HomeMy WebLinkAbout19580224_regularMINUTE§ OF THE REGULAR MEETING OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 24,
1958, AT 7:30 P.M., AT THE EDINA VILLAGE HALL,
Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredesen.
Minutes of the Regular Meeting of February 10, 1958, were approved as submitted,
by motion Bank, seconded by Dickson and carried,
PUBLIC HEARING ON PETITION TO REZONE FROM OPEN DEVELOPMENT AND AUTOMOBILE PARKING
DISTRICTS TO COMMUNITY STORE DISTRICT - SOUTHWEST CORNER AT W.5OTH STREET AND
HALIFAX AVENUE. Affidavit of Publication in Edina-Morningside Courier February
13 and 20, 1958, and of Posting of "Notice of Hearing", were submitted, approved
as to form and ordered placed on file. Pursuant to said Notice, Public Hearing
was conducted on the petition of Mr. Victor H. Adams for the rezoning of part of
Lot 1, Block 1, Stevens First Addition [Southwest Corner at 50th and Halifax now
occupied by Shell Service Station) from Open Development hnd Automobile Parking
Districts to Community Store District.
Adams, presented a sketch showing the remodeling contemplated by Shell Oil
Company, telling Council that this will necessitate moving the present building
South about 15 feet. It was noted that Shell has occupied these premises since
1927; that petitioners are asking for the rezoning of only that property which
has had "community store" useage for many years. Mr. Moss stated that it is
proposed to plant a buffer along the South and West lot lines, to screen the
station from neighboring residences.
Mrs. Frances Anderson, 5014 Halifax Avenue, asked for some additional information
about the plans; and the Hearing was recessed for meeting of the neighbors and
the petitioners.
Attorney Verne Moss, representing Mr, I
Mr. Ray Anderson, representing his mother,
(See Minutes of Later in Meeting for Action Rezoning).
PUBLIC HEARING ON PETITION TO REZONE FROM OPEN DEVELOPMENT DISTRICT TO REGIONAL
SHOPPING DISTRICT - AREA BETWEEN FRANCE AVENUE AND VALLEY VIEW ROAD AND BETWEEN
W.64TH AND W.66TH STREETS.
February 13 and 20, 1958, and of Posting of "Notice of Hearing", were submitted,
approved as to form and ordered placed on file. Pursuant to said Notice, Public
Hearing was conducted on the petition of Southdale Realty Company for the rezon-
ing from Open Development District to Regional Shopping District of all that
property between France Avenue and Valley View Road and between W.64th and W.
66th Streets which had not already been rezoned Regional Shopping District.
Mr. Robert Crabb, representing Southdale Realty Company, presented layout of
the Southdale Development.
in order that a development of one and two-storey office buildings and a motel
might be constructed there; that planning experts Victor Gruen, Thorshov &
Cerny, Carl Gardner and the Village Planning Commission have agreed that the
proposed plan offers the best land useage. Mr. Crabb reported that Southdale
Realty Company has approached the Richfield School Board twice, attempting to
have this area transferred into Edina School District No. 273, but that Rich-
field School Board has refused.
Village of Edina is the increased tax revenue which this development will
produce--that 37 homes on this ll&acre tract, at $20,000 each, would produce
Village tax of about $2,500 a year, whereas an office-motel development of
about 200,000 square feet would produce real estate taxes of between $15,000
to $18,000 a year for the Village; that the development would mean no invest-
ment for the Village because all utilities are in. Also, that this development
will accelerate construction of the larger office development to the South.
Crabb told the Council that petition is presented, now, because General Service
Administration has issued an invitation for bids for an office building, which
must be in on Wednesday; that this corner is the Southwest boundary of the
limited area in which the Government will permit the building to be constructed.
He stated the building must be completed by December I, 1958. Mr. Crabb was
asked by Council whether the proposed Government Building would be a tax-
free project and replied in the negative. Trustee Tupa asked if the surface
drainage in the area will be taken by the neighboring pond, and was answered
by Mr. crabb that it would be; also, that the Company had checked on sewer
requirements and had been informed that the proposed office development would
require no more sanitary sewer capacity than the possible 37 homes for the area.
Mayor Bredesen inquired as to what use would be made of the property if the
Government built elsewhere and was informed that developer has other prospects
looking at the property for office use; that, in this respect Edina must compete
with Golden Valley and St.Louis Park, but that the only use to which this land
will be put is office use and proposed motel.
that he, as the one member of the present Council who was a Councilman at the
time Southdale Center was zoned, wished to explain the "School District Problem";
that he believed a mistake had been made by the Council at the time Southdale
Center was originally planned, but that this mistake had been made because of
Council's ignorance of the complexity of the problem of transferring the property
from one school district to another; that since that time efforts have been made,
without result, to have school district boundaries changed.
Affidavits of Publication in Edina-Morningside Courier
He stated that the Company is asking for rezoning I
He said that the principle advantage to the
Mr.
