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HomeMy WebLinkAbout19571014_regular276 ih 0/14/5 7 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY , OCTOBER 14, 1957, AT 7:30 P.M., AT THE EDINA VILLAGE HALL. Rollcall was answered by members Bank9 Dickson, Fronk, Tupa and Bredesen. Minutes of the Regular Meeting of September 23, 1957, and the adjourned portion thereof held September 30, 1957, were approved, by Motion Fronk, Seconded by Dickson and carried. SERGEANT HENRY I"BOBLESK1 was presented with a certificate of graduation from a course in Eire . Administration. PUBLIC HEARING ON PROPOSED OPENING, GRADING, GRAVELING AND OILING OF SHANNON DRIVE THROUGH FJELDHEIN PROPERTY TO DEWEY HILL ROAD. of "Notice of Hearing" in Edina-Morningside Courier October 3 and 10, 1957, was Affidavit of Publication presented, approved as to form and ordered placed on file. as prepared before the taking of bids this morning, was read at $10,380.00, for 38-30 per Assessable Foot. Manager Hyde told the audience that the only bid received this morning was in the amount of $6,492.00, which would reduce the cost considerably. (the only owners to be assessed for the project), objected to the proposed assessment on the grounds of (1) Cost* Manager the FjeJ'dheims had expected to pay some $3,500 to $4,000, at an estimated rate of $6.00 "per foot". It was evident that there had been a misunderstanding, here, the Fjeldheims believing the cost estimate to be on a =per lineal footrR basis, whereas Mr. Hyde was talking '*per front foot". (2) Benefits. hlr. Nelson told the Council that, because the petition for the improvement had been signed by property owners in Prospect Hills, who wish to . use the road as ingress to their properties, some of the cost should be borne by these people. The Council explained that the policy of assessing the cost of opening a road against the abutting properties only has been of long standing and can hardly be changed at this time. secured the deed for the right-of-way in connection with a drainage problem; and that it was definitely understood at the time the deed was tendered that this street should go through. The Fjeldheims disputed this, stating it was their understanding that the road should be put through at" such time as they wished; that because they are not sure they can sell their lots they do not want the road at this time; that they feel the Village should secure additional bids if it does determine that the road must go in. ordinarily the developer's responsibility to grade and gravel his roads; that, if the matter is handled in this mabber the Fjeldheims would have to deal directly with a grading contractor and pay when work was completed, instead of enjoying assessment privilege. The Fjeldheims remained adamant, however, stating they would prefer this latter method; and Fronk moved that project be abandoned. the agreement about which 1.k. Hyde spoke be located and placed on file for future reference. Estimate of Cost, At.ttorney Arthur Nelson, representing the Fjeldheims He stated that, after a talk with the EAr. Hyde reported that the Village has Ab. Hyde explained that it is Motion seconded by Dickson and carried. Trustee Bank suggested that PUBLIC HEARING ON PROPOSED SANITARY SEWER IN INTERLACHEN BLVD. FROM MIRROR LAKES DRIVE TO COOPER AVENUE; IN COOPER AVENUE FROM INTERLACHEN BLVD. TO ORCHARD LANE: AND IN ORCHARD LANE. Morningside Courier on October 3 and 10, 1957, was presented, approved as to form, and ordered placed on file. morning, was read in total amount of $35,675.48, as against 3,721 Assessable Feet, for $9.59 per Assessable Foot. hlr. Don Leary, 5501 Interlachen Blvd., asked that the sewer line be run East sufficiently far to serve his home; and Nr. Charles Brown, owner of Lot 2, Brum's Addition, asked for the same consideration for his lot, stating that he is in dire cesspool trouble and must have some relief. gentlemen were informed that they could be served if they would be willing to sign a waiver of notice, insofar as the hearing is concerned. Council that running a line for 1.b. Brown would increase the cost per assessable foot, because the lot on the other side of the street cannot be assessed. Discussion was had as to assessments for Lot 7, Brum's Addition, and Lot 4, Skyline, the first being an interior lot, with a 30-foot entrance from Interlachen; and Lot 4, Skyline being a completely interior lot, with an easement across Mr. Leary's Lot 1. It was consensus of opinion that both lots be assessed a minimum of 75 front feet. of assessment for Peason that his corner home faces hqeriiane and is some 170 feet from Interlachen Blvd.; and Council agreed that this would be a fair exclusion from assessment. Manager Hyde reported that, because bids received this morning were slightly lower than estimate, cost per front foot, including stubs (or Y's) L to ~.lessrs. Leary's and Brown's lots, and exclusion of L4.r. Edwards' property from assessment, together with minimum assessment for Lot 7, Brum's Addition, and Lot 4, Skyline, should be just about what was estimated. and the Council that construction of the sewer, now, will mean that INTERLACHEN BOULEVARD WILL BE ROUGH NEXT SPRING AND EARLY SULVIER, Resolution and moved its adoption: Affidavit of Publication of "Notice of Hearing" in Edina- Estimate of Cost, prepared before bids were taken this Both Ur. Zikan told the Letter from 1.k. A. 0. Edwards, No. 17 Merilane, asking to be relieved Mr. Zikan informed the audience Bank offered the following 1 0/14/5 7 REBOLUTION ORDERING TMPROVENIENT SANITARY SEWER IMPROVEMENT NO. 137 BE IT, RESOLVED by the Council of the Village of Edina, Minnesota, that. this Council heretofore caused notice of hearing to be duly published on the proposed improvement of Interlachen Blvd. from Mirror Lakes Drive to Cooper Avenue; Cooper Avenue from Interlachen Blvd. to Orchard Lane; and Orchard Lane, by Construction of Sanitary Lateral Sewer and’ Appurtenances therein; and at the hearing held at the time and place specified in said notice the Council has duly considered the views of a11 persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows: CONSTRUCTION OF SANITARY LATIBAL SEWER AND APPURTENANCES IN: INFROVEMENT NO. Interlachen Blvd. from Mirror Lakes Drive to Cooper Avenue; Cooper Avenue from Interlachen Blvd. to Orchard Lane; Orchard Lane. Sanitary Sewer No. 137 b 30 BE IT FURTHER RESOLVED that, upon receipt of the proper written waivers by lilessrs. J.Don Leary and Charles Brown, owners of Lot 1, Skyline and Lot 2, Brum’s Subdivision, respectively, said Sanitary Sewer shall be ’:extended to serve said lots. BE IT FURTHER RESOLVED, that the areas to be specially assessed for said Sanitary Sewer Improvement No. 137 shall be all lots and tracts of land abutting said Sanitary Sewer, including Lots 1, Skyline and 7, Brum‘s Subdivision (providing extensioq of sewer is authorized in writing by owners), except the West one-half of Lot 17, Rolling Green. Motion for adoption of the Resolution was seconded by Fronk, and on Rollcall there were five Fronk, aye; 0 Mayor I - AbVARD OF BIDS TAKEN OCTOBER 14, 1957. Tabulatibn of Bids taken today on - being that of Terry Bros., Inc., at $6,492.00. Phelps-Drake Coo , Inc, , $28,625.05; Swanson Excavating Co. , $29,273.75; Northern Contracting Co. , $35.387.30. bidder, Phelps Drake Co. Fronk’s motion, awarding Sanitary Sewer Contract to low bidder, Phelps-Drake Company, and rejecting bid of Terry Bros., Inc. for Grading of Shannon Drive, was seconded by Tupa and carried. Engineer Zikan and Manager Hyde presented 1. 2. SANITARY SEWER IN INTERLACHEN BLVD. €TC. (N0.137) - Three bids - GRADING, GRAVELING AND OILING OF SHANNON DRIVE - One bid received, Nr- Zikan recommended award to low ADDITION TO PUBLIC HEARING-SANITARY SEWER NO.