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HomeMy WebLinkAbout19571209_regularP 2/9/57 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, DECEMBER 9, 1957, AT 7:30 P.M., AT THE EDINA VILLAGE HALL. Members answering Rollcall were Bank, Dickson, Fronk, Tupa and Bredesen. Minutes of the November 25, 1957 Regular Meeting were approved as submitted, by motion Dickson, seconded by Fronk and carried. SALE OF $600,000 TEMPORARY IMPROVEMENT BONDS. davits of publication of notice of sale of $600,000 Tempmary Improvement Bonds proposed to be issued for the financing of various sanitary sewer, watermain, storm sewer , grading and blacktopping improvements as directed by the resolution adopted November 25, 1957. and directed to be placed on file in the office of the Clerk. reported that two sealed bids had been received in her office prior to the time of this meeting, which bids were thereupon opened and publicly read and con- sidered, and the highest and best bid of each bidder was found to be as follows: Name of Bidder Interest Rate or Rates Pr em i um KALMAN & COMPANY, 1NC.-MANAGER ] 3.009L - Plus Coupons AMERICAN NATIONAL BANK OF 3T.PAUL) JURAN & MOODY, INC. ) June 15, 1958 to June 15, $250.00 PAINE, CVEBBER, JACKSON & CURTIS 1 1959. E. J. PRESCOTT & COMPANY 1 (Av.1nteres-t Rate 3.479) MOOD ARD - ELWOOD & COMPANY The Village Clerk presented affi- Said affidavits were examined and found satisfactory The Village Clerk at 1.00% per annum from ) FIRST NATIONAL BANK, MINNEAPOLIS ) FIRST NATIONAL BANK, ST.PAUL NORTHWESTERN NATL BANK, M1NNEAPOLIS)at 2.50% per annum from ALLISON-WILLIAMS & CO. J.M. DAIN & CO, MINNEAPOLIS )June 15, 1958. None PIPER,JAFFRAY & HOPWOD,MINNEAPOLIS)(Av.Interest Rate 3.21667 12.80% - Plus “E” Coupons MINNEAPOL1S)February 15, 1958 to MANHEIMER-EGAN,INC*yST.PAUL 1 CALDWELL PHILLIPS CO., ST.PAUL 1 SHAUGHNESSY & CO., ST.PAUL 1 HAROLD E.WOOD & CO., ST.PAUL FIRST EDINA NATIONAL BANK, EDINA ) FIRST SOUTHDALE NATL. BANK, MPLS. 1 Trustee Bank introduced the following Resolution and moved its adoption: RESOLUTION AWARDING SALE OF $600,000 TEMPORARY IMPROVEMENT BONDS BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that in accordance with instructions of the Council notice has been published of the sale of $600,000 general obligation Temporary Improvement Bonds to be dated as of December 15, 1957, and all bids received pursuant to said notice of sale have been duly opened and considered and the highest and best of such bids is hereby found and determined to be that of FIRST NATIONAL BANK OF MINNEAPOLIS AND ASSOCIATES named therein, to purchase said bonds at a price of par and accrued interest, plus a premium of NO DOLLARS, the bonds to bear interest at the rate of 2.807; per annum from date of issue until paid, plus additional interest, to be represented by separate “B“ coupons, at the rate of 2.50% per annum from February 15, 1958 to June 15, 1958. to endorse the acceptance of the Village upon duplicate copies of said proposal and to return a copy thereof to said bidder and to file the original in the office of said Clerk. retained by the Village Treasurer pending delivery of the bonds and payment of the purchase price, and the checks of other bidders shall be returned to them forthwith. The Mayor and the Village Clerk are hereby authorized and directed The good faith check furni’shed by said successful bidder shall be The motion for the adoption of the foregoing resolution was duly seconded by Fronk, and on rollcall there were five ayes and no nays, as follows: aye; Fronk, aye; Tupa, aye; and Bredesen, aye;.n d the rekolution was declared duly ATTEST : Bank, aye; Dickson, passed and adopted. : n) Village Clerk 12/9/57 PUBLIC HEARIN ON PROPOSED STREET NAFLE CHANGES: Publication of "Notice of Hearing" on the following proposed Street Name Changes, which affidavits were approved as to form and ordered placed on file; and, pur- suant to said notices, public hearings were held and action taken as hereinafter recorded : Clerk presented Affidavits of 1. 2. 