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HomeMy WebLinkAbout19580922_19580929_regular_adjourned9/29/58 289 MINUTES OF THE ADJOURNED PORTION OF THE SEPTEMBER 22, 1958 REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, SEPTEMBER 29, 1958, AT 7:OO P.M., AT THE EDINA VILLAGE HALL -_ .. Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredesen. D PUBLIC HEARINGS ON PETITIONS FOR PERMITS TO PLAT, AND TO BUILD, IN NON-CONFORMANCE WITH VILLAGE ZONING ORDINANCE. were presented by Clerk, for "Notice of Public Hearings", reviewed and ordered placed on file. conducted, and action taken as hereinafter recorded: Willard's Subdivision, into four lots; 3 with 75-fOot frontages and 10,500 square feet, and 1 with 65-foot frontage and 10,500 square feet. Planning Director informed the Council that this is a re-plat of 40-fOot lots; that, because of a Sanitary Sewer Easement between Lots 29 and 30, this seems to be the best and most pract&cal way to plat; that the Planning Commission recommends approval as submitted. There were no objections registered from the floor, and none had been received prior to the Hearing. accordance with Commission's recommendations was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Bank, aye; Dickson, aye; Kohler, aye; and Tupa, aye; and Bredesen, aye; and the motion was unanimously carried. Affidavit of Publication and Affidavit of Posting Pursuant to this notice, the following public hearings were 1. PETITION OF MR. DALE JOHNSON for permit to plat Lots 24-30, incl., I Dickson's motion that plat be approved in 2, PETITION OF MR. KARL KRAHL for permit to plat tract just North of proposed Crosstown Highway, between Xerxes and Zenith Avenues, into two lots of 74'x135' and two lots of 76'x135'. Planning Commission has approved this plat; that it will be immediately North of the North Service Road for the proposed Crosstown Highway. Mr. Normand Rafshol, 6116 Abbott Avenue, led a delegatiun in opposition to the plat; but, after the discussion recorded immediately hereafter, admitted they had no objection to the plat itsedf. Tupa moved that plat be approved, motion was seconded by Bank; and on Rollcall there were five ayes and no nays, as follows: Bank, aye; Dickson, aye; Kohler, aye; and Tupa, aye; and Bredesen, aye; and the motion was unanimously carried. KARL KRAHL COMMERCIAL OPERATION FROTESTED. Delegation from Abbott and Zenith Avenues, led by Mr. Normand Rafshol, 6116 Abbott, and Mr. L.L. Corlette, 6116 Zenith Avenue, objected to Mr. Krahl's operating a commercial enterprise at 62nd Street and Xerxes Avenue, in the Open Development District. explained that Mr, Krahl was operating at this location before the Zoning Ordinance was adopted and is, therefore, in non-conforming use of the property. Mr. Rafshol reported that Mr, -ah1 is running tandem trucks, with 42,000# capacity down Bbbott Avenue at considerable speed; that trucks, cats and other heavy road machines are left out in the open and are repaired at Mr. Krahl's premises. He reported that the Abbott Avenue residents are fearful for the ' safety of their children and want the street posted. that commercial operations begin as early as 6:OO A.M., with much noise and confusion, Avenue only twice this summer, and with Village permission, at the times he has been hauling materials for the village under contract. It was also stated that the proposed highway will end Mr. Krahl's operation. Mr, Rafshol insisted that Mr, Krahl be prohibited from routing his trucks down Abbott Avenue; and Attorney Hasselquist was asked as to whether the Council can legally post this non- blacktopped street. He was unable to give an immediate opinion, and stated he would investigate and report back to Manager. check would be made as to need for, and advisability of, posting Abbott Avenue against heavy axle loads. Planning Director Swanson reported that the No written objections were filed. Manager Hyde Mr. Corlette complained Mr. Krahl told the Council that trucks have been routed along Abbott Delegation was informed that - 3. PETITION OF MR. L.C, PARNELL, 314 John Street, for permit to construct It was noted, here, Bank moved an unattached garage within two feet of his property line. that Notice of Public Hearing was incorrect; and that, also, Planning Commission had recommended approval of a garage "within 3 feet from lot line". that Hearing be postponed un&il such time as propercpotice can be mailed. Nbtion seconded by Tupa, Further discussion had as to the necessity for location of the garage within two feet from lot line--which is definitely in non-conformance with the Zoning Ordinance. Kohler moved that petition be denied, With the consent of Tupa, Bank withdrew his motion; and Motion seconded by Dickson and carried. PUBLIC HEARINGS ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS. Clerk presented Affidavits of Publication of "Notices of Assessment Hearings" published in Edina-Morningside Courier September 11 and 18, 1958. Affidavits were reviewed, approved