=. .hlr. Kaiser, owner of Parcel No. 2830 (unplatted property) asked that connection be put into this vacant tract, and was told that connection could be put into the curb line, here. During the Public Hearing, * PUBLIC HEARING ON PETITION TO BUILD DOUBLE BUNGALOW ON LOT 3, BLOCK 5, WET- CHESTER KNOLLS (5208 WINDSOR AVENUE). Affidavit of Publication in Edina- Morningside Courier September 19 and 26, 1957, and Affidavit of Posting as of September.17, were approved as to form and ordered placed on file, as was Affidavit of Mailing of “Notice of Public Hearing”. favorable recommendation was reviewed. the Council he expects to live in half the dwelling and to rent the other half. Messrs. Herb Broughton, 5201 Windsor Ave., CTlof A, Anderson, 5200 Windsor, and Vernon Schweiger, 5109 W.56th St., and the owners at 5524 Code, Windsor and 5517 Code, all objected to the double bungalow on the grounds that there is no assurance Mr, Orezem will continue to live in the dwelling, that the grounds of a double dwelling are not usually satisfactorily maintained, that a double bungalow in this one-family district will devaluate surrounding property. the’audience Fronk moved that petition be denied in view.of preponderance of Planning Commisdion’s Mr. Stanley CPrezem, petitioner, told and 5117 Messrs. E.L. Koons, 5205 Windsor, and J.J. Zikla, 5204 Windsor,. x were in favor of the double dwelling. After some rather heated argument from 1 3. opinion against construction. notion seconded by Tupa and carried. 10/14/57 PUBLIC HEARING ON PROPOSED VACATION OF PORTION OF GOLF TERRACE. Publication in Edina-Morningside Courier September 19 and 26, 1957, of ”Notice of Public Hearing”, and Affidavit of Posting of said Notice on September 17, 1957, were submitted, approved as to form and ordered placed on file. Pursuant to said Notice, Mayor Bredesen called Public Hearing on the proposed Vacation of “That portion of Golf Terrace lying Easterly of Lot 1, Block 2, Golf Terrace Heights and Northerly of a line running from the most Northerly corner of Lot 2, Block 2, Golf Terrace Heights to a point in the South line of Lot 1, Block 3, Golf Terrace Heights, which is 86.74 feet tilesterly of the Southeast corner of Lot 1, Block 3, Golf Terrace Heights. It was explained that petition for said vacation was tendered by Ivlr. George Frey after a property title search in which it was ascertained that an error had been made in describing that portion of the street intended to be vacated some years ago, There were no objections from the floor, on the proposed Vacation, and none had been received prior to the Hearing. Tupa offered the following Resolution and moved its adoption: REOLUT ION VACATING PORTION OF Affidavit of ? GOLF TERRACE Terrace lying Easterly of Lot 1, Block 2, Golf Terrace Heights and Northerly of a line 2unning from the most Northerly corner of Lot 2, Block 2, Golf Terrace Heights to a point in the South line of Lot 1, Block 3, Golf Terrace Heights, which is 86.74 feet VJesterly of the Southeast corner of Lot 1, Block 3, Golf Terrace Heights, as the same is reaorded in the of€ice of the Register of Deeds of Hennepin County, Minnesota, have petitioned for the Vacation of said Street; and had on said petition on October 14, 1957, at 7:30 p.m., has been given and made, and a hearing has been had thereon by the Village Council: Edina,.Hennepin County, Ninnesota, that \WEREAS, a majority of the owners of the land abutting that portion of Golf WHEREAS, two weeks’ published notice and posted notice of a hearing to be NOH, THEREFORE, BE IT RESOLVED by the Village Council of the Village of That portion of Golf Terrace lying Easterly of Lot 1, Block 2, Golf Terrace Heights and Northerly of a line running from the most Northerly corner of Lot 2, Block 2; Golf Terrace Heights to a point in the South line of Lot 1, Block 3, Golf Terrace Heights, which is 86.74 feet Westerly of the Southeast corner of Lot 1, Block 3, Golf Terrace Heights, as platted and of record in the office of the Register of Deeds of Hennepin County, Minnesota, be, and is hereby vacated. Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: Bank,,qe; Dickson, axe; Fronk, aye; Tupa, d Bredesen, aye; and the Resolution PUBLIC HEARING ON PROPOSED VACATION OF NORTH-SOUTH ALLEY BETWEEN W.58TH AND C11.59TH STREETS AND BETWEEN YORK AND XERXES AVENUES. Affidavit of Publication in Edina- Morningside Courier September 12 and 19, 1957, of “Notice of Hearing” and Affidavit of Posting of said Notice on September 5, 1957, were presented, approved as to form and ordered placed on file. It was explained to the audience that the Council has received conflicting petitions--One, signed by the majority of property owners, for the Vacation of the Alley; another, signed by 37% of the owners, for improvement of the alley by Grading and Graveling; that, because survey for improvement is expensive, the Council determined to conduct the Hearing on Vacation first, to become informed about the general opinion of the property owners. Upon review of the two petitions it became apparent that those in the North end of the block wish the alley vacated; that those to the South want it improved. -Messrs. Wilson, 5817 York; Schwartzkopf, 5821 York; Peterson, 5824 Xerxes; and the owners at 5801 and 5809 York, and Idr. Wayne Johnson, 5813 York, insisting that they have no use for the alley and do not wish to pay for its improvement for someone else’s benefit; and that the grade will push all the water into W.59th Street. Those on the South end of the Alley, at 5829 and 5837 York and 5836 Xerxes Avlenue, pleaded for improvement of the alley, stating they bought their properties with the understanding that because of a dedicated alley they could construct their garages at the back of their lots; that their homes are too large for them to put driveways in from the street. Considerable discussion was had, and Trustee Bank informed the audience that the Council cannot deprive a property owner of ingrees to his property, without paying damages. denied, and that Council schedule Public Hearing on proposed Grading and Graveling of alley at convenience of Village Engineer. Motion seconded by Tupa and carried. This was confirmed by the audience; He then moved that petition for vacation be 10/14/57 CONTINUATION OF SEPTEMBER 23RD PUBLIC HEARING ON PETITION TO CHANGE STREET NAME FROM "ERRINGER ROAD'" TO ""SOW HILL ROAD*. Council, stating that after the September 23rd Hearing he had contacted his neighbors and 1vlr. John Bloomberg, concerning their opinion on changing the name to PINE GROVE ROAD in preference to either Erringer Road or Snow Hill Road; that all were completely agreeable with the exception of A3r. Bloomberg, who could not reach a decision on the matter. change to FINE GROVE ROAD, stating that the Post Office has approved this name. Nr. Bloomberg was not present at the meeting. Bank offered the following Ordinance, moving ,that Council dispense with second reading and adopt Ordinance as read: Dr. Paul Carson appeared before the Dr. Carsons presented a petition for the ORDINANCE NO. 164-13 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA 'Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 25 the following: "Section 26. Erringer Road is hereby renamed PINE GROVE ROAD.'$ Section 2. publication. This Ordinance shall be in effect from and after its passage and Motion for waiver of second reading and adoption of Ordinance as read was seconded by Tupa, and on Rollcall there were five ayes and no .nays, as follows: Bank, aye; Dickson, aye; Fronk, aye; Tup and Bredesen, aye; and the Ordinance was adopted. CONTINUATION OF SEPTEMBER 23RD PUBLIC HEARING ON PROPOSID ASSESSENT FOR SANITARY SEWER IMPROVEMENT NO. 120. Manager Hyde presented Amended Assessment Roll, showinq Assessable Cost to be $8.61 Der Assessable Foof, rather than the $8.46 presented at the last meeting. September 23rd Hearing, Lot 7, Block 2, Mendelssohn, had been removed from the roll as not benefited; as had the East 130 Ft. .of Lot 1, Ronnei's Addition, which reduction tncreases the '"per assessable footER cost to the remaining properties. and his complaint satisfied. the sewer, and thereafter, were presented, showing the grade to be essentially the same, now, as it was prior to sewer construction; that it is just a trifle higher. regrading will ruin this surface. moved its adoption: He explained that, after complaint at the Mr. Hyde stated that Mr. Nelson's driveway has now been blacktopped, Profiles of John Street, before construction of Mr. Hyde explained that the street now had an oiled surface and that Fronk offered the following Resolution and RESOLUTION ADOPTING AND CONFIRKING AS§ES§MENT SANITARY SEWER INIPROVEMENT NO. 120 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : for SANITARY SEWER DPROVEMENT NO. 120, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assess- ments as might be necessary, and to adopt the same by resolution; that said . proposed assessments have at all times since their filing been open for public bnspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvements for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for SANITARY SEWER IMPROVEMENT NO. 120. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to Dee-ember 3,1,1958 -to be payable with general 1. It is hereby found, determined'and declared that the proposed assessments 2. I 10/14/5'7 taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general .. taxes for the years 1958,through 1966, payable in the respective ensuing years. of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County . Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. as "ASSESSMENT ROLL FOR SANITARY SEWER IMPROVEMENT NO. 120, and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the BOND IMPROVEMENT REDEMPTION FUND. 3. Prior to certification of the assessment to the County Auditor, the owner 4. Said duplicate shall be designated Zilotion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes, no nays, and one not voting, as follows: Bank, aye; Dickson, aye; Fronk, aye; Tupa, not voting, a was adopted . PUBLIC HEARING ON PROPOSED ASSESSMENT FOR LATERAL Z'JATERMAIN SERVICE TO WATERE;IAIN IPAPROVEEENT NO. 91. September 26 and October 3, 1957, of "Notice of Public Hearing" was presented, approved as to form and ordered placed on file. of Assessment totaling an amount $1,250,.87, being Lateral Connection Charge to Watermain Improvement No. 91, for Biltmore Lanes. There were no objections presented at the Hearing, and no written objections had been received prior thereto. (See Resolution of Later in Meeting, Approving Assessment). Affidavit of Publication in Edina-Llorningside Courier on Nanager Hyde presented Tabulation PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEGVER IhtfPROVEhlENT NO. 105 In Crescent Drive from Exist. Trunk Sewer S. on Highland Rd. to approx. 200 Ft. S. of S. boundary line of Countryside Addn.; Hunter St. from Uestridge Blvd. to Crescent Drive; Westridge Blvd. from Highland Rd. to 140 Ft, S. of Ridgeway Rd.; Ridgeway Rd. from Westridge Blvd. to approx. 210 Ft. Vi.; Highland Rd. from approx. 125 Ft. W. of Westridge Blvd. to approx. 475 Ft. E. of Westridge-Blvd. Tabulation of Assessment was read at $49,147.42, as against 5,588.5 Assessable Feet, for $8.79 per Assessable Foot, with a maximum front footage of L22 feet, and a minimum footage of 75 feet. Frank Uhlemann, 5520 Highland Road, asked the reason for the increase in cost, over the Estimated $7,56 per assessable foot. He reminded the Council that the General Fund was to have borne the cost of the necessary =street repair", and that property owners were to bear the cost of blacktop replacement oniy, Some general review was made of the comparative -costs, and Council agreed that assessment should be reduced by the amount of the cost of the street repair., tlr. Hyde reported that because the Village must comply with the County Auditor's deadline of October 10, for presentation of all assessments to be placed on the tax rolls for collection in 1958, the amount of this assess- %merit collectible in 1958 will remain at the present figure; that any adjustment must come in subsequent installments. (See Resolution of Later in Neeting, Amending Assessment) PUBLIC HEARING ON PROPOSED ASSESShlENT FOR WATERMAIN Ih"SROVEh1ENT NO. 113 - In Wooddale Avenue from Lagune Drive to Dunberry Lane; Laguna Drive from West line of Creston Hills to tt"oodda1e Avenue; Balfanz Road from \Yest line of Creston Hills to Creston Road; Judson Lane from VIooddale Avenue to Point Drive; Dunberry Lane from Creston Road to 100 Ft. West of Point Drive. in Edina-31orningside Courier September 26 and October 3, 1957, was presented, approved as to form and ordered placed on file. this is & a contour plat the assessment has been figured on a minimum-maximum lot basis, with a minimum of 75 feet and a maximum of 100 feet per lot assessable (whereas actual lot sizes vary from 73 feet to 211 feet in frontage); that, on this basis, the cost per assessable front foot will be $5.57 per assessable foot, compared with Estimated $5.26 per assessable foot, said Estimate being based on a straight per front foot cost. method of assessment, suggesting that the maximum frontage be raised, to reduce the cost per foot, xf$idavit of Publication of "Notice of Hearing'* 1-rlr. Hyde keported that, because %E. ;foseph F&anc& objected to the proposed After some consideration by the Council, it was decided that 1 O/14/57 inasmuch as the Public Hearing on Tmpc(jvem&thad been conducted on the basis 05-a .( per front foot cost, the assessment should be levied in this manner. Mr. Hyde once again reported that because of the County Auditor's October 10th deadline, any adjustment would have to be made beginning in the year payable 1959. Fronk offered the following Resolution: RESOLUTION AMENDING ASSESSMENT FOR WATWiilATN IMPROVEWIENT NO. 113 ANI3 ADOPTING SAID AMENDED ASSESMENT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as f 01 lows : for VdATEN,lAIN UVepROVEMENT NO. 113, and each of them, have been calculated in accordance with the provisions of Minnesota Statutes, Section 412.441; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective. assessments was and is specially benefited by the construction of the improvement for which such assessment is levied. It is hereby found, determined and declared that the proposed assessments for WATERMAIN IMPROVEMENT NO. 113 are hereby amended as to formula of assessment; said amendment being to effect $he levy of the assessment on a straight per front foot basis, regardless of lot size, formula of assessment being "Total Cost of Improvement divided by Total 'Front Feet of lots benefiting by said improvement, and that each of the lots, pieces and parcels of land enumerated in the assessment is specially benefited in the amount set opposite the description of each such lot, piece and parcel of land, respectively, as contained in said amended assessment. 3. pieces and parcels of land described in said amended assessment, and said amended assessment is hereby adopted and confirmed as the proper special assess- ment for said improvement. , The assessment against each lot, tract or parcel, together with the' interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property desc,ribed therein and all thereof. be payable ovesta5~iod of ;ftfigmg~ag3; the first of said installments to gether with interest/on t e entire/assessment from the date hereof to December:31, 1958, to be payable with general taxes for the year 1957; said first installment being one-tenth of the total principal unamended assessment. Both principal assessment and interest thereon shall be adjusted beginning with the year payable 1959, in such manner as to effect payment of the total am&nde$rprincipal and interest thereon at the rate of 5% per annum on the unpaid balance each year, over a total payment term of ten years beginning in 1958. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments there6f be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and county Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assess- ments to be collected in the manner provided by law. Said duplicate shall be designated as the "Assessment Roll for Watermain Improvement No. 113, and a11 amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the BOND IMPROVEMENT 1. It is hereby found, determined and declared that the proposed assessments 2. The amounts so set ouf are hereby levied against the respective lots, The total amount of such assessment shall 4. 