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HomeMy WebLinkAbout19590608_regularc 6/3/59 MINUTES'OF THE REGULAR MEETING OF THE FD'INA VILLAGE COUNCIL, HELD MONDAY, JUNE 8, 1959, AT 7:OO P.M., AT THE EDINA VI-LLAGE HALL Members answering Rollcall were Beim, Dickson, Tupa and Bredesen. MINUTES of the Regular Meeting of May 25, 1959, were submitted for approval. Discussion was had concerning the suggestions made by letter by Attorney Hosmer mown relative to Council action on "Lake Edina Continuation, as recorded in said Minutes on Page No. 141 of this book. the Minutes of May 25, 1959, be amended to read as follows: Page 141 of Minute Book No. 22 - Referring to stipulations for approval of Preliminary Plat of "Lake Edina Continuation: Stipulation No. 3 shall be amended to read, ffVillage will give developers its assurance that easements provided in 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 and until it has definitelv been ascertained bv comDetent independent ensineerins studies that Nine Mile Creek can take the out-flow from said lake so as to prevent the elevation of same risins above the 825 feet level". minimum basement elevations of 826 feet for all lots surrounding the lake designated on the plat. designate that"st"ip lying between Lake*and .Highway No. 100 a5 "Outlot 1" and will deed Outlot 1 to the Village, with the understanding that the village 7 shall return to developers any portion of Outlot 1 not condemned for right-of- way for Trunk Highway No. 100. Dickson moved that Stipulation No. 4 shall be amended to read, "Developers will establish Stipulation No. 6 shall be amended to read, "The Developers will Motion was seconded by Tupa and carried. Dickson then moved for acceptance of the Minutes of the Meeting of May 25, Motion seconded by Tupa'and carried. 1959, as amended by the preceding motion. CONTINUATION OF MAY 25TH PUBLIC HEARING ON PETITION OF WESTERN MEAT, INC., FOR REZONING TO COMMERCIAL. DISTRICT, PARCEL 702, SEC. 8, TWP. 116, R.21 (Tract between Highway #5 and South Village Limits, South of Cahill Road-Highway 5 Intersection). This Hearing had been continued from the last regular meeting, in order that-Edina Council might have some indication of Bloomington's intent on the rezoning of its Highway No. 5 properties. reported that he had attended the Bloomington Council Meeting this last Friday evening; that, at this time Bloomington has no intention of zoning neighboring properties along Highway No. 5, but that it does not commit itself on future policy; that the,Bloomington Planning Commission feels very strongly that this is and should continue to be a residential area; that they draw the line for commercial rezoning at the railroad tracts, saying there will be no commercial rezoning West of this line. Mr. Bill Pearson, 7831 E. Bush Lake Road, once again protested against this proposed operation, as did Mrs. O.P. Roemhild, 5601 W.78th St., and the delegation from Glasgow Drive. Mr. Findley, representing Western Meat, Inc., told audience that there will be no cooking at the plant; that meat will be brought in in carcasses, cut, boned, frozen and packaged, and then trucked out; that there will be no odor; that scraps will be hauled away daily. Council was reminded that Planning Commission had recommended rezoning only that portion of the tract which is to be used for plant and parking lot, and Tupa offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as offered : Planning Director Hite ORDINANCE NO. 261-49 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 7, Commercial District of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 7 an additional sub-paragraph as follows: "(i) That part of the East One-Quarter (E1/4) of the Southwest One-Quarter (SW1/4) of the Southeast One-Quarter (SE1/4) of Section Eight, Township On6 Hundred Sixteen (Sec.8, Twp.116) Range Twenty-one (21) lying South of State Highway No. 5". (Note: This is the E1/2 of Parcel 702, Sec.8,Twp.ll6,R.21) 146 6/8/59 5 Section 2. This ordinance shall be in effect immediately upon its passage and publication. Motion €or waiver of second reading and adoption of Ordinance as offered was seconded by Dickson, and on Rollcall there were f, ur ayes and no nays, as follows: Beim, aye; Dickson, aye; Tupa, aye; and Bredes <,]ye; and e Ordinance was [Md&+ Mayor Village Clerk PUBLIC HEARING ON PETITION FOR VACATION OF ALLEY B€iTVEEN BELMORE LANE AND MALONEY AVENUEAND BEmEEN MONROE AND MADISON AVENUES. Publication in Edina-hlorningside Courier hlay 21 and 28, 1959, and Affidavit of Posting, May 21, 1959, of "Notice of Public Hearing". as to form and ordered placed on file. on petition for Vacation of Alley was conducted, and action was taken as herein- after recorded. First, it was noted that petition is for