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MINUTES OF THE ADJOURNED PORTION OF THE JUNE 24, 1957
REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD
MONDAY, JULY 1, 1957, AT 7:30 P.M., IN THE EDINA
VILLAGE HALL
Members answering Rollcall were Bank, Dickson, Tupa and Bredesen.
PUBLIC HEARINGS ON PROPOSED ASSESSMENTS. Clerk submitted Affidavit of Fubli-
cation in Edina-Morningside Courier June 13 and 20, 1957, of "NOTICE OF ASSESS-
PENT HEARINGS ON WATERMAIN NO. 95, 100, 107, 115, 116, 117 AND 118; SANITARY
SEWER NO. 99, 106 AND 122; LIFT STATION NO. LS-2; AND GRADING NO. C-58 (INCL.
STABILIZED BASE AND STORM SEWER)."
ordered placed on file; and Hearings proceeded pursuant to said Notice, as
recorded below:
1.
Ave. from W-60th St. to Valley View Rd.; Clover Lane from Tingdale Ave. to
Valley View Rd.; Highway No. 100 from Valley View Rd. to W.60th St. Total
Assessable Cost $11,888.60, as against 2,016.4 Assessable Feet, for $5.89
per assessable front foot, compared with Improvement Hearing Estimate of
$4.82.
one year; work was done the next year; that contractors' costs had gone up
considerably in the interim and bids were higher than expected.
objections were registered, and no written objections had been received prior
to Hearing.
2.
Shore Drive, Andover Road, Belvidere Lane and Wooddale Avenue--all in South
Gardens Estates and South Gardens Estates Second Additions. Total Assessable
Cost, $20,605.84, as against 3,825.9 Assessable Feet, for $5.38 per Assessable
Foot compared with Improvement Hearing Estimate of $5.37. No oral objections
were registered, and no written objections had been received prior to Hearing.
(See Resolution of later in Meeting, approving assessment).
3. PUBLIC HEARING ON ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 116-111 William
Avenue from Interlachen Blvd. to W.5lst St.
as against 908.5 Assessable Feet, for $7.80 per Assessable Foot compared with
Improvement Hearing Estimate of $8.60.
and no written objections had been received prior to Hearing. (See Resolution
of later in Meeting, approving assessment).
4. PUBLIC HEARING ON ASSE§SMENT FOR SANITARY SEWER IMPROVEMENT NO. 99-That
part of Normandale court abutting Victorsen's Addition to Normandale Court,
from Hwy.#lOO to approx. 500 Ft. W.
$4,268.41, as against 458.7 Assessable Feet, for $9.30 per Assessable Foot,
plus $1.09 for Connection to Trunk Sewer Improvement No. 37, for a Total of
$10.39 per Assessable Foot, compared with $8.43 Improvement Hearing Estimate.
Mr. Zikan explained that this cost is over estimate because winter work was
requested by developer. No oral objections were registered, and no written
objections had been received prior to Hearing. (See Resolution of later in
5. PUBLIC HEARING ON ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 107-In Rolf
Ave. from Roberts Place to W.64th St. Total Assessable Cost, $8,106.88, as
against 1,806 Assessable Feet, for $4.48 per Assessable Foot, compared with
Improvement Hearin$ Estimate of $4.47. No oral objections were registered,
and no written objections had been received prior to Hearing.
of later in Meeting, approving assessment).
6.
Avenue, Valley View Road to W-64th St.; Rolf Avenue, W.64th St. to W.65th St.;
W.65th St., Rolf Avenue to Mildred Avenue.
as against 4,258.4 Assessable Feet, for $4.61 per Assessable Foot, compared
with Improvement Hearing Estimate of $5.58.
registered, and no written objections had been received prior to Hearing.
(See Resolution of later in Meeting, approving assessment).
7.
GRADING, GRAVELING, STABILIZED BASE AND STORM SEWERA-In Tower Street from
Wooddale Am. to St.Johns Ave.
1,205.6 Assessable Feet, for $4.73 per Assessable Foot, compared with $7.78
Improvement Hearing Estimate. Mr. Harlan Bursch asked for additional fill
at the St.Johns end of Tower, so that the street will take the water to the
Affidavit was approved as to form and
PUBLIC HEARING ON ASSESSMENT FOR BAERMAIN IMPROVEMENT NO. 100-In Tingdale
Engineer Zikan explained that Improvement Hearing Estimate was given
No oral
(See Resolution of later in Meeting, approving assessment).
