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HomeMy WebLinkAbout19690519_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, MAY 19, 1969 I Members answering rollcall were Councilmen Courtney, Shaw, VanValkenburg and Mayor Bredesen. I lrlINUTES of April 21, 25 and May 5, 1969, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Shaw and carried. PUBLIC HEARINGS CONDUCTED ON VARIOUS PROPOSED IFfPROVEWNTS. Affidavits of Publication in the Edina Sun on May 8 and 15 and of Mailing on May 9, 1969, were presented by Clerk, approved as to form and ordered placed on file. suant to due notice given, public hearings were conducted and action taken as hereinafter recorded: A. ' THE FOLLOIJING: (P-BA-150) Pur- CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN Londonderry Road from North line of Addition to South line of Addition Biscyne Blvd. from Londonderry Road to East line of Addition Newport Drive from Biscayne Blvd. to Stauder Circle Mr. Hyde presented estimated project cost at $46,610.82, proposed to be assessed against $4,360.40 feet at an estimated cost of $10.69 per assessable foot. received prior thereto. B. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCmTE CURB AND GUTTER IN No comments were heard from the audience and no objections had been (See Resolution Ordering Improvement later in Minutes.) THE FOLLOWING : (P-BA-149) Lanham Lane Fleetwood Drive Mr. Hyde presented total estimated project cost at $24,023.22, proposed to be assessed against 3,144.68 assessable feet at an estimated cost of $7.64 per assessable foot, noting that the Village is holding a $25,000 deposit and sub- divider's agreement under which payment will be made in full as soon as. the project is completed. Mr. Hyde referred to a letter from Mr. M. P. Johnson, developer, requesting that the project not be set up on an assessment basis. Mr. Johnson also urged that the improvement be deferred until gas and storm sewer are installed. No further comments were heard from the audience. (See Resolution Ordering Improvement later in Minutes .) C. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : (P- BA- 15 1) Nest 70th Street from France Avenue to Xerxes Avenue Yorlc Avenue from West 69th Street to West 70th Street Mr. Hyde presented total estimated project cost at $172,777.01, proposed to be assessed against 5,395.42 estimated assessable feet at an estimated cost of $32.02 per assessahle foot. is along the perimeter of Southdale and that grading and gravelling had been dona last year. Ordering Improvement later in Minutes.) Mr. Hyde noted that the area Proposed to be assessed No.objections were heard from the audience, --'(See.Resolution D. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING: (p-C-102) West 76th Street from France Avenue to Xenres Avenue Mr. Hyde presented total estimated project cost at $271,194.98 proppsed to be assessed against 4,900.51 assessable feet at an estimated cost per assessable foot of $55.34, noting that this is expensive since it involves moving a gas. main and grade cuts up to fifty feet. Mr. R. E. Clark, 3428 W. 76th Street, was advised by Mr. Hyde that his home will be unaccessible when the road is I brought to grade and that cost of moving the house have been included in the total cost. Mr. John Hedberg of Hedberg and Sons, said that he has no object- ion to lowering the road but took exception to the methodL?.proposed. He sug- gested that the project could be done at a much less expensive cost if abutting property owners could salvage the gravel removed. Property owners could donate right of way in exchange for the excavated materials. Sand and Gravel concurred with Mr.*Hedberg's comments. Upon the recommendation of Mr. Hyde, Councilman Courtney's motion that the matter be continued for ninety days to explore the feasibility of Mr. Hedberg's suggestion and that the project be programmed Ear. 1970, was seconded by Councilman Shaw and carried. E. A gentleman from Napco CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: (p-m+245) To Serve 3509, 3517, 3525, 3605, 3713, 3725, 3729, 3801, 3805 and 3809 West 54th Street I F. PEmm STBEE SUEI?AC?XN@ IN THE FOLLCXJING: (P-BA-152) P~~nent'S~~ee~-Surfac~~g in- W, -54th dSti-from Prance Ave. to Zenith Ave. Replace existing Concrete Curb-and Gutter in 'w. 54th St. from France Ave. + New-Concrete 'Cu?b .and- GuGter;:in W. 54th St. from Zenith Ave. to Beard Ave. to Drew Ave. Items E and F above affecting the same properties, public hearings were conducted simultahkously. Mr. Hyde presented total estimated project cost for G3btemfrain. 5/19/69 Cier+ic&s-:a& $34228:51: fikoposed to be assessed aga-nst either 140 assessable feet at $8.78 per assessable foot or against 3 lots at $409.50 per assessable lot. given at $4,704.63, proposed to be assessed against 355 assessable feet at $13,26 per assessable foot or against 7 assessable lot at $672.09 per lot. estimated construction cost for bituminous street surfacing and concrete curb and gutter was given at $11,698.62, proposed to be assessed against 1,453.34 assessable feet at an estimated cost of $8.05 per assessable foot. mated project cost for concrete curb and gutter only was given by llr. Hyde at $2,778.15, proposed to be assessed as follows: Total estimated project cost for lateral extension and services was Total Total esti- Total estimated footage on project - 539.6 feet Estimated assessable footage - 259.74 feet @ $5-39, per..foot Estimated Village share - 279.86 feet ( $1,376.9 1) Nr. Hyde noted further that side lots are proposed to pay 1/3 footage under the Village policy, with the Village to pay the remainder. that these improvements are being proposed at this time at the request of Ninneapolis, since the city is rebuilding its half of I?. 54th Street along with other street improvements in the area. no longer peplit hook-up to the existing 48" watermain, but that it is now pro- posed to install an 8" main from Ewing Avenue to France Avenue and*a 6" main from Chowen Avenue to Drew Avenus from which Edina properties could be serviced. It vas further pointed out by Mr. Dunn that Ninneapolis proposes to change the grade of the street from six to eight inches, but that if the improvements are not authorized, llinneapolis will be requested to blend their work with the Edina grade. 3605 17. 54th Street indicating thatshe was having problems with hez well. owner of the property at 3517 17. 54th Street said that if water were avail- able, he'would hook up but that he objected to replacing good street surfac- ing. A letter from Mr. D. E. Bressler, 3625 I?. 54th Street, strongly object- ing to the improvements on the grounds that the street is in good condition and that he objects to. anything which would increase .his taxes. Bordon, 3701 1.7. 54th Street, objected to the improvements and also complained about the speed of cars . BIr. Bob Withrow, 5400 Abbott Place, was advised that the street surface in front of his house will be replaced soon. Jordan was told that properties which already had water would be assessed for street surfacing only. Councilman Shaw pointed out that unless water service is authorized, existing wells would have to be redrilled or repaired. In view of the fact that none of the property owners present indicated any support for these improvements, Councilman Courtney's motion abandoning Street Improvement . P-BA-152 and Natermain P-1JM-24Skwas seconded by Councilman Shaw and carried. G. CONSTRUCTION OF ST0Hf.I SEWER AND APPURTENANCES P-ST.S. 119 IN THE FOLLOWING: llr. Hyde presented total estimated project cost at .