3. Tupa Change in the name of ";?.53rd St." (between Highway KO. 169 and its terminus West) to EDEN RIDGE, to support his petition. change of name would cause some confusion inasmuch as the East-West streets directly to the north of 'd.53rd Street run numerically. (See action of later in meeting, rejecting petition). BENTON AVENUE. Manager Hyde reported that this change is recommended by the Administration Office, because Braadview is actually an offset continuation of the present Benton Avenue. change were registered at the Hearing, and no written objections had been received prior thereto. name } Petitioner Leland I<. Karr stated he is constructing a new house on the street, that the younger members of the family prefer an Indian name in keeping with the names of the other streets in the neighborhood. Mr. Thomas NcCauley, Jr. protested rather heatedly to any name change, stating that the street had been named for his mother, that the family owns all the lots on the street except the one lot owned by the Karrs. moved that petitions for the change of the names of W.53rd Street, and Petitioner George Frey was not present Consensus of Council's opinion was that Change in the name of *'Broadview Road" (in Broadmore Addition) to No objections to the proposed (See action of later io meeting, changing Change in the name of "Margaret Lane" to APACHE TRAIL. Margaret Lane be rejected. offered the following Ordinance, moving that Council waive second reading and adopt Ordinance as read: Kotion seconded by Bank and carried. Tupa then ORDINANCE NO. 164-14 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 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, h"lNNESOTA, ORDAINS: I Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 26 the following: "Section 27. Broadview Road in Broadmore Addition is hereby renamed BENTON AVENUE. Section 2. This Ordinance shall be in effect from and after its passage and publication. Motion for waiver of second reading and adoption of Ordinance as read was seconded by Bank, and on Rollcall there were fi ayes and no nays, as follows: Bank, aye; Dickson, aye; Fronk, ay Tupa, aye; and Bredesen, aye; and the Ordinance was adopted. &A+- klayor Village Clerk PUBLIC HEARING ON PROPOSED RE-ASSESSMENT FOR SANITARY SEVER 1MPROVEP:iENT NO. 119- IN CRESTON HILLS. in Edina-Morningside Courier November 21 and 28, 1957, was'read, approved as to form, and ordered placed on file. methods proposed for assessing this improvement--the frt. foot basis, with a total credit allowed to four lots, of 80 front feet; the minimum-maximum basis of 75 feet minimum and 100 feet maximum (on which the first year's levy was certified to the County Auditor); and the straight front footage basis, with the 8O-foot credit disallowed for the four lots, and some credit extended to . Lots 3 and 7, Block 3, Creston Hills, which is being proposed for this evening. He explained that upon a re-check of the assessment this office had found an error in the assessment for Lots 3 and 7, Block 3, having originally made -an assessment for both sides of these corner lots, whereas underground improvements are assessed for fromt footage only. owners of two of the four lots which had originally been granted a credit, objected to the disallowance of this credit, maintaining that these four lots represent a"corner" and are, in effect, paying for both sides of their lots. Council pointed out to them that the policy of assessing pie-shaped lots for their front footages is'universal in the Village unless the petition for the improvement has specified otherwise; that their assessment is Isvied 'irir. the same manner as that of the other pie-shaped lots in contiguous areas. Tabulation of assessment was read at a total of $36,021.71, as against 3,470.3 assessable feet, for 58.88 per foot for the laterals, plus $1.50 for Connection Trunk 65* This compared with Xmprovement Estimate of $11.10 per Assess- able foot. Affidavit of Publication of "Notice of Hearing", published hlanage; Hyde reviewed for Council the various I Ah. Joseph Frances and Mrs. J.F. Bostock, . -. . A. - *- 12)9/5? Dickson offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING RE-ASSESSMENT FOR SANITARY SEWER IhmVEMENT NO. 119 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. It is hereby found, determined and declared that the proposed re- assessmentsfor SANITARY SEVER IMPROVEI\IIENT NO. 119, 