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HomeMy WebLinkAbout19570610_regular6/10/57 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, JUNE 10, AT 7~30 P.M.9 1957, AT THE EDTNA VILLAGE HALL Members answering Rollcall were Bank, Dickson, Fronk, Tupa and Bredesen. Minutes of the Regular Meeting of May 27, 1957, were approved, by motion Fronk, seconded by Dickson and carried. PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT IN BROOKVIEW HEIGHTS -SOUTH PART OF NORMANDALE SECOND ADDITION was called, pursuant to "Notice of Public Hearing on Proposed Sanitary Sewer Improvement", published in Edina-Morningside Courier May 30 and June 6, 1957. Affidavit of Publication of Notice was submitted by Clerk, approved as to form and ordered placed on file. that this proposed improvement has been introduced as a package to serve the South part of Normandale Second Addition (in addition to Brookview Heights Addition, which has petitioned for the service) because the section of Normandale Second Addition included in this proposal must be served from Trunk Sewer No. C-1; that this section will eventually tie into the lot* main proposed for a part of Brookview Heights; and that, because of €his it is only equitable that these properties should pay their share of the expensive cast-iron connection across the swamp to Nine-Mile Creek. Manager Hyde explained that bids had been taken this morning; that as a result of the bids, the following Estimates of Cost had been prepared: (Estimates based on proposal of low bidder) Engineer Zikan explained He showed Vu-Graph Slide for the benefit of the audience. If the entire area (Brookview Heights and part of Normandale Second Addition) is to be served, the estimated cost for Lateral Mains would be as follows: 1. On Base Proposal - Entirely in streets, with no tamping 2. On Alternate - Entirely in streets, with tamping $11.14 '', 3. On Alternate "A" - In Easement in lieu of West Service 4. On Alternate "B" - In Easement in lieu of West Service $9.82 per Front Foot. It I? 18 I* Drive - with no tamping $9060 *' 0 It tI It Drive - with tamping $10.93 $039 With the Trunk Charge to be Messrs. Hyde and Zikan explained that some of the residents facing Normandale Road were of the opinion that the main to serve them should be on an easement at the back of their properties, rather than in the West Service Drive, because their plumbing is constructed for a back connection. It was also explained that bids were taken on tamping because some residents do not take kindly to living with bad street conditions during the spring after constructions, and the only way to insure good streets is to require the contractor to tamp mechanically. The Village Clerk reported receipt of a petition against the improvement, signed by property owners on Tingdale and Rolf Avenues between W.65th and W.66th Streets and on W.66th Street between Wilryan and Tingdale Avenues; and Dr. Erling Hansen, 6526 Tingdale Ave., led a good sized delegation opposing construction on W.66th Street and North thereof. Mr. Flesher stated he believes that the Normandale Second Addition area should bear none of the cost of construction; that, if Brookview Heights wants the sewer it should dpay for Mr. Bredesen told the audience that, because of the Engineer's explanation, the Council feels that the trunk connection charge should be made for the entire area, even though it is decided to eliminate some of the laterals in accordance with the owners' request. lib. Bredesen then asked if there was anyone present in favor of construction of sewer North of W.66th Street. No one spoke in favor; and Fronk offered the following Resolution and moved its adoption: . RESOLUTION ORDERING IMPROVEMENT BE IT RESOLVED by the Council of the Village of Edina, Minnesota, this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: Abercrombie Drive from Ridgeview Drive to Duggan Plaza; Tifton Drive from Ridgeview Drive to Duggan Plaza; Duggan Plaza from Ridgeview Drive to Meadow Ridge; Everett Place from Abercrombie Drive to Duggan Plaza; Ridgeview Drive from Abercrombie Drive to W.66th St,; Meadow Ridge from Ridgeview Drive to Duggan Plaza; Danens Drive from Ridgeview Drive to Duggan Plaza; Circle Drive; Warren Ave. from Darnens Drive to W.63rd St.; Naomi Drive from Danens Drive to W.66th St;; W.Service Dr. from Church P1. to W.66th St., or along easements in Block 1, Brookview Heights 1st Addn. and unplatted property from Duggan Plaza to W.66th St.; W.66th St. from Ridgeview Dr. to Wilryan Ave,; Mildred Ave. from 175' N. of W.65th St. to 345' N. of W.65th St.; Rolf Ave. from W.66th St. to W.65th St.; Tingdale Ave. from W.66th St. to W.65th St.; W.7Oth St. from Trunk Sewer to Rabun