$36,218.13, proposed to be assessed against 1,743.661 square feet at $0.01828 per assessable square foot. He noted that approximately 12% ($4,346.18) is proposed to be paid from State Aid Funds. Hr. Richard R. Lund, owner of Lot 1, B'lock 2, Schey's Park View 32d Addition, questioned whether his land drained into the storm sewer district. It 17as noted that a letter had been received from an attorney representing 3lr. Mark 31. lloore, Jr., 6828 Chapel Hill Lane, indicating that this property had already been assessed for storm sewer improvement. be checked before the Assessment Hearing. (See Resolution Ordering Improvemenv later in Minutes.) H. CONSTRUCTION OF ORN&lENTAL LIGHTING P-L-6 IN THE FOLLO17ING: Parklawn Avenue from France Avenue to West 77th Street I?. 76th Street from France Avenue to Parklawn Avenue Parklawn Court from Parklawn Avenue to cul-de-sac Vest 77th Street from Parklawn Avenue to Highway #lo0 Computer Avenue from1Jest 77th Street to Viking Drive Viking Drive from Computer Avenue to Highway $'lo0 llr. Hyde presented total estimated-project cost at $58,153.20, proposed to be assessed against 18,187.01 assessable feet at an estimated cost of $3.20 per assessable foot. on 30 foot high davit steel poles and will be installed at approximately 300 foot intervals, if approved. on the absence of light in the area. Mr. Gilbert Brooks, owner of apartment buildings on Lots 3, 4 and 5, Block 2, Bertelson Addition, protested the improve- ment on the grounds that his property has adequate lighting with the gas lights on his property,.and because of the expensive fire control system he had been forced to install and the increase in his taxes. be continued for a year or two. lights in the area Yut that a complete system is needed in the interest of safety. He suggested the possibility Mr. Hyde explained 3lr. Dunn said that Minneapolis will - Mr. Dunn noted that he had received a call from the owner of The Mr. Kenneth Blr. 1Jilliam I Gleason Road from Schey Drive to 1075' North . These properties will No further comments were heard. I The proposed fixtures are 400 watt Mercury Luminaires mounted He noted also that complaints had been received He requested that the matter Mr. Dunn noted that there are some individual of overhead wooden poles which would be less ex- * and instructing the Village Manager to convey to the City of Minneapolis the feelings of the Council 5#19/69 109 , I pensive but also less attractive, and that the ornamental lights would tie in with the general area. Mayor Bredesen noted that since only three lots out of forty oppose the improvement, it appears that the vast majority want the ornamental lights. No further discussion was heard. (See Resolution Ordering Improvement later in Minutes.) I. CONSTRUCTION OF STORM SEWER 114 AND APPURTENANCES IN THE FOLLOWING: West 52nd Street from Minnehaha Creek to Halifax Avenue Halifax Avenue from West 52nd Street to West 49% Street West 49% Street from France Avenue to West of Halifax Avenue West 50th and France Ring Street, Halifax Avenue to France Avenue Mr. Hyde advised that a re-hearing is being conducted on this improvement because the new estimate of cost of $193,132.14 is considerably higher than the estimated cost of $127,000 given at the original hearing of June 17, 1968. comments were heard from the audience. later in Minutes.) J. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING P-L-7 IN THE FOLLOWING: No (See Resolution Ordering Improvement Proposed Street from West 51st Street and France Avenue to West 50th Street and Halifax Avenue Mr. Hyde presented total estimated project cost at $24,080.00, proposed to be assessed against 377.114 assessable square feet at $0.064 per square foot. No objections being heard, Councilman VanValkenburg.offered the following resolu- tion and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS BA-150, BA-149, BA-151 STORM SEWERS 119 AND 114 ORNAMENTAL LIGHTING L-6 AND L-7 BE IT RESOLVED by the Council of the Village of Edina, Minnesota that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements: 1. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER BA-150 IN THE FOLLOWING: Londonderry Road from North line of Addition to South line of Addition Biscayne Blvd. from Londonderry Road to East line of Addition Newport Drive from Biscayne Blvd. to Stauder Circle BA-149 IN THE FOLLOWING: Lanham Lane Fleetwood Drive BA-151 IN THE FOLLOWING: West 70th Street from France Avenue to Xerxes Avenue York Avenue from West 69th Street to West 70th Street 4. CONSTRUCTION OF STORM SEWER 119 AND APPURTENANCES IN THE FOLLOWING: Gleason Road from Schey Drive to 1075' North 5. CONSTRUCTION OF ORNAMBNTAL LIGHTING L-6 IN THE FOLLOWING: Parklawn Avenue from France Avenue to West 77th Street W. 76th Street from France Avenue to Parklawn Avenue Parklawn Court from Parklawn Avenue to cul-de-sac West 77th Street from Parklawn Avenue to Highway #lo0 Computer Avenue from West 77th Street to Viking Drive Viking Drive from Computer Avenue to Highway #lo0 West 52nd Street from Minnehaha Creek to Halifax Avenue Halifax Avenue from West 52nd Street to West 49% Street West 49% Street from France Avenue to West of Halifax Avenue West 50th and France Ring Street, Halifax Avenue to France Avenue Proposed Street from West 51st Street and France Avenue to West 50th Street and Halifax Avenue and at'the h'earlng 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 con- struction of said improvements including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: 2. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER 3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER 6. CONSTRUCTION OF STORM SEWER 114 AND APPURTENANCES IN THE FOLLOWING: 7. CONSTRUCTION OF ORNAMENTAL LIGHTING L-7 IN THE FOLLOWING: 110 5/19/69 No. 1 Above STREET IMPROVEMENT NO. BA-150 No. 2 Above STREET IMPROVEMENT NO. BA-149 No. 3 Above STREET IMPROVEMENT NO, BA-151 No. 4 Above STORM SEVER IMPROVEMENT NO, 119 No. 5 Above ORNAMENTAL LIGHTING L- 6 No. 6 Above STORM SEWER IMPROVEMENT NO. 114 No. 7 Above ORNAMENTAL LIGHTING NO. L-7 and the'area to be specially assessed therefore for Street Improvement No. BA- 150 shall include Lots 1 thru 13, incl., Block 1; Lots 1 thru 5 incl., Block 2; Lots 1 thru 4 incl., Block 3; and Outlot "A" all in Parkwood Knolls 16th Addition; and Parcel 2755, Sec. 31, T. 117, R. 21. The area to be spec- ially assessed for Street Improvement No. BA-149 above shall include Lots 1, 2 and 3, Block 1; Lots 1 thru 15 incl., Block 2; Lots 1 thru 13 incl., Block 3; all in M. P. Johnson's Prospect Hills Addition. The area proposed to be assessed for Street Improvement No. BA-151 above shall include Tracts A and E, R.L.S. #1171; Tract A, R.L.S. $11233; Tract M, R.L.S. #629; Parcels #412 and f8401, Sec. 32, T. 28, R. 24. The area proposed to be assessed for Storm Sewer Improvement No. 119 above includes all lots and tracts of land within the following described boundaries: Commencing at the Northwest corner of Lot 1, Block 2, Schey's Park View 3rd Addition; thence Southeast to a point in said Lot 1, said point being 75 feet South of the North line and 50 feet West of the East line of said Lot; thence Easterly to a point on the West line of Lot 1, Block 3, Shey's Park View 3rd Addition, 'said point beirig'93.17. feet North of the Southwest corner of said Lot 1; thence Northeasterly to a point on the Northerly line of Lot 2, Block 1, Schey's Park View Addition, said point being 80 feet Northwesterly from the Northeast corner of said Lot 2; thence Northerly to a point on the North line of Lot 2, Block 1, Schey's Park View 2nd Addition, said point being 100 feet Westerly from the Northeast corner of said Lot 2; thence Northwesterly to a point in the North line of Lot 1, Block 1, Schey's Park View 2nd Addition, said point being 140 feet West of the Northeast corner of said Lot 1, thence Northwesterly to a point in the North line of Lot 12, Prospect Hills Addition, said point being 60 feet East of the Northwest corner of said Lot 12; thence Northeasterly to a point in the West line of Lot 13, Prospect Hills Addition, said point being 228.53 feet Northerly of the Southwest corner of said Lot 13; thence Northwesterly to a point in the East line of Lot 10, Prospect Hills Addition, said point being 40 feet South of the North- east corner of said Lot 10, thence Northwesterly to a point in the North line of Lot 9, Prospect Hills Addition, said point being 70 feet West of the North- east corner of said Lot 9; thence Northeasterly to a point in the North line of Lot 8, Prospect Hills Addition, said point being 50 feet Northerly of the Northeast corner of said Lot 8; thence Northeasterly to a point is the East line of Lot 7, Prospect Hills Addition, said point being 60 feet Northerly of the Northwest corner of Lot 6, Prospect Hills Addition; thence Northeasterly to a point in Tract "A", R.L.S. #971, said point being 100 feet East of the West line and 100 feet North of the South line of said Lot "A", thence East 100 feet North of and parallel to the South line of said Tract "A" to the East line of said Tract "A"; thence Northeasterly to a point on the East line of Lot I, Block 1, Dublin Hills Addition, said point being 50 feet North of the Southeast corner of said Lot 1; thence Northwesterly to a point on the West line of said Lot 1, said point being 30 feet North of the Southwest corner of said Lot 1; thence Northwesterly to a point on the West line of Lot 2, Block 1, Dublin Hill Addition, said point being 30 feet North of the Southwest corner of said Lot 2; thence Northwesterly to a point in the East line of Lot 4, Block 1, Dublin Hill Addition, said point being 30 feet