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HomeMy WebLinkAbout19570722_regular7/22/57 28% MINUTES OF THE REGULAR MEETING OF THE EDINA AT 7:30 P.M., AT THE EDINA-VILLAGE HALL. VILLAGE COUNCIL, HELD MONDAY, JULY 22, 1957, 'F - Members answering Rollcall were Bank, Dickson, Tupa and Fronk. _presided in Mayor Bredesen's absence. Minutes of the Regular Meeting of July 8, 1957, were approved as submitted, by Motion Tupa, seconded by Dickson and carried. Mayor Pro Tern Fronk PUBLIC HEARINGS ON PETITIONS FOR PERMITS TO CONSTRUCT MULTIPLE DWELLINGS: Clerk presented Affidavits of Publication in Edina-Morninsside Courier July 11 and 18, 1957, of Notices of Public Hearings; Affidavits of Posting, dated July'9, and Affidavits of Mailing, dated July 10, 1957, all of which were approved as to form and ordered placed on file. Pursuant to said Notices, the following Public Hear- ings were conducted, and action taken: 1. PUBLIC HEARING ON PETITION OF MR. E. C. STOW FOR PERMIT TO CONSTRUCT MULTIPLE DWELLINGS ON THE EAST 1/2 OF BLOCK 2, "EDGEMOOR'E. Council informed audience that this Hearing has been held in order that compliance be had with ,the Zoning Ordinance--the neighbors-having decided on June 10 that they would prefer multiple dwellings in this location, rather than the Community Store District for which Mr. Stow had-originally petitioned. registered at the Hearing, and no written objections had been received prior thereto. There were no objections Bank offered the following Resolution and moved its adoption: RESOLUTION PEXMITIING MULTIPLE DWELLINGS IN BLOCKS TWO AND NINE, STOW'S EDGEMOOR ADDITION BE IT RESOLVED by the Village Council of the Village of Edina that special permit is hereby gtanted, pursuant to proceedings heretofore duly had under paragraph 2 (a) of Section 3 of Ordinance No. 261 of the Village, for erection of two-family and multi-family dwellings on certain land in the Open Development District as follows: Multi-family apartment dwellings on Block 9 and the East 1/2 of Block 2, Stow's Edgemoor Addition. Two-family dwellings on Lots-1, 2, 3, 4 and 5, Block 2, Stow's Edgemoor Addition. BE IT FURTHER RESOLVED that p5or-.to issuance of building permits for such two-family and multi-family dwelling construction, the owner or owners shall submit their plan of construction to-the Council for approval. 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. ZJ PFd Mayor Pro Tem P 2. PUBLIC WING ON PETITION OF SOUTHDALE REALTY COMPANY FOR PERMIT TO CONSTRUCT MULTIPLE DWELLINGS ON PORTIONS OF LOTS 2, 3 AND 4, CASSIN'S OUTLOTS AND PORTION OF OUTLOT TWO, EVANS ADDITION. Messrs. Crabb and Braddock were present to submit a drawing showing tentative layout of the several apartment buildings proposed to be constructed in this area. June 5th recommendation, for approval of multiple dwellings not to exceed 14 families per acre and with suitable play area, was reviewed. Plan presented showed area for ball field. A delegation of some ten persons was present to discuss the plans; 'however, they had no real objections to the project as presented--one inquired about a jog in her alley and was informed that this matter could not be decided until property to the East is platted, and one person asked for multiple dwelling rezoning for the property North of Evans Addition on France Avenue, and was informed that a petition is necessary to initiate proceedings. adoption : Planning Commission's Bank offered the following Resolution and moved its RESOLUTION PERMITTING MULTIPL€ DWELLINGS ON PORTIONS OF LOTS 2, 3, AND 4, CASSIN'S OUTLOTS AND PORTION OF OUTLOT TWO, EVANS ADDITION permit is hereby granted, pursuant to proceedings heretofore duly had under paragraph 2 (a) of Section 3 of Ordinance No. 261 of the Village, for erection of multi-family dwellings on certain land in the Open Development District as follows : ' .- d BE IT RESOLVED by the Village Council of the village of Edina that special 1. All that part of Lot Two (2), Cassin's Outlots, Hennepin County, Minnesota, lying North of the South Seven Hundred Sixty-eight and Six Hundredths (768.06) feet of said Lot Two (2). 2. All that part of Lot Three (3), Cassin's Gutlots, Hennepin County, Minnesota, lying North of the South One Thousand Three Hundred Twenty- / two and.Thirty-five Hundredths (1322.35) feet of said Lot Three (3). ~. .- - _- - - - .. - . -.-- -- "._ -. . -. 7/22,/57 -. __.. -- 3; -Tot ' Four (.4)-Cass ?nLs Outlotsj Hengepm eounDy,-Minnesota,. -except eight (98.0) feet of said Lot Four (41, and except the .%uth Three Hundred and Eighty-three (383.0) feet of the East Two Hundred Ninety- four and Forty-eight Hundredths (294.48) feet of said Lot Four (4). 5. ~ll that part of Outlot Two (21, Evans Addition, HennePin County, FAinnesota, except that part of said Outlot TWO (2) lying South of a line parallel to and Seven Hundred Sixty-eight and Six Hundredths (768.06) feet North of the South line of Lot Two (2), Cassin's Outlots, Hennepin County, Minnesota. 3E IT FURTHER RESOLVED that prior to issuance of building permits for such multi-family dwelling construction, the owner or owners shall submit their plan of construction to the Council €or approval. Motion for adoption of 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. 208 \-'- the South Three Hundred Thirty-three (333.0) feet of the West Ninety- *-I _- ._ .. 2> p flL-* 4 L2224+J Mayor Pro Tem PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS: Clerk presented Affidavits of Publi- cation in Edina-Alorningside Courier July 11 and 18, 1957 of "Notice of Hearing- Bituminous Surf ace Treatment", and "Notice of Public Hearings-Proposed Bituminous Surface Treatment and Curb and Guttkr", both of which affidavits were approved as to form and ordered placed on file. Public Hearings were conducted and action taken: TO RAILROAD TRACKS, AND ROAD TO EAST LOT LINES OF LOT 8, BLOCK 6, AND LOT 9, BLOCK 7, WESTCHESTER KNOLLS. Manager Hyde reported that the Estimate of Cost for the Blacktopping has not changed since the meeting of July 8; that it is $5,193.94, as against 1,640.75 Assessable Feet, for $3.17 per Assessable Foot, to be assessed against all the properties along the street. The Total Curb and Gutter Estimate was once again given as $1,494.84; but, in line with Council recommendations of July 8, the assessment had been figured in two ways--1. Lot 8, Block 6, and Lot 9, Block 7, ViestChester Knolls (the lots abutting the improvement) to pay 5% of the cost, with the other 5PA being assessed over the remaining properties on the street; assessment estimate being $1.53 per foot for abutting properties; $.65 per foot for the balance. assessable foot, with the other 1/3 being assessed to the balance of the block, for $-43 per front foot. IThe owner of Lot 1, Block 7, Westchester Knolls, stated he would like to dedicate 69.3 feet of his frontage to the Village for the turn- around already in public use but in his ownership; and Mr. Allen, owner of Lot 1, Block 6, stated his true frontage is only 55 feet, although part of the former road to the North has been dedicated by the Village. frontage for which he would be assessed, stating he does not wish to pay the assessment for the frontage he has acquired by street vacation as he feels it is not the plan to improve the street back to the right-of-way. I&. Erickson, 5313 Windsor, objected to being assessed for 5@6 of the curb and gutter cost, feeiing that; 1/3 is a more equitable proportion for assessment to non-abutting properties Trustee Bank, explaining that because properties abutting the proposed curb and gutter have large frontages and because this improvement has be initiated on the Council's own motion at the recommendation of the Engineer that curb and gutter is necessary to hold the grade of the street and thus benefits all property owners on the street, offered the following Resolution and moved its adoption: Pursuant to said notices the following 1. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF WINDSOR AVENUE FROM HANSEN ROAD PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN NUENDSOR~AUENUE FROM HANSEN 2. Abutting properties paying 2/3 of the cost, or $2.04 per He inquired about the RESOLUTION ORDERING STREET IMPROVEMENTS NOS. A-95 AND B-47 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearing to be duly published on the following proposed improvements: 1. 