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 assessment 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 assessment was and is specially benefited by the construction of the improvement for which such assessment ic; levied. It is hereby found, determined and declared that tk-Assessment for Sanitary Sewer Improvement No. 119 is levied on the following basis: 1. For the basis of this assessment the Front Footage of Lot 3, Block 3, Creston Hills is determined to be 155.5 feet, and the total Front Footage of Lot 7, Block 3, Creston Hills is determined to be 149 feet. 2. The Assessable Cost is on a front-foot basis, 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. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said re-assessment, and said re-assess- ment is hereby adopted and confirmed as the proper special assessment 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 described therein and all thereof. period df ten years; the first of said installments together with interest at 5% on the entire re-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 an assessment figured on a minimum-maximum per lot basis. 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 re-assessed principal 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. 4. 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 issessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County 8uditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. Auditor a certified duplicate of said re-assessment, 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 desig- nated as the "Assessment Roll for Sanitary Sewer Improvement No. 119," 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 I~SPROVE~VIENT REDEMPTION FUND. 2. The total amount of such assessment shall be payable over a 5. The Clerk shall, as soon as may be, prepare and transmit to the county 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 Mayor 26 .. 12/9/57 I.. - PUBLIC HEARING ON PROFGSED ASSESSMENT FOR IKPROVE3ENT NO. 454-.4BATBJENT OF A SAFETY HAmD BY FILLING OF LOTS 4 AND 5, BLOCK 4, BROOKSIDE HEIGHTS (AT CGRNER OF INTERLACHEN BLVD. AND OXFORD AVENUE. Affidavit of Publication of "Notice of Assessment Hearing", published in Edina-Morningside Courier on November 21 and 28, 1957, was submitted, approved as to form, and ordered placed on file. Tabulation of Assessment cas read as $2,229.50, to be assessed equally between the two lots. considerable fill put into her low lot before the Village did anything; that she feels the Village has pushed some of her dirt onto the next lot; that, when she last contracted for dirt the contractor informed her that the lot needed very little more to completely fill it. It was hks. l;'aste's contention that most of the fill used must have been for Lot 4. Manager Hyde read a detailed list of the materials used, stating that the two lots are not yet to grade level, that the trillage simply 'abated the dangerous condition existing; that, before fill zas put in, the ~VJO lots filled with water and constituted a decided danger to the children in the area. be continued to first meeting in January, 1958, was seconded by Fronk and carried. Itks. Edith L'aste, owner of Lot 5, protested that she had had Bank's motion, that Public Hearing AYJARD OF BIDS TAKEN TODAY: today pursuant to published advertisements for bids. Manager Hyde presented Tabulations of Bids taken He reported as follov~s: He recommended 1. DRAGLINE RENTAL - Seven bidders, Herbst Construction Company being loa bidder, with $14.00 per Hour for a 1-yard machine. ward of contract to low bidder, and Bank so moved. Fronlc and carried. TWO STATION I'IAONS - Five biddirs, Hartzell Motors being low bidder, with a bid of $5,528.30 for two 4-Dr. Suburbanites, less a Trade-In of $4,181.90 on two 1957 Plymouth Station lVagons, for a Net Bid of $1,346.40. He recommended award of contract to low bidder, on basis of payment from next year-s budget appropriation, inasmuch as it will take at least 30 days for delivery. of a three-speed transmission, and the heavy duty engine, might be tried for one of the wagons, total cost being $338.95. was had on this matter, and Fronk moved that contract be awarded to low bidder on basic specifications, without