vacation of all the alley except the North 58feet thereof, and that the Planning Commission has recommended the vacation as petitioned. Clerk presented letter from Northern States Power Company, notifying Village that the Company has a service line in this alley but has no objections to Vacation providing easements are granted for the service line. There were no objections registered at the Hearing, and no written objections had been filed prior thereto. Delegation told Council petition has been tendered in order that back yards might be improved; that, with the exception of the properties at the North end, there are no garages on the alley, and that because of the topography the alley cannot be used without considerable expense. ita adoption: I Clerk presented Affidavit of Affidavits were approved Pursuant to said Notice, Public Hearing Tupa offered the following Resolution and moved RESOLUTION VACATING ALLEY PORTION OF ALLEY BETWEEN BELKORE LANE AND MZONN AVENUE AND BETWEEN IIKINROE AND MADISON AVENUES \WEREAS, a majority of the owners of the land abutting on the North-South Alley in Block 12, West Minneapolis Heights Addition and lying between Belmore Lane and Maloney Avenue and between Monroe and Madison Avenues, have petitioned €or the Vacation of that portion of said Alley lying South of the North 58 feet thereof; and had on said petition on June 8, 1959, at 7:OO pome, has been given and made, and a hearing has been had thereon by the Village Council: NOH7 THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota that "All of that North-South Alley lying in Block 12, West Minneapolis Heights Addition and lying between Belmore Lane and Maloney Avenue and between Monroe and Madison Avenues, as the same is recorded in the office of the Register of Deeds of Hennepin County, Minnesota, except the North 58 feet of said alley, shall be and hereby is vacated," I%iEREAS, two weeks' published notice and posted notice of a hearing to be Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows aye; and Bredesen, aye; and the Resolutio , aye; Dickson, aye; Tupa, ( (Tupa then moved, directing the Village Clerk to delay the recording of the above Resolution until such time as Northern states Power Company has notified the Village that all required easements have been filed with the company. seconded by Dickson and carried. Motion BUILDING RESTRICTION LIFT ASKED FOR GARAGE ON STUB ALLEY, 401 MADISON AVENUE. Mr. Leslie Nielson, 401 Madison Avenue, asked permission to move his garage closer(than the presently required five feet) to the alley line, inasmuch as most of the alley is being vacated and will not be used for travel. was taken, although concensus was favorable to request. consult with Building Inspector at the time he had formulated his plans. No formal action Mr. Neilson was told to MIRROR LAKES DRIVE SANITARY SEYJER HEARING CONTINUED TO JUNE 22. reported on a meeting this past week with owners of properties on this street, and that because they are concerned with recurring street reconstruction expense they are now circulating petition for sanitary sewer and for watermain with understanding that they need not be actually served with water until 1961. ing Hearing until June 22, and Tupa so moved. Manager Hyde He recommended continu- Motion seconded by Dickson, carried. RE-BLACKTOPPING ASSESSMENT POLICY REQUESTED. In connection with Mirror Lakes Drive utilities, Manager Hyde requested that the Council give some thought to formulating a policy concerning the re-blacktopping of streets. AWARD OF BIDS TAKEN TODAY: action was taken as.hereinafter recorded: (Street Improvementi No. A-144) j and West 55th Street from Xerxes Avenue to York Avenue (Blacktopping portion of Storm Sewer Improvement No. 45). Only one bid tendered--that of Craig J. Alexander, at $10,041.00, which is some $400 below Engineer's Estimate.\ hkc. Hyde recommended award of contract. to Alexander, and Dickson so moved. Motion seconded by Beim and carried. (Street Improvement No. B-62). $1,306.34; Victor carlson & Sons, Inc. $1,537.96. Recommendation was for award of contract to low bidder, and Tupa so moved. and carried. 3. STORM SEWER IMPROVEMENT NO. 45--West 55th st. from York Ave., West to Minnehaha Creek, Four bidders, with Barbarossa and Sons, Inc. low at $3,171.95; Allied Excavating Co. Inc. at $3,595.78; Shoppe Plumbing & Heating Co., at $3,761.30; and Phelps-Drake Co., Inc., high bidder at $3,918.68. Recommendation was for award of contract to Barbarossa and Sons, Inc. Dickson so moved. Motion seconded by Tupa and carried. 