2. BLACKTOPPING of Windsor Avenue from Hansen Road to Railroad Tracks CONSTRUCTION OF CONCRETE CURB AND GUTTER in Windsor Avenue from Hansen Road to the East Lot Lines of Lot 8, Block 6, and Lot 9, Block 7, West- Chester Knolls Addition and at the hearings 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 improvements; that said improvements a2e hereby designated and shall be referred to in all subsequent proceedings as follows: NAME OF IMPROVEMENT: No. 1 Above STREET IAIPRWEEENT NO, A-95 1 No. 2 Above STREET Ii'IPROVFYIENT NO. B-47 L". 203 __ - -. -- 7/22/57 .- . I- - L- -- . _. and-the area to be specially assessed therefor shall include all lots and tracts of land abutting Windsor Avenue between Hansen Road and the Railroad Tracks. BE IT FURTHER RESOLVED that the proposed assessment for the cost of Street Improvement No. A-95 shall be computed on a front footage basis against all said abutting property; but that the assessment for Street Improvement No. B-47 shall be computed on the basis that Lot 8, Block 6 and Lot 9, Block 7, Westchester Knolls Addition shall be assessed for one-half the cost of said project, figured on a front-foot basis for each of said lots, and the balance of said cost shall be assessed on a front foot basis against the remaining lots and tracts of land abutting Windsor Avenue between Hansen Road and the Railroad Tracks. BE IT FURTHER RESOLVED that the assessable front footage for Lot 1, Block 6 and Lot 1, Block 7, Westchester Knolls be reduced to 100 front feet for each lot, contingent upon dedication of sufficient property €or a turn-around providing Village deems it in the public interest to accept said dedication. 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. u4 Mayor Pro P-a,d Tem ( (The owner of Lot 8, Block 6, Westchester Knolls, inquired. as to the actual (placement of the proposed curb and gutter, stating that stakes set seem to (curve the street to where it will be a hazard for traffic. (Village move a hydrant if the street is to be widened as staked out. Engineer (Zikan explained that the street will be widened to its full 30-foot travelable (width; that most of the widening will be on the North side. (that for safe travel the Village must either move the hydrant or straighten out (the street; and Engineer was instructed to investigate matter before work is (begun. As to dedication for a turn-around, Mr. Allen stated that a turn-around (is already in public use; that he is unwilling to make a dedication for one. He asked that the Owner insisted 2. PUBLIC eARING ON PROPOSED BLACKTOPPING OF CHOWEN AVENUE FROM W.61ST STREET TO W.62ND STREET, AND CHOWEN CURVE. Estimate of Cost was given as $6,781.60, to be assessagainst 2,488.57 front feet, for $2.88 per Assessable Front Foot. J.P. Lace, 6132 Chowen Ave., asked that his declined offer to dedicate the "radius" portion of his lot to the Village be reinstated. this property be used as the site for an ornamental light. Upon being notified that the cost of ornamental street lights is assessable to benefited properties Mr. Lace stated he would have to consult with other property owners before making any definite commitment as to the light. No action taken on offer of property dedication. Manager Hyde recommended that, should the Council wish to accept the dedication it be for "street" rather than for "park" purposes. There were no oral objections to the proposed improvement, and no written objections had been received prior thereto. (See Resolution of later in the meeting, ordering improvement)* - Also, additional inquiry as to curb and gutter. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF W.61ST STREET FROM CHOWEN AVENUE TO EWING AVENUE, Estimate of Cost was given at $3,108.00, to be assessed against 1,039.55 Assessable Feet, for $2.99 per Assessable Foot. No oral objections were registered at the Hearing, and no written objections had been received prior thereto. - SOUTH TO DEAD END. 1,102.48 Assessable Feet, for $2.86 per Assessable Foot. the audience as to whether this Estimate includes Blacktop Curb and Gutter as per petition, and was informed that 300 lineal feet dof Blacktop Curb has been included to prevent wash. Discussion was had as to advantages of concrete curb and gutter over the blacktop type; with Village Engineer advising audience that the blacktop curb and gutter will disintegrate in time, where it has been hit by the snow plow and other heavy vehicles; that, should concrete curb and gutter be constructed, this work should be done before the street is blacktopped; that construction of concrete curb and gutter will decrease the cost of blacktopping slightly because it will be necessary to blacktop only a 27-foot width rather than a 30-foot width. An inquiry was made from the audience as to whether a petition for concrete curb and gutter, now, will delay the blacktopping. Hyde informed the audience that, should they submit such a petition tomorrow, it is.possible that the Village could conduct a Public Hearing, and take bids on the improvement, all on August 12, in which case the blacktopping project would not be delayed. Blacktopping project until next regular me&ting to give residents opportunity to submit petition for concrete curb and gutter, and scheduling Public Haaring on curb and gutter project for August 12, contingent upon receipt of petition for same, was seconded by Tupa and carried. Mr. He suggested that 3. (See Resolution of later in the meeting, ordering improvement). 40 PUBLIC HEARING ON PROPOSED BLACKTOPPING OF EWING AVENUE FROM W.61ST STREET, Total Estimate of Cost was given as $3,152.80 as against Inquiry was made from Mr. Bank's motion, that Council delay action on the proposed --- .I 7/22/57 . . **-5. -PWEE HEARING-€IN PROPOSED BLACKTOPPING OF VESTVJOOD COURT. Total Estimate of Cost was given as $6,356.00, to be assessed against 2,241.91 Assessable Feet, for ( $2.84 per Assessable Foot. Mr. Leonard Gebo inquired as to how soon Sanitary Sewer was coming in; was informed that this work is done by petition, and no petition has been received. He then inquired as to specifications, and the Estimate was read in detail. answered that plans are to dig up the base only at the gutter line where it is soft. hlr. Gebo then stated that water stands at both entrances to Schaefer Road, and asked whether grade would be changed. Mr. Zikan replied that the drainage problem needs study, but that this matter will not materially affect the blacktopping of Westwood Court--that it is a Schaefer Road problem resulting from the platting of Parkwood Knolls. proposed cuts and fills. the property owners as to whether or not they want the work done, now; and 1.k. Gebo stated that, at the time the petition was filed it was contemplated that ~VJO homes would be constructed before the improvement was contemplated; but, that because of some delay in plans the st-reet is only about half built up, and he is afraid that heavy construction trucks will damage the blacktop. hlr. C.J. Hallman asked that investigation be made to see if Carl M. Hansen could be held responsible for tiling the drainage ditch between Westwood Court and Parkwood Road. Mr. Gebo reported that property owners had agreed among themselves that assessment should be levied on a per-lot basis rather than a per front-foot basis; then asked that Council postpone action on project pending further direction from the property owners. seconded by Tupa and carried. TRAIL IN INDIANHEAD CREST. Total Assessable Cost was given as $5,443.20, to be assessed over ten lots, on a'per-lot basis as per agreement with developer, €or $544.32 per lot. objections had been received prior thereto. ordering improvement). petition has recently been filed for this same area; and hqanager Hyde suggested that Oiling be done anyway, because we are not certain just when blacktopping will be accomdished. 2 0 Li As to his inquiry as to whether the good base would be dug up, Mr. Zikan * Referring to the profile, Mr. Zikan reported in detail the Manager Hyde reminded the delegation that it is up to Bank's motion, that Public Hearing be continued to August 12, was 6. PWLfC HEARING ON PROPOSED BLACKTOPPING OF CHEYENNE CIRCLE AND CHEYENNE No objections were registered from the floor, and no written (See Resolution of later in meeting, It was brought to Council's attention that an Oiling 7. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF EL RANCHO TRAIL. Total Estimate of Cost vias given as $2,262.40, assessable over 714.09 feet, for $3.17 per Assessable Foot. objections had been received prior thereto. ordering improvement) . AVENUE TO MADISON AVENUE. against 2,085.76 Assessable Feet, for $2.81 per foot. No objections were registered at the Hearing, and no written (See Resolution of later in meeting, 8. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF BELMORE LANE FROM VAN BUREN Estimate of Cost was given as $5,857.60, to be assessed It was the recommendation of the Village Engineer that the project be postponed until such time as the Village is able to take down the hill of gravel on the property recently purchased on the East side of Jackson just North of Belmore Lane, inasmuch as the reduction of the hill will alleviate the bad wash problem. Review was had of the petition, signed by owners of seven of the twelve lots to be benefited; and hlessrs Nelson, 401 Madison (purchaser of the Graham property) and Hurtig, 323 Madison, both asked that their names be withdrawn. will of the majority and abandon the project forthwith. and carried. 9. CODE AVENUE BETWEEN W.60TH STREET AND VALLEY VIEW ROAD. read as follows: Assessable Foot, $3.45. Assessable Foot, $2.72. he feels it will help the drainage problem. drainage troubles. Ab. Zikan explained that there is a 44/100ths percent grade on the street, starting at 60th Street and going to Porter Lane; that this was the plan approved when the plat was approved, and it will not be changed. Asked if the curb will be satisfactory at this grade, Mr. Zikan replied affirmatively. explained that the street grades had been established at the time the property was platted; that, because underground utilities are now in, it is almost impossible to change Yne grade to any extent; that eventually this area may require a storm sewer. Birchcrest Drive and Valley View Road, objected to the curb and gutter but was agreeable to the blacktopping. It was noted that petition for curb and gutter carried less than 51% of front footage between the streets in question. asked for a recommendation as to the elimination of curb and gutter at the South end of Code, Engineer Zikan stated that it could be eliminated but would make. as good a job aa the combination blacktop-curb and gutter project. Manager Hyde recommended that project be done as programmed in the interests of doing away with a maintenance problem. improvements ) . Bank then moved that the Council acquiesce to the Motion seconded by Tupa PUBLIC HEARINGS ON PROPOSED CURB AND GUTTER, AND PROPOSED BLACKTOPPING OF Estimates of Cost were Curb and Gutter - Total, $9,470.72; Assessable Feet, 2,742.87; Cost per Blacktopping - Total, $7,448.00; Assessable Feet, 2,742.87; Cost per Pjlr. R.M. Sinks, 6012 Code Avenue, stated he is in favor of the improvement because -. He inquired about plans to alleviate He Fh. Arthur Stringer, owner of the property on the-East side of Code between Vdhen (See Resolution of later in meeting, ordering both 206 - ., 7/22/57 --le. .PUBLIC HEARING ON PROPOSED BLACKTOPPING OF B~CREST DRIVE FROM W.GOTH! STREET TO CODE AVENUE. Estimate of Cost was read at $7,272.00, to be assessed against 2,421.30 feet, for $3.00 per Assessable Foot. a large pie-shaped lot, stated he does not wish to delay the project but asked concerning the possibility of assessment on a per-lot basis. the fact that there are five lots across the street, which will be getting the same benefit from the blacktop street as that benefit received by his one lot. He was informed that the Council has no basis for a per-lot assessment unless owners have agreed to it; that, if he can sell his neighbors on this idea before the assessment hearing, the assessment can be refigured accordingly. AlcCampbell, owner of Lot 2, Block 2, asked for a drainage remedy, stating that water drains into Birchcrest Drive from Vlr.6Oth Street--and into W.6Oth Street from an area to the North. Engineer Zikan stated there are no plans for work on W.6Oth Street; that the water will continue to drain about where it drains, now, with part of it coming from W.6Oth Street down Birchcrest Drive. were no objections registered at the Hearing, and no written objections had been received prior thereto. (See Resolution of later in meeting, ordering improvement ) . AVENUE TO CONCORD AVENUEz Estimate of Cost was read at $6,412.00, to be assessed against 2,193.42 Assessable Feet, for $2.92 per Assessable Foot. were registered at the Hearing, and no written objections had been received prior thereto. WOODLAND ROAD TO W.58TH STREET. assessad against 1,273.65 Assessable Feet, for $2.94 per Assessable Foot. No objections were registered at the Hearing, and no written objections had been received prior thereto. e The owner of Lot 6, Block 3, He pointed out Mr. There 11. PUBLIC HEARLNG ON PROPOSED BLACKTOPPING OF Wo58TH STREET FROM WOODDALE No objections (See Resolution of later in meeting, ordering improvement). 12. PUBLTC HEARING ON PROPOSED BLACKTOPPING OF FAIRFAX AVENUE FROM We Estimate of Cost was read at $3,740.80, to be (See Resolution of later in meeting, ordering improvement). 13. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF THAT PART OF W.57TH STREET Estimate of Cost was read at $2,912.00, to be assessed against 1,029.14 Assess- able Feet, for $2.83 per Assessable Foot. No objections were registered at the Hearing, and no written objections had been received prior thereto. Dickson offered the following Resolution and moved its adoption: (NORMANDALE COURT) LYING BEIVEEN STATE HIGHWAY NO. 100 AND NORMANDALE COURR RESOLUTION ORDERING STREET IMPROVEMENTS NOS. A-96, A-97, A-98, A-99, A-100, A-101, A-102, - A-103 AND A-104, AND B-48- BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: 1 . BITUMINOUS SURFACE TREATMENT (BLACKTOPPING) OF t A. Chowen Ave., W.6lst St. to W.62nd St., and Chowen Curve. B. VJ.6lst St., Chowen Ave. to Ewing Ave. C. D. El Rancho Trail. E. Code Ave., W.6Oth St. to Valley View Road F. Birchcrest Drive, W.6Oth St. to Code Ave. G. W.58th St., Wooddale Ave. to Concord Ave. H. Fairfax Ave., W. Woodland Rd. to W.58th St. I. Cheyenne Circle and Cheyenne Trail in Indianhead Crest. W.57th St. (N. Extension of Normandale Court), Highway No. 100 to Normandale Court. St. to Valley View Road 2. CONSTRUCTION OF CONCRETE CURB AND GUTTER In - Code Avenue, W.6Oth and at the hearings 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 improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: STREET IMPROVEMENT No. 1-A Above A-96 STREET IMPROVEMEIQ No. l-F Above A-101 l-B 'I A-97 l-G I' A-102 l-c A-98 l-H I' A-103 l-D 'I A-99 1-1 " A-104 l-E It A- 100 No. 2 Above B-48 and the areas to be specially assessed therefor shall include all lots and tracts of land abutting each improvement, respectively. blotion 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. c - Mayor Pro Tem EA /2<&",d 7/22/57 1, CURB AND GUTTER IN WINDSOR AVENUE FROM HANSEN ROAD TO E. LINES OF LOTS 8, BL. 6, AWARD OF BIDS TAKEN JULY 8 AND 229 1957. 2@6 AND 9, BL. 7, VESTCHESTER KNOLLS. award of contract to only bidder, Victor Carlson 8, Sons, at $1,564.50. (See action of later in meeting, awarding). AND STREET IMPROVEhENT NO, A-94--BEARD AVE., W.6OTH ST. TO 1.62ND STREET. Because of similarity in two bids, Manager Hyde read bids in detail, as follows: Manager Hyde reported that only one bid had 5 been received July 8; that it compared favorably with Estimate. He recommended 2. BLACKTOPPI"G--REPLACEMENT AFTER SEVER AND WATER CONSTRUCTION COI'APLETED IN 1956, BLACKTOP STREET IMPROVE. I~EPLACEMENT A-94 TOTAL Asconite Asphalt Co. $48,100.00 $3,842.50 $51 y 942.50 Jay W. Craig Co. 53 , 020.00 4 y 19 1 25 57,211.25 Earl Sewall 48,125.00 3,818.75 51,943 . 75 Blacktop §ervice Co. 50,880 -00 3 y 705.00 54,585 . 00 Mi-. Hyde recommended award of contract to low bidder, Asconite Asphalt Company. He explained that, although they have done no work in Edina, they have completed considerable work for Bloomington, some for Plymouth, and some for Hennepin County. 3. _STREET'TMPRQIIEMENTS~.NOS." C-72;C-73 AND C5?5--GRADING AND GRAVELING. Manager Hyde presented the report that the one bid received for these three projects is slightly higher than estimate, bid being as follows: No. C-72 - In BentonAve. from Tracy Ave. to 5516 Benton * .C-75 - In Vandervork Ave. from Hollywood Road to B (See action of later in meeting, awarding). TERRY BROS., INC. $7,935 . 