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HomeMy WebLinkAbout19580428_regular4/28/58 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, APRIL 28, 1958, AT 7:30 P0M.y 4 Tr If. AT THE EDINA VILLAGE HALL. Members answering Rollcall were Bank, Dickson, Tupa and Bredesen; Kohler being absent because of illness. Minutes of the Regular Meeting of April 14, 1958, were approved as submitted? by motion Bank, seconded by Tupa and carried. PUBLIC HEARINGS ON PROPOSED STREET IMPROVEIVIENTS: "Notice of Hearings" on the following fourteen proposed improvements? published in Edina-Morningside Courier April 17 and 24, 1958, was submitted, approved as to form and ordered placed on file. Pursuant to said Notice, the following Public Hearings were held and Council action taken: Affidavit of Publication of 1. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF AYRSHIRE BLVD. FROM DONCASTER WAY TO WEST LINE OF EDINA HIGHLANDS ADDITION (PRESENT BLACKTOP). Estimate of Cost--Total, $2,055.00, as against 441.8 Assessable Feet, for $4.65 Engineer's Revised per Assessable Foot, was read by Manager Hyde, who explained that the Final Plat of Rosendahl's Second Addition to Edina Highlands shows Lot 5, Block 2, to have only 174,4 feet abutting the street (rather than some 259.66 feet as originally set forth); thus raising the "cost per assessable foot" from the originally calculated $3,86, to $4.65. and no written objections had been received prior thereto. following Resolution and moved its adoption: There were no objections registered at the Hearing, Bank offered the RESOLUTION ORDERING STREET IMPROVEMENT NO. A-110 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 improvement : BITUMINOUS SURFACE TREATMENT OF AYRSHIRE BLVD. FROM DONCASTER WAY TO WEST LINE OF EDINA HIGHLANDS ADDITION and at the hearing held at the time and place specified in said notice the council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-110; and the area 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 seconded by Tupa, and on Rollcall there ickson, aye; Tupa, aye; and 2, PUBLIC HEARING ON PROPOSED BLACKTOPPING OF MENDELSSOHN LANE. Engineer's Estimate of Cost was read by Manager Hyde at a Total of $5,040.00, as against 1,605.4 Assessable Feet, for $3.14 per Assessable Foot. Written objection of three property owners--Messrs. Barton Hedges, R.W. Sims, and D.R. Groetsch, was read--objection being on grounds that the street is not yet fully built up and construction trucks will destroy blacktop. Mr. Andrew Justus spoke in favor of the improvement, presenting the written assent of the William Fleets. Developers L.C. Peterson and Mrs. ROY Hollander, owner of six affected lots, expressed themselves as being neutral on the proposition. of project. It was noted that homes are built on eight of the seventeen lots; that there will be some additional building during the summer. Manager Hyde recommended that the Improvement be ordered in, with the understanding that the work not be done immediately; and Mr.. Hasselquist gave his opinion that construction should be postponed not more than six months after order. following Resolution and moved its adoption: Mr. Griswold also spoke in favor Dickson offered the RESOLUTION ORDERING STREET IMPROVEMENT NO. A-111 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: Qnd at 'tu 3earInB ih'eld alt XXe Xime kihi Flake spe&E.i&d .in sa3.d A&ice the OoGnc!$l has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-111; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. BITUMINOUS SURFACE TREATMENT OF MENDELSSOHN LANE Motion for adoption of Resolution was seconded by four ayes and no nays, as follows: Bank, aye; Dic 11 there were ayor 4/28/58 PUBLIC HEARING ON PROPOSED BLACKTOPPING OF HANSEN ROAD FROM VJ.62ND STREET TO 11 53. VaLEY VIE37 ROAD: MADLDX LANE FROM WYMAN AVENUE TO HANSEN ROAD: W.62ND STREET FROM ';JYPUN AVENUE TO HANSEN ROAD. at $9,549.00 as against 3,279.8 Assessable Feet, for $2.91 per Assessable Foot. 114r. Q.A. Collins, 5324yj.62nd Street, spoke in favor of the project for his street, asking also that gutter be "dished" to provide better drainage, stating that any extra cost for this work is agreeable with him. Street, led by Mr. Wm. P. Sanford, 5320, spoke in favor of the project, including the dishing. assessable foot to the Estimate. Mr. J.P. Engquist, 6212 Wyman Avenue, asked that Maddox Lane be deleted from the project inasmuch as it is not built up. Communication in favor of project, signed by owner of three lots on Maddox Lane-- Mr. Bert Monten--was read, as was the "in favor" letter by Mr. and Mrs. R.V. Nyman, 6205 Hansen Road. up; that the viest side is not; and hlr. Engquist reported four vacant lots along Maddox Lane. Engineer's Estimate of Cost was read by Manager Hyde Three additional people on W.62nd Engineer Zikan reported that this extra will add some 204 per Jlr. Zikan reported that the East side of Hansen Road is built Bank offered the following Resolution and moved its adoption: RESOLUTION ORDERING STREET IMPROVEMENT NO. A-112 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 following proposed improvement: BITUAlINOUS SURFACE TREATMENT OF HANSEN ROAD FROM W.62ND STREET TO VALLEY VIECI ROAD: RWDDOX LANE FROM \WAUN AVENUE TO HANSEN ROAD: W062ND STREET FROM VJYlilAN AVENUE TO HANSEN ROAD and at the hearin-g 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 BITUMINOUS SURFACE TREATMENT OF W.62ND STREET FROM WYMAN AVENUE TO HANSEN ROAD; that said improvement is hereby designated and shall be referred to in all subse- quent proceedings as STREET IMPROVEMENT NO. A-112, and the area 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 seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Ban Dickson, aye; Tupa, aye; and Bredesen, aye; and the Resolution was ado ( (In connection with the above improvement, Manager Hyde told the Council that the Engineering Department will prepare plans to include the dishing of the gutters. 4. WESTSHORE DRIVE TO WOODDALE AVENUE. Hyde as $6,688.28, as against 2,755.7 Assessable Feet, for $2.43 per Assessable Foot. Bix letters in favor of the project were submitted. at the Hearing, and none had been received prior thereto. following Resolution and moved its adoption: PUBLIC HEARING ON PROPOSED BLACKTOPPING OF ANDOVER ROAD AND BELVIDERE LANE FROM Engineer's Estimate of Cost was read by Manager No objections were registered Dickson offered the RESOLUTION ORDERING STREET IMPROVE34ENT NO. A-113 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 following proposed improvement : WESTSHORE DRIVE TO WOODDALE AVENUE and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-113, and the area 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 seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Bank, a BITUE.lIN0US SURFACE TREATMENT OF ANDOVER ROAD AND BELVIDERE LANE FRO!.? I Bredesen, aye; and the c Mayor Village Clerk 5. DEAD END, .Manager Hyde read Engineer Zikan's Estimate of Cost as $283.75, for $1.00 per assessable foot, for Blacktopping the presently-traveled roadway; $567.19, as against 276.3 Assessable Feet, for Blacktopping to a 20-foot width. Mr. Glenn VJelch, 4504 North Avenue, presented his own and two other letters in favor of WBLIC HEARIRG ON PROPOSED BLACKTOPPING OF NORTH AVENUE FROM IiiOORE AVENUE TO 4/28/58 blacktopping the street from the North side of Moore Avenue, to a width of 20 1 3 feet. received prior thereto. adoption: There were no objectzons registered at the Hearing, and none had been -I Tup8 offered the following Resolution and moved its RESOLUTION ORDERING STREET IMPROVEMENT' NO. A-114 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 following proposed improvement: and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of BITUMINOUS SURFACE TREATMENT TO A WIDTH OF 20 FEET FROM THE NORTH SIDE OF MORE AVENUE, ON NORTH AVENUE TO ITS DEAD END; that said improve- ment is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVBAENT NO, A-114; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved . BITUMINOUS SURFACE TREATMENT OF NORTH AVENUE FROM MOORE AVENUE TO DEAD END Motion for adoption of the Resolution was seconded by Bank, and on Rollcall there were four ayes and no nays, as follows: Bank, Dickson, aye; Tupa, aye; and Bredesen, aye; and the Resolution was adop 60 PUBLIC HEARING ON PROPOSED BLACKTOPPING OF THE ALLEY BETWEEN W.55TH AND W.56TH STREETS AND BETWEEN YORK AND XERXES AVENUES. as $1,155.84, as against 1,200.25 Assessable Feet, for $.96 per Assessable Foot. Mmes, C.A. Anderson, 5505 York, and E. Swanson, 5504 Xerxes, asked that the work be expedited to stop a bad washout problem. clerk submitted letters in favor of improvement, signed by the Rodgersons, the Krauses, the Burns, and the C.A. Andersons; letters in opposition to improvement, signed by Mmes. Rose Bennett, and Magda Frank, and Mr. Ambrose Waniske. been signed by owners of less than 51% of footage abutfing the alley; that Mrs. Frank was one of the original petitioners. It was noted that the owners of property to the North portion of the alley are most interested in the improvement, Dickson moved for continuance of Hearing until meeting of May 12, for investigation by Engineering Department as to condition of alley. carried, 4 Engineer's Estimate of Cost was read Clerk explained that petition has Motion seconded by Bank and 7, PUBLIC HEARING ON PROPOSED BLACKTOPPING OF JACKSON AVENUE FROM MALONEY AVENUE TO BELMORE LANE. Engineer's Estimate of Cost was read as $3,247.51, as against 1,195.24 Assessable Feet, for $2.72 per Assessable Foot. project, signed by Messrs, Osse, Smith and Sauer were presented, and Messrs. Marquesen, hrkee, Nelson and Olson expressed themselves at the Hearing as being in favor. prior thereto. Letters in favor of There were no objections filed at the Hearing, and none had been filed Bank offered the following Resolution and moved its adoption: RESOLUTION ORDERING STREET IMPROVEMENT NO. A-115 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 following proposed improvement: BELMORE LANE and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the,pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-115, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. BITUMINOUS SURFACE TREATMENT OF JACKSON AVENUE FROM MALONEY AVENUE TO Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there 8, PUBLIC HEARING ON PROPOSED BLACKTOPPING OF GLENGARRY PARKWAY FROM AYRSHIRE BLVD. TO NORTHWOOD DRIVE. Enaineer's Estimate was read as $7.149,00. as aaainst __ . - . - - . - -. . - - - -- 2,637.10 