Loading...
HomeMy WebLinkAbout19680916_regularNINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON $lONDAY, SEPTEMBER '16, 1968 Hembers ansdering rollcall were .Councilmen Courtney, Johnson, Shaw, VanValkenburg .. and Mayor Bredesen. HUMAN RIGHTS COMMISSION APPOIfiTED. He advised that this list does not include &y young people, since until September 13 he had only two names from which to chdose. More names have been submitted and recommendations - appointments from among Catholics, Jexiish, Portestants, negroes and whites so as to get a well-rounded commission. the following appointees for' the Human Rights Commission wa's seconded by Councilman Courtney and'carried, with Councilm& Johnson abstaining from voting: F. Kennddy , 1 year; Richard E. Byrd, '1% year; Mrs. Norman R. Carpenter and Earl C. Schier, 2 years; Rozmond H. Kennon and SaGuef L. Kaplan, 3 years;' (School Board Recommendations); Richard C. Johnson, 1 year elected; Charles F. Hansen, 1 year; Mrs. Warren R. Ford and Elwyn A. Anderson, 2 years; Father Richard H. Jeub and Lynn Odland, 3 years (Coundil Recommendations) . STREET IMPROVEMENT BA-114 APPROVED AT PGLIC HEARING.. line of Lot 10, Block 2, Normandale 2nd Addition to Vest 66th Street; Wilryan Ave. from 57. 64th St. to I?. 66th St.; Tingdale Ave. from 8. 63rd St. to I?. 64th St.; Tingdale Ave. from8. 65th St. to IJ. 66th St.; Mildred Ave. from W. 63rd St. to the north line of Lot 14, Block 10, Normandale 2nd Addition; West 64th Street from Josephine Ave. to Warren Ave.; Vest 65th St. from Highway #lo0 to Tingdale Ave.; Rolf Ave. from 51. 64th St. to middle of Lot 14, Block 11, Normandale 2nd Addition) Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. . Mr. Hyde presented total estimated construction cost at $177,596.62, proposed to be assessed as follows: $12.41 per faot of lot frontage for all lots facing streets paved; $12.41 per lot for 1/3 of the total side frontage paved; $90.00 per lot for all lots in the -pr?ject area as their share of the side street paving. Mr. Hyde noted that a "lot" is a single building parcel (the total land occupied by one house). If none of the streets in the neighborhood were already paved and all of the area were to be paved at one time, then all of the lots in the neighborhood Would normally pay a share of the side street paving. the Normandale Second Addition, some of the north-south streets have been paved; with $5-19 to $9.78 per fooc of lot frontage. include anything for paving the neighborhood's-side streets, the proposed project includes the assignment of a share Of the side street paving costs to lots already assessed for paving at their front. is to complete the permanent surfacing of a11 streets in the area bounded on the north by-the Crosstown Highway, on the south by T.J. 66th Street, on the east by . T. H. 100 and on the west by the M.N.& S. Railroad. permanent street surfacing in some streets in the area as well as letters favoring the improvement from Mr. and Mrs. Eugene Nelson, 6309 Tingdale Avenue, and Mrs.. Harold Hansen, 6409 Rolf Avenue. Mr. Hite that the streets will be 30 feet wide. Nr. John Scott, 6412 Wilryan, questioned the cost of the improvement, stating that-at the time the petition was presented, he had been given a lower estimate. that time, that the Village tries to give estimated costs on the high side, and that recent assessments for similar improvements have been $11.00 per foot. Hovey, 6443 Rolf Avenue, said the oiled street surfacing is very' adequate at the present time and that the improvement is not necessary, Mayor Bredesen said these unimproved streets require more maintenance and, therefore, additional maintenance costs must be paid from General Funds af the expense of other property owners ;in the Village. Councilman Johnson pointed out that permanent street surfacing in- creases property values at least to the extent of the improvement-cost. Concern was expressed about the oak trees on Rolf and Mildred Avenues. effort will be made to save all trges, but that streets will have to be at least thirty feet wide in order to permit 'on-street parking. The resident at 6433 &kldred Avenue inquired about a turn-around and was told by Mr. Hite that there will be some type of facility provided. out the matter. Mr. J. T. Rotherford, 6517 Tingdale Avenue, advised that if Ting- Dale Avenue is widened from the present 26 feet to 30 feet, fourteen trees will be lost. must be at least 30 feet in width. An unidentified gentleman in the audience was advised that if bids come in lower than the estimate, this would be reflected in the assessment rate. Mr. R. B. Stevenson, ;6336 Mildred Avenue, recommended.that the improvement be installed as soon as possible in order to avoid rising costs. Gordon D. Snow, 6501 Tingdale Avenue, stated that side streets had no benefit from this improvement. He was