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HomeMy WebLinkAbout19590525_regular5/25/59 MINUTES OF THE REGULAR MEETING OF THE EDTNA VILLAGE COUNCIL, HELD MONDAY, MAY 25, 1959, AT 7:OO P.M. , AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. MINUTES of the Regular Meeting of Council, held May 11, 1959, were approved as submitted, by motion Dickson, seconded by Kohler and carried. PUBCIC HEARINGS ON PROPOSED IMPROVEMENTS. Edina-Morninaside Courier, May 14 and 21, 1959, of "Notice of Public Hearings", which Clerk presented Affidavit of Publication in notice was agproved as to-form and ordered placed on file. followinq public hearings were conducted, and action taken: Pursuant to notice the I 1. -PUBLIC HEARING-ON PROPOSED SANITARY SEWER IN MIRROR LAKES DRIVE FROh'l DRIVE. EXISTING MANHOLE ON TRUNK SENER TO AND INCLUDING 5128 AND 5129 MIRROR LAKES Vu-Graph Slide was shown, and Estimated Cost of Improvement vias given at $17,599.80 over 16 lots, for $1,100 per Lot. Manager Hyde explained that the Council has called this Hearing on its own motion, subsequent to petition filed by k. R. A. Kempf of 5129 Mirror Lakes Drive, for relief from cesspool problems. He told audience that Council has previously conducted a Hearing on a sewer to serve I&. Kempf's home from the South,l at a cost of some $1.800 per lot to four lots, abandoning this project because of excessive cost. Attorney Austin Norton was present to represent Mr. Kempf, reviewing Mr. Kempf's reasons for asking for sewer service, namely, that the soil condition makes it impossible for his cesspool and drainfield to operate. Cassidy, 5108, and E.B. Floback, Jr., 5120 Mirror Lakes Drive, for sewer. Mr. Norton called Messrs. Schultz of Mangan Company, Plumbing Engineers, and Chester Miller, of SpeZz & Berg Plumbing Company, to support his contention that because of general soil conditions in this area others along the street will shortly be faced with the same troubles hlr. Kempf is now experiencing. that it is not the.desire of the petitioner to force the sewer on his neighbors if there is any other solution to his problem. that there is a possibility of Ab. Kempf's lot's being served from the Trunk Sewer, through a private easement. to give the easement, but that the cost of running the line along the easement, plus the cost of connecting to the trunk and the cost of repairs to the property after digging would be most excessive. He asked the Council if the Kempf property could be assessed for a line in Mirror Lakes Drive, should he make the easement connection, and was informed that the property could not be assessed twice for the same service. Ab. James Dovolis, 5121, told Council that several of the neighbors now want to consider watermain construction, also, and asked that Council postpone action until neighbors have had a chance to agree on just what they do want. M. McDermid, 5116, stating that neighbors sympathize with Mr. Kempf's problem, reported they believe the cost involved is excessivly high; that to reach the Kempf's home from the North will mean digging-to a depth of some 17 feet. Ab. Zikan showed him detailed plans, which show 14 feet to be maximum depth. It was brought out that the lots on the East side of the street can be connected to the Trunk Sewer at the back of the lots (most of them have their plumbing set for such a connection); however, Engineer Zikan told them this requires a special type of connection to prevent infiltration. connections be made by the properties on the East, those on the \vest would have to pay the entire cost of a future line in Mirror Lakes Drive. 5128, told Council he has lived in his home for five years; that while his drain- field did freeze this past winter his cost for repairs was $182, which he feels is cheap maintenance. (which would be away from proposed sewer line). hearing until k. fimpf had had further opportunity to investigate the matter of serving his lot with sanitary sewer through private easement, was seconded by Tupa and carried. future date (although it may not be for five or ten years) some Edina Council would be forced to require that all homes connect with sanitary sewer, for public health reasons. He cited supporting petitions of Messrs.John Ab. Norton stated It was brought out in discussion htr. Norton told Council that neighbor has not refused Mr. It was then pointed out that should trunk Mr. H.C. Stephenson, He told Council his drainfield is at the back of hi's house Kohler's motion, to continue During discussion htayor Bredesen had informed audience that at some I 2. PUBIC HEARING ON PROPOSED SANITARY SEVER IN HAVJKE'DRIVE, HAIYKE'S TERGACE, EASEMENT LINE FROM HAVJKE'S DRIVE TO EXISTING TRUNK SEWER, WARDEN AVEPJUE FROM 90 FT. WEST OF TRACY AVE. TO 255 FT. WEST OF TRACi AVE., EASEMENT LINE FRO!A WARDEN AVE. TO LIFT STATION. Vu-Graph Slide was shown of plan, and Estimate of Cost vias given as $25,201.80, proposed to be assessed over 24 lots, for $1,050.08 per Lot. Tracy Avenue, has not petitioned for sewer, but that to save future digging on Tracy it might be well to consider constructing this sewer at this time; or else, to at least bring the line North to \'Jarden Avenue and stub it in toward \*jarden Avenue. It was also suggested that the line might be run South on Tracy Avenue from Hawkes Drive, and thus eliminate the line through private easement. There was some dis- cussion as to the proposed method of assessment, Trustee Kohler stating it is probable that some of the Warden Acres lots will be subdivided and that they should pay for as many connections as will be needed; and it was generally agreed by Council that the assessment be made on a "per connection" rather than "per lot" basis; this to be rf~ore fully and formally reviewed at time of assessment hearing. Engineer Zikan told Council that the block on Narden Avenue, just East of Kohler 5/25/59 I35 stated that his own Lot 6 will be subdivided and he feels that each connection shbuld pay its proportionate share. for those who do not expect to subdivide their large lots to file a "declaration" with the Village, stating that, should the lot be subdivided later, additional lots would be liable for a connection charge at the time connection is made. There were no objections registered against the proposed improvement, and none had been received prior to the Hearing. Engineer to investigate relative