00 $3 , 800.90 Division St. $8,916.50 Total $20 , 652.40 C-73 - In Van BurenAve. from Belmore Lane to Maloney Mr. Hyde recommended award of contract to this bidder; and Bank moved that Curb and Gutter, Blacktopping and Grading and Graveling contracts be awarded in accordance with Manager's recommendations. Motion seconded by Dickson and carried. 4. AIR CONaITIONTNG FOR VILLAGE HALL. Manager Hyde read bids in detail as OFFICE CHAMBERS AREAS follows : FOR GENERAL FOR COUNCIL FOR BOTH Fred Vogt 8 Co. $13,700.00- Exclusive of Electrical Service. Northern Contracting CO. $15,337.00 $11,423.00 $22,660.00 West End Air Conditioning Co. 14,196.00 9 233 00 23,429.00 Yale Engineers, Inc. 12,289.00 9 , 895.00 18,300.00 Nr. Hyde stated he had been in conference with the consulting engineer on air conditioning, since receipt of bids this morning; that it is the engineer's opinion that the Yale plan will give us a good job; that this plan is €or two large units in the Engineering Office, and two more in the Council Chambers, .with service from these units for the entire general office and council chambers. Discussion was had as to the need for air conditioning in the Police Department as compared with that in the Council Chambers which are not used full time; and Council instructed Manager Hyde to see about substituting one or two units for the police department in place of one of the large Council Chambers units. Dickson moved that Village proceed immediately with the air conditioning of the General Office and installation of window units for the Police Department; that the contract for the General Office air conditioning be awarded to Yale Engineers, Inc., and that a re-study be made on the air conditioning of the Council Chambers. I hqotion seconded by Tupa and carried. BLACKTOPPING OF CHOL'EN AVENUE FROM 61ST TO 62ND STREET, AND CHOSEN CURVE. Illre Alexander, 6137 Chowen Avenue, asked several questions relative to this project, approved earlier this evening. Project does not include blacktop curb and gutter. included another public hearing must be held. increase the cost an estimated $1.00 per foot. 4. were to be installed it would cost an estimated $3.00 per foot, but the blacktop cost would decrease a little because width of blacktop would be less. 5. planned to construct the improvement about ten feet into the intersection of 17.62nd Street. In reply to his questions, he was informed - 1. 2. If this work is to be Blacktop Curb and Gutter would If Concrete Curb and Gutter It is 3. RAILROAD 8, WAREHOUSE C0I;IISSION'S NOTICE of June 18, that Minneapolis Street Railway Company has been granted a bus turn-around at 62nd and Xerxes, was reviewed and ordered placed on file. PUBLIC HEALTH NURSING REPORT FOR JUNE was submitted, reviewed and ordered placed on file. IMPROVEMENT PETITIONS listed below were filed, and Bank moved for acceptance of petitions, and work in conformance with Village Oiling policy. Motion seconded by Tupa and carried. Oiling - Chowen Ave., bV.60th to W.6lst St. Oiling - Cheyenne Trail, Valley Vied Road to No. 6800. 7/22/57 207 t STRINGER'S ADDITION--PRELIMINARY AND FINAL PLAT OF TRACTS B & F, REGISTERED LAND SURVEY NO. 327 was approved as submitted, with Lot Depths at 119.94 feet, in order that street might be of standard width, by motion Tupa, seconded by Dickson and carried. Commission, and Engineer's recommendation as to street . -- This was in accordance with July 10th recommendations of Planning REQUEST FOR PERMIT TO CONSTRUCT TWO DOUBLE BUNGALOWS ON LOTS 14,15,16,17, BLOCK 9, WEST MINNEAPOLIS HEIGHTS came(.before the Council, with review of Planning Commission's favorable recommendations of July 10. It is petitioner's plan to construct double bungalows on each of two 80 foot lots, and a single dwelling on one 70 foot lot. petition for Monday, August 12, at 7:30 P.M., was seconded by Tupa and carried. Bank's motion, scheduling Public Hearing on the REQUEST FOR PERMIT TO CONSTRUCT A DOUBLE BUNGALOW ON LOT 13, BROOK§IDE TERRACE was considered; Planning Commission's having recommended favorably upon it at meeting of July 10, with stipulation that garages be provided for each unit. Tupa's motion, scheduling Public Hearing on request for August 12, at 7:30 P.M., was seconded by Dickson and carried, I PRELIMINARY PLAT OF AREA AT 68TH AND VALLEY VIEW ROAD, EAST OF ANTRIM ROAD, by R.S. Rosholt, was approved in accordance with Planning Commission's July 10th recommendations, by motion Tupa, seconded by Dickson and carried. FINAL PLAT OF SOUTH GARDEN ESTATES THIRD ADDITION was presented, carrying Planning Commission's recommendation for approval subject to an engineering check. Zikan presented new prints of the plat, showing a slight change in dimension in Lot 6, Block 9; stating he feels this change is preferable $0 the original. Dickson's motion, approving final plat subject to engineering check and approval, was seconded by Tupa and carried. PRAYER TOWER FOR LOTS 3 AND 4,/ELMWOOD TERRACE was once again discussed, the Planning Commission's having recommended it as a satisfactory use of the land. Considerable discussion was had on future land use for properties abutfing France Avenue between W.5lst Street and the Cemetery. Tupa moved that Public Hearing be scheduled for Monday, August 12, at 7:30 P.M., on proposed Re-Zoning to Community Store District of Lots 3 and 4, Block 2, Elmwood Terrace. seconded by Bank and carried. Engineer BLOCK 2, Motion LAND USEAGE--FRANCE AVENUE BETWEEN W.51ST STREET AND CEMETERY--REFERRED TO PLANNING COMMISSIO& The foregoing discussioii brought to mind the matter of land useage for this area, and Bank moved that it be referred to the Planning Commission for study and recommendation. Motion seconded by Tupa and carried. I. PETITION BY JAMES DeKIEP FOR VACATION OF "THAT PORTION OF SPRUCE ROAD (FORMERLY KNOWN AS NELSON AVENUE) ZWICH LIES EASTERLY OF THE EXTENSION NORTHWARD OF WEST LINE OF LOT 10, BLOCK 7, I\rIENDELSSOHN',' was filed. recommendation of July 10 was reviewed. on August 12, at 7:30 P.M., was seconded by Bank and carried. Planning Commission's favorable Tupa'.s motion, scheduling Public Hearing GODLESKY PLAN FOR DOUBLE BUNGALOW AT 60TH AND FRANCE was approved subject to compliance with stipulations set forth by Planning Commission at its meeting of July 10, by motion Bank, seconded by Tupa and carried, REQUEST FOR REZONING OF TRIANGLE AT 66TH AND YORK FOR USE AS A FILLING STATION, and the Planning Commission's preliminary reaction to such request by Miss Pearce, were reviewed. No action taken. OVERHOLT'S PRELIMINARY PLAT OF PROPERTY AT END OF DAKOTA TRAIL IN INDIAN HILLS AND VALLEY VIEW ROAD was reviewed. July 10th recommendation for approval included some specific stipulations; and Tupa moved that Council approve Preliminary Plat with these same stipulations. Motion seconded by Bank and carried. It was noted that Planning Commission's REPLAT OF LOTS 17 AND 18, BLOCK 1, BIRCHCREST was presentan Preliminary Plat form, together with Planning Commission's July 10th approving recommendation. Tupa's motion for approval of Preliminary Plat was seconded by Bank and carried. FINAL PLAT OF HIGHWOOD SECOND ADDITION, BY LE§ ANDERSON was approved subject to compliance with stipulations set forth by,Planning Commission at its meeting of July 10, by motion Tupa, seconded by Bank and carried. FINAL PLAT OF LHAD, on Ewing Avenue and W.62nd Street, was presented by Manager Hyde, who reported it had been received too late for Planning Commission consideration but that, insofar is is now known, it is the same as the Preliminary approved on May 8. to approval by Planning Commission, was seconded by Dickson and carried. Bank's motion, approving Final Plat, subject 208 s... I 7/22/57 -' L "DOG" ORDINANCE NO. 33A was presented for its Second Reading; and the small audience was Bpprised of the Council's reasons for reconsidering its action of earlier this .