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HomeMy WebLinkAbout19590223_regular2/25/54 i- .-.: MTktrrES 81: THE REGULAR MEETTNG OF THE EDPNA VPLEAGE CBUNCTL, HED lJONDM9~ $1 Ec, ? i FEBRUARY 23, 1959, AT 7:OO P.M., IN THE EDINA VILLAGE HALL Members answering Rollcall were Dickson, Kohler and Tupa. presided in Mayor Bredesen's absence. Mayor Pro Tem Dickson MINUTES of the Regular Meeting of February 9, 1959, were approved as submitted, by motion Tupa, seconded by Kohler and carried. PUBLIC HEARING ON REQUEST FOR PERMIT TO CONSTRUCT DWELLING ON "THE NORTH 55 FT. OF LOT 9, BLOCK 2, SOUTH WHITE OAKS" (4832 TOVJNES ROAD): AND FOR WAIVER OF REQUIRED SIDE-YARD SETBACK TO PERMIT CONSTRUCTION WITHIN SIX FEET OF LOT LINE. Clerk presented Affidavits of Publication and Posting of "Notice of Hearing", which affidavits were approved as to form and ordered placed on file. who had made the original request for permit and waiver, told the Council that the request is simply for assurance by the council that Mr. Clinton Rehnke will be able to construct a dwelling on this lot. spoke for his brother, stating that the brother wishes to build and that it is his understanding that the majority of the neighborhood would prefer to have a dwelling at the site, rather than the present hole. He stated that because several neighbors had indicated that sale of the lot by Mr.'Simpson, and con- struction of the dwelling by a contractor other than Mr. Simpson would ease neighborhood feelings, Mr. simpson had graciously withdrawn, giving prospective purchaser the option of employing another contractor. ilk. Fred Bieber, 4828 Townes Road, whose property adjoins 4832 on the North, spoke for himself, Mr, Fred Pause and Mr. Borg, all immediate neighbors, stating that not one of the three.has selfish motives--that none of them wish to acquire this property-- but that they do want their properties protected against a dwelling not in keeping with the neighborhood; that they want the Village ordinances respected in their neighborhood as well as in any other part of the Village. He presented a petition, signed by owners of some eleven properties in the immediate neighbor- hood, asking that approval of building plan be left to a neighborhood committee. Ab. Rehnke had presented petition, signed by the same number of petitioners, in favor of the dwelling; and it was noted by council that at least two neighbors had signed both petitions. Letter from Mr. G. A. LeGros, 4816 Townes Road, asking that his namd be removed from the favorable petition, was read and placed on Eile. Mr. Pause, 4835 Maple Road, reviewed for Council its position in 1955, in rejecting Mr. Simpson's petition for building permit and in requiring Mr. Simpson to fill the excavation--which, Mr. Pause stated, had never been completely accomplished. He asked that Council go on record as requiring the leveling of this property, and stated he would like conformity in the Village, with everyone made to live up to the rules. Stating that the Council is well aware that Mr. Simpson had made a mistake in selling off five feet of this lot, Mayor Dickson stated it is the Council's position that the mistake should be rectified in a manner most satisfactory to all concerned. a vacant lot to a dwelling, and those present agreed that a dwelling would be the better of the two alternatives. Mr. Borg requested that Council make no deviation from its ordinance with regard to side-yard,setback; and Mr. Bieber asked that council deny the Simpson petition, in order that another action may be taken on Ab. R.ehnke's request. reached if the neighbors know that Abe Rehnke owns the property and if they know that a 43-fOOt house will be built on the lot. It was noted by Council that the Planning Commission had recommended approval of Nr. Simpson's request for a building permit (but that side-yard setback matter had not been seen by the Commission). Mayor Dickson asked that objecting neighbors meet with Messrs. Simpson and Rehnke in the Village conference rooms now, to attempt to come to some agreement this evening; and