HomeMy WebLinkAbout19570624_regular6/24/57
T~NUTES OF THE REGULAR MEETING OF THE'EDINA
VILLAGE COUNCIL, HELD XONDAY, JUNE 24, 1957,
AT 7:30 P.R., AT THE EDTNA VILLAGE HALL
Rollcall was answered by Bank, Dickson, Fronk, Tupa and Bredesen.
Hinutes of the Regular Meeting of June 10, 1957 were approved as submitted, by
motion Fronk, seconded by Dickson and carried.
PUBLIC HEARING ON PROPOSED BLACKTOPPING OF BEARD AVENUE BETWEEN Wo60TH ANi) W.
62M) mEET was called pursuant to "Notice of Public Hearing" published in
Edina-Morningside Courier and Construction Bulletin on June 13 and 20, 1957.
Affidavit of said publication was presented by Clerk, approved as to form and
ordered placed on file. Vu-Graph Slide was shown of proposed improvement and
the assessable area, and IAanager Hyde read Engineer's Estimate of Cost at
$5,383.00, as against 2,370.51 assessable feet, for $2.27 per Assessable Foot.
Xks. Nicholas Dammen, 6013 Beard, inquired as why the street had been oiled
just prior to the construction of curb and gutter; and, because a petition
for Oiling could not be located at the moment, the Clerk was instructed to
investigate this matter; and the audience was put on notice that if the
Village had erred in oiling this street property owners will not be assessed.
Engineer zikan explained that a group of residents had talked with him,
requesting oil as a relief measure to allay the dust.
Block then inquired as to whether a "majority" petition for blacktopping had
been submitted; petition was produced, bearing signatures of owners of twenty-
one of the thirty affected properties, and Bank offered the following Resolution
and moved its adoption:
avners in the 5000 .
RESOLUTION ORDERING IMPROVEMENT
STREET IWROVEMENT NO. A-98
BE IT RESOLVED by the Council of the Villase of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published-on the
proposed improvement of Beard Avenue between CV.6Oth St. and W.62nd St. by
Blacktopping; and at the hearing held at the time and place specified in said
notice the Council ..has duly considered the views of all persons interested,
and being fully advised of the pertinent facts does hereby determine to proceed
with the construction of said improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as STREET
IMPROVEMENT NO. A-9gy and the areas to be specially assessed therefor shall be
as follows: All lots and tracts of land abutting the portion of the street
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: Bank aye; Fronk, aye;
aye; and Bredesen, aye; and the Reso
Village Clerk
AWARD OF BIDS TAKEN JUNE 24, 1957. Manager Hyde reported that, to expedite
construction, advertisements had been made in Edina-Morningside Courier and
Construction Bulletin June 13 and 20, for bids to be opened today on WATERMAIN
NO. 121, and on BLACKTOPPING ;AFTER SANITARY SEVER AND NATERMAIN CONSTRUCTION,
and asked that Council give formal approval to this advertisement.
offered the following Resolution and moved its adoption:
Bank
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS, AIE) CONFIRAKCNG
ADVERTISEMENT FOR BIDS
BE IT RESOLVED by the Village Council of the Village of Edina:
1. The plans and specifications for the proposed Improvements set forth
The Clerk's'action in eausing to be published twice in the Edina-
in the following Advertisement for Bids form, heretofore prepared by the Village
Engineer and now on file in the office of the Village Clerk are hereby approved.
Morningside Courier and the Construction Bulletin the following notice for bids
for said improvements is hereby ratified and confirmed:
NOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office
of the Village Alanager in the Edina Village Hall, 4801 West 50th Street, at 1l:OO
A-R. Y hionday, June 24, 1957, &nd :that the Edina'Village Counciivwill' mee* a% 7:30
P.H., on Monday, June 24, 1957, to consider said bids, being for the following:
1. BLACKTOPPING OF:
2.
ADVERTISEMENT FOR BIDS
BLACKTOPPING : WATERMAIN
A. Crescent Drive from Highland Road to South line of Countryside Addition
Westridge Blvd. from Highland Road to South line of Countryside Addition
Hunter Street from Westridge Blvd. to Crescent Drive
Ridgeway Road from Westridge Blvd. to 200' West
B.
C.
D.
E.
Dundee Road from.Northwood Drive to South line in Mirror Lakes in Edina.
Hidden Lane from Dundee Road to Mirror Lakes Drive.
Hollywood Road from Oxford Avenue to Rutledge Avenue
Vandervork Avenue from Interlachen Blvd. to Hollywood Road.
Highway #lo0 West Service Drive from W.65th St. to W.66th St.
Wooddale Avenue from Creston Road to Dunberry Lane
Creston Road from Wooddale Ave. to Lot 7, Block 6, Creston Hills
Balfanz Road from Creston Road to West Line Creston Hills
Judson Lane from Wooddale Avenue to East Line Creston Hills
Dunberry Lane from Creston Road to East Line Creston Hills
F. West 62nd Street from Oaklawn Avenue to Park Place.
2. CONSTRUCTION OF V1LLAGE.WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS:
Wilryan Avenue from.Roberts Place to West 64th Street
West 64th Street from Wilryan Avenue to Tingdale Avenue
West 63rd Street from Wilryan Avenue.to Tingdale Avenue
Tingdale Avenue from West 63rd Street to West 65th Street
West 65th Street from Tingdale Avenue to Rolf Avenue
Work must be done as described in plans and specifications on file in the office
of the Village Clerk.
$10.00, which deposit will be refunded upon return of said plans and specifications.