Drive; Rabun Dr. from W.70th St. to Abercrombie .Dr.; Church P1. from Abercrombie Dr. to W. Serv. Dr.; W.70th St. from Trunk Sewer to Railroad Tracks; 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 and IPlessrs. Frank Waller, 5101 W.66th St., 6541 Tingdale Ave., of it. At this latter objection, however, SANITARY SEWER IMPROVEMENT NO0128 ' CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOYllING STREETS: 6/10/57 being fully advised of the pertinent facts does hereby determine to proceed with that portion of the proposed improvement hereinafter set forth: CONSTRUCTION OF SANITARY SEVER AND APPURTENANCES IN THE FOLLWING STREETS: Abercrombie Drive from Ridgeview Drive to Duggan Plaza. Tifton Drive from Ridgeview Drive to Duggan Plaza. kggan Plaza from Ridgeview Drive to Meadow Ridge. Everett Place from Aberc4rombie Drive to Duggan Plaza. Ridgeview Drive from Abercrombie Drive to W.66th St. Meadow Ridge from Ridgeview Drive to Duggan Plaza. Danens Drive from Ridgeview Drive to Duggan Plaza. Circle Drive. Warren Ave. from Danens Drive to W.66th St. Naomi Drive from Danens Drive to W.66th St. W. Service Dr. from Church P1. to E'J.66th St., or along easements in Block 1, Brookview Heights 1st Addn., and other unplatted property from Duggan Plaza to CY,66th St. ;W.66th St. , Ridgeview Drive to Naomi brive W.70th St. from Trunk Sewer to Rabun Drive. Rabun Dr. from W.7Oth St. to Abercrombie Dr. Church P1. from Abercrombie Dr. to VI. Serv. Dr. W.70th St. from Trunk Sewer to Railroad Tracks. that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 128; and the areas to be specially assessed therefor shall be as follor~s: 1. For Trunk Connection and Lateral Construction - All lots and tracts of land abutting the above described streets; except that the area abutting VI.7Oth Street on the South, between Highway #lo0 and the Railroad Traoks shall not be assessed. For Trunk Connection Only - All lots and tracts of land abutting the following streets: Naomi .2. W.66th St. from Rirtgwi.err Drive to Wilryan Ave. Warren Ave. from VL66th St. to 1.63rd St. Mildred Ave. from 175' N. of N.65th St. to 345' N. of W.65th St. Rolf Ave. from W.66th St. to W.65th St. Tingdale Ave. from I'J.66th St. to W.65th St. Motion for adoption of the Resolution was were five ayes and no nays, as follows: Bank, edesen, aye; and the Resolution was Manager Hyde then told the Brookview Heights contingent that on the above basis, the Estimate of Cost would be $10.57 per front foot if the server were to be constructed entirely in the streets; $10.29 if the easement were used; that the cost would be approximately $1.30 per foot higher if contractor temped mechanically. present signified its willingness to forego the mechanical tamping. objections registered from Ebokvievr Heights, and none had been received prior to the meeting . PUBLIC HEARIEG ON PROPOSED TRUNK AND LATERAL WATERMAIN IMPROVEMENT FOR PART OF NORMAN- DALE SECOND ADDITION was called, pursuant to "Notice of Public Hearing", published in Edina-Morningside Courier May 30 and June 6, 1957. Affidavit of Publication was read by Clerk, approved as to form and ordered placed on file. Engineer Zikan showed a Vu-Graph Slide of the proposed improvementl; and his Estimate of Cost was given as $5.96 per Assessable Front Foot for the Lateral and $.74 for the Trunk, making a total of $6.70 per Front Foot for those properties receiving Lateral Service. It was explained that petitions for watermain have been received from properjy owners on Tingdale Avenue between W.63rd and W.65th Sts. and on Wilryan Ave. between Z"d63rd and IV.64th Sts.; that it is known that when the area is fully built up a 10" Trunk Main will be needed to maintain pressure; that it is more economical for all.concerned to construct the 10" main, now, together with all the laterals, than it will be to construct the system piecemeal; that construction of the system will bring down fire insurance rates and thus effect a savings to property owners. Mr. Zikan recommended the proposed project as the most economical, efficient type of construction, but stated that petitioners can be served, now, without the 66th Street Trunk main, by construction of cross-street mains on W.63rd St. between Wilryan and Tingdale Avenues and on W.65th Street between Tingdale and Rolf Avenues, at an Estimated Cost of $6.38 per Assessable Foot for the Lateral Service only. Petitions against conStruction in Josephine Ave'nue between 63rd and 64th Sts., and in Mildred Avenue between 64th and 65th Sts. were filed; and J4.r. I.. Joseph FLesher, Jr.,6541 Tingdale Avenue--who stated he was speaking for the owners of residences on Tingdale, Rolf and Wilryan Avenues .betvreenlbSth and 66th Sts-said all owners in this location objected; that he feels there will be no need for water in this area for the next 25 years. Kennedy, also objected to construction in their area. the Petitioners, and one man b@twm- 64th and 65th St, on \'J'Jilryan Avenue. Delegation There were no I I Fh. J.R. F;oegering,6525 Tingdale Ave., and a Mr. The only proponents were * 4 -1- # . 