advised that the improved streets will be used by all Mayor Bredesen presented the following list of 'names.for approval by Council of the Human Rights Commission. I will be presented at the next meeting. Mayor Bredesen advised that he had made his Councilman VanValkenburg's motion for approval of Mr. Ronald 1. (Josephine Ave. from south I . He froted that in 'the cost of that paving assessed against the adjacent lots at rates ranging from Since these assessment rates did not M?. Hite advised that the intent of this project He presented petitions- for Mr. John Connelly, 6416 Mildred Avenue, was advised by . Mr. Hite stated that costs have risen since Mr. R. C. ' Mr. Hite said every He was asked to come to the Village Hall to wokk He was advised that if people want to be able to park on the street, it Mr. c 9/16/68 residents of the area and not only by those whose property abuts the improvement. In.reply to a question from the audience, Mr. Hite indicated that there is no exact formula as to how the improvement should be assessed against lots at heads of streets and noted t,hat it will depend on each indiv5dual case. Fuller, 6300 Rolf Avenue, ~7as advised that his assessment is estimated t5 be $90.00. Hearing, and no. committments can be made at this time. being heard, Councilman Johnson advising that he believes the improvement to be in-the best interest of the neighborhood as a whole offered the following resolution and moved ,its adoption: BE .IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of heaxink to be duly published and mailed.to . Mr. Earl L. Mayor Bzcdesen scated for the record that this, is not the Assessment No further discussion RESOLUTION ORDERING IMPROVEMENT BA-1x4 u3 owxirs of each parcel within the area proposed to be assessed on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : . Josephine Ave. from south line o.f Lot 10, Block 2, Normandale 2nd Addi- tion to Weqt. 66th Street; Vilryan Ave. from I?. 64th St, to I?. 66th St. . Tingdale Ave. from W. 63rd St. 'to W. 64th St. . Tingdale Ave. from W. 65th St, to kJ. 66th St. -I Mildred Ave. from 11. 63rd St. to .the north line of Lot 14, Block 10, Namandale 2nd Addition West 64th St. from Josephine Ave. to Warren Ave. %Jest 65th St. from Highway $100 to Tingdale Ave. Rolf Ave, from IJ. 64th St. to middle of Lot 14, Block 11, Normandale 2nd Addition and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons. interested, and being fully . advised of the pertinent facts does hereby determine to proceed with the construc- tion of saie improvement including all proceedings which may b.e necessary.in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings a& STEtJ3ET PMPROVEEIENT NO. BA-114; and the area to be specially assessed therefore shall incl&de Lots 9 thru 24, Block 2, Lots 1 thru 30, Block 3, Lots 1 thru 30, Block 4, Lots 5 thru 9, Lots 13, 14 and 28, Block 5, Lots 1 thru 16, Block 6, Lots 20 thru 28, Block 6, Lots 1 thru 9, Lots 16 thru 24, Block 9 Lots 1 thru 10 and Lots 15 thru 24, Block 10, Lots 1 thru 24, Block 11, Lots 1 thru 24, Block 12, Loisl, 23 .and 24, Block 13, Lots 16, 17 and 18, Block 1, Lots 13 thru 24., Block 14, Lots 13 thru 24, Blobk 15, Lots 9 thru 24, Block 17, Lots 1 thru 12, Block 18, all in Normandale 2nd Addition; Lots 1, 2 and 3, Block 1, Hardacker's Addition; Lots 1 thru 7, Block 1, Erickson's Normandale Addition; . Lots 1 thru 6, Block 1, Hawkinson Addition; Lots 1 thru 5, Block 1, Hirsch Bros. 1st Addition; Lots 1 thru 16, Block 1, Donna Dells Add% Lots 1 thru 16, Orrin E. Thompson's Edina Addition; Lots 1, 2, 2 and 4, C. G. Carlson's Rearrangement of Lots 1, 2, 3;' 4, Block 5, Normandale 2nd. Motion for adoption of the resolution w and on rollcall there were five ayes. an by Councilman VanValkenburg ATTEST: Mayor WATERMAIN IltlPROVEMENT 212 SPECIAL ASSESSMENT UVIED FOR BLAKE ROAD AREA. davits of Publication and Mailing were presented by Clerk, approved as to .form and ordered placed on file. Pursuant to due notice given, assessment hearing was conducted and action taken as hereinafter recorded. Mr. Hyde presented Analysis of Assessment showing total construction cost for the trunk watermain at $45,696.14, total construction cost, for the lateral watermain at $213,129.60 and total con- struction cost for street improvement at $163,122,15. proposed to be assessed against 418 pr.obSIle connections at $109.06 per con- nection against estimated assessment of $93.81 per connection. main was proposed to be assessed against 192 connections at $1,110.05 as against estimated assessment of $2,332.58 per connection. hprovement including curb and gutter is proposed to be assessed at $2,111.47 per connection. gutter were proposed to be assessed at $1,789.95 per connection. Improvement including curb and gutter M~S proposed to be assessed at $1,001.42 Affi- Trunk watermain was I