Assessable Feet, for4$2.71 per Assessable Foot. It ;as nothd thaz because the property on one side of the street is a village park, part of this cost will be paid by the Village. There were no objections registered at the Hearing, and none had been received prior thereto. Messrs. Schueler and Schultz, 5308 and 5312 expressed themselves in favor, Mr, Schultz adding a request for No-parking Signs along the "Park" side of the street, and some additional traffic control. Dickson offered the following Resolution and moved its adoption: RESOLUTION ORDERING STREET IMPROVEMENT 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 following proposed improvement: TO NORTHV?OOD DRIVE and at the hearing held a€ the time and place specified in said notice the council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction. of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-116, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be assessed, NO. A-116 BITUMINOUS SURFACE TREATMENT OF GLENGARRY PARKWAY FROM AYRSHIRE BLVD. - h-lotion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no Bredesen, aye; and the I 1 Ehayor 9. TO Wd,60TH STREET. as against 808.6 Assessable Feet, for $3.00 per Assessable Foot. 5905 Josephine, recorded his objection to the project on the grounds that an inexpensive coat of oil would suffice, filing a like objection by petitioner Nord Onstad, 5909 Josephine. There were no other objections registered; and it was pointed out that there are still more than 51% in favor of the improvement, Bank offered the following Resolution and moved its adoption: PUBLIC HEARING ON PROPOSED BLACKTOPPING OF JOSEPHINE AVENUE FROM BENTON AVENUE Alr. M.C. Nelson, Manager Hyde read Engineer Zikan's Estimate of Cost at $2,428.80, RESOLUTION ORDERING STREET IMPROVEMENT NO. A-117 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretoEore caused notices of hearing to be duly published on the following proposed improvement: W. 60TH STREET and at the hearing held at the time and place specified in said.notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows: STREET IMPROVEMENT NO. A-117, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. I BITUMINOUS SURFACE TREATMENT OF JOSEPHINE AVENUE FROM BENTON AVENUE TO Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: and Bredesen, aye; and the Resolution was ad ATT T: %illage WdU Clerk 10, W.57TH STREET: CODE AVENUE FROM W.56TH STREET TO MELODY LAKES DRIVE: MELODY LAKES DRIVE FROM CODE AVENUE TO CODE AVENUE. Engineer Zikan's Estimate of Cost was read as $10,923.00, as against 3,474.64 Assessable Feet, for $3.14 per Assessable Foot. Mr. Pascoe, 5620 Melody Lakes Drive told Council he fears that the blacktop may not hold on the hill because of the grade; that there are some houses in the area not completed as yet, and construvtion trucks may break up the new blacktopping; and a Mr. Peterson also questioned the advisability of blacktopping Melody Lakes Drive at this time. Mr. Pascoe withdrew his objections, Carlson, and R.D. Haecock, 5716 and 5724 Code Avenue, were read; as well as expression in favor, by Mr. H.R. Greenwood,5708 Code. 5109 West 56th street, was present to support written objection signed by himself and Mr. Richard B. Dewey, 5201 West 56th Street. This objection stated that the project "will result in waste and needless expense in repairing the blacktopping on Code Avenue adjacent to the west edge of Melody Lake," inasmuch as plans have been made to dredge part of Melody Lake, slope and plant the bank--and that dredisng equipment would break up new blacktop construction. be dredged out of the lake, the bank sloped and sodded, and the proper drains be established before any blacktopping is oonsidered". PUBLIC HEARING ON PROPOSED BLACKTOPPING OF CODE AVENUE FROM GROVE STREET TO Mr. Zikan stated that a burm is included in the Estimate,and Letters of objection, by Messrs. E.A. hlr. Vernon J. Schweiger, He asked that "dirt Manager Hyde reported that 4/28/58 one of the Village problems is that the warming house sets on part of the land which has washed down into the lake; that neighboring property owners are quire insistent that the house not be located on property privately owned; that the neighborhood is just as insistent that there be a warming house on the lake. He explained that blacktopping will cut down on the erosion; that without the blacktopping to confine water to the storm sewer we are not getting full benefit from the storm sewer. Mr. Ernest Hansen, developer of the property, told Council that blacktop will send water into the catchbasins better than it runs now. Mr. Samuelson, 5608 Melody Lakes Drive, asked for the blacktop; one recommendaton was made for construction of that portion of the project on Code between Grove and W.57th Street; and Manager Hyde recommended that the entire project be done, the engineering department to work with developer Hansen and the Park Board with regard to any dredging or other construction work which might have to be done before blacktopping goes forward. moved its adoption: ' 11 5 Bank offered the following Resolution and RESOLUTION ORDERING STREET IMPROVEMENT NO. A-118 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 following proposed improvement: BITUMINOUS SURFACE TREATMENT OF CODE AVENUE FROM GROVE STREET TO W.57TH STREET: CODE AVENUE FROM W.56TH STREET TO MELODY LAKES DRIVE: MELODY LAKES DRIVE FROM CODE AVENUE TO CODE AVENUE and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to as STREET IMPROVEMENT NO. A-118, and the area 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 seconded by Tupa, and on Rollcall there Dickson, aye; Tupa, aye; and 11. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF W.59TH STREET FROM CONCORD AVENUE TO ST.JOHNS AVENUE. as against 1,086.36.Assessable Feet, for $3.12 per Assessable Foot. E. Nelson's protest on grounds of expense was read. Mr. E.G. Sumi, 5901 Ashcroft expressed himself in favor of the project; but Messrs. Aske and Kimber, 8844 and 5900 Ashcroft, asked that their names be withdrawn from the petition; thus leaving only 50% petition. Discussion was had on possibility of blacktopping the street from Wooddale to St.Johns, and Mr. Hyde told Council there is no petition in for this improvement. Tupa and carried. Engineer Zikan's Estimate of Cost was read as $3,387.23, Mr. George Bank moved that project be abandoned. Motion seconded by & 13. 12. PUBLIC HEARING ON PROPOSED CURB AND GUTTER AND BLACKTOPPING-BENTON AVENUE BETWEEN HIGHWAY NO. 100 AND EASTVIEW DRIVE. was read, in amount of $2,780.32, as against 959.6 Assessable Feet, for the Curb and Gutter, for $2.90 per Assessable Foot, and $2,675.62, or $2.79 per Assessable Foot, for the Blacktopping; the entire project to be assessed against abuttin4 properties. Messrs. Haskin, Tom Hastings, Boran and Me1 Sagar all protested that the Curb and Gutter is, in effect, a storm sewer matter and shou1,d be assessed over a considerable "drainage area". Mrs. Tews asked that the improvement be expedited. burm holding; and Engineer Zikan replied he is afraid that snow plows will destroy during a bad winter,; that, once the burm is broken up water seepage will destroy the blacktop. second meeting in May (May 26), was seconded by Tupa and carried. Engineer Zikan's Estimate of Cost Question was raised as to possibility of blacktop Bank's motion that Public Hearing be continued to la. PUBLIC HEARING ON PROPOSED OPENING, GRADING, GRAVELLING AND OILING OF SHANNON DRIVE THROUGH FJELDHEIM PROPERTY TO DEWEY HILL ROAD. of Cost, based on bids taken last year, in amount of $B0,380.00, or $8.30 per assessable foot, was read. Manager Hyde reviewed proceedings of Hearing of last year, at which time Fjeldheims expressed their opinion that, as the result of a settlement of a drainage suit, they were given prerogative of opening the street at their convenience. He reviewed Village Attorney's memorandum to the effect that the Village may open street at any time. that this Hearing has been initiated because of a request by School officials for the opining in order to facilitate school bus travel. 7204 Shannon Drive and Marshall Everson, 7202, both asked that the road be opened; Mr. Stedman emphasizing the danger for school buses under present arrangement. only property proposed to be assessed), read from the law to the effect that "benefited properties" can be assessed whether or not they abut the improvement. Engineer's Estimate Mr. Hyde told audience Nlessrs. stedman, Mr. Arthur Nelson, attorney for the Fjeldheims (owners of the 4/28/58 fl@ He asked that, if the improvement must be made, it be assessed against others besides the Fjeldheims. Mr. stedman objected to this arrangement, stating Prospect Hills owners have paid for their roads; he believes Fjeldheim should pay for his. they would have to pay cost of the road directly to contractor; that, this way, they have three years to pay. its adoption: Mr. Hyde reminded the Council that, were the Fjeldheims to plat, Bank offered the following Resolution and moved RESOLUTION ORDERING STREET IMPROVEMENT NO. C-76 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 following proposed improvement: OPENING, GRADING, GRAVELLING AND OILING OF SHANNON DRIVE THROUGH and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMBJT NO. C-76, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. FJELDHEIIVI PROPERTY TO DEWEY HILL ROAD Motion for adoption of Resolution was seconded by Dickson, and on Rollcall (Mr. Nelson then spoke on behalf of the Fjeldheims, requesting that they be permitted to negotiate with contractors, themselves, for the improvement. T4r, Hyde suggested that they be given until the first meeting in June, 1958, to make arrangements for the improvement and so notify the Council; that he be given authority to bring matter before the Council again on June 9, if such arrangements have not been made by that time. This arrangement agree- able to all parties. PUBLIC HEARINGS ON PROPOSED STREET VACATIONS: Clerk submitted Affidavits of Publication in Edina-Morningside courier April 10 and 17, 1958, of two Notices of Hearing on Proposed Street Vacations; together with Affidavits of Posting and of Mailing of copies of said Notices, all of which affidavits were approved as to form and ordered placed on file. Pursuant to said Notices, the following Public Hearings were conducted, and action taken by Council: 1. PUBLIC HEARINGS OM PROPOSED VACATION OF - Mildred Avenue from W.66th Street to a point 100 Ft. North of the West 65th Street from Warren