delegation adjourned to the conference room while Council considered other matters on the agenda, Upon return to the meeting later in the evening Messrs, Borg, Bieber and Pause stated they wish to be sure their agreement is with Mr'. Clinton A. Rehnke only; that they will agree to issuance of a building permit if Mr. Clinton A. Rehnke will present proof of ownership of the lot and providing Mr. Ben Simpson will not be the builder; if the proposed 44-fOOt home be reduced to 43 feet and will be located in such way as to leave a six-foot side-yard setback on each side; and if the exterior will be in keeping with the architecture of the neighborhood. stated he would present a letter listing points on which agreement should be reached before issuance of permit. permit on the N. 55 Ft. of Lot 9, Block 2, South White Oaks (4832 Townes Road) and waiver of side-yard setbacks, subject to approval by the Village Manager, was seconded by Kohler and unanimously carried. Mi. Ben Simpson, Mr. Roswell Rehnke, 4001 W.49th St., He asked if the neighborhood prefers He stated he feels sure agreement can be One of this delegation Tupa's motion for the granting of a building SANITARY SEWER TO SERVE 5124 MIRROR LAKES DRIVE ABAnrDONED. continuation of Public Hearing of February 9, on this matter, was not present to report. signed by owners of the other three affected properties; and Kohler moved that project be abandoned. Mayor Dickson called Mr. Kempf, petitioner, Mr. Thos. Krizan read petition in objection to improvement, Motion seconded by Tupa and carried. 2/23/59 PUBLIC HEARTIE!& 01: PROPOSED TI!l%O~lE}.!EV'i3. kf fidavit of Publication in kd-ina- Liorningside Courier on February 12 and 19, 1959, of "t!otice of Public Hearings on Proposed Street 1mproven;ents" was submitted, approved as to form, and ordered placed on file; and, pursuant to said Notice, the following Public Hearings were conducted, and action taken. However, before conducting the hearings, :layor Dickson asked that a resolution be adopted pertaining to the adequacy of improve- ment petitions, and Kohler offered the following Resolution and moved its adoption: RESOLUTION DETERMINIHG ADEQUACY OF IMPRO VEUENT PETITIONS YiiFiEREAS, this Council has duly examined the following Improvement Petitions, filed with the Village Clerk, and heretofore presented to-the' Village Council on- the dates hereinafter set forth: PETITIONS FOR THE BLACKTOPPI~~G OF THE FOLLOYJIt4G STREETS : A. Parnell Avenue between y.62nd St. and Valley View Xoad; and'Y!.62nd St. between Virginia %ve. and Ryan Ave. - Presented to council April 28, 1958 B. TJooddale Lane - Presented to Council June 9, 195E. C. Upper Terrace between Brittany Road and !,yest Shore Drive - Presented to D. Grove Street between Code Ave. (South) and Tingdale /we. - Presented to E. Idylnood Lane betmen South Blake Road and Schaefer Road - Presented to F. Yor!: Avenue from 7!.60th Street, to and including 6041 Yorl; Ave. - Presented G. Chowen Avenue between Yi.63rd S'c. and W.64th St. - Presented to Council H. Chantrey Road between Ayrshire Blvd. and Icorthvmod Drive; and IL'orthvrood Council June 9, 1958 Council June 23, 1958 Council July 28, 1958 to council July 28, 1958 September 23, 1958 Drive between Glengarry Parkvray and End of Present Blacktop - Presented to Council September E, 1958 I. Code Avenue betvfeen Y!.57th Street and :.lelody Lakes Drive and said exarnination.has proven that each and all of said improvement petitions have been signed by omers of more than 35 percent in frontage of the real property abutting on the streets named in the petition as the location of the improvement: that the petitions hereinbefore named have all been signed by the required per- centage of ovmers of property affected thereby, under Chapter 429 ;Iinnesota Statu t e s . P!OI'J, TI-IEREFOZE, BE IT RESOLVED by the village Council of the' Village of Edina :.'lotion for adoption of the Resolution was seconded by Tupa, and on Rollcall there and the Resolution was adopted. were three ayes and no nays, as follows: Dickson, aye; t.!ayor Pro Tem - ?rillage Clerk ?T;iJIId CITY TESTII.!G EUEEAU SOIL INVESTJGATIO~~ REPORT GIVE!,!. an Twin City Testing Bureau's soil investigation, conducted for the public hearings. proposed to be held this evening. Manager Hyde then reported amount of $9,156.00, as against 2,510 Assessable Feet, for $3.65 per Assessable Foot. had been received prior thereto. and motion nas unanimously carried. improvement) . 