Lateral water- . Lateral watermain and street Lateral watermain and street improvement without curb and Street 9/16/68 per lot. signed by Dr. and Mrs. Carl Rice whereby two assessments are to be levied in- stead of four assessments, by Mr. and Mrs. John Hartmann whereby one assessmknt is to be levied instead of two assessments, by Mrs. Ruth M. Schaefer whereby one assessment is to be levied instead of two assessments and by Dr. Ralph Boos whereby five assessments are to be levied instead of seven. therefore, reduce the number of connections to 412, so that the trunk watermain would be assessed at '$110.91 per connection, the lateral watermain and street. improvement including curb and gutter would be assessed at $2,115.28 per Lonnect- ion, the lateral watermain and street improvement without curb and gutter would be assessed at $1,794.76 per connection and the street improvement including curb and gutter only would be assessed at $1,005.23 per lot. 6001 Pine Grove Road, presented a map of the area which showed the position of his lot, the lot of Mr. Lewis Bonn at 6005 Pine Grove Road, and the lot of Dr. L. G. Idstrom, 6020 Pine Grove Road. Dr, Carson stated that all of these property owners had advised Village officials that they opposed installation of curb and gutter and also that they oppose permanent street surfacing on the gravel road serving their property, since they want this to remain as a 'kountry road". Curb and gutter had not been installed past Lot 6 at the request of these pro- perty owners and since the property of Dr. Carson and Mr. Bonn did not abut these street improvements, they objected to paying for them. knowing the feelings of Dr. Carson and Mr. Bonn, the street vas not improved along their property, but that the assessment t7as proposed because these property owners had full use of the improved roads for access .to their property. It was suggested that perhaps Dr. Carson and Mr. Bonn should be assessed for the water- main and street surfacing but not for the curb and gutter improvement, Council- man Shaw questioned what would happen if .there should be a request for permanent street surfacing to serve properties beyond Dr. Carson's property, that the net7 lots would probably bear the cost of extending the street. Mayor Bredesen and Councilman VanVallcenburg expressed the opinion that at this point Pine Grove Road serves as a private driveway for Dr. Carson and Mr. Bonn. Mr. J. C. McClune, 6519 Interlachen Blvd., was advised that his property is included in the proposed assessment. Mr, Hite advised that a letter had been received fromNr. Richard J, Haertzen, protesting his assessment, but that he had been told that he was being assessed for trunk watermain and street improvements only and not for the lateral watermain. No further discussion being heard, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION ADOPTIh? AND CONFIRKING . Mr. Hite advised that Declarations of non-division of property had been These Declarations, Dr. K. Paul Carson, Mr;..Hite advised that Mr. Hite said SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF IJATERMAIN 212 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as 1, . assessment roll for the improvement hereinafter referred to, and at such hearing held on September 16, 1968, has considered all oral and written objections pre- sented against the levy of such assessments. 2. assessments as set forth in the assessment rolls on file in the office of the Village Clerk for Watermain 212 does not exceed the local benefit conferred by said improvement upon the Jot, tract or parcel of land so assessed, and all of. said assessments are hereby adopted and confirmed as the proper assessment on account of said respective improvement to be spread against the 'beneffted lots, parcels and tracts of land described therein. 3. lot proposed to be assessed for Watermain 212 is hereby increased as follows: The number of connections allocated to Natermain 212 is hereby changed from 418 to 412; the trunk watermain will be assessed at $110.91 per connection; the lateral watermain with street improvement including curb' and gutter shald! be assessed at $2,115.28 per connection; the lateral watermain and street improve- ment without curb and gutter shall be assessed at $1,794.76 per Connection and the street improvement including curb and gutter only shall be assessed at $1,005.23 per lot; Lots 25 and 26, Auditors Subdivision 323 shall have two rather than four connections; Lot 47, Auditors Subdivision 323 shall have 1 rather than two connections; Lot 24, Auditors Subdivision 325, shall have one rather than two connections; Lots 28, 29 and 30, Auditors Subdivision 325, shall have five rather than seven connections; Parcel #7000 of Sec. 32, T. 117, R. 21 and Lot 1, Block 1, Carson's Hill shalLbe assessed $1,794,76 each for watermain and street improvement without curb and gutter. 