4. GRADING-W.70th St. from France he. to 1450 Ft. E. of France Ave, Only one bid--that of M.E. Kraft Excavating and Grading Co., Inc., at $6,800. Engineer reported that this bid is much higher than estimated, reason being that the County will not allow Tournapulls to cross France Avenue to stockpile the material. reported that it would be less expensive for the Village to replace the 40-fOOt intersection if necessary, than to haul by truck. to re-advertise for bids tomorrow providing he can obtain County permission for France Avenue crossing by the scrapers, and Tupa so moved. Dickson and carried. permission.be denied by County, further consideration would be given to this present bid at the next regular Council Meeting. Tabulation of Bids taken today was presented, and 1. BLACfCTOPPIhG--Southcrest Drive from Upper Terrace to W.66th Street 2. CURB AND GUTTER-- West 55th Street from Xerxes Avenue to York Avenue Two bidders, with Arnold Beckman low bidder at Motion seconded by Beim He Manager asked for authority Motion seconded by It was understood by bidder and Council that, should 1 PETITION FOR CURB AND GUTTER IN UPPER TERRACE FROM SOUTHCREST DRIVE TO BRITTANY ROAD ACCEPTED. Council's taking immediate action to initiate proceedings for the improvement because Blacktopping contract has been awarded. recorded . ) This petition was filed with Council, and Manager Hyde suggested (See action hereinafter PUBLIC HEARINGS SCHEDULED FOR JUNE 22, ON PROPOSED IMPROVEMENTS. Pursuant to report by the Village Engineer as to practicability of having work done this year, Tupa offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED CURB AND GUTTER IMPROVEMENTS BE IT RESOLVED by the Council of the Villaqe of Edina: 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Curb and Gutter Improvements described in the Form of Notice of Hearings set forth below, and as to the estimated cost of 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. time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second of which publications 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, June 22, 1959, at 7:OO P.M., in the 3. The Clerk is hereby authorized and directed to cause notice of the NOTICE OF PUBLIC HEARINGS ON PROPOSED CURB AND GUTTER IMPROVEMENTS NOTICE IS HEREBY GIVEN that the Edina Village Council will meet at the Edina Village Hall on Monday, June 22, 1959, at 7:OO P.M., to consider the following pro- posed improvements to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. the Village Engineer as set forth below: CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWING STREETS: The approximate cost of said improvements is estimated by ESTIMATED COST I 1, Upper Terrace from Southcrest Drive to Brittany Road $3 y 074.40 2. West side of West Shore Drive from N. lot line of Lot 10, East side of Hansen Road from Birchcrest Drive to 125 . B1. 1, Woodhill Addn. to N. lot line of Lot 9, B1. 1, Woodhill Addn. $ 345.84 3. feet North $ 332.64 . f@ 6/8/59 The areas proposed to be assessed for the cost of said proposed curb gutter improvements includes all lots, blocks and tracts of land abutting respective streets proposed to be improved. GRETCHEN S. ALDEN Village clerk and the - Motion for adoption of Resolution was seconded four ayes and no nays, as follows: Beim, aye; 'Bredesen, aye; and the Resolution was adop m, and on Rollcall there were And Tupa offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED CURB AND GUTTER AND GRADING IMPROVEMENTS AND DIRECTING ADVERTISERENT FOR BIDS The plans and specifications for the proposed Curb and Gutter and Grading BE IT RESOLVED by the Village Council of the Village of Edina: Improvements set forth in the following Advertisement €or Bids form, heretofore prepared by the Village Engineer and now on file in the office o€ the Village Clerk are hereby approved. 2. The clerk shall cause to be published twice in the Edina-Morningside Courier and the Construction Bulletin the following notice for bids for said improvements: 1. ADVERTISEMENT FOR BIDS CURB AND GUTTER AND GRADING IMPROVEMENTS NOTICE IS HEREBY GIVEN that sealed bids will be received office of the Village Manager in the Edina Village Hall, 4801 11:OO A.M., Monday, June 22, 1959, and that the Edina Village at 7:OO P.M., on Iblonday, June 22, 1959, to consider said bids follpwing : 1. West 70th Street from France Avenue to 1450 feet East 1. Upper Terrace from Southcrest Drive to Brittany Road. A. GRADING OF THE FOLLOWING STREET: Bo CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWIKG and opened in the vjest 50th Street at council will meet being for the of France Avenue. STREETS : 2. 3. West side of West Shore Drive from North lot line of Lot 10, Block 1, East side of Hansen Road from Birchcrest Drive to 125 feet North. Woodhill Addition to the North lot line of Lot 9, Block 1, Woodhill Addn. Vork 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 22, 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. or all bids. Plans and specifications are available for a No bids will be considered unless sealed and filed with the The Council reserves the right to reject any BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk . 3. Each and all of the terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement. Motion for adoption of the Resolution was sec were four ayes and no nays, as follows: Beim DRAINAGE RELIEF ASKED FOR 5712 AND 5716 BUNG AVENUE. George vjitte were present to support their written petition for drainage relief for their two low lots on €wing Avenue. It was pointed out to them that a storm sewer is the only possible remedy; that neighbors had strenuously opposed being assessed for this storm sewer when the matter was brought to public hearing. It was noted that property had been purchased from the State; and Manager Hyde suggested that petitioners consult with him and the Village Engineer to see what proportion of a storm sewer cost they would be willing to bear. delayed pending outcome of consultation. Messrs. A.K. Larson and Formal action 6/8/59 ROHNER TO DEED PROPERTY TO VILLAGE, FOR ASSESSMENT RELIEF. Pursuant to previoys 1 4 9 discussions on the matter of Mr. Harold Rohner' s request for relief on'assessme%t for Sanitary Sewer for his tract of land (increased from 1-25 acres to 12.50 acres because of increase in meandered land abutting Mud Lake), Engineer zikan presented deed €or signature by the Rohners, deeding to the Village all of this tract except 1.25 Acres. Dickson and carried. Beim's motion €or acceptance of deed was seconded by SIDE-YARD SETBACK VARIANCES APPROVED. Planninq Commission's favorable recommendations on the following petitions for Mr. George Hite presented report of permits-to build in non-conformance with side-yard setback provisions of Zoning Ordinance, said recommendations having been made after public hearings on petitions held by the Commission: 4108 W. 62ND STREET (STAN SIVERTSEN) - For seven-foot sideyard on living side of dwelling. 4510 BRUCE AVENUE (A,E. WARD) - For one-foot sideyard and one-foot rear yard, for garage. 5164 DANENS DRIVE (CECIL BRENHAM) - For eight-foot sideyard on living side bf dwelling. 4725 UPPER TERRACE (DONALD ARENSEN), - For 7,5-€oot side yards. PHILBROOK LANE-LOTS 1,2,12,13,17,18 - For five-foot side yards. 3. 2. 3, 4. 5. Tupa's motion, approving setbacks in accordance with Planning Commission's June 3, 1959 recommendations, was seconded by Dickson and carried. PRELIMINARY AND FINAL PLATS APPROVED. June 3rd recommendations for Preliminary and Final approval of the following plats: 65-foot lot into one 95-fOOt and one 85-foot lot, located w.62nd St. and Crosstown Highway, on West side of France). St. between West Shore Drive and Wooddale Avenue, being platted into two lots of 90x153 and 110x153 feet. Dickson's motion for Preliminary and Final Approval of plats, in accord with Planning Commission's June 3rd recommendations was seconded by Beim and carried. Mr. Hite presented Planning Commission's 1. HIPPE'S FRANCE AVENUE ADDITION (Replat of one 115-foot lot and one DELANEY'S ADDITION (Plat of an .8 acre parcel on South side of W.70th 2. SOUTHDALE PLAZA PRELIMINARY PLAT APPROVED. recommendations for approval of this Preliminary Plat were reviewed, and 3eim moved for Council approval in accordance with Commission's recommendations. Motion seconded by Dickson and carried. LITTEL PARK-HANW REPLAT REPLIMINARY APPROVED. This replat, of six 6O-foot lots located just North of Tower Street between StbJohns and Wooddale Avenues, into five 72-fOOt lots, was presented, carrying Planning Commission's June 3rd recommendation for approval. was seconded by Tupa and carried. Planning Commission's June 3rd Beim's motion for Preliminary approval by Council LUND-KRUSE ADDITION, POST OFFICE REPLAT PRELIMINARY APPROVED. Plat, being of a portion of Lot 6, Lund-Kruse Addition, with a 45-foot street and an 8O-foot trunaround, was presented by Mr. Hite, carrying Planning Commission's recommendation aqainst approval, for reason that they could not recommend the rezoning of this property for the Post Office. was had on the matter, and Beim moved for approval of Preliminary Plat. was seconded by Tupa and carried, with Bredesen voting No. CHEROKEE HILLS FINAL PLAT APPROVED. approval of this Final Plat, of property lying between Indian Hills and Gleason Road, was reviewed, Beim's motion for approval, subject to receipt of Park Dedication, was seconded by Tupa and carried. This Preliminary Some discussion Motion Planning Commission's recommendation for INDIAN HILLS CONDEMNATION FOR STREET ACCESS TO CHEROKEE HILLS UNNECESSARY. In connection with approval of Final Plat of Cherokee Hills, Attorney Hasselauist reported that condemnation of Indian Hills lands for street access to Cheiokee