5. The Clerk shall, as.soon as may be, prepare and transmit to the County REDEMPTION FUND. Motion for adoption of the Resolution was seconded by Bank, and on Rollcall there were five ayes and no nays, as follows: ; Dickson, aye; Fronk, aye; Tupa, aye; and Bredesen, aye; and the Re Village Clerk Mr. Frances inquired about the Village's repair of lawns, which have been left "high and dry"" after utilities construction. the street had not been located correctly in the first place. to have the banks sloped. Hr. Zikan informed Council that He was instructed 282 SANITARY SELER IF@ROVBJENT 'NO. 119 (Creston Hills Addition-REVIEW OF ASSESSTVENT ., Manager Hyde reported that, pursuant to the complaint registered by 1.k. Frances a levy on a per front foot basis, giving a credit of 80 feet to four lots, the office had figured a re-assessment on the same method as that proposed at this meeting for i'iatermain No. 113 (a TlIinimum of 75 feet, Maximum of 100 feet), which raised the cost per assessable foot from $10.11 per Assessable Foot to $11.16 per assessable foot; and that Assessment Roll had been forwarded to the County Auditor figured in this manner. correction should be made to levy in accordance with Resolution adopted on September 23. [ { and one other at the meeting of September 23, at which time Council approved It was consensus of opinion of Council that Fronk offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSE5SMENT FOR LATERAL WATERMAIN SERVICE TO WATERM?IN SANITARY SEVER IMPROVEhlENT NO. 105 AND ADOPTING IMPROVEMENT NO. 91 : AMENDING ASSESSMENT FOR SAID AMENDED AS§E§SMENT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : assessments for LATERAL WATERMAIN SERVICE TO WATERMAIN IMPROVEMENT NO. 91, and for SANITARY SEW? IhlPROVElrENT NO. 105, and each of them, have been calculated in accordance with the provisions of Minnesota Statutes Section 412.441; that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was kand is specially benefited by the construction of the improvements for which assessment is levied; each lot and tract of land assessed for Lateral Hatermain Service to Vlatermain Improvement No. 91 being benefited in the amount set opposite the description of each lot, piece and parcel of land, respectively; and each lot and tract of land assessed for Sanitary Sewer Improvement No. 105 being benefited by an amount equal to the assessmerit 'set'fcktli 51 that prdpoGed ragks-sment. presented at, 'this 'meefing; ,less &'re&ction' for s"treet repai2 -diYec'i3y 'in' ratib to the mohk of the Total - : i: R&duc&ion' for 3tre'ek:Repai'r :to *the number -of- front-feet *asSessed: for said improveme lots, pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special sse sme for ate assessments for said improvements, respectively. ;latermain Service to Vdatermain Improvement NO. 91/%jai Th' +~lt~~~?~~~rtract s or parcel, together with the interest accruing on the full amount theref from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to August 15, 1958, to be payable with general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1958 through 1966, collectible in the respective ensuing years; except that for Sanitary Sewer No. 105, the first year's installment shall be one-tenth of the total unamended assessment, with interest on the total unamended assessment, at five percent, from the date hereof to December.31, 1958; and adjustment on both principal assessment and interest thereon shall be beginning with the year payable 1959, in such manner as to effect payment of the total amended principal and interestothereon at the rate of 5% per annum on the unpaid balance each year, over a total payment term of ten years beginning in 1958. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafterkause said assessments to be collected in the manner provided by law. be designated as the Assessment Roll for Lateral Vlatermain Service to Uatermain Improvement No- 91 and for Sanitary Sewer Improvement No. 105, and all amounts 1. It is hereby found, determined and declared the the proposed 2. The amounts so set out are hereby levied against the respective 80. f& 3. 4. Said duplicate shall nt . .I . - .. /. ._ .I lOj)l4]57 ' .--h *f44 9. collected in resDect of the assessments therein contained shall be similarly designated by th'e County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the Bond Improvement Redemption Fund. Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall PUBLIC HEARING ON PROPQSED ASSESSMENT FOR STREET WROVEMENTS NOS. Al79 & 93 (Blacktopping of Parkwood Road from Parkwood Lane to Existing Blacktop on Londonderry Road). Tabulation of Assessment was read in the total amount of $7,087.32, as against 4,142 Assessable Front Feet, for $1.71 per Assessable Front Foot; as against an Estimate of Cost of $1.86 for A-79 and $2.42 for A-93. There-were no objections registered from the floor, and no written objections had bean received prior thereto. meeting, levying assessment). PUBLIC HEARING ON PROPOSED SUPPLEMENTAL ASSES5MENT FOR WATERMAIN IMPROVEMENT NO. 24. Morningside Courier September 26 and October 3, 1957, was submitted, approved as to form and ordered placed on file. Clerk informed Council that this supplemental assessment is now being levied against two lots which were platted after levy of the original assessment and, while deemed non benefited at the time of the original levy, have since bean improved and are receiving service from the trunk and lateral main. Tabulation of Assessment was read at $574.00, as against 160 front feet, for $3.5876 per Assessable Front Foot. There were no objections registered at the Hearing, and no written objections had been received prior thereto. (See Resolution of later in Affidavit of 'Publication of Notice of Hearing, published in Edina- Dickson offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRNtING ASSESSMENTS SUPPLEMENTAL ASSESSMENT FOR WATERNiAiN IMPROVEMENT FOR STREET IMPROVEMENTS NOS. A-79 & 93 AND NO. 24 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: ments for STREET IMPROVEMENTS NQS. A-79 & 93 and SWPLERAENTAL ASSESSMENT FOR WATERMAIN IMPROVEMEW NO. 24, and each-of them, have been properly calculated ' in accordance with the provisions of Minnesota Statutes Section 412,441; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvements for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively, pieces and parcels of land-described in said respective assessments, and said proposed assessments are hereby adopted and confirmed at the proper special assessments for said improvements, respectively. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of the assess- ment for Street Improvements No. A-79 & 93 shall be payable in equal annual installments extending over a period of five years, the first of said install- ments, together with interest on the entire assessment from the date hereof to December 31, 1958, to be payable with general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all sub- sequent installments, to be payable with general taxes for the years 1958 through 1961, collectible in the respective ensuing.years. The total amount of the assessments for Supplemental Assessment to Watermain Improvement No. 24 shall be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1958, to be payable with general taxes for the year 1957, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1958 through 1966, collectible in the respective ensuing years, 1. It is hereby found, determined and declared that the proposed assess- I 2. The amounts so set out are hereby levied against the respective lots, 3. Prior to certification of the assessment to the County Auditor, the 1 owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. Said duplicate shall be designated as the "Assessment Roll for Street Improvements Nos. A-79 8 93 and Supplemental- Assessment to Watermain Improvement No. 24, and all amounts collectkd in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the Permanent Improvement Revolving Fund. Motion for adoption of the Resolution was seconded by Fronk, and on Rollcall there were five ayes and no nays, as follows: aye; and Bredesen, aye; and the Resoluti 4. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET OILING IN YEAR 1956. Affidavit of Publication .of Notice of Assessment Hearing, published in Edina-Morningside Courier September 26 and'0ctober 3, 1957, was submitted, approved as $0 form and ordered placed on file. Notice of Hearing listed the following streets as the streets improved by said 1956 Oiling Improvement: 1. 2. 3. 4. 5. 6. 7, 8. 9. 10 . 11 12. 13. 14 . 15. 16, Abercrombie Drive from Duggan Plaza to Everett Place. Beard Avenue from W.57th Street to W.58th Street. Benton Avenue from Tingdale Avenue to Highway No. 100. Birchcrest Drive from W.6Oth Street to Hansen Road. Chorven Avenue from l'f.6lst St. to W.62nd St. Chowen Curve from Chowen Ave. to €wing Ave. Church Place from Abercrombie Drive to Normandale Road. Code Avenue from t'J.60th St. to Birchcrest Drive. €wing Avenue-6100 Block. Parnell Ave. from !