4, The assessments. shall be payable .in/&@al annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date.hereof to December. 31, 1969, to be payable with the general taxes for the year 1968. 5. a copy of this resolution and a ceztified duplicate of said assessment, with each.then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. folh7S: The Village has given notice of hearing as required by law on the proposed Subject to the amendments made in paragraph 3 of this resolution, each of the Said assessments are hereby amended as follows: The per unit charge for each ' The Village Clerk shall forthwith prepare and transmit to thecounty Auditor 9/16/68 -231:' c 6. payable by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429,061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. 116tion for adoption of the resolution was seconded b uncilman Courtcey and on rollcall there were five ayes and no nays and theMution was adc@ted. The Clerk shall also mail notice of any special assessments which may be ATTEST : Mayor J' JONES KNOLLS R-2 ZONING HEARING CONTINUED TO OCTOBER 21. to Council that the hearing,for R-2 zoning for Lots 4, 5 and 6, Block 1, Jones Knolls Addition had been continued from August 19 in order to give interested per- sons an opportunity to purchase the six 'deed restricted lots to the east 'in Valley Park Subdivision. There is every indication that these six lots have been pur- chased for R-l purposes and if this is the case, cixrcumstances have substantially changed since the Planning Commission last considered the rezoning of the three lots in question. Mr. Hoisington recommended that the matter be referred back to the Planning Commission for reevaluation in light of the circumstances. Mr. Shaw noted his concern chat the remaining lot near the gas station could develop into an eyesore, whereupon the matter was referred back to the Planning Commission and continued until October 21, 1968, upon motion of Councilman Shaw, seconded by Councilman Courney and carried.. Mr, Hoisington recalled ., ST. PATRICKiS ADDITION GRANTED PRELIMINARY PLAT APPROVAL. vcre presented by Clerk, approved as to form-and ordered placed on file. Mr. Hoisington presented St. Patrick's Addition, located south of St. Patrick's Lane, vest of Prospect Hills and east of Braemar Hills, for preliminary approval as recommended by Planning Commission, Dr, Wm. A. O'Brien, 6909 St. Patrick's Lane, expressed concern $hat the development below the hill would cause a problem on the slope adjacent to his home: He was assured that no problems were anticipated. A letter approving the plat had been received from Mr. Roy H. Peterson. No further discussion ensuing, Councilman Shat7 offered the following resolution and moved its adoption : Affidavits of Notice RESOLUTION APPROVING PRELIMINARY PLAT OF ST. PATRICK' S ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled 'fSt. Patrick's Addition", platted by Allen 'w. Garrison and St. Patrick's Church and presented at the meeting of the Village Council of Sept- ember 16, 1968, be and is hereby granted preliminary approval. Motion for adoption of the resolution was s rollcall there were five ayes and no nays ouncilman Courtney and on ATTEST: 8Ld*L. .. Village Clerk DUBLIN CIRCLE STREET VACATION APPROVED. Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the petition of Mr. Lloyd D. Meyer for vacation of a portion of Dublin Circle at its intersection with I.J. 70th Street and Dublin Road to permit its addition to Lot 8, Block 1, Dublin Hill. ted that they have no objections to the vacation, provided they are granted an easement. No further objections being heard, Councilman Shaw offered the follow- ing resolution, subject to receipt of utility easement in favor of Minneapolis Gas Company, and moved its adoption: WHEREAS, two week's published, posted and mailed notice of,a Hearing to be held on September 16, 1968, at 7:OO p.m., on the proposed street vacation hereinafter described haqbeen given and made and a Hearing has been held thereon by the Vil- lage Council: NOV, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Dublin Circle, all as platted and of record in the office of the Register of Deeds in and for Hennepin County Minnesota, be and is hereby vacated, effective October 15, 1968, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: .. Affidavits of Notice were presented by Clerlc noted that Minneapolis Gas Company has indica- RESOLUTION VACATING A PORTION OF DUBLIN CIRCLE I 232 , 9/16/68 Commencing at the most northerly corner of Lot 8, Blpclc 1, Dublin Hill, thence southeasterly along the northeasterly line of said Lot 8 to the most easterly corner of said Lot 8 and actual point of begin- ning of the tract to beedescribed; thence southeasterly and southerly along a tangential curve, concave to the west