6110157 15 I .. Further discussion was had, with Council and aanager Hyde pointing out the advantages of constructing the proposed improvement, now--decrease in fire insurance rates, economical construction, and the opportunity of connecting to village water when needed; the Council informing the audience that it is the consensus of the Council's opinion, that, if the trunk main project is abandoned now, the properties which do not have lateral service should bear the entire cost of the trunk main at the time it constructed--but objectors remained adamant, stating they have wells and do not need the Village service. Trustee Bank, in offering the following the-faihwing Resolution, stated that the Council wishes to go on record as having informed those present that abandonment of the project as planned, and necessary construction of the trunk main at a later date, will mean considerable more expense to them than the abandoned plan; that Engineer and Council do not recommend as economical or of general public benefit the construction dpproved in this Resolution; that approval is given for the benefit of those petitioning for, desiring and needing water service at once: RESOLUTION ORDERING IMPROVEMENT WATERMAIN IMPROVEMENT NO. 121 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF VILLAGE TRUNK AND LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS: Rolf Avenue from W.65th Street to W.66th Street; Tingdale Avenue from W.63rd Street to W.66th Street; Wilryan Avenue from Roberts Place to W.66th Street; Josephine Avenue from W.64th street to W.66th Street; Highway #lo0 from W.66th Street to N. Line of Brookview Heights; YL63rd Street from Rolf Avenue to Tingdale Avenue; W.64th Street from Nilryan Avenue to Josephine Avenue; W.66th Street from Naomi Drive to Highway #loo. and at the hearing held at the time and place specified in saiC notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement as follows: CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOVVING STREETS2 . . Tingdale Avenue from 1.63rd Street to W.65$h Street; Wilryan Avenue &~ofRo@~r& ghtce to W.64th Street; W.63rd Street/?rom Wzlryan Avenue to Tingdale Avenue; W.65th Street from Tingdale Avenue to Rolf Avenue. and the area to be specially assessed therefor shall include all lots and tracts of land abutting those portions of Tingdale and Wilryan Avenues proposed to be improved . Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Ban Dickson, aye; Fronk, aye; Tupa, d Bredesen, aye; and the Resolutio Village Clerk PUBLIC HEARING ON PLAT OF NE1/4 OF NE1/4, SEC.31rT.28,R.24 (AREA BETWEEN W.70TH AND W.72ND STS. AND BETWEEN FRANCE AVE. AND DAWSON LANE EXTENDED SOUTH, AND THE PROPOSED LAND USEAGE OF SAID PLAT. Clerk presented Affidavit of Publication of "Notice of Hearing" in Edina-Morningside Courier May 30, 1957, Affidavit of Posting said Notice May 28, 1957, and Affidavit of Mailing said Notice June 3, all of which affidavits were approved as to form and ordered placed on file. The Planning Commission's recommendations were briefly reviewed; and the Public Hearing was conducted upon the following requests by the Stow Company, developer, for rezoning and special permits: 1. REZONING OF BLOCK 1, Preliminary Plat, from Open Development District to Community Store District--the N1/2 to be for a Service Station, and the S1/2 for other Community Store purposes. REZONING OF BLOCK 2 (East 190 Ft.2, Preliminary Plat, from Open Development District to Community Store District. SPECIAL PERMIT FOR DOUBLE DWELLINGS - Lots 1,2,3,4 and 5, Block 2, Preliminary Plat. SPECIAL PERMIT FOR APARTMENT COURT - Block 9, Preliminary Plat. 2. 3. 