- '%< year adopting year-round leas&ing--l. Expense of enforcement: 2. Fact that a referendum had been held on six-months leashing. father, Mr. George Anderson, 29 Woodland Road, expressed themselves as being heartily in favor of the proposed new ordinance; whereas Mr. and Mrs. Martin R. Rasken, 4224 W.70th St. wanted the year-round leashing kept in effect for the reason that their trees and shrubs have been ruined by dogs. Some discussion was had on the various stipulations contained therein; and Dickson offered the following Ordinance for its Second Reading, moving adoption: Miss Lorraine Anderson, and her ORDINANCE NO. 33A AN ORDINANCE LICENSING AND REGULATING DOGS, PROVIDING FOR IMPOUNDING DOGS, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: AND PRESCRIBING PENALTIES FOR VIOLATIONS ' Section 1. Definitions. As used in this ordinance, Omer" means any person owning, harboring or keeping a dog; and I' "private kennel" means any premises where more than two dogs over six months of age are kept or harbored, said dogs being owned by the owner or lessee of the premises, and said dogs being confined at all times. Section 2. License Required. Any person owning, harboring or keeping a dog in the Village over ninety days old, except a dog which is at all times confined on the owner's premises, shall secure a license for such dog from the Village'Clerk. The fee for such license shall be $3.00 for each dog weighing under 30 lbs., and $5.00 for each dog weighing 30 lbs. or more. fee imposed in Section 2 to the Clerk on or before the first day of May in each year, or upon acquiring ownership or possession of any unlicensed dog, or upon establishing residence in the Village. necessity of paying such license fee to be printed in the official paper one time before the 15th day of April in eachlyear. the Clerk shall execute a receipt in duplicate. receipt to the person who pays the fee and retain the duplicate. He shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year; and he shall deliver one appropriate tag to the owner when the fee is paid. affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the Village. The owner shall see that the tag is constantly worn by such dog. may be issued by the Clerk upon presentation of a receipt showing the payment of the license fee for the current year. for each such duplicate tag. feit or attempt to counterfeit the tag provided for in section 4 of this ordinance, or to take from any dog a tag legally placed upon it by its owner with the intent to place it upon another dog, or to place such tag upon another dog. and no Tefunds shall be made on any dog license fee because of leaving the Village or death of the dog before the expiration of the license period. person or persons as may be designated by the Council shall take up and impound any dog fo.und in the Village off the premises of its owner without the tag provided for in Section 4 hereof, or any dog ketp, harbored or running at large in violation of Section 17 of this ordinance, dog whose owner is not known, the Clerk shall immediately post in three or more conspicuous places in the Village a notice of impounding in substantially the following form: To Whom It May Concern: Section 3. Date of Payment. Each owner of a dog shall pay the license The Clerk shall cause a notice of the Section 4. Receipts and Taqs. Upon the payment of the license fee, He shall deliver the original Section 5. Affixinq Taqs. The owner shall cause said tag to be Section 6. Duplicate Taus. In case any dog tag is lots, a duplicate A charge of 50 cents shall be made Section 7. Offenses Involvinq Taqs. It shall be unlawful to counter- Section 8. Taqs Not Transferable. Dog tags shall not be transferable Section 9. Tmpoundinq. The police officers of the Village or such Section 10. Notice of Impoundinq, Upon taking up and impounding any NOTICE OF IMPOUNDING DOG Date Y 19- St,, a dog corresponding to the following description: I: have this day taken up and impounded in the pound of the Village, at Sex Color Breed Approximate age . Notice is hereby given that unless said dog is claimed and redeemed on or before o clock P.M., on the day of Y 19-, the same will be sold or killed as provided by ordinance. (Signed ) - EDINA VILLAGE CLERK Upon taking and impounding any dog whose ownership is known, the Clerk shall immediately notify the owner. 203 - .-7/22L57 ; __. -1 The‘ date-of -sale-or- k5llirrg of-the dog-shaI-1 be-on or after the-.fifth day after the postinq of the notice or notification of the owner, unless that daie falls on a Sunday or holiday, in which case it shall be on or after the following day. an owner within the time or period stated in section 10 by paying to the Clerk the license fee for the current year, an impounding fee of $5.00, and a fee of $1.00 for each day the dog is confined in the pound as the cost of feeding. If the dog to be redeemed was impounded by the Village once during the 12-month period next preceding the date of the presant impounding, the impounding fee shall be $10.00; or, if the dog was impounded twice during such period, the impounding fee shall be $20.00; or, if the dog was impounded three times or more during such period, the impounding fee shall be $40.00. has a license tag for the current year at the time it is taken up, the license fee mentioned in the preceding sentence shall not be paid by the owner. license for the current year and of the fees provided in section 11, the Clerk shall release to any owner the dog claimed by him, provided in section 11 within five days after posting of the impounding notice, or notification of the owner, may be sold at a reasonable price which shall be not less than the amount of fees which the owner would have to pay to redeem the dog. All sums received over and above the fees enumerated in section 11 shall be held by the Clerk for the benefit of the owner and if not claimed in one year such funds shall be placed in the general fund of the Village. Any dog which is not claimed by the owner or sold shall be painlessly killed and buried by the Clerk or other person designated by the Council. maintain a dog pound, or designate as the dog pound a suitable and reputable kennel either within or without the Village limits. ing or subsequent disposition of his dog as being not in accrdance with the provisions of this ordinance, by filing an objection signed by him with the Village Clerk within five days after the action objected to was taken. Within ten days after the filing of the objection, the Village may bring an action in the municipal court of this Village by serving on the objecting owner a complaint setting forth the violation of the ordinance on the part of the objecting owner which gave rise to the action by the Village which is objected to. The court may then order or approve the return of the dog to the owner, withor without the pay- ment of redemption fees by the owner; or the kil.ling or sale of the dog or, if the dog has been improperly killed or sold, the payment to the owner of the reason- able value of the dog; or, imposition on the owner of the same penalty as for com- mission of a misdemeanor; or, any two or more of the foregoing. When an objection has been filed with the Village Clerk, the Village shall not kill or sell the dog referred to in the objection, if it is still in the pound, but shall within ten days after filing of such objection, either return the dog to the owner, without liability on his part for any fees, or keep it pending determination of the action described in this section. shall within ten days after such filing either pay over to the owner the reason- able value of the dog, or begin the action described in this section. dogs of vicious habits likely to cause injury to any person shall be kept con- fined on the premises of the owner. up and impound any dog found off the owner’s premises in violation of this provision and deal with it in accordance with the provisions of Sections 9 through 13. Any dog that has bitten a person shall be taken up and impounded and shall be locked up for at least fourteen days separate and apart from other dogs and under the suprvision of a veterinarian until it is determined whether said dog had or has rabies. visions of this paragraph shall be paid to the Village by the owner of such im- pounded dog and such costs may be collected by appropriate action in the Municipal Court of the Village if resort thereto becomes necessary to collect such cost. up and destroyed, provided, however, that such dog may be immediately killed if WITH REASONABLE EFFORT IT CANNOT FIRST BETAKEN UP AND IMPOUNDED. If so picked up and impounded, the dog shall not be destroyed if the