having a of 70.84 feet to the southeast corner of said Lot 8; thence northerly along the east line of said Lot 8 to the point of beginning. - radius of 32.13 feet and a central angle of 126O, 19', 28" a distance 3fotion for adoption of the resolution was seco rollcall there were five ayes and no nays a Councilman Johnson and on I ATTEST: $L &.L, Village Clerk, COUNTRY CLUB AREA STREET LIGHTING IMPROVEMENT L-5 AWARD OF BIDS CONTINUED. Mr. Hyde noted that bids had been higher than anticipated for the Country Club Area street lighting improvement and recommended that award of bids Ge held until after the 1969 Budget had been approved. Mr. Hite advised that the low bidder had agreed to hold his bid until the next meeting. It was brought out that in the past the Village paid street light charges were lower in the-Country Club because of.the ornamental lights and that this difference might be returned to the property owners through-a reduction in the assessable cost. Valkenburg's motion that award of bids be continued until October 7, 1968, was Councilman Van then seconded by Councilman Courtney and carried. 1. C. R. WLQUIST REQTJEST FOR REDUCTION IN BA294 ASSESSMENT DENIED. Elr. Hyde called attention of Council to a letter received frqm Mr. C, R. Hallquist objecting to his assessment for Street Improvement No. BA-94. Mr. Hallquist had advised that while he had been present at the Assessment Hearing, he had noterealized the implications when Council approved the request of Dr. D. E. Hogan, 6204 Belmore Lane, to change the rate of assessment for paving on Eots.1 through 5, Block 7, Mendelssohn'Addid tion from the $150 per lot to the corner lot ass&sment policy. Mr. Hallquist re- viewed the history of the area, asserting that this alby is, in effect, a private road used by.Dr. Hogan-only and that the alley is not necessary for the develop- ment of other abutting property. alley that has been opened in Mendelssohn Addition, as all other blocks have either been vacated or never opened in the first place. of Mayor Bredesen that possibly Mr. Hallquist's property might get as much good from the alley improvement at some future time as Dr. Hogan's property, Mr. Hallquist replsed-that this would not be the case sinceUDr. Hogan's house is 200 feet from Belmore Lane and must Q5e the alley for access to his house. Johnson noted that there is a possibility that the benefit could be shared by Mr. Hallquist's property and this speculation should be considered. that a change in the rate of assessment for these properties would not make any material difference in other assessments within the project. discussion, Councilman VanValkenburg's motion that the request to change the assessment be denied was then seconded by Councilman Shaw and carried, I He further pointed out that this is the only In reply to a statement Councilman Mr. Hite said Following considerable BiINNEHAHA CREEK BRIDGE REQUESTED AT T.H..100. been received from the Isaac l?alton League noting that the bridge proposed to be built on T.H. 100 over Minnehaha Creek fn Edina has made no allowance for canoe travelers. its adoption: WHFZSAS, Blinnehaha Creek has unique value as a canoe route for canoe travelers, and WHEREAS, it is understood that no provisions are to be made for canoists to travel in the creek under the new bridge to be built on T.H. 100 over Minnehaha Creek; NOTJ,,THEREFORE, BE IT RESOLVED that the Edina Village Council request that the Ilinnesota Highway Department work out a plan whereby the bridge will permit a canoeist to pass undel; thus eliminating the need for the can&t to transport his Motion for adoption of the resolution was s call there were five ayes and no nays and t Mr. Hyde recalled that a letter had Councilman VanValkenburg'then offered the following resolution and moved RESOLUTION I * canoe over the highway. Shaw and on roll- ATTEST : " Village Clerk 9.1 16 16 8 Avenue was received and ordered referred to the Engineering Department for process- HILLSIDE ROAD WATERMAIN PETITION for wat main between Valley View Ro d and Tracy ing by motion of Councilman Courtney, seconded by Councilman Johnson and carried. FJELDHEIM 2ND ADDITION STORM SEWER PETITION RECEIVED, Mr. Hyde notedsthe receipt of a letter from Mr. Roy A. Bogen requesting the construction of a storm sewer to serve the rear of the lots in Block 2 and also Lots 1 and 2, Block 1,-Fjeld- heim's Addition. Blr. Hite advised that a storm sewer for this area is proposed to come for hearing for construction next spring. ) No action was taken. 