4. I Clerk presented Petition Against Rezoning, signed by owners of some 30 residences in Southdale residential area; and Mr. MOR. Raskin, 4224 tV.70th Street, objected verbally, stating that one does not have to be a real estate man to realize that such rezoning will eventually bring cheaper homes to the area and that these cheaper homes will not enhance the value of one's property. Mr. C.M. Carlson, 6921 Dawson Lane, was that he purchased 'kesidential" property and does not want encroachment by commercial interests. Vu-Graph slides of the type of double bungalow he expects to construct, and The objection of Developer Stow showed also of the general type of apartment dwelling planned. opposing contingent , "Why would commercial on W.70th Street benefit us?" Mr, Stow explained that it would benefit the tax structure; going on to explain that, because of the location of the-plat--with Southdale Shopping Center and "regional shopping district" zoned property to the North and Northeast, a gravel pit to the East and another to the South--it would be next to impossible to expect anyone to build a private dwelling on the corner of E'J.7Oth Street and France Avenue. ''regional shopping center" zoning East of Valley View Road and North of W.70th Street, and asked what they could do to have this property zoned back to "Open Development District". They were informed that this zoning had been in effect for some years; that payment of damages would be necessary if Council were to take any restrictive action on zoning, now. Mayor Bredesen told the audience that the Council and the Planning Commission have realized for some time that the land under discussion would be difficult to use, that the developer has had several discussions with both bodies concerning its possible useage; that the result presented here is She best seen by either board to date, with its buffers of double dwellings and apartment courts preventing "strip" zoning on both Vi.70th Street and France Avenue; that the Council and htr. Stow will both welcome constructive ideas about land useage. 1.k. Stow told the audience that a gasoline filling station is planned for the corner of 70th and France; that he feels that "neighborhood stores" would be,worthwhile for the East 1/2 of Block 2. The audience's greatest objection seemed to belkhe rezoning of part of Block 2; and Ak. Stow volunteered to substitute apartment court for the propo'sed rezoning in Bloak 2; with possibly--but no promise given-an additional apartment on the South 1/2 of Block 1. 14r. hl. B. Skyberg, 4221 Dunberry Lane, stated that, in his opinion, anyone who is willing to take the chance of putting in the enormous investment necessary to plat this property is going to enhance both its value and the value of the community; that the developer is offering the community a wonderful service; and hlr. R.A. Bandberg, 6941 Cornelia Drive, agreed that the plan is good, but hoped that further commercial development would be prohibited. an ordinance granting the petition to rezone Block 1 for Community Store, and the East 190 Ft. of Block 2 and all of Block 9 for multiple dwellings, was seconded by Fronk and unanimously carried. Mayor Bredesen told the audience that, because of the change set forth tonight in the proposed zoning of the East 190 Ft. of Block 2, there may have to be another Public Hearing on this particular matter, before an ordinance can be adopted. PUBLIC HEARING ON PROPOSED ASSESShlENT FOR STORM SEIVER IMPROVEMENT NO, 37 (NORMAN- DALE COURT). is $.02434 per Assessable Square Foot--the Assessment District to be the same as that outlined at the Hearing on the Improvement-compared with $.0349 per Assess- able Square Foot, which was given at the Improvement Hearing as the Estimated Cost. Mr. Vi. A. Reddig, owner of Lot 1, Block 2, Nomandale Court, protested to the method of assessment, feeling that the assessable area should have been enlarged. Mr. Pitt, 5208 Normandale Court, stated he would accept his portion of the assessment without argument, but that in his opinion the allocation of costs is extremely inequitable. Mayor Bredesen told the audience that the Council has followed its usual procedure--that of assessing that part of the property which lies in the drainage district-that it is commonly presumed that storm sewer benefit accrues to high property as well as to lovr land because surface waters on the high lands drain off, causing troubles for the low properties. One owner inquired about the street--North Normandale Court--stating that the manhole is higher than the street and the hydrant is lower. He vras informed that immediate investigation would be made and street would be fixed. offered the following Resolution and moved its adoption: BE IT RESOLVED by the Council of the Village of Edina as follows: 1. STORM SEWER IMPROVEhlENT NO. 37 has been properly calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice haslbeen duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessment as might be necessary, and to adopt the same by resolution; that said proposed assessment has at all times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the assessment vras and is specially benefited by the construction of the improvement for which assessment is levied in the amount set opposite the description of each lot, piece and parcel of land respectively. Nhen asked by the Several of the audience evinced a