Avenue to Rolf Avenue. Park Place from VJ.58th Street to W.62nd Street. Brookview Avenue from VJ.59th Street to \~.61st Street. W.59th Street from Brookview Avenue to Park Place. W.60th Street from Oaklatvn Avenue to Park Place. w.6lst Street from Brookview Avenue to Park Place, Manager Hyde reported that the Park Board and Planning Commission have recommended Vacation of these streets, as part of the Park Program. registered at the Hearing, and no objections had been received prior thereto. linrs. E.L. Kuhlman, 5841 Brookview Avenue, wanted to be sure to have access to her garage. (She now has easement from W.59th Street over the back of 5845 Brookview, to her property,) I&rs. Kuhlman was told that 1/2 the vacated street will revert to the premises at 5845 Brookview and that for that reason there would offered the following Resolution and moved its adoption, resolution being subject to provision for access from Brookview Avenue to garage at 5841 Brookview Avenue: North Right-of-Way line of W.65th Street. There were no objections be room €or a service drive across that portion of the vacated street. Bank - RESOLUTION VACATING STREETS WEEREAS, a majority of the owners of the land abutting the streets hereinafter set forth have petitioned for the Vacation of said streets; and WEREAS, two weeks' published notice and posted notice of a hearing to be had on said petition on April 28, 1958, at 7:30 porn., has been given and made, and a hearing has been had thereon by the Village Council: Edina, Hennepin County, Minnesota, that the following streets: NOH, THEREFORE, BE IT RESOLVED by the Village Council of the Village of 1. Mildred Avenue from West 66th Street to a point One Hundred Feet North of the North Right-of-Way Line of W.65th Street 2. Hest 65th Street from Warren Avenue to Rolf Avenue, 4. Brookview Avenue fr@&@9th Street to -&&SI,aa. yJ,61st St, 5. W.59th Street from ?' Pu%Y Avenue to Park Place. 6. yJ*60th Street from Oaklawn Avenue to Park Place. - 3. Park Place from I'J,B8th Street to V?..62nd Street. 4/23/58 7. W.6lst Street from Brookview Avenue to Park Place all as platted and of record in the office of the Register of Deeds of Hen County, Minnesota, be, and are hereby vacated. Motion €or adoption of the Resolution was seconded by Tupa, and on Rollcall there four ayes and no nays, as follows: ye; Dickson, aye; Tupa, aye; and esen, aye; and the Resolution was ad 2. PUBLIC HEARING ON PROPOSED VACATION OF COUNTY ROAD EASEMENT "over a strip of land 4 rods wide, beginning at the Northeast corner of the Northwest 1/4 of Section 7, Township 116, Range 21, thence south 80 rods to the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 7; thence Westerly along the South line of the North 1/2 of the Northwest 1/4 of said Section 7 to the base of the hill which point is about 550 feet east of the westerly line of said Section 7; thence Northerly and Westerly along the most feasible route at the base of said hill to a point where said line would intersect the Easterly right-of-way line of County Road No. 57 (now County Road No. 18) and there terminating excepting EHerefrom the existing right-of-way of County Highway No. 39". 6933 Valley View Road, examined plat but made no objection to the proposed vacation. No objections were filed at the Hearing, and none had been received by the Clerk prior thereto. its adoption: Dr. Ed. Gagnon, Dickson offered the following Resolution and moved RESOLUTION FOR VACATION OF COUNTY ROAD EASEMENT WHEREAS, a majority of the owners of the land abutting the County Road Easement hereinafter described have petitioned for the Vacation of said easement; and WHEREAS, two weeks' published notice and posted notice of a hearing to be had on said petition on April 28, 1958, at 7:30 porn., has been given and made, and a hearing has been had thereon by the Village Council: Edina, Hennepin County, Minnesota that NOW, THEREFORE, BE IT RESOLVED by the village Council of the Village of THAT COUNTY ROAD EASEMENT over a strip of land four (4) rods wide, beginning at the Northeast corner of the Northwest One Quarter (NW1/4) of Section Seven (7), Township One Hundred Sixteen (116), Range Twenty- one (21), thence south Eighty rods (80 rods) to the Southeast corner of the Northeast One ,Quarter (NE1/4) of the Northwest One Quarter (Nv?1/4) of said Section Seven (7), thence Westerly along the South line of the North One Half (N1/2) of the Northwest One Quarter (NIV1/4) of said Section Seven(7) to the base of the hill which point is about Five Hundred and Fifty (550) Feet East of the Westerly line of said Section Seven (7); thence Northerly and Westerly along the most feasible route at the base of said hill to a'point where said line would intersect the Easterly right of way line of county Road No. Fifty-Seven (57) (Now County Road No. Eighteen (18) and there terminating excepting therefrom the existing right of way of County Road No. Thirty-Nine (39) all as platted and of record in the office of the Register of Deeds of Hennepin County, Minnesota, be and is hereby vacated. ; Dickson, aye; Tupa, aye; and 3. PUBLIC HEARING ON PROPOSED VACATION OF YORG AVENUE BETWEEN W.66TH AND lr'J.68TH STREETS. Southdale Realty Company representatives Crabb and Braddock supported the Company's petition for this platted but "unused" street. A delegation of Xerxes Avenue residents, led by Mr. Streit, 6612 Xerxes, protested the Vacation on the grounds that the Company intends to use the right-of-way for the site for a building, and that if York is closed a service drive can be built directly behind the Xerxes Avenue properties. Mr. Crabb stated the Company dislikes to make plans for any building until it knows that the street will be vacated. One of the Ymxk Xerxes Avenue delegation asked that the delegation go on record as vigorously objecting to the Company's building a warehouse_or drive-in restaurant at the site. It was pointed out by the Council that construction of a building within the Shopping Center District for any useage which meets Shopping Center District zoning requirements is difficult to prohibit. Trustee Bank suggested that matter of street vacation be delayed until Council has a fairly crystalized .idea about what is proposed for the site; and so moved. Motion seconded by Dickson and carried. Xerxes Avenue residents of any further public hearing on this matter. Council instructed Clerk to notify 119 4/28/58 CONTINUATION OF MARCH 24TH PUBLIC HEARING ON PROPOSED 12" TRUNK WATERMAIN AbJD LATERAL CONNECTIONS THERETO. the Meeting of March 24; at which time several objections to the proposed improvement were filed, largely on the grounds that assessment for lateral connections to the proposed trunk main will cause considerable hardship to property owners abutting the trunk line. He reviewed the original Estimate of Cost, which was $.58 per front foot for Platted Property and $124 per acre for unplatted property for the Trunk Assessment Only; plus $5.00 per front foot additional for property fronting on the Trunk and using Trunk as a Lateral. Mr. Hyde suggested that, in line with sentiments expressed at the March 24th Meeting, the entire cost of the project--Trunk Main and Lateral connections Thereto-be assessed over the entire trunk district (eliminating from the district the unplatted area abutting Dewey Hill Road, and Prospect Hills 2nd Addition, which can be served at a later date from a trunk main to the South of the present project). the cost per front foot to an Estimated $.97 for platted property, with a 150- foot maximum, and $223.00 per acre--to be assessed over a 20-year basis. at the time any property abutting the trunk main connected to it a connection charge would be made, at about $5,00 per front foot; this money would be held in escrow, and, appropriate refunds would be made, or assessments cancelled, for the trunk assessment, at the end of the assessment period, At Mr. Hyde's request for an opinion, Attorney Windhorst stated that future "connection charges" must be paid in cash--cannot be assessed. against the proposed improvement, signed by all owners abutting Dewey Hill Road on the North, was submitted; as were petitions in favor of the improvement, received since the March 24th Meeting, signed by H.R. Rosendahl for some 34 acres; Roy H. Peterson, for 33 acres; H,R. Burton, for 58 acres. Two residents of Prospect Hills 2nd Addition added their protests against being included in the assessment district, and Mr. Hyde recommended again that the Dewey Hill acreage, and Prospect Hills 2nd Addjtion be eliminated from the proposed district. present district boundaries, may wish to be served and that it may be possible to add this area to the present district, at this Hearing, and no other written protests had been received prior thereto. Bank offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT Manager Hyde reviewed for Council proceedings of This latter proposed method of assessment would raise Then, At this time a petition He stated at this time that an additional area, to the West of the There were no other protests registered WATERMAIN IMPROVEMENT NO. 127 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 following proposed improvement: Grove street from Hansen Road to Tracy Avenue; thence South in Tracy Avenue to l). Whiting Street; thence,East in Whiting Street to Valley View Road; thence south- westerly in Valley view Road to Antrim Road; thence South in Antrim Road to West 70th Street; thence East in West 70th street to the East side of the Minneapolis, Northfield and Southern Railroad Right-of-Way, to connect with existing 12" Trunk Main in West 70th Street; and lateral service connections thereto and at the hearing held at the time and place specified in said notice Zhe Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO. 127; and the area to be specially assessed therefor shall be as follows: All Lots and Tracts of Land within the boundaries hereinafter set forth: South along the centerline of said Hansen Road to its intersection with the west Line of Minneapolis, Northfield and Southern Railroad Right-of-Way; thence in a generally Southerly direction along the West line of Minneapolis, Northfield and Southern Railroad Right.