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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