costs between the "Tracy Avenue" route suggested this evening and the "Easement line" route proposed, and approving the project over whichever route is the cheaper. Resolution Ordering Improvement, later in meeting). Manager Hyde explained that the alternative would be-' i Kohler then moved, directing the Village Motion seconded by Tupa and carried. (See 3. PUBLIC HEARING ON PROPOSED TRUNK WATERMAIN IN TRACY AVENUE FROM EXISTING WATERMAIN AT GROVE STREET TO HIGHWAY #169. Vu-Graph Slide was shown of plan and of District proposed to be assessed. of the Trunk Watermain ending at Tracy and Grove; that Estimate of Cost is the same as that for the South trunk main--For Platted Property not using trunk as lateral, $.97 per front foot; for Unplatted Property not using trunk as lateral, $223.00 per Acre, for Property using trunk as lateral, $5.00 per front foot connection charge. No objections to the proposed improvement were registered at the Hearing, and no written objections had been received prior thereto. Dickson's motion, approving project, was seconded by Beim and carried. (See Resolution Ordering Improvement, later in meeting). Manager Hyde explained that this is the extension 4. PUBLIC HEARING ON PROPOSED LATERAL WATERMAIN IN HAWKE'S DRIVE, HAWKE'S TERRACE, WARDEN AVE. FROM TRACY AVE. TO 280 FT. WEST. Vu-Graph Slide was shown of plan and area proposed to be assessed, and Estimate of Cost was given at $7,680.00, for $451.76 per Lot. and no written objections had been received prior ther'eto, Dickson's motion approving project was seconded by Beim and carried. There were no objections registered at the Hearing, Kohler then offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS SANITARY SEWER IMPROVEMENT NO. 156; WATERMAIN IMPROVEMENTS NOS. 139 & 140 BE IT RESOLVED by the Council of the Village of Edina: report as to the feasibility of the proposed Sanitary Sewer and Watermain Improve- ments described in the Form of Notice of Hearings heretofore published? and that this Council has held hearings at the time and place specified in said notice and, at said hearings, has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: 1. The Village Engineer, having submitted to the Council' a preliminary 1. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING STREETS: Hawke's Drive; Hawke's Terrace; Easement line from Hawke's Drive to existing Trunk Sewer; Warden Ave. from 90 Ft. west of Tracy Ave. to 255 Ft. West of Tracy Ave.; Easement line from Warden Ave. to Lift Station; Tracy Ave. from Hawke's Drive to Highway No. 169-212 (except that, should the Village SANITARY SEWER IMPROVEMENT Engineer determine it to be more economical to NO. 136 substitute construction of sanitary sewer in Tracy Avenue from Hawke's Drive to existing Trunk Sewer in Tracy Ave. for that proposed sanitary sewer in the Easement line from Hawke's Drive, this sub- stitution may be made as part of this improvement) CONSTRUCTION OF TRUNK WATERMAIN AND APPURTENANCES 2. IN TRACY AVENUE FROM EXISTING MAIN AT GROVE STREET TO HWY.#169 WATERMAIN IMPROVEMENT N0.139 IN THE FOLLOWING STREETS: 3. CONSTRUCTION OF LATERAL WATERMAIN AND APPURTENANCES Hawke's Drive; Hawke's Terrace; Warden Ave. from Tracy Ave. to 280 Ft. West WATERMAIN IMPROVEMENT N0.140 and the areas proposed to be assessed for the cost of said proposed improvements shall All lots and tracts of land abutting the streets proposed to be improved by the respective improvements. FOR WATERMAIN IMPROVEMENT NO. 139 - All lots and tracts of land within the following described boundaries: "Comm. at intersection of S. R/h line of U.S.Hwy.#169 and N. extension of W. line of Sec.5,Twp.ll6,R021; th. S. along N, extension of W. line of said Sec. 5 to s. line of N1/2 of Sec. 32,Twp.117,R.21; th.E. along s. line of said Nl/2 to w. lot line of Lot 9, VJarden Acres; th. N. to a pt. on W. lot line of Lot 9, said pt. being 227.91 Ft. N. of SW Cor. of said Lot 9; th. Parallel, Ely, with S. lot fine of Lot 9, Warden Acres to E, lot line thereof; the NEly to SI Cor. of Lot 6, ' be as follows: \ FOR SANITARY SEWER IMPROVEMENT NO. 156, AND FOR WATERWIAIN IMPROVEMENT NO. 140 -- I 5/25/59 Greenleaf Fk4anor; th. E. to $E Cor. of Lot 10, Greenleaf Aianor; th. NEly to a pt. on I'd. lot line of Lot 5, Garden Park, sait pt. being 264~t. N. of SW Cor, thereof; th. E. parallel with S. lines of Lots 5oand 6, Garden Park to a pt. dist. 55.6 Ft. E. a dist. of 630 Ft.; th. Nly parallel with EO lot lines of Lots 8 and 9, Garden Vi. of VJ. R/E? of IN&S Railroad; th. N. (3 00' E. a dist. of 146 Ft.; th. North 20 00' Park to the S. R/W line of U.S. Hwy.#169-212; th. Wly along said S. R/W line to the point of beginning." Motion for adoption of the Resolution was were five ayes and no nays, as follorvs: Tupa, aye; and Bredesen, aye; and the Resol . e; Kohler, aye; I COhTIIWATION OF APRIL 27TH HEARING ON PETITION OF E,¶?. T. M. BYRNES FOR PERMIT TO SUBDIVIDE LOT 6, BLOCK 1, NORMANDALE COURT. Mayor Bredesen asked Eh. Byrnes if he and his neighbors had come to an agreement, and Mr. Byrnes replied that he thought he has done the things necessary €or an agreement; however the neighbors protested. One gentleman, who had spoken at the last hearing but who has given his name neither time, asked that What remains of the deed reskrictions" be strictly adhered to-- 1500 square feet of living space on one floor, attached garage, and concrete drive- way. He asked that it be understood that the house is.to be a one story rambler type; that it will be neither high, nor the split-level type. He asked to be assured that the Council will insist that the lot be graded down, to the \Vest and to the North, and stated he had purchased his home with the assurance that the house on this lot would face West. Ph. Mertz inquired as to whether the level of the street had been permanently established, and Engineer Zikan replied that the level of "North" Normandale Court is permanently established; that the level of the "West" road must be tied into it. hlr. Pitt, 5028, who stated he had relied on his deed restriction, stated he feels that if the Village is sincerely interested in correcting its error, it should carve off this corner and charge the cost to all the residents in the Village; that the obligation to lilr. Byrnes does not diminish the village responsibility to others in the neighborhood. Attorney Hasselquist reminded audience