PUBLIC HEARING ON ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 115-111 West
Total Assessable Cost, $7,095.30,
No oral objections were registered,
Total Assessable Cost for Laterals, I
Meeting , approving assessment). -**
L.
(See Resolution
PUBLIC HEARING ON ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. =-In Mildred
Total Assessable Cost, $19,631.28
No oral objections were
PUBLIC HEARING ON ASSESSMENT FORGRADING IMPROVEMENT NO. C-58 (INCL.
Total Assessable Cost, $5,709.99, as against
storm sewer drain.
at Wooddale, so that the water does not reach the catch basins. Mr. Zikan
explained that the street does have a very flat grade; that at intersection
of St.Johns and Tower it was impossible to take existing storm sewer back
any father, so that water must flow over the ground.
that the catch basins on Nooddale could be lowered; and Mr. Zikan suggested
that Engineer and Manager meet with property owners at the site, to go over
matters with them. Action on
assessment tabled pending report by Engineer and Manager.
He stated that the drains are set higher than the street
Mr. Bursch suggested
Appointment arranged for 9:OO A.M., Tuesday.
.. 7/1/57 ..
8.) PUBLIC HEARING ON ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 95-In Tower
Street from Wooddale Avenue to St.Johns Avenue-
asagainst L s9S0.7 Assessable Feet, for $4.65 per Assessable Foot, compared with
Improvement Hearing Estimate of $4.89. No written objections had been received
prior to the Hearing, and no oral objections were registered.
of later in Meeting, approving assessment).
9. PUBLIC HEARING ON ASSESSLENT FOR WATERMAIN IMPROVEMENT NO. 117-In Dale
Avenue between YJ.56th St. and Grove St. Total Assessable Cost, $8,204.68, as
against 2208 Assessable Feet, for $3.71 per Assessable Foot, compared with
Improvement Hearing Estimate of $4.30,
prior to the Hearing, and no oral objections were registered.
of later in Meeting, approving assessment).
10. PUBLIC HEARING ON ASSESSLENT FOR SANITARY SEWER IMPROVEMENT NO. 122-In Dale
Avenue, W.56th St. to Grove St.; W.57th St., Dale Ave. to Code Ave. Total
Assessable Cost $19,620.04, as against 2208 Assessable Feet, for $8.88 per
Assessable Foot, compared with Improvement Hearing Estimate of $8.17. Mr.
Zikan explained that the developer's road excavator had left poor soil in
the street; that this had to be dug out by the sewer contractor, raising the
cost of the project.
objections had been received prior to the Hearing, (See Resolution of later
in Pdeeting, approving assessment).
11. PUBLIC HEARING ON ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 106-In Code
Avenue from Grove St. to ltr.56th St.; Melody Lake Drive, Code Ave. to Code Ave.;
Melody Lane, Grove St. to Helody Lake Drive, Total Assessable Cost, $19,620.89.
Manager Hyde presented a plat, showing the irregularities in front-footages and
areas of the lokS to be assessed. He presented thEee plans of assessment--
1.
Hearing Estimate of $4.65. On this basis, the largest lot in front-footage
(238.5 Assessable Front Feet) would pay $1,101.87; and the smallest lot in
front-footage (60 Assessable Feet) would pay $277.20.
2. On an "Adjusted Frontage" basis--which divides the total front-footage by
the total lots, and establishes as the maximum front footage to be assessed
101 Front Feet. Tnis, of course,tvould raise the front-foot cost; and the larges
lot would pay $522.17; the smallest lo$, $310.20.
3.
This would mean that each lot, regardless.of size, would pay $466.36.
Some discussion was had by the Council, with Attorney Windhorst advising he
believes that the Council may deviate from its front-foot assessment basis,
even after a front-foot estimate is given at the improvement hearing, providing
it is just and equitable to do so, It was pointed out that in this case the
largest front-footage does not mean the largest area; that the lots in this
plat are most irregular in shape because of the topography of the land; that
it seems unfair in this particular case to follow the usual basis of assessment.
The methods presented were thoroughly reviewed, and it was decided that, because
Platting Restrictions require a minimum frontage of 75 Feet, a minimum assessment
should be set at 75 feet; the maximum at 101 feet. There were no oral objections
registered, and no written objections had been registered prior to the Hearing.