Mayor Bredesen told the audience
Mr. Austin, 6609
2/24/58
Southdale Road, objected to the proposed rezoning,and also/the proposal for office
buildings on France between 66th and 70th Streets, stating that when he purchased
his property he was given to understand that the area between France and Valley ~
View Road and 66th and 70th Streets was to be landscaped as a park--that the
contractor from he purchased had so informed him. He was informed by the Council
that the tract between 66th and 70th Street had been rezoned to "Regional Shopping
District" in 1953, together with Southdale Center and before homes were built or
lots placed on sale for Southdale First Addition, and that this had been a matter
of record for some five years.
motel, and Mr. Crabb reported it is intended to be an 80-unit building; that it
will have a swimming pool of its own (this last came as an answer to a question
as to whether "the Village is building a swimming pool for the motel".)
other objections were registered at the Hearing, and no written objections had
been received prior thereto. Bank offered the following Ordinance, moving for
waiver of second reading and adoption of Ordinance as read:
to
Question was raised about the size of proposed
No
ORDINANCE NO. 261-28
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF EDINA BY ESTABLISHING ADDITIONAL REGIONAL
SHOPPING DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS:
Section 1.
Revised Ordinances of the Village of 'Edina, as amended, is hereby further
amended by adding at the end of paragraph 1 of said Section 6 an additional
sub-paragraph as follows :
Section 6, Regional Shopping District, of Ordinance No. 261 of the
Section 2,
and publication.
All that portion of the Southeast One Quarter (SE1/4) of the
Northeast One Quarter (NE1/4) of Section 30, Township 28,
Range 24 bounded by France Avenue South, West 66th Street,
Valley View Road and West 64th Street, which has not
previously been rezoned by Ordinance No. 261-2 adopted
May 25, 1953."
This Ordinance shall be in effect immediately upon its passage
Bank's motion for waiver of second reading and adoption of Ordinance as read was
seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows:
Ordinance was adopted . Bank, aye; Dickson, aye; Kohler, aye; Tupa, Bredesen, aye; and the
19
Mayor
Village Clerk
PUBLIC HEARING ON PETITION FOR PERMIT TO FACE DWELLING ON BRITTANY ROAD RATHER
THAN ON ROYCAR ROAD, Lot 12, Block 10, Woodhill. Affidavit of Publication in
Edina-Morningside Courier February 13 and 20, and of Mailing said notice, were
submitted, approved as to form and ordered placed on file.
explained that his architect was unaware of facing restrictions and had drawn
plan for house facing Brittany Road; that plan will not fit lot, facing Roycar.
He presented a letter of assent to the proposed facing, signed by the Stevensons,
4817 Roycar Road, Henry T. Warner, 6636 Brittany Road, and R.L. Sheppard, 4816
Roycar Road; and another letter of assent Krom the developers of Woodhill Addn.,
Rees-Thomson-Scroggins, Inc. No objections were registered at the Hearing and
no written objections had been received prior thereto.
permit be granted was seconded by Dickson and carried.
Petitioner Dick Roos
Kohler's motion that
PUBLIC HEARING CONTINUED ON PETITION TO REZONE FROM OPEN DEVELOPMENT AND AUTO-
MOBILE PARKING DISTRICT TO CO&UL"ITY STORE DISTRICT - SOUTHWEST CORNER AT W.50TH
STREET AND HALIFAX AVENUE. At this time petitioners and neighbors returned from
their meeting, and Council continued its Hearing.
Avenue, objected to "anything which will route more traffic onto Halifax Avenue
or which devaluate my property, which is what this will do in spite of anything
the proponents say*'.
plan will have as to Halifax Avenue traffic, and was told by the Shell Company
Engineer, and by hk. Bob Hicks, operator of the station, that the plan will
tend to route traffic back into 50th Street, rather than down Halifax. To PAr.
Kohler's statement that, in his opinion, the East island will route additional
traffic down Halifax, !Ar. Moss replied that it is not the intention to construct
this island at this time; that, if Council consents to rezoning, the Company will
be glad to agree not to build the island on Halifax Avenue without coming back to
the Council for. consideration.
Hyde about proposed screening and about the flood lights. They replied that
they will be glad to screen; that they have no intention of directing lights
into any neighbor's windows.
hoist, asking that something be done to muffle it.
exhaust can be directed into a dry well, which should solve problem.
Mr. A.E. Carlson, 5025 Halifax
Trustee Kohler inquired as to what effect the proposed
Petitioners were queried by Council and Manager
EiIrs. Anderson complained of the noise of the
§hell Engineer replied that
Manager
rF _- 2/24/58
Hyde suggested that CQuncil require a specific guaranty (even going so far as a
performance bond) on the planting; also another guaranty that lights will not be
directed into windows. At a neighbor's question about a guaranty that land useage
would remain "filling station" if property were rezoned, Mr. Moss replied that the
corner is under lease to Shell for the next ten years, with first option to buy--
that it is unlikely that land useage will change. Mr. Carlsoh objected once again,
on grounds that this proposed rezoning will open W.5Oth Street to further rezoning;
and Mr. Anderson asked that Council postpone action for further study, stating he
feels sure his neighbors have not received notification of this evening's Hearings.
Mr. Robert Stringer, 5017 Indianola Avenue, inquired concerning definition of
driveways, being concerned for safety of pedestrians along W.50th Street. He
was shown plan, and offered no further objection.
Anderson's request for postponement of action.
contacted many of the neighbors personally and he feels they have been adequately
notified. Manager Hyde reminded Council that the Village has control insofar as
issuance of building permits is concerned.
a poor compromise the last time this matter was presented, in zoning the rear of
the lot "P~tPasg~a~tR~~ip", 09ap$c8f;4e~&1R1. f ollowing Resolution and moved its
adoptioni moving a so ha %he ma ters o ig ting and Screening be worked out by
Manager Hyde and the Company:
Mr. Moss objected to Mr.