No bids will be considered unless sealed and filed with undersigned before 11:OO A,M.,
Monday, June 24, 1957, accompanied by cash deposit, bid bond or certified check pay-
able to the Village Clerkh 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
GRETCHEN S, ALDEN
Village Clerk
Motion for adoption of the Resolution was seconded by Fronk, and on Rollcall there
1. WATERMAIN IMPROVEMENT NO. 121 - In Wilryan Ave. from Roberts Place to W.64th
St.; W.63rd and.W.64th Sts. from Wilryh Ave. to Tingdale Ave.; Tingdale Ave. from
W.63rd St. to.W.65th St.; W.65th St. from Tingdale Ave. to Rolf Ave. Manager
Hyde reported receipt of five bids--that of Northern Contracting Co., Inc. and
Swanson Excavating company being low, at $22,922.60, which is well below Estimate;
Randall Bros. of Duluth, second low, at $22,933.20, and Phelps-Drake Coo, third
low with $22,955.20. He recommended award of contract to low bidder, and Fronk
so moved.
Tabulation of Bids, showing.five bidders, Jay W. Craig Company being low with a
bid of $45,970.00, Blacktop Service Company second low with $46,745.00.
Hyde recommended award of contract to low bidder.
Highland Road, representing the Mid-Edina Association, requested that the
contractor be required to use a paving machine on the work to be done in Country-
saide; and that faulty base be replaced in Hunter Street and Crescent Drive.
Engineer Zikan explained-that, in addition to the work requested, some grading
may be required because drainage problems have arisen in Countryside since
several low lots, formerly drainage pockets, have been fililed. It was agreed
that base should be replaced in those streets in Countryside which need
base correction included in this present contract; and Dickson moved that
contract be awarded to low bidder subject to his using a paving machine on the
project. Delegation was informed that base work will not increase their sewer
assessments--that this cost will be provided from the street maintenance
appropriation.
Motion seconded by Dickson and carried.
2. BLACKTOPPING AFTER SEWER AND WATER CONSTRUCTION - Manager Hyde presented
Mr.
Mr. Frank Uhlemann, 5520
POLICY ON REPLACEMENT OF BLACKTOP STREETS,
all the other members, asked that it be written into the record that this Council
favors complete repair of blacktop streets after sewer and water construction,
with base replacement wherever deemed necessary by the Village Engineer, said
cost to be appropriated from the street maintenance budget.
STATION WAGON, PICKUP TRUCK, 1/2 TON TRUCK WITH STAKE BODY.
Trustee Bank, with the consent of
3. Manager Hyde
STATION WAGON, for "PUBLIC SAFETY CRUISER" - Three bids received, that of
presented Tabulation of Bids taken this morning on vehicles to be used by the
various departments, as follows:
Woodhead Company being low, on a Fordnat $2,249.00, less trade-in of $559.00, for
a net bid of $1,690.00, and Hopkins Motor Sales next low, on a Plymouth at
$2,619.15, less $719.15 Trade-In allowance, for net of $1,900.00.
recommended that award be made to low bidder subject to the Ford's dimensions
being adequate to house the necessary police and fire equipment.
motion for award in accordance with Manager's recommendation was seconded by
Dickson and carried.
I
A.
Manager Hyde
Fronk's
2% . 6/24/57
B. 1/2 TON PIChW TRUCK FOR PUBLIC tYORKS DEPT. Mr. Hyde reported receipt of four
bids, that of Woodhead Company being low, at $1,473.00 on a Ford; Suburban Chevrolet
Company next low, at $1,508.07 on a Chevrolet.
bidder, and Fronk so moved.
of four bids, with Woodhead Company being low at $1,523.00 on a Ford, and Suburban
Chevrolet Company next low with $1,620.
and Fronk so moved. Motion seconded by Dickson and carried.
He recommended award of bid to low
Motion seconded by Dickson and carried.
C. 1/2 TON TRUCK WITH STAKE BODY FOR PARK DEPARTMENT. hlr. Hyde reported receipt
He recommended award of bid to low bidder,
MINNEAPOLIS GAS COMPANY'S ANNUAL REPORT was submitted in accordance with terms of
its franchise, reviewed and,ordered placed on file. A copy of the Company's new-
"Rules and Regulations" was presented for Council review, Manager Hyde reporting
that the frost charge date has been extended from October to December 1. I&.
E.C. Stow objected to the Company's policy of requiring developers to make a
refundable deposit for gas line extensions.
HEARIRG ON APPLICATION TO ACTIVATE HENNEPIN COUNTY PARK DISTRICT, to be held in
Court House at 1O:OO A.M., July 1, was discussed.
attend meeting but to make no definite commitment for Edina.
Manager Hyde directed to
HEARING ON APPLICATION OF TWIN CITY MOTOR BUS COMPANY FOR INCREASE IN FARE, to be
held in Railroad and Warehouse Commission Offices at State Office Building, St.Paul,
at 1O:OO AJII., July 1, was reported for Council information.
RURAL HENNEPIN COUNIY NURSING DISTRICT REPORT FOR MAY was submitted, reviewed and
ordered placed on file.
PETITIONS FOR UIPROVEIENTS: The following improvement petitions were filed and,
by motion Fronk, seconded by mpa and carried, were accepted and referred to the
Village Engineer for scheduling of the work:
1. Oiling - H.62nd St., Concord Ave. to St.Johns Ave.
2. Oiling - York Ave., W.55th St. to W,56th St,
3.
4.
Oiling - York Ave., W.55th St. to N, Dead End.
Oiling - 5633 Tracy Ave. to Grove St.
TRACY AVENUE IAPROVEI.IENT. Mr. Uhlemann, representing Mid-Edina Association,
inquired as to the possibility of the Village's improving Tracy Avenue--this being
the one entrance to Highway No. 169 for the Countryside-Valley View Heights
residents. It was explained that the Village General Fund cannot expend the
money for the improvement of the street; but Nanager Hyde stated that this is one
street which.rvil1 be eligible for expenditure of gasoline tax funds beginning next
year. It was suggested that Countryside-Yalley View Heights people be approached
on the matter of assuming some of the cost of improving Tracy Avenue.