heavy-duty engine and three speed transmission. with $2,176.70 for a Plymouth 4-Dr. Sedan, less Trade-In Allowance of $450.70 for a 1952 Chev. 2-Dr., for a Net Bid of $1,726.00. He recommended award of contract to lov~ bidder, and Fronk so moved. Motion seconded by Dickson and carried. Aqotion secohded by 2. E&. Hyde suggested that installation Some discussion Motion seconded by Dickson and carried. POLICE PATROL CAR - Five bidders, Hopkins Idotor Sales being low, 3. OFF-SALE BEER LICENSE APPROVED. Biltmore Delicatessen, at 5107 W. 50th St., for an Off-sale Beer License, was presented and reviewed. by Tupa and carried. Application of Mr. Kenneth A* Smith, dba Bank's motion that license be approved was seconded PETITION FOR OILING OF CONCORD AVENUE BETYEEN W.63RD AND W.64TH ZjTREETSIhas filed, and, by motion Dickson, seconded by Tupa and carried, was accepted and referred for work as soon as possible in spring of 1958. !;@ODHILL SECOND ADDITION-PRELIPJINARY PLAT was approved by motion Tupa, seconded by Dickson and carried; this being a re-subdivision of Lots 8 thru 14, Block 6, Koodhill, which reduces total number of lots from 7 to 6, and increases front fodrtages from 82 feet to 97 Eeet. Planning Commission has recommended approval as of their meeting of December 4th. HAWKINSON ADDITION-PRELIMINARY PLAT by Planning Commission on December 4th, and which reduces five 50-foot lots to four 6&-foot lots, was approved by motion Fronk, seconded by Tupa and carried. which had been recommended for approval OTTO'S MANOR-FINAL PLAT was discussed. recommendation of December 4th was reviewed. I&. Hyde reported that the :'lest rear portion of this property is a drainage area and is under water; that the flowage to Minnehaha Creek goes through the property and we should have a drainage easement before Final Plat is approved. of Final Plat subject to submission of drainage easement by developer, was seconded by Fronk and carried. REQUEST FOR CONVERSION TO DOUBLE DYELLING-308 JEFFERSON AVENUE. informed of Planning Conmission's action of December 4th, repmending that request be denied because lot area is insufficient for double dwelling, and because of single-family character of surrounding area. Planning Commission's favorable Bank's motion for 'approval Council was 12/9/57 $7 DR. BONNET'S REQUEST FOR VETERINARY HOSPITAL ON LOT 2, BLOCK 1, EDENiirlOOR ADDITION-I, * was discussed at some length. Community Store lot, that it is contiguous to a Commercial zone, that it is some 435 feet away from the residential area to the South, that, after Highway No. 169 is relocated, there should be no difficulty at al1;'tha-t there will be neither noise nor odor because there will be no outdoor runs. Discussion brought out the point tliat the Village Zoning Ordinance does not list a Veterinary Hospital as a permitted use in any zone; that the Ordinance would have to be amended, or the permit would have to be issued on a "special use" basis. Attorney Spencer asked for an opportunity to examine the Ordinance to ascertain procedure to be followed by the Council, and Bank moved that Public Hearing be scheduled for first meeting in February, 1958, subject to Attorney's opinion on procedure. Motion seconded by Fronk and carried. Blanning Commission had recommended approval of petition. Dr. Bonnet's arguments were that the lot is a SOUTHDALE REALTY'S REQUEST FOR REZONING TO REGIONAL SHOPPING DISTRICT TABLED. Planning Commission's December 4th recommendation for approval of Southdale Realty Company's request for rezoning of an area between France Avenue and Valley View Road and between W.64th and W.66th Streets to "Regional Shopping District" was reviewed. Report set forth the matter of Southdale Realty Company's negotiations with the Richfield School Board for transfer of the property from Richfield School District to Edina, and of Richfield School Board's refusal to allow such transfer. Dickson's motion that request for rezoning be tabled for the present was seconded by Bank and carried. WANNER BUILDING TO BE USED FOR TANK FABRICATION. 