He stated that petitioners have
Stating he feels that the Council made
ORDINANCE NO. 261-29
OF EDINA BY ESTABLISHING ADDITIONAL
COMMUNITY STORE DISTRICT
AN ORDINANCE AMENDING THE ZONING ORDINANCE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNgOTA ORDAINS:
Section 1. Section 5, Community Store District, of Ordinance No. 261 of the
Revised Ordinances of the Village of Edina, as amended, is hereby further
amended by adding at the end of paragraph 1 of said Section 5 an additional
sub-paragraph as follows:
"(hh] The East 96 Feet of Lot One (11, Block One (11, Stevens
First Addition, except the Easterly Five Feet conveyed
to the Village of Edina for highway purposes and also
subject to a certain highway easement over the Northerly
Seven Feet of said Lot One, except the East Five Feet
thereof granted to Hennepin County."
'This Ordinance shall be in effect immediately upon its passage and Section 2.
pub1 icat ion.
Bank's motion for waiver of second reading, adoption of Ordinance as read, and for
agreement on Lighting and Screening,
were five ayes and no nays, as follows:
aye; and Bredesen, aye; and the DRDII%AiYC
PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS. Clerk submitted Affidavit of Publication
in Edina-Morningside Courier February 13 and 20, 1958, of "Notice of Public Hearings-
Bibuminous Surface Treatment and Curb and Gutter", which affidavit was approved as
to form and ordered placed on file. Pursuant to said Notice, Public Hearings were
held, and Council action taken, as hereinafter recorded:
1. PUBLIC HEARING ON CONSTRUCTION OF CURB AND GUTTER IN YORK AVENUE FROM W.60TH
STREET TO 6105 YORK AVENUE.
Estimated Cost was read aloud by Manager Hyde at a base cost (for construction of
curb and gutter only) of $4,931.20 as against 1,558 assessable feet, for $3.17 per
assessable foot; with an alternate including repair of driveways and sodding of
boulevards, of $7,055.20, or $4.53 per Assessable Foot.
owners of the two lots on York facing W.60th Street (each assessable for 128 feet)
objected to curb and gutter on York whereas W.60th Street is not.curbed.
later stated he wants the entire job if anything is done, but that he objects to
anything being done.
circulated to rid the street of its mud puddles and because driveways cannot be
connected with the street at this time. Inquiry was made as to the developer's
responsibility for the street, and Engineer Zikan answered he believes Mr. Loken's
bond has now been released and his responsibility is over.
York, presented petition for curb and gutter from its present proposed termination
to the dead end, stating that he would like a determination by the Council on the
drainage problem before action is taken on his petition; that water drains from the
North to the dead-end, causing the street to fill with water at the South end. Mr.
Zikan informed Council that drainage must eventually go to Lake Cornelia and that
a storm sewer is needed.
before a further hearing; that, unless Village is prepared to get rid of the water,
curb and gutter will simply complicate the present problem.
continuing Hearing until March 10, was seconded by Bank and carried.
moved, accepting petition filed tonight and scheduling Public Hearing on same for
March 10.
Vu-Graph Slide was shown of plan and of Estimated Cost.
Messrs. Youngren and Larson,
Mr. Youngren
Mr. Edward Nelson, 6025 York, stated that petition was
Mr. Flmer Seelman, 6112
Mayor Bredesen suggested that drainage matter be checked
Kohler's motion,
Bank then
Motion seconded by Tupa and carried.
2/24/58 72 2. PUBLIC HEARING ON CONSTRUCTION OF CURB AM) GWER, AND BLACKTOPPTNG, IN
DREW AVENUE FROM 5900 AND 5901 THROUGH 5920 AND 5921 DREW AVENUE. Vu-Graph Slide
was shown, of plan and Estimate of Cost. For Curb
and Gutter only, $2,582.40 as against 816 Assessable Feet, for $3.16 per Assessable
Foot; Alternate, with driveway repair and sodding of boulevard, $4,224.00, for
$5.18 per Assessable Foot. And for Blacktopping, $1,811.98, for $2.22 per
Assessable Foot. k. A.R. Lincoln, sponsor of the petitions, stated that the
property to the South on Drew is curbed and blacktopped; that the 5800 Block
is blacktopped; that this small section has been living in dust and now wants
the improvements.
favor of both projects, with the complete curb and gutter project. One owner
spoke in favor of curb and gutter and blacktop, but objected to driveway and
sodding repair, stiitling he would prefer this work himself. Mr. Lincoln told
the Council that he could not speak for his neighbors as to their sentiment on
the driveway and sodding repair in connection with the project, because they had
not known of this plan when they signed the petition.
be continued to next meeting for the purpose of securing petitioners' sentiments
on curb and gutter project was seconded by Kohler and carried.
GRANDVIEW LANE BETVEEN W.52ND AND W.53RD STREETS. Vu-Graph Slide was shown, of
plan and Estimate of Cost. Estimate was read as follows: For Curb and Gutter
only, $3,521.80, as against 1,080 Assessable Feet, for $3.26 per Assessable Foot;
Alternate, with driveway repair and sodding of boulevard, $5,571.60, for $5.17
per Assessable Foot. And for Blacktopping, $3,754.03, or $2.90 per Assessable
Foot.
objected to driveway repair and boulevard sodding.
from the audience, and no written objections had been received prior to the
Hearing.
Estimate was read as follows?