Hills (authorized by Council April 27, 1959) will be unnecessary, inasmuch as Messrs. Burton and Havesly have entered into an agreement for land transfer. BING'S ADDITION FINAL PLAT APPROVED. This Final Plat, of property on Valley View Road just north of the Crosstown, had received Planning Commission's recommendation for approval; and Dickson moved for Council approval in accord with Commission's recommendations. Motion seconded by Beim and carried. It was noted that this property has been zoned for double dwellings. PFAFF ADDITION FINAL PLAT APPROVED. It was noted that this Plat conforms to approved Preliminary, and has Planning Commission's recommendation for Final approval. Beim and carried. on Valley View Road, and also zoned €or double bungalows. Dickson's motion for Council approval of Final Plat was seconded by Property located immediately adjacent to Bing's Addition 6/8/59 .. KATTER'S ERICKSoN ADDITION AND{FINAL PLATS APPROVED. These two plats, of property located on the East side of France Avenue between Farmer's Addition and Evans Addition, were presented for joint approval, having both received Planning Commission's June 3rd recommendations for approval, subject to certain stipu- lations as recorded in Minutes of Planning Commission Meeting of that date. Tupa's motion, that Final Plats be approved in accordance with recommendations of Planning Commission, was seconded by Dickson and carried. PUBLIC HEARING SCHEDULED FOR ZONING ORDINANCE AMENDMENT RE TIVO-FMvlILY TYYELLINGS . Proposed Ordinance, requiring special permits to be issued €or two-family dwellings, and establishing standards for same, was presented and reviewed. Tupa's motion, scheduling Public Hearing on this proposed Ordinance for Monday, June 22, was seconded by Dickson and carried. I POLICY ON DEVELOPER-FINANCING OF UTILITIES AND STREET IMPROVEMENTS FORlitRILATED By ORDINANCE AND RESOLUTION. meeting, Manager Hyde presented an Ordinance (No. 263) formulating Council policy on the matter of assessments for utilties and street improvements. The Ordinance was reviewed and discussed at length. Mr. Hyde suggested that the matter of presentation of petitions and subsequent service be given some considerable thought by Council. Stating that there will be about $300,000 available for financing, now, Mr. Hyde suggested that the manner of serving petitioners be, generally, on a first-come, first-served basis, but that Council try to serve as many developers as possible with available funds. during this discussion, stating he feels that the members of the Minneapolis Home Builders Association have shown a lack of interest in these proceedings; that he has four developments at the present time for which he wishes to file petitions, but that he wants to be fair with the other developers and wishes to enter petition for Lake Edina Continuation only, at this time. Hyde told the Council that because the Village Engineering Department is swamped with work on older petitions, and especially on street construction and re-construction, petitioning developers must be patient with regard to Village engineering services to be rendered--both actual engineering of projects, and approval of the plans dram by privately-employed engineers. Some considerable discussion was had on the matter of time to be allowed for the filing of petitions. that Council dikpense with second reading and adopt Ordinance as offered: Pursuant to instructions by the Council at the last Ilk. E. C. Stow was present Manager Tupa then offered the following Ordinance, moving ORDINANCE NO. 263 AN ORDINANCE PRESCRIBING PROCEDURE FOR THE APPROVAL OF PLATS, REQUIRING PAYMENT OF A FEE AND IMPOSING OTHER REQUIREMENTS, INCLUDING THE MAKING OF NECESSARY IMPROVEMENTS IN LANDS PREVIOUSLY NOT PLATTED THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINIJESOTA ORDAINS : the Village Council shall be filed with the Village Manager and shall be accompanied by payment of a plat filing fee which shall be charged by the Village for services to be rendered by employees of the Village in processing the proposed plat. amount of such fee shall be $25.00, plus $1.00 for each lot in the plat, but not to exceed a maximum fee of $100.00. Failure of the Council to approve the plat shall not entitle the person who paid the fee to the return of all or any part thereof; provided, however, that the payment of such fee shall be required only as to plats filed after the date this ordinance becomes effective. previously unsubdivided land, or replat of platted land which requires the dedi- cation of a new street or a change in an existing street, shall not only comply with all applicable provisions of state law and the Zoning Ordinance (No. 261) of the Village, but shall also show thereon the grade of all