North of the Southeast corner of said Lot 4; thence Northwesterly to the Northwest corner of Lot 9, Block 1, Elm View 1st Addition; thence West 60 feet along phe Westerly extension of the North line of Lot 9, Block 1, Elm View 1st Addition; thence Southwesterly to a point 430. feet North of and 70 feet East of the Southeast corner of Lot 17, Block 2, Braemar Hills 2nd Addition; thence Southwesterly to the Southeast corner of Lot 17, Block 2, Braemar Hills 2nd Addition; thence Southeasterly to a point 245 feet South of and 130 feet East of the Southeast corner of Lot 17, Block 2, Braemar Hills 2nd Addition; thence Southerly to a point on the South line of Gleason Road, said point being 50 feet Southeasterly from the North- east corner of Lot 5, Block 4, Braemar Hills 2nd Addition; thence Southeasterly t0.a point 265 feet East of and 100 feet North of the Northwest corner of Outlot 3, Braemar Hills 2nd Addition; thence Southeasterly to a point 425 feet East of and 85 feet North of the Northwest corner of Outlot 3, Braemar Hills 2nd Addition; thence Southeasterly to a point on the South line of the North 30 acres of the Northeast 114 of the Northeast 114 of*Sec, 7, T, 116, R..21, said point being 560 feet East of the Northwest corner of Outlot 3, Braemar Hills 2nd Addition; thence Southeasterly to a point on the West line of Gleason . I I 5/19/69 Road, said point being the intersection of the Southwesterly extension of the Southerly line of Lot 2, Block 1, Schey's Park View 3rd Addition and the West line of Gleason Road; thence Southerly and Southwesterly along tl~ 'West line of Gleason bad to the Southerly corner of Outlot 1, Schey's Park View 3rd Addition; thence Southeasterly to the point of beginning. The area proposed to be assessed for the cost of Lighgimg-bq3rovement No. L-6 above includes Lots 1, 2, 3, 6, 10, 11, Block 1; Lots 1 thru 12 incl., Block 2; Lots 1 and 2, Block 3; and Outlot 1, all in Bertelsen Addition; Tract A, in R.L.S. #679; Tracts A, C, D, E, F, G, H, I, J, K, L, $1, N, 0, P, R, S, in6R.L.S. ?"1050;- Tracts A, C, D, E, G, H, I, J, I<, L, 11, N, 0, in R.L.S. 111129; Tracts A, B, C, D, E, F, G, H, I, J, I<, L, 11, N, 0, P, Q, R, S, in R.L.S. 4121s; Parcel 5000 in Sec. 31, T. 28, R. 24; Tracts A and B in R.L.S. 111270. The area pro- posed to be assessed for the cost of Storm Sewer No. 114 above includes lots and tracts of land within the following described boundaries : Commencing at the Northeast corner of Lot 20, Aud. Sub, 11172; thence West to the Northliest corner of Lot 31, Aud. Sub. 1tQ72; thence South along the West line of said Lot 31 a distalice of 137.5'; thence I.7est North line of said Lot 32 to the Nest line of said Lot 32; thence North to the Southeast corner of Lot 1, Block 1, Allata's First Addition; thence West along the South line of Block 1, Allata's First Addition to the Southwest corner of Lot 3; thence South along the East line of Lot 1, Block 1, I?. H. Adams Addition to tlie Southeast corner of said Lot 1; thence West along the South line of Lots 1 and 2, Block 1, V. H. Adams Addition to the Southwest corner of Lot 2; thence North along the West line of said Lot 2, to the North- east corner of Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition; thence Uest along the North line of Lots 1 and 2, Block 1 of Replat of Lot 6, Block 1, Lund Kruse Addition to the Northwest corner of said Lot 2; thence South along tl~ East line of Lot 5, Block 1, Lund Kruse Addition and its Southerly extension to the North line of 'West 50th Street; thence East along the North line of \Jest 50th Street to the intersection of the East line of Halifax Avenue South of West 50'th Street extended North; thence South along the East line of Halifax Avenue to the Southt7est corner of Lot 54, Aud. Sub; #172; thence East along the South lines of Lots 54, 55 and 49 Aud. Sub. 11172 to a point in the South line of Lot 49, said point being 143 feet West of the West line of France Kvenue; thence South 143 feet West of and parallel to the West line of France Avenue, a distance of 72 feet; thence Vest at right angles 2 feet, thence South at right angles, a distance of 60 feet; thence East at right angles, a distance of LO feet; thence South at right angles, a distance of 132 feet; thence East at right angles to the West line of France Avenue; thence North to the point of beginning. The area proposed to be assessed for the cost of Ornamental Street Lighting L-7 listed above includes all lots and tracts of land within the following described boundaries: the Northeast corner of Lot 47, Aud. Sub.. i"172; thence !Jest along the South line of \?est 50th Street: to the No'rthwest corner of Lot 2, Bloclc'l, Stevens 1st Addition; t5ence South along the \Jest line of said Lot 2 to the Southvest corner of said Lot 2; thence East along the South line of Lots 2 and 1, Stevens 1st Addition and its Easterly extension to the East line of Halifax Avenue; thence South along tlie East line of Halifax Avenue to the Southwest corner of Lot 54, Aud. Sub, #172; thence East along the South line of Lots 54, 55 and 49, Aud. Sub. #172 to a point in the South line of Lot 49, said point being 143 feet West of the West line of France Avenue; thence South 143 feet West of and parallel to the West line of France Avenue, a distance of 72 feet; thence k7est at right angles 2 feet; thence South at right angles, a distance of 60 feet; thence East at right angles, a distance of ten feet; thence South at right angles, a distance of 132 feet; thence East at right angles to the West line of France Avenue; thence North to point of Beginning. Notion for adoption of the resolution was rollcall there were four ayes and no nay ATTEST: 137.5' South of and parallel to the Commencing at cdndcd by Councilman Shaw and on and the resolut-io 88s adopted. Nayor A- 7ZLYdL4/ ?L,. Village Clerk /' ALTEWATE PLAN APPROVED FOR HALIFAX AVENUE STREET VACATION. Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the proposal for the vacation of Halifax Avenue just south of the Ring Route which is to be completed by November 1, 1969, as a part of the 50th and France Business District improvements. This proposal is recommended by the staff and the Planning Commission and would provide a cul- de-sac on Halifax Avenue south of the vacated street. that because of the substantial increase in traffic over the past years, resi- Affidavits of Mr. Hoisington noted 5./19/69 dents vacation. It was noted that Northern States Power and Northwestern Bell Tele- phone Company had no objections to the vacation but that Minneapolis,Gas Company have requested a suitable easement coGering their gas main. Gislasen, 5205 Minnehaha Blvd., advised that he represents 130 families living on nearby streets who opppse the streetvacation on the grounds that it will force traffic on to Arden, Juanita, Indianola and Bruce Avenues and Minnehaha Blvd. These streets, he'noted, are narrow and not intended for thru traffic which would be particularly hazardous-for children walking to Arden Park. Gislasen pointed out that France Avenue will always carry a large volume of traffic and that drivers will look €or alternate routes rather than drive through the traffic congestion at 50th and France. He added that Halifax Avenue is used by residents living between France and Wooddale Avenues and between 50th and 58th Streets and that traffic will increase further with the improvement of the 50th and France Business District. Concurring with Mr. Gislasen were Messrs. William J. Grace, 5037 Indianola Avenue, Charles Horn, 5100 Juanita Avenue, John E. Harris, 5017 Arden Avenue, Thomas Stevenson, 5136 Indianola Avenue, E. A. Anderson, 5117 Arden Avenue, and Mrs. W. H. Hauck, 5029 Indianola Avenue who pointed out that Planning Commission was not unanimous in its recommendation for the street vacation. Mrs. l?alker Whitley, 5117 Juanita Avenue, noted that if Halifax should be vacated, it would be difficult for emergency vehicles to obtain access to the area. Miss Marie Holton, 5117 Halifax Avenue, said that she did not sign the petition but that she favors the diagonal route. the vacation, noting that curves and hills do exist in Halirax Avenue to such an extent that it is difficult to back out of driveways. He complained also of the speed of cars using the street. The resident at 5125 Halifax Avenue, Robert Cooper, 5325 Halifax Avenue, A. L. Burgess, 5329 Halifax Avenue, N. W. Woodward, 5032 Halifax Avenue, and W. B. Spaulding, 5121 Halifax Avenue, all spoke in support of the street vacation. Mayor Bredesen stated that he does -not favor any street closing which would create a private street