owner thereof makes pro- vision for a suitable quarantine for a period of not less than six months or proof of immunization is furnished and booster injections are givenbya licensed veterinarian at’.the expense of the owner of such dog. Section 17. Restrictions on Doqs. (a) No person shall keep or harbor a dog which habitually barks or cries between the hours of 1O:OO P.M, and 7:OO A.M. (b) No dog shall be permitted to be off the premises of the owner at the times or in places below specified unless it is leashed, or accompanied by a person having as effective control over it by command as by leash: (1) Section 11. Redemption. Any dog may be redeemed from the pound by If the dog impounded Section 12. Release. Upon the presentation of a‘receipt for a dog Section 13. Disposition of Unclaimed Doqs. Any dog not claimed as Section 14. Establishment of Doq Pound. The Council may construct and Section 15. Objection by Cwner. Any owner may object to the impound- If the dog has been killed or sold, the Village Section 16. Confinement of Certain Doqs. Female dogs in heat and The police officers of the Village shall take The cost incurred by the Village in carrying out the pro- Any dog known to have been bitten or exposed to rabies shall be picked At any time in or upon the grounds of public or semi-public institu- tions, such as parks, libraries, schools, churches or other public buildings, Or in business or shopping areas, stores or commercial buildings. 7/22/57 (2) (3) No owner shall permit his dog to damage any lawn, garden or other property. No more than 2 dogs over 6 months of age shall be kept or harbored at any place; provided, however, that no more than 10 dogs over the age of 6 months may be kept in a private kennel. At night between the hours of 1O:OO P.?L and 7:OO A.M. At any time or in any place, between the dates of April 1 and September 30 of any year. (c) (d) . Section 18. Muzzlins Proclamation. Rhen the health officer shall have determined that a dog found in the Village is infected with rabies or hydrophobia, the mayor may, upon written advice of the health officer that the public safety and general welfare require it, order, by proclamation, that all dogs be muzzled when off the premises. of the owner, and that all unmuzzled dogs found off the premises of the owner be immediately taken up and impounded, and may further order that, after the proclamation has been published for forty- eight hours, either by posting or by printing in the official newspaper, all dogs found off the premises of the owner unmuzzled shall be taken up, impounded and killed, except that an officer may immediately kill such unmuzzled dog if with reasonable effort it cannot first be taken up and impounded. seized and impounded during the first forty-eight hours after the publishing of .any such proclamation shall, if claimed within five days and if not infected -with hydrophobia or rabies, be returned to its owner without any fee as described in section 11 being required, but after said five days, such dogs may be killed. break open the pound or attempt to do so, or take or let out any dogs therefrom, or take or attempt to take from any officer any dog taken up by him in compliance with this ordinance, or in any manner interfere with or hinder such officer in the discharge of his duties under this ordinance. herein, any person owning, keeping or harboring a dog in violation of this ordinance shall upon conviction thereof be punishable by imprisonment for not more than 90 days, or by a fine of not more than $100. Village are hereby repealed and rescinded. passage and publication according to law; provided, however, that licenses heretofore lawfully obtained for dogs in-:the Village shall remain valid in accordance with the terms of issuance thereof, until May 1, 1958. Any dog Section 19. Interference with Officers. No unauthorized person shall I Section 20. Penalties. In addition to the other penalties prescribed Section 21. Section 22. Ordinances Nos. 33, 33-1, 33-2, 33-3 and 33-4 of the This Ordinance shall be in effect from and after its lViotion for dcceptance of Second Reading of Ordinance, and its adoption, was seconded by Bank, 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 ado ted. Mayor Pro Tem T: (Village &JdU Clerk - ( (In connection with adoption of Ordinance No. 33Ay Council instructed Manager to (make arrangements for heavy patrol at the schools immediately after termination (of leashing period. REQUEST FOR ASSESSMENT ADJUSTMENT, LOT 7, BLOCK 9, WOODHILL ADDITION. &k. Lawrence S. Clark's request for a "radius" adjustment of old special assessments on his lot was read, and rvas discussed at some length. Because of the fact that the assessments in question-are old ones, assessed under the policy prevalent at that time, Council's opinion was that request be denied, and Bank so moved. TbTotion seconded by Dickson and carried, LICENSE FOR ON-SALE BEER AT BILTMORE LANES GRANTED. Application €or license to sell 3.2 Beer On-sale at Biltmore Lanes, 5101 W.5Oth Street, rvas submitted, and found to be in order. Dickson's motion for approval of license was seconded by Tupa and carried. PURCHASE OF LOT 24, BLOCK 18, FAIRFAX ADDITION FOR PARK PURPOSES AUTHORIZED. Manager Hyde reported that, after Council's action of July 8, authorizing condemnation of this property, it has been possible to negotiate with the owner for purchase at $1,100.00. Bank moved authorizing purchase in accordance with Manager's recommendation. Motion seconded by Dickson and carried. He recommended that Council accept the option, and OLD BLACKTOPPING PETITIONS NULLIFIED. Clerk reported that, at the instructions of the Engineering Department, a letter had been sent to present owners of properties abutting the following streets--for which petitions for Blacktopping had been filed by developers: 1. 2. W.58th Street between Code and Tingdale Avenues. Parnell Ave., W.40th to W.62nd St., and W.62nd St., Parnell to Virsinia Ave. - that in the first instance fonly three of the twelve owners had replied at all and those three in the negative; and that in the second instance owners of 51% of abutting property had replied in the negative regarding their wishes for Blacktop. Bank's motion, that petitions be nullified, was seconded by Dickson, carried, - 7/22/57 2 ?” 1. - CONDEMNATION OF ‘UQILITIES EASEMEES AUTHORIZED. Village Engineer zikan reported that he has been unable to secure easements for construction of various approved improvement projects, as set forth below: W.58th Street) Fairfax Addition, Fairfax Adition. ’ ( FOR STORM SEVER NO. 41 (Between Wooddale and Fairfax Avenue and South of Mrs. Nora M. Winkley, 5800 Wooddale Ave. - An Easement in Lot 1, Block 5, Frank R. Winkley, 5804 Wooddale Ave. - An Easement in Lot 2, Block 5, FOR SANITARY SEWER NO. C-1 (Southwest Diagonal Trunk Sewer) E. James P. Ryan, 5100 Garfield Ave. So., Mpls. - Easement in Lot 4, Block 9, LaBuena Vista. Mrs. Ruth M. Davis, 2420 Lyndale Ave. So., Mpls. - Easement in the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section Five (5), Township One Hundred Sixteen (116) North, Range Twenty-one (21) West. Mr. Byron F. Bell, 4601 Excelsior Blvd., Mpls. - Easement in the following described property - “Comm. at a point in the north line of SE1/4, distant 766 5/100 feet east from the NW corner thereof; thence east to a point distant 219 ! feet west from the NE corner of W1/2 of SE1/4; thence south 990 feet to center- line of Nine Mile Creek; thence SEly along said centerline of creek to center- line of Bden Prairie Road; thence Ely along said centerline of Road to east line of W1/2 of SE1/4; thence south 263 feet; thence west 589 2/10 feet parallel with the north line of SE1/4 to a point in a line running from the point of beginning thru a point‘in the centerline of Eden Prairie Road, distant 297 feet NEly along said centerline from a point therein distant 471 5/10 feet east from the west line of SE1/4; thence Nly to beginning ex. roads. FOR SANITARY-SEWER NO. 128 - (Brookview Heights Area) Mr. Donald Lo Stewart, 5161 Abercrombie Drive - Easement in Lot 11, Olson 8, Sons Concrete Products Co., a co-partnership - Easements in Lots Block 7, Brookview Heights Second Addition. 