as to form and ordered placed on file. Mayox Bjfedesen announced that, because of contingencies which had arisen since original computation of assessments, Hearings will not be held this evening on proposed assessments for Curb and Gutter Improvement No. B-54, and Blacktopping Improvements Nos. A-115 and A-118. the following Public Hearings were conducted, and action was taken as hereinafter recorded: Then, pursuant to Notices, 9/29/58 1, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVEMENT 149 - In Zenith Avenue from W.60th Street to 50 Feet North of W.59th Street. NO. Tabulation of Assessment rvas read at Total of $9,642.50, assessable against 19 Lots, for $507.50 per Lot, as compared with Improvement Hearing Estimate of $642.98. There were no objections to the assessment from the floor, and no written objections had been filed with Clerk prior to the Hearing. motion that assessment be approved was seconded by Tupa and unanimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment), Dickson's 2, PUBLIC HEARING ON PROPOSED~ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 131 - In Zenith Avenue from V.59th Street to W.6Oth Street. Tabulation of Assessment rvas read at Total of $?.l,O70.99, to be assessed against 17 Lots, for $239.47 per Lot. foot" basis, at $5.40; that the cost proposed to be assessed is equal to $4.27 per front foot. had been received prior to the Hearing. was seconded by Kohler and unamimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment) . PUBLIC HEARIhG 'ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT NO, A-108 - In Zenith Avenue from W.60th Street to 6101 Zenith Avenue, Tabulation of Assessment was ,read at Total of $3,035.64, proposed to be assessed against 1,234 assessable feet, for $2.46 per Assessable Foot, as compared with Estimate of $2.54. There were no objections registered at the Hearing, and no written objections had been received prior thereto. tms seconded by Dickson and unanimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment) Manager Hyde explained that Estimate of Cost had been given on a "per front There were no objections from the floor, and no written objections Dickson's motion approving assessment 3. Kohler's motion approving assessment 4, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEVJER IMPROVEMENT NO. 142 - DISTRICT SEWER, AND LATERAL CONNECTIONS THERETO; The District Sewer being in Highway No. 169-212 from Gleason Road to Blake Road; in Blake Road from-Highwa; No: 169-212 to 450 Ft. North of Pine Grove Road; in Eden Prairie Road from Blake Road to Highvrood Drive; and in Parkrrood Road from Blake Road to Schaefer Road, and proposed to be assessed over a large benefited district as set forth in the Notice of Hearing-with Lateral Service Connections from said District Sewer on all the above named streets except Highway No. 169-212, from Gleason Road to Blake Road, said Lateral Service Connections to be assessed against properties abutting the streets in which they were constructed. Tabulation of Assessment was read at Total of $111,503.79; with Assessment proposed to be made at the rate of $248.53 per Lot for all lots and tracts of land within the benefited district, for the District setverw(332 Lots); plus $591.67 per lot for those 49 lots benefited by construction of lateral service connections from said district sewer. This, compared with Estimates given at Improvement Hearing, of $280.00 and $588.00 respectively. Hearing, and no written objections had been received prior thereto. motion approving assessment was seconded by Kohler and unanimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment). NO. 143 - Lateral Sanitary Sewer in Schaefer Road from Parkvrood Road to Westwood. Court; South end of Tiestwood Court; Idylvrood Drive from Blake Road to Schaefer Road; Highwood Drive from Highway No. 169 to west Highwood Drive; West Highwood Drive from Highwood Drive to Saxony Road; Pine Grove Road from Blake Road to Highwood Drive; and WJ. Highwood Drive in Idylwood Third Addn. ; Idylwood Drive from Blake Road to \!{est Highvrood Drive; Jeffrey Lane from Blake Road to Kaymar Drive; Kaymar D%.ve from Blake Road to Eden Prairie Road; Leslee Drive from Jeffrey Lane to Turn Around; Saxony Road from Blake Road to West Highvrood Dcive. Tabulation of Assessment was read at Total of $85,272.48, proposed to be assessed against 144 Lots, for $591,67 per Lot, as compared with Improvement Hearing Estimate of $588.00, Manager reported receipt of one written objection--that of Mr. Howard Go Boyer, 6309 Westwood Court, one of the original petitioners against the improvement. He asked that review be made of his proposed assessment, on the grounds that he does not need the sewer, having his own sewage system. in order to serve the lots across the street from Mr. Boyer's property the sewer had to be constructed in the street abutting his home, there were no grounds for cancellation or reduction of assessment proposed to be levied against this lot. Tupa's motion approving assessment was seconded by Bank and unanimously carried, (See Resolution of later in meeting, Adopting and Confirming Assessment) - A-107 - In Grandvierv Lane from W.52nd Street to W.63rd St. ment was read at Total of $2,514.24,' proposed to be assessed against 1,296 Assess- able Feet, for $1.94 per Assessable Foot, as compared with Improvement Hearing Estimate of $2.90. There were no objections regiskered at the Hearing, and no written objections had been received prior thereto. assessment was seconded by Tupa and unanimously carried. later in meeting, Adopting and Confirming Assessment) I There were no objections registered at the Dickson's 5. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVEMENT No objections were registered at the Hearing. It was pointed out that It was determined that 60 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT NO. Tabulation of Assess- Bank's motion approving (See Resolution of .- .7. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT NO. A-109 - In Drew Avenue from 5900 and 5901 Drew Avenue through 5920 and 5921 Drew Avenue. Tabulation of Assessment was read at a Total of $1,674.09, groDosed ' -1 . to be assessed against 801 front feet, for $2.09 per Assessable Foot as compared with Improvement Hearing Estimate of $2.22. There were no objections registered at the Hearing, and no written objections had been received prior thereto. motion approving assessment was seconded by Tupa and unanimously carried. Resolution of later in meeting, Adopting and Confirming Assessment). NO. A-110 - In Ayrshire Blvd. from Doncaster Way to west line of Edina Highlands (existing blacktop). proposed to be assessed against 442 assessable feet, for $2.91 per Assessable Foot, as compared with Improvement Hearing Estimate of $4.65. objections registered at the Hearing, and no written objections had been received prior thereto. unanimously carried. Assessment) . NO. A-111 - In Mendelssohn Lane. Tabulation of Assessment was read at Total of $4,098.84, proposed to be assessed against 1,722.2 Assessable Feet, for $2.38 per Assessable Foot, as compared with Improvement Hearing Estimate of $3.14. There were no objections registered from the floor. objection of Mr. William A. Fleet, 6420 Mendelssohn Lane, stating that water does not drain properly and forms a large puddle in front of his home; and that contractor did not roll his driveway when replacing it. Mr. Hyde explained that the contractor did not charge for repair of this driveway, and that, therefore, the Village has no responsibility to see that it is rolled (it is not customary for repair of driveways to be included in street improvement projects); and that it is the plan for the ttpuddletl matter to be repaired insofar as possible. motion that assessment be approved was seconded by Dickson and unanimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment). f Bank's (See 8. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT Tabulation of Assessment was read at Total of $1,286.22, There were no Dickson's motion approving assessment was seconded by Kohler and (See Resolution of later in meeting, Adopting and Confirming 9. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT Manager Hyde reported the written Tupa's 10. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT NO. A-113 - In Andover Road and Belvidere Lane, from West Shore Drive to Wooddale Avenue. Tabulation of Assessment was read at Total of $5,483.84, proposed to be -- assessed against 2,755.7 Assessable Feet, for $1.99 per Assessable Foot, as compared with Improvement Hearing Estimate of $2.43. registered from the floor, and no written objections had been received prior to the Hearing. unanimously carried. Assessment) . NO. A-117 - In Josephine Avenue from Benton Avenue to West 60th Street. Tabulation of Assessment was read at Total of $1,836.70, proposed to be assessed against 891.6 Assessable Feet, for $2.06 per Assessable Foot, as compared with Improvement Hearing Estimate of $3.00. There were no objections registered at the Hearing, and no written objections had been received prior thereto. motion approving assessment was seconded by Bank, and unanimously carried. Resolution of later in meeting, Adopting and Confirming Assessment). NO. B-52 - In York Avenue, 6000 Block. Total of $2,981.46, proposed to be assessed against 1,258 Assessable Feet, for $2.37 per Assessable Foot, as compared with Improvement Hearing Estimate of $3.17. There were no objections filed at the Hearing, and no written objeckions had been received prior thereto. Kohler and unanimously carried. (See Resolution of later in meetiRg, Adopting and Confirming Assessment ) . 