4th recommendation for issuance of a building on Section 1, Block 1, Wanner Addition, to be used for tank fabrication, was reviewed. The matter of a noise nuisance was discussed, and Mr. Hyde reported that only 10:; of operations will be fabrication, whereas the Wanners formerly fabricated at about 90:s of total operations. and building permit authorized Planning Commission's December Bank's motion that Planning Commission's recommendations be accepted seconded by Tupa and carried. STREET NAME CHANGE RECOIVIMENDED--CODE AVENUE NORTH OF GROVE, TO "PORTER LANE". Planning Director Swanson reported the Planning Commission's December 4th recommendation for change in the name of Code Avenue, North of Grove Street, to "Porter Lane". direct continuation of Code Avenue. Inasmuch as this portion of Code Avenue is well built up, and inasmuch as there is no action needed until proposed plat is filed, matter was postponed by common consent. BUILDING SETBACK ON FRANCE AVENUE, SOUTH OF W.69TH STREET, TO BE 75 FEET FRO8 CENTERLINE OF STREET. Planning Commission's recommendation of December 4th, for a Building Setback of 75 feet from centerline of street on France Avenue from W.69th Street South, was reviewed. Question was raised as to the effect such setback would have on Edgemoor Addition, and Manager was directed to check the service station corner to ascertain setback from France Avenue at that point. Bank's motion, that Planning Commission recommendations be accepted, and that Village Attorney be directed to draft an ordinance requiring such setback, for presentation at the next meeting, was seconded by Tupa and carried, This recommendation comes as the result of intent to plat a DECEMBER llTH REGIONAL PLANNING MEETING was announced, and all Council Members were invited. HENNEPIN CClUNTY ACQUISITION OF RIGHT-OF-WAY FOR CROSSTOVJN HIGHNAY APPROVED. Manaqer Hyde presented County Engineer L. P. Pederson's letter of November 15, requesting Council approval of the County's acquisition of right-of-way for the 62nd Street crosstown Highway from Xerxes Avenue toward the interchange with Trunk Highway 100. Letter stated that, subject to advice from the Council that there has been no change by the Village as to the location of the proposed Highway, the CounSjr will proceed, now, to acquire vacant property; and, then, if there is money still available, will probably purchase developed property, in order that owners may have time to vacate. Council was in agreement as to route, but discussion was had as to access from the proposed highway to the municipal swimming pool. Fronk's motion, authorizing the Village Manager to inform the Hennepin County Highway Department that it is satisfactory to proceed with acquisition of right-of-way for proposed 62nd Street Crosstown Highway $from Xerxes Avenue to Olinger Road, subject to access satisfactory to the Village from said Highway to the Edina Municipal Swimming Pool, was seconded by Dickson and carried. BEER LICENSEES TO BE WARNED OF POSSIBLE LICENSE REVOCATION ON PROOF OF SALE TO MINORS. of the license granted to Mr. George Shilson, dba Village Inn, whose bartender has been convicted of selling beer, off-sale, to a minor. Review was had of E&, Shilson's operation, and it was noted that this is the first conviction in fourteen years; and that there are some extenuating circumstances. informally agreed that license not be suspended. directed to call attention of beer licensees to seriousness of this offense and possibility of suspension or revocation of.license upon conviction, by letter. Manager Hyde presented Municipal Judge Burris's request for suspension It was Chief of Police Bennett was 26 12/9/57 - MUNICIPAL-STATE AID IdAINTENANCE ALLOCATION REQUESTED. the council his report and recommendation concerning allocation of funds to be requested from the State of Minnesota for Edina hiunicipal State Aid Streets. Bank offered the following Resolution and moved its adoption: Engineer Zikan presented to RESOLUTION REQUESTING MUNICIPAL STATE AID STREET MAINTENANCE FUNDS I'JEREAS, the Village Council of the Village of Edina, by Resolution adopted October 14, 1957, has established a Kunicipal State Aid Street System, and , XIEREAS, the Village Council of the Village of Edina may make appli- cation for Kunicipal State Aid Maintenance Funds under the provisions of Minnesota Laws of 1957, Chapter 943: NOiJ, THEREFORE, BE IT RESOLVED, by <he Village Council of the Village of Edina that the Kunicipal State Aid Streets described as follows, to wit: MAINTENANCE BETTERL'tENT ftIf-EAG? CGNTROL NO. STREET Id ILE AGE 139 Maloney Avenue 0.75 151 Antr im- Road 0.25 150 Nooddale Ave. 2.26 144 ';lest 66th Street 1.00 143 :test 58th Street 1.65 142 West 54th Street 0.50 141 I'Jest 50th Street 1-25 140 West 44th Street 0-62 TOTAL BETTERMENT MILEAGE ............... 