Jkr. Lincoln, 5901, and Mr. Arnold, 5921 Drew, both spoke in
Tupa's motion that Hearing
3. PUBLIC HEARINGS ON CONSTRUCTION OF CURB AND GUTTER, AND BLACKTOPPING, IN
Petgtioner Swendseen expressed himself in favor of both projects, but
There were no objections
Dickson offered the following Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
STREET IMPROVEMENTS N0S.B-49 AND
A-107
BE IT RESOLVED by the council of the Village of Edina, Minnesota, that this
Council heretofore caused notices of hearing to be duly published on the
following proposed improvements:
Construction of Standard Village Curb and Gutter,exclusive of driveway and
sodding, in Grandview Lane between W.52nd and W.53rd Sts.
Blacktopping of Grandview Lane between V1.52nd and VJ.53rd Sts.
and at the hearings held at the time and place specified in said notice the Council
has duly considered the views of all persons interested, and being fully advised of
the pertinent facts does hereby determine to proceed with the construction of said
improvements; that said improvements are hereby designated and shall be referred to
in all subsequent proceedings as follows:
1.
2.
NADAE OF IMPROVEMENT
Street Improvement No. A-107
No. 1 Above Street Improvement No. B-49
No. 2 Above
and the areas to be specially assessed therefor shall include all lots and tracts
of land abutting the street proposed to be improved.
Motion for adoption of the Resolution was s
were five ayes and no nays, as follows: Bank
Tupa, aye; and Bredesen, aye; and the Resol
4. PUBLIC HEARINGS ON CONSTRUCTION OF CURB AND GUTTER, AND BLACKTOPPING, IN
ZENITH AVENUE FROM \EST 60TH STREET THROUGH 6101 ZENITH AVENUE.
was shov~n of plans, and Estimates of Cost.
follows:
for $3.18 per Assessable Foot; with an Alternate with Curb and Gutter including
driveway repair and boulevard sodding, of $6,800.20, for $5.19 per Assessable
Foot. And Blacktopping, $2,949.38, as against 1,234 Assessable Feet, for $2.39
per Assessable Foot. Pllr. George Smith, 3219 W.6Oth St., spoke in favor of the
Blacktopping but in objection to the Curb and Gutter, reporting that Zenith
does not have a mud problem and does not need curb and gutter; that construction
means unnecessary expense for this block. It was stated that two of petitioners
wish to withdraw; also that there may be some who have not signed, who wish to
do so. Mr. Mooty, 6012 Zenith Avenue, stated he is in favor of blacktopping
and the curb and gutter without repairs; Mr. Rauber agreeing with him; Messrs.
Darling and Fink wish to be counted against project.
in opinion among the neighbors, Council asked that Hearing be recessed while
neighbors consulted together in an effort to come to some agreement; and later
in the meeting they returned, adding the names of Messrs. Quist, 6037 Zenith
and Larson, 6029 Zenith, and reporting that the majority approve the proposed
Blacktopping and the Curb and Gutter without skx driveway repair or sodding.
Bank offered the following Resolution and moved its adoption:
Vu-Graph Slide
Estimates of Cost were read as
For Curb and Gutter only, $4,166.80, as against 1309.0 Assessable Feet,
I
Because of the differences
2/24/58
RESOLUTION ORDERING IMPROVEMENTS 1. 73 .
STREET TMPROVEMENTS NOS. B-50 AND a A
A-108 /. BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notices' of hearings to be duly published on the following proposed
improvements:
1. Construction of Standard Village Curb and Gutter (without driveway
repairs and sodding) in Zenith Avenue from West 60th Street through 6101
Zenith Avenue.
2. Blacktopping of Zenith Avenue from West 60th Street to 6101' Zenith Avenue.
and at the hearings held at the time and place specified in said notices the Council
has duly considered the views of a13 persons interested, and being fully advised of
the pertinent facts does hereby determine to proceed with the construction of said
improvements; that said improvements are hereby designated and shall be referred to
in all subsequent proceedings as follows:
and the area to be specially assessed therefor shall include all lots and tracts of
land abutting the portion of the street proposed to be improved.
NAME OF IMPROVEMENT:
No. 1 Above Street Improvement No. B-60
No. 2 Above Street Improvement No. A-108 I
Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there
were five ayes and no nays, as follows: B Dickson, aye; Kohler, aye; Tupa,
aye; and Bredesen, aye; and the Resolution
ATT T: +dJHU illage Clerk Mayor
POLICY ON CURB AND GUTTER AND BLACKTOPPING CONSTRUCTION CHANGED.
withdrew his suggestion of a previous meeting, that boulevard sodding and driveway
repair be included in blacktopping and curb and gutter construction.
with consent of balance of Council, and 'Engineer was directed to draft his future
plans and estimates of cost without these repairs.
W
Trustee Bank
This met
UTILITIES FINANCING FOR EDGEMOOR-AGREEMENT ACCEPTED.
the Council the following Agreement, which is being incorporated into these
Minutes as a matter of record:
Manager Hyde reviewed for
AGREEMENT
THIS AGREEMENT, Made and entered into this 22nd day of February, 1958, by
and between the VILLAGE OF EDINA, a municipal corporation organized under the laws
of the State of Minnesota, (hereinafter referred to as the "Village"),and D'ARCY
J.M. LECK and PAULA D. LECK, husband and wife, fee owners of the property herein-
after described, and THE STOW COMPANY, a Minnesota corporation, contract purchaser
of the property hereinafter described, (collectively hereknafter ref erred to as
the "Developers" 1; WITNESSETH THAT:
situate in the Village of Edina, County of Hennepin and State of Minnesota,legally
described as :
WHEREAS, The Developers are the owners of the following described property
All of Stow's Edgemoor Addition, according to the map or plat thereof
on file and of record in the office of the Registrar of Titles of
Hennepin County, Minnesota;
WHEREAS, In recent months the Village has inaugurated a policy requiring
and
all land developers to pay for the entire cost of water and sewer service at the
time of installation; and
notice of this change of policy by the Village, and both parties are desirous of
achieving an amicable settlement to any disagreement that they may have, which
settlement is intended to be in the nature of a comprmise only and not to repres-
ent a new policy of financing the cost of installing water and sewer services.