27 and 28, Block 7, Brookview Heights Secbrld ,niddition. Engineer Zikan reported that, in all casess it is to the interest of the public to have these easements; that in the case of Sanitary Sewer No. 128 the contractor will be forced to discontinue work unless some provision is made very soon. Bank’s motion, that Village Mayor, Manager and Attorney take the necessary steps to initiate condemnation of these properties, where deemed necessary by the Village Engineer, was seconded by Tupa and carried. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS SCHEDULED, Engineer Zikan presented preliminary plans and estimates of cost on several improvements, suggesting that Council schedule Public Hearings at its earliest convenience, in order that work . its adoption: . might be done yet this year. Bank offered the following Resolution and moved .._ RESOLUTION PROVIDING FOR PUBLIC HEARINGS- PROPOSED BITUMINOUS- SURFACE TREATMENT, CURB AND GUTTER AND SANITARY SEWER IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: The Village +Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Bituminous Surface Treatment, Curb and Gutter and Sanitary Sewer Improvements 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 Edina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. place and purpose of said meeting to-be published in the official newspaper 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 SUH- stantially the following form: 1. 2. This Council shall meet on Monday, August 12, 1957, at 7:30 P.M., in 3. The Clerk is hereby authorized and directed to cause notice of the time, ?-! NOTICE OF PUBLIC HEARINGS BlTUIvIINOUS SURFACE TREATMENT, CURB AND GUTTER AND SANITARY SEWER IMPROVE~JENT~ NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, August.12, 1957, at 7:30 P.M. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Law of 1953, Chapter 398. by the Village Engineer as hereinafter set forth: A. B. The approximate cost of such improvements is estimated EST. COST $4,550.00 BITUMINOUS SURFACE TREATMENT OF - Glengarry Parkway from Highway #169 to Ayrshire Blvd. CONSTRUCTION OF CONCRETE CURB AND GUTTER IN - Ewing Avenue from existing curb ah West 61st Street to South line of Edina Bel-Air 6th Division. . $2,686.80 .. . 7/22/57 21% C. CONSTRUCTION OF VILLAGE SANITARY SEVER AND APPURTENANCES IN THE FOLLOWING STREETS: 1. Bouth Drive from Dundee Road to Mirror Lakes Road 2. Tingdale Avenue from Rest 60th Street to Benton Avenue 3. North-South Alley between Washington Ave. (County Road #18) and Adams Avenue and between Maloney Avenue and $5,472.79 $4,181.68 North Village Limits $11 y 006 37 4. Doncaster Nay from Ayrshire Blvd. to North End of 5. Arthur Street from Maloney Avenue to 140' North of 6. State Highway #lo0 from Trunk Sewer to 1V.70th Street; Doncaster Play $7,992.65 Waterman Avenue $6,462.72 West 70th Street from State Highway #lo0 to 4800 R.70th St.; Lantana Lane from Highway #lo0 to Trillium Lane; Trillium Lane from Highway #lo0 to Larkspur Lane; Aspasia Lane from Highway #lo0 to Larkspur Lane; I Larkspur Lane from Highway ("100 to Trillium Lane. $70 , 523 12 The area proposed to be assessed for the cost of said proposed improvements includes all lots and tracts of land as follows: For A Above: Highlands; Lots 5 thru 13 inc., Block 2, John E. Anderson's Addition to Edina Highlands. For B Above: Lots 2 thru78 inc., Block 1, Edina Bel Air 6th Division; Lots 1 and 2, Block 2, Edina Be1 Air 6th Division; Lot 1, Block 3, Edina Bel Air 6th Division; Lot 9, Block 3, Edina Bel Air 5th Division. For C-1 Above: Lots 1, 2 and 3, Block 7; and Lots 5, 6 and 7, Block 8; all in Mirror Lakes in Edina. For C-2 Above: Lots 1 thru 3 inc., Donna Ridge Addition; Lots 2 and 3, Block 3, Benton Park. For C-3 Above: Lots 14 thru 26 inc., Block 8, West Minneapolis Heights; Lots 14 thru 26 inc., Block 9, Kest Minneapolis Heights. For C-4 Above: Lots 1 thru 3 inc., Block 1; and Lots 1 thru 5 inc., Block 2, All in Rosendahl's 2nd Addition to Edina Highlands. For C-5 Above: Lots 1 thru 10 inc., and Lots 17 thru 24 inc., Griffis' Subdivision of Block 18 Mendelssohn. For C-6 Above: Lots 1-3 inc., Block 1; Lots 1 thru 21 inc., Block 2; Lots 1 thru 20 inc-, Block 3; Lots 1 thru 8, Block 4; Lots 1 thru 9 inc., Block 5; all in Lake Edina Addition; and all lots and tracts of land abutting West 70th Street from Highway #lo0 to 300 feet East of Highway #loo. GRETCHEN S. ALDEN Village Clerk Motion €or adoption of Resolution was seconded by 'Illpa; 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. Lots 1 thru 9 inc., Block 1, John E. Anderson's Addition to Edina Mayor Proe Tem kllage Clerk BIDS FOR IlirIPROVEhlENT PROJECTS AUTHORIZED. specifications for several improvement projects, suggested that Council take bids on same at the earliest opportunity. moved its adoption: Engineer Zikan then presented plans and Bank offered the following Resolution and RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED BLACKTOPPING AND CURB AND GUTTER IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: Gutter Improvements set forth in the following Advertisement for Bids form, hereto- fore 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 for bids for said improvements: 1. The plans and specifications for the proposed Blacktopping and Curb and The Clerk shall cause to be published twice in the Edina-Morningside ADVERTISEMENT FOR BIDS BLACKTOPPING AND CURB AND GUTTER NOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 Nest 50th Street, at 11:OO A.M., Monday, August 12, 1957; and that the Edina Village Council will meet at 7:30 P.X., on Monday, August 12, 1957, to consider said bids, being for the following: 7/22/57 BLACKTOPPING OF: 1. Chowen Avenue from W.6lst Street to W.62nd Street, and Chowen Curve. 2. I‘T. 61st Street from Chowen Avenue to Ewing Avenue. 3. 4. El Rancho Trail. 5. Birchcrest Drive from W.6Oth Street to Code Avenue. 6. W.58th Street from Wooddale Avenue to Concord Avenue. 7. Fairfax Avenue from W. \Yoodland Road to IrJ.58th Street. 8. W.57th Street from Highway #lo0 to Normandale Court. 9. \Yindsor Avenue from Hansen Road to Railroad Tracks. 10. Code Avenue from W.6Oth Street to Valley View Road. Cheyenne Circle and Cheyenne Trail in Indianhead Crest. CONSTRUCTION OF CONCRETE CURB AND GUTTER IN - Code Avenue from VJ.6Oth Street to Valley View Road. 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, August 12, 1957, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in amount of at least ten percent of amount of base bid. BY ORDER OF THE VILLAGE COUNCIL. Plans and specifications are available for a deposit of The Council reserves the right to reject any or all bids. GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvement. Each and all of the terms of the foregoing advertisement for bids are Motion for adoption of 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. Village y&Ju Clerk Mayor Pro Tem MUNICIPAL STATE AID STREET SYSTEM. he will have finished his recommendations for establishment of a Municipal State Aid Street System within the Village, in accordance with the new law which requires this to be done before the’village will become eligible for its share of the Gas Tax. inasmuch as report must be made to the State by August 1. meeting should be adjnurndd to Monday, July 29, at a time immediately after Board of Review Meeting, for review of recommendations, and other Village business. -- SPECIAL ASSESSMENT HEARINGS SCHEDULED. Manager Hyde presented several Special Assessment Rolls, recommending that Council conduct public hearings as soon as possible, and Bank offered the following Resolution and moved its adoption: Engineer Zikan reported that, within the week He asked that the Council meet in special session to review his recommendations, Council agreed that present RESOLUTION PROVIDING FOR SPECIAL ASSESSLENT HEAR INGS-- WATERMAIN IMPROVEMENT NO . 