MAYOR BREDESEN WAS EXCUSED from the Meeting at this time, to perform the pleasant
civic duty of crowning the Edina Queen. Mr. Fronk presided for balance of meeting.
REZONING FOR STOA PRELIMINARY PLAT OF "EDGEMOOR". (Tract on SW Corner 70th and
France). Village Attorney Windhorst reported that this Final Plat will not be
ready for filing until sometime in August, whereas developer Stow is anxious to
have the corner tract rezoned "Community Store" immediately, in order that his
transactions with Standard Oil Company may be completed.
that Council has felt that the actual platting of the property is a protection
against strip zoning in the area and that, for that reason, actual rezoning
should be contingent upon the filing of the plat; however, Mr. Viindhorst stated
that the mere filing of the plat does not prohibit the developer from requesting
further rezoning--that if his present problems do not work out he would still
have the privilege of askinq further rezoning.
the roads are now being graded; that he already has a great investment in the
property and has no intention of abandoning the plat at this stage.
inquiry as to rezoning in accordance with the Planning Commission's recommendation
for rezoning "for filling station purposes", fib. Windhorst stated he believes that
this would no$ be good procedure; that the property should be rezoned "Community
Store", which classification includes filling stations. Attorney Windhorst
suggested that the Council act now, to rezone the corner "filling station" site
to Community Store District; that action be taken to rezone "Block 1, Stow's
Edgemoor Addition" upon the filing of the final plat.
following Ordinance, moving that the Council adopt Ordinance as read, without
second reading, and that Clerk be directed to publish said Ordinance immediately:
It was pointed out
I&. Stow told the Council that
Upon
I
Dickson offered the
ORDINANCE NO. 261-22
AN ORDINqNCE AMENDING THE ZONING ORDINANCE
OF EDINA BY ESTABLISHING AN ADDITIONAL
COrJlFJlUNITY STORE DISTRICT
THE VILLAGE COUNCIL 'OF THE VILLAGE-OF EDINA ORDAINS:
6/24/57 '
Section 1. Section 5, Community Store District, of Ordinance No. 261 of the
Revised Ordinances of the Village of Edina, as' amended, is hereby further amended
by adding at the end of paragraph 1 of said Section 5 an additional sub-paragraph
as follows:
"(ff)
Section 2.
Tract A, Registered Xand Survey No. 67THennepj.n County,
This Ordinance shall be in effect from and after its passage
and publication according to law.
Motion for waiver of second reading, adoption of Ordinance as read, end direction
to Clerk to publish Ordinance immediately, was seconded by Tupa, and on Rollcall
there were four ayes and No Nays, as follows:
aye ;Fronb aye ; and the-' Ordin an;
Bank, aye; Dickson, aye; .Tups,
Dickson then offered the following Orddnance and moved that Council waive second
reading and adopt Ordinance as read, and that Clerk be directed to delay publi-
cation thereof until Final Plat of Stow's Edgemoor Addition is of record:
ORDINANCE NO. 261-23
AN ORDINANCE AMENDING TIE ZONING ORDINANCE
OF EDINA BY ESTABLISHING AN ADDITIONAL
COMMUNITY STORE DISTRICT
THE VILLAGE COUNCIL OF THE PILLAGE OF EDINA ORDAINS:
Section 1. Section 5, Community Store District, of Ordinance No. 261 of
the Revised Ordinances of the Village of Edina, as amended, is hereby further
amended by adding at the end of paragraph 1 of said Section 5 an additional sub-
paragraph as follows:
"(gg)
Section 2.
Block '1, Stow's Edgemoor Addition.
This Ordinance shall be in effect from and after its passage
and publication according to law.
Motion for waiver of second reading, adoption of Ordinance as read, and direction
to Clerk fo publish upon recording of Final Plat of Stow's Edgemoor Addition was
seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows:
Bank, aye; Dickson, aye; Tupa, aye; and Fronk, aye; and the Ordinance was
I
Anayor Pro Tem
SPECIAL PERMITS FOR MULTIPLE DVVEUINGS ON EAST 1/2 BLOCK 2, STOW'S EDGEMOOR ADDN.
(Preliminary Plat of NE1/4 of NE1/4, Sec.3lYT,28,R.24). Village Attorney Windhorst
reported that a supplementary public hearing must be held on the matter of permit
for eleub3e multiple dwellings on the East 1/2 of Block 2 in Stow's development
just South of W.70th St. and W. of France Ave., and Dickson moved,abthorizing
the Village Clerk to issue notice of Public Hearing to be held July 22.
seconded by Tupa and carried.
Motion
ORDINANCES FOR DISPOSITION OF UNCLAIMED PROPERTY.
for adoption of two ordinances governing disposition of unclaimed property, in
accordance with 1957 Statute pertaining to this matter, was reviewed; and Manager
Hyde concurred in Mr. Roy's recommendation. Bank offered the following Ordinance
for adoption, moving that Council dispense with second reading and adopt Ordinance
as submitted:
Attorney Roy's recommendation
ORDINANCE NO. 41-2
AN PRDINANCE AMENDING ORDINANCE NO. 41 OF THE
VILLAGE OF EDINA, AS AMENDED BY ORDINANCE NO.