-of-Way to its intersection with the North Line of the South 1/2 of the North 1/2 of Section 8, Township 116, Range 21; thence Westerly along said line to the Northwest Corner of Lot 6, Block 1, Prospect Hills 2nd Addition; thence Northerly to the Northeast corner of Lot 3, said Block 1; thence Westerlt along the South line of Prospect Hills Addition to the Southwest corner thereof, which is the West line of Section 8, Township 116, Range 21; thence due North on said West Section Line and the West Section Line of Section 5, Township 116, Range 21, to the Northwest Corner of said Section 5, Township 116, Range 21; thence due North along the west line of said Section 5 extended North, to a point on U.S. Hwy. No. 169 which is 650 feet, more or less, East of the west Section Line of Section 32, Township 117, Range 21; thence Northeasterly along the centerline of U.S. Hwy. No. 169 to Hansen Road, the point of beginning." CONSTRUCTION OF 12" TRUNK WATERMAIN AND APPURTENANCES IN: I "Commencing at the intersection of U.S. Hwy.No. 169-212 and Hansen Road; th. i Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there were nd the Resolution was adopted. 4/28/58 BIDS AUTHORIZED FOR \WERNAIN IMPROVEMENT NO. 127. that there is some urgency in awarding bids for this improvement, because of the Cahill School's needing the service for the opening of school in September. recommended that bids be taken on May 26, and B'ank offered the following Resolution and moved its adoption: 123 Jdanager Hyde told the council He RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED I'JATERMAIN IMPROVB4ENT NO. 127, AND DIRECTIKG ADVERTISENENT FOR BIDS 3E IT RESOLVED by the Village council of the Village of Edina: 127 set forth in the following Advertisement for Bids form, heretofore prepared by Consulting Engineer, Banister Engineering Company, and now on file in the office of the Village Clerk are hereby approved. and the construction Bulletin, on May 1, 8 and 15, 1958, the following notice for bids for said improvement: 1. The plans and specifications for the proposed WATERMAIN IMPROVEMENT NO. * 2. The Clerk shall cause to be published in the Edina-Morningside Courier I ADVERTISEMENT FOR BIDS TRUNK WATERhUIN IMPROVFMENT KOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the village Manager in the Edina village Hall, 4801West 50th Street, at 11:OO A.M., Monday, May 26, 1958, and that the Edina Village Council will meet at 7:30 POL, on IJmday, May 26, 1958, at the Village Hall to consider said bids, being for the following: Grove street from Hansen Road to Tracy Avenue; thence South in Tracy Avenue to Whiting street; thence East in Whiting street to Valley View Road; thence South- westerly in Valley View Road to Antrim Road; thence south in Antrim Road to West 70th Street; thence East in West 70th Street to the East side of the Minneapolis, Northfield and Southern Railroad Right-of-\yay, to connect with existing 12" Trunk Main in West 70th street. Work must be done as described in plans and specifications on file and available in the offices of Banister Engineering Company, 1549 University Avenue, St.Pau1, Minnesota and/or the Edina Village Engineer, 4801 lV.50th Street, Edina, for a deposit of $25.00, which deposit will be refunded upon return of said plans and specifications. CONSTRUCTION OF 12" TRUNK WATERMAIN AND APPURTENANCES IN: No bids will be considered unless sealed and filed with the undersigned before 11:OO A.M., Monday, May 26, 1958, accompanied by cash deposit, bid bond or certified check payable to the Village clerk in the amount of at least ten percent of the amount of the bid. bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. The council reserves the right to reject any or all 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 is Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Bank, ckson, aye; Tupa, aye; and Bredesen, aye; and the Resolution was adopted. f-l Mayor ?illage clerk PUBLIC HEARINGS ON PROPOSED SANITARY SEVER AND VJATEWUIN IMPROVEMENTS: Affidavit of Publication of "Notice of Public Hearings", published in Edina-Morningside- Courier April 17 and 24, 1958, was submitted, approved as to form and ordered placed on file. Pursuant to said Notice, the following Public Hearings were held, and action was taken as hereinafter recorded: . WATERIMINS FOR LABUEHA VISTA, -THE HEIGHTS-CHAPEL HILLS AREA. the Council that, because original petitions were signed before Council had determined to assess on a "per connection" rather than a "per assessable foot" basis for underground utilities, the original Estimates of Cost had been made on a "per assessable foot" basis, being $7.28 per foot for the Sewer (Total, $131,799.20) and $6-58 per foot for the water (Total, $97,246.20). He stated that, because of contour platting, he feels there is real justification for an assessment on a "per connection" basis for this area; also, that bids this morning were considerably lower than Estimate, reducing the estimated per foot cost to $5.46 in both cases, or $595.34 per connection (lot) in the case of the sewer, and $556.52 for water; all for utilities to be constructed as stated in the Notice of Hearing. or to the suggested "per connection basis" assessment, at the Hearing; and none had been filed prior thereto. its adoption: 1. PUBLIC HEARIPJGS ON PROPOSED LATERAL SANITARY SEWERS ATdD LATERAL D Manager Hyde told . There were no objections to the proposed improvement, Tupa offered the following Resolution and moved 4/28/58 I RESOLUTION ORDERING IMPROVEAENT SANITARY SEWER IMPROVEMENT NO. XW I S AND WATERMAIN IMPROVEMENT NO. 128 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published on the following proposed improvements: IN THE FOLLOWING STREETS: West end of Brook Drive to serve Lot 19, Block 1, LaBuena Vista, 1 . CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENANCES Brook Drive from existing Trunk Manhole east of Limerick Lane to Limerick Lane from West 68th Street to west 70th street. Hillside Lane from West 68th Street to Limerick Lane, Galway Drive from Brook Drive to west 68th Street. IjIcGuire Road from Brook Drive to West 69th Street West 68th Street from Galway Drive to Antrim Road West 70th Street from Limerick Lane to Antrim Road Antrim Road from West 68th Street to West 70th Street Chapel Drive from Antrim Road to Chapel Lane Chapel Lane from Chapel Drive to Valley View Road Limerick Lane fromW.68th St. to W.7Oth st. Galway Dr, from ~~68th St, to Brook Drive Hillside Lane from ~~68th St. to Limerick Lane McGuire Rd. from Brook Drive to ~.69th st. Brook Drive from W.68th st. to approx. 150' south of West 68th st. from Limerick Lane to Antrim Rd. west 69th St. from McGuire Rd. to Antrim Rd. Chapel Drive from Antrim Road to Chapel Lane. Chapel Lane from Chapel Drive to Valley View Road. Easement line located approx. 150' soutli of North Line (to serve Lot 18, Block 1, LaBuena Vista) 2. CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS: North line of LaBuena vista Addition. of LaBuena Vista Addition from Brook Drive to Ridgeview Drive 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: NO. 3. ABOVE SANITARY SWER IMPROVEMENT NO. 140 NO. 2 ABOVE WATERMAIN IMPROVEMENT NO. 128 The area proposed to be assessed for the cost of said improvements includes all lots and tracts of land abutting the streets proposed to be improved by construction of said proposed improvements* Motion for adoption of the Resolution was seco there were four ayes and no nays, as fol aye; and Bredesen, aye; and the Resoluti ATTEST: Dickson, and on Rollcall ye; Dickson, aye; Tupa, 2. PUBLIC HEARINGS ON PROPOSED LATERAL SANITARY SEWER, TRUNK WATERMAIM AND SKYLINE DRIVE AREA. Manager Hyde told the Council that, once again, there is considerable justification for assessment on a "per connection" basis; that the Sewer Petition asked for this type of assessment, but that the earlier Watermain Petition did not, He explained that on the basis of bids taken this morning, the Engineer's Estimate can be reduced from $1,332.50 per connection (lot) to $1281.13; and that, again, bids taken this morning are some 4% below Estimate for Watermain Improvements--which were $155.69 per lot for the Trunk Watermain Improvement (all lots and tracts of land in the district set forth in the Notice of Hearing), and $656.11 per connection (la%) for all lots for which lateral .connections to the trunk main are proposed to be provided, and for all lots abutting the proposed lateral watermains. asked that sewer construction be terminated at the crown of Skyline Drive, Explanation was made by Engineer that construction can go beyond the crown without adding to the expense; and it was noted that petition calls for sewer to 5116. were there objections to the proposed watermain project; and the Clerk had received no written objections to either project prior to the Hearing. offered the following Resolution and moved its adoption: LATERAL CONNECTIONS THERETO, AND LATERAL WATERMAIN IMPROVEMENTS--1NTERACHEN BLVDe- Mrr M.N. Wayberg, 5109 Skyline Drive, No other objections to the sewer were registered at the Hearing; nor Bank 122 f 4/28/58 RESOLUTION ORDERING IfilPROVEMENTS I SANITARY SBJER IMPROVEMENT KO. 14ik; AND WATEFMAIN IMPROVENIENT NO. 129 BE IT RESOLVED by the council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published on the follov~ing proposed improvements: 1 . CONSTRUCTION OF VILLAGE LATERAL SANITARY SEWER AND APPURTENAECES I1y THE FOLLO\JIP;G STREETS: Interlachen Blvd. from existing manhole west of Skyline Drive Skyline Drive from Interlachen Blvd. to 5116 Skyline Drive. Blossom Court lest Road to Skyline Drive. 2. CONSTRUCTIOH OF VILLAGE TRUnX WATERMAIN AND APPURTENANCES , AMI LATERAL IATEWdAIN CONNECTIONS TO SAID TRUIK WATERMAIN in Interlachen Blvd. from Y?illiam Avenue to Cooper Avenue; and CONSTRUCTION OF VILLAGE LATERAL WATERMAIN AND APPURTENANCES IN THE FOLLOIVIKG STREETS : Cooper Avenue from Interlachen Blvd. to Orchard Lane Orchard Lane Skyline Drive 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: KO. 1 ABOVE SANITARY SEWER If@ROVEh~E~~ KO. 141 NO. 2 ABOVE YJATERI'JAIN IMPROVELENT NO- 129 and the areas to be specially assessed therefor shall be as follows: abutting the streets proposed to be improved by the construction of said improvement. and tracts of land within the boundaries hereinafter set forth: . corner of Lot 1, Brum's Subd.; tho Ely to NE corner thereof; th. Ely to iW corner of L6t 8, B1. 1, Hilldale; th. Ely, IJEly, and SEly along Nly lot lines to NE corner thereof; th. Ely to SE corner of Tract "C", B1. 1, Hilldale; th. Nly to N'd corner of Lot 2, B1. 1, Beverly Hills; th. Ely to NE corner of Lot 2, B1. 3, Beverly Hills; th. Sly to SV corner of Lot 2, B1. 5, Beverly Hills; the Ely to SE corner thereof; th. Sly along East line of said B1. 