Fllr. Kirkness, 5705 Code Avenue, agreed with Council that some relief from front-
footage assessments should be given the long, narrow lots.
later in Meeting, approving assessment >.
hlelody Lake Drive and Code Avenue.
68 Lots, for $411.15 per Lot, compared with Improvement Hearing Estimate of $600.00.
Mr. Zikan explained that this Bssessable cost is lower than estimated because
an additional assessable area has been added; this being the property to the lest
of the earlier proposed assessment district, which is being platted by the Hansens,
and which is benefited by the Lift Station.
inquiry as to whether all benefited properties were being assessed.
no written objections registered, and no oral objections were received at the
Hearing.
Total Assessable Cost, $4,474.26
(See Resolution
No written objections had been received
(See Resolution
No oral objections were registered, and no written
On a front-foot basis, which would be $4.62, as compared with Improvement
On a per-connection basis, dividing total cost by total number of connections.
. (See Resolution of
12- . PUBLIC HEARING ON ASSESSMENT FOR LIFT STATION IMPROVEhW" NO. LS-2, At Total Assessable Cost, $27,958.20, as against
This explanation answered Mr. Kirkness'
There were
(See following Resolution, approving assessment).
Bank offered -the following Resolution and moved its adoption:
RESOLUTION ADOPTION AND CONFIRMING ASSESSMENTS
FOR SANITARY SEWER IMPROVEMENIS NOS. 99,106 AND
122; LIFT STATION IMPROVEEAENT NO. LS-2; AND
V?ATERMAIN IMPROVEMENTS NOS. 10Oy107y115~116~
117,118, AND 95
BE IT RESOLVED by the Village Council of the Village of Edina, as follows:
for SANITARY SEWER IMPROVEMENTS NOS. 99,106 AND 122, LIFT STATION IMPROVEMENT NO.
LS-2; AND WATERAIAIN IMPROVEMENTS NOS. 95, 100,107,115,116, 117 AND 118, and each of them, have been properly calculated in accordance with the provisions of
Minnesota Statutes Section 412,441 (the Assessment for Sanitary Sewer Improvement
No. 106 being calculated on an "adjusted frontage" basis with a minimum assessable
front footage of 75 feet and a maximum assessable front footage of 101 feet because
of irregularities in both front-footage and area of lots in this assessment district);
that notice has been duly published as required by law, that this Council would meet
1. It is hereby found, determined and declared that the proposed assessments
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to hear and pass upon’all objections, if any, to amend said proposed assessments
as might be necessary, and to adopt the same by resolution.; that said proposed
assessments have at all times since their 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 respective assessments was 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.
The amount so set out are hereby levied against the respective lots,
pieces and parcels of land described in said respective assessments, and said
proposed assessments are hereby adopted and confirmed as the proper special
assessments for said improvements respectively.
tract or parcel, together with the interest 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 a 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 sub-
sequent installments, to be payable with general taxes for the year 1958 through
1966, collectible in the respective ensuing years.
3.
of any lot, piece or parcel of land assessed hereby may pay the whole of such assess-
ment 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.
Auditor a certified duplicate of said assessments, with each then unpaid install-
ment and interest set forth separately, to be extended upon the proper tax lists
of the County, and the County Auditor shall thereafter cause said assessments to be
collected in the manner provided by law.
designated as ASSESSMENT ROLL FOR SANITARY SEVVER IMPROVEMENTS NOS. 99,106 AND 122;
LIFT STATION IMPROVEMENT NO. LS-2; AND WATERMAIN IMPROVEMENTS NOS. 95, 100, 107,
115, 116, 117 AND 118; and all amounts collected in respect of the assessment
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.
2.
The assessment against each lot,
The total amount of each such assessment shall be payable in equal consecutive
Prior to certification of the assessments to the County Auditor, the hwner
4. The Clerk shall, as soon as may be, prepare and transmit to the County
Said duplicate assessment roll shall be
Motion for adoption of the
were four ayes and no nays,
Bredesen, aye; and the Resolution was
as
CI Mayor
PAMELA PARK FILL, AND FILL FOR OTHER PARKS.
Allen Hart is willing to sell additional good fill to the Village kat the
extraordinarily low price of $.42 per Cu. Yd. (price at contract awarded 5/27).