UNREGISTERED VEHICLES AND REPEALING SECTION
I
41-1, PROVIDING FOR THE: IMPOUNDING OF CERTAIN
TNO OF ORDINANCE NO, 41-1 - THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS2 I
Section 1. Section.7 of Ordinance No. 41 of the Village of Edina, as amended
by Ordinance No. 41-1, is further amended to read as follows:
'Section 7, Unlicensed Vehicles: Impoundina. If any said vehicle
is found in any street, alley, sidewalk or parking lot of the Village
without a license identification tag, or with a broken seal or mutilated
frame number, it shall be prima facie evidence that said vehicle is
being operated on the streets of the Village without having been
registered. Said vehicle shall be immediately impounded and shall be
surrendered to the owner thereof only upon proof of ownership satis-
factory to the Chief of Police, payment of the license registration
fee herein above Provided, and payment OP the following fee:
4w-3 6/24/57
-2. rb (a) Impounding, 504
(b) For each additional day of storage after the first twenty-
four (24) hours, 106.
At the expiration of six months after such impounding, each vehicle
which has not been surrendered to the owner thereof shall be sold in
accordance with the provisions of Ordinance No. 18 of the Village."
1
Section 2.
Ordinance No. 41-1, is hereby repealed.
Section 3.
and publication according to law.
Section 7.1 of Ordinance no. 41, created by Section 2 of
This Ordinance shall be in effect from and after its passage
Motion for waiver of second reading and adoption of Ordinance as submitted was
seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows:
Bank, aye; Dickson, aye; Tupa, aye; an$ Fronk, aye; and the Ordinance was
SA PYkv// li355LJ Mayor Pro Tem
Bank then offered for adoption the follokng Ordinance, moving that Council
waive second reading and adopt Ordinance as read:
ORDINANCE NO. 18
AN ORDINANCE PROVIDING FOR THE DISPOSAL
OF UNCLAIMED PROPERTY
THE VIUGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
All property, belonging to others, which lawfully comes into the possession of
the Village, in the course of municipal operations, shall be kept in the custody
of the Chief of Police until claimed by the ownerrthereof.
be surrendered to the owner only upon proof of ownership satisfactory to the
chief of police, and the payment of any registration or other fees required by
1 aw .
Any such property which has been in the custody of the Chief of Police for a
period of six months may be sold to the highest bidder at public sale following
two weeks prior notice published in the official newspaper of the Village. All
proceeds of sale shall be delivered to the Village Treasurer and desposited in a
special fund established for the purpose. If the owner of any such property,
sold in accordance with this Section, shall furnish evidence of orvnership
satisfactory to the Chief of Police within six months after the date of sale,
the Village Treasurer shall deliver to said owner the proceeds of the sale.
A record shall be kept listing with respect to each such item of property, the
date and circumstances under which possession by the Village was acquired, the
date of publication of sale, the date of sale and the proceeds thereof.
publication according to law.
Idotion for waiver of second reading and adoption of Ordinance as read was seconded
by Tupa, and on Rollcall thereblere four ayes and no nays, as follows: Bank, aye;
Dickson, aye; Tupa, aye; and Fronk, aye; a
Section 1. Custody of Property Belonqinq to Others.
Such property shall
Section 2. Disposal of Unclaimed Propertv.
Section 3. Records.
Section 4. This ordinance shall be in effect from and after its passage and
Mayor Pro Tem
ORDINANCE FOR SUBDIVISION OF PLATTED LOTS INTO TCVO PARTS WITHOUT PLATTING.
Pursuant to discussion held at the last meeting, in connection with Mr. Howard
Nordby's request for subdivision of his lot without platting, Village Attorney
Windhorst presented the following Ordinance for the Council's consideration:
ORDINANCE NO. 261-24
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF EDINA BY PERMITTING ISSUANCE OF
ADDITIONAL BUILDING PERhlITS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
Section 1. Paragraph 3 of Section 3 (Open Development District) of
Ordinance No. 261 of the Village of Edina is hereby amended to read as follows:
land has been platted or subdivided and the plat is recorded, no more than one
dwelling may be erected or altered on any lot, and such lot must conform to the
requirements for platting or subdividing set forth herein;
"3. Dwellinqs and Lot Reauirements; Waiver of Reauirements. When
__ - -
. "ir3 6/24/57. .
Provided, that if it is proposed to erect a single family dwelling
on a lot which does not conform to such requirements, and it would work an
unreasonable hardship on the owner to obtain additional property in order that
his property will meet such requirements, the Council may nevertheless permit
the erection or alteration and use of a single family dwelling on such lot;
and
esch platted lot would cause unnecessary hardship, and waiver of such limita-
tion would not in the opinion of the Council interfere with the purpose of the
platting regulations of this ordinance, the Council may be resolution waive
compliance with platting regulations and with this section, and permit the
erection of two single-family dwellings on a platted lot, without replat or
subdivision thereof into two lots, if the application for such permit is
accompanied by a registered land survey of the lot to be divided, and each
parcel or tract thereon complied with all other requirements of this ordinance,
and if the application is further accompanied by the consent of the planning
Provided further, that if the limitation herein of one dwelling on
I commission thereto.''
Tupa offered the Ordinance for adoption, moving that Council waive second reading
and adopt Ordinance as read. Motion was seconded kby Dickson, and on Rollcall
there were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa,
aye; and Fronk, aye; and the Ordinance was adopted.
Mayor Pro Tem
MUTbAL INDEMNIFICATION CONTRACT--VILLAGE-SCHOOL DISTRICT NO, 17.
Windhorst asked once again about the proposed contract advocated by the School
Board.
Village liability policy will mean an additional premium.
Attorney
It was reported that insurance on premises not already covered by the
No action taken.
VOTING MACHINES--SCHOOL ACTION ON. mr. Hyde reported that the School Board has
taken favorable action on the Village's request for storage of voting machines
and use of schools as polling places, but that some details remain to be worked
out at a meeting to be held Friday morning.