8.28 ROUTINE FdAINTENANCE 2 LANE LON TYPE MILEAGE CONTROL xu. STREET MILEAGE 138 Dewey Hill Road 1.39 145 \Vest 70th Street 2.67 151 Hansen Road 1.07 146 Benton Avenue 0.88 147 Blake Road 1.64 148 Gleeson Road 1.20 149 Mirror Lakes Drive 0.81 152 Tracy Avenue - 1.16 TOTAL 2 LANE LOiV TYPE ................. 10.82 3e and hereby are-designated as FiCiunicipal State Aid Streets on which maintenance funds are requested from the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the following Aiunicipal State Aid "Streets are not to be included in the request for maintenance funds: I:UP?ICIPAL STATE AID STREETS NOT TO BE INCLUDED IN MAINTENANCE FUNDS REQUEST COlJTROL NO, STREET fil IL E AGE 151 Valley View Road 0.98 139 Interlachen Blvd. 1.49 148 T.llG, R. 21 1.41 3.88 East Line of Sec. 7, BE IT FURTHER RESOLVED that the Village Engineer is hereby authorized and directed to forward two certified copies of this resolution the Commissioner of Highways for his consideration in allocating the following amount to be designated for the Xunicipal State Aid Maintenance allotment in 1958 to the Village of Edina: 8-28 Mles (Betterment) W S 880.00 per mile - - E 7,286.40 10.82 Aliles (Routine) d 31200.00 per mile - - $12,984*00 TGTAL IAAImEIJANCE ALLOCATION REQUESTED $20,270.40 Motion for adoption of the Resolution was were five ayes and no nays, aye; and Bredesen, aye; and the as follows: Mayor TERN OF EASEIJENTS FOR FRANCE AVENUE CONSTRUCTION TO BE EXTENDED. reported that work on the France Avenue Bridge has not progressed as rapidly as was expected, and recomnended that the Council extend the term of its construction easements. and moved its adoption: Idanager Hyde Some discussion was had, and Dickson offered the following resolution 29 . 12/9/57 RESOLUTION WHEREAS, It is necessary, advisable and in the public i’nterest that the I Village of Edina widen France Avenue; and Village of Edina to acquire certain easements for the construction and maintenance of slopes, culverts and storm sewers, viz: \WEREAS, In order to accomplish such purpose, it, is necessary for the Easement No. 1. An easement to place earth materials and do all things necessary or incidental thereto in the construction of side slopes in accordance with present construction plans for the improvement of France Avenue, which plans are on file in the office of the Hennepin County Highway Engineer, such slopes to be constructed within the limits of the following described tract of land situate in Hennepin County, Minnesota: . That part of Lot I, Block 6, Colonial Grove Third Addition (being registered land evidenced by Torrens Certificate of Title No. 237490) Commencing at a point in the East line of said Lot.1, located 50 feet North of the Southeast corner thereof; thence extending Southwesterly to the Southwest corner of said Lot 1 and there terminating. which lies Southeasterly of the following described line: Under the terms of this easement, the Village of Edina, or its nominee, shall cause the side slopes and newly placed earth materials in the easement area to be covered with sod. This easement shall cease and terminate upon completion of construction work as above contemplated or on December 1, 1958, whichever date first occurs: provided, however, the lateral support afforded to France Avenue by the construction of such side slopes shall not thereafter be removed. ‘Easement No. 2. An easement to pIace earth materials and do all things necessary or incidental thereto in the construction of saide slopes in accordance with present construction plans for the improve- ment of France Avenue, which plans are on file in the office of the Hennepin County Highway Engineer, such slopes to be constructed within the limits of the following described tract of land situate in Hennepin