that the Village has no responsibility as to enforcement of deed restrictions, this being a private matter between the property owner and the owners in balance of plat. Manager Hyde suggested that the matter be controlled at the time building permit is requested. diagonally across the street, advocated an "angular type" house for this lot. hlr. Mertz' list of stipulations for approval of house was reviewed. moved that matter be tabled pending presentation of application for building permit, and that approval of majority of neighbors be secured before issuance of permit. Motion seconded by Beim and carried. Ih. Hyde told neighbors that the grade of Vestf' Normandale Court will be established forthwith. PAr. Henderson, stating he .lives Dickson then PUBLIC HEARING ON PETITION OF WESTERN MEAT, INC. FOR REZONIIG FRO11 OPEN DEVELOPMEMT DISTRICT TO COFJMERCIAL DISTRICT OF PARCEL 702, SEC. 8, RVP. 116, R. 21--AREA SOUTH OF INTERSECTIOH OF CAHILL ROAD WITH HIGHWAY NO. 5. Publication, Posting and Mailing of "Notice of Hearing", which were approved as to form and ordered placed on file. conducted:and action taken as hereinafter recorded. was presented by Messrs. Hite and Findley, and Planning Commission recommendations for the rezoning of only that portion of the tract to be actually used by building and parking lot were reviewed. on its plans for properties abutting Highway No. 5, was read. came before the Council to object. a delegation from Glasgovi Drive, and the Roemhilds, neighbors, were also present. Objections were made on basis of property devaluation, noise and traffic nuisance. One Bloomington resident by the name of Pearson, who, it was reported, does maintain an equipment storage shed South of Highway 5, was most vehement that Edina maintain its residential zoning. It was suggested by Trustee Kohler that double bungaloivs be constructed on the area to the West of the proposed meat processing plant (which, Mr. Findley reported, was definitely not a slaughter-house) to act as a buffer. Manager Hyde told Council that Bloomington has a meeting, tonight; that there are some differences of opgnion there and that perhaps matter can be clarified after this meeting. further communication from Bloomington, was seconded by Beim and carried. Council pointed out to Edina residents that, should Bloomington rezone its side of Highway No. 5, Edina would be obligated, from both aesthetic and tax-base points, to permit commercial zoning in Edina. Clerk presented Affidavits of Pursuant to said Notice, public hearing was Plan of proposed establishment Bloomington's letter, which expressed no opinion Several persons Insofar as Clerk could determine, there was Tupa's motion, continuing Hearing until meeting of June 8, for 9 37 I. r *I e L. .. .n, I.." * u " X" I' b I, e I+ * 6 I u re4 w u U" b c %!%L?t 1 k I. 1 AWARD OF CONT#&?l"P: FOR ~ONST!lU~TEON ,, P#dJECT$. Tabulations of Bids taken this morning:.and action was taken as follows: Manager and Engineer presented I -. 1. BLACKTOP REPLACEMENT AFTER SEWER AND WATER CONSTRUCTION. Tabulation of Bids covering Blacktop Replacement on some fourteen streets showed only two bidders: Black Top Service Company, at $104,070.08, and Craig Alexander at $100,143.50. awarded two large blacktopping projects in the Village, the Village has been assured that this work can be completed in the time stipulated. award to low bidder, and Kohler so moved. In Fondell Avenue between Wooddafe and Oakfawn Avenues. Tabulation showed six bidders. Phelps-Drake Co., Inc., was low, at $12,638.60. Walbon Excavating Co. was second-low, at $13,641.05; and Barbarossa & Sons, Inc., third-low, at . $14,136.70. Recommendation was for award to low bidder, and Dickson so moved. Motion seconded by Beim and carried. Award made subject to State Board of Health In Wilryan Ave., W.64th to W-65th St.; Josephine Ave. from W.65th st. to 375 Ft. N. of W-64th St.; W.65th St. from Josephine Ave. to Wilryan Ave.; Easement line betw. Lots 8 and 9, B1. 2, and Lots 22 and 23, B1. 2, Normandale 2nd Addn. from Josephine Ave. to Wilryan AVe. Tabulation of Bids showed Shoppe Plumbing & Heating Co. to be low bidder, at $13,779*00; Barbarossa & Sons, Inc., second-low, at $14,718.30; and Walbon Excavating Co., third-low, at $14,882.00, of the six bidding contractors. Manager Hyde reported that this firm has not done any previous work for Edina; that they have done little watermain work; that they now have a U of M job which is way past its completion date, but that he has received word from St. Paul that Skegpets contracts for them have been satisfactorily completed, with Mr. Horton Lantry as foreman. JAr. Lantry, now representing shoppe, summarized his own construction experience, assuring Village of a good job. must be secured before construction can start; also, that State Board of Health has not yet approved plans. Kohler's motion, for award of contract to low bidder, subject to State Board of Health approval of plans, and submission of satisfactory utilities easements, was seconded by Tupa and carried. Manager told Council that although Craig Alexander has already been He recommended Motion seconded by Tupa and carried. 2. SANITARY SEWER IMPROVEMENT NO. 155 AND WATERMAIN IMPROVEMENT NO. 137-- 3. WATERMAIN IMPROVEMENT NO. 138 - (approval and removal of dirt from (street. Engineer zikan rembnded Council that a group of easements AWARD OF CONTRACT FOR JACKSON-BELWIORE LANE PARK SITE IMPROVEMENT. Parks Director French told Council that the Park Board is recommending award of Park Site Improvement Contract, to low bidder, contingent upon the Council's permitting the sale of some 48,000 Cu. Yds. of excess fill now on the site. recommendation was on the basis of Krahl Excavating company's low bid, in the amount of $8,949.70, with deductions for Retaining Wall in amount of $1,241.00 and Sodding, amount $1,050.00, for a Net Contract to Krahl of $6,658.70. Then, substituting C. W. Houle's bid for cultured sod, at $1,190.00--which would make the total construction cost $7,848.70. fill at Jackson-Belmore Lane could be used by the Board at the Division-Rutledge park site, but that no moneys had been allocated from Bond Issue Funds for improvement of this site; that, consequently, the Board recommends sale of excess fill to the highest bidder, the proceeds of sale to be used for improve- ment of Jackson-Belmore Lane. the