POSTPONEMENT OF JUNE: 24TH SPECIAL ASSESSMENT HEARINGS TO MONDAY, JULY 1.
Hyde reported that the Edina-Morningside Courier had neglected to make proper
publication of the "Notice of Hearing" on several special assessment projects
scheduled by the Council on May 13 and 27, for this evening; that Hearings should
be held July 1.
7:30 P.N., was seconded by Bank and carried.
Manager
Dickson's motion, postponing scheduled Hearings to July 1, at
SPECIAL ASSESSMENT HEARINGS SCHEDULED FOR JULY 8: Manager Hyde presented several
Special Assessment Rolls, suggesting that Council conduct public hearings as soon
as possible, and Bank offered the following Resolution and moved its adoption:
RESOLUTION PROYIDING FOR SPECIAL ASSESSNIENT HEARINGS-
STREET IMPROVEMENTS NOS. A-76, A-81, A-85, A-86, L-29
AND B-34
BE IT RESOLVED by the Council of the Village of Edina as follows:
1.
for the improvements set forth in the Notice of Hearings set forth below, and the
amounts proposed to be assessed against the respective lots, pieces and parcels of
land within the districts affected by said improvements, and said proposed assess-
ments having been filed with the Clerk, the same are hereby approved; and the Clerk
shall keep the same on file in her office and open to public inspection pending
hearings thereon as herein provided;
This Council shall meet at the time and place specified in the form of
notice of hearings hereinafter contained, to pass upon said proposed assessments;
and the Clerk shall publish notice of the time, place and purpose of said meeting
in the official publication of this Village not less than two weeks before the
date of said meeting, in substantially the following form:
The Clerk and Engineer having calculated the proper amounts to be assessed
2.
NOTICE OF ASSESSMENT HEARINGS ON BLACKTOP NO.
A-76, A-80; A-81, A-85 AND A-86: STREET LIGHTS
NO. I,-2 AND CURB & GUI"ER B-34
NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet
at the Village Hall on Monday, July 8, 1957 at 7:30 o;clock P.M., to hear and
pass upon all objections, if any, to the proposed assessments listed above and
which assessments are now on file in the office of the Village Clerk and open to
BLACKTOPPING
public inspection: -
1.
2.
3.
4.
5.
A-76 - Concord Avenue from W.60th St. to Southview Lane
A-80 - W.52nd St. from Highway No. 169 to Bedford Ave.
A-81 - W.58th St, from France Ave. to Brookview Ave.
A-85 - Ashcroft Ave. from W.59th St. to W.6Oth St.
A-86 - Lake Ridge Road,
18t-I .
The area proposed to be i includes all lots and tracts
STREET LIGHTS
ix 1. L-2 - West 51st Street
. 6/24/57 assessed for the cost of the above improvements
of land abutting the. streets improved.
and Tndianola and West 51st Street and Juanita. -
The area proposed to be assessed for the cost of said improvement
includes all lots and tracts of land as follorvs: - Glenview Addition: -
Block 1, Lots 5,6,7,8; Block 3, Lots 1,2,$5,16,17,18,19 and 20; Block 4, Lots,
1,2,3,4; Block 5, Lots 1,2,3,4,5; Stevens First Addition - Lots
CURB 8 GUTiER
5, Block 6;
Lot 6, Block 2.
1. B-34 - Ridgeview Drive from Danens Drive to hleadow Ridge.
The ?rea proposed to be assessed for the cost of said improvement includes
all lots and tracts of land as follows: Brookview Heiqhts First - Block 4,
Lots 1 and 44; Block 8, Lots 5,6,7,8,9,10 and 11.
Assessments for Blacktopping and Curb t3 Gutter will be payable in five equal
consecutive annual installments over a period of five years, with first year payable
with taxes for the year 1957 collectible in 1958, with interest on the entire assess-
ment at the rate of 5% per annum from the date of the resolution levying the assess-
ment to December 31, 1958. To each subsequent installment will be added interest at .
the same rate for one year on all unpaid installments.
installments over a period of ten years, with first year payable with taxes for the
year 1957 collectible in 1958, with interest on the entire assessment at the rate
of 5% per annum from the date of the resolution levying the assessment to December 31,
1958. To each subsequent installment will be added interest at the same rate for
one year on all unpaid installments.
The owner of any property assessed for all of the above improvements may pay
the whole of assessment without interest to the Village Treasurer before 12 o'clock
noon on December 31, 1957 or make payment with accrued interest to the County
Treasurer,
BY ORDER OF THE VILLA= COUNCIL. GRETCHEN S. ALDEN
Village Clerk
Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there
were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa, aye; and
Fronk, aye; and the Resolution was adopted.
'I
Assessments €or Street Lights will be payable in ten equal consecutive annual
Mayor Pro Tem
PROSECUTION ON BUILDING INVIOLATION OF ZONING ORDINANCE. i Manager Hyde reported
that a complaint has been received on the placement of a,garage at 6212 Nyman
Avenue, built within ten feet of the Northerly property line whereas permit was
given for placement not less than twenty feet from the line. He reviewed the
history on the matter, including notices to the builder, dated August 14, 1956
and May 6, 1957, to move said garage, and conversation with the new owner,
J.P. Engquist, who wishes the garage to remain where it is.
reviewed the methods of prosecution under the Ordinance, and recommended the
Village's following the civil proceedings, by issuing an order to remove the
violation. Village Attorney directed to proceed in accordance with his
recommendation.
*
Attorney lindhorst .
"ADOLPH MEYER" STORM SEWER HEARING POSTPONED TO DULY 22. Manager Hyde explained
that, although the tentative lay-out for this improvement has been ready for some
time,there are still some details to be worked out. He asked that the Public
Hearing on the project, scheduled for July 8, be postponed until July 22, and
Tupa so moved. Motion seconded by Bank and carried.