and which would create additional problems. Following considerable discussion, Councilman Shaw moved that the vacation of Halifax Avenue be abandoned, that four-way-stop signs be installed at'52nd and Halifax and that a limited entry to the Ring Road at the north end of Halifax Avenue be provided. that this plan would provide a road which would turn and come in to the Ring Road at right angles and would discourage, but not prohibit, traffic from going either north or south. Mrs. T, J. Davies, 5036 Halifax Avenue, said that the Planning Commission would not think this plan was any better than leaving the street open as it is at present. can be made later if necessary. Councilman VanValkenburg and carried. on Halifax Avenue have submitted a petition for the proposed street Mr. Robert Mr. L. Nr. Walter Waters, 5320 Halifax Avenue, spoke in favor of Mr, Hoisington noted She was assured that changes Councilman Shawls motion was then seconded by ORDINANCE NO. 261-186 GRANTED FIRST RkADING. by Clerk, approved as to form and ordered placed on file. sented the petition of William Delaney for zoning change for Lots 1 and 2, Block 5, McCauley Heights I11 Addition from R-1 Residential District to R-2 Multiple Residential District. Mr. Hoisington noted that the Planning Commis- sion had approved R-2 zoning on these two lots as well as five others in the plat on November 1, 1967. There was also a proposal for an office develop- ment along County Road 18 at that time but zoning was withheld by Council'until the property located between Margaret's Lane and McCauley Circle was platted. Planning Commission has recommended approval of R-2 zoning on Lots 1 and 2, Block 5, McCauley Heights 111 Addition, and also that R-2 zoning be approved for the area between Margaret's Lane and McCauley Circle when that property is platted. Mrs. $Helen Delapey, owner of property in the area, noted that she is in favor of the zoning change. Councilman VanValkenburg offered Ordinance No. 261-186 for First Reading as follows : AffiilaTiitsL of..Notice were presented Mr. Hoisington pre- No further discussion was heard, whereupon ORDINANCE NO, 261-186 AN ORDINANCE AMENDING ORDINANCE NO, 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: SECTION 1. 4 (Nultiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: Paragraph 1, Multiple Residence District Boundaries of Section District R-2 : L'(50) Section 2. Lots One (1) and Two (2), Block Five (5), McCauley Heights 111 Addition : This Ordinance shall be in full force and effect from and after its passage and publication according to law. 5/19/69 INDIAN HILLS ARROWHEAD ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hois- ington presented Jndian Hills Arr0whea.d Addition for preliminary plat approval which ,approval had been continued from Meeting of May 5, 1969, so that Brauer and Associates could complete a study ,as to area. The Bruaer Study indicated that there is no reason to believe that the area would not be developed in conformance with'surrgundlng properties, since the lots are larger than thos,e in Braemar Hills and the street layout is good. Mr. W. J. Streeter, 6712 West Trail, advised that he has talked with Mr. Peter- son who has answered his questions satisfactorily. In reply to a question from the audience, Mr. HoEsiington said that Mr. Humes has not decide6 just how his property will be developed. Mr. Herman Ratelle, 6716 Arrowhead Pass, and Mrs. William F. Turner, 6608'Mohawk Trail, asked questions pertaining to topography and street layout which were answered by Mr. Hoisington. Spencer, 6605 Iroquois Trail, was told that the Post Office would be contacted before street names were- finally approved. No further discussion being heard, Councilman Courtney offered the following resolution and moved its adoption: its cbmpatability with the general Mr. Hoisington also 1 said that there is no concern about any traffic problem in the area. Mr. BernaEd RESOLUTION APPROVING PRELIMINARY PLAT OF INDIAN HILLS 'ARROWHEAD ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Indian Hills Arrowhead Addition'.', platted by Jerome J. Peterson and presented at the Meeting of the Edina Village Council of May 19, 1969, be and is hereby granted preliminary approval. Motion for the adoption of the resolu on rollcall there were four ayes ATTEST:. A1 0. 9 Village Clerk 63 LOT 10, BLOCK 2, VALLEY VIEW HEIGHTS BASEME3T VACATED, were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde advised that it is necessary to correct an easement situation in Lot 110, Block 2, Valley View Heights and that upon the vacation of the existing storm sewer easement, Mr. Donald R. Berg, 5900 Hansen Road, owner of the pro- perty will grant the Villagelan additional easement for the Northeasterly ten feet of Lot 10, Block 2, Valley View Heights. No objections were heard, whereupon Councilman VanValkenburg offered the following resolution and moved its adoption: Affidavits of Notice RESOLUTION VACATING STORM SEWER EASEMENT IN e WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on May 19, 1969, at 7:OO p.m., on the proposed vacation of the storm sewer easement hereinafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described storm sewer easement be and is hereby vacated: LOTLlO, BLOCK 2, VALLEY VIEW HEIGHTS The Northeasterly ten (10) feet of Lot 10, Block 2, "Valley View Heights", according to the recorded plat thereof on file in the office of the Register of Titles in and for Hennepin County, Minnesota, Motion for adoption of the resolution $ol'l-call there were four ayes and .no. ATTEST:--- - __ -. - .-.--. ___ :.__ - ..= __ -_ 3* / 1APA s? Village Clerk DEEP rete: May Laynt Caswt by Cc - BIDS tabu: Sun ( tion west - WELL PUMP REPAIR BID AWARDED. Mr. Hyde presented tabulation of two bids ived in response to.Advertisement for Bids in the Construction Bulletin on I and May 8, 1969 and in the Edina Sun on May 8, 1969. Tabulation showed 2 Minnesota Company recommended low bidder at $2,403.38 with Bergerson- 211, Inc. at $2,521.25. Councilman VanValkenburg's motion was seconded mncilman Courtney and carried for award of bid to Layne Minnesota Company. AWARDED FOR SAND, ROCK AND BITUMINOUS MATERIAL. Mr, Hyde presented Lation of bids received in response to Advertisement for Bids in the Edina in May 8 and in the Construction Bulletin on May'8 and 15, 1969. showed:: Concrete Sand:: Fisher Sand & Aggregate Company, $1.40; North- Gravel Company, Inc.,$l.40; Hedberg & Sons, $1.45;, Oscar Roberts Co., Tabula-' 5/19/69 $2.25 J. I.. Shiely Co., $2.25. Buck Shot FA-4: Fisher Sand & Aggregate Company, $2.35; Northwestern Gravel Company, $2.35; Oscar Roberts Co., $2.95. Buck Shot - FA-3: Fisher Sand &Aggregate Company, $2.19; Oscar Roberts Co., $3.05, Course Aggregate: River Warren Aggregate, Inc., $2.35; Fisher Sand & Aggregate Company, $2.40; Northwestern Gravel Company, Inc., $2.60; Oscar Roberts Co., $3.05; J. L. Shiely Co., $3.25. Gravel Base: Black Top Service Co., $1.40; B & R Rock Products Co., S1.5O;Fisher Sand & Aggregate Company, $1.60; Oscar Roberts Co. and Northwestern Gravel Company, Inc. at $1.65 each. Limestone C-A-5: $2.35 for River Warren Aggregate; Bryan Dresser Trap Rock, Inc. $2.60; J. L. Shiely Co., $3.25. Seal Coat Chips: Bryan Dresser Trap Rock, Inc., $5.20. Ready Mix Bituminous Materials: Midwest Asphalt Corporation, $5.25; Bury & Carlson, Inc., $5.25; Black Top Service Co., $5.00, Cut Back Asphalt Spec. 113152; Richards Oil Co., $0,1050; Northwestern Refining Co., $0.1110; Great Northern Oil Co., $0.1111; Bury & Carlson, Inc. $0.18, Cut Back Asphalt Spec. 113156: Richards Oil Co, $0.1100; Northwestern Refining Co,, $0,1165; Great i: Northern Oil Co., $0.1175; Black Top Service Coo, $0.145. No bids were received for Rubberized Seal Coat Asphalt or Stabilizing Asphalt. motion for purchase from recommended bidders in allccases was seconded by Councilman Courtney as follows: Concrete Sand to Fisher Sand & Aggregate Co., at $1.401 ton delivered, since Fisher Sand & Aggregate was low bidder on other items and the possibility of better service was considered; Fisher Sand & Aggregate Co. at $2,35/ton delivered for reason mentioned for Concrete Sand and also because of the possibility that no FA-4 will be used if the FA-3 from the same company is satisfactory; Buckshor FA-3 to Fisher Sand & Aggregate Co. at $2.19/ton delivered; Course Aggregate to River Warren Aggregate, Inc., low bidder; Gravel Base to*Black Top Service Co. at $1.40/ton delivered, low bidder; Limestone C-A-5 to River Warren Aggregate, Inc., at $2.35/ton delivered, low bid; Seal Coat Chips to Bryan Dresser Trap Rock, Inc. at $5.20/ton delivered; Ready Mis Bituminous Materials to Black Top Service Co. at $5,OO/ton Village P.U. and to Midwest Asphalt Corporation at $5.25/ton Village P.U. ('aat'ernate supplier needed should Black Top have a long waiting line; award to Midwest on hasis of distance to the plant) Cut Back Asphalt Spec. 113152 to Richards Oil Coo at $0.1050/gallon delivered; Cut Back Asphalt Spec. 113156 to Richards Oil Company at $O.ll/gallon delivered. Motion was unanimously carried, ASPHALT PAVING MACHINE BID AI?ARDED. Mr. Hyde presented tabulation of three bids received in response to Advertisement for Bids in the Edina Sun on May 8 and in the Construction Bulletin on May 8 and 15, 1969. Tabulation showed ' Zeco Company low bidder at $1,997.52, Arrow Equipment Company, second low bidder at $2,995.00 and Hayden-Murphy Equipment do. at $3,298.00. ing specifications, Councilman Courtney's motion for award to recommended low bidder, Arrow Equipment Co;, was seconded by Counciclman VanValkenburg and I Councilman Shawls Buckshot FA-4 to I The low bid not meet- . carried. MOWER BID REJECTED. mowgr,;fGr the golf course was from R. L. Gould & Co. in the amount of $2;900.00. The bid being high, Councilman ShawJs motion to reject the bid was seconded by Councilman VanValkenburg and carried. Mr. Hyde advised Council that the only bid received €or a GROVE STREET OILING PETITION RECEIVED. on file for processing for ailing Grove Street between Tracy Avenue and Johnson Drive. that residents be advised that the street must b,e paved as recommended by Mr. Hyde, was seconded by Councilman Shaw and carried. Petition was presented and ordered placed Councilman VanValkenburg's motion that the petition be processed but WATERMAIN PETITION RECEIVED FOR 6200 BLAKE ROAD. of Mr. George D. Vanwagenen for watermain for 6200 So. Knoll Drive. perty was assessed for a trunk watermain on Blake Road but not for lateral water- main. assessed the lateral waterm-ain charge of $1,110.05 and that it be spread on the next nine years' taxes. a lateral watermain is installed on South koll Drive, his property will be assessed for its proportionate share, with.credit being given for the $1,1.10.05, Councilman Courtney's mqtion ordering the petition for processing was seconded by Councilman Shaw and carried. ALTERNATE EXIT RE?gJESTED FOR EDINBROOK LANE ON TO T.H. 100. a petition from residents _west .of. T.H.. 100 near Edinbrook Lane requesting an alternate exit from their area to replace-the exit to be closed by the new construction on T.H. 100. Mr. Hyde noted that plans for this stretch of high- way had been approved some' time ago and that at this late date it will be dif- Mr. Hyde presented petition This pro- The petition states Mr. VanWageien's understanding that he will be Mr. Vanwagenen's petition also indicated that when .. Mr. Hyde presented I 5/19/69 I 115 ficult to make any changes. petition for study as recommended by the Village Manager was seconded by Councilman Shaw andscarried. Mrs, John Kellogg, 5009 Edenbrook Lane, and Ehe Reverend Forrest Richeson, 5004 Edenbrook Lane, pointed out dangers of inadequate access to the area and were assured that the matter would be studied by the Engineers. Councilman VanValkenburg's motion accepting the VALLEY ESTATES FIRST ADDITION final plat approval was continued pending receBpt of developer's agreement by motion -of Councilman' Oobrtney, seconded by Council- man Shaw and carried. HEARING DATES SET FOR VARIOUS ZONING MATTERS. As recommended by Mr. Hoising- ton, Councilman Courtney's motion setting the following hearing dates was seconded by Councilman Shaw and carried: Edina Realty - S. W. Corner of France Ave. at W. 5lst St, - R-1 Residential District to 0-1 Office Building District - June 16, 1969 J. A. Danens - Brookside Avenue - C-2 Commercial District to Planned Industrial District - June 16, 1969 Edwin Willson - Lot Division - Government Lot 1, S. 33, T. 117, R. 21 - June 2, 1969 * T.H. 100 BETWEEN VALLEY VIEW ROAD AND INTERSTATE HIGHWAY 494 meeting will be held with property owners and Mr. Hyde will present,progress report on June 2, 1969. BRIDGE ON T.H. 200 OVER MINNEHAHA CREEK APPROVED BY COUNCIL. Mr. Hyde pre- sented a petition signed by fifty-six property owners adjacent to Minnehaha Creek and T.H. 100 requesting that a bridge be constructed across Minnehaha Creek at T.H. 100 rather than the twin culverts proposed by the State Highway Department. Mr. Floyd Lawman, i@o;-identified himself as-a hydraulic engineer with €ianoo.ak*:CuEvert Company pointed out advantages of the twin culverts over those of a bridge. Mrs. A. Anfinson, 4613 Cascade Lane, Dr. G. Slosser, 4602 Browndale Ave., Mr. Gene F! Bennett, 4901 Browndale, Mr. Rolin Baker, 4609 Cascade Lane, and Mr. and Mr?. Donald P. Bergquist, 4612 Cascade Lane, all urged that the bridge be approved, rather than the twin culverts, contending that a bridge would be morft.aesthetically pleasing and that the twin culverts would cause back-up of debris floating down the creek. Mr. Cuyler C. Adams, 4618 Edgebrook Place, was advised that either plan would allow the same clear- age for canoists. Mayor Bredesen advised that the difference in cost between the two plans should be considered.. Mr. Walter Flumerfelt, 4911 Sunnyside Road, advised that he favors construction of the culverts. Mrs. Kathy Gravelle, 4617 Cascade Lane, pointed out the danger of a canoe capsizing while going through the culverts. offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina Village Council that the Minnesota State Highway Department be requested to construct a bridge over HirinebaBa Creek at T.H.lOO rather than the twin culverts proposed; and BE IT FURTHER RESOLVED that the Village Manager advise the Minnehota State Highway Department of the wishes of this Motion for adoption of the resolution and carried. Following eonsiderable discussion, Councilman Courtney RESOLUTION nded by Councilman VanValkenburg LOT 1, BEMK 15, NORMANDALE ADDITION DIVISION DENIED. Council that the requested division of Lot 1, Block 15, Normandale Addition would result in two lots which would not meet ordinance requirements. Council- man VanValkenburg's motion acc~~tjfig,,thelreconrmendation of the Planning Commis- sion that the division be denied Was seconded by Councilman Shaw and carried. Mr. Hoisington advised COUNCIL MEETINGS TO BE HELD AT 4:OO P.M. EVERY OTHER MEETING DURING SUMMER. Upon the recommendation. of .Mayor Bredesen, ~buncflm~~~.CauEen~~s~.~o~i~~ bhad summer~Ca~n~~~.~Meet~ngs ..bs hgld-ab 4:QQI.cp.x~ ,fB5 ehe.. s&cond,,meet,ixig eac€i!%onth. BICYCLES TO BE SOLD 'SO DEALERS ONLY AT AUCTION. Councilman Shawls motion authorizing an auction at which bicycle dealers only would participate was seconded by Councilman Courtney and carried. noted that sale of bicycles in this manner is less time consuming for Police Officers. - As recommended by Chief Bennett, It was 5/19/69 w. 69%' STREET WEST OF FRANCE AVENUE TO BE SURFACED BY ADJACENT PROPERTY OWNERS. Nr. Hyde recalled that a petition had been received for the vacation of Nest 69% Street west of France Avenue 'in order to obtain parking facilities for adjacent properties. decided if it is going to build a Regional Library in the area and recommended that the adjacent property owners surface the area at their own expense. Councilman VanValkenburg's motion instructing the Village Manager to so inform adjacent property owners was seconded by Councilman Shaw and carried. wI(E EDINA STUDY AUTHORIZED. Company will investigate the feasibility of improving Lake Edina for a cost not to exceed $3,500. motion authorizing the study, with the cost to be assessed against the project if it is approved was seconded by Councilman Shaw and carried. BENNEHAHA BLVD. CLOSING AT W. 54TH STREET DENIED. petition for closing Minnehaha Blvd. at W. 54th Street had been referred to the Traffic Safety Committee which had recommended denial. accepting the recommendation of the Traffic Safety Committee was seconded by Councilman Courtney and carried. He indicated that the' Hennepin County Library has not yet Mr. Hyde advised Council that Barr EngineeSng As recommended by 'Mr . Hyde , Councilman VanValkenburg s Mr: Hyde recalled that a Councilman Shaw's motion - JOHN NEE CASE LOST BY VILLAGE. panel had ruled against the Village in the matter of its dismissal of Johh Nee. He added that the Village Attorney has recommended against appeal of the case. CONPENSATION REVISIOk?S HELD FOR STUDY. Hri Hyde were ordered held for study be motion of Councilman Shaw, seconded by Councilman Vkklkenburg and carried. * Mr. Hyde advised Council that the arbitration