Village as a whole", Manager Hyde stated that because of the very high cost of hauling in village 3-yd.; trucks he believes sale of fill would be better than attempting to stockpile and then haul as needed. only about $3,000 remains to be expended at Jackson-Belmore Lane from bond issue funds allocated; that sale of the fill at about 104 per yard permit the improvement on which contractors have bid. Mr. Hyde reported receipt by Park Department and himself of three written proposals for purchase of fill: mrcell Excavating Company, at $.1275 Yd. for 10,000 Yds. to be removed by 9/1/59; 10,000 Yds. to be removed by 3/15/60: Swanson Excavating Co., for 48,000 Yds. to be removed by 3/1/60, at $.09; J.A. Danens & Son, Inc., $.lo per Yd., to be removed within 18 months from date, Mr. French told Council that in order for Park Board to keep its promises to the neighbors for improvement of the park site this year, the fill should be removed by September 1; and it was reported that bids for purchase may yet be received. at the best price received and subject to removal of all dirt by September 1, 1959, that park site improvement contracts be awarded to @ah1 Excavating Company and C. W. Houle at $6,658.70 and $1,190.00 respectively, was seconded by Dickson carried . Board's Mr. French reported that the excess Asked by Council as to "what would be best for It was pointed out that . Kohler's motion that sale of fill be authorized SOFT ICE CREAM MACHINE CONTRACT AWARDED. only one bid--that of Edwards Equipment Company for a Taylor Model, at $2,739.75. There is $3,500 budgeted for this item, and it was the recommendation that contract be. awarded. seconded by Beim and carried. Tabulation of Bids showed receipt of Kohler's motion for award of contract as recommended was LITTER SCOOTER TO BE PURCHASED ;wgouT BIDS. Negotiations for purchase of a used litter scooter having been unsuccessful, it was recommended that Village purchase new Cushman Scooter at $775.00, without taking formal bids. been allocated for this. Kohler so moved. carried. $800 has Motion seconded by Dickson and I38 5/25/59 <$% ugf&ifk%ff m6fffl! -5% *I&@ ?ffffk!$ i%!ffff6$ Xi=*@l%.$.' The petition of George and Eleanor Maas, 5328 Birchcrest Drive, for extension of the curb and gutter project on Birchcrest Drive between Code Avenue and Hansen Road to include their lot, was received and discussed. Attorney Hasselquist was asked whether this lot could be assessed, inasmuch as it was not included in the improvement hearing, and he answered he believes it will be possible inasmuch as the assessment hearing has not yet been had, carried. (Note: Since time of meeting Athorney Hasselquist has advised Clerk that there is not statutory provision for the inclusion of any property in an area to be assessed for curb and gutter, unless that property has been included in area at time of improvement hearing) . Dickson's motion that petit& be accepted and work ordered in with present project was seconded by Tupa,/vJi ! h Kohler voting no, motion was PETITION FOR DELAY IN BLACKTOPPING OF PINE GROVE ROAD ACCEPTED. Council read the petition of Mr. John E. Bloomberg, for delay in the blacktopping of Pine Grove Road from Blake Road to West Highwood Drive, for the reason that the developer will be continuing West Highwood Drive into Idylwood Fourth Addition this year and installing sewer and gas, which will necessitate connections In Pine Grove Road. It was reported tliat contract for this work has already been awarded to Craig Alexander, and Mr. Zikan told Council that street will need some time to settle after these utility connections are made. Engineer be directed to consult with contractor in an effort to have this portion of contract cancelled without damage to Village. carried. Kohler's motion, that Village Motion seconded by E?eim and OILING PETITIONS ACCEPTED. Clerk, those in Brookview Heights being requests for oil now "regardless of Council's future action on permanent street improvements": Duggan Plaza, Meadow Ridge to Duggan Plaza Circle Everett Place, Tifton Drive to Abercrombie Drive W.60th St., Tingdale Ave. to Code Ave. The following Oiling Petitions were presented by Kohler moved that petitions be accepted and work ordered in. Motion seconded by Tupa and carried. oil jobs and vias informed that, for an oil coat job, the village is obligated by state stute to do no more than lay a dust coat, and that the temperature dictates the type of oil used hk. E. C. Stow inquired about village specifications for the PUBLIC HEALTH NURSING REPORT FOR APRIL was received, reviewed, and ordered placed placed on file. PETITION FOR USE OF SE'III*VAING POOL BY NORNINGSIDE FAMILEES AT $20000 PER FAMILY was briefly discussed. The matter of the school district association was brought out, and Mr, French told Council Park Board had considered this matter last year, and had felt that, other than the school children, Morningside residents should be given no more preference than other residents of neighboring communities. Kohler's motion that petition be referred to Park Board for its recommendations was seconded by Dickson and carried. MEmW ROAD STORM SEUER, SANITARY SEWER PETITIONS ACCEPTED. 4600 Meadow Road, who had sponsored the Storm Sewer petition pursuant to Council advice at his request for relief from drainage problems, told Council that all persons signing storm sewer petition also want Sanitary sewer. action on the Storm Server petition, saying his drainfield is now backing up because of the surface water. Mr. Grzeskowiak's property of this water, Engineer Zikan replied that there is not; that there is nowhere to pump the water. storm sewer, E&, Zikan told Council that engineering tvill/&mplicated and time consuming and that he cannot, now, give a date for its completion; that the Sanitary Sewer project would be more simple. expedite the Sanitary sewer petition, in order that he might be relieved of this particular problem; and Tupa moved for Hearing on Sanitary Sewer in Meadow Road at the earliest possible time engineering data can be completed. by ftickson and carried. COUIkIL INITIATES PROCEEDINGS ON BROOKVIEW HEIGHTS STREET IMPROVEMENTS. Weatherbee, President of Brookview Heights Council, reviewed for Village Council informal proceedings to date on matter of permanent street improvements, stating that the majority of the residents do want some type of permanent improvement but cannot reach an agreement as to what it shall be. length on the advantages to the Village in installing concrete paving with integral curb, stressing the very small maintenance costs for this type of improvement, and advocating that the Village subsidize some part of the improve= ment, as is done in other municipalities. method of assessment for the various improvements, and it was decided at hlr. Hyde's suggestion and by common consent of Council that: P4r. James Grzeskorriak, He asked for quick Asked by Council if there is any temporary way to relieve Asked about time €or Hearing on a Council told petitioner they would attempt to Motion seconded I NIr. George Manager Hyde talked at some Discussion was also had as to possible 5/25/59 I39 1. 