NOW, THEREFORE, In consideration of the mutual covenants and agreements
hereinafter contained, IT IS HEREBY AGREED AS FOLLOWS:
1. The Village hereby agrees to install sewer and water facilities to
serve certain lots in Stow's Edgemoor Addition and to assess the cost thereof to
the benefited land.
shall serve those lots in said addition as are more particularly identified by the
plans and specifications on file in the Village Engineer's Office.
annual installments, the first installment commencing with the 1958 taxes, due and
payable in 1959, notwithstanding the manner in which the Village actually levies
the special assessments on said property.
3. The Developers hereby agree, for themselves, their heirs, successors
and assigns, that if any lot in said Stow's Edgemoor Addition is sold with a
residence erected thereon, or if any lot is sold to a party who intends to erect a
residence thereon for his own occupancy, as distinguished from a sale directly to
a contractor who is in the business of the construction of homes for resale, that
at the time of said sale the Developers, their heirs, successors and assigns, at
MEREAS, The Developers have, in good faith, stated that they received no
Said cost of installation shall be limited to $30,000.00 and
2. The Developers hereby agree to pay said assessments in three (3)
2/24/58
74their own cost and expense, will pay;the entire unpaid special assessments on said
lot. The Developers, for themselves, their heirs, successors and assigns, further
agree that this provision shall be incorporated into any purchase agreement for
the sale of any lot with a residence erected thereon or for the sale of any lot
to a party who intends to erect a residence thereon for his own occupancy, not-
withstanding anything to the contrary contained in any such purchase agreement
at the time of execution thereof, and that this provision shall be considered-a
covenant running with the land.
Within ten (10) days after the execution of a purchase agreement
between the Developers, their heirs, successors and assigns, and a buyer for the
purchase of a lot with a residence erected thereon or for the purchase of a lot
upon which the buyer intends to erect a residence for his own occupancy, the
Developers, their heirs, successors and assigns, hereby agree to notify tKe
Village in writing of the name and address of the purchaser, the date of the
purchase agreement and the legal description of the lot or lots purchased, and
the Village hereby reserves the right to call to the attention of the buyer the
provisions of this agreement.
In the event the Developers, their heirs, successors and assigns,
violate any of the covenants and agreements herein contained, the Village is
hereby granted the right and privilege to declare all of the unpaid special
assessments on the lots in Stow's Edgemoor Addition due and payable in full
with the real estate taxes due and payable in the year following the breach of
any provision in this agreement.
discharge this instrument as a memorial from the Certificates of Title to the
lots in Stow's Edgemoor Addition after December 31, 1961.
caused these presents to be executed in their respective corporate names by
their duly authorized officers and their respective corporate seals to be
hereunto affixed, and D'Arcy J.M. Leck and Paula D. Leck have hereunto set
their hands, all the day and year first above written.
4.
5.
6. The Registrar of Titles is hereby authorized to automatically
IN WITNESS WHEREOF, The Village of Edina and The Stow Company have
Some discussion vias had on the proposed agreement; and Dickson moved that Council
accept the provisions thereof and that Mayor Bredesen and Manager Hyde be authorized
and directed to sign agreement on behalf of the Village. Motion seconded by Tupa
and carried.
PUBLIC HEARINGS, AS CONTINUED, ON PROPOSED CONSTRUCTION OF LATERAL \CIATERMAIN AND
SANITARY SEVER IN STOW'S EDGEMOOR ADDITION.
bid taken January 27, were as follows:
feet, for $6.56 per Assessable Foot. Sanitary Sewer: $13,228.05, for $4.31 per
Assessable Foot, with bids taken being slightly lower than Estimate.
no objections, either oral or written, to the proposed improvements, and Tupa
offered the follovJing Resolution and moved its adoption:
Estimates of Cost, made"upxbefore
Watermain: $20,142.00 as against 3,069.47
There were
RESOLUTION ORDERING IMPROVEMENTS
WATERMAIN IMPROVEMENT NO . 126 ;
SANITARY SEWER IMPROVEMENT NO. 139
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notices of hearings to be duly published on the follow-
ing proposed improvements:
1. CONSTRUCTION OF VILLAGE WATERNIAIN AND APPURTENANCES IN: Heatherton
Trail from W.70th St. to Mavelle Drive; Bristol Blvd. from W.70th St. to Mavelle
Drive; Lynmar Lane from 1.70th St. to Mavelle Drive; Sandell Ave. from VJ.7Oth St.
to Lynmar Lane; Mavelle Drive from Heatherton Trail to Sandell Lane.