complete ignorance of the Bank's motion, directing the Village Attorney to draft Manager Hyde told the delegation present that the proposed Assessment Bank RESOLUTION ADOPTING AND CONFIRMING ASSESSMENT FOR STORNI SECVER IMPROVEMENT NO, 37 It is hereby found, determined and declared that the proposed assessment for 'I .. ' 6/10/57 2.dThe amounts so set our are hereby levied against the respective lots, pieces and parcels of land described in said assessment, and said proposed assessment is hereby adopted and confirmed as the proper special assessment for said STORM SEYER IMPROVEMENT NO. 37. accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be lien concurrent with general taxes upon the property described therein and all thereof. annual installments extending over a period of ten years, the first of said install- ments, together with interest on the entire assessment from the date hereof to December 31, 1958, to be payable with the general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all subsequent installaents, to be payable with general taxes for the year 1958 through 1966, collectible in the respective ensuing years. 3. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, they shall be cancelled on the books of the Village Treasurer, and he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessment to be desig- nated and collected in the manner provided by law. Said duplicate assessment roll shall be designated as ASSESSMENT ROLL FOR STORB! SEWER IMPROVEMENT NO. 37; and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer, and by him credited to the IMPROVEMENT BOND REDEMPTION FUND. / t The assessment against each lot, tract or parcel, together with the interest The total amount of each such assessment shall be payable in equal consecutive I The Clerk shall, as soon as may be, prepare and transmit to the County Auditor Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were five &es and no nays, as follows: Bank, gaDickson, aye; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Resoluti L2LdLJ village Clerk AWARD OF BIDS TAKEN PRIOR TO THIS MEETING: Hyde and Engineer Zikan presented Tabulation of Bids taken at 11:OO A.M. this 1. SANITARY SEWER FOR BROOKVIEW HEIGHTS-NORMANDALE SECOND ADDITION AREA. Manager I morning on the entire proposed improvement. Tabulation showed the low bidder of four to be Lametti & Sons, Inc., with a Base Bid (Sewer entirely in streets, without mechanical tamping) of $318,172.67. to the low bidder, on the basis of no mechanical tamping, with the matter of construction in the West Service Drive VS. construction in Easement along rear property lines of the properties facing Normandale Road do be worked out with the property owners, and construction in 1.66th Street and North thereof to be eliminated. Fronk's motion, that Manager's recommendation be accepted and contract awarded to low bidder, Lametti & Sons, was seconded by Dickson and carried. L-3). Plans and Specifications drafted- by Northern States Power Company, for the Ornamental Street Lighting System at 50th and France Business District, were presented and reviewedk and the Company exhibited a demonstrator standard and light. offered the following Resolution and moved its adoption: Manager Hyde recommended that bid be awarded 2. STREET LIGHTS FOR ~OTH AND'FRANCE BUSINESS DISTRICT (STREET IMPROVEMENT NO. Bank RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED STREET IMPROVEMENT NO. L-3, AND CONFIRMING ADVERTISEMENT FOR BIDS- BE IT RESOLVED by the Village Council of the Village of Edina: 1. The plans and specifications for the proposed Ornamental Street Lighting System Improvement No. L-3 set forth in the following Advertisement for Bids form, heretofore prepared by Northern States Power Company and now on file in the office of the Village Clerk are hereby approved. Courier and the Construction Bulletin the following notice of bids for said improve- ment is hereby ratified and confirmed: ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN That sealed bids will be received and opened in the 2. .The Clerk's action in causing to be published twice in the Edina-Morningside ORNAMENTAL STREET LIGHTJNG SYSTEM office of the Village Manager in the Edina Village Hall, 4801 W. 50th St., at Ut00 A.M., Monday, June 10, 1957, for STREET IMPROVEMENT NO. L-3, being Modernization of present ornamental street lighting on France Avenue from W.49th St. to Vl.5lst St. and on W.50th St. from France Ave. to Halifax Avenue; and Installation of new ornamental street lighting on W.4* St. from France Ave. to Halifax Ave., on Halifax Ave. from W.492 St. to W.50th St., and on 1.50th St. .from Halifax Ave. to Library Lane. The Edina Village Council will meet at 7:30 