50TH AND FRANCE PAFXING IMPROVEMENTS will be considered at the Council Meeting of October 7. .. ASSESSMENT %ECLARATIONS -as drawn by the Village Attorney were presented for review and ordered accepted for use by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. PJ. 77TH STREET INTERCHANGE MEETING TO BE HELD WITH HIGJNAY COMMISSIONER. Mr. Hyde advised that a meeting will be held with the Minnesota Highway Department relative to the I?. 77th Street and T.H. 100 interchange, No action k7as taken. ORDINANCE NO. 181A ADOPTED AT SEGOND RT3ADING. Mr. Hyde presented Ordinance No. 1818 which provides for issuance of permits for solicitors and peddlers operating in the Village, Following some discussion, Councilman Shaw offered Ordinance No, 181A for Second Reading and moved its adoption as follows: ORDINANCE NO, 181A AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PERMISES WITHIN THE VILLAGE, PROVIDING FOR RF;GISTRATION OF PEDDLERS AND SOLICITORS THE VILLAGE COUNCIL OF THE VILLAGE OFaEDINA, MINNESOTA,;ORDAINS: AND CERTAIN VENDORS, AND PROVIDING A PENALTY - Section 1. Definitions. Subdivision.1. For the purposes of this ordinance the words defined in -- this section have the meanings given them. goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to pur- chasers of the same. 1 Subd, 3. "Solicitorr1 yeans any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property Subd. 2, "Peddler" means any person w%Ch no fixed -place of : business who of any nature whatsoever for delivery in the future. .. Subd. 4. Vendors of milk, groceries, bakery products, or other perish- able commodities or of soft water service who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of a regular route service for the sale and delivery af such comodities to regular customers shall not be included within the above definition of "peddler" or "so licit o rpF . or attempts to sell, or solicits or attempts to solicit orders for,goods, wares or merchandise, if he.does so in behalf of a bona fide charitable, religious, civic, educational or political organization. of khg Village who wishes to exclude peddlers or solicitors €rom premises occupied by him may place upon or near the usual entrance to such premises a printed pla- card or sign bearing the following notice: Such placard shall be at least 3-3/4 inches long and 3-314 inches wide and the printing thereon shall not be smaller than.48 point type. shall enter $n or upon any premises or attempt to enter in or upon any premises, where such placard or sign is placed and maintained. Sec. 3. May Not Deface Placard. No person other than the person occupying such premises shall remove, injure or deface such placard or sign, Sec. 4. Registration of Peddlers and Solicitors and Other Vendors. Before engaging in peddling or soliciting, or in making calls as described in Subdivision 4 of Section 1, the peddler, solicitor or vendor must submit the following informa- tion to the Village Clerk: Subd. 5. "Peddler" or tlsolicitorrl does not include any person who sells Sec. 2. Peddlers and Solicitors May be Prohibited by Placard. Any resident "Peddlers and Solicitors Prohibited". No peddler or solicitor (a) (b) His name and permanent address and local address, if any; A brief,description of the nature of the business and the goods to be sold; (e) If employed, the name and address of the employer; (d) The period of time within which he intends to conduct activities; and 2'44 .J 9/16/68 (e) The source of supply of the goods or property proposed to be sold, or in the case of goods or property to be sold by solicitation of orders, where such goods or products are located at the time the information is submitted to the Village Clerk, and the proposed method of delivery. by Section 4, the peddler, solicitor or vendor shall also pay,a registration fee of $3.00. Any person who violates any provision of this ordinance, upon conviction thereof, shall be punished by a fine not exceeding $100 or by imprisonment for a period not exceeding 90 days. Sec. 5. Registration Fee. At the time of submitting information as required Sec. 6. Penalty. Sec. 7. Ordinance Nos. 181 and 182A are hereby repealed. Sec. 8. This Ordinance takes effect Notion for adoption of the ordinance was call there were five ayes and no nays and ATTEST : . Village Clerk *. ORDINANCE NO. 185 ADOPTED AT SECOND READING. Mr. Hyde presented Ordinance No. 185 which regulates garage sales and sales of farm products within the Village for Second Reading. Councilman Johnson then offered Ordinance No. 185,for Second Read- ing as follows and moved its adoption: ORDINANCE NO. 185 AN ORDINANCE REGULATING USE OF LAND FOR SALES OF FARM PRODUCE AND OTHER PROPERTY, AND PROVIDING A PENALTY, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. Sales in Residential Areas: lage zoned for residential use shall be used for the.sale of persoqal property for more than one period of 72 consecutive hours in any year. for sale shall consist only of items owned by the owner of the premises or by friends of such owner. for resale or received on consignment for purpose of resale, or use any public right-of-way for the purpose of selling farm produce or any