streets and the mean grade of the front and rear lines of each lot. previously subdivided and to be developed for residential purposes, a portion of such land of sufficient size and character shall be set aside and dedicated to the public for public use as parks and playgrounds. Commission shall examine each plat and report thereon in writing to the Council as to the following matters: Section 1. Filincr Plats; Fee. All plats presented for the approval of The Section 2. Street and Lot Grades; Park Dedication. Every plat of In every plat of land not I Section 3. Report on Plat. The Village Manager and the Planning (a) (b) made as to the following matters: (c) streets and highways in surrounding areas, (d) existing or future extensions of the Village's water and storm and sanitary sepzer systems* the accuracy of all measurements and grades shown thereon, and the suitability of the plat from the standpoint of community planning. In the case of the plats mentioned in Section 2, report shall also be the adequacy of streets and conformity thereof with existing and planned the suitability of street grades in relation to the grades of lots and 1 5 1 6/8/59 (e). where dedication of such land is required, the sufficiency of land dedicated for park and playground'use, and the recommendation of the Park Board regarding such dedication of land, the estimated cost (including engineering and inspection expenses) of grading, gravelling and permanently surfacing streets, installing street signs, and constructing any storm sewers which may be necessary, and constructing sanitary sewers and water mains adequate to serve all lots in the plat, provided that connection of such sewers and watermains to the village sewer and water systems is feasible. However, the owner of the land included in the plat, or his agent, in lieu of having the foregoing costs estimated by the Village, may employ at his expense, a registered professional engineer to prepare preliminary plans and estimates of cost of the necessary improvements and submit a written, itemized report thereof to the Village Manager. Advance notice of the employment of such engineer shall be given to the Village Manager upon filing of the plat. in Section 3 above, the plat and report shall be transmitted to the Council for approval. The Cow&1;Bim;X (f) (9) the estimated cost (including engineering and inspection expenses), of Section 40 grantbpprova? 01 plats mentioned in Section 2, or grant final approval of other plats, or refer the plat for further report to the appropriate Village officers Section 5. Plats Given Preliminary Approval. When preliminary approval Action by Council. Upon completion of the report specified (a) (b) (c) (d) reject the plat. or departments, or has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the report thereon to be completed, at his own expense and under the supervision of the Village Engineer, or in lieu of making such improvements, he shall sign a subdivision financing agreement and file a bond to assure performance thereof. the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs thereof, through payment of special assessments or otherwise, at least one-third in each of three years, the last payment to be made not later than December 31 of the third year from the year in which special assessments for such improvements are levied; provided, however, that the Village shall not be obligated to enter into such agreement if the developer does not file a bond as hereinafter described or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. if special assessments have been levied for the making of such improvements e3e ather-Vi33age-~mprevemeRts against any lot in the plat and remain unpaid upon the transfer of title to such lot, they shall be paid or prepaid in full to the Village Treasurer and the county Treasurer of Hennepin County, The bond herein required shall be given by the developer with a corporation approved by the council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village the payment of all such costs within the period specified in such agreement. approval by the Council and the required improvements have been completed, subdivision financing agreement executed, or bond furnished as herein required, the Village Manager shall submit a supplementary report thereon with the plat to the Council for final approval. completed in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such completion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his own expense. bility for the maintenance of such street until the completion of such street has been so certified, Ordinance shall apply to all plats heretofore filed but not yet given preliminary approval by the Village Council, and'to all plats hereafter filed. effect upon its