2. CONSTRUCTION OF SANITARY LATERAL SEWER IN: Heatherton Trail from Y.70th
5t. to Mavelle Drive; Bristol Blvd. from W.7Oth St. to Mavelle Drive; Sandell Ave.
from W.7Oth St. to Lynmar Lane; Mavelle Drive from Heatherton Trail to Lynmar
Lane; AND LATERAL CONNECTIONS TO THE TRUNK SEVER in: Lynmar Lane from W.70th
St. to Mavelle Drive,
and at the hearings held at the time and place specified in said notices the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts does hereby determine to proceed with the con-
struction of said improvements; that said improvements are hereby designated and
shall be referred to in all subsequent proceedings as follows:
NAME OF IMPROVEMENT:
No. 1 Above Watermain Improvement No. 126
No, 2 Above Saniatary Sewer Improvement No . 139
and the areas to be specially assessed therefor shall include all lots and tracts
of land abutting the portions of the streets proposed to be improved.
Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there
2/24/58 e K 4' a
CONTRACTS AWARDED FOR SANITARY SEWER AND WATERMAINS.
Council the bids taken January 27 on three Watermain and a Sanitary Sewer project.
He recommended award of contract to Northern Contracting Company on its bid for
June I, 1958, completion, as follows:
WATERMAIN IMPROVEMENT NO. 124 - Bernard Place, etc. $6,787.30
WATERMAIN IMPROVEMENT NO. 125 - Trunk Watermain, 70th St. and
France Avenue. $19,072.50
WATERMAIN IMPROVEMENT NO. 126 - Stow's Edgemoor Addn. $14,9 63.20
SAIPT~;ARY;.SEWER'-'IMPROVEMENT NO. 139 - Stow's Edgemoor Addn. $ 9,357.25
$46,180.25
Bank's motion that contract be awarded in accordance with Manager's recommendation
was seconded by Tupa and carried.
Manager Hyde reviewed for the
PUBLIC HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT NO. 454-FILLING OF LOTS 3. 4
AND 5, BLOCK 4, BROOKSIDE HEIGHTS ADDITION, TO ABATE A DANGEROUS CONDITION.
Affidavit of Publication in Edina-Morninqside Courier February 6 and 13, 1958 of
"Notice of Assessment Hearing*' was submitted, approved as to form and ordered
placed on file.
is $2,229.48, to be spread over the three lots filled.
assessment to be levied as follows: Lots 3 and 4, $743.16 Each; Lot 5, owned
by Mrs. Edith Waste who had partially filled her lot before any work was done
by the Village, $593.16; the General Fund of the Village, $150.00.
objected, feeling that her assessment was still high, in relation to that of
the other two lots.
Mr. Bogen did not object to the assessment but did inquire about disposition
of drainage water, and was told that a storm sewer is needed in the area.
There were no other objections to the assessment, either oral or written, and
Kohler offered the following Resolution and moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS
Manager Hyde reported that the Assessable Cost of the project
He recommended an
Mrs. Waste
She stated she had expected to be assessed about $200.00.
FOR IMPROVEMENT NO. 454 - FILLING OF LOTS
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows:
assessment for IMPROVEMENT NO. 454, i.e., Assessment of Lots 3 and 4, Block 4,
Brookside Heights in the amount of $743.16 Each, and Assessment of Lot 5, Block
4, Brookside Heights, in the amount of $593.16, 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 assessment as might be necessary, and to adopt the same by reso-
lution; that said proposed assessments have at all times since their filling
been open for public inspection, and opportunity has been given to a11 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 assessment, and said proposed
assessment 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 th 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.
installments extending over a period of five years, the first of said installements,
togetHeaywilh interest on the entire assessment from the date hereof to December 31,
1959, to be payable with general taxes for the year 1958, 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 1959 through 1962, collectible in the
respective ensuing years.
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 assessment, 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 thereafter cause said
assessment to be collected in the manner provided by law. Said duplicate shall
be designated as the 'rASSESMENT ROLL FOR IMPROVEMENT NO. 454*', and all amounts
collected in respect of the assessment therein contained shall be similarly
designated and by the County Treasurer and remitted to the Village Treasurer
1. It is hereby found, determined and declared that the proposed
2.
The total amount of this assessment shall be payable in equal annual
3.
4.
and him credited to the Sinking Fund Account of the PIR Fund.
2/24/58
Motion for adoption of the Resolution was seconded by Bank, and on Rollcall there L
YJ.64TH STREET FROM XERXES AVENUE VEST was discussed at the request of Counsel for
Miss Katherine Pearce, owner of the property proposed to be acquired.
pointed out that the most economical route for a Sanitary Server to the 65th Street
Outlet is in proposed 64th Street.
an easement for utilities would be acceptable to the Council in lieu of a street
dedication, and Manager Hyde stated he believes this would be satisfactory, hlr.
Zikan stating he thinks a 30-foot wide easement would be sufficient.
asked for time to consider the matter, and the matter was laid over to the first
meeting in April.
It was
Miss Pearce's representative asked whether I Miss Pearce
PETITION FOR SANITARY SEVER IN MINNEWAWA AVENUE BETWEEN W.5OTH STREET AND EDEN
AVENUE was submitted, carrying signatures of owners of 5% of one side of the
street.
and that while the Village will pay its share of lateral sewers for property
which will derive benefit from lateral installation, the Village Hall is already
served by sewer and the property abutting Minnewawa does not derive any benefit;
also, that the sewer must be run a considerable distance along W.5Oth Street to
reach hlinnewawa, without property to which this cost can be assessed; thus
making the potential cost to Minnewarva owners almost prohibitive.
gentlemen from Minnewawa Avenue were present, to tell the Council that they are
having serious cesspool troubles; that, because of the clay and fine sand they
are having to pump their cesspools continually.
of the great cost of sanitary sewer construction, and because there is a good
change that the Highway Department may take these lots for Highway No. 100
right-of-way, they continue with their cesspools.