2. TO TIFGDALE A?EFUE. of Cost (revised) in Total of 52,706.36, as against 1,112.91 Assessable Feet, for $2.43 per Assessable Foot. Kr. J.B. Moore, 5100 Gfiove st., asked if a catch basin would be installed at the southwest corner of the Tingdale-Grove intersection, and Engineer zikan replied that it is the plan to install one catch basin at this intersection. project be approved. Resolution of later in meeting, Ordering Improvement). Group was informed that the estimate as read does not include repair to their lawns and driveways after blacktop street construction. SOUTHCREST DXW. Vu-Graph slide was shown, and Engineer's Estimate of Cost \?.as read at $4:131.48, as against 1,088.3 Bssessable Feet, for $3.80 per t?,ssessable Foot. i!o objections were registered at the Hearing, and no mitten objections had been received prior thereto. Kohler and unanimously carried. Improvement) . There were no objections registered at the Hearing, and no written objections Kohler seconded Tupa's motion approving project, (See Resolution of later in meeting, Ordering - PUBLIC HEARIi,G 0;I PROPOSED BLACKTOPPIIrG OF GEOVE STREET FXCM CODE IIVEPIUE (SOUTH) Vu-Graph slide was shown, and Manager read Engineer's Estimate There nere no other questions or objections, and Kohler moved that Ihtion seconded by Tupa and unanimously carried. (See 3. FUBLIC HEAR1P.G @I! PROFOSED BLE,CI<T@PPIkG OF UPPEB TERRACE FRO1.l BR1TTill.Y ROAD TO Tupa's motion approving project was seconded by (See Resolution of later in meeting, Ordering 2/22/59 4. PUBEX ~mm~~ ON PROPOSED ~EA~E~PPM OF t[mwma LAAE FROM SOUTH BLAKE 73 ROAD TO SCHAEFIER ROb,D,' Vu-Graph slide was shown, and Manager read Engineer's Estimate of Cost at a Total of $8,361.60, as against 2,559.56 Assessable Feet, for $3.27 per Assessable Foot. Hearing, and no written objections had been received prior thereto. Hyde suggested that work be accomplished late in the season, and Tupa's motion approving project with understanding that work will be late was seconded by Kohler and carried, TO INCLUDE 6041 YORK AVENUE, Vu-Graph slide was shown of plan, and Manager read Engineer's Estimate of Cost at a Total of $3,623.71, to be assessed against 1,258 Assessable Feet, for $2.88 per Assessable Foot. Mr. A. T. Vick, 6041 York, expressed himself as being in favor of the improvement. Mo objections were filed at the Hearing, and none had been received prior thereto. project was seconded by Kohler and unanimously carried. (See Resolution later in meeting Ordering Improvement ) . TO W.64TH STREET. the traveled roadway in the street right-of-way, and Estimate of Cost was read at $3,399.60, to be assessed against 891.51 Assessable Feet, for $3.81 per Assessable Foot. Messrs. Soderberg, 6312 Chowen; Bingham, 6316 Chowen; and Lacy, 6308 Chowen, were agreed in asking that their names be withdrawn from this petition providing nothing is to be done on 64th Street. asked that Chowen Avenue blacktop be delayed until the service drive is On an inquiry from JAr. Lacy as to where the present traveled roadway is located, Engineer Zikan replied that it is all on the east side of the right- of-way and that on the curve it is off approximately five to ten feetoMr. Lacy asked about maintenance of W,64th Street, and Manager Hyde replied that the Village will blade the street until such time as the County constructs crosstown highway service roads, but that the Village will not oil unless there is a petition for oil, signed by majority of owners of abutking properties. Soderberg, Bingham and Lacy asked that their names be withdrawn from the petition for the Blacktopping of Chowen Avenue. No action by Council on this improvement. 