other property. Except as provided in Section 1, farm produce or other property shall be offered for sale only on premises situated in the Commercial District, and then only with permission of the opmer or lawful occupant. Any person selling property or offering property for sale in violation of this ordinance shall be guilty of a misdemeanor and-shall upon conviction therof be punished by a fine not exceeding $100 or by imprisonment for not more than 90 days. its passage and publication. Notion for adoption of the ordinance was s rollcall there were five ayes and no nays No premises in the areas of the=Vil- The property offered None of the items offered for sale shall.have been bought I Sec. 2. Sales of Farm Produce and Other Property. No person shall occupy Sec. 3. Penalty. Sec. 4. This ordinance shall be in full force and effect immediately upon' ATTEST: Mayor r, ' .. ?jR,,,,, b,.L Village Clerk P.E.R.A. IZGISLATION PROPOSED. of Richfield has been working on P.E.R.A. and is about to have a bill drafted to eliminate the proxy system of voting and permit employer representation on the Board, whereupon Councilman Shaw offered the following resolution and moved its adoption: BE IT RESOLVED l$Y THE EDINA VIILAGE COUNCIL that legislation be introduced to pro- vide for employer representation on the Board of Public Employees' Re<irement Association and to eliminate the proxy system of voting. Motion for adoption of the resolution was seco rollcall there were five ayes and no nays and IIr. Hyde advised Council that Representative Cook I RESOLUTION .. Councilman Courtney and on ATTEST: Mayor :$L A. zyAJIJL&A Village Clerk 9/16/68 HEARING DATES SET FOR VARIOUS IMPROVEMENTS. that October 7, 1968, be set as hearing date for various impruvements, Council- man Johnson offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON Upon the recommendation of Nr. Hite SANITARY SEWER NO. P-276, WATERMAIN NO. P-234, STREET IMPROVEMENT NO. P-BA-133 1. to the feasibility of the proposed improvements described in the form of Notice of Hearing 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. 2. Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. and purpose of said meeting to be published in the official newgpaper.once a week for two successive weeks, the second of .which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) VILLAGE OF EDINA HENNEPIB COUNTY, MINNESOTA The Village Engineer, having submitted to the Council a preliminary report as This Council shall meet on Monday, October 7, 1968, at 7:OO p.m, in the Edina The Clerk is hereby authorized and directed to cause notice of the time, place u3 NOTICE'OF PUBLIC HEARING ON p. I. SANITARY SE%?ER NO. P-276, WATERMAIN NO. P-234, u3 PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER NO. P-BA-133 0 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, October 7, u 1968, at 7 :00 p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements is estimated by the Village as set forth beh7: 1. CONSTRUCTION OF VILLAGE SANITARY SEWER AND The approximate ;u ESTIMATED COST APPURTENANCES IN THE FOLLOI?ING : A. SANITARY SEWER NO. P-276 On an easement line from Antrim Avenue West to serve 5900 Vest 70th Street and 5290 West 70th Street $ 4,502.96 Q. CONSTRUCTION OF VILLAGE WATERMAIN AND A. I?ATEREIAIN NO, P-234 . APPURTENANCES IN THE FOLLOWING: Hillside Road from Valley View Road to Tracy Avenue $30,728.79 3. CONSTRUCTION OF PERMANENT STREZT SURFACING AND CONCRETE CURB & GUTTER IN THE FOLLOWING: A. IMPROVEMENT NO. P-BA-133 Hillside 'Road from Valley View Road to . Tracy Avenue $18,518.12 The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 1-A above includes the Parcels #5410 and i'c-5460, Section 5, Township 116, Range 21. The area proposed to be assessed for the cost of the proposed Watermain under 2-A above includes Lots 2 thru 8, incl,, Block 1, Lots 1, 10, 11 and 12, Block 2,-and Gots 2 thru 6, incl., Block 2, Valley View Heights. assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 3-A above includes Lots 1 thru 8 hcl., Block 1, Lots 1, 10, 11 and.12, Block 2, and Lots 1 thru 6 incl., Block 3, Valley View Heights. The area proposed to be Florence B. Hallberg Village Clerk Motion for adoption of the resolution was call there were five ayes and no yays and Councilman Shaw and on roll- ATTEST : Mayor M dd ,&l&A Village Clerk BIDS TO BE TAKEN FOR VARIOUS IMPROVEMENTS. that bids be taken for various improvements, Councilman Johnson offered the follow- ing resolution and moved its adoption: Upon the recommendation of Mr. Hite *. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SANITARY SEWER NOS. P-275 AND P-276, GRAVELING. GRAVELING NO; C-97, DITCHING BE IT RESOLVED BY Tm VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: ' 9 /16/68 1. following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. Bulletin the following notice+for bids for improvements: The plans and specifications for the proposed improvements set forth in the The Clerk shall cause to be published for the Edina Sun and Construction (Official Publication) HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SANITARY SEl7ER NO. P-275 SANITARY SEWER NO . P-276 DITCHING .BIDS CLOSE OCTOBER 4, 1968 V~LLAGE OF EDINA .* GRAVELING NO. C-97 SEALED BIDS will be received and opened in the Council Chambers in the Edina Vil- lage Hall, 4801 W. 50th St., at 11:OO a.m., Friday, October 4, 1968, and the Edina Village Council will meet at 7:OO p.m. on Monday, October 7, 1968, to con- sider said bids for the construction of Sanitary Sewers, Graveling and Ditching. The following are approximate quantities of major items: SANITARY SE57ER NO. P-275 - 204 LdF 4" C.I.P., O'-lC?' Depth 180 X/Y Sod SANITARY SEWER NO. P-276 - 300 L/F 9'' V.C.P., 0'-10' Depth GRAVELIIG NO. C-97 - 18,000 X/Y Compacted Class 5 Gravel - 1' Thick DITCHIHG - 1,500 L/F Ditching 3 Each, Manholes 62 Each, Adjust Utilities Work must be done as described in plans and specifications on file in the office of the Village Clerk. $25.00 (by check). fications with a bona fide bid. No bids will be cons'idered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village. Clerk in the amount of at least ten (10) percent of amount of base bid. Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are available for a deposit of Said deposit to be returned upon return of the plans and speci- The , Florence B. Hallberg Motion for adoption of the resolution was and on rollcall there were five ayes and ATTEST: BA-66 SPECIAL ASSESSMENT HEARIHG DATE SET. October 7, 1968, was set for speclal assessment hearing date for Street Improve- its adoption: Upon the recommendation of Mr. Dalen, ement BA-66, whereupon Councilman Johnson offered the following resolution *ad moved RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING FOR 9 STREET IMPROVEMENT BA-66 BE IT RESOLVED by the Village Council of the Village of Edina, Minresota, as follows: 1. The Clerk and Engineerahaving+calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and - parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the' Clerk shall lceep the same on file in her office and open to public inspect- ion pending hearings thereon as herein provided. 2. 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 accord? ance with law is hereby aEproved; Notice being as follows: ' . This*Council shall.meet at the time and place specified in the Notice of Hearing (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NdrICE OF ASSESSMENT FOR Street Improvement BA-66 THE EDINA VILLAGE COUNCIL will meet on Monday, October 7, 1968, at 7:OO p.m. to hear and pass upon all objec&ons, if any, in the following proposed assessments. These assessments are now on file in the office of the Village Clerk and open to public inspection. Assessments will be payable in ten equal installments over a 9/16/68 period of ten (10) years. First payment of each assessment will be payable with the taxes for the year 1968, collectible in 1969, 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, 1969. interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the following improvement may pay the whole of the assessment without interest to the Village Treasurer on or before December 45, 1968, or make payment with accrued interest to the County Treasurer. CONSTRUCTION OF STREET IMPROVEMENT NQ. BA-66 Roberts Place from Wilryan Avenue to Rolf Avenue Wlryan Avenue fromfqest 62nd St.reet to Roberts Place .Rolf Avenue from Valley View Road to Roberts Place West 63rd Street from Nilryan Avenue to Warren Avenue Vilryan Avenue fromVest 63rd Street to the south lot line of Lot 5, Block 3, Normandale Second Addition The Lots and Tracts of land proposed to be assessed for the above improvement include: Lot 1, C. G. Carlson's Re-arrangement of Lots 1, 2, 3 and 4, Block 5, Normandale 2nd; Lots 1, 2, 3, 4, 5 and 30, Block 3; Lots 1 and 30, Block 4, Lot 28, Block 5, Lots 1 and 28, Block 6, Normandale 2nd; Lots 1 and 8 thru 15, Block 3, Lots 1 and To each subsequent installment will be added I 2, Block 5; James A. Roberts Estate BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was rollcall there were five ayes and no nays Councilman Courtney was Ydopted. and on ATTEST: Village Clerk CIAIBIS PAID. carried for payment of the following claims as per Pre-List: Construction Fund, $236,327.27; Park, Park Construction, Swim Pool, Golf Course and Arena FJater Fund, $12,820.50; Liquor Fund, $46,271.05; Sewer Rental Fund, $1,253.90; Motion of Councilman Shaw was seconded by Councilman Johnson and General Fund, 96,390.77; Total, $402,059.42 The agenda's business having been covered, Councilman VanValkenburg's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:00 p.m. I d9- zkLfde&, Village Clerk