County, Minnesota: That part of the West 650 feet of the North one-half of the South one-half of the North one-half of the Southwest Quarter of the Northwest Quarter (@ of S* of of the S* of the N@) of Section 20, Township 28 North, Range.24 West, lying West of the extension North of the East line of Lot 12, Block 2 of Brookline 2nd Addition, except easement of public in France Avenue. Commencing at a point on ,the North line of the ab.ove described tract located 83 feet East of the Northwest corner thereof; thence extending Southerly along a line parallel with the West line of the above described tract for a distance of 60 feet; thence Southwesterly to a point on the South line of the above described tract located 53 feet Easterly of the Southwest corner thereof and there terminating: which lies Westerly of the following described line: together with the perpetual right to place, replace and maintain in accordance with the aforementioned construction plans for the improve- ment of France Avenue: (a) A culvert in the main channel of Minnehaha Creek as said Creek crosses the Northerly 60 feet of the easement area, and Two stom sewer pipes in said side slopes within the Northerly 60 feet of the ease- ment area, with outlets in the main channel of said Minnehaha Creek. (b) Under the terms of this easement, the Village of Edina, or its nominee, shall cause the side slopes and newly placed earth materials in the easement area to be covered with sodQ The rights and interest of the Village of Edina or its nominee with respect to the construction of said side slopes shall cease and terminate upon completion of construction work as above contem- plated or on December 1, 1958, whichever date first occurs; provided, however, the lateral support afforded to France Avenue by the con- struction of such side slopes shall not thereafter be removed, and provided, further, that the rights and interest of the Village of Edina or its nominee with respect to the right to place, replace and maintain said culvert and storm sewer pipes shall nit be limited in time but shall be perpetual. 38 i2/9/57 WEREAS, the efforts of the Village of Xdina to obtain such easements have been unsuccessful; and authorizing the commencement of a condemnation proceeding to obtain the above described easements in which the completion date of the VJO~~ to be done was started as December 1, 1957, which condemnation case has been commenced as District Court Case No. 531283; and date of December 1, 1958, rather than December 1, 1957, is now necessary. procure the aforementioned easements under its right of eminent domain and that the Village Attorney be instructed and directed to file the necessary amendments to the existing petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the court; that the Village Attorney, the Mayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action !'HEREAS, the Village Council on July 8, 1957, passed a resolution WHEREAS, the Village Council has now been advised that a completion NOW, THEREFORE, BE IT RESOLVED: That the Village of Edina proceed to Motion €or adoption of the Resolution was seconded by Fronk, and on Rollcall YJATERFJAIN HEARINGS AND BIDS SCHEDULED: petition for Vlatermain on Bernard Place from Grove Street to Benton Avenue had been inadvertantly overlooked in plans for construction this year; that the people need the service. %n&if+yeto prepare the plans and specifications for this work, and that Council a pu IC hearing and take bids on construction, at the first meeting in January. He also called to Council's attention the matter of constructing two "loops1* in this area, to eliminate the necessity of constantly flushing the mains. He stated that this construction, in Benton Avenue from Bernard Place to 1/2 Block East, and in Code Avenue from ZV.58th Street to Benton Avenue, must be paid from kterworks Fund operations because abutting properties have already been assessed for lateral mains abutting their particular frontages. Manager recommended that Council take bids on these two stub mains, together with the Bernard Place construction, at the first meeting in January. Motion seconded by Bank and unanimously carried. Manager Hyde told the Council that a He