. 5, Loitering; Trespassing on Railroad Premises. No person shall be found lurking, lying in wait or concealed in any house or other building, or in any yard, premises, street, avenue, park or parkway, with intent to do any mischief, or to pilfer or to commit any crime or misdemeanor whatever, or not being an agent, servant, or employee of a railway company, shall get on or off the cars or locomotives of any railway company operating its cars and locomotives within said limits while the same are in motion or standing still, or trespass upon the yards pr premises of such railway company with the intent to obtain a ride upon such cars or locomotives or sleep in the same, or for any other purpose, without the consent of such railway company, its agents or employees. No person shall expectorate in or on any public building, public conveyance, or sidewalk abutting on any public street. any property, real or personal, belonging to the Village, or to the possession of which the Village shall be entitled, or shall commit any trespass thereon, or shall unlawfully withhold the property from the Village, and the unlawfhl withholding of such property, after demand therefor has been made under the direction of the Village Manager, shall be deemed a new and separate offense €or every day the possession is withheld after such demand. Secc 4, Comprising Prosecution. Sec. 6, Sec. 7. Wi. No person shall take possession of 3itting in Public Places. Sec. 8, Throwing or Batting Balls on Streets, etc. No person shall throw or bat any ball, stone, or other hard substance into, on or across any street or alley, or in any public place, except as a game or exercise in a public playground or park provided for the purpose; or at or against any building or vehicle, or.at or toward any person, excgpt'in the course of a game or exercise on private property. posters, show bills, or other sign on any building, pole, or property not his own, without permission from the owner thereof. No person shall produce,-give, or take part in producing or giving any immoral show or permit the same to be done, or let to any animal of the opposite sex, any stallion, jackags, bull, boar, ram or billy goat, away, or use any cigarette containing any substance deleterious to health, other than tobacco. fire, discharge, or explode any gun, pistol, air rifle or other weapon in any part of this Village without a permit from the Village. Council. and shall be issued by the Council in its discretgon upon apphication to it, shall be construed to prohibit any firing of a gun, pistol, or other weapon when done in the lawful defense of person, property, or family or in thenecessary defense or enforcement of the laws, Sec, 14, False Registration, No person shall register at,any hotel or motel in the Village, or cause any other person to be Egistered at any hotel or motel, under any false assumed name or under any other than his true name. husband and wife shall cause or permit themselves to be registered as husband and wife at any hotel ?r motel in the Village. No, 141, No. 102, No. 103, and No. 146. Sections 16 and 20 of Ordinance No, 142 are also repealed. .However, any prosecutions or complahts thereunder herktofore commenced shall be continued in all respects as if said ordinances remained in effect without such repeal, and publicat ion , VanValkenburg's motion for qdoption of'ordinance No,A?+lA was 'seconded by Tupa and on Sec. 9. P6stZnglBills. No person shall put up any* hand bills, advertisements , Sec. 10, Sec. 11, Exhibiting Animals, No person shall publicly exhibit or exercise Immoral Shows, I Sec. 12. Adulterated Cigarettes. No person shall manufacture, sell, give Sec, 13, Discharge of Firearms Prohibited Without a Permit, No person shall Such. permit shall bd in writing Nothhg herein No persons who are not Sec, 15, The following ordinances of the Village are hereby repealed: Sec, 16,. This ordinance shall be in full force and-effect upon its adoption ORDINANCE NO,, 5@-1 PRESENTED FOR FIRST READING, amends the Building Code by adopting the 1964 Edition of the Uniform Building Code with the exception of Section 203, Hyde statedlthat Ordinance No. 5lB-1 Tupa offered first reading as follows: ORDINANCE XO. 5lB-1 AN ORDINANCE AMENDING THE BUILDING CODE OF THE VILLAGE (ORDINANCE NO. S~B) THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, The Building Code of the .Village, being Ordinance .No. 51B, is hereby amended by changing Section 1 thereof to read as follows: herein by reference, as an ordinance of the Village of Edina, the documents entitled 'Uniforr;! Building Code, 1964 Edition, Volume 1,' and 'Uniform Building Cod9 (Standards) , 1964 Edition, Volume 111, Officials, including the Appendix but excluding Section 203 ofthe main body of said Code. It Section 4 'thereof an additional paragraph reading as follows : %ection 1, Uniform Building Code Adopted. There are hereby adopted and incorporated both published by the lnternational Conference of Building Sec. 2, Said Ordinance No, 5LB is hereby further amended by adding to _. 