Cdmpensation revisions recommended by BIDS AUTHORIZED FOR WATERMAINS;:2%3 AND 244 AND STORM SEIJER NO. 119. recommendation of Mr. Dunn, Councilman VanValkenburg offered the following resolution authorizing advertisement for bids for Watermains 243 and 244 and for Storm Sewer 119 and moved its adoption: Upon the RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVE3BNTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR WATERMAINS 243, 244 AND STORM SEWER NO. 119 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1, The plans and kpecifications for the proposed improvements set forth in the following Advertisement fqr Bids form,.heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids for improvements : (Official Publication) HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS WATERMAINS 243, 244 AND STORE1 SAER 119 BIDS CLOSE JUNE 13, 1969 VILLAC~E OF EDINA SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801W. 50th St., at 11:OO A.M., Friday, June 13, 1969, and the Edina Village Council will meet at 4:OO P.M. on Monday, June 16, 1969, to consider skid bids for the construction of Natermains and Storm Sewer. The following are approximate quantities' of major. items: . WATERMAIN NO. 243 AND WATERMAIN NO. 244 3470 7 8 6" Gate Valves L/F 6" D.I.P., Class 5 Watermain Standard Fire Hydrants with 6" Gate Valves 40 Standard House Services izoo S/Y sod # 4000 C/Y Excavation 8600 S/Y 8" Thick Class 5 Gravel STORE SEVER. NO. 119 1548 L/F 36", 30?, 24", 15ir and 12" R.C.P. 213 L/F 12" Bituminous Coated C.M.P. 13 Standard Manholes and Manhole Catch Basins *I 1400 S/Y Sod Work must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered un- less sealed and accompanied by cash deposit, bid bond or certified check pay- able to the Village Clerk in the amount of at least ten '(10) percent of amount .! Plans'and specifications are available for a 5/19/69 of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. The Council reserves the r-&ht to reject any or all bids. .- Florence B..Hallberg Village Clerk Motion for adoption of the resolution on rollcall there were four ayes an ATTEST : nded by Councilman Courtney and Village Clerk ORDINANCE NO. 194 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 194 which provides for impounding unoccupied vehicles found in violation o'f Ordi- nance No. 191A, whereupon Councilman VanValkenburg, noting that amounts in the ordinance would be left blank until the contract is signed, offered Ohdinance No. 194 for Eirst Reading as'fol-lows:'. . ' ORDINANCE NO. 194 AN ORDINANCE PROVIDING FOR THE IMPOUNDING OF UNOCCUPIED VEHICLES FOUND TO BE 'IN VIOLATION OF THE TRAFFIC ORDINANCE (NO. 191A); AUTHORIZIhIG DESIGNATION OF A POUNDKEEPER: AND IMPOSING IMPOIJ~DING AND STORAGE CHARGES. THE VILLAGE COUNCIL OF THE VILUE OF EDINA, MINNESOTA, ORDAINS: wherever found violating the provisions' of Ordinance No. 191 may be immediately removed and impounded by the police officer in the manner hereinafter provided, and shall only be surrendered to the duly,identified owner thereof upon the payment of the fees hereinafter provided. Bids for Pound Keepers. The Village Manager or his deputy shall advertise for bids by persons, firms, or corporations desi'ring to act as pound keepers of vehicles impounded under the provisions of this oridnance. Only , persons, firms or corporations conducting public 'garages shall be entitled to bid for the right to perform the duty of'pound keeper. The notice'to bidders shall be published not less than 10 days before opening of bids by the Village Manager or his deputy. right to reject all bids. received, shall be referred to the Village Council and by it considered. The Village Council in its discretion, may direct that bids be asked for service from year to year, or for a period of not more than 5 years, or for a period of one year with option in the Village Council to renew the .yearly contract, but such renewals shall not exceed 4 additional years. After the acceptance of the successful bid and the designation of the pound keeper, any vehible ordered to be impounded by the police officer or any other duly authorized person shall be immediately taken charge of by the pound keeper, and said vehicle shall be released to the duly identified owner of said vehicle only upon payment of fees required in this ordinance: Sec. 4. Bond, The person, firm, or corporation whose bid is accepted shall file with the Vi3lage Clerk a bond in the sum of $ upon the proper handling and safekeeping of,impounded motor vehicles, accessories and personal property,, reimbursement of the Village and owners for loss thereof, and to guarantee payment to the Village of'fees due under its contract. with the impounding of any vehicle shall not exceed the amount agreed upon in the current contract between the Village and the pound keeper, a true and correct copy of which shall be on file in the office of the Chief of Police for public inspection and reference, and the schedule of charges of such cur- rent contract is hereby made a part of this ordinance as fully and to the same effect as if set forth verbatim herein. The said towing charge shall include- The sum of $ the pound keeper to the Village Treasurer on or before the 10th day of each month. with a capacity not exceeding one ton. ing shall be $ and for each succeeding day thereafter, $ has tagged a vehicle to be impounded and.where $he owner or operator thereof appears before the tagged vehicle has been hooked to the tuw truck and the wheels thereof hoisted from the ground, the tow truck operator shall release the said vehicle without the payment of any fe& or towing charge. Where the tow truck operator has any such vehicle on the hoist and the wheels thereof raised from the ground 'before the owner or operator thereof appears, he shall Section 1. Unoccupied Vehicles May Be Impounded. Any unoccupied vehicle Sec. 2. The 'notice shall state that the Village'reserves the Sec. 3. Referral to Village Council; Acceptance of Bids. Such bids, when , conditioned Sec. 5. Towning and Storage Charges. The Lowhg charge in connection * for clerical and administrative expenses incurred by the Village. for each vehicle, collected as aforesaid, shall be paid by $ The towing charge shali apply only to passenger cars and light trucks Storage charge for the day of impound- Sec. 6, Charge When Owner Appears Before Towing. Where a police officer I 5/19/69 I release the same upon the payment of a service fee to not exceed $ 1 and give a receipt for such payment. ' Sec. 7. Tow Truck Operator To Have Identification Certificate. The Chief of Police and the impounder under contract with the Village jointly shall see to and require that every tow truck operator answering a request by the Police Department for the towing and impounding of any vehicle shall have in his possession a true identification certificate, issued by the Chief of Police. NO person shall act as a tow truck operator in answering any request from the Police Department'for the towing of any vehicle to be impounded without having in his possession such identification certificate herein pro- vided for, and such tow truck operator shall exhibit such identification card to the owner of the vehicle or his agent upon request therefor, and shall truthfully answer any proper questions pertaining to the impounding of the vehicle. The police department will endeavor to notify record owners of impounded vehicles not claimed within a reasonable time of said impoundment by telephone or by letter upon receipt'of records of ownership from the Secretary of State. impounded as herein provided, from the ti-me it is talcen possession of by the pound keeper and during the time it is impounded, and until the same is released to the owner as herein provided, shall be considered to be in the custody of the law, and no work shall be done thereon by the pound keeper, nor shall he permit anyone to do any work thereon except the impounding and storage thereof by his 'employee or his agent, until such car shall be released to the owner as herein provided. All such cars when released shall be released to the owner without further charge than the impounding and storage fees herein provided. The pound keeper during the time the vehicle is impounded shall not permit the owner or any other person to take or remove from the vehicle any part or parts, or change or repair any part-or parts. involved in criminal proceedings, and',which are designated by ,the Police Department as,being held for that reason; shall be held and stored in inside garages or on licensed parking lots. Sec. 10. Release Form. Upon