13. NO. B-53 - Tabulation of Assessment was read at Total of $3,240.00, proposed to be assessed against 1,200 front feet, for $2.70 per front foot, as compared with Improvement Hearing Estimate of $2.93. No objections were registered from the floor, and no written objections had been filed prior to the Hearing. was seconded by Tupa and unanimously carried. Adopting and Confirming Assessment). Gravelling of Alley between York and Xerxes Avenues and between W.56th and W.57th Streets. assessed against 861 Assessable Feet, for $.go per Assessable Foot, as compared with Improvement Hearing Estimate of $,68. Mr. Henry Bachman, 3121 W.56th Street, led a delegation protesting the assessment. dirt was excavated from the alley and placed in W.57th Street; that the alley is 3" to 6" too high behind the Reed residence at 5608 Xerxes Avenue; that the dry sump constructed as part of this project has been graded over and sealed by either the Village or a private contractor; that the cost of rock, as paid to the construction contractor, is much too high. stated that the surveying crew, staking the alley today, had tacitly admitted to him that there had been an error. There were no objections Bank's motion approving assessment was seconded by Dickson and (See Resolution of later in meeting, Adopting and Confirming 11. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR BLACKTOPPING IMPROVEMENT Kohler's (See 12. PUBLIC HEARING ON 'PROPOSED ASSESSMENT ' FOR CURB AND GUTTER IMPROVEMENT Tabulation of Assessment was read at Tupa's motion approving assessment was seconded by PUBLIC HEARING ON PROPOSED ASSESSMENT FOR CURB AND GUTTER IMPROVEMENT In Warren Avenue from W.64th Street to W.65th Street. Bank's motion approving assessment (See Resolution of later in meeting, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT NO. C-59-Grading and 14. Tabulation of Assessment was read at Total of $774.90, proposed to be Mr. Bachman charged.that 127 feet of Mr. c.H. Rennie, 5613 York Ave., Manager Hyde reported that alley had been staked Pursuant to Reed's complaint; that, since the alley wascoriginally 0 992 9/29/58 '- graded, some four years ago, some additional material has undoubtedly accumulated in it; and that the alley grade will be corrected insofar as it is possible to do so without raising cost of assessment. Mr. Roy L. Lantz, 5604 Xerxes, complained of the excessive cost of the rock ($6.00 per square yard) claiming that several other contractors would have furnished this material at a much cheaper price. It was pointed out that these projects are let out on bids; and that, had any other contractor wanted the work he was at liberty to present a bid for the project. A question was raised as to the cutting of the South end of the alley, and IJr. zikan reported that Engineer Mitchell had desired to keey! as much water as possible away from the dry sump and had ordered the cut for this reason; that gradually the sump will tend to fill in. Complaint was registered that the Village crews keep grading over this sump, thus sealing it off, and Mr. Hyde replied that he knows of no remedy for this-that snow plow crews change, and that, to warn crews of this condition it would be necessary to install a sign in the alley. Mr. Lantz, stating he feels that proper construction would have been a storm drain through his property and that of his neighbor, and that these two property owners had been willing to give easements for the drain, objected to the "dry sump" type of construction. Review was made of the improvement hearings, when the Village Engineering Department had advocated just the type of construction Mr. Lantz desires, and the Council was informed that the majority of the property owners abutting the alley want the dry sump and are willing to pay for it. Bank's motion, that assessment be approved, was seconded by Kohler and unanimously carried. (See Resolution of later in meeting, Adopting and Confirming Assessment). FOR WATERMAIN IMPROVEMENT NO. 126. Mr. E. C. Stow's request for the following adjustments in the proposed assessment vias acted upon as follows: I' CONTINUATION 0F"SEPTEMBER 15 AND 22 PUBLIC HEARINGS ON PROPOSED ASSESSNIENT 1. Lot 1, Block 1 - to be assessed for 160 feet on Sandell Avenue; and Manager Hyde It was noted that Tract A, to be assessed for 150 feet on Sandell Avenue. recommended that this request be honored; and the Council determined that assessment roll be amended in accordance with request. the 472-foot measurement is the back line of the property; that assess- ment on this basis means a deviation from accepted basis of assessment, and would add 116.9 feet for the assessment roll (this lot originally assessed for 355.1 feet). Manager Hyde recommended that this request be honored, inasmuch as petitioner is ovmer of property; and the ,Council determined that assessment roll be amended in accordance with request. from 125 feet each to 100 feet each. request be honored; and Council determined that assessment roll be amended in accordance with request. Manager Hyde reported that no connections have been given to this lot; that contractor Phelps-Drake,who is now working in this area, will install connections at $130 each. installed and $390 be added to the assessment roll. Petitioner Stow stated, however, that he does not want the str4et excavated at this time, and