7. PUBLIC HEARING ON PROPOSED BLACKTOPPIiqG OF CHAHTREY ROAD FROM AYRSHIRE BLVD. TO NORTHWOOD DRIVE AND ON NORTHWOOD DRIVE FROM GLENGARRY PARKWLAY TO EXISTING BLACKTOP. Vu-Graph slide was shown of plan, and Engineer's Estimate of Cost was read at a Total of $14,582.04, to be assessed against 3>628.1 Assessable Feet, for $4.02 per Assessable Foot. Mr. Danforth of 5200 Chantrey Road asked why cost is so high, and he was given the breakdown on the project by Manager Hyde, also being informed that the price is subject to bids received; that assessment will be oveq a five-year period. EiAr. Danforth wishes to be assured of good drainage at corner of Chantrey and Rorthwood, and asked if there would be a change of grade. Engineer Zikan said that the crown would be taken out of the road so that the water could spread out if necessary; that the street elevation will be below Me. Danforth's driveway--it will go down grade to the intersection. !Are Danforth maintained that he was in favor of the improvement but that he didn't want to fill his whole front yard.' Another gentleman inquired about the grade also, and was told that Chantrey is closer to grade than Northwood. also mentioned that the culverts in now never work. that culverts will be eliminated and drainage will be on the surface. IJo objections were filed at the Hearing, and none had been received prior thereto. Tupa's motion approving project was seconded by Kohler and unanimously carried. (See Resolution of later in meeting, Ordering Improvement). 8. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF CODE AVENUE FROM W. 57TH STREET TO i"LEL0DY LAKE DRIVE. Vu-Graph slide was shown of plan, and Engineer's Estimate of Cost was read as $4,336.75, to be assessed against 1,071.02 Assessable Feet, for $4.05 per Assessable Foot. Mr. Michels of 5605 Code Avenue, stating he is a very new resident, complained that he will be unjustly assessed on a front- footage basis, inasmuch as he has 182.3 front feet and a small back yard. He was informed that the front-foot basis is the usual method of making assessment for above-ground improvements; that the assessment will be over a five-year period. I?iIr. Brace, 5612 Code Avenue, inquired about lawns and driveways, and was told that this estimate does not include lawn and driveway repair-that owners must take care of their own lawnss etc. At a question as to why the cost is so high, Manager Hyde replied that this is because there is gravel needed; that the street has washed badly. project, motion was seconded by Tupa and unanimously carried. of later in meeting, Ordering Improvement). 9. TERRACE FROM SOUTHCREST DRIVE TO WEST SHORE DRIVE. of plan, and Engineer's Estimate of Cost was read at $11,105,60, or $3.16 per Assessable Foot for the Curb and Gutter; $12,337.27, or $3.51 for the Bituminous Surface Treatment. Trustee Kohler explained that the Council may conduct the Hearing this evening, to get the comments of affected property owners, but that it cannot take action because there are RE only three members present. Manager There were no objections registered at the Manager (See Resolution later in meeting, Ordering Improvement). 5. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF YORK AVERUE FROM W.60TH STREET Tupa's motion approving 6, PUBLIC HEARIIVG ON PROPOSED BLACKTOPPING OF CHOWEN AVEIEJE FROM W. 63RD STREET Vu-Graph slide was shown of plan, which includes centering Mr. Bingham .treated, Messrs. He Engineer Zikan replied * Kohler moved for approval of (See Resolution PUBLIC HEARING ON PROPOSED CONSTRUCTIOh? OF CONCRETE CURB AND GUTTER, AND Vu-Graph Slide was shown BLACKTOPPING - WEST SHORE DRIVE FROM DUNBERRY LANE TO LAGUNE DRIVE AIllD UPPER 80 2/23/59 Hyde explained that a petition has been filed for the Blacktopping of Upper Terrace and that, due to the drainage problem the Council has ordered the Curb and Gutter Hearing on its om motion. installed, storm sewer should be extended from Balfanz Road, 3r. Livermore of 6717 West shore Drive stated that blacktop is needed because of the terrible dust problem and that if the people can get blacktop without curb and gutter they will all be for it--but that they do not want curb and gutter. Ilanager Hyde explained that curb and gutter is necessary to take care of drainage; and I:?. Livermore mentianed that he would not be against curb and gutter if it wuuld be cheaper than storm seaer. 