5 to centerline of Interlachen Blvd.; th. Wly along said centerline to centerline of William Ave.; th. Sly along said centerline to Ely extension of S. lot line of Lot 1, B1. 3, Brookside Hts.; th. VJly to Si'l corner of Lot 3, said B1. 3; th. North to NV corner thereof; th. Ny to NE corner of Lot 1, B1. 4, Brookside Heights; th. Sly to SE corner thereof; th. East 136.34 ft. to centerline of PJ-S alley in B1. 4; th. Sly on centerline of said alley and centerline of alley in Block 7, Brookside Hts. to centerline of YJ.52nd St.; th. l'lly on center- line of H.52nd St. and s. line of NE3/4 of SE1/4 of Sec.29,T.117,R.21, to SCV corner thereof; tho Nly along W. line of said NE1/4 of SE1/4 to centerline of Interlachen Blvd.; th. Ely along centerline of Interlachen Blvd. to Sly extension of vi. lot line of Lot 4, Brum's subdivision; th. Nly along 1. line to hW corner thereof; th. P&V corner of Lot 3, Brum's Subd.; th. Nly to beginning". main and €or construction of Lateral Watermains - All lots and tracts of land abutting the streets proposed to be improved by the construction of said lateral service connections and lateral watermains, FOR SATJITARY SPjJER IMPROVEMENT NO. 141 - All lots and tracts of land FOR \'ATEF&NIN 1LIPROVEnlEI;T NO. 129 : A. For the construction of Trunk Watermain and Appurtenances - All lots "Begin. at 1I - B. For the construction of lateral service connections to the Trunk IrJater- fbtion €or adoption of the Resolution was seconded by Tupa, and on Rollcall there Bredesen, aye; and the Resolution was adopted. were four ayes and no nays, as follows: ickson, aye; Tupa, aye; and 3- PUBLIC HEARIKGS OB! PROPOSED SANITARY LATERAL SEVJER AND LATERAL WATERMAIMS IN EAST SERVICE mTVF STATF HIGHI 'JAY !GO. 100 FR0I.i SOUTHVIEVJ LANE TO RORTH OF NIND Manager Hyde gave his revised Estimate of Cost, based on bids taken this morning, of $1,245.00 per Lot for Sewer; $1,360.00 per Lot for Watermain. objected to the watermain's running across his property; and the owners of properties proposed to be assessed objected to the cost. be abandoned was seconded by Tupa and carried. ROAD, AND IN SOUTHVIEY? LANE FROM SHERf"JOOD AVENUE TO S'EST SIDE OF STATE HIGHWAY #loo. hk. J.LeRoy Kelley the Bank's motion that projects 4. PUBLIC HEARIKG ON PROPOSED TRUNK AND LATERAL SANITARY SENER IMPROVEMENT IN . SOUTH BLAKE ROAD AREA. FAanager Hyde explained that this improvement has been engineered, in the interests of economy and good planning, because some of the areas have petitioned for sewer service. He gave as the Revised Estimate of Cost, based on bids taken today, $2.40 per Assessable Foot for the sub-trunk ($306.33 per Lot) and $490.76 for lateral connection to sub-trunk and lateral sewer. Proposed improvement was outlined in detail 4/28/58 'on Vu-Graph; construction of Sub-Trunk proposed for Highway No. 169-212 from Gleeson Road to Blake Road; Sub-Trunk and lateral connections thereto proposed for Blake Road from Highway No. 169-212 to 450 feet North of Pine Grove Road; Eden Prairie Road from Blake Road to Highway No. 169-212, and Parkwood Road from Blake Road to Schaefer Road; and Lateral Sewers proposed as set forth in Notice of Hearing. Dr. Ed. Evans objected to stopping construction at Lot 44, Auditor's Subdivision No. 325. He asked that it be extended to Lot 43. Mr. Zikan explained that the grade break comes at about this point; that from Lot 44 North, it is cheaper to drain North. single area in the district which needs sewer--that all the lots are big enough to take cesspools without any detriment to health. A delegation from Jeffrey Lane explained that houses in this area were constructed with "temporary cesspools" and that they now need sewer badly. Mr. Leonard Gebo, Westwood Court objected to both the sub-trunk sewer and the proposed Lateral for Westwood court. Later in the evening, he presented a petition signed by some 12 property owners, dn VJestwood Court, Schaefer Road and Blake Road, objecting to being included in either sub-trunk or lateral improvement. Mr. John Hartman, 5324 South Blake Road objected to the proposed Blake Road line; Mr. D.D. Ryerse, 6220 South Knoll Drive led a delegation objecting to sewer for either South Knoll or Knoll Drive; and Mr. Lewis Jones objected to the sub-trunk on Old Bden Prairie Roa .:or the reason that he owns frontage along the entire street and assessments f IP lateral assessments will work a hardship on him. to Kaymar Drive, where there may be some demand for sewer service. One gentleman on Parkwood Road objected quite vigorously to the sub-trunk's running in this street; then, later in the evening, Mr. Harold Larson explained that seven houses on this street do need sewer. Mr. D.P. Poboisk, 6025 Kaymar Drive, objected to Mr. Jones' suggestion for moving the sub-trunk in case this should prove to be more expensive. It soom became apparent that there could be no "meeting of the minds" on the matter of sub-trunks, and Manager Hyde suggested that a roll be taken of the persons present, to see what the prevailing opinion might be on laterals, so that Engineering Department might review proposed installation as to sub-trunks with view toward making any changes which might be practical. was taken as follows: He stated, however, that he believes that there is no . He suggested that the sub-$runk be moved Roll Laterals for: South Knoll Drive and Knoll Drive - Unanimously against. Highwood Drive - 2 votes for; none against. Kaymar Drive - 1 vote against; Swedlund 8, Hill, 12 lots for. Jeffrey Lane - votes for; none against. Leslee Drive - votes for; none against. Saxony Drive - votes for; none against. Idylwood Drive - votes for; none against. Pine Grove Road - Bloomberg in favor if this can be made a full road; Parkwood Road - 2 votes for; 2 votes against. Akers Lane - no vote cast. Schaefer Road - votes against; none for. Westwood Court - 1 vote for; votes against. Blake Road - votes against, from Hartmann property North. - none against . Bank's motion that Public Hearing be continued for two weeks €or further study as to possible re-alignment of sub-trunk, was seconded by Tupa and carried. ORDINANCE NO. 148 ADOPTED. of dangerous conditions and assessments €or costs of removal. to review proposed Ordinance No. 148, presented for consideration early in the year, as a remedy for such nuisances. offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as offered: Some discussion was had as to procedures fqr removal Council was asked After some review and discussion, Bank ORDINANCE NO. 148 AN ORDINANCE DEFINING DANGEROUS AND SUBSTANDARD BUILDINGS AND PROVIDING FOR THEIR VACATION, REAPIR, REMOVAL OR DEMOLITION THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Dangerous, Etc., Buildinqs a Nuisance. ,Any structure or building, or portion thereof, including any dwelling unit,-guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions listed in Section 2 hereof to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof is hereby declared to be a public nuisance. Section 2. Conditions Renderins Buildins Danqerous or Substandard. (a) Inadequate Sanitation. (1) Lack of, or improper water closet, lavatory, bath tub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel. 4/28/58 124 (3) Lack of, or improper kitchen s9fifC. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit . (6) Lack of adequate heating facilities. . (7) Lack, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by Ordinance No. 51. Room and space dimensions less than required by Ordinance No. 51. Lack of required electrical lighting. Dampness of habitable rooms. Infestation of insects, vermin or rodents. General dilapidation or improper maintenance. Lack of connection to required sewage disposal system. Lack of adequate garbage and rubbish storage and removal facilities. Structural Hazards. Any door, aisle, passageway, stairway or other means of egress not of sufficient width or size, or not so arranged as to provide safe and adequate means of egress in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of egress. (2) A stress in any material r~~~men~Ha~e~~~r~,$81.~~rt~?~~~~~eof, due to all dead and live loads, which is/$eemesrreasona e and a%fe . e Building Official . (3) Damage to any portion of a duilding by earthquake, wind, fire, flood, or by any other cause, in such a manner that the structural stability or strength thereof is appreciably less than tv minimum requirements set forth in existing ordinances for a new building or structure of similar size, construction, location, and purpose. (4) Likelihood of any portion or member or appurtenance of a building to fall, or become dislodged or detached, or to collapse, and thereby cause bodily injury or property damage. (5) Settling of any building or portion thereof to such an extent that walls or other structural portions have been displaced or distorted and rendered structurally unstable or dangerous, or that the basic function of such element has been impaired. (6) The building or structure, or any portion thereof, because of dilapi- dation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or structure or portion thereof, or other cause, is likely to partially or completely collapse, or some portion of the foundation or under- pinning is likely to fall or give way. (7) whatsoever manifestly unsaf,e for the purpose for which it is used or intended to be used. The building or structure, or any portion thereof, is for any reason (8) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity of that wall or structural member does not fall inside the middle third of the base. +- (9) The building or structure, exclusive of the foundation, shows 33 per cent or more of damage or deterioration to the member or members, or 50 per cent of damage or deterioration of a non-supporting enclosing or outside wall or covering. I 4/28/58 (10) The building or structure has been so damaged by fire, wind, earth- 125 quake, flood, or has become so dilapidated or deteriorated, from any cause whatsoever, as to become an atkractive nuisance to children who might play there- in to their danger, or as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts. ( (11) Any building or structure which has been constructed or now exists or is maintained in violation of any specific requirement or prohibition, appli- cable to such building or structure, of the building ordinances of the Village, or of any law or ordinance of this State or Village relating to the location, use, and physical condition of buildings or structures. (12) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, because of dilapidation, deterioration, damage, or other cause, is so weakened or defective as to have in any non- supporting part, member or 'portion, less than 50 per cent, or.in any supporting member less than 66 per cent, of the strength, fire-resisting qualities or characteristics or weather-resisting qualities or characteristics required by law or ordinance in the case of a newly constructed building or structure of similar size, purpose and location. (c) Nuisance. (d) Hazardous Wirinq. Any nuisance as defined in Ordinance No. 143 of the Village. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been main- tained in good condition and is being used in a safe manner. (e) Hazardous Plumbinq. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures. ( f ) Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (9) Faulty Weather Protection. (1) (2) Deteriorated, crumbling, or loose plaster. Deteriorated or ineffective waterproofing of- exterior walls, roof, foundations, or floors, including broken windows or doors. Y (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior walls or roof coverings. (h) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or his deputy, is in such a condition as is likely to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (i) Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by Ordinance No. 51 of the Village, and which have been adequa2ely maintained in good and safe condition. (j) Hazardous or Insanitary Premises. Those premises on which an accumu- lation of weeds, vegetation, junk, dead organic- matter,- debris, garbage, offal, rat harbor%ges, stagnant water, combustible m'aterials, and similar materials or condi$ions constitute undue fire, health, or safety hazaras. (k) Inadequate Fire Protection. All buildings or portions thereof which are not Provided with the fire-resistive construction required by Ordinance No. 51 except those buildings or portions thereof which conformed wiih all applicable laws at the time of their construction and whose fire-resistive integrity has been adequately maintained and improved. . (1) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or eating purposes which were not designed or intended to be used for such occupancies. 4/28/58 Section 3. Inspections. Whenever it shall come to the attention of the Building Official, by mitten complaint of any person or agency, that a building or structure is a dangerous or substandard building, the Building Official shall, in the course of his duties, cause a preliminary examination to be made of the building or structure and premises. crediion, the Building Official believes that the building or structure is a dangerous building or substandard building, he shall then cause to be made a detailed inspection of the building or structure. speckion he shall avail himself of the services of the Department of Health and the Fire Department insofar as the inspection concerns itself with these depart- ments. Upon the completion of the inspection, the Building Official shall make a mitten report, supplemented by vmitten reports from the other agencies called upon by him in the execution of the inspection. The Building Official shall then submit the reports, together with his recommendations, augmented by the . recommendations of the other agencies involved in the inspection, to the council. If, in his reasonable dis- In the execution of the in- I Section 4. Council to Call Hearinq. The Council shall examine the report of the Building Official, and if there is probable cause to believe that the building or structure is a dangerous building or substandard building, shall have the matter set for hearing and a notice of such hearing shall be given as hereinafter provided. Section 5. Notice of Hearinq. Notice of the hearing shall be given in a form prescribed by the Council. and legal description sufficient for identification of the premises upon which the building or structure is located. the conditions mentioned in the report of the Building Official which show probabla cause to believe that the building or structure is a nuisance within the meaning of this ordinance. It shall also state the date, hour and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the Council to show cause why the building or structure should not be ordered repaired, vacated and repaired, removed, or demolished . It shall set forth the street address It shall contain a brief statement of Section 6. Service of Notice. (a) One copy of the notice shall be served upon the person, if any, in real or apparent charge and control of the premises involved; the record owner; the holder of any mortgage, trust, deed, or'other lien or encumbrance of record; the owner or holder of any lease of record; and the record holder of any other estate or interest in or to the building or structure or land upon which it is located . (b) I One copy of the notice shall be posted in a conspicuous place upon the building or structure or premises involved. (c) The notice of hearing shall be posted and served at least 10 days prior (d) The notice of hearing shall be served upon all persons entitled there- to the date set for the hearing. to either personally or by registered mail. Service by registered mail shall be effective on the date of mailing if a copy of such notice is so mailed, postage prepaid, return receipt requested, to each such person at the address of such person as it appears on the last equalized assessment roll of the County or as known to the village clerk. to the village clerk, then a copy of the notice shall be addressed to such person at the address of the building or structure involved in the proceedings. The failure of any ovmer or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken hereunder. If no such address so appears or is known (e) The officer or employee upon serving the notice as provided kherein shall file an affidavit thereof with the Village Clerk certifying to the time and manner in which such notice was served. He shall also file therewith any receipt which may have been returned to him in acknowledgement of the receipt of such notice by registered mail. ,3ection 7. Hearinq. c (a) Having given notice of hearing, the Council shall, at such hearing, hear and consider any evidence offered by the person or persons having any estate or interest in such building or structure pertaining to the matter set forth in the report of the Building Official. I z(b) The Council, upon conclusion of the hearing, shall make mitten find- ings of fact as to whether or not the building or structure in question is a dangerous building or substandard building within the terms of this ordinance. _. Y 4/28/58 Section 8. Standards for Repair, Vacation and Repair, Removal or - Demolition. by ordering the repair, vacatioh and repair, removal or demolition of any building or structure. this ordinance, shall not indicate an alternative permission to repair, however, an order to repair may be satisfied by removal or demolition. The following standards shall be followed in substance and spirit Any order to remove or demolish, rendered pursuant to (a) If the dangerous building or substandard building can reasonably and economically be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired, (b) If the dangerous building or substandard building is in such condi- tion as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated. (c) In any case where a dangerous building is 50 per cent, or more, damaged or decayed, or deteriorated, it shall be ordered to be removed or demolished. (d) In all cases where a dangerous building or substandard building can- not be repaired, with a reasonable economy, so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered to be vacated and removed or demolished. (e) a fire hazard, existing or erected in violation of the terms of this ordinance or any other law or ordinance of this Village, or statute of the State of Minnesota, it shall be ordered to be removed or demolished. In all cases where a dangerous building or substandard building is (a) If, from a full and fair consideration of the evidence and testimony received at the hearing, the,Council shall determine that the building or structure involved is a dangerous building or substandard building within the terms of this ordinance, then it shall issue an order: . (1) That the building or structure must be repaired, vacated and repaired, removed or demolished. (2) That the occupant, lessee, or other person in possesion must vacate said building, or that he may remain in possession while repairs are being made . (3) That any mortgagee, beneficiary under deed of trust, or any other person having an interest or estate in said building may, at his own risk, repair, vacate and repair, remove or demolish said building or structure according to existing law and ordinance. (b) The order shall set forth the street address of the building or struc- ture and a legal description of the premises sufficient for identification. It shall contain a statement of the particulars which render the building or structure a dangerous building or substandard building and a statement of the things required to be done. The order shall state the time within which the work required must be commenced, such time being not earlier than 10 days and later than 30 days after the issuance of the order, and such order shall further specify a reasonable time within which the work shall be completed. The time for completion may, by action of the Council, be extended for just causes and such authority for extended time shall be given in writing by the council upon written application of any interested party or parties. Section 10. Order to be Served. Copies of the order to repair, vacate and reDair, remove or demolish shall be served to individuals and in the manner as prescribed above in Section 6. posted in a conspicuous place upon the building or structure as prescribed in said section. A copy of the order shall also be Section 11. Violation-and Penalties for Disreqardinq Order. The owner or other person having charge and control of the building I (a) or structure cited,in the order who shall fail to comply with any order to reapir, vacate and repair, remove or demolish said building or structure shall be guilty of a misdemeanor. order to vacate said building or structure in accordance with any order given% as provided for in this ordinance shall be guilty of a misdemeanor. (b) The occupant or lessee in possession who fails to comply with any . 