recommended that Council direct the Village Tupa so moved. S\rlII.VJIfifG POOL UIJDERI;rATER LIGHTING APPROVED. cost report on the swimming pool, showing that the total estimated cost will be some $12,256.00 under the 5200,000.00 allocated for it. Llr. Hyde reported that the base contract provides for installation of piping and fittings for under- water lighting system but not for completion of wiring and the fixtures; that, for an additional $3,600.00 installation will be completed; that this addition will add to the appearance of the pool, will be a safety feature. recommended that Council authorize this addition, now, inasmuch as installation would cost a great deal more after the pool has been completed. Tupa's motion, authorizing $3,600 addition to contract,for underwater lighting,was seconded by Bank and carried. Manager Hyde presented a. revised He PARK DEVELOPMENT FINAKCING DISCUSSED. Finance Director Dalen recommended that the Council finance Park Cevelopment from the Liquor Dispensary Fund, at the rate of some $40,000 per year for the next four years, rather than by selling the additional 5150,000 general obligation bonds authorized by the voters. explained that this method would save some $99,000 in interest, which would accrue over the thirty-year li€e of the bonds. iz. Dalen's suggestion is practical and feasible, but no formal action was taken. .He Conseasus of opinion was that Dalen to furnish Council r.iith summary of par?: bond expenditures to date. RE-ALLOCATION OF APPROPRIATIONS FOR THE YEAR 1957, Am TRANSFER OF FNmS FRCIC, LIQUOR DISPENSARY FUND TO PARK AND PARK CONSTRUCTION FUhTDS Manager Hyde presented f.kr* Dalen's year-end reports on actual receipts and dis- bursements compared with estinates and budget appropriations, for General Fund and Park Fund. have received some' 536,000 over budgetary estimate; that total General Fund Disbursements will have been some $7,600 under appropriations; that 1956 and 1957 Land Purchases, for which there has been no transfer fromthe Liquor Dispensary Fund to date, have amounted to $11,659.75, and Park Bond Election Expenses in 1957 were $1,764.25. of appropriations for the General Fund be made at this time, and that the Council transfer sufficient moneys from the Liquor Dispensary Fund to 8ark Fund and Park Constfuction Fund to cover the above stated amounts, Reports showed that, by the end of 1957,the General Fund will Recommendation was that the proper re-allocation 12/9/57 31 Bank offered the following Resolution and moved its adoption: RESOLUTION RE-ALLOCATING APPROPRIATIONS FOR THE YEAR 1957, AND TRANSFERRING FUNDS FROM THE LIQUOR DISPENSARY FUND TO PARK CONSTRUCTION FUND AND PARK FUND - BE IT RESOLVED by the Village Council of the Village of Edina: the year 1957 are unexpended, unencumbered and not needed; and that their balances be transferred to other appropriations as hereinafter set forth: 1. It is hereby deemed that certain appropriations made by this Council for - GENERAL FUND: TRANSFER FROM : TRANSFER TO: General Government - $ 6,575.00 Public Works '- $14,100.00 Engineering 16,700.00 Central Services 12,300.00 Police 2,900. 00 $26,400.00 Fire 225.00 $26,400.00 Fund 2. to the Park Fund and the Park Construction Fund as hereinafter set forth: Be it further resolved that funds be transferred from the Liquor Dispensary TRANSFER TO PARK FUND $ 1,764.25 TO PARK CONSTRUCTION FU"- 11,659.75 Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Ba and Bredesen, aye: and the Resolution wa Village Clerk CLAIMS PAID. Dickson and carried : Tupa's motion, for payment of the following Claims, was seconded by General Fund $14,623.89 Sewer Rental Fund $ 12.49 Const. Fund 3,441.68 PIR, Poor, Special Park and Park Assessments 1o.00 Const. Funds 5 , 894.69 TOTAL $73,071.39 Water Fund 796.05 Liquor Fund 48 , 292.59 AGREEMENT FOR FINANCING SEWER AND WATER IN STOW'S EDGEMOOR. receipt of this proposed agreement, but stated that there has not been time for study of it by the Village Attorney and himself. Manager Hyde reported This evening's agenda's having been covered, Bank moved for adjournment to Monday, December 30, at 5:OO P.M. Motion seconded by Tupa and carried. Meeting adjourned at 11:15 P.M. A / Village Clerk