1.k. H.E. Hale, 6513 "Jest Shore Drive, asked for some permanent surfacing €or the street. He stated he feels that curb and gutter is needed only at certain spots, and that he does not want it if something cheaper can be had. Zikan replied that It would be from Balfanz south and picked up on Upper Terrace-- that a study would have to be made of the south end. not want the storm sexer to came in after the blacktopping, and asked vhy driveway and lam repair is not included in the cost. experience it has been found that this brings the cost too high--that owners prefer to do their orm repairs, to whether Y!est shore Drive improvement will go in even though there is no petition from that street, and Hr. Dickson replied, Yes". 1.k. Deming asked that cost of storm sewer bz checked before Council goes ahead with this proposed improvement: ar.4 ;k. K;rde explained that 3$ per square foot should take care of the LaLekaf-costs but not the trunk; that assessment for the trunk sewer could come later. It was decided that, inasmuch as the three members present could not act on this proposed improvement, Hearing will be continued until such time as there are four members of the Council present. {- Engineer Zikan reported that if curb and gutter is not He asked how far the storm sewer would have to be extended, and 3r. B A's. Hale stated that he did He was informed that, from previous Ik. Deming, 6801 \'!est Shore Drive, inquired as 10. PUBLIC HEAR1i.G O;! PEOPCSED COl4STRUCTIbN OF C@E.CRETE CURB XJD GUTTER, AiJl BLACI3OPPIi:G - YJCUDDALE LAL read Enqineer's Estimate of Cost on the Curb and Gutter at a Total of $2,219.64, for Vu-Graph slide was shown of plans, and IAanager Hyde $2.90 per front foot; on the Blacktopping, at a Total of $2,827.51, for $2.91 per front foot. Llanager Hyde reported that ;;looddale Lane has never been assessed €or Blacktopping; that they noa have only an oil coat; that the grade--.29;&is too flat, and curb and gutter is needed to carry the water away. Llr, Frank I'licks, 5027 I'Jooddale Lane, presented a petition in opposition to curb and gutter, stating that the only persons on the street who hadfifbned this petition are out of tom. He took exception to Iianager's report, stating he firmly believes that the street has been blacktopped, in 1942, whether or not it was assessed; that there was an increase in the taxes at that time and he believes it was for blacktopping. 1.k. YJicks stated that property owners definitely want blacktopping, but that the only drainage problem is between Kos. 5023 and 5027 Wooddale Lane--that the street drains toward the creek and toward I'looddale Avenue; that owners have landscaped in a rustic manner and want to keep the street that way. that trucks and heavy vehicles will cause a breakup or depression on the sides of the street, where water will pocket if curb and gutter is not installed. He recomnended curb and gutter. Lk. Wcks again took exception, stating that nothing had been done to the street between 1942 and 1957; that if there was correct maintenance curb and gutter would not be needed. . Mr, Robins, 5023 !'!ooddale Lane, stated he feels that if the street is graded correctly there will be no need for curb and gutter. All those present, including Mr. Ideary, 5019 I'fooddale Lane, were in agreement that the assessment for Blacktopping be on a "per lot" (rather than "per front foot")basis, and that work should be done as soon as possible. that Council approve proposed Blacktopping project, was seconded by Kohler and unanimously carried. Engineer Zikan reported Tupa's motion, that proposed Curb and Gutter project be abandoned and (See following Resolution Ordering Improvement). 1. 2. 3. 4. 5. 6. 7. 