2. Village Manager will secure for Council further information concerning,- comparative maintainence costs on concrete paved vs. blacktopped streets':' Village Engineer will prepare plans and specifications for: 1. Concrete Paving with Integral Curb for all streets in area 2. Blacktopping of all streets in area, with Curb and Gutter wherever necessary to control drainage fksites for concrete Curb and Gutter to be determined by the Village Engineer). 3. Council will take bids and hold Public Hearings on both projects as soon as engineering data is ready, and with the view of having the work completed this summer if at all possible, and with the idea of assessing over the entire area on a per-lot basis for whichever improvement is ordered in, subsidizing some portion of the curb, gutter-concrete paving project if this project should be deemed in the public interest.' This arrangement was agreeable with the delegation present. BIDS FOR IMPROVEMENT PROJECTS AUTHORIZED. Engineer Zikan asked for authority to advertise for bids for several improvement projects approved. Council grant permission for the removal of sand and gravel from W.70th St. from France Avenue to 1450 Ft. East of France, stating that this location contains a good quality of sand and gravel, which can be stockpiled to good advantage, for future use by the Village. adoption: He also asked that Tupa offered the following Resolution and moved its RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED BLACKTOPPING, CURB AND GUTTER, STORM SEWER AND GRADING IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village council of the Village of Edina: .Gutter, Storm Sewer and Grading Improvements set forth in the following Advertise- ment 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: 1. The plans and specifications for the proposed Blacktopping, Curb and The Clerk shall cause to be published twice in the Edina-Morningside ADVERTISEMENT FOR BIDS BITUMINOUS SURFACE TREATMENT, CURB AND GUTTER, STORM SEWER AND GRADING NOTICE 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 50th Street at 11:OO A.M., Monday, June 8, 1959, and that the Edina Village Council will meet at 7:OO P.M., on Monday, June 8, 1959, to consider said beids, being for the following : A. BITUMINOUS SURFACE TREATMENT OF THE FOLLOWING STREETS: 1. 2. West 55th Street from Xerxes Avenue to York Avenue. 1. West 55th Street from Xerxes Avenue to York Avenue. 1. West 55th Street from York Avenue, west to Minnehaha Creek. GRADING OF THE FOLLOWING STREET: 1. West 70th Street from France Avenue to 1450 feet east of France Ave. Work must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $5.00, which deposit will be refunded upon return of said plans and specifications. undersigned before 11:OO A.M., Monday, June 8, 1959, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. the right to reject any os all bids. BY ORDER OF THE VILLAGE COUNCIL. Southcrest Drive from Upper Terrace to West 66th Street. B. CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWING STREET: CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: C. D. Plans and specifications are available for a No bids will be considered unless sealed and filed with the The Council reserves GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract for said improvement. Each and all of the terms of the foregoing advertisement for bids are Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as not voting; Tupa, aye; and Bredesen, aye; Kohler was temporarily absent from meeting W Village Clerk ROHNER REQUEST FOR ASSESSMENT RELIEF--ACTION DELAYED. Engineer Zikan reported that work is not completed, but should be by next meeting. next meeting. Action tabled to 5/25/59 . ..U.YI*~~I".-"=.PTO-.--.".~"~-."-.~~-.~-".~.~~..~ r$TOtl)'S EDGQdOOR UTILITIES EXTENSIONS DTtSCUSSED. ),tanager Hyde reported receiving reauest for sewer and water permits for the house beinq purchased by !Ar. Russell Joinson in Stow's Edgemoor Addition, beyond present utilities extensions. He also reported that there are four homes on Heatherton Trail under construction, without means for sewer service; that these lots are too small for cesspools. Developer E. C. Stow explained that these lots have been sold with the under- standing that the builder must pay cash for sewer and water if it is necessary for the developer to finance the utilities; but that he has been waiting for the Council to formulate its policy on the financing of utilities in new developments, before taking any action on utilities extensions in Edgemoor. Council Minutes of November 12, 1957 were reviewed by Council for Mr. Stow. Council's policy that, should Village finance extension of sewer and water in the first portion of the development, hk. Stow would extend utilities in the balance of the development at his om expense. hlr. Stow in the negotiations for Village financing of utilities in the first part of the Stow's Edgemoor plat, agreed with the content of these hlinutes. Trustee Dickson informed Mr. St'ow that, regardless of Council's financing policy on new plats, the November 12, 1957 agreement with regard to Stow's Edgemoor utilities extensions still stands. Mr. Stow again protested Council action in granting ten-year utilities assessments for the South Garden Estates developments (Coffman Realty Co.); and Mayor Bredesen once again reviewed for JAr. Stow that these assessments were permitted as part of an agreement for dedication-purchase of certain specific land in South Garden Estates, which was desired by the Village-- and that in permitting ten-year assessments €or South Garden Estates