passage and publication as provided by law. Such agreement, to be made between the person filing Such agreement shall also provide that I Section 60 Final Approval of Plat. When a plat has been given preliminary Section 7. Street Maintenance. Until a street in a plat has been The Village shall not be chargeable with the cost of or the responsi- Section 8. Application. Except as herein otherwise provided, this Section 9. Effective Date. This ordinance shall be in full force and I Motion for waiver of second reading and adoption of Ordinance as offered was seconded by Dickson. Beim, aye; Dickson, aye; Tupa, aye; and and the Ordinance was adopted. On Rollcall there were and no nays, as follows: ATTEST : 152 6/8/59 Dickson then offered the following Resolution and moved its adoption: RESOLUTION ESTABLISHING POLICY AS TO THE FILING OF PETITIONS FOR VILLAGE-FINANCING OF UTILITIES AND STREET IMPROVEMENTS IN ACCORDANCE WITH ORDINANCE NO. 263 \'HEREAS, the orderly development of unimproved lands within this Village, for 'WHEREAS, said development'has proved to be dependent upon Village-financing YMEREAS, this Council has adopted Village Ordinance No. 263, setting forth residential use, is in the public interest; and of utilities and street improvements on a short-term basis; and the conditions under which the Village will finance the construction of utilities and street improvements in land developments; and approval be given a plat, a subdivision financing agreement be filed with the Village, and a performance bond for the payment of special assessments be furnished the Village by the developer before the Village shall construct utilities or street improvements in said plat; and IMEREAS, it is believe the Village of Edina can sell additional improvement bonds up to $300,000 in 1959, for the financing of utilities and street improvements in land developments in accordance with the terms of Ordinance No. 263, without seriously affecting its bond credit rating; and and impartial administration of said funds, to be informed well in advance of construction concerning developments which will require utilities and street improvements financing during the remainder of this calendar year and the next ensuing calendar year: that: ments will be accepted by this Council until thirty days after adoption of this Resolution (July 8, 1959); and that petitioning developers will be required to furnish necessary performance bond and all other proof of intent required by Ordinance No. 263 on or before September 8, 1959, to qualify themselves for said financing. That Village-financing of utilities and street improvements during the calendar year 1960 will require the filing of petitions for same by December 1, 1959, and submission by petitioners of all necessary proof of intent by February 1, 1960. Motion for adoption of the Resolution was were four ayes and no nays, as follows: Bredesen, aye; and the Resolution was adopted ATT : l WHEREAS, Section 5 of said Ordinance No. 263 makes it mandatory that preliminary WHEREAS, the Village Council deems it necessary, in the interest of efficient NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, 1. Petitions for 1959 financing of development utilities and street improve- 2. L Village LJ!W Clerk CONTROLS RECOMMENDED FOR WATERWORKS SYSTEM. recommended a control system, to tie in all pumps, all tanks and the reservoir. stated that on some days Edina is consuming water at a greater rate than it can be produced; that the reservoir is being constructed so that peak demand can be met,but that the reservoir cannot work properly unless it can fill, which it cannot do without controls. He told Council that the only control which-will be installed under present construction plans is the one which will keep the reservoir from overflowing. system controls he proposed either A central system, tieing in all present facilities, to be headquartered in either Police or Fire Department, using leased telephone wires. His estimated cost for this type was $11,000, plus an initial charge by the Telephone company of $150.00; An alternate, installing only three controls-one at Village Hall, one at the Concord tank, and one at the reservoir, at an estimated cost of $2,450, plus $30 - initial charge by Telephone Company. greater in the future, this could be expanded to bring the whole system into line. A "stop-gap" single pressure-control at the reservoir, which, !ik. Banister stated, would work "within limits" but is not. recommended for a permanent solution. Council compared the three plans, as to initial cost, immediate and future needs, continuing charges by the Telephone Company, savings in labor, peak demands, etc:, and it was the concensus that htr. Banisher be directed to prepare plans and speci- fications for the controls in his plan No. 2, and that bids therefore be taken at the earliest possible time. Consulting Engineer, A.M. Banister, He As to 1. OC 2. Ak. Banister stated that, as needs become 3. . 