return of the vehicle the pound keeper shall release the same by a release in writing which shall state the date of such release together with the charges enumerated' thereon and the purpose for which such charges were made. Such release shall be made in one original and three copies. all of which shall be signed by the pound keeper and the person to whom such release is made.. The Pound keeper shall retain the original of such release and shall deliver one copy thereof to the owner of the vehicle and two copies to the Police Department. shall deliver one to the Village Clerk. or indirectly, the impounding or towing of cars under this ordinance. If any unoccupied vehicle is found upon the streets of the Village in such a damaged condition as a result of accident or disrepair that it cannot be driven, and is so located as .to constitute an obstrucFion of the street, the same may be ordered impounded by the police officer; provided,'that if the owner or operator thereof has requested, or does request that such vebicle be towed-to his own or to any garage other than the pound keeper's, neither the pound keeper nor the police officer, nor anyone else, shall order such vehikle to be impounded in any public pound unless thepolice officer: considers possession of such car is necessary in the prosecution of any person for violation of law. vehicle is found or recovered under circumstances which do not give the Police Department or the pound keeper knowledge OF means of inquiry as to the true owner thereof, the Police Department shall immediately report such facts in writing to the Village Clerk and Village Attorney, and if they are of the opinion that the value of such vehicle justifies the giving of the notices of sale on such vehicle as unclaimed property under Ordinance No. 18 of the Village, they shall give such notices and sell such vehicles as unclaimed personal property under said ordinance, accounting for and dkfiositing the pro- ceeds of sale with the Village Treasurer as therein provided. used by police officers when directing 'the towing and impounding of a vehicle. Such red tag shall be in the form prescribed by the Chief of Police and shail contain such' information as may be deemed neceSsary'inc1uding the make and * license number of the vehicle so tagged, the d,ate and time of offense and the offense charged, and any further information whlich the.Chief of Police shall deem necessary and advisable.. It shall not be necessary for the+police officer to awaif the arrival of a tow truck, and when said vehicle is towed and impounded by a duly authorizedwing agency, it shall be the duty of the towing agency Sec. 8. Police Department to Notify &ners. Sec, 9. Storage of Impounded Vehicles. Any vehicle directed to be * All vehicles which have been 4 Of such two copies the Police Department Sec, 11. Damaged Vehicles. The pound keeper shall not solicit, directly . Sec. 12. Sale of Vehicle Where Owner Cannot Be Identified. *If*any such Sec, 13. Report of Police.Officer. Red-colored traffic tags shall be 5/19/69 m 02 a Q to prepare a written report of the description of the vehicle with any inventory of any personal properties visible therein at the time of the arrival of the vehicle at such pound. license numbar of the motor vehicle and the time of arrival at the pound, together with a statement of the condition of the vehicle with regard to damaged parts and such other information as may be necessary to adequately describe the vehicle and property. See. 14. Liability and Property Damage Insurance. The.pound keeper most carry liability, property damage and fire insurance in a good reliable insurance company licensed to do business in the State of Minnesota, which shall catitain coverage in an amount of not less than $ than..$". total in any one accident, and not less than $ property coverage; and shall furnish'and file with the Village Clerk a certifi- cate of such insurance of the insurer, which shall contain a clause providing for a 10-day notice to the Village before cancellation. If bond or policy of insurdnce is cancelled, the pound keeper,, before date of cancellation, shall furnish and file a similar new certificate. ions hereof shall automatically cancel the contract as of the date of the cessation of such liability, prop-erty and fire,insurance coverage. constitute part of any bid advertised by the Village Manager or his deputy and of any contract entered into with the Village by any pound keeper, as fully and to the same effect as if set forth at length in said bid.or contract and if any part of portion of any such Fontr,act entered'into shall be inconsistent ,with the terms of this ordinance, the pkovisions hereof'shall in all respects p revai 1. Sec! 16. Tow Sheets and Receipts. Every poundkeeper'operating under the terns of this ordinance pursuant to a contract with the Village shall ataall times make and keep a "tow sheet" on all tows which shall show the time and date of towing and impounding; the make, license number, and beneral condition of the vehicle impounded. All tow sheets shall be consecutively,numbered, the original and one copy of same to be delivered to the Police Department which will, in turn, remit the'copy thereof 'to the Village Clerk. keeper, upon releasing'any vehicle impounded under the terms of this ordinance, shall gi've to the owner. or his agent a receipt for any moneys paid by such owner or his agent to the pound keeper at the time of the release. ORDINANCE NO. 58-A GRANTED FIRST READING. Councilman VanValkenburg offered Ordinance No. 58-A for First Reading aa:!fol- . lows : The description and inventory must include the make and . to any one person and not less fire and Failure to comply with the provis- . Sec. 15. Ordinance to Be Included in Bid. This ordinance shall be and Every pound Upon the recommendation of Mr. Hyde, ORDINANCE NO. 58-A AN ORDINANCE AMENDING ORDINANCE NO. 58. RELATING TO REGULATING STEAM BATHS. mAT BATHING ROOMS, BATHROOMS AND RESTROOMS, AND THE INSTALLATION, CONSTRUCTION AND MAINTENANCE OF 'PUBLIC PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, .ORDAINS: Section 1. is hereby amended to read as follows: "Section 2. Construction Requirements. (a) All public steam baths, heat bathing rooms, restrooms and bathrooms shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. joints shall be constructed to provide a sanitary cove with a minimum radius of 3/8 inch." Section 2. This ordinance shalJ be in full force and effect immediately upon its passage and publication. Paragraph (a) of Section 2 of Ordinance No. 58 of the Village The floor to wall ORDINANCE NO. 121-A $DELPTED. Mr. Hyde presented Ordinance No. 121-A-1 amend- ing the qualifications for the Village Public Health Sanitaria3 and Deputy Public Health Sanitarian, advising that he was unable to find/w%O%t previous qualifications at a reasonable salary. Councilman Shaw then offered Ordinance No. 121-A for First Reading with waiver of Second Reading and moved its adoption -. as follows: ORDINANCE NO. 121-A- 1 AN ORDINANCE AMENDING ORDINANCE NO. 121-A RELATING TO QUALIFICATIONS OF' VIL~GE DEPUTY FUBLTC HEALTH' SANITARIAN I THE VILLAGE COUNCIL OF TW VILLAGE OF EDINA, MINNESOTA, ORDAINS:' amended to read as follows: Health Sanitarian shall be appointed by the Village Manager. also appoint a deputy Public Health Sanitarian, who shall assume all the duties of the Public Health Sanitarian during his absence or disability. Health Sanitarian and his deputy shall be qualified for such position by Section 1. "Section 6 Section 6 of Ordinance No. 121-A of the Village is hereby Village Publcc Health Sanitarian: Deputy. The Village Public The Manager may The Public 5/19/69 academic training or experience in matters concerned with and related to public health. Motion for adoption of the ordinance w on rollcall there were four ayes and n ATTEST : by Councilman Courtney and -dLd#L, Mayor- Village Clerk 4 I PEDDLERS AND SOLICITORS ORDINANCE REVIEQ PROPOSED. amendments are needed for the Peddlers and .Solicitors Ordinance. said that he would like to meet.witli the 'Council and the Village Manager to discuss possible revisions to the ordinance. before drafting any amendment. Mr. Hyde advised that some Mr. Spencer . T.H. 100 AT W. 77TH BY LEGISLATURE. Mr. adopted Chapter 260 STREET INTERCHANGE LOAN TO STATE HIGHWAY DEPARTMENT APPROVED . of Laws of Minnesota, 1969, authorizing the loan of money Hyde advised Council that the Minnesota State Legislature by the Village to the State for the Bonstruction of the interchange at T.H. 100 at W. 77th Street and that to be effective, the Law must be approved