P.N., on Monday, June 10, to consider said bids. i Work must be done as described in specifications on file in the office of the 1 Village Clerk. which deposit will be refunded upon return of said plans and specifications. bids will be considered unless sealed and filed with the undersigned before 11:OO A.M., June 10, 1957, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE VILLAGE COUNCIL. Plans and specifications are available for a deposit of $10.00, No GRETC HEN So ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvement. Motion for adoption of the Resolution was were five ayes and no nays, as follows: B Fronk, aye; Tupa, aye; and Bredesen, aye; and the Resolution Each and all of the terms of the foregoing advertisement for bids are Dickson, and on Rollcall there Manager Hyde then presented Tabulation of the two bids on Street Improvement No. L-3, taken this morning, Lehn Electric Company being low bidder, with $8,531.00 for the new installation and $7,259.00 for the remodeling of the old system. award of contract to low bidder, and Fronk so moved. Motion seconded by Dickson and carried. TRUSTEE TUPA was excused from the meeting at this time. TENNIS COURTS FOR 50TH ST.-\WODDALE PARK. Alr. Hyde presented Tabulation of Bids taken June 7, on construction of two tennis courts for the 50th and Wooddale Park, and for fencing for these courts. to the only bidder on this type of construction, Carlson-LaVine, Inc., at $9,309.70; and for the fencing he recommended award of contract to Cyclone Fence Company,low bidder at $2,704.08 for 456 Lin.Ft. 12' Galvanized Chain Link Fence complete with two gates. Carlson-Lavine, for Laykold courts, was seconded by Dickson and carried. Dickson then moved that contract be awarded to Cyclone Fence Company for the fencing for the courts, and motion was seconded by Fronk and carried. COLLATERAL TO BE EXCHANGED-FIRST SOUTHDALE NATIONAL BANK. The Bank's request for release of $100,000 of U.S.Treasury Certificates, maturing on June 24, and for direction to Federal Reserve Bank for transfer of custodianship of these bonds to First National Bank of Minneapolis, together with Bank's pledge to subscribe for a similar amount of a new issue to be offered June 24, was reviewed. motion, granting Bank's requests, was seconded by Fronk and carried. He recommended For the courts, he recommended award of contract Fronk's motion, that Council award contract for tennis courts to I Dickson's IMPROVEMENT PETITIONS FILED: The following Improvement Petitions were submitted, accepted and ordered placed on file, work to be done at Engineer's best convenience and in accordance with Village policy, as per motion by Fronk, seconded by Dickson and carried: 1. 2. Oiling - IV.59th St., Ashcroft Ave. to St.Johns Ave. 3. 4. 5. 6. 7. Oiling - Ashcroft Lane, StcJohns Ave. to W.64th St.; W.63rd St., Ashcroft Lane to Concord Ave. Oiling - W.60th St., Concord Ave. to !%Johns Ave.; Ashcroft Ave., V.Vierv Oiling - Benton Ave., Tingdale Ave. to Code Ave. Blacktopping - Jackson Ave., Maloney Ave. to Belmore Lane. Watermain - For 200 Ft. So. of Grove St. on bale Ave.) To be considered with Sanitary Sewer - Same as above Rd. to 1.60t.h St. ) prev. petitions for Dale. I REQUEST FOR "YOUTH ACTIYITIES CENTER", by Mr. Roy H. Peterson was reviewed and, by motion Dickson, seconded by Fronk and carried, was referred to the Park Board for consideration. "LORING 'MANORtt, PRELIMINARY PLAT by I&. A1 Payton--being a subdivision of Registered nand Survey No. 3 into three lots 100x200 fronting on Brittany Road--was approved in accordance with Planning Commission recommendations of June 5, by motion Fronk, seconded by Dickson and carried. REQUEST FOR llpuLTIPLE DHELLTNGS ON LOTS 3,4,5,6,9,10,11 and 12, BLOCK 4. TINGDALE BROS. BROOKSIDEy came before the Council with the Planning Commission,'s recommendation for approval providing that not more than two buildings be constructed on the eight lots. Bank's motion, that Public Hearing on the request be scheduled €or Monday, July 8, at 7:30 PA., was seconded by Dickson and carried. 6/10/57 ---- .