Council was honoring its agreement, just as it is honoring its agreement of November 12, 1957 with hlr. Stow by requiring him to extend his own utilities into the balance of Stow's Edgemoor Addition. Llr. Stow told Council that all but four lots in the first development haaie been sold. lots in the development assessed for utilities, pre-payments on assessments has been made on only seven lots to this date. this matter, but no action was taken. They set forth the Attorney Hosmer Brown, who had represented Report was made by office that, of the 28 Some further discussion was had on "LAKE EDINA CONTINUATION" PRELIMINARY PLAT APPROVED. Mr. Hosmer Brown told .Council that developers will make either of the two following dedications: 1. Will make a cash donation of $9,000 to the Village, to be used for park purposes; or 2. Will dedicate the lake, give storm drainage easements into and out of the lake, 'will grade the lots so that any basement can be built to an 826-foot basement floor minimum elevation, and will deed "Outlot 1" (a strip of land between the lake and Highway No. 100) to the Village for park purposes; the understanding with regard to easements for storm drainage being that said easements will not be used as part of Lake Cornelia Storm server until the Village is granted proper governmental permission to use Nine-Mile Creek as outfall for storm sewer project. Manager Hyde recommended acceptance of the second alternate. Mayor Bredesen asked hb. E. c. Stow about his offer to sell the Village some twelve lots in the plat at $2,000 per acre, but hlr. Stow denied making firm offer on this basis. blr. Brown replied that principals are willing to deed twelve lots to the Village for a cost equal to that of the land acquisition cost plus their estimate of these particular lots' pro-rated cost of development exclusive of roads; that developers would prefer that Council does not ask for twelve lots in a row, because this would leave developers the task of selling a tier of lots facing the park; that they would prefer to have Council take six lots on each side of the street. cost to the village on this property. that cost of land acquisition, plus interest, is considerably over $1,000 per lot; that principals feel cost per lot to the Village on the basis outlined above should be $1,500 per lot. development of a ten-acre park in this area would depend largely upon development around this particular plat. the hill therein remain untouched. lots on both sides of the street would be that the Park Board would not be assessed €or utilities in the street; however, Mr. French pointed out that, were the lots to be in one tier the street would afford access to the entire park; also, that it will be difficult to make plans for that part of the park backing up to private property. told Council that the park board does not want the lake; that maintenance would be difficult and that the lake, itself, has no value as a "park". whether dedication of the lake would mean the right of the public for a walk-way between the lake lots and the lake, hfro Brown replied in the negative; and Mr. French added that the only public access to the lake would be from "Outlot 1". Stow told Council developers would prefer that lake be privately owned, so that it could be privately beautified and policed. told Council that the lake must still be used for the "Normal drainage area" and that pipes will have to be run into it by the developers to take the run-off from this plat. klr. Brown and his principals then adjourned to discuss, further, the When they returned, Mr. Brow told Council Mr. French was asked for his recommendations, and stated the He asked that, if Council does purchase this property, It was noted that one advantage of accepting Discussion then went on to the matter of dedication of the lake. Mr. French Asked by I&. Tupa Mr. Engineer Zikan asked that the matter of storm sewer drainage be clarified. He Messrs. Stow, Brown and Root agreed that this use of the lake is 5/25/59 141 satisfactory and agreeable--that the only protection they want is $he assurance that the lake will not become a part of the Lake Cornelia storm sewer project until the Village has assurance that Nine-Mile Creek can be used as outfall. asked that the cost of the pipes running into the lake be assessed against "all the normal drainage area", but this matter was not discussed further. advocated keeping title, with understanding that condemnation award be contributed to the Village for park use. little use to the Village as a park, after condemnation. Trustee Kohler suggested that "Outlot 1" be deeded to the village, with understanding that that portion not condemned for Highway No. 100 purposes will be deeded back to developers. Messrs. Stow, Brown and Root were in agreement with this suggestion. Some discussion was had as to estimate of $15,000 given by Mr. Stow at the last meeting as cost of filling the lake lots to the level required by village. Mr. Hite told Council that, working from the plat topography and plat street profiles, both submitted by developers, he estimated that a maximum of 6,000 yards would be needed for the required fill; that this dirt is all on the plat; that, at a cost of $,25 per yard for moving , the total fill cost should be about $1,500, Mr. Stow protested vehemently against this report, and it was brought out in discussion that because of grading Idy Mr. Stow after preparation of plat topo- graphies and profiles, lot levels are not at present time at levels set forth in these respective topographies and profiles. Kohler then moved that Preliminary Plat of "Lake Edina continuation" be approved subject to the following stipulations: 1. Developers will provide recordable easements running to the benefit of the Village, for the storage, flowage and drainage of surface waters, natural or otherwise, in the lake designated on the plat, which will permit the Village to raise lake level to 825 feet to accommodate storm waters from the Lake Cornelia drainage district. over and across said plat into the fake, and recordable easements out of the lake in said plat, as necessary for development of proposed Lake Cornelia storm sewer project and the emptying of surface waters into Nine-Mile Creek. of said easements shall be approved by Village Engineer. stipulations Nos. 1 and 2 above will not be used by the Village until