It was pointed out that the Village owns the other side of the street,
Two
Council suggested that, because
INSURANCE COVERAGES AWARDED.
and Volunteer Firemens Group Accident Policy were discussed.
Company was shown to be low for the Firemens Group Accident Policy, at a premium
of $139.82, and Dickson moved that policy be awarded to low bidder.
seconded by Tupa and carried. Ten bids on Workmen's Compensation were discussed,
the difference from the Statutory Rate being in the various premium discounts and
estimated dividends offered. Bidders were present, and reported the advantages
of their various plans, and after some very lengthy discussion, Trustee Dickson
recommended that the Village accept the Retrospective Rating Plan (3-year)
bid by Brandow Insurance Agency for Bituminous Casualty Corporation.
moved.
COhrlBINATION CoMPREHENSIVE AND FLEET LIABILITY TO BE RE-ADVERTISED. Uith bidders
present, Council discussed the bids presented--which because of their complexity
defied tabulation.
sufficiently definite 56 allow for competitive bidding, Messrs. Dickson and
Kohler were asked to draft specifications for a re-bid. Kohler's motion that
bids on the combination policy be rejected and that Village re-advertise, was
seconded by Bank and carried.
Bids taken February 21 for Workmen's Compensation
Charles W. Sexton I hlotion
Tupk so
Motion seconded by Kohler and carried.
Because it was determined that specifications were not
PURCHASE OF DORMANT OIL SPRAY AUTHORIZED.
presented Tabulation of Bids taken this morning, W.H. Barber Company being low -
bidder of three on carload lot of the "Standard" Spray,, at $.57 per gallon; with
Standard Oil Company next low at $3748 per gallon.
however, that the Village purchase Standard Oil Company's "Superior" Spray,
which can be used at 3% of solution, rather than the 5% required for the
"Standard", and which was offered by Standard Oil Company in an auxiliary bid
at s.6748 per gallon in Carload lots, $.89 in LCL lots. Matter of savings in
handling was discussed, and Bank moved that Council reject all bids on the
"Standard" spray and authorize purchase of up to $865.00 worth of "Superior"
Spray, as needed, at $.89 per gallon.
Recreation and Parks Director French
E&. French recommended,
Motion seconded by Tupa and carried.
PRELIMINARY PLANS FOR ARDEN. CORNELIA AND NORhtANDALE PARKS APPROVED.L&. French
presented Preliminary Plans for Arden, Cornelia and Normandale Parks, as prepared
by Arthur Harrison, Park Planner. He reported that plans for Arden park call for
for re-location of the Creek to the West (in approximately its old channel) and
reclaiming of the low land to get as much play area as possible; that the problem
of transport across the Creek from one play area to another will call for foot-
bridges.
more parking on the Minnehaha Boulevard side and less than planned on the Brook-
view side*
It was Council's opinion that parking lots should be changed, with
The other two parks were also discussed at Some length, and
. .* *. _. .I -. -.
2)/24/5 8 .
Manager Hyde suggested that informal hearings be held with neighboring property
owners as a matter of information to them and to get their recommendations and
objections.
advised concerning park development. Mr. French reported that Normandale Park
plans have already been presented to the Normandale Community Service Council.
Bank's motion, that Council approve preliminary park plans as presented and .
subject to results of neighborhood hearings, was seconded by Tupa and carried.
Tupa then moved that Council commend the Park Board for its plans and encourage
further work'along this line.
He reported that the owners abutting Arden Park have asked to be
Motion seconded by Kohler and carried.
t. 77
1
GENERAL POLICY OF LAND ACQUISITION AND PARK DEVELOPMENT EXPENDITWE§ FOR 1958 AND
1959 APPROVED. The Park Board's Schedule of Projected Expenditures for Years 1958
and 1959, for Land Acquisition and Development, was again presented and discussed.
Dickson offered the following Resolution and moved its adoption:
RESOLUTION AFFIRMING THE PARK BOARD RECOMMENDATION
TO ESTABLISH A GENERAL POLICY OF LAND ACQUISITION
t
AND PARK DEVELOPMENT EXPENDITURES FOR 1958 AND 1959.
WHEREAS, The Edina Park Board has made a thorouqh and intensive studv of
park acquisition and development needs and has submitted a proposed schedhle to
accomplish as much as is possible with available moneys, and
WEREAS, The Village Council has met with the Park Board to discuss, study
and examine said schedule.
NOW, THEREFORE, BE IT RESOLVED That the Village Council of the Village of
Edina, Minnesota establishes the following general policy as a guide for expen-
diture of funds up to the amount authorized by the voters in the Park Boad
election of February 5, 1957.
Land Acauisition Development
1958 1st Quarter $ 34,300 $ 82,900
2nd Quarter 26,200 122 , 806
3rd Quarter 15,000 84,160
4th Quarter 15,000 24 250
TOTALS $ 90,500 $314 , 116 $404,616
1959 1st Quarter none $ 6,700
. 3fd Quarter *a 27,200
19,947
2nd Quarter 11 24,000
*I 4th Quarter
TOTALS -0- $ 77,847 $ 77,847
TWO-YEAR TOTALS $ 90,500 $391,963 $482,463
Motion for adoption of Resolution was seconded by Kohler, and on Rollcall there
were five ayes and no nays, as follows: Bank, aye; Dickson, aye; Kohler, aye;
Tupa, aye; and Bredesen, aye; and the Resolution was adopted. Bredesen had
qualified his aye vote that it is with the understanding of all concerned that
the expenditures set forth in the resolution ar
rigid standard for expenditure of funds as A ated to time. I/
o be a guide only and not a
ALUMINUM WINDOWS AUTHORIZED FOR WELL NO. 9 PUMPHOUSE.