- wx - PLAT AND REZONING-SOUTHDALE APARTMENT DWELLINGS were discussed, the Planning Commission*s June 5th recommendation for approval of plat and public hearing on rezoning having been received. Plat and scheduling Public Hearing on Rezoning for July 22, was seconded by Dicksoh and carried. PRELIMINARYAPLAT OF SOUTHDALE FOURTH ADDITION, excluding portion acquired for Village park purposes, was approved in accordance with Planning Commission's June 5th recommendations, by motion Bank, seconded by Dickson and carried. ' Bank's motion, for acceptance of Preliminary #=iNRL DENIAL OF REQUEST FOR SUBDlUISION OF THE NORTH 60 FTo OF LOT 5r BLOCK 16, NORMANDALE ADDITION was moved by Dickson, seconded by Fronk and carried; this denial conforming with Planning Commission's June 5th action, made because subdivision would mean two lots of less than minimum area require- ment s. PRELIMINARY PLAT OF "VALLEY VISTAtt, at the Northeast Corner of Valley View and Gleason Roads (Lot 31, Aud. Subd. 1961 was approved subject to dedication for park purposes and construction of utilities without assessment, by motion Bank, seconded by Dickson and carried; this in accord with Planning Commission's June 5th recommendations. . I DENIAL OF PETITION FOR COMMERCIAL ZONING ON LOT 51, AUD, SUBD. #176 WAS moved by Fronk, seconded hy.;Dickson and carried; this being in line with Planning Commision's June 5th action. PROPOSED REPLAT OF LCrrS 3, 4 AND PARTS OF LOTS 1, 2 AND 5, GARDEN PARK was discusse'd, the Planning Commission having approved Blocks 1, 5 and 6 and the South 1/2 of Block 4, Garden Park, subject to construction of utilities without assessment. Bank's motion that Planning Commission's recommendation be accepted was seconded by Dickson and carried. FINAL PLAT OF NORELL'S ADDITION, LOT 4, BLOCK 4, CODE'S HIGHVIEW PARK was approved in accordance with Planning Commission's June 5th recommendation, by motion Bank, seconded by Dickson and carried. PRELIMINARY PLAT OF "MONIROSE ADDITION", by Folke Victorsen, being part of Lots 18,19,20 and 21, Auditor's Subdivision. 196, was discussed, but no action taken inasmuch as Planning Commision wishes to give it further study. REQUEsT FOR PERMIT TO BUILD IN NON-CONFORMANCE WITH ZONING ORDINANCE (Dr. R.C. Dumas' request to build on corner of Woodland Road and Wooddale Avenue, facing Wooddale Avenue but with less than minimum side yard) was reported as having received Planning Commission's approval. No action taken, inasmuch as Council approval had been given at last meeting, subject to Planning Commission's agreement. ORDINANCE NO. 261-21 (AMENDING THE ZONING ORDINANCE AS TO SET-BACK ON CORNER Li) received its second reading, and Fronk moved its adoption. Motion for adoption seconded by Bank; and on Rollcall there were four ayes and no nays as follows: Bank, aye; Dickson, aye; Fronk, amand Bredesen, aye; and the . Ordinance was adopted. (See Page 151, BookgO, for Text) ..e TRAFFIC VIOLATIONS BUREAU ESTABLISHED. Some discussion was had on the proposed Traffic Violations Bureau, with Manager Hyde reporting that the recommended additional appropriation of $2,400 for the bureau will cover supplies, as well as the director's salary. The "Rule of the Court", dated June 10, was reviewed and found to be satisfactory; and Fronk offered the following Ordinance, moving that the Council waive its second reading and adopt Ordinance as read: ORDINANCE NO. 192 AN ORDINANCE PROVIDING FOR A TRAFFIC VIOLATIONS BUREAU Section 1, Traffic Violations Bureau Authorized. Village of Edina may by rule adopted in accordance with Laws of Minnesota 1953, Chpter 527, establish a Traffic Violations Bureau to assist such court in dis- posing of violations of traffic laws or ordinances as provided in such law and the court rule. The Traffic Violations Bureau (hereinafter referred to as the bureau), shall occupy such space in the village hall as may be designated by the Village Manager. The Municipal Court of the B- Section 2. ,/designate the director of the bureau and shall name his assistants. The' director and each of his assistants shall be bonded 5n the sum of $1,00O'i~.nnot already bonded on account of service in some other capacity with the ViUaQe, The bureau shall be open for business between the hours of 8:OO o'clock A.M. and 4330 o'clock P.N. , on Monday, Tuesday, Wednesday, Thursday and Friday of each week, holidays excluded. The bureau shall keep suchi records as are required by law and court rule. I Bureau Personnel, Bureau Hours and Record Keepins. The court shall Section 3. $2,400.00 for the fi,scal year ending December 31, 1957. Obligations may be incurred from such appropriation in such manner as in the case of appropriations to other departments. 1 Appropriation. There is appropriated to the bureau the sum of Section 4. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Motion for waiver of second reading of ordinance and adoption as read, was I seconded by Dickson, and on Rollcall there follows: Bank, aye; Dickson, aye; Fronk, Bredesen, aye; and the Ordinance was adopted . ... ur ayes and no nays, as REQUEST FOR PERh¶IT TO SUBDIVIDE PROPERTY WITHOUT PLATTING. 