any necessary governmental permits are obtained for use of Nine-Mile Creek as outfall for the Lake Cornelia storm sewer project, (Amended 6/8/59--See P.145) 4. lots surrounding the lake designated on the plat. (Amended 6/8/59--See P.145) 5. Developers will give Village an option, to expire July 1, 1960, to purchase at not more than $1,500 per lot, all or part of the lots described on this Preliminary Plat as Lots 9 to 18 inclusive, Block 8, and Lots 22 to 31 inclusive, Block 7. No. 100 as "Outlot 1" and will deed Outlot 1 to the Village, with the understanding that the Village may return to developers any portion of Outlot 1 not condemned for right-of-way for Trunk Highway No. 100. (Amended 6/8/59--See P. 145) satisfactory to and approved by the Village Attorney. Mr. Stow' Discussion was then had on the matter of dedication of "Outlot 1". Mr. Stow Mr. French told Council that this strip will be of 2. Developers will provide recordable pipe line or storm sewer easements Location 3. Village will give developers its assurance that easements provided in Developers will dedicate minimum basement elevations of 826 feet for all 60 The Developers will designate that strip lying between Lake and Highway 7. All of the above referred to easements or instruments shall be in a form Motion was seconded by Dickson, and a rollcall vote was taken, being as follows: Beim, aye; Dickson, aye; Kohler, aye; Tupa, aye; and Bredesen, aye; and motion was unanimously carried. - SALE OF VILLAGE LOTS DISCUSSED. a buyer for the first/28YE South of 60th Street on the West side of St.Johns Avenue; that, if the lots were good buildable lots they would be work aboulb $3,500. They are low, however, and it is estimated that filling would cost about $1,000 per lot; that piling would be about $1,500 per lot; that there are special assessments against them in an amount of $590 per lot. recommended that (should there be no drainage problem involved) the lots be sold at a maximum of $3,500 per lot, that special assessments be paid off and buyer furnish proof of Eilling and piling costs, with Village to receive the balance, Engineer Zikan reported that the filling of these lots may pose a drainage problem for the dwellings on Ashcroft Avenue, which back up to this vacant property; and it was decided by common consent of Council that the drainage problem be investigated and report on same be made before definite action on sale of lots is taken. Manager reported that agent €mil Fronk has found He HIGHWAY NO. 100 AND HIGHWAY NO. 169 PLANS DISCUSSED BY COUNCIL. Discussion was had concerning points made this afternoon, at a meeting with Minnesota Highway Department, St.Louis Park, and Edina officials. Trustee Kohler suggested that Edina's planning officials begin work, right now, with St.Louis Park, so that 142 5/25/59 ' .. may be continually informed and protected against the new Highway No. 169 route's taking Edina's commercial psoperty. . treatment (or lack thereof) of protests made by Edina Country Club, Sunnyslope delegation; and of intersection at W.66th Street, as pointed out at the Public Hearing before the Highway Department held here recently. suggested that Manager summarize the remarks made here this evening, informing Highway Department that, as a condition of approving plans for the Crosstown brindge, this Council understands that the Highway Department will cooperate with Council on Highway No. 100 plans, Mr. Kohler stated he feels that bridge plans should not be approved until Highway Department and Council have come to some firm agreement on No. 100 plans, but in discussion it was pointed out to him that the location of the bridge has been established and that approval of plans, now, may eliminate traffic-flow difficulties later. Mr. Posthumous, Interlachen Blvd., told Council that the indicision as to the route of Highway No. 169 has created difficulties for himself and others along the presently proposed route, that they would like the route definitely located just as soon as possible. Trustee Kohler told him that St.Louis Park has repeatedly indicated that it will not approve the presently proposed route through that city; that the Park and the Highway Department hope to have some workable arrangement by January 1 of next year, and that this is the best that Edina can hope for, insofac as timing is concerned. Council talked of Highway Department's Trustee Kohfer BRIDGE PLANS APPROVED FOR HIGHWAY 100-CROSSTOWN HIGHWAY INTERSECTION. Pursuant to the immediately foregoing discussion, formal plans €or the Highway No. 100- Crosstown Highway Bridge were presented, together with form of Resolution Approving. Dickson offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS FOR HIGHNAY NO. 100-CROSSTOMV HIGHWAY BKltLXjE VJHEREAS, The Commissioner of Highways has prepared plans and specifications for the improvement of a part of Trunk Highway No. 130 renumbered as Trunk Highway Number 100 within the corporate limits of the Village of Edina, for Highway Separation T.H1 100 over C.S.A.H. 62 (63rd St.); and St. Paul, Minnesota, being marked, labeled, and identified as S.P. 2733-28 (T.H.100=130), Bridge No. 9500; and Highways, Saint Paul, Minnesota, being marked, labeled and identified as S.P.2733- 28 (T.H.100=130), Minnesota Project U 031-l(2) , which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated !hay 1, 1959, on file in the office of the Commissioner of Highways, con stitute the sDecifications: IWEREAS, said plans are on file in the office of the Department of Highways, \WEREAS said specifications are on file in the office of the Department of for said improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100; and VHEREAS, copies of said plans and specifications as so marked, labeled, and IWEREAS, the term "said plans and specifications" as hereinafter used in the identified are also on file in the office of the Village Clerk; and body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and specifications as in the foregoing recitals particularly identified and described. NOW, THEN, BE IT RESOLVED that said plans and specifications for the improve- ment of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the limits of the Village of Edina be and hereby are approved, BE IT FURTHER RESOLVED that the elevations and grades as shown in said plan's and speci€ications be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 