*J.60th St. to Valley View Road. Rabun Drive from Tifton Drive to W.7Oth St. Ryan Ave, from Valley View Road to 1.62nd St. Tingdale Ave. from Eastview Drive to Benton Ave. VJalnut Drive from South line of W.6Oth St. to North line of Lot 7, West Woodland Road from Concord Avenue to YJooddale Avenue. H.61st St. from Code Ave. to Hansen Rd. Block 3, YJalnut Ridge First Addn. Objections were received from hk. E.c. S~OVJ, who stated that 'Rabsnn Drive from Abercrombie Drive to tJ.7Oth St. has been a hole for some time, with water standing in it; that he feels that it could not have been oiled; and from two gentlemen on Code-Birchcrest Drive, who complained that petitioner, ih. Roy Peterson, could not have owned 51% of the property at time petition was tendered. of Council's opinion that action on assessment for oiling of TRabmDrive should be deferred until an investigation of village work slips could be made; and Dickson offered the following Resolution and moved its adoption; stating it was to adopt assessment for 1956 Oiling, with the exception of that proposed assessment for the oiling of Xabun,D~iive:: It was concensus RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR 1956 OILING BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follorvs: for 1956 OILING IhlPROVEMENT, and each of them, have been properly calculated in accordance with the provision of Minnesota Statutes Section 412.441; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels 0-f land enumerated in the respective assessments was and is specially benefited by the construction of the improvements for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 1. It is hereby found, determined and declared that the proposed assessments : 10,!14/5? 2. The amounts'so set out are hereby lejlied against the respectibe lots, pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby; adopted and confirmed as the proper special assessments for said improvemerjts, respectively. The assessment against each lot, tract or parcel, together,"with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assess- ment shall be payable in equal annual installments extending over a period of one year, said installment, together with interest thereon from the date hereof to December 31, 1958, to be payable with general taxes for the year 1957, and one of the 3. owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. as the *Assessment Roll for 1956 OILING IMPROVEMENT, and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sthking Fund Account of the Permanent Improvement Revolving Fund. Prior 'to certification of the assessment to the County Auditor, the 4. Said duplicate shall be designated Motion for adoption of the Resolution was seconded by Bank, and on Rollcall there aye; and Bredesen, aye; and the Resolutio STOW'S EDGEMOOR ADDITION-FINAL PLAT SIGNED. signature, and was signed by Mayor Bredesen, Final Plat was presented for. Mayor's SANITARY SEWER EASENENT TENDERED-LOT 14, BLOCK 3, BROOKVIEW HEIGHTS THIRD ADDITION. Immediately after the signing of the Final Plat of Edgemoor Addition, Mr. E. C. Stow presented an Easement for Sanitary Sewer in part of Lot 14, Block 3, Brookview Heights Third Addition, which easement was accepted by the Council. STOW'S EDGEMOOR ADDITION-IMPROVEMENTS AND ZONING. (SEE AMENDMENTS OF 10/28/57) Developer E. C. Stow was present to secure answers to the questions set forth in his letter of today, with regard to his Edgemoor Addition. letter were discussed in the order presented by Mr, Stow, and action taken as follows: was advised that the Village has no immediate plans for widening France Avenue and that there has been no indication from the County that they are proposing any immediate widening, or widening in the forseeable future. drainage ditches have existed the Village policy and practice has not been for the Village to fill the ditches and provide drainage. he could fill the ditches at the points where he desired access to the property if he would place culverts under the driveways to take care of the drainage. pointed out that Mr. McKay of the County Highway Department, Mr. Stow and himself had met at the site, and that Mr. McKay had insisted upon proper provisions being made to continue the present drainage until such time asaa storm sewer system can be installed. ordinance as to density of units per acre, and that no real details have been presented by Mr. Stow as to what type of apartments he desires.to build. It was also pointed out that Mr, Swanson has been assigned to present recommendations on zoning for Planning Commission consideration, but that inasmuch as Nlr. Swanson had been here only since September 1, he needed a little time to work on this subject. make every effort to have Mr. Swanson ready with recommendations as to desirable density zoning, based on modern standards, for the Nosrember meeting of the Commission. 3. Layouts for Sewer and Water. In regard to Mr. Stow's statement that Mr. Arleigh Smith had been unable to obtain clearance from Mr. Zikan on preparing the sewer and water plans for Edgemoor Addition, it was pointed out that the overall watermain extension program had just recently been received from Banister Engineering Company and that the Council had not acted fully on the Banister report as yet. It was also brought out that the actual arrangements between the Village, Mr. Stow and Mr. Smith, as to payment for the engineering services, were tied in with the overall policy on special assessments. Items set forth in the 1. Wideninq the West Side of France Avenue from 70th to 72nd Street. Ah. Stow Mr. Stow was also advised that where It was suggested to Mr. Stow that Mr. Zikan 2. Density Zoninq for Apartments. It was pointed out that the Village has an Mr. Hyde said he would It was agreed that Mr. Stow would ask Mr. Smith to -r *lO/l4/57 .. A. 286come' in and meet with ?itessrs. Hyde and Zikan as to details. Mr. Stoa had been under the impression that the Village would pay Mr, Smith directly, for the engineering, whereas, on similar arrangements made with other developers, the developer retaining the engineer privately had paid the engineering fees. 4. Financinq Sewer and Uater. Mr. Stow was advised by hk. Bank that no change had been made in the established policy o€ the Council. presented ap article on the Fridley arrangements with contractors, and it was agreed that this article should be given consideration by Mr. Hyde and the Council. Mr. Stow ORNAMENTAL STREET LIGHTING CONTRACT WITH NORTHERN STATES PWER COhIPAW APPROVED. Manager Hyde presented Northern States Power Company's new Ornamental Street Lighting Contract, for the 50th-France Business District, stating that the rate is the same as that for the last contract but that total expense will be higher because new lights are larger. Bank offered the following Resolution and moved its adoption: RESOLUTION FOR STREFT LIGHTING CONTRACT RESOLVED That the Village Council of the Village of EDINA, Hennepin County, I Minnesota, hereby accepts the offer of the NORTHERN STATES POVER COMPANY, a Niinnesota corporation, to Purnish electric energy, lamp and glassware renewals, and other services for the operation and maintenance of the Village's ornamental street lighting system, consisting of: Thirty (30) Davit type steel standards (Business District) Sixty-one (61) single-light steel standards (Country Club Area) Thirteen (13) single-light wood standards (Edina Highlands) Six (6) siggle-light steel standards (Arden Avenue) all located or to be located in said Village, and hereby approves all rates, terms, conditions, and specifications contained in the proposed form of Ornamental Street Lighting Contract made a part of the offer of said Company, and the proper officers of the Village are hereby authorized and directed to execute the aforesaid Contract for and in the name of the Village, and to affix the corporate seal thereto. Motion for adoption of the Resolution was seconded by Fronk, and on Rollcall there were four ayes, one not voting, and no n Ilows: Bank, aye; Dickson, aye; Fronk, aye; Tupa, not voting, and Bredes I Jhayor U REQUEST FOR REZONING OF BLOCK 2, PEACEDALE ACRES, TO "MJLTIPLE DVELLING", as presented to the Planning Commission October 2, was reviewed at the request of the property owners. purposes; that it is therefore impractical for them to present plans of the type of dwellings to be located on the property; that, because of the property's abutting the heavily traveled Valley Vietir Road Extended, its proximity to the proposed Crosstown Highway, and the heavy special assessments it now bears, it has been impossible to effect a sale €or one-family dwelling purposes. Council informed-petitioners that it will await recommendation of Planning Commission before taking action. (Commission had deferred action pending overall study of area 1 They explained that they are asking for rezoning for resale REQUEST BY SOUTHDALE REALTY COMPANY FOR REZONING TO REGIONAL SHOPPING DISTRICT OF THE AREA BETHEEN W.64TH AND W.66TH STS. AND BETWEEN FRANCE AVENUE AND VALLEY VIEW ROAD, for the purpose of erecting office buildings and!BO-unit motel thereon, was discussed in connection with Planning Commission action of October 2nd, but no action taken. PLANNING COMhlISSION'S ACTION ON PRELIMINARY PLATS PRESENTED TO IT ON OCTOBER 2, 1957, was reviewed; and Fronk moved that Council approve the following Preliminary Plats subject to developers' compliance with those stipulations for approval recommended by the Planning Commission at its October 2, 1957 Meeting, seconded by Tupa and carried: Motion 1. 