5201 Benton Avenue asked for permission to divide his Lot 7, Block 1, Code's Highvievr Park into two building sites, without platting. had, with Attorney Windhorst recommending that the Council consider any proposed action carefully, and that Council be sure to see that control is kept on subdivisions. Manager Hyde explained that the Assessor does not like the filing of large numbers of small plats; and Nr. Nordby stated he is willing to have Planning Commission and Council follow its usual procedure of inspecting the dimensions of the proposed subdivisions, etc., but that the costs of platting are between $75 and $100, which he feels are unnecessary for the mere subdivision of platted property. a regulation permitting the subdivision of platted property into not more than two legal building sites. Pdr. Howard Nordby, Some. discussion was Attorney Nindhorst was directed to prepare SANITARY SEWER IhlPROVEAENT NO. 53 CANCELLED FOR GRANDYIElY CEEERY PROPERTY. - Some discussion was had concerning Grandview Cemtery 's application for cancellation of Sanitary Sewer No. 53 assessments, and Village Attorney's written opinion that said assessments are invalid. ing Resolution and moved its adoption: 1 Dibkson offered the follow RESOLUTION CANCELLING SANITARY SEWER ASSESSMENTS LEVIED AGAINST PROPERTY OTJNED BY GRANDVIEW CEMETERY ASSOCIATION BE IT RESOLVED by the Village C6uncil of the Yillaqe of Edina: 1. The special assessments levied by Resolution adopted September 28, 1953 against the properties and in the amounts hereinafter set forkh are hereby declared to be erroneous assessments for the reason that said properties are owned by the Grandview Cemetery Association and constitute a "public burying grounds'r, and, as such, are exempt from assessments under Minnesota Statutes, Sec.306.14: Section 30, TovrnshiD 117 North, Ranqe 21 West (Flat No. 73730) TRACT OF LAND hENT NO. 53 ASSESSMENTS FOR SAN.S€CVER IhlPROVE- Parcel No, 1200 $548 75 1400 241 10 2200 91 065 3200 141 00 3600 710.80 3800 116.50 4000 149.75 $1 , 999.55 2. Said erroneous assessments shall be, and hereby are, cancelled from the Assessment.Rol1 for Sanitary Sewer lmprovement No. 53; and the Village Clerk is hereby directed to so inform the County Auditor of Hennepin County, Ninnesota. I hlotion for adoption of the Resolution was sec were four ayes and no nays, as follows: Bank by Fronk, and on Rollcall there ; Dickson, aye; Fronk, aye; and DRAINAGE EASEME& RELEASED UPON PAWEN". OF COSTS BY OWNER. Engineer Zikan reported that Thorpe Bros. has sold Lot 6, Block 5, Southdale Third Addition--over which the Village has a full-lot easement for storm sewer purposes--and that the new owner wants to build. He stated that the Village need not use the entire lot but that he would recommend the retention of a ten-foot easement along one side of the lot. Some discussion was had on the propriety of the realtor's selling such a tract; and it was the consensus of opinion of the Council that release of the easement should mean no expenditure of Village funds. that the Council make sure the new easement for ten feet is drawn in such manner that the drainage ditch cannot be filled. easement in favor of ten-foot easement along side of lot, providing owner pays full cost of release and of new easement, was seconded by Bank and carried. Manager Hyde was asked to write Thorpe Bros. and inform them that the Village will not release full-lot easements on Lots 7 and 8, Block 5, until some arrangement is made for drainage in this plat. PAYMENT AUTHORIZED FOR DAMAGES DUE TO ALLEGED ERROR IN SEWER CON"1ONMEASURE- Village Attorney Windhorst asked Fronk's motion for release of full-lot MENTS. contractor, Midwest Sewer and Water Contractors, are claiming damages in the amount of $400, as the result of an alleged error in sanitary sewer measurements by the Village, in the 5500 Block on Mirror Lakes Drive. contractor will pay 1/2 the amount, and recommended that the Village settle for the other 1/2, rather than take the matter to court. Dickson's motion, that payment be made as recommended by the Engineer, was seconded by Fronk and carried. Engineer Zikan reported that developer Bruce Yund and his plumbing I He stated that the sewer CLAIMS PAID; Pre-List dated June 10, and additions as listed separately, was seconded by Fronk and carried: Bank's motion, authorizing payment of the following Claims, as per General Fund ----- $10,031.22 Liquor Fund --I-- $37,944-23 Const. Fund 1,461 .OO Sewer Rental 199 70 Park 8, Park Const. 55,194.00 Improvement Funds 400.00 Water Fund * 1,395.46 Poor Fund 1,844.68 Total - Pre-List of June 10 $108,470 29 Additions: A.H. Hart (Fill for Lake Pamela) $5 y 833 80 Walter 1. Bones (Replacement of trees, shrubs and sod in easement - San.Sewer N0.69 740 . 00 The Council having covered this evening's agenda, Fronk moved for adjournment. Motion seconded by Dickson and carried. ting adjourned at 11:20 P.N. I' I