8. Kohler then offered the following Resolution and moved its adoption: 2 ESOLUT 101.1 ORDER1 IiG STREET I MPRO VEIEE4TS BLACKTOPPIKG IMPROVEME3TS 110s. A-X24 TO AIlD II!CLUDING In-131 BE IT RESOLVED by the Council of the Village of Edina, IPlinnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements: CONSTRUCTIOi! OF BITUi.lIf;CUS SURFKE TREfiTtAQJT IG THE F@LLG.'KU:G STTIEETS : Parnell Ave. from 1'1.62nd Street to Valley lrievr Road; and U.62nd Street from Virginia Ave, to F:yan he. Grove Street from Code iive. (South) to Tingdale kve. Upper Terrace from Brittany Road to Southcrest Drive. Idylvrood Lane from South Blake Road to Schaefer Road. Yor!: Ave. from ?'],60th St., to include EO41 York Ave, Chantrey Road from 1,yrshire Blvd. to Xorthwood Drive; and ialorthviood Drive from Code Ave. from :'!.57th Street to Llefody Lakes Drive. ?'looddale Lane Existing Bituminous Surface Treatment to Glengarry Parlmay- 2/23/59. 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 con- struction of said improvements; that said improvements are hereby designated and shail be referred to in all subsequent proceedings as follows: .? $6 ( NAME OF IMPROVEMENT : No. 1 Above Street Improvement No. 8-124 No. 2 11 A- 125 No.3 A- 126 No. 4 11 I' A-127 No. 5 If A-128 No. 6 A- 129 No. 7 II A- 130 I No. 8 It A-131 11 I1 I1 I1 II 11 11 I1 I1 I1 I1 and the areas to be specially assessed therefor shall include all lots and tracts of land abutting the respective streets proposed to be improved. Motion €or adoption of the Resolution was seconded by were three ayes and no nays, as follows: Kohler,,aye; e; and Dickson, aye; and the Resolution was adopted. n Rollcall there- I- May& Pro Tem Village Clerk HIGHWAY I\J@. 169 RE-ALIGNMENT PROTESTED BY SKYLINE-HILLDALE DELEGATION. A delegation of Skyline-Hilldale residents, led by Fh. Fred Smith 5017 Skyline Drive, protested Highway Department's plan for State Highway No. 169. They presented a protesting petition, and asked that this Council reject any plan which has been published in the Minneapolis paper. Mr. Smith told Council that this delegation feels that Highway Mo. 169 need not be rerouted, and proposed that it be widened to carry traffic into the loop, making a cloverleaf at W.50th Street and Highway #loo. He asked that Planning Commissions of Eden Prairie, Edina and St.Louis Park get together to agree on some plan beneficial to all municipalities. stated delegation is of opinion that as soon as the freeways are built there will be no need for improving No. 169. Mr. Mayberg objected to re-alignment, on behalf of prope&y owners who had made considerable investment in ther homes" without knowledge of Highway Department plans. Justice Tom Gallagher, stating that under pkesent law plans must be presented-to Council for approval before any construction can begin, was read; and delegation asked that Council reject any plans for Highway #169 and let the Highway Depart- ment know that they definitely oppose any part of the re-alignment. Manager Hyde read a portion of the Council minutes of December 8, 1958, at which time Council took action to approve tentative plan for #169 South of Hansen Road. Trustee Kohler stated that a new route is needed because of the terrain of the property abutting the present roadway. @ne gentleman in the delegation told Council that St.Louis Park has not, and does not intend to, approve present plans for the highway, feeling that-it will make bad matters worse by further cutting through their residential sections. Mayor Pro Tem Dickson told the delegation that the Council will not approve plans for Highway No. 169, North of Hansen Road, until such time as study and consideration have been given to the route Horth of Edina. Spokesman A newspaper article by Chief PURCHASE OF JUDGE'S ROBE APPROVED. Village Attorney, speaking for Municipal ' Judge Burris who is out of town, explained the matter of the Judge's purchase of an additional robe for the Municipal Court. Kohler's motion that purchase be approved was seconded by Tupa and carried. PUBLIC HEALTH NURSING REPORT' FOR JANUARY, 1959, was submitted, reviewed and- ' ordered placed'on file. PETITION FOR OIL on Concord Avenue between W.63rd and W.64th Streets was submitted, and-was accepted by motion Kohler, seconded by Tupa and carried. BLOOMBERG REQUEST FOR AFFIRMATION OF ACTION TAKEN IIJ 1956 RELATIVE TO LOT LINES FOR LOTS 5 Ah!D 6, BLOCK 2, COLONIAL GROVE THIRD-ADDITION was submitted, .and was referred tb the Village Attorney for report. 