2. AL PAYTON, LOTS 1 AND 2 OF PAYTON'S ADDITION. 3. 4. 5. JOHN E. ANDERSON REPLAT OF LOTS 1,2,3,BLOCK 2, EDINA HIGHLANDS, 7. J.LIcGARY SUBD. OF APPROX. 3.4 ACRJS AT SW COR. HNY.169 AND OLINGER RD. 8. 9. CHAPEL HILLS. HERMAN HERMANSON REPLAT OF PART OF BLOCK 16, IENDELSSOHN. GEORGE KANE SUBDIVISIQN OF NORTH 423 FEET OF BLOCK 10, WODHILL. EARL OTTO SUBDIVISION OF 5.261.6 FT. OF N.1159.1 FT. OF NW1/4 OF NW1/4 SEC-30,LYING W. OF BROOKVIEW AVE. 6 V .B .EDW?.DS SUBD .OF APPROX- 15 ACRES ZEST OF OLINGER RD. AND S.OF HW. 169 LES ANDERSON'S HIGHV!OOD If ADDN. .. -.- I. I . .. ... 1m.4/57 , October 9 t h. 287 FINAL PLATS APPROVfD. Planning Commission's October 2nd/action on several final \ plats was reviewed, and Fronk moved that Final Plats be approved, subject to h compliance with stipulations €or approval as set forth in the October 2nd and^ 9th Minutes of the Planning Commission bleetings, said Final Plats being for 1. SCOTLAND HEIGHTS. 6. JOHN ANDERSON'S SECOND ADDITION 2. OVERHOLT HILLS. TO EDINA HIGHLANDS - October 9th 3. HERMAN TERRACE. October 2nd ."i 4. LOUDON ADDITION. yp&. O;, 5. MIRROR LAKES VIEW. .~;rt.-. '> . Motion was seconded by Tupa and carried. PETITION FOR PERMIT TO ERECT DOUBLE BUNGALOWS ON WASHINGTON AVENUE BETWEEN BELMORE LANE AND SPRUCE ROAD was reviewed, the Planning Commission's October 2nd recommend- ation being favorable, with stipulation that garage unit be supplied with each building. Bank's motion, that Public Hearing on the petition be scheduled for the November 11th Meeting, was seconded by Fronk and carried. MISCELLANEOU§ RECOMMENDATIONS OF COJvlMfSSION APPROVED. P1 anning Commission ' s miscellaneous recommendations with regard to plats, were reviewed, and Fronk moved that Council approve the following recommendations as set forth in the Minutes of the October 2nd Meeting of the Commission: 1. 2. 3. 4. That a 6O-foot radius be required on cul-de-sacs. That 5 prints of preliminary plats and 5 prints of final plats be required. That 2 copies of deed restrictions be:required. That developer be required to show building setbacks on final plats. Motion was seconded by Dickson and carried. Trustee Tupa was excused from the meeting at this time. PETITIONS FOR IXPROVEMENTS ACCEPTEb. submitted, and, by motion Dickson, seconded by Fronk and carried, were accepted and referred to the Engineering Department for the scheduling of public hearings, insofar as major improvements are concerned, and for immediate work if possible, insofar as Oiling is concerned: The following improvement petitions were 1. Oiling - Arrowhead Pass. 2. Oiling - William Ave., W.5lst to W.52nd St. 3. Blacktopping - Drew Ave., 5900 to and including 5920. 4. 5. Curb and Gutter - Drew Ave., 5900 to and including 5920. Sanitary Sewer - Idylwood Drive from Blake Road to W.Highwood Drive. PETITION FOR GRADING AND GRAVELLING-WARREN AVENUE FROM W.65TH TO W.66TH ST., was submitted, together with Mr. Zikan's report that this project should be completed as a part of the Sanitary Sewer project €or Warren Avenue between W.63rd and 141.66th Streets, because it is more economical to change the grade now than it would be to have the Sewer Contractor backfill to the original grade and then remove the additional backfill. -'PETITION FOR DELAY IN SANITARY SEWER INSTALLATION, signed by Messrs, J.E. Murphy, Oscar B. Strand, B.N.Bel1, S.Walter Sears and Q.A.Egekvist, 6600,6610, 6620, 6630 and 6712 Normandale Road, respectively, was presented. Zikan informed the Council that petitioners have been informed that unless the sewer is installed at this time, as part of Sanitary Sewer Improvement No. 128, petitioners can look forward to paying a much higher price for sewer service because there will be only one side of the street to assess--but that they remain adamant against construction at this time. be accepted and that this construction be deleted from contract for Sanitary Sewer Improvement No. 128, was seconded by Dickson and carried. Engineer Fronk's motion, that petition HENNEPIN COUNTY PARK DISTRICT'S October 8th request for certification to the County Auditor of a tax levy (or intent to pay from other source) in amount of $1,753.92, as Edina's share of the 1958 budget for the County Park District, was read. Inasmuch as Village budget had already been certified to Auditor, no action was taken. .RURAL HENNEPIN COUNTY NURSING DISTRICT'S PLEA FOR ADDITIONAL 104: PER CAPITA . FOR 1958 BUDGET was reviewed, but no action was taken. ST. PATRICK'S CHURCH'S REQUE5T FOR "TURKEY BINGO" PERMIT for November 17, 1957, was approved, by motion Fronk, seconded by Dickson and carried. SANITARY SEWER FOR COUNTRY CLUB HOUSE was discussed at some length, Manager Hyde reporting that the line is leaking; that, The Village has no record of having constructed the line, or assessed the Club for it; that it is impossible to locate the line accurately, but that it corrses W.50th Street just East of the Clubhouse then goea East to the Trunk Sewer; that it is believed that the most economical way of making repair would be to tie the sewer to the East Sunnyslope Road line, or if there is insufficient depth for this, to tie in at the South side of the Creek. (Continued next page) - .. -1 *- 288 * 10/14/57" .* / (Continued from Page 287). Mr. Hyde asked that he be given authority to alleviate I this definite health-hazard (sewer has bubbled above ground twice within the last six months) by negotiating with a private contractor for the laying of a new connection, on an emergency basis. Fronk's motion, that Council grant authority to Manager Hyde to have sanitary sewer hazard alleviated, subject to the Country Club's signified willingness to pay the cost of the construction, was seconded by Dickson and carried. 1, BID5 AUTHORIZED FOR USED SCREENING PLANT. now a couple of used screening plants on the market, which will do the job vie wish them to do, at a savings of about $3,000 over the cost of a new plant, asked for authority to advertise for bids to be taken on October 28th, for this used equip- ment. Manager Hyde, reporting that there are .Authority granted, by motion Fronk, seconded by Bank and carried. St"i1NG POOL-BATHHOUSE--QUALIFIED APPROVAL BY STATE BOARD OF HEALTH.State Board of Health's October 9th letter, setting forth two reservations regarding the design of the proposed swimming pool, was read and discussed. suggested that the Council inform the State that it still feels that type of pool proposed is good, and try to obtain formal approval thereof by the Depart- ment. Fronk so moved. Motion seconded by Bank and carried. Manager Hyde HANSEN ROAD ELL c#9) --PROGRES REPORT: BIDS FOR PUMP AND PUMPHOUSE AUTHORIZED. Banister Engineering Company's report dated October 11, giving the results of the sealing off of the Dresbach formation, was read; setting forth the facts that the well will now produce more water than anticipated, that the water is now considerably softer than the water from other Village wells; that the iron content is sufficiently low as to require no iron removal. The report suggested that the Village proceed with construction of pumphouse and purchase of pump at the earliest possible time, inasmuch as the quality of water from this well is sufficiently better than the quality of the water from any of the other wells to warrant using this well as soon as possible and to the maximum extent possible. Fronk's motion, that bids be tkan for pump and pumphouse for Well No. 9 at the earliest possible time, was seconded by Bank and carried. CLAIMS APPROVED. Bank's motion for payment of the following Claims, as per Pre- List dated October 14, 1957, was seconded by monk and carried: General Fund $15,313.26 Liquor Fund $22,239.82 Construction Fund 43,649.33 Sewer Rental Fund 827.18 Park and Park Const. Poor, PIR, & Special Fund 11,962.15 Assessment Funds 364.93 Water Fund 4,786 . 