'IC%) (c) Paragraph c of Section 1309 on page 426 is amended to read as follows: 'Eighteen months after written notice to the record owner from the Building Inspector every building falling within its scope shall be vacated until made to conform to the requirements of this Section, 'I1 publication , MR, RING THANKS. COUNCIL FOR COOPERATION, thanking Council, in behalf of the Lake Conference Association, for its cooperation in making it possible for Conference hockey games to be played in the new Braemar Arena. Nr, Hyde r_eported khat &ha construction of the arena is about five days behind schedule, but that work is progressing satisfactorily. He indicated that there is a twmendous interest in use of the arena, Sec, 3, This ordinance shall take effect immediately upon its passage and r. Manager Hyde read a letterdrom Mr, Rolland Ring 10/4/65 OLD CAHILL, SCHOOL, BUILDING TO BE MOVED. -School property was sold, the School Board withheld the building. permission to move this old school buikding to a lot behind the Village Hall in order to preserve it for its historic significance. the building was seconded by MacMillan and carried unanimously, REPORT. GIVEN ON POW-BEL PROPERTY AT RABUN AND W. 70TH ST, In response to Trustee MacMillan's question regarding the status of the Pow-Bel property at Rabun and W. 70th St., Nr, 'Glhitlock stated that action which was to have been taken by him relative to the accumulation of debris at Rabun and GI, 70th St. was placed in abeyance when the Pow-Bel Construction Company applied for a building pernit. However, after ninety days had elapsed and no work had been performed, the building permit was revoked. requested-that the Building Inspector again survey this property and submit a report with photographs in order that he can reinstitute civil action against the construction company . Manager Hyde explained that when the old He. requested Tupa's motion approving removal of Mr. Whitlock ELECTION OFFICIALS. APPOINTED FOR NOVEMBER 2 1965 VILLAGE ELECTION, Clerk presented Roster of Election Officials, with the explanation that it is incomplete . NacMillan's motion that Council appoint the following people as Election Judges €or the November 2 Election, with authority to the Clerk to make such additional appointments and replacements as are necessary to staff the polls, was seconded by Tupa and carried: DISTRICT NO. L - DISTRICT NO. 2 - DISTRICT NO. 3 - DISTRICT NO, 4- DISTRICT NO. 5 - DISTRICT NO, 6 - DIST.RICT NO, 7 - DISTRICT NO, 8 - Wooddale School - Mmes . Nij orie Rsssiter , Chai-man-; Marj orie McCall ; Jane Hawthorne Village Hall - Mmes, Nellie Strate, Chairman; Dorothea Obermeyer; Marion Bailey Southview Jr. High School - Mmes, Audrey Berglund, Chairman; Ruth Volk; Ruth Zipoy Concord School - Mmes, Eunice Carlson and Yvonne Ford, CQ-Chairmen; Ursula Bezoier Cahill School - Mmes. Lorraine Hasselquist, E. B. Haedecke, Mary Ryan Shepherd of the Hills - Mmes, Paul Richardson, Chairman; l4yrtJ.e Myhri Muriel Clauson Edina Highlands School - Mmes. Alice McFadsean, Chairman; Margaret 14. Borsch; Adella Stewart Cornelia School - Mmes . Muriel Thomsen, Chairman; Adele Olson; June Dreher TENPORARY ITVIPROVEHENT BOND SALE APPROVED, to sell Temporary Improvement Bonds in the amount of $1,000,000 on November 15, 1965, Mrr Dalen requested pezmission of Council VanValkenburg's rrotion for approval of the sale was seconded by Rixe and unanimously carried, GOVERNOR'S CITIZENS COUNCIL ON AGING TO MEET, of the Governor's Citizens Council on Aging and stated that in view of the fact that there are interested developers for proposed housing under this program, Edina should send a representative to the meeting, Mayor Bredesen announced a meeting CLAIMS PAID. payment of Claims as per Pre-List dated October 4, L965, as follsws: Tupa's motion was seconded by VanValkenburg and unanimously carried for General Fund, $19,199197; Construction Fund, $6,147.73; -Park, Park Construction, Swim Pool and Golf Course, $4,949.82; Water Fund, $496.57; Liquor Fund, $15,432.90; Sewer Rental Fund, $109.14; Total $46,316~13; and for additional Claims as follows: 9/29/65 Minnesota State Treasurer $ l06,OO Park 10/4/65 Suburban Hennepin Co. Relief Board 91.86 Poor 10/4/65 Victor Carlson E Sons 12,597 a 92 Park Const. The Meeting's agenda having been covered, MacMillan's motion for adjournment was seconded by Tupa and carried. Meeting adjourned at 8;45 P.M. e Village Clerk /