5 PUBLIC HEI?,RIiJG SCHEDULED FOR MARCH 23 ON DOUBLE BUNGALOWS IN PARKWOOD KEJOLLS 8TH ADDITION. to construct double bunqalows on Lots 8 and-9, Block 13 ahd Lots 10 through Mr. Carl Hansen's r'equest for action on his petition for permit' 15 and Lot 17,'Block 14; Parkwood Knolls 8th Addition, was reviewed, together - with Planning Commission's January 7th favorable recommendation; motion setting' Public Hearing OR this matter' for Monday, March 23, was' seconded by Tupa and carried. Kohler's XESTITUTIO?J FOR PARK LANDS TAKEN BY CONDEMNATION DISCUSSED. Director French reported the Park Board's adtion of February 2, requesting Park and Recreation 23/23/59 $2 that the matter of reimbursement to 13unicipalities by the Highway Department on a "replaeercentl' rather than land value basis be referred tc the League of Minnesota 25nicipalities for study, in an investigation to determine some way of protecting the municipalities from encroachment by the State on municipality-owned land, Acres park land, vhich will be taken by Highway #@+-and which land is exceedingly valuable to the Village as a park and cannot be replaced without razing homes, at an expense many times greater than the purchase price of the land taken. It YJ~S concensus that Edina should take the initiative in placing this matter before both the League and surrounding municipalities. 1.k. French cited the matter of Edina's :;i"arden DAYLIGHT SAVING TIME TO BE ADVOCATED BY COuI\TCIL. hlr. French reported the Park Board's recommendation that Village Council go on record in the Legislature as being in favor of Daylight Saving Time; and Manager Hyde vias directed to mite Edina's representatives to so notify them. BIDS P,UTHORIZED FOR IJOYER, LITTER SCOOTER, SOFT ICE CREAM kL4CHIIIJE FOR PARKS. &. French asked that authority be granted for bids for the above named euuiDment. and after some discussion motion authorizing bids was made by Tupa, seconded. by Kohler and carried. * PLSBLIC HEARINGS SCHEWLED FOR PSOPOSED IhlPROvEI~iEIJT PROJECTS. and Estimates of Cost were presented for several petitioned proposed improvements, and IJanager Hyde asked that Hearings be scheduled for Llarch 9, even though there will be only three members present, to facilitate completion of the working schedule. Tupa offered the following Resolution and moved its adoption: RESCLUTICH PIiOVIDIMG FOR PUBLIC HEARINGS PROPGED BLACKTOPPING AXD CURB AND GUTTER Tentative plans IfIIPROVEI."IENTS BE IT RZSOLVED by the Council of the Villaae of Edina: 1, The Viliage Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Blacktopping and Curb and Gutter Improvements described in the Form of Notice of Hearings set forth below, and as to the estimated cost or" such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvements. 1 time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publi- cations is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: 2. This Council shall meet on Monday, !:larch 9, 1959, at 7:OO P.!.l., in the 3. The Clerk is hereby authorized and directed to cause notice of the TJOTICE OF PUBLIC HEARINGS a-4 PaOPOSED BL>LXTOPPIKG, CURB AlJD GUTTER ILIPi?OVEMEtITS NOTICE IS HIBEBY GIVE4 that the Edina Village council will meet at the Edina -- Village Hall on Konday, LIarch 9, 1959, at 7:OO P.bl., to consider the following proposed improvements to be constructed under the authority granted by 1.Ennesota Laws of 1953, Chapter 398. The approximate cost of said immovements is estimated by the Village Engineer as set forth below: ESTIMATED COST 1 e COXSTEIUCTIGJ OF BITUUINOUS SURFACE TREATM3T II4 THE FOLLOJ'JDJG STREETS: A. Oaklawn Avenue from Dunberry Lane to 137 feet Mest of Point Drive; Point Drive from Dunberry Lane to and including