DOG ORDINANCE draft was presented by Attorney Windhorst in accordance with.
previous instructions by the Council.
POLICY OF VILLAGE IN ENFORCING DEED RESTRICTIONS,
Attorney Nindhorst stated that the Village cannot legally enforce deed restrictions
on building, providing building conforms to Village ordinances. Tslanager Hyde
inquired as to policy in the case of Rolling Green, for example, where the
Rolling Green Association has specifically requested the privilege of examining
building plans before construction; and it was decided that in such cases the
local body should be given the opportunity to examine the plans for not more
than a week, before the Village issues a permit,
Upon inquiry by CounCilmaA' Fronk, .
EMPLOYEES PENSION PLAN. Manager Hyde reported at some length on the new
1957 law concerning employees' retirement fund-which will require a Village
contribution beginning in 1958, and which will raise employees ' contribution
from 4% to 6% of salary beginning July 1, 1957; and which provides for an
election of PERA members this fall to determine their preference as to joining
OASI.
6/2$/??- POL'fCY- ON F-mE %LA-mOPPING S&CTFTCAT?bNS.-
in line with the policy adopted this evening on Blacktop Repair after Sewer -*- ~
and Water Construction, the Council approve the Paving Machine method for &
future blacktopping specifications.
more, but that the additional cost is justified by the quality of the work done;
that the paving machine insures uniform thickness.
blacktopping specifications be written for paving machine operation, was seconded
by Tupa and carried.
Engineer Zikan suggested that , 1 8 1
i He stated that this method costs a little
Bank's motion, that future
RESOLUTION FOR PUBLIC HEARING-PROPOSED BLACKTOPPING OF BEARD AVENUE BETWEEN
W.6OTH AND W.62NR STRFET.
formal approval had not been entered in the minutes for the Hearing held this
Council's attention was brought to the fact that
evening,' and Dickson offered the following Resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING
PROPOSED BLACKTOPPING IMPROVEMENT
BE IT RESOLVED by the Council of the Village of Edina:
report as to the feasibility of the proposed Blacktopping Improvement described
in the Form of Notice of Hearing set forth below, and as to the estimated cost
of such improvement, said report is hereby approved and directed to be placed
on file in the office of the Village Clerk.
The action of the Clerk, in causing notice of public hearing on said
improvement to be published in the official newspaper bnee a week for two
successive weeks, the second of which publications was not less than three
days from the date of said meefing, is hereby ratified and Confirmed, said
published notice being in the following form:
1. The Village Engineer, having submitted to the Council a preliminary I
2.
NOTICE OF PUBLIC HEARING -
PROPOSED BITUMINOUS SURFACE TREATMENT
NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the
Village Hall an lVbnday, June 24, 1957, at 7:30 PIM., to consider the following
proposed improvement, to be constructed under the authority granted by Minnesota
Laws of 1953, Chapter 308,
by the Village Engineer as set forth below:
The approximate cost of such improvement is estimated
BITUMINOUS SURFACE TREATMENT OF :
ESTIMATED COST
Beard Avenue from W.6Oth St. to W.62nd St. $5,383 000
The area proposed to be assessed for the cost of the above proposed
improvement includes all lots and tracts of land abutting the portion of
the street proposed to be improved.
Motion for adoption of the Resolution was seconded by Fronk, and on Rollcall there
were four ayes and no nays, as follows: Bank, aye; Dickson,.aye; Tupa, aye; and
Fronk, aye; and the Resolution was adopted. k
I
Am=: n
-M. -
Village Clerk
Mayor Pro Tem 8
PUBLIC HEARINGS AND BIDS ON PROPOSED CONSTRUCTION PROJECTS.
presented plans, specifications and estimates of cost construction projects on
Windsor Avenue, recommending that the Council initiate procedures as soon as
possible in order to keep down maintenance costs on this street? and Bank
offered the following Resolution and moved its adoption:
Engineer Zikan
RESOLUTION PROVIDING FOR PUBLIC HEARINGS
PROPOSED BLACKTOPPING AND CURB & GUlTER
IMPROVEMENTS
BE IT RESOLVED by the Council of the Village of Edina:
1. The Village Engineer, having submitted to the Council a preliminary
report as to the feasibility of the proposed Blacktopping and Curb & Gutter
improvements described in the Form of Notice of Hearings set forth below, and
as to the estimated cost of such improvements, said report is hereby approved
and directed to be placed on file in the office of the Village Clerk.
2. This Council shall meet on Monday, July 8, 1957, at 7:30 P.M., in
the Edina Village Hall, to,consider in public hearing the views of all persons
interested in said proposed improvement.
time, place and purpose of said meeting to be published in the official news-
paper once a week for two successive weeks, the second of which publications is
to be not less than three days from date of said meeting, which notice shall
be in substantially the following form:
3. The Clerk is hereby authorized and directed to cause notice of the I
NOTICE OF PUBLIC HEARING
PROPOSED BITUMINOUS SURFACE
TREATMENT AND CURB 8, GUTTER
NOTICE IS HEREBY GIVEN that the Edina Villaqe Council will meet at the
Edina Village Hall on Monday, July 8, 1957, at 7r30 P.M., to consider the
following proposed improvements, to be constructed under the authority granted
by Minnesota Laws of 1953, Chapter 398. The approximate cost of such improve-
,. ..