4/28/58 (c) Any person who removes or defaces or destroys any notice or order f posted as required in this ordinance shall be guilty of a misdemeanor. Section 12, Accomplishment of Order by Villaqe. Without waiver of the right of the Village to prosecute parties failing to comply with an order as provided in Section 11 hereof, the Council may, at its next regularly scheduled meeting, consider the non-compliance of such parties in the light of its impact and effect on the welfare of the public and the Village, so, the Council may, if it so deems necessary in the interests of the Village, direct the Building Official to cause the order to repair, remove or demolish to be accomplished by contracting with any person, firm or association experienced in such matters €or the repair, removal or demolition of such building or structure; provided, however, that if the cost of such repairs, removal or demolition vrill be $1,000 or more, the contract for such work shall be made with the lowest responsible bidder after a notice calling for bids on such work has been pub- lished at least once in the official newspaper not less than 10 days prior to the last day for submission of bids on such work. certify the cost of such repairs, removal or demolition to the Council, which shall direct the Clerk to certify such amount to the County Auditor for collec- tion as a special assessment with the next taxes to be certified to the County Auditor. as the Council may direct, each installment to be payable with interest on that and all other unpaid installments, at such rate (not exceeding 6% per annum) as the Council may fix, as provided by h'linnesota Statutes, Section 429.061. Clerk shall forthwith serve notice that such amount is to be assessed to the persons and in the manner described in Section 6. Such notice shall state the amount to be assessed and (if payable in installments) the number of annual in- stallments, the rate of interest to be charged on unpaid installments, and a date not less than thirty days thereafter before which the assessment can be prepaid to the Village Treasurer without interest. Having done I The Building Official shall The assessment may be payable in such number of annual installments The Section 13, Separability of Provisions of this Ordinance, The Coun- cil hereby declares that it would have adopted each separate provision of this ordinance, regardless of the adoption of any other provision, and if any remedy provided for in this ordinance be held unavailable or limited in effect, such limitation shall not affect the application of any other provision of this ordinance. Section 14. This ordinance shall be in force and effect from the date of its passage and publication according to law. Motion for vlaiver of second reading and adoption of Ordinance as offered was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Bank, aye; Dickson, aye; Tupa, aye; and e; and the Ordinance was adopted , PUBLIC HEARING TO BE CALLED ON REMOVAL OF BUILDINGS ON LIcNELLIS "PUMPKIN FARMl". Some further discussion was had as to the dangerousfcohdition of the buildings on the IdcNellis "Pumpkin Farm", as reported by neighborhood residents on April 14, and as recorded by the Village Building Inspector in 1957; and Bank moved that Public Hearing be called on on the matter of removal of said buildings at the earliest possible time, under provisions $of Ordinance No. 148, and May 12 if possible. hlsPtion seconded by Tupa and carried. I , 4/28/5t3 MAYOR BREDESEN left the meeting at this time, and Mayor Pro Tem Bank presided for the balance of the meeting. 129 c I BIDS - ACTION ON: Bids taken today; and action was taken as hereinafter set forth: Manager Hyde presented Tabulation of Sanitary Sewer and Watermain 1. ON SANITARY SEWER IMPROVEMENT NO. 140 AND WATERMAIN IMPROVEMENT NO. 128- LaBuena Vista, The Heights, Chapel Hills area. Three bidders--Orfei P, Fdariani & Sons; Barbarossa-Nodland Company, and Swanson Excavating Company. Manager Hyde recommended award of contracts to low bidder, SWANSON EXCAVATING COMPANY, at $153,181.40, subject to approval of plans by State Board of Health and securing of necessary utilities easements. Dickson's motion for award of contract in accordance with Manager's recommendation was seconded by Tupa and carried. Interlachen Boulevard and Skyline Drive area. Fhre bidders--Orffi klpfp? fnc., Sons; Northern Contracting Company; Barbarossa-Nodland Company;/ad%wansoX Excavating Company. ORFEI & MARIAN1 & SONS, at $62,500.43, subject to State Board of Health approval and easements. Tupa's motion for award of contract in accordance with Manager's recommendation was seconded by Dickson and carried. & Sons; Northern Contracting company; Barbarossa-Nodland Company, of Hearing tonight, nothing could be done as to award, and this matter was delayed to Monday, May 12. HIGHWAY NO. 100 AND SOUTHVIEW LANE FROM SHERWOOD AVENUE TO WEST SIDE OF HIGHWAY NO. 100. Manager Hyde reported that Swanson Excavating Company is low on these two projects; that, because projects were rejected tonight contract cannot be awarded as bid. However, he stated, the "loopt' should be made in the watermain, across Southview Lane to the West side of Highway No. 100; and asked that award be made to low bidder on these projects, for the watermain "loop" only, at unit prices bid. Dickson's motion for award of contract in accordance with Manager's recommendations, was seconded by Tupa and carried. 5. Manager Hyde reported that the International Model 1-330, bid byeAstleford Equipment Coo, Inc., at $2,C60 meets specifications; that the Minneapolis-Moline Model 335 carries extra hydraulic equipment; the latter being bid at $2,778.00. Recommendation was for award to low bidder. Trustee Tupa suggested that inventory of equipment be furnished to the Council by next meeting, together with list of persons using said equipment; and moved that action on bids be delayed until next meeting, for further study. Motion seconded by Dickson and carried. Mr. Hyde reported receipt of only two bids; that of Downtown Chevrolet Company at Net $768.00 for 1958 Two-Door Chevrolet Police Car; and Hopkins Motor Sales Co., Net $850.00 for 1958 Four-Door Plymouth Stock Car. Discussion was had as to taking low bid VS. having damaged car repaired (estimate about $500) and it was agreed that since we canelot get a guarantee that the frame is not sprung it is to the best interests of the Village to accept the low bid. seconded by Dickson and carried. 7. TORPEDO SAND--6,300 Ton, more or less--Tabulation of bids showed three bidders, Glacier Sand and Gravel company being low at $.94 per ton delivered in Edina, $.54 at'plant, and $.39 in stockpile at plant. of contract to low bidder, and Dickson so moved. carried. 8. READY MIX BITUMINOUS MATERIALS--5,000 Tons, more or less--MC 4 S, 5, SC 485, AC 1. Manager Hyde's Tabulation of Bids showed receipt of six bids; the bids of Blacktop Service Company and J.V.Gleason Company being identical and low, at $5.40 per ton for MC4 and 5, and AC 1, and $5.30 per ton for SC 4 and 5, at plant. He recommended award of contract to Blacktop Service Company because of closeness of haul, Tupa so moved. Motion seconded by Dickson and carried. 2. ON SANITARY SEWER IMPROVEMENT NO. 141 AND WATERMAIN IMPROVEMENT NO. 129- Manager Hyde recommended award of contract to low bidder, 3. SANITARY SEVER FOR SOUTH BLAKE ROAD AREA. - Three bidders--Orfei & Mariana Because of outcome 4. SANITARY SEWER AND WATERMAIN IMPROVEMENTS FOR EAST SERUICE..DRIVE OF TRACTOR-MOWER (Bids taken April 14). 6. POLICE CAR (Replacement of Damaged 4-Door Plymouth). Tupa's motion for award to low bidder was Mr. Hyde recommended award Motion seconded by Tupa and 9. ROAD TAR--3,000 Gals., more or less--RT 4-7. Tabulation of bids showed only one bid, that of Republic Creosoting Company at $.19 per gallon loaded at 7 plant. seconded by Dickson and carried. more or less. low on MC 1-4 at $11185 per Gal. delivered; $.1145 loaded at plant; and also low on RC2,3, at $,1235 per gal. delivered; $.1195 loaded at plant. Recommendation was for award to low bildder, and Tupa so moved. four bidders, Oscar Roberts Company being low, with $1.75 loaded and stockpiled at plant. and carried. Tupa's motion that award be made to Republic Creosoting Company was 10. CUTBACK ASPHALTS--MC 1-4, 218,000 Gals, more or less; RC 2,3--10,000 Gals., Tabulation of bids showed three bidders, with Richards Oil Company ldotion seconded by Dickson and carried. 11. COARSE AGGREGATE--2,000 Tons, more or less--Tabulation of bids showed Tupa's motion for award to Oscar Roberts Company was seconded by Dickson 6 4/28/58 1 5J 012. hIISC?3,L@3EOUS VEHICLES--JOII,!T BID I'JITH VILLAGE OF BL@OMII<GTON. Tabula tion of bids taken today 8 types of cars and trucks, five of which vehicles are proposed to be purchased by Edina and the balance by Blobmington, showed the following on the vehicles proposed to be purchased by Edina: :: 3. 4. Manager 1958- 4-Door Police Car - Four bids; loa bidder, Woodhead co., Inc., Minneapolis on a Ford, at $1,877.00. Compaiiv; on a Chevrolet, at $1,882.32. 1958 l/=l-Ton Pickup Truck *Bid called for two trucks, one of which is to be purchased by Bloomington. Low bidder, Downtown Chevrolet Company, on 2 Chevrolet Pickups at $2,759.00; rdext Low Bidder, Grossman Chevrolet Company, $2,785.70. bidder being Grossman Chevrolet Company at $3,762.36; Next Low Bidder, Downtown Chevrolet Company, at $3,942.00. Next low bidder, GrdsSrnansChevroLief 1958 5000 Carryalls, both to be purchased by Edina. Four bids, low I 1958 21,000 GW Truck. Seven bidders, International Harvester Company being low bidder, at $4,098.86 on an International Truck; Next Low Bidder, Grossman Chevrolet Company, on a Chevrolet. Hyde recommended award to low bidders in all cases, and Dickson moved for Hotion seconded by Tupa and carried. award of contract to low bidders; the award on item No. 2 contingent upon Blooming- ton's action. LAKE CORNELIA COMJANY, represented by Messrs. Crabb and Braddock, presented construction plan and proposed layout, dated April 21, 1958, for the "First Stage" of its proposed Apartment Development. totalling 160 one and two-bedroom dwelling units; 160 garage stalls, 76 off-street parking spaces; and Abbott Avenue extended South to 66th Street. for the tract directly to the \Yest of the Katherine Pearce property, just North of 66th Street. It contains 11.67 acres. 48 are planned at 476 sq.ft.; 48 at 682 sq.ft., 16 at 699 sq.ft. and 48 at 896 sq. ft.