Advertisement for Bids was reviewed, and Attorney Windhorst gave as his opinion,
his belief that the Village is within its legal powers to purchase additional
material without re-advertising. Mr. Brauer presented to the Council the over-
all plan for Lake Pamela Park, showing the extent of the present fill, and stating
that at least 15,000 additional cubic yards could be used there, now; that 10,000
yards (7,000 sand and 3,000 clay) are needed at 55th and York; and that the new
Lake Cornelia Park needs about 15,000 Yards.
that the Village does not yet own some six lots in the middle of Lake Pamela
Park; that the owner is an incompetent and negotiations with his family have
come to naught.
needing fill; that the plan is to place the dirt as close as possible to these
lots, now, and fill them as soon as the Village gets ownership.
stated he feels that the Village should try, again, to negotiate for purchase,
rather than to take action to condemn, because of high condemnation costs.
agreed by common consent that Manager be authorized to extend contract with Allen
Hart for the amount of fill set forth above for the three respective parks, and
that Park Board attempt, once again, to purchase the required six lots for Lake
Pamela Park.
Manager Hyde reported that Contractor
It was brought out in discussion
”
Mr. Brauer stated that these six lots comprise part of the area
Attorney Windhorst
Council
188 7/1/57
RESIGNATION OF PRESENT PROSECUTING AlTORNEY: EMPLOYMENT OF "TWO NEW PROSECUTORS.
Manager Hyde reported the resignation of Mr. Curtis Roy from the positinn of
Assistant Village Attorney (Prosecutor); and recommended the appointment of
Messrs. Nalter Gustafson and James Hennessey as co-prosecutors, with their
schedule of duties to be worked out with him and the Police Department, and
their compensation to be $100 per month each.
over the appropriated budget for this service for 1957, but that, because the
Uillage will have its prosecutors on hand at all times, he feels the extra
expenditure can be more than justified. Tupa moved for approval of Manager's
recommendation.
i
He stated this will put us $480
Motion seconded by Dickson and carried.
PRAYER HOUSE FOR MEST SIDE OF FRANCE AVENUE, SOUTH OF IC 55TH ST. Manager Hyde
reported that hks. Virginia Beard has a progpect for her France Avenue property--
that of "United Prayer Tower , '' an interdenomiIiationa1 group sponsored by several
protestant churches-which wishes to build a "Prayer House" on the property.
He said this organization would conduct a mailing service from the building;
that the building has a chapel seating 40 or 50 people; that parking place for
40 cars will be provided; that the organization does not operate as a "church"
in the usual sense of the word because it has no minister.
concerning the legality of allowing this building in the "Open Development
District". Attorney windhorst stated that the courts have interpreted the
word "church" fairly strictly in zoning matters; that, because the chapel
constitutes only a small part of the proposed building, it is problematical
whether the building is "more church than office building" or "more office
building than church", butthat he believes the Courts will go along to sustain
an exercise of judgment by the Council, Discussion was had on the desirability
of the building at this location, and the matter was referred to the Planning
Commission for its recommendation.
I
Manager Hyde inquired
SWIMMING POOL ENGINEER§ AND AFEHITECT& Manager Hyde reported that, as a result
of conferences with many swimming pool-bathhouse architects and engineers, the
Park Board is recommending that Kenneth Larkin 8, Associates of Kansas City, Moo,
be employed as designed for the Swimming Pool, affiliating with Shifflet,
Backstrom, Hutchison & Dickey, Inc., for Bathhouse design. He recommended
that the Village enter into contract with Larkin 8, Associatks, who will affiliate
with the local firm.
be accepted, was seconded by Tupa and carried.
AIR CONDITIONING FOR VILLAGE HALL. Manager Hyde presented plans by Village Hall
Architects, for Air Conditioning, Estimate approximately $20,000.
Council felt this Estimate to be very high, Dickson moved that Manager be
authorized to get bids for individual air conditioning units for such portions
of the Village Hall as need it.
BankLs motion, that recommendation of Park Board and Manager
I Because
Motion seconded by Tupa and carried.
TERRY EXCAVATING COhPANY'S BOND RELEASED.
was brought once again before the Council (excavation bond for Delaney property
on W.?Oth St.) and Tupa moved for release of bond subject to approving report
by Village Engineer. &lotion seconded by Bank and carried.
The matter of the release of this bond
There being nothing further to come before this meeting, Tupa moved for adjournment.
Motion seconded by Dickson and carried. Meeting adjourned at 9:15 P.i&
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m- Village Clerk
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