by a resolution ,adopted by the Council and filed with the Secretary of Stat'e. recommended by Mr. Hyde, Councilman Shaw then offered the following resolution and moved its adoption: As A RESOLUTION APPROVING LAWS 1969, CHAPTER 260, A SPECIAL LAW APPLYING TO THE VILLAGE BE IT RESOLVED by the Village Council of the Village of Edina that Laws 1969, Chapter 260, entitled "An Act Relating to 'the Village of Edina: Authorizing the Village to Advance Cash and Engineering Services to the Commissioner of Highways to Expedite Highway Construction and Improyements Within the Village'; Authorizing the Village to Issue Bonds for Such Purpose; and Authorizing an Agreement Between the Commissioner of Hlghways and the Village for Such Purpose", is hereby approved, and the Village Clerk is hereby authorized and directed to file with the Secretary of State a certificate stating the essential facts necessary to the valid approval of said law by the Village, including a copy of this resolution. Motion for adoption of the resolution was seco on rollcall there were four ayes and no nay ATTEST : e by Councilman Courtney and andsthe resolu n was adopted. & @ Mayor &d 4 Village Clerk P-1 SPECIAL ASSESSENT LEVY APPROVED BY STATE LEGISLATURE. Mr. Hyde advised Council that the State Legislature adopted Chapter 396 of Laws of Minnesota, 1969, approving special assessment levy for Parking Improvement P-1. Council- man Shaw thereupon offered the following resolution and moved its adoption: A RESOLUTION APPROVING LAWS 1969, CHAPTER 396, A SPECIAL LAW APPLYING TO THE VILLAGE BE IT RESOLVkD by the Village Council of the Village of Edina that Laws 1969, Chapter 396, entitled "An Act Relating to the Village of Ediqa; Authorizing the - Levy, Collection and Relevy of Special Assessments for Automobile Parking Facilities", is hereby approved, and the Village Clerk3 is hereby authorized and directed to file with the Secretary of State a certificate stating the essential facts necessary tosthe valid approval of said law by the Village, including a copy of this resolution. Motion for adoption of the resolution was s con rollcall there were four ayes and no ATTEST : 4 I- jk&- Yh, Village Clerk STREET IMPROVEMENT BA-148 TO BE CHARGED TO MAINTENANCE. Mr. Hyde recalled to Council that if Street Improvement BA-148 Qs to*be paid from State Aid Funds, it will be necessary to restrict parking on W. 54th Street to one side of the street only and recommended that the cost be paid from maintenance funds. VanValkenburg's motion that cost of B&-148 be paid from street maintenance funds was seconded by Councilman Shaw and carried. Councilman PARKhlG RESTRICTED ON W. 66TH STREET BETWEEN T.H. 100 AND RIDGEVIEW DRIVE TO ONEI SIDE OF STREET ONLY. to one side of W. 66th Street between T.H. 100 and Ridgeview Drive (BA-110), Uponrithe recommendation of Mr, Hyde that parking $e asstricted 5/19/69 Councilman Courtney offered the following resolution and moved its adopt- ion : WHEREAS, W. 66th Street between T.H. 100 and Ridgeview Drive is 36 feet in width, which width is considered inadequate to pehnit parking on both sides of the street; NOa, THEREFORE, BE IT RESOLVED by the Edina Village Council that parking be restricted to one side of W. 66th Street between T.H. 100 and Ridgeview Drive. Motion for adoption of the resolution rollcall there were four ayes and no ATTEST : RESOLTUION RESTRICTING PARKING ON WEST 66TH STREET . GLEASON ROAD FROM SCHEY DRIVE TO LOCHbIOOR DRIVE PARKING RESTRICTION APPROVED. Upon the recommendation of Mr. Hyde that parking be kestricted to one side of Gleason Road between Schey Drive and Lochmoor Drive (C-loo), Councilman Van 'Valkenburg offered the following resolution and moved its adoption: WHEREAS, Gleason Road between Schey Drive and Lochmoor Drive is 36 feet in width, which width is considered inadequate to permit parking on both sides of the street; NOW, THEREFORE, 'BE IT RESOLVED by the Edina Village Council that parking be restricted to one side of Gleason Road from Schey Drive to Lochmoor Drive. RESOLUTION RESTRICTING PARKING ON GLEASON ROAD ATTEST : FRANCE AVENUE PARKING BANNED FROM I?. 49% ST. TO W 50TH ST FROM. 4:OO 20 6 :00 P.M. Mr. Hyde recalled that he had -been .instructed. to -contact_owners- of .businesses on 50th and France and that a letter has be& received from Mr. Donald Myers urgint that parking restrictions be placed only on France Ave. north of 50th Street on the west side and south of 50th on the.east side. that Minneapolis would place a parking ban on the east side if Edina took.such action on the vest side. action be taken as he had requested in his letter. cussion, Councj.lman Shawfof5eredr,the following resolution and moved its adoption: BE IT RESOLVED by the Edina Village Council that poip&&ihg bezperrnitted on France Avenue between W. 49% Street and W. 51s< Street in Edina between the hours of 4:OO p.m. and 6:OO p.m. 1 Mr. Hyde indicated Mr. Myers appeared at the meeting and urged that Following considerable dis- RE SOLUTION Motion for adoption of the resolution and on rollcall there were four ayes Councilman VanValkenburg ATTEST : Mayor d. &lu, 4 Village Clerk VALLEY VIEW BRIDGE ON CROSSTOIJN HIGmdAY WIDENING CONTINUED. that Hennepin County Highway Department has requested Council approval of Pro- ject 16821 which provides for widening the Vallgg View Road bridge on the Crosstown Highway to allow for widening the ramp on to France Avenue. man VanValkenburg's motion continuing the matter until June 2, 1969, in orde+ . that further:study can be made was seconded by Councilman Shaw and carried. ' COUNTY ROAD 39 AND CSAH 18 INTERSECTION APPROVED. for County Project 6914 (intersection of CSAH 18'and County Road 38) and recom- mended approval, whereupon Councilman Courtney offered the following resolution .and moved its adoption: WHEREAS, Layout "F", dated April 30, 1969, for Hennepin County Project No. 6914 showing proposed alignment for the construction of County State Aid High- way No.. 18 within the limits of the Village prepared and presented to the Village : NOW, THEREFORE IT IS RESOLVED that said Layout be in all things approved. Mr. Dunn advised Council- Mr. Dunn presented Layout F RESOLUTION as a State Aid Project have been 5/19/69 Motion for adoption of the resolution was s and on rollcall there were four ayes and no ATT ST: hL-r+4L d4Yh/ Village Clerk POLICE RADIO SYSTEM APPROVED. Mr. Hyde presented a memorandum and tabulation of bids received froH @&?4 Bannett requesting authority to purchas a new radio system for the Edina Police Department with Hennepin County. The total cost for the system is $5,792~00, which is higher than the $4,500.00 allowed in the Budget. federal funds ,for the portion o'f the system which will be used for Civil Defense purposes. The remaining difference is for purchase and installation of a special tower for the atnenna for the system. IZhieTzBennett recommended -purchase of the system since the present radio system is becoming obsolete and more difficulty is incurred in transmitting even within the Village and since the new system will be tied in with all other police frequencies within Henne- pin County. Some discussion followed, after which Councilman Shawls motion approving purchase of the police radio system as recommended by Chief Bennett, was seconded by Councilman Courtney and carried. SOUND SYSTEM PURCHASE AUTHORIZED. As recommended by Mr. Dalen, Councilman Shaw's motion authorizing the expenditure of up to $1,000 for'a sound system with four microphones for the Council Room was seconded by Councilman Courtney and carried. $600.00 of this amount will be refunded through application for ABOVE-GROUND SWIMMING POQLSYTO'BE CHECKED. audience said that he had purchased an above ground swimming pool and that the company from which it was purchased had said that the Village would not grant ' a permit for its installation. the ordinances and advise him if this type of pool is permitted in the Village. CLAIMS PAID. Shaw and carried for payment of the following claims as per Pre-List: eral Fund, $40,130.36; Construction Fund, $122,650.51; Park, Park Construction, Park Sinking, Swim Pool, Arena and Golf Course, $22,533.57; Water Fund, $17,383.49; Liquor Fund, $79,552.93; Sewer Rental Fund, $4,343.66; Improvement Funds, $179,179.83; Total, $465,774.35. An unidentified gentleman in the He was advised that Mr. Hoisington will check Councilman VanVa1kenburg's.motion was seconded by Councilman Gen- The agenda having been covered, Councilman Shawls motion for adjournment wa,s seconded by Councilman Courtney and carried. Adjournment at f'l:15 p,m, Village Clerk 4