--the first three standards being €or one-bedroom, and the last for two-bedroom apartments; and that buildings will be 22 stories. Mr. Hyde explained that on June 5, 1957, that Planning Commission had recommended favorably on multiple zoning; that on July 22, 1957, after a Public Hearing, the Council had granted special permit for multiple dwellings on this property "subject to submission of plan of construction to the Council". It was also reported that the present Village zoning Ordinance sets no minimum requirement for apartment units, but that the proposed ordinance sets 700 sq.ft. as minimum for one-bedroom units. Some discussion was had as to previous plans for playground area, and Dickson moved €or approval of the project subject to approval by Park Board. by Tupa and carried. Layout showed eight apartment buildings, This layout is It was noted that of the 160 units, Motion seconded OILING PETITIONS as hereinafter set forth were filed; and, by Motion Dickson, seconded by Tupa and carried, were accepted 1. Tifton Drive, Everett Place to Duggan Plaza 2. 3. Summit Avenue, Interlachen Blvd. to Hwy.#169 4. St.Johnson Avenue, W.6Oth St. to Valley View Road, as was Meadow Ridge, Duggan Plaza to Ridgeview Drive PETITION FOR BLACKTOPPIKG - Parnell Avenue, ~.62nd St. to Valley View Road, and W.62nd Street, Virginia Avenue To Ryan Avenue. EXCHANGE OF COLLATERAL-FIRST EDINA NATIONAL BANK. First Edina Bank's A ril 17th communication, requesting exchange 6f present Collateral--$200,000 2-1 P 4% U.S. Treasury Bonds due June 15, 1962/59, for $200,000 U.S. Treasury 3% Bonds due February 15, 1968. Dickson's motion for approval of Collateral Exchange was seconded by Tupa and carried. STATE APPROVES SPEED LIF.IITS INCREASE ON VALLEY VIFd ROAD BETWEEN W.66TH AND W.69TH STREETS. State Highway Department's approval of Village Request for increase in Speed Limits on Valley View Road between W.66th and W.69th Streets to 35 MPH vas accepted and ordered placed on file, by motion Tupa, seconded by Dickson and carried . BOND PRE-CAL.L, AND INVESTMENTS AUTHORIZED. Finance Director Dalen presented a report, showing comparative savings by Bond Pre-Call VS. Investment; and Tupa moved, authorizing Pre-Call of the following bonds: - 1951 Improvements 2nd Series, $50,000; 1951 Improvements Series 2-A, $5,000, both callable June 1, 1958; Joint Sewer Improvement Bonds of 1953, $45,000 callable July 1, 1958 and $45,000 callable July 1, 1959; 1951 First Series Improvement Fund, $11,000; 1952 First Series Improve- ment Fund, $50,000; 1953 First Series Improvement Fund, $50,000; 1955 Second Series Improvement Fund, $75,000; 1956 First Series Improvement Fund, $70,000; and 1956 Second Series Improvement Fund, $60,000; all callable September 1, 1958--and Investment of up to $170,000 of Sinking Fund Moneys of Improvement Funds, as set forth in report. Motion seconded by Dickson and carried. - 4/28/58 RE%RE&%..'OF PRESENT SPEED LIMIT ON HIGHWAY NO. 100, SOUTH TO 70TH STREET, TO BE %, 1 3 1 REQUESTED. Manager Hyde reported Trustee Kohler's request that speed limit on Highifay No. 100 be knp8xatxf~gx~~aga~~x~~~~~gx~~~ not inckeased to 60 MPH until we get South of W.7Oth Street, the Highway Department, making this request. of C oun c i 1 . He stated that with Council approval he would write to Approval given by common consensus SPECIAL ASSESSMENTS HEARINGS SCHEDULED. Assessment Rolls for several projects were presented, with the request that Public Hearings thereon be scheduled for an early date.- Dickson offered the following ReSOlUtiOn and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS--SANITARY SEWER IMPROVEMENTS NOS. 129* 130, 131, 132, 134, 135, 136 AND 137 BE IT RESOLVED by the Council of the Village of Edina as follows: 1. The Clerk and Engineer having calculated kthe proper amounts to be assessed for the improvements set forth in the Notice of Hearings set forth below, and the amounts proposed to be assessed against the respective lots, pieces and parcels of land within the districts affected by said improvements, and said proposed 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 hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the form of notice of hearings hereinafter contained, to pass upon said proposed assess- ments; and the clerk is hereby authorized and directed to publish notice of said hearings in the official newspaper in accordance with law, in substantially the Eollowing form: NOTICE OF HEARINGS ON PROPOSED ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS NOS. 129,130,131, 132, 134, 135, 136 AND 137 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Village Hall on Monday, June 2, 1958, at 7:30 P.M., to hear and pass upon all objections, if any, to the proposed assessments for the fb-llow- ing improvements, which assessments are nQw on file in the office of the Village Clerk and open to public inspection: 1. SANITARY SEWER IMPROVEMENT NO. 129 - In Tingdale Avenue from West 60th 2. SANITARY SEWER IMPROVEMENT NO, 130 - In Washington Avenue from Maloney Avenue to North Village limits. 3. SANITARY SEWER IMPROVEMENT NO. 131 - In Doncaster Way from Ayrshire Blvd., to North end of Doncaster Way. 4. SANITARY SEWER IMPROVEMENT NO. 132 - In Arthur Street from Maloney Avenue to 140 ft. North of Waterman Avenue. 5. Street to Benton Avenue. 6, SANITARY SEWER IMPROVEMENT NO, 135 - In Division Street from Rutledge Avenue to Vandervork Avenue. 7. SANITARY SEWER IMPROVEMENT NO. 136 - In Warren Avenue from West 63rd to West 64th Street. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES AS FOLLOWS: Street to Benton Avenue. SANITARY SEWER IMPROVEMENT NO. 134 - In Tingdale Avenue fromwest 60th 8. SANITARY SEWER IMPROVEMENT NO. 137 - In Interlachen Blvd. from Mirror Lakes Drive to 125 Ft. East of Cooper Avenue; In Cooper Avenue from Interlachen Blvd. to Orchard Lane; and In Orchard Lane. The area proposed to be assessed for the cost of said improvements includes all lots and tracts of land abutting the streets improved. Assessments will be payable in ten equal consecutive annual installments over a period of ten years, with the first year payable with taxes for the year 1958 collectible in 1959, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1959. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer before 12 o'clock noon on December 31, 1958, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. &DEN Village Clerk I Motion for adoption there were three Bank, aye; and May or Village Clerk . -p 4/28/58 d :% .&$ '3TH STREET FOOTBRICGE TO BE REBUILT. Manager Hyde presented a tabulation of answers'received to inquiry about useage of the 55th Street Footbridge, and its possible repair. 31 families would like it taken down, and If have no opinion. that the bridge be rebuilt, stating it will cost about $1,000. Tabulation showed that 43 families wish the bridge repaired, He recommended Authority for "-,rebuilding of bridge granted by common consent of Council. GAASEDELEN CLAIM FOR DAMAGES SETTLED. damages filed by Ab. F. lid. Gaasedelen, 99 Woodland Circle, in connection with the building of the France Avenue bridge and resultant destruction of view, can be settled out of court for $3,000. amount is fair. Dickson's motion for settlement of claim for amount of $3,000 was seconded by Tupa and carried. Manager Hyde reported that the claim for He recommended payment, stating he thinks the SALARY IICREASE GRANTED PROSECUTING ATTORNEYS. Hennessy's report showing amount of hours spent per month in Village work (being an average of 20 hours per month) and request for salary commensurate with work involved.After some discussion on the matter, Tupa moved for granting an increase in salary to the two Prosecuting Attorneys, Hennessy and Gustafson, to $200.00 per month beginning May 1. Manager Hyde presented I&. J.H. Motion seconded by Dickson and carried. CURB AND GUTTER AND BLACKTOPPING BIDS AUTHORIZED. projects which are ready for bids, and Dickson offered the following Resolution and moved its adoption: Manager Hyde presented several RESOLUTION A PPROV IKG PLANS AND SPEC I FICAT IONS FOR PROPOSED CURB AND GUTTER AND BLACKTOPPII\IG ILIPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Villaqe of Edina: 1. The plans and specifications for the proposed Curb and Gutter and Black- topping 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: The Clerk shall cause to be published twice in the Edina-Morningside ' ADVERTISEMENT FOR BIDS CURB AND GUTTER, AND BLACKTOPPING ROTICE IS HEREBY GIVEN that sealed bids will be received and opened in the office of the Village Manager in the Edina village Hall, 4801 West 50ih Street, at 11:OO A.M., Monday, May 12, 1958, and that the Edina Village Council will meet at 7:30 P.M., on Monday, May 12, 1958, to consider said bids, being for the following: I CONSTRUCTION OF COPICRETE CURB AND GUTTER IN THE FOLLOI'JING STREETS: 1. 2, 3. York Avenue from Isjest 60th Street to &L.o.!lYork Avenue. 4, Zenith Avenue from West 60th Street thru 6101 Zenith Avenue. Grandview Lane from Nest 52nd Street to yjest 53rd Street. Drew Avenue from 5900 Drew Avenue thru 5920 Drew Avenue and from 5901 Drew Avenue thru 5921 Drew Avenue. BITU~~IINOUS SURFACE TRWTf.lENT OF THE FOLLO!VING STREETS : 1. 2.. 3. Zenith Avenue from I'Jest 60th Street to 6101 Zenith Avenue. Grandview Lane from West 52nd Street to West 53rd Street. Drew Avenue from 5900 Drew Avenue thru 5920 Drew Avenue and from 5901 Drew Avenue thru 5921 Drew Avenue. I'lork must be done as described an plans and specifications on file in the office of the village clerk. Plans and specifications are available for a deposit of $5.00, which deposit vrill be refunded upon return of said plans and specifications. Wo bids will be considered unless sealed and filed with the undersigned before 11:OO A.M., Monday, Llay 12, 1958, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. BY ORDER OF THE VILLAGE COUi'CIL. GRETCHEN S. ALDEN . The Council reserves the right to reject any or all bids. Vi11 age Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvements. Motion for adoption of the Resolution was se Each and all of the terms of the foregoing advertisement for bids are I by Tupa, and on Rollcall there * CLAiMS PAID. dated April 28, 1958, was seconded by Dickson and carried: General Fund,$13,354.02; Construction Fund, $209,203.98; Park and Park Const. Fund, $148.32; Waterworks Fund, $897.06; Liquor Fund, $25,948.19; Sewer Rental Fund, $564.03; Improvement Funds, $59.11. MEETIKG ADJOURNED at 12:20 A.M. , Tuesd Dickson and carried. Tupa's motion for payment of the following Claims, as per Pre-List