February 19, accompanied by Banister Engineering Company's report of the 13th and
contractor Dedolph's statements of savings to be made by provision of steel rather
than aluminum windows ($150), was reviewed, as was Dedolph's statement that
contract can be completed by May 20. Kohler's motion that Council accept windows
as specified in original bid and make award in that manner to Karl Dedolph Const,
Co., with May 20th completion and penalty for non-completion as of that date,
was seconded by Tupa and carried.
Manager Hyde's report of
DESIGNATION OF DEPOSITORIES RECLASSIFIED.
liberal designation be made for the Village Official Depositories in order that
deposits be more uniformly distributed, recommending that they be made general
depositories, rather than"dep0sitories of particular funds". Tupa offered the
following Resolution and moved its adoption:
RESOLUTION DESIGNATING DEPOSITORIES
FIRST EDINA NATIONAL BANK, FIR§T
SOUTHDALE NATIONAL BANK AND MIDLAND
NATIONAL BANK
BE IT HEREBY RESOLVED that the First Edina National Bank, Edina, Minnesota, the
First Southdale National Bank, Edina, Minnesota, and Midland National Bank of
Minneapolis, Mipnesota, all authorized to do banking business in Minnesota, be
and hereby are, designated as official depositories of the Public Funds of the
Village of Edina, county of Hennepin, Minnesota, for the calendar year 1958.
Manager Hyde requested that a more
BE IT FURTHER RESOLVED that this Resolution amends and supercedes thos three
"Resolutions Designating Depository" adopted by this Council January 13, 1958.
2]24/58 T' Motion for adoption of Resolution was second ickson, and on Rollcall there
TAXES AND
PAYMENT OF "DELINQUENT"/SPECIAL ASSESSMENTS AUTHORIZED
reported that the County Auditor has now notified us that there are items of
delinquent special assessments on park properties acguired by condemnation and
dedication; also, delinquent taxes on the "Green" property condemned.
seconded by Dickson and carried.
Finance Direct or Dal en
Motion for
-payment of taxes and cancellation of special assessments was made by Bank,
HEALTH OFFICER APPOINTED.
1.4*Streety will accept the position of Health Officer at a retainer of $150
per month, plus a fee for some services such as inspection of wells (for which
the Village will collect $5.00 per well and in turn pay Dr. Rockwell) and for
emergency accident and jail calls; that a full schedule of the doctor's duties
and responsibilities will be worked out shortly.
temporary basis, subject to submission of schedule of duties.
Manager Hyde reported that Dr. C.V. Rockwell, 3940
Appointment approved on a
PUBLIC HEALTH NURSING REPORTS-Annual Report for Year 1957 and Report for January,
1958--nere submitted and ordered placed on file.
%AT= STORAGE RESERVOIR RECOMMENDED.
with Mr. Huseth of the Municipal Water Supply Section of the State Department of
Health concerning tentative plans for a water reservoir in Prospect Hills; that
Mr. Huseth is enthusiastic about the plan.
would be 135' by 200', and that a depth of 20', it could store approximately
4,000,000 gallons; which, together with present two tanks, would provide for half
the ultimate storage required.
about $150,000.
thing for the water system and canht see how it could hurt the neighborhood; that
he would like to see it built next year, to tie up with the Southwest Trunk.
Hyde asked authority to exercise option to purchase the 1-1/2 acre lot in Prospect
Hills, at a cost of $9,500.
by Tupa and carried.
Manager Hyde reported that he had consulted
Mr. Hyde stated %hat the reservoir
It is estimated that the reservoir would cost
Mr. Hyde stated that, personally, he thinks it would be a good
Mr.
Bank's motion that option be exercised was seconded
VILLAGE TO PROCEED AGAINST BOND FOR DAMAGES FOR NON-DELIVERY OF PATROL CAR. Mr.
Hyde reported that he has received the "run-around" from everyone from Hopkins
Motor Sales, right up the line in Chrysler Division, regarding non-delivery of
the patrol car warded to Hopkins Motor Sales December 9.
Village is badly in need of the car and is being very much inconvenienced by its
non-delivery, asking authority to proceed against the bond for damages.
granted by common consent of Council.
He stated that the
Authority
BUILDING'ORDINANCES were presented for Council study, in the hope that they might
be adopted before April 1.
Bank's motion for payment of Claims, as per Pre-List dated February 24, 1958, in
the following amounts, was,seconded by Tupa and carried:
General Fund $9,995 19
Construction Fund 104,430.69
Park 8 Park Const. 18,959.10
Water Fund 20,703.83
Liquor Fund 33 , 350 -67
Sewer Rental Fund 252.35
Improvement Funds . 605 , 376.08
Poor ,Spec . Assmt s . 2,289. 84 - $7953357.65
Tupa moved for adjournment.
adjourned at 12:15 A.FL, Tuesday, Februa
Motion seconded by Kohler and carried. Meeting
11. -A&/ Village Clerk