that he is willing that the cost of connections be assumed by the property ovmer at such time as these connections are needed"for apartments. Council then determined that assessment roll be amended in accordance with request, with the specific understanding that the ovmer of Lot 1, Block 9 assume the cost of the lateral watermain connections. Manager Hyde then reported that the proposed amended assessment will bz $4.99 per front foot. objections had been filed, other than Mr. Stow's. Bank offered the following Resolution and moved its adoption: 2. Lot 1, Block 2 - to be assessed for 472 front feet. I 3. Lots 1, Block 5, and Lot 6, Block 4, be reduced in Assessable Footage Manager Hyde recommended that this 4. Lot 1, Block 9 - to be assessed for 374 front feet. In this instance He recommended that connections be Fdr. Stow made no other objection or exception, and no written RESOLUTION AWPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS NOS. 142, 143 BLACKTOPPING IMPROVEMENTS NOS. A-107, A-108, A-109, A-110, A-111, A-113 AND A-117; CURB AND GUTTER IMPROVEMENTS NOS. B-52 AND B-53; AND GRADING IMPROVE3ENT NO. C-59 AND 149; WATERMAIN IMPROVEMENT NO. 131; AND MENDING, AIX)PTING AND CONFIRMING ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 226. BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as f 011 OWS : I 9/29/58 393 l. 1. It is hereby found, determined and declared that the proposed assess- . ments for SANITARY SEWER IMPROVEMENTS NOS. 142, 143 AND 149; WATERMAIN IMPROVEMENT NO. 131; BLACKTOPPING IMPROVEMENTS NOS. A-107, A-108, A-109, A-110, A-111, A-113 MENT NO. C-59, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvements for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessment against each lot, tract oe parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof, It is hereby found, determined and declared that the proposed assessment for WATERMAIN IMPROVEMENT NO. 126 has been calculated in accordance with the pro- visions of Minnesota Statutes, Sections 429.051 and 429.061; that notice has been duly published as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessment as might be necessary, and to adopt the same by resolution; that said proposed assessmentibas at a11 times since its filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the assessment, together with Lot 1, Block 9, Stow's Edgemoor Addition, not heretofore included in said assess- ment but herewith ordered to be included in said assessment, was and is specially benefited by the construction of the improvement for which such assessment is levied, but not in the amount set opposite the description of each such lot, piece and parcel of land, respectively. amount of the assessment per front foot from $5.49 per front foot to $&99 per front foot for all lots and tracts of land heretofore included in said assessment, and by amending the assessable front footage of the following lots and tracts of land as hereinafter set forth: / AND A-117; CURB AND GUTTER IMPROVEMENTS NOS. B-52 AND B-53; AND GRADING IMPROVE- ,) ** 2. The amounts so set out are hereby levied against the respective lots, 3. 4. The amounts so set out are hereby amended and adjusted by changing the For Lot 1, Block 2, Stow's Edgemoor - From 355.1 assessable feet, to 472 assessable feet. For Lot 1, Block 5, Stow's Edgemoor - From 125 assessable feet, to 100 assessable feet, For Lot 6, Block 4, Stow's Edgemoor - From 125 assessable feet, to 100 assessable, feet. For Lot 1, Block 9, Stow's Edgemoor - From -0- assessable feet, to 374 ass.essab1e feet. 5. The adjustment and amendmant adding Lot 1, Block 9, Stow's Edgemoor to the reemen assessment roll for WATERMAIN IMPROVEMENT NO. 126 is made with the knowledgefiptfia property owner that the property owner will assume cost of service connections at time such connections are constructed. are hereby levied against the respective lots, pieces and parcels of land described in said amended assessment are hereby adopted and confirmed as the proper special assessments for said improvement, parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general' taxes upon the property described therein and all thereof. NOS. 142, 143 AND 149; AND FOR'WATERMAIN IMPROVU\kENT'.NO. 131 '. sahl.1 be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the year 1958, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1959 through 1967, collectible in the respective ensuing years. shall be payble in equal annual installments extending over a period of three years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the year 1958, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1959 and 1960, collectible in the respective ensuing years. 