6/24/57 182 ment is estimated by the Village Engineer as set forth
/ 1. BTTUlJINOUS SURFACE TREATMENT OF - Windsor Avenue c Hansen Road to Railroad Tracks
be 1 ow :
from
EST. COST
$5 y 193 94 .J 2. CONSTRUCTION OF CONCRETE CURB AND GUTTER In Windsor
Avenue from Hansen Road to East Line of Lot 8, Block 6
and to the East Line of Lot 9, Block 7, Westchester
Knolls. $1 ,494.84
The area proposed to be assessed for the cost of said improvements
includes all lots and tracts of land as follows:
Lots 1 thru 6 and Lot 9, Block 7, Westchester Knolls.
Knolls.
For No. 1 above: Lots 1 thru 8, Block 6, WestChester Knolls; and
For No. 2 above: Lot 8, Block 6; and Lot 9, Block 7, Westchester
GRETCHEN S. ALDEN
Village Clerk
Rotion for adoption of the Resolution was seconded by Tupa, and on Rollcall
there were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa,
Fronk, aye; and the Resolution was
EIIayor Pro Tem
Bank then offered the following Resolution and moved its adoption:
RESOLUTION APPROVING PLANS AM> SPECIFICATIONS FOR
PROPOSED CURB AND GUTTER IMPROVEMEMT, AND DIRECTING
ADVERTISEMENT FOR BIDS
BE IT RESOLED by the Village Council of the Village of Edina:
ment set forth in the Eolloviing Advertisement for Bids form, heretofore prepared
by the Village Engineer and now on file in the office of the Village Clerk are
hereby approved.
2.
Courier and the Construction Bulletin the following notice of bids for said
improvement:
1. The plans and specifications for the proposed Curb and Gutter Improve-
The Clerk shall cause to be published twice in the Edina-Morningside
ADVERTISEllENT FOR ’ BIDS
CURB AND GUTTI3
NOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the
office of the Village hlanager in the Edina Village Hall, 4801 West 50th Stre&t,
at 11:OO A.M., Iilonday, July 8, 1957; and that the Edina UiLlage Council will 2’.
me&€ at. ?:3D:P,B.,.on IJohday,-July 8, 1957, to consider said bids, being for
the following:
CONSTRUCTION OF CONCRETE CURB AND GUTTER In Windsor Avenue from
Hansen Road to East Line of Lot 8, Block 6 and -to the East line
of Lot 9, Block 7, Westchester Knolls.
Work must be done as described in plans and specifications on file in the
office of the Village Clerk.
deposit of $5.00, which deposit will be refunded upon return of said plans and
specifications.
undersigned before 11:OO A.AI., Monday, July 8, 1957, accompanied by cash deposit,
bid bond or certified check payable to the Village Clerk in amount of at least
ten precent of amount of base bid.
any or all bids.
BY ORDER OF THE VILLAGE COUNCIL.
Plans and specifications are available for a
No bids will be considered unless sealed and fild with the
The Council reserves the right to reject
GRETCHEN S. ALDEN
Village Clerk
3. Each and all of the terms of the foregoing advertisement for bids are
hereby adopted as the terms and conditions of award of the contract for said
improvement.
Motion for adoption of the Resolution vias seconded by Tupa, and on Rollcall there
were four ayes and no nays, as follows:
Fronk, aye; and the Resolution was adopted.
Bank, aye; Dickson, aye; Tupa, aye; and
fd
Mayor Pro Tem
illage Clerk
DISPOSITION OF CHARGES FOR CONNECTION TO TRUNK SEWERS. Manager Hyde reviewed for
the Council the text of a written memorandum dated June 4, 1957, which memorandum
vias ordered placed on file; and Tupa offered the following Resolution and moved
its adoption:
188 6/24/57
RESOLUTION FOR THE DTSPOSTTTON OF CHARGES . *I - FOR CONNECTION TO TRUNK SEWERS
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDTNA as follows: L
1. It is hereby found, determined and declared that upon the construction
of trunk sanitary sewers since the passage of Laws 1955, Chapter 842, amending
Minnesota Statutes 1953, Section 492.051, the policy of the Village, where only
property immediately connected to such sewers is assessed therefor at the time
of construction, is to reimburse the Village for the remainder of the cost
subsequently by the levy of special assessments upon additional property when
and as it is connected thereto by lateral sewers; that as to trunk seviers
constructed prior to the passage of said Chapter 842, it has been the policy
of the Village to impose charges for connection to such sewers upon owners of
property not originally assessed therefor, but subsequently connected thereto
by the construction of lateral sewers, which charges have been imposed at the
time of the levy of special assessments for such lateral sewers, and are per-
mitted to be paid in the same number of installments as said assessments, but
are not properly a part of such special assessments, and are hot pledged to
the payment of bonds issued to finance either said lateral sewers or the trunk
sewers to which they are connected, and are in fact part of the general revenues
of the municipal sewer system; that other revenues of said system have at all
times been and now are sufficiant to pay the currfmt costs of the operation and
maintenance thereof; that all capital costs of the construction, enlargement
and improvement of said system to date have been paid or provided fbr by the
levy of special assessments, or by the appropriation of future special assess-
ments in connection with additional lateral sewers as above recited, except
for the sum of $20,035.00 remaining 50 be paid to the City of Minneapolis, but
not yet due, on the cost of the original outlet to the Minneapolis sewer
system at 54th Street, obtained for the trunk sewer designated as Joint Sewer
No. 1, and except €or the Village's share of the cost of the interceptor sewers
through the Village of Richfield and the City of Minneapolis, providing outlets
for the municipal sewer system at 65th and 75 Streets, heretofore designated as
Joint Sanitary Sewer Improvement No, 53; that a portion of the cost of said
improvement No. 53 has been assessed upon property deemed directly benefited
thereby, and the remainder, in the amount of $230,732.42, plus interest on a
like amount of the bonds issued, to finance said improvement, has been assumed
by the Village, to be paid from collections of taxes levied for said bonds, and
from sewer revenues or other moneys available and appropriated by the council to
the debt redemption fund for said bonds, for the reduction of the taxes initially
levied; that said improvement benefits the sewer system as a whole at least to
the extent of the amount so assumed, and such amount should be paid from sewer
revenues so far as such revenues are available; and that it is therefore deemed
proper that all of said trunk sewer connection charges, after setting aside a
sum sufficient to pay said obligation incurred in connection with Joint Sewer
No. 1, beappropriated and pledged, and the same are hereby appropriated and
pledged to the Joint Sanitary Sewer Improvement No. 53 Fund.