6/8/59 SPRINKZING SYSTEM AUTHORIZED FOR RESERVOIR PROPERTY. Mr. Hyde told council that because of the large expanse of lawn on the reservoir lot, and because of the considerations in getting neighborhood permission for this location for the reservoir, he feels that the property must be well kept; that an underground sprinkling system should be installed, now, during construction, if it is to be installed at all. $900 to $3,600, depending on type wanted. After some discussion as to the types had by the High School and golf courses, Council directed that Mr. Banister work with Phelps-Drake, Inc., contractor for reservoir, to submit a firm price on installation of underground sprinkling system of the pop-up type as an extra. 152 Engineer Banister told Council that systems may be had for HEARING ANNOUNCED IN MATTER OF ESTABLISHMENT OF A WATERSHED DISTRICT IN HENNEPIN COUNTY, Council was notified of, and urged to attend, the Hearing to be held at the Bloomington Village Hall on Tuesday, June 23, at 7:30, before the State Water Resources Board, in the matter of establishment of a Hennepin County Viatershed District and appointment of a board of managers therefore. SUMNlER ROAD PROGRAM REPORT GIVEN. for maintenance of P.bnicipa1 State Aid Streets, stating that a more detailed written report will follow. Mr. Hyde reported briefly on proposed program HOPKINS-EDINA BORDER ROAD ACTION AWAITING INFORMATION FROM HOPKINS. reported that Hopkins is anxious that this matter be settled, but that because Edina has not yet received the engineering information it has asked of Hopkins no action can be taken at this time. Mr. Hyde PEBp6IISSION GRANTED FOR DOUBLE BUNGALOWS IN PARKWOOD KNOLLS 8TH ADDITION, LOTS 8 AND 9, BLOCK 2, AND LOTS 10 TO 15, INCLUSIVE AND LOT 17, BLOCK I, PARfWOOD KNOLLS 8TH ADDITION. Referring to Public Hearing held by Council on March 23, 1959 in response to petition by Mr. Carl M. Hansen, developer, Mr. George Hite told Council that Mr. Hansen has done everything he has been asked to do €or approval of his petition, but that street easement has not,yet been secured from Mr. Lewis E. Jones. hk. Hite recommended Council's approval of Mr. Hansen's petition, and Dickson moved that construction of double bungalows on the above named lots be approved, subject to approval of the Planning Commission of the construction plans. Motion seconded by Tupa and carried. LAKE CORNELIA DRAINAGE DISTRICT PLANS TO BE STUDIED. of new plans from Adolph Meyer & Associates as to proposed assessment of the much-discussed Lake Cornelia storm sewer project. Because of the complicated nature of this project, he suggested that Council meet informally with Messrs. Meyer and Barr for a study of the plan before bringing to Public Hearing. Meeting tentatively scheduled for Friday, June 12, at 5:OO P.M. Mr. Hyde reported receipt EXTRA SUMMER HOLIDAY TO BE GIVEN. not closed the Friday before Memorial Day, and asked for policy concerning closing July 3. He stated that the office had done considerable business on Memorial Day Friday and that, because many people will be home on July 3, the office will undoubtedly be busy again that day. an extra day's vacation be given salaried employees in lieu of the Friday-before- the-4th, and recommendation was accepted. Mr. Hyde reported that Village offices had He suggested that, with Council permission, TRACTOR-MOWER AWARD TO GOULD CANCELLED: AWARDED TO MINN. TORO. that R.F. Gould Company was unable, on demonstration, to meet Village specifications with its mower; that the Company has consistently been unable to furnish the kit required to do so; that the mower is badly needed right now. He recommended cancellation of the award previously made to Gould, in favor of award to Minnesota- Tor0 Company at $4,997.50. Motion seconded by Dickson and carried. Mr. Hyde reported Tupa so moved. CLAIMS PAID. June 8, 1959: Tupa moved for payment of the following Claims, as per Pre-List dated General Fund $1,017.89 Construction Fund 1,728.00 Waterworks Fund 32,646.80 Park & Park Const. 1,308.19 Liquor Fund $37,627.31 678.30 Sewer Rental Poor, PIR, Temp. Improvement * 8,816.23 TOTAL $87,822.72 Dickson then moved for adjournment, and motion was seconded by Beim. UTILITIES FINANCING PETITION FOR LAKE EDINA CONTINUATION INFORMALLY FILED, Before Mayor could announce adjournment, Developer E.C. Stow asked once again that the Council consider his oral request as first filing of Utilities Financing Petition for Lake Edina Continuation. No action taken. Mayor Bredesen then announced adjournm f meeting, at 9:40 Village Clerk