6, The amounts so set for WATERMAIN IMPROVEMENT NO. 126, as herein adjusted, The assessment against each lot, tract or 7. The total amount of each assessment for SANITARY SEWER IMPROVEMENTS 8. The total amunt of each assessment for WATERMAIN IMPROVEMENT NO, 126 294 9/29/59 9. The total amnunt of each such assessment for BLACKTOPPING IMPROVRvlENTS NOS. A-107, A-108, A-109, A-110, A-111, A-113 AND A-117, and for CURB AND GUTTER IMPROVEhENTS NOS. B-52 AND B-53 shall be payable in equal annual installments extending over a period of five years, the first of said installments, together I with interest on the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the year 1958, and one of the remaining installments, with one year's interest on that and all subsequent installments to be payable with general taxes for the years 1959 to 1962 inclusive, collectible in the respective ensuing years. shall be payable in equal annual installments extending over a period of three years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the year 1958, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1959 and 1960, collectible in the respective ensuing years. of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall prom ptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor, a certified duplicate of said assessment, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessment to be collected in the manner provided by law. Said duplicate shall be designated as the ASSESSMENT ROLL FOR SANITARY SEWER IMPROVEMENTS NOS. 142, 143 AND 149; B-52 AND B-53; AND GRADING IMPROVB,ENT NO. C-59, and a11 amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Funds as follows: FROM GRADING IMPROVEMENT NO. C-59 - To the Sinking Fund of 1954 Improvements Second Series Fund. FROM BLACKTOPPING I?.PROW.ENTS NOS. A-110, A-111, A-113 and A-117 - To the Permanent Improvement Revolving Fund. FROM SANITARY SEWER IMPROVEMENTS NOS. 142, 143 and 149, WAT!3MAIN IMPROVE- MENTS NOS. 126 and 131, BLACKTOPPING IMPROVEMENTS NOS. A-108, A-107, and A-109, and CURB AND GUTTER IMPROVEMENTS NOS. B-52 and B-53 - To the Improvement Bond Redemption Fund. 10. The total amount of each assessment for GRADING IMPROVETENT NO. C-59 11. Prior to certification of the assessment to the County Auditor, the owner 12. WATERMAIN IhflPROVEMENTS KOSO 126 AND 131 ; BLACKTOPPING IMPROVEMENTS NOS. A-107, A-108, A-109, A-&10, A-111, A-113 AND A-117; CURB AND GUTTER IMPROVERENTS NOS. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and the Village Clerk "NORTHERN CREDIT PLAN OF EDINA, INC." GRANTED PERMIT TO LOCATE IN hQDICAL CENTER. Attorney Philip Neville, representing "Northern Credit Plan of Edina, Inc.", requested permit for the firm to locate on ground floor in Southdale Medical Center. Mr. Neville told Council that Northern Credit Plan is in no sense a "small loan company", and that it is a thoroughly reputable, honorable company engaged in lawful business; that firm has a lease for the Medical Center location, conditioned on Council's favorable action for permit. Corp., a former applicant for this location, has now located at 6532 Penn Ave. So., has been granted a license for this Penn Ave. location by the Banking Commission, and is no longer an applicant for the Southdale location. In his presentation, Mr. Neville reported that other "commercial" enterprises plan to locate in the building; namely, a shoe shop, a card shop, and a restaurant; and that obviously the ground floor of the building has been planned for such commercial ventures. that, if the firm is granted this permit, it will have no neon or Mher advertising signs--just the name on the window. evening if possible, in order that a location for Credit Plan's operations might be presented to the Banking Commission at the hearing before it next Monday. Council that the Medical Arts Building in Minneapolis, and a medical building in St. Paul both house finance companies; that, although he does not have statistics with him, it has been judged that between 25% and 30% of the Credit Plan's business is for payment of medical expenses. Attorney Hasselquist was asked his opinion as to the legality of allowing this type of business to locate in the Medical Center, and stated that this is an administrative decision. upon inquiry by Community Credit Corp. earlier this year, he had informed this petitioner that he believed this useage was not "generally related I* to the prescribed for the Medical center; that he is not yet sure that it is related in the Sense of the ordinance. had been complaints from the other tenhnts in the Medical Center on this application He informed Council that Community Credit I He stated Mr. Neville asked that Council take action this He told Manager Hyde explained that, Mr. Crabb, representing the lessor, was asked if there 9/25/58 .qj$ , #'A i _. and replied in the negative. Trustee Bank, reminding the Council that a previous* request by Community Credit Corp. for this same location, just six months ago, had not received affirmative action by the council for the reason that it had not been determined that this useage is proper.for the building, moved that this present request be tabled and that the first petitioner be advised of it, so that both petitioners might be given an opportunity to state their respective cases. He stated