34 TOTAL $99,143.01 WATERMAIN FOR SWD3UNG POOL SITE APPROVED. Engineer Zikan suggested that Watermain to serve the swimming pool site be constructed, now; that, because the proposed main will serve as a "loop", besides serving the pool, that part of the cost be borne by the Water Department and part by the Park Fund. proposed improvement, and division of cost, be approved as recommended by Engineer, was seconded by Fronk and carried. Bank's motion, that BIDS AUTHORIZED FOR LhlPROVEMENTS. improvements listed below were presented by Engineer Zikan, and reviewed. Bank offered the following Resolution and moved its adoption: Plans and specifications for the two proposed RE$OLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED WATERMAIN AND STORM SEVER IAqPROVEMENTS 9 AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: Improvements set forth 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. 2. Courier and the Construction Bulletin the following notice for bids for said improvements: 1. The plans and specifications for the proposed Yatermain and Storm Server The Clerk shall cause to be published twice in the Edina-Morningside ADV€RTISFAENT FOR BIDS WAT'ERF3IAIN AND STORM SEVm NOTICE IS HEREBY GNEN that sealed bids will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 West 50th Street, at 1l:OO A.M., Monday, October 28, 1957; and that the Edina Village Council will meet at 7:30 P.M., on Monday, October 28, 1957, to consider said bids, being for the f o 11 owing : 1- CONSTRUCTION OF VILLAGE I'IATERMAIN AND APPURTENANCES TO SERVE THE MUNICIPAL SI'LIAtMING POOL SITE: - From Cornelia Circle and Nest 66th Street to swimming ppol site and back to West 66th Street and Southdale Road. CONSTRUCTION OF VILLAGE STORllf SEWER AND APPURTENANCES: - Beginning on West 58th Street midway between ivooddale Avenue and Fairf ax Avenue; thence Southerly 120 feet more or less. 2. 10/14/57 Work must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $10.00, which deposit will be refunded upon return of said plans and specifications. No bids will be considered unless sealed and filed with the undersigned before 11:OO A.M., Monday, October 28, 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. The Council reserves the right to reject any or all bids. BY ORDER OF THE VILLAGE COUNCIL. ( Plans and specifications are available for a 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 the Resolution was seconded by Fronk, and on Rollcall there were four ayes and no nays, as follows: aye; Dickson, aye; Fronk, aye; and Bredesen, aye; and the Mayor BLACKTOP REPLACEMENT AFTER SEWER AND WATER CONSTRUCTION--ASCONIT€ ASPHALT CCMPANY'S COMPLETION DATE EXTENDED. Asphalt Company wants its completion date extended to next year; that he recommends extending time because contractor wiil apply a fog coat this year; will be responsible for repairing any holes which may appear during the winter, and will also be responsible for maintenance of the streets for one year after completion of the contract--which will be a gain of one year in maintenance for the Village. accordance with Engineer's recommendation, was seconded by Bank and carried. I COLLABERATLON WITH STATE HIGHWAY DEPARTMENT IN STORM SEWER PLANNING APPROVED. Engineer Zikan reported that in some cases the State Highway Department is willing to install over-sized pipe, which will provide drainage for a considerable area, to the benefit of the Village, providing the Village will pay a share of the cost. an arrangement. "Bank's motion, that it be the policy of the Village to cooperate with the State Highway Department in the installation and planning of storm sewers, said policy to be without definite financial commitment by the Village, was seconded by Fronk and carried. SANITARY SENER IMPROVEMENT NO.-CHANGE IN ROUTE AWHORTZED. recommended that, in view of the extreme difficulty the Village is having in securing easements through Lots 11 and 12, Block 7, Brookview Heights Second Addition, and in view of the urgency for completion of the Sanitary Sewer and the contractor's request to be allowed to pull off the project unless arrange- ments can be made to allow him to proceed immediately, that the route of the line be changed to use park access and drainage easement, and then across Lot 14, Block 3, Brookview Heights Third Addition easement. He stated that he has had verbal State Board of Health approval; that the per front foot cost will be approximately the same as that given on the estimate, inasmuch as another part of the line will be eliminated (behind the properties facing Normandale Road). recommended by Village Engineer, was seconded by Bank and carried. CHANGE IN SEWER RENTAL RATES-ORDINANCE ADOPTED. in sewer rental rates as discussed by the Council at its last meeting was submitted. reading and adopt Ordinance as read, Ordinance being as follows: Engineer Zikan reported that Asconite Fronk's motion, that completion date be extended in He asked for Council's policy as to the Village's approving such 128 Engineer Zikan Fronk's motion that authorization for change in line, as Ordinance effecting a change Bank offered the Ordinance, moving that the Council waive second ORDINANCE NO. 231-3 AN ORDINANCE AMENDING ORDINANCE NO. 231 OF THE VILLAGE RELATING TO SEWER RENTAL CHARGES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. amended to read: Subsection (a) of Section 1 of Ordinance No. 231 of the Village of Edina is ' (a) Classification. Classification of sewer rental accounts will be based upon metered water consumption during the preceding Wimter Quarter (three month period falling between November 1 and May 1) according to the following schedule: . . .-. 10/14/57 Metered Hater Consumption' Classification (CU. Ft. per Quarter) Less than 3,000 3,001 to 6,500 Over 6,500 J Group A B C Section 2. is hereby amended to read: Subsection (b) of Section 1 of Ordinance No. 231 of the Village of Edina (b) Fees. The following gross and net fees and rates are hereby fixed Group Quarterly Charge Based On and established. Gross Net A $ 2.75 $ 2.50 Flat Rate B 3p30 3.00 Flat Rate C 5.5@/C CU. ft. 5$/C cu. ft. Metered Water Current Quarter Current Quarter 6.0@/C cu. ft. 5*5@/C CU. ft. Metered Sewage Section 3. cation according to law. This ordinance shall be in effect from and after its passage and publi- Motion for adoption of the Ordinance and waiver of second reading was seconded by Dickson, and on Rollcall there were four a aye; Dickson, aye; Fronk, aye; and Bredesen HEARING ON ASSESShiENTS FOR OILING IWROVEMENTS IN 1957 SCHEDULED. Clerk told the Council that because the Assessment Roll for Oiling Improvements in 1957 had been ready immediately after the last meeting of the Council, and because it is necessary that these assessments be certified to the County Auditor immediately, she had taken the liberty of making official publication of Notice of Hearing to be had on the proposed assessments on October 28. of this Hearing, and Bank offered the following Resolution and moved its adoption: She asked for confirmation RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING - OILING IMPROVEhlENTS - 1957 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 Notice of Hearing set forth below, and the amounts proposed to be assessed against the respective lots, pieces and parcels of land within the district affected by said improvements, and said proposed assessments 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 hearing the.reon as herein provided. notice of hearing hereinafter contained, to pass upon said proposed assessments; and the Clerk's action in publishing notice of hearing in the official newspaper in accordance with law, is hereby ratified and confirmed: 2. This Council shall meet at the time and place specified in the form of NOTICE OF ASSESSbIENT HEARING ON OILING IhlPROVEhIENT - 1957 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 28, 1957, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for Oiling in 1957, the streets listed below: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . 12. 13 . 14 . 15. 16 . 17. 18 . Abbott Ave. from Z'1.60th Street to W.62nd Street. Alley from 1V.51st St. to W.52nd St. and between ZVilliam and Hankerson Aves. Arthur Street from IVaterman Ave. to N. line of Lot 14, Griffis Subdivision. Ashcroft Ave. from 'EJ.6Oth St. to iV.62nd St. Ashcroft Lane from St.Johns Ave. to rj.64th St. Ayrshire Blvd. from Chantrey Road to Mirror Lakes Drive. Balganz Road in Woodhill Addition. Beard Ave- from k'1.60th St. to tzJ.62nd St. Beard Place from Beard Ave. to W.62nd St. Belmore Lane from Tyler Ave. to Jackson Ave. Benton Ave. from Tingdale Ave. to Code Ave. Birchcrest Drive from Hansen Road to Code Ave. Brookview Ave- from W.62nd St. to W.63rd St. Chantrey Rd. from Northwood Drive to Highway No. 169. Cheyenne Trail from Valley View Road to S. Line of Indian Hills Addition. Chowen Ave. from V?.60th St. to W.61st St. Code Ave. from Grove St. to ~~~57th St. and E. 100 Ft. on Melody Lakes Drive. Code Ave. from Grove St. to Benton Ave. . 291. io/i4&7 ,. ._ 19. 20. Concord Ave. from W.62nd St. to 1.63rd St. 21. Dunberry Lane from Brittany Rd. to Creston Rd. 22. Grove St. from 5600 Grove St. to Tracy Ave. 23. Grove St. from Code Ave. to Bernard Place. 24. Grove St. from Melody Lane to and including 5208 Grove St. 25. Halifax Lane from 54* St. to Woodland Circle. 26. Harrison Ave. from N. Village Limits to Belmore Lane. 27. Knoll Drive from Balke Road to Schaefer Road. 28. Laguna Drive in Woodhill Addition. 29. 30. 31. 32. Oxford Ave. from W.5lst St. to and including 5128 Oxford Ave. 33. Parnell Ave. from W.64th St. to 60 Ft. N. 34. Philbrook Lane from Wooddale Ave. to W.58th St. 35. 36. Ryan Ave. from W.62nd St. to Valley View Road.. 37. St,.Johns Ave. from W.6Oth St. to ~~64th St. 38. Southcrest Drive from Upper Terrace thru Lot 29, B1. 1, Woodhill Addn. 39. South boll Drive from Blake Road to Schaefer Road. 40. Tracy Ave. from 5633 Tracy Ave. to Grove St. 41. Upper Terrace from Brittany Road to West Shore Drive. 42. 43. 44. Waterman Ave. from Arthur St. to Waterman Circle. 45. Waterman Circle. 46. West Shore Drive from W.66th St. to W.7Oth 5t. 47. West 1Voodland Rd. from Concord Ave. to Wooddale Ave. 48. 49. man Ave. from Valley View Road to Maddox Lane. 50. W.56th St. from Bernard Place to Dale Ave. 51. W.57th St. from Xerxes Ave. to 120 Ft. W. 52. W.58th St. from Tingdale Ave. to Code Ave. 53. W.59th St. from Concord Ave. to St.Johns Ave. 54. W.6Oth St. from Code Ave. to Highway No. 100. 55. W.6Oth St. from Concord Ave. to St.Johns Ave. 56. W.62nd St. from Beard Ave. to Chowen Ave. 57. W.62nd St. from Concord Ave. to St.Johns Ave. 58. W.66th St. from Tingdale Ave. to Highway No. 100. 59. W.7Oth St. from Cornelia Drive to E. Lot Line of Lot 35, B1. 4, Southdale 1st. 60. W.64th St. from Ryan Ave. to Parnell Ave. 61. Xerxes Ave. from W.54th St. to ~.62nd St. 62, York Ave. from W.54th St. to kV.56th St. The area proposed to be assessed for the cost of the above improvement includes all lots and tracts of land abutting the streets improved. Assessments for the above improvement will be payable in one installment with the taxes for the year 1957 collectible in 1958, with interest on the assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1958. assessment without interest to the Village Treasurer before 12 o'clock noon on December 31, 1957, or make payment with interest to the County Treasurer'. BY ORDER OF THE VILLAE COUNCIL. Gretchen S. Alden Village Clerk Concord Ave. from W.60th St. to Valley View Road. Maddox Lane from Mildred Avenue to Wyman Avenue. Mirror Lakes Drive from End of Blacktop thru Lot 6, Block 2, Yund's Addn. Northwood Drive from Glengarry Parkway to end of Blacktop. Roycajr Road from Brittany Road to Southcrest Drive. Van Buren Ave. from N. Village limits to Belmore Lane. Walnut Drive from Highway No. 169 to W.59-$ St. Wilford Way from Brittany Road to West Shore Drive. I The owner of any property assessed for the above improvement may pay the whole Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: ickson, aye; Fronk, aye; and Bredesen, aye; and the Resolution was ad @AB Mayor Village Clerk MUNICIPAL STATE AID STREET SYSTEM REYIENED. the progress made to date insofar as the Village's report to the State Highway Department is concerned. form of resolution establishing state aid streets; and Fronk offered the following Resolution and moved its adoption: Engineer Zikan reviewed for the Council He asked that the Council adopt the State's recommended RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS the streets hereinafter described should be designated "Municipal State Aid Streets" under the provisions of Minnesota Laws of 1957, Chapter 943: of Edina that the streets described as follows, to-wit: NHEREAS, It appears to the Village Council of the Village of Edina that NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village 10/14/57 STREET : IMLONEY AVENUE FROM: County Road No. 18 T& Blake Road DEWEY HILL ROAD East Line Section 7, Township 116 N. Range 21W, Hennepin County .. Trunk Highway No. 100 INTERLACHEN BOULEVARD Blake Road Trunk Highway No. 169-212 iEST 44TH STREET Brookside Avenue North Village Limits WEST 50TH STREET Trunk High!lray No. 169 France Avenue . YES 54TH STREET Wooddale Avenue France Avenue VBT 58TH STREET Xerxes Avenue Concord .Avenue CONCORD AVENUE W.58th Street Southview Lane SOUTHVIEW LANE Concord Avenue Trunk Highway Nod 100 VEST 66TH STREET Trunk Highway No. 100 France Avenue \EST 70TH STREET Antrim Road Xerxes Avenue ANTRIM ROAD W.7Oth Street Valley View Road VALLEY VIEW ROAD Antrim Road Hansen Road HrnSEN ROAD Valley View Road BENTOM AVENUE Tracy Avenue GLEASON ROAD Trunk Highway No. 169-212 Valley View Road EAST LTNE OF SECTION 7, Valley View Road MIRROR LAKES DRIVE Interlachen Blvd. Trunk Highway No.169-212 I - VDODDALE AVENUE North Village Limits West 64th Street Extended TRACY AVENUE Valley View Road Tkuhk Highway No. 169-212 BLAKE ROAD North Village Limits Trunk Highway No. 169-212 be, and hereby are, designated "Municipal State Aid Streets" of said Village, subject to the approval of the Commissioner of Highways of the State of I\flinnesota. BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideratioh; and that upon his approva€ of the designation of said street, or portion thereof, that same be constructed, improved and maintained as "Municipal State Aid Streets of the Village of Edina, to be numbered and known as Municipal 'State Aid Streets Nos.: I Trunk Highway No.169-212 Trunk Highway No. 100 TOWNSHIP 116 N. RANGE 21W South Village Limits & 137 138 139 140 141 142 143 143 143 144 145 151 151 151 146 147 148 148 149 150 152 STREET : MALONEY AVENUE - FROM : County Road No. 18 DELEY HILL ROAD INTERLACHEN BOULEVARD Blake Road WEST 44TH STREET Brookside Avenue VIEST 50TH STREET Trunk Highway No. 169 WEST 54TH STR'EET Woodd a1 e Avenue \VEST 58TH STREET Xerxes Avenue CONCORD AVENUE West 58th Street SOUTHVIEVJ LANE Concord Avenue \EST 66TH STREET \VEST 70TH STREET Antrim Road ANTRIM ROAD West 70th Street VALLEY VIEN ROAD Amtrim Road HANSEN ROAD Valley View Road BENTON AVENUE Tracy Avenue BLAKE ROAD North Village Limits GLEASON ROAD EAST LINE OF SECTION 7, East Line Section 7, Township 116 N. ,Range 21W Trunk Highway No. 100 Trunk Highway No. 169-212 TOWNSHIP 116N, RANGE 21:~ Valley View Road MIRROR LAKES DRIVE Interlachen Blvd. V.WDDALE AVENUE North Village Limits TRACY AVENUE Valley View Road TO: Blake Road Trunk Highway No. 100 Trunk Highway No. 169-212 North Village Limits France Avenue France Avenue Concord Avenue Southview Lane Trunk Highway No. 100 France Avenue Xerxes Avenue Valley View Road Hansen Road Trunk Highway No.169-212 Trunk Highway No. 100 Trunk Highway No.169-212 Valley View Road South Village Limits Trunk Highway No . 169-212 Hest 64th Street Extended Zkunk Highway No.169-212 Motion for- adoption of the Resolution was seconded by Bank; and on Rollcall there four ayes and no nays, as follows: Ban There being no further business to come before this meetina. Bank moved for ~ ~~ ur ~ adjournment. Motion seconded by Dickson and carried. Meeting adjourned at 11:25 P.I.!. Village Clerk