the books and records of the Village as 'Vnapplied Connection Charges".
hereby directed that as of December 31, 1956, the sum of $16,209.80 of said
charges shall be transferred to a special fund designated as the "Minneapolis
Sewer Contract Fund"; that the remainder of said charges be transferred to the
Joint Sanitary Sewer Improvement No, 53 Fund; and that all subsequent collec-
tions of said connection charges be credited to said fund as received.
lateral sewer improvements for which said connection charges have been imposed
and the propmrtion which the principal amount of the connection charges bears
to the aggregate principal amount of the special assessments levied and con-
nection charges imposdd upon the making of each of said improvements, are as
follov1s : Proportion of Connection Proportion of Connection
Lateral Sewer Charges to Aggregate As- Lateral Sewer Charges to Aggregate As-
ImProvements sessments and charaes Improvements sessments and charses
I
2. Said connection charges heretofore collected have been accounted for on
It is
The
23 27.78% 54 I 42, 74%
24 9.39% 56 '16.6%
25 26 . 25% 57 21 . 8034
27 26 3% 59 54.41%
35 52.63% 64 51 -46%
36 39 68% 67 48 . 53%
37 47.85% 74 40 . 7%
38 26 23% 76 18.1%
40 14 07% 77 38.14%
42 34 . 20% 78 31.62%
47 2703% 89 15.46%
50 35 29% 91 32.53% 51 6 79% 94 45 30%
52 35.1% 95 7.31%
103 8.05%
33 28 01% m 61 33 . 43%
184- 6/24/57
Upon each collection of said special assessments and connection charges for
any of said improvements, that proportion thereof which the griginal amount
of said charges bears to the aggregate amount of said assessments and charges
shall be credited to the Joint Sanitary Sewer Improvement No. 53 Fund as above
provided.
cp i
IKotion for adoption of the Resolution was seconded by Bank, and on Rollcall there
were four ayes and no nays,as follows: Bank, aye; Dickson, aye; Tupa, aye; and
FTonk, aye; and the Resolution was adopted.
hlayor Pro Tem
CLAIMS FOR PAYMENT.
Pre-List dated June
General Fund -
Bank's motion for payment of the following Claims, as per
24, was seconded by Tupa and carried:
$1 2,343 . 66 Park 8 Park Const. Fund - $10,939.47
Const. Fund -162,823.06 Sewer Rental Fund - 161 -51
Water Fund - 7,118.40 PIR 8, Spec. Assess.Funds- 5,203.58
Liquor Fund - 27,686.21 TOTAL -$226,275.89
TEMPORARY FINANCING OF FUTURE CONSTRUCTION PROJECTS ADOPTED AS POLICY. Finance
Director Dalen' s recommendation for the financing of future construction projects,
as now allowed by a 1955 amendment to Section 429.091, was reviewed at some length;
this amendment providing municipalities with statutory authority to issue and
purchase their own bonds for a temporary period. ldr. Dalen's recommendation
for procedure to be followed in such financing was as follows:
(1) Transcript of proceedings will be furnished our bond attorneys to rule
on, in the same manner as if we were to isSue permanent bonds.
(2) Mimeograph bonds will be prepared, the form of which will be approved
by the bond attorneys.
(3) Interest will accrue at the rate of four percent (4%) per annum on
temporary bonds.
(4) Interest will be capitalized at the rate of five percent (5%) per annum
on construction projects financed by these temporary bonds.
accrue from the date of the first contract payment.
(5) Refunding bonds will be issued sometime during the two year period.
Interest to
ltr. Dalen's reason for temporary financing was that it will place the Village
in a better position to secure low interest rates in the future.
motion, accepting Finance Director's recommendation as to temporary financing
of construction projects and the procedure to be followed in such financing,
and adopting as policy this method of financing future construction projects,
was seconded by Tupa and unanimously carried.
Dickson's
SANITARY SEWER IMPROVEIENT NO. C-1 EASEMENT ACQUISITION AUTHORIZED . Engineer
Zikan reported that the Village is experiencing considerable difficulty in
securing an easement from Alfred A. Kei1,7130 Normandale Road, for construction
of the sanitary trunk sewer; that the contractor is ready to begin work on this
portion of the sewer and delay will be costly; that the Keils are demanding
considerable money for that portion of the proposed easement which will run
across the South boundary of their land--but that Mr. Roger B. Holt will, for
$1,000, give a 20-foot permanent easement and temporary construction easement
of 30 feet across the North boundary of his land (abutting the Keil's land on
the South).
stating h
B. Halt and Other Grantors" for purchase of the easement.
recommendation of Engineer be accepted and check be issued was seconded by
Dickson and carried.
This evening 's agenda' s having been covered , Tupa moved for ad journmenG Motion
seconded by Bank: and carried. Meeting ad
He recommended acquisition of easement from Mr. Holt on his terms,
feels that this disposition will save expensive condemnation costs,
and ask/? k at the Council authorize issuance of a check for $1,000 to *'Roger
Tupa's motion that
to July 1 at 7:30 P.M.
I Village Clerk