he feels this is the only fair thing to do. the importance to Northern Credit Plan of immediate action by the Council, explained that inasmuch as Community Credit Corp. has now been granted a license for operation at 6532 Penn Ave. South, and is already located there, that company can no longer be an applicant for the Southdale location. Dickson then moved that Council approve request of Northern Credit Plan,Inc., for permit to locate on ground floor of Southdale Medical Center. Motion seconded by Tupa and carried, with Bank voting nay. Manager reported receipt of Plan for "A System of Parks for Hennepin County", submitted by Mr. Lawrence F. Haeg, Chairman of the Hennepin County Park Cbmmission, together with its accompanying report; and Mr. Haeg's notification of a meeting on the plan, to be held on Thursday, October 2, at 8:OO P.M., at Prudential Insurance Company Auditorium, to discuss plan and report. It was arranged that Trustee Tupa and Engineer Zikan attend the meeting. Attorney Neville, stressing Bank's motion lost for want of a second. HENNEPIN COUNTY PARK RESERVE DISTRICT PLAN SUBMITTED: MEETING ANNOUNCED. AWARD OF BIDS TAKEN TODAY. Tabulation of Bids taken today on Remittance Control Machine, Station Wagon, and Passenger Car, was presented, and Council action was taken as hereinafter recorded. Co., for a Class 41-7*-18-8-0 (A) TT ORCL SEV Machine, at $2,875.00. recommended award of contract to National Cash Register Company, and Kohler so moved. wood Series V8, at $2,933.50, less Allowance on 1957 Ford Wagon, for Net Bid of $1,069.00; and Hartzell Motor Company on a 2-Door Custom Plymouth Suburban at $3,344.00, Less Trade-in, $2,025.00 and Less Federal Tax, $219.00, for Net Bid of $1,100.00. Chevrolet Company, at $1,069.00, and Kohler so moved. and carried. 3. 185 HP V8, at $2,479.00, Less Allowance on 1956 Ford, $1,287.00, for $1,192.00. Manager recommended award to Downtown Chevrolet Company, and Kohler so moved. 1. REMITTANCE CONTROL MACHINE. - One bidder only - National Cash Register Manager Hyde Motion seconded by Tupa and carried. 2, STATION WAGON: - Two bids - Downtown Chevrolet Company on a 4-Door Brook- Manager Hyde recommended award of contract to low bidder, Downtown Motion seconded by Tupa PASSENGER CAR: - One bid - Downtown Chevrolet Company on a 2-Door Delray Motion seconded by Tupa and carried. VACATION OF PORTION OF SANITARY SEWER EASEMENT AUTHORIZED-COLONIAL GROVE 3RD AND 5TH ADDITIONS. Village Attorney Hasselquist reported on Mr. Herbert N.Bloomberg's request for Vacation of 40 feet of a 60-foot easement granted2several years ago by Mr. Bloomberg on the premise that W.56th Street (through present Colonial Grove Additions) would be platted as a straight easterly extension of the then present W.56th Street. Lot 4, Block 2, and Lots 4 and 3, Block I, Colonial Grove, 5th; Lot 6, Block 2, Colonial Grove 3rd, and into Lot 5, Block 2, Colonial Grove 3rd, to junction with a North-South easement. be vacated. Tupa's motion, that the Village return to Herbert N. Bloomberg, by Quit Claim Deed, "The North 20 feet of the South 30 feet of the S1/2 of SW1/4 of NE1 4 of NE1/4 of Sec.19,Twp.28,R024; and South 20 €eet of the North 30 feet of W1 / 2 of N1/4 of SE1/4 of NE1/4 of Section 19, Twp 28,R.24" for purpose of releasing and relinquishing to Mr. Bloomberg this land from effect of certain sewer easement of record in Book 1492 of Deeds, on Pages 112 and 114. Motion seconded by Dickson and unanimously carried. I This easement runs across Lot 4, Block 8, Colonial Grove 3rd; Engineer Zikan recommended that 40 feet of the easement ELECTION OFFICIALS APPOINTED FOR GENERAL-VILLAGE ELECTION OF NOVEMBER 4, 1958 Clerk presented roster of Election Officials proposed for Village-General Election of November 4, as follows: DISTRICT NO. 1 - IVh-nes. Marie Dyregrov, Marjorie McCall, Marjorie Rossiter, Camille Kortum, Ethel Link, Grace Ode11 and Bertha McCraney. DISTRICT NO. 2 - Mmes. Nellie Strate, Frances Sonnenberg, Helen M. Hall, Betty Hess, Marian Bailey and Shirley Taylor; Alt., Mrs. Dorothea Obermeyer. DISTRICT NO. 3 - Mmes. Ida Smith, Ruth Volk, Ruth Zipoy, Edith Waste, Audrey Berglund, and Ella Sweeney. DISTRICT NO. 4 - Mmes. Eleanor Oren, Mildred Bagley, Gladys Vieth, Olga Hintz, Hilda Sievertson, Florence Hallberg, and Loretta Landree. DISTRICT NO. 5 - Mmes. Lucille Amundson, Frances Wood, Lil Kesler, Flora Berkmoes, and Gladys Cameron, DISTRICT NO. 6 - Mmes. Olga Bye, EL. Modlin, Myrtle Myhr, and Hilma Spencer. Alt., Mrs. Ida Makela. DISTRICT NO. 7 - Mmes. Mildred Jones, Lela Hagen, Louise Myers Margaret Borsch. Tupa's motion that Election Officials, as hereinbefore set forth, be appointed, was seconded by Dickson and carried. 