cul-de-sac; Judson Lane from Point Drive to 160 feet :;'est $19,212.00 B. Bernard Place from yj. 57th st, to Grove St,; Grove St, from Bernard Place to 134 feet East; Grove St. from Bernard Place to 134 feet west $ 53812.63 C. f'lest 6lst St. from Code Ave. to Forslin Drive; West 61st St. from Forslin Drive to Hansen Rd.; Forslin Drive from VI. 61st StD to Hansen Road (East) $12,438.55 D. Eernard Place from I'J.56th St. to VJ.57th St. $ 4,206.00 E. Birchcrest Drive from Hansen Rd. to code Aveb $ 79658.40 F. Orchard Lane from Cooper AVe. to and including cul-de-sac $ 2,097.60 20 COPJSTRUCTION OF STAl*!DARD VILLAGE CURB ATJD GUTTER IN THE FOLLOTJ1P:G STREETS: A. I'Jest 61st St. from Code Ave. to Hansen Rd.; Forslin B. William Ave. from KD 51st St. to VJ. 52nd St. $ 3,688.85 Drive from U.61st Sto to Hansen Rd. $12,043.50 c. Ashcroft Ave. from ';1060th St. to Valley View Rd. $ 4,395.33 D. Birchcrest Drive from Hansen Rd. to Code Ave, 9 7,622.73 E. Bernard P1. from TI. 57th St. to Grove St.; Ne Side of Grove St, from Bernard P1. to 134 feet East; N, Side of Grove StD from Eernard P1. to 134 feet West 3 4,743.38 83 212315 9 The areas proposed to be assessed for the cost of said proposed improvements includes all lots and tracts of land abutting the respective streets proposed to be improved. f GRETCHEN S. KDEN Village Clerk filotion for adoption of the Resolution was seconded by Kohler, and on Rollcall there were three ayes and no nays, as follow Dickson, aye; and the Resolution was adopted. 'Mayor Pro Tem FILL FROM RESERVOIR TO BE USED FOR ROADS AND COFNELIA PA%<, AS WELL AS HAYS FARMa Mre Hyde explained to council that it is not practical to use all the fill from the reservoir excavation on Dublin Road, at the Hays Farm, as was originally planned, because of the peat condition at the point it was intended to fill. Some of this material will be used along the shoulders on W.66th Street, to protect the blacktopping constructed last year, some at 69th and McGuire, and some at Cornelia Park. I VILLAGE ASSESSOR TO BE RETAINED FOR ONE YEAR ON 4. COHSULTING BASIS. Mr. . Hyde recommended that, although Assessor Alex Creighton cannot work full time, he be retained on a consulting basis and to be available to the new Assessor, f?k. Gearns, at $100 per month for one year after his retirement. Tupa's motion, authorizing retaining htr. Creighton on a consulting basis in accordance with Manager' s recommendation, was seconded by Kohler and carried . TJTILITIES FIP!BPGIhG CONTRACTS TO BE REVISED. Euilders has protested its "utilities financing" contract with the Village on the grounds that provisions therein are more stringent than those required of the Stow Company in its financing of utilities for "Stow's Edgemoor". It was concensus that the Boran Company, and the other two developers who signed this type of contract, should be treated in the same manner as the Stow Company, and Mayor and fvlanager wGre authorized to sign revised contract as presented. BROOIWIEW HEIGHTS STREET IMPROVEMENTS DISCUSSED, Administrative Assistant George Hite, who had just returned from meeting with the Brookview Heights group at its monthly meeting, reported that, after an explanation by him of the comparative costs of blacktopping and concrete curb and gutter, and concrete paving with integral curb, the group is agreeable to considering the latter; that bids should be taken on both projects. further study be given to cost of concrete paving and curb before public hearing is called. It was reported that Boran I Concensus was that CLAIMS APPROVED FOR PAYMENT. Claims, as per Pre-List dated February 23, was seconded by Kohler and carried: $22,685.16 General Fund '$28 , 209 93 Sewer Rental Fund Const. Fund 48,554.39 Improvement Fund 291,340-49 Park & Park Const. 11 9 988 82 Poor, PIR, JSD #l, and Liquor Fund 60,162-84 TOTAL $560,509.21 Tupa's motion for payment of the following Naterworks Fund 729592.03 Temp. Improvement 24,975 55 Motion for adjournment was made by Kohler, seconded by Tupa and carried; and Meeting was adjourned at lor15 p.m. , 3' Village Clerk