112 j CURB AND GUTTER IMPROVEMENTS NOS. B-45 AND B-46: STORM SEVER IMPROVEMENT NO. 39 BE IT RESOLVED by the Council of the Village of Edina as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notices of Hearing 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. notices 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: 2. This Council shall meet at the time and place specified in the forms of (1 1 NOTICE OF ASSESSMENT HEARINGS ON WATERMAIN NO. 112 AND CURB AND GUTTER NOS. B-45 AND B-46 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Village Hall on Monday, August 12, 1357 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 public inspection: ( WATERMAIN NO. 112 - Construction of Village IrVatermain Extension and Appurtenances on proposed Easement from existing 12" Trunk Watermain to Ylest 64th Street and Valley View Road and in Valley View Road from Vest 64th Street to Brookview Avenue. The area proposed to be assessed €or the cost of said improvement includes the following Lots and tracts of land: 1. Ahnerts Addition - Lot 1; Peacedale Acres - Block 2, Lots 4 thru 16, incl. and Lot 18. CURB 6 GUTTER NO. B-45 - Construction of sandard curb and gutter in W.62nd Street from Concord Avenue to St. Johns Avenue. the cost of said improvement includes all lots and tracts of land as follows: Sec. 19, Twp. 28, R. 24 - Parcel #699 (F.L. Higgins); Valley View Ridge - Block 2, Lots 8 thru 13, Inc.,; Valley View Slope - Block 2$ Lots 5 and 6; Block 3, Lot 3. CURB & GUTTER NO. B-46 - Construction of standard curb & gutter in Beard- Avenue from l"i.60th Street to W.62nd Street. cost of said improvement includes all lots and tracts of land as follows: Edina Bel Air 3rd - Lots 1 thru 6, Incl.; Edina Bel Air 5th - Block 1, Lots 1 thru 4, Incl.; Block 2, Lots 1 thru 4, Incl.; Bolt's Addition - Lots 1 thru 7, Incl.; Holt's .Second Addition - Lots 1 thru 9, Incl. Assessments for Xjatermain No. 112 will be payable in ten equal consecutive, annual 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. 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 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 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 VILLAGE COUNCIL. GRETCHEN S. ALDEN (2) NOTICE OF ASSESSMENT HEARING The area proposed to be assessed for The area proposed to be assessed for the Assessments for Curb & Gutter will be payable in five equal consecutive annual The owner of any property assessed for any of the above improvements may pay Village Clerk ON STORM SEWER NO. 39 NOTICE IS HEREBY GIVEN, that the Council of the Villaae of Edina will meet at the Village Hall on Monday,-August 12, 1957 at 7:30 o'cloci P.h'l., to hear and pass upon all objections, if any, to the proposed assessment for Storm Sewer No. 39, which assessments are now on file in the office of the Village Clerk and open to public inspection: STOFUJI SEWER NO, 39 - Construction of Village Storm Sewer and Appurtenances in North Lot Line of Lot 1, Block 3, Southdale First Addition from Southdale Road to Hennepin County Storm Sewer on Valley View Road. The area proposed to be assessed for the cost of said improvement includes all lots and tracts of land within the following described boundaries: "Beginning at a point on the Northwesterly lot line of Lot 1, Block 2, Southdale 1st Addition, said point being 48 kfeet Southwesterly of the Northwest corner of said Lot 1; thence Southeasterly to a point on the Southeasterly line of said Lot 1, distant 36 feet Southwesterly from the Southeast corner thereof; thence Southeasterly to a point on the Southerly line of Lot 2, said Block 2, distant 45 feet southwesterly from the Southeast corner thereof; thence Southerly to a point on the South line of Lot 3, said Block 2, said point being 53 feet Westerly from the Nest line of Southdale Road; thence Southerly to a point on the Southerly line of Lot 4, said Block 2, said point being 39 feet Westerly from the Xest line of Southdale Road; thence Southerly to a point on the Southerly line or" Lot 5, said Block 2, said point being 37 feet Westerly from the West line of Southdale Road; thence Southerly to a point on the Southerly line of Lot 6, said Block 2, said point being 35 feet Westerly of the V?est line of Southdale Road; thence Southerly to a point on the Southerly line of Lot 7, said Block 2, said point being 46 feet Westerly on the IYest line of 5outhdale Road; thence South- easterly to a point on a line drawn parallel to and 30 feet Southerly of the Northerly line of Lot 8, said Block 2, said point being 35 feet Westerly?of the Vlest line of Southdale Road; thence Easterly to a point on the East line of South- dale Road, said point being 18 feet Southerly from the Northwest corner of Lot 7, Block 3, Southdale 1st Addition; thence Easterly parallel to and 18 feet Southerly from the Northerly line of said Lot 7, to a point 80 feet Easterly of the East line of Southdale Road; thence Northerly to a point on the Northerly line of Lot 6, said Block 3, said point being 75 feet Easterly of the East line of Southdale Road; thence Northerly to a point on the North line of Lot 5, said Block 3, said point being 41 feet Easterly of the East line of Southdale Road; thence Northerly to a point on the North line of Lot 4, said Block 3, said point being 41 feet Easterly 5 of the East line of Southdale Road; thence Northerly to a point on the North line of Lot 3, said Block 3, said point being 40 feet Easterly of the East line of Southdale Road; thence Northerly to a point on the North line of Lot 2, said Block 3, said point being 43 feet Easterly of the East line of Southdale Road; thence Northerly to a point in the Northerly line of Lot 1, said Block 3, said point being 38 feet Easterly of the Easterly line of Southdale Road; thence Northerly to a point which is 26 feet South of the South line of West 66th Stret and 80 feet Southeasterly of the interse3tion of the South line of West 66th Stret and the Easterly line of Southdale Road; thence Northwesterly to the intersection of the South line of West 66th Street and the Easterly line of Southdale Road; thence West along the South line of West 66th Street to a point which is 70 feet West of the Westerly line of Southdale Road; thence Southeasterly, to beginning." Assessments for Storm Sewer No. 39 will be payable in ten equal consecutive annual 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 assess- ment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1958. interest at the same rate for one year on all unpaid installments. BY ORDER OF THE VILLAGE COUNCIL, GREXCHEN S. ALDEN Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Fronk, aye; and the Resolution was adopted. To each subsequent installment will be added I Village Clerk Bank, aye; Dickson, aye; Tupa, aye; and -__I Mayor Pro Tem illage Clerk TO STATE RETURN/OF LOT 20, BLOCK 13, CLEVELAND'S SUBDIVISION OF EMMA ABBOTT PARK AUTHORIZED. The Park Board's recommendation favorable to returninq this property to the State -. and put up for public auction, for the reason that the Village now has about l+ blocks for park and recreation purposes in another section of this immediate area, was read and discussed. Bank's motion, that Village relinquish the property to the State was seconded by Tupa and carried. SALE OF VILLAGE-OWNED PROPERTY DISCUSSED. sell two tracts of land--one at W.6Oth Street and St.Johns; the other at 57th and France. that they should be sold providing clear title rests in the Village and providing they can legally be sold, for a ponding area; that the newly constructed storm sewer on France Avenue will make this unnecessary. Manager Hyde suggested that the Village Some discussion was had on these two tracts, and consensus of opinion was It was noted that the 57th Street tract had been acquired CLOSING.OF FRANCE AVENUE TO TRAFFIC DURING CONSTRUCTION OPERATIONS. pursuant to complaint by Mr. Lee Paris, 69 Woodland Circle, came before the Council for discussion. on Tuesday, to see what can be done to alleviate the bad condition. Manager Hyde reported he will meet with County Engineer Peterson AUDIT REPORT FOR 1956 was reviewed in detail for the Council by Finance Director Dalen, and accepted. EDINA HIGHLANDS SCHOOL ROAD was discussed, the suggestion having been made that Doncaster Way be brought through to Highway No. 169. CLAIMS APPROVED FOR PAYMENT. on Pre-List dated July 22, 1957, be paid, was seconded by Bank and carried: Tupa's motion, that the following Claims, as listed General Fund ----- $15,389.37 Waterworks Fund ----- $3,457.47 Const. Funds----- 4,847.72 Improvement Funds --- 20,000.00 Const. Fund ----- 157,587.33 Liquor Fund -^e-- 21 , 095 -67 Park and Park Sewer Rental Fund---- 680 . 52 TOTAL $223 , 058.08 Bank's motion for adjournment of meeting to Monday, July 29, 1957, at a time immediately following the adjournment of the 5:OO P.M. Board of Review Meeting, was seconded by Dickson and carried. ting adjourned at 11:15 P.M. &AdJU Village Clerk .