29 58 %gkIGNMENT OF ADDITIONAL SECURITIES APPROVg: 4upa offered following Resolution: RESOLUTION APPROVING ASSIGNMENT OF ADDITIONAL SECURITIES IN LIEU OF BOND FIRST SOUTHDALE NATIONAL BANK BE IT RESOLVED, THAT the Village council of the Village of Edina approves the assignment by its depository, the First southdale National Bank of Edina, Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in the knicipal Court Account in said depository: Motion for adoption of Resolution via$ seconded by Kohler, and on Rollcall there were five ayes and no nays, as follows: Bank, v; Dickson, aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and the Resolution was adopted. A ST: i Village of Edina 2.7% Improvement Bonds - $10,000 due 3/1/1966 - $10,000 due 3/1/1967 >a&& Village Clerk MU &/ BUXET AWPTED: THEN REVISED BY POLL OCTOBER 6, 1958. Manager Hyde presented Ordinance No. 16-2, "Adopting Budget for Year 1959, and Establishing Tax Levy for Year 1958 Payable in 1959". Ordinance, as presented, totalled $825,992.00 €or the General Fund; $117,360.00 for the Park Fund. Estimated Receipts other than General Tax Levy, for General Fund, totalled $265,015.00; for Park Fund, $69,360.00; and Tax Levy totalled $687,977.00, for 28.3 Mills against an Assessed Valuation of $24,310,500. Tupa offered Ordinance No. 16-2 and moved its adopthon. Motion was seconded by Kohler; and on Rollcall there were five ayes and no nays, as follows: Bank, aye; Dickson, aye; Kohler, aye;'Tupa, aye; and Bredesen, aye; and the Ordinance was adopted. report to the Council, that County Auditor had informed that the Assessor's records were incorrect, in that two parcels of property had been entered on the tax rolls twice, thus duplicating valuations totalling $784,410. Revised Ordinance No. 16-2 for Council's considekation; and by unanimous vote, polled by telephone, the following Ordinance was adopted; and ordered mitten . On October 6, 1958, Manager Hyde made written Report presented into the records: (REVISED) ORDINANCE NO. 16-2 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1959, AND ESTABLISHING TAX LEVY FOR THE YEAR Section 1. The Budget for adopted as hereinafter set GENERAL FUND 1958 PAYABLE IN 1959 I THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: the Village of Edina.for the calendar year 1959 is hereby forth; and funds are hereby appropriated therefor: GENERAL GOVERNMENT Mayor and council Administration Finance Assessing Mun ic i p a1 Court Library Elect ion Planning . Legal Services TOTAL GENERAL GOVERNAENT PROTECTION OF PERSONS AND PROPERTY Police Fire Civil Defense Public Health Animal Control Inspection TOTAL PROTECTION OF 'PERSONS AND PROPERTY PUBLIC WORYS Engineering H ighvra y s TOTAL PUBLIC WORKS MISCELLANEOUS AND CONTINGENCIES Contingencies Settlement of Suits $ 8,656.00 47,004.00 32,929.00 32,153.00 13,985.00 20 , 384.00 29390.00 1,672.00 109354.00 $169,527.00 $150,039.00 78 y 565 00 5,445.00 1 y 800.00 5 y 450.00 229325.00 $263 , 624.00 $ 86,388.00 227,256.00 $313 , 644.00 $ 5,500.00 1.000.00 Special Assessments on Village Property31 ;500.00 Capital Outlay Buildings 17,258.00 Capital Outlay Unallocated 1,750.00 TOTAL hrIISCELLANEOUS AND TOTAL GENERAL FUND CONTINGENCIES $57,008.00 $803 , 803.00 53/29/58 PARK FUND Supervision and Overhead $20,543.00 30;512.00 11,140.00 31,600.00 23,565.00 Maintenance Capital Outlay Recreation Swimming Pool Operation TOTAL PARK FUND $117,360.00 are hereby established as Section 2. hereinafter set forth: GENERAL FUND Estimated Receipts other than General Tax Levy Village Share-State Liquor and Cigarette Taxes Licenses and Permits Municipal Court Departmental Service Charges Other Transfer from Liquor Fund State Apportionment-Highways TOTAL GENERAL FUND $ 20,000.00 40,195.00 45,000.00 67,500.00 27,930.00 43,390.00 20; 000. 00 $264,015 . 00 PARK FUND Swimming Pool Fees Registration Fees Income from Concessions Transfer from General Fund Other $ 29,000.00 6,380.00 3,000. 00 31,610.00 450.00 $ 70.360.00 TOTAL PARK FUND TOTAL ESTIMATED RECEIPTS $334 9 375 00 That there be and hereby'is levied upon all taxable real and personal the Village of Edina a tax rate sufficient to produce the amounts herein- Section 3. property in after set forth: For the General Fund For the Park Fund For the Poor Fund For Firemen's Relief For Fire Prokection $539,788 00 47,000.00 7,800.00 6,900.00 6 9 900. 00 For Bonds and Interest 57;400.00 TOTAL $665,788 . 00 ~~~ ~~ ~ and publication Section 4. according to law. This ordinance shall be in effect from and after its adopted ATTEST Village Clerk APPEAL TAKEN AGAINST ASSESSMENT FOR STREET IMPROVEMENT NO. E-3. (France Avenue-W.54 to 1/10 Mile South of W.62). Clerk reported that Notice of Appeal on Assessment had been filed on her on September 26. SANITARY SWER NO. 152 AND WATERMAIN NO. 132 TO BE EXTENDED SOUTH ON OXFORD AVENUE. Engineer Zikan reported that Mr. Lecy's house at 5129 Oxford Avenue can be reached by lowering Sanitary sewer and Watermains from 5% t0'4% grade, but that his new house cannot be served. receipt of Ak. Lecy's waiver of assessment proceedings, was seconded by Kohler and carried. Motion by Dickson for extension of mains to serve the old house, upon Tupa moved for adjournment. at 9:15 P.M. Motion seconded by Kohler and carried. Meeting adjourned I 7 Village Clerk