130 renumbered as Trunk Highway Number 100 in accordance with said plans and spec i f icati on s , Motion for adoption of the Resolution was seco were four ayes and one not voting, as f not voting; Tupa, aye; and Bredesen, aye; Village Clerk CLAIMS PAID. of the following Claias, as per Pre-Bist dated May 25: Motion was made by Tupa, seconded by Dickson and carried, for payment General Fund $51,614.85 Liquor Fund $88,029 24 269.92 Construction Fund 12,5651 41 Sewer Rental Fund Park & Park ConstSund 7,444-65 Improvement Funds 28 , 377.90 Water Fund 7,619 29 PIR, Temp,Impr. 15,012.85 $211,034.11 uad v 1 :% S~ J (I 5/25/59 i' C.C. LUDWIG TO RETIRE FROM LEAGUE OF MINNESOTA MUNICIPALITIES. Mr. Ludwig's retirement from the League, and Dickson offered the following Resolution and moved its adoption: A RESOLUTION Mr. Hyde report@&- IN APPRECIATION OF THE EFFECTIVE SERVICE OF TO CLARENCE C. LUDWIG THE VILLAGE OF EDINA WHEREAS, for the past twenty-four years, Clarence C. Ludwig has dedicated himself to the improvement of local self-government in Minnesota during his tenure as Director of the Municipal Reference Bureau of the University of Minnesota and Executive Secretary of the League of Minnesota Municipalities; and Minnesota has resulted in significant progress in the €unctioning of village and city government; and WHEREAS, Mr. Ludwig's counsel has been of great assistance on many occasions to the Village of Edina: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Trustees of the Village of Edina, that Mr. Ludwig's achievements on behalf of local government be publicly recognized and appreciated, and 1 *:* '::* BE ~ IT FURTH/33 @SO&+VJjp pty03;' <nb. 'TX$~ ,+qf:,the-. be expressed "to Mr. Luawig. WHEREAS, Mr. Ludwig's effective service to all municipalities in off.%qJ & ,ap& eqso.na $, w%*e e,.&% ; the4 c e <- dina for, a,'fqng.b and, ppasakt -'ret%sehe& * 1 . * ,:. 'i. I' i ,s Motion for adoption of the Resolution was seconded by Beim, and on Rollcall im, aye; Dickson, aye; ii ? c'. (7 .. . 1) <&' PAYTON COURT SECOND ADDITION PRELIMINARY PLAT APPROVED. Mr. A1 Payton was present, to hear Mr. Hite inform the Council that the provisions set forth as conditions for approval for preliminary plat have been met and that Mr. Hite recommends approval by Council. Asked about building restrictions, Nlr. Payton said that he will require 1,500 square feet on top floor; that he wants to construct one tri-level if: possible. which were reviewed by Council, stating he intends to use none of the plans used in Payton Court. motion was seconded by Tupa and carried. He presented several plans, Beim moved for approval of Preliminary Plat, and BASEMENTS ORDERED FILLED--6220 CRESCENT DRIVE AND 6208 WESTRIDGE BLVD. Mr. Hyde reported that there has been no work at these locations for several months and that the excavations are hazardous. the proper action to have builders fill them. seconded by Beim and carried. He asked authority to take Kohler so moved. Motion STORM SEWER DISCUSSED, FOR DUNBERRY LANE FROM POINT DRIVE TO OAKLAWN AVENUE. Mr. Hyde reported that this particular one block is in need of storm sewer installation. He asked what procedure can be followed in order that it may be installed, now, and then be assessed as a part of the proposed Lake Cornelia project. Matter referred to Attorney Hasselquist for his opinion on procedure. CIVIC AND IMPROVEMENT ASSOCIATION MEETING ANNOUNCED. of the public meeting to be held in the Village Hall on Wednesday evening, sponsored by the Edina Civic and Improvement Association, with E&. David Loeks speaking on "Edina at the Crossroads". Mr. Hyde reminded Council FIRE INSURANCE COVERAGE TO BE ADVERTISED FOR BIDS. Finance Director Dalen reported that the Village's fire insurance coverage expires July 1 on most of its building. He suggested taking bids on June 15, and it was so ordered. LIQUOR STORE BURGLARY INSURANCE AWARDED TO BRANWW AGENCY. receipt of three informal bids on Money & Securities and Open Stock Burglary coverages for the Liquor Stores, Brandow Agency being low bidder for MBS Coverage of $5,000 and Open Stock Burglary coverage of $7,500 for three-year period expiring June 3, 1962, at premium of $749.06. be renewed with Brandow Agency at bid premium. Mr. Dalen reported I It was ordered that coverage *=. 5/25/59 f. SIDEWALK REFAIRS TO BE MADE ON NORTH SIDE OF W.50TH STREET, Mr. Hyde reported having received complaints on the condition of the sidewalks on the North side of VJ.50th St. necessary might be made. ment for repairs where repairs have already been assessed and walk is still bad. This matter was briefly discussed, but no action was taken. He suggested that the proper notices be sent out, so that such repairs as are hlr. Hyde then inquired about assess- It was so ordered. SUBDIVISION FINANCING PLAN ACCEPTED. Pursuant to bond credit investigation and previous Council discussions on this matter, Manager Hyde presented his written recommendations with regard to the financing of improvements in new subdivisions. He told Council some details still remain to be worked out, such as the time €or payment by the developer of assessments on unsold tracts (shall it be with the taxes or at some certain specified date?) accounting purposes these payments should be made with the taxes. Developer E.C. Stow was present during discussion, stating he feels the terms set forth in these recommendations are fair, and that the Minneapolis Home Builders Association will be satisfied with them. Attorney Hasselquist told Council that policy can be formalized by adoption of a Resolution; and Dickson's motion, that Resolution be drafted, incorporating recommendations set forth in Manager's recommendations, for action by the Council at its next regular meeting. carried. study before meeting. herewith attached and made a gart of the official minutes of this meeting. * ""- It was decided by common consent that for Motion seconded by Beim and \kitten recommendations as set forth at this meeting are Trustee mpa asked for early transmittal of resolution to council, for I _- ..---..h, __I ,--- ,- cIcIIm.- a%?-"-.- Li^r4 ....-_ -- ._I *. I -,x*.&eT--- --.--.---_---II ... qr %"- a7 TI_ Council's having met from 7:OO P.M. to 12:20 A.M., Tuesday, May 26, it was concensus that meeting adjourn forthwith, and Kohler so moved. carried, # Motion seconded by Tupa and 2 Village Clerk