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HomeMy WebLinkAbout19590720_adjourned7/15/59 MINUTES OF THE MEETING OF THE EDINA BOARD OF REVIEW, HELD WEDNESDAY, JULY 15, 1959, AT 5:OO P.M. , AT THE EDINA VI;\LLAGE HALL Members of the Village council acting as Board of Review were Bredesen, Dickson and Tupa. Assessor Kearns was present, as was Mr. Sund from the County Supervisor's office. Affidavit of Publication, and of posting, of "Notice of Board 0.f Review Meeting" was presented, approved as to form and ordered placed on file. No one was present to make any complaint. Mr. Kearns explained to Mr. Sund and the Council that, because of his short term in office, the Books of Valuation are not ready for submission to the Council and will not be ready for quite some time to come. Mr. Sund told Council it is the law that the Board of Review Meeting must be held on or before July 15; that the County will require an adjourned date for this meeting; to which Mr. Kearns replied he expects .to have to books completed about August 15, but is unable at this time to state just what date. Discussion was had on assessing procedure changes, Mr. Kearns reporting that he will be listing as assessable properties a considerable number of IBhI machines on rental to the GSA office in Southdale, Meeting adjourned at 5:45 P.M., by common consent of Board of Review, to a date to be decided later upon Assessor's notification of completion of Books of Valuation. A Clerk AUNUTES OF THE ADJOURNED PORTION OF THE JULY 13, 1959 EDINA VILLAGE COUNCIL MEETING, HELD MONDAY, JULY 20, 1959, AT 7:OO P.M. AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC HEARIMGS ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS. Clerk presented Affidavits of Publication in Edina-Morningside Courier on July 2 and 9, 1959 of "Notices of Hearing" on Assessment for Trunk Watermain Improvement No. 127; Sanitary Sewer Improvements Nos. 145, 150 and 154; Watermain Improvements Nos. 132 and 134; Storm Sewer Improvements Nos. 42, 43 and 44, which Affidavits were approved as to form and ordered placed on file. Pursuant to said Notices, the following Public Hearings were conducted, and action was taken as hereinafter recorded: PUBLIC HEARING ON PROPOSED ASSESSMENT FOR TRUNK WATERMAIN NO. 127 - Con- struction of 12" Trunk Watermain and Appurtenances in Grove st. from Hansen Rd. to Tracy Ave,; th. S. in Tracy Ave. to Whiting St.; tho E, in Whiting St. to Valley View Rd.; th. SWly in Valley View Rd. to Antrim Rd.; th. S. in Antrim Rd. to 1q.70th St.; th. E. in W.70th St. to the E. side of the MN8S RR R/W, to connect with existing Trunk Main in W.70th St. T~bi&W@~ of Assessment was read as follows: Total Assessable Cost, $149,364.27, to be assessed against 86,551.2 Assessable Front Feet and 458.29 Acres of Unplatted Property, for a Proposed Assessment of $.78 per Front Foot for Platted Property (with a 150-front foot maximum on large lots which carry deed restrictions against subdivision) and $177.00 per Acre. Manager Hyde explained that this assessment is for the Trunk Main only; that, at such time as the properties abutting the Trunk Main connect thereto and thus receive Lateral Service therefrom, a connection charge (payable at time of connection) of $6.00 per front foot will be made. The Estimated Cost of the Improvement, given at the Improvement Hearing, was $.58 per Front Foot for platted property; $142.00 per Acre for Unplatted Property; $5.00 per front foot for lateral connection. Manager explained that addition in assessment is due to contract's running over estimate, and deletion from district of some properties which cannot be served. The only objection came from Mr. L.T. McNeis, 7539 Upton Avenue, who objected that the Lateral Connection charge had cost him a real estate sale. Beim's motion, approving assessment, was seconded by Tupa and carried. (See Resolution, later in meeting, Adopting and Confirming Assessment). In Walnut Drive from 'N.5e St. to Highway No. 169. at Total Assessable Cast of $10,046.40, to be assessed against 24 Lots, for $418.10 per Lot, as compared with Improvement Hearing Estimate of Cost of $512.76 per Lot. No objections were registered at the Hearing, and no written objections had been received prior thereto. Kohler's motion approving assessment was seconded by Beim and carried.. 1. 2. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 145- Tabulation of Assessment was read (See Resolution, later in meeting, Adopting and Confirming Assessment). 7/1$$9 3. PUBLXC HEARIKG ON PROPOSED ASSESSMENT FOR SANITARY SESdER I!dPROVEMENT NO. 180 - 150 - In Josephine Ave. from l'J.64th St. to include Lot 9, B1. 2, Normandal 2nd. Addn. Tabulation of Assessment was read at Total Assessable Cost of This $2,403.52, proposed to be assessed against seven Lots, for $342.86 per Lot. was compared with Improvement Hearing Estimate of $351.60 per Lot. no objections registered at Hearing, and no written objections had been received prior thereto. (See Resolution of later in Meeting, Adopting and Confirming Assessments) . There were Eeim's motion approving Assessment was seconded by Tupa and carried. i 4. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEVER IMPROVEMENT NO. 154 - In Nest Shore Dr. from Dunham Dr. to Gilford Dr.; Wooddale Ave. from Ellsworth Dr. to Gilford Dr.; Gilford Dr. from West Shore Dr. to Keflogg Ave. Tabulation of Assessment was reat at $28.800.00 Total Assess- able Cost, proposed to be assessed against 64 Lots, for $449.50 per Lot, as compared with $574.28 per Lot given as Estimate of Cost at Improvement Hearing. no objections registered at the Hearing, and no written objections had been received prior thereto- carried- (See Resolution of later in Meeting, Adopting and Confirming Assessments) . There were I Tupa's motion approving Assessment was seconded by Dickson and 5. PUB IC HEARIKG ON PROPOSED ASSESSMENT FOR WATERMAIN IMPROVELIEPJT NO. 132- In Oxford Ave. from Ii'terlachen Blvd. to 330 Ft. S. of W.51st St. Tabu- lation of Assessment was read as $11,326.80 Total Assessable Cost, proposed to be assessed against 24 Lots, for an assessable cost of $471.45 per Lot, as compared with the Improvement Hearing Estimate of $514.50. . registered at the Hearing, and no written objections had been received prior thereto. (See Resolution of later in Meeting, Adopting and Confirming Assessments) . There were no objections Dickson's motion approving Assessment was seconded by Tupa and carried. 6. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERTiIAIN IMPROVEMENT NO. 134- In Vest Shore Dr. from Dunham Dr. to Gilford Dr.; Wooddale Ave. from Ells- worth Dr. to Gilford Dr.; Gilford Dr. from West Shore Dro to Oaklawn Ave.; Oaklavrn Ave. from Ellsworth Dr. to Gilford Dr. Tabulation of Assessment was read at Total Assessable Cost of $41,252.79, proposed to be assessed over 87 Lots, for $473.67 per Lot, as compared with $523.32 Estimate given at Improvement Hearing. had been filed prior to the Hearing. seconded by Kohler and carried. and Confirming Assessments) . No objections were received from the floor, and no written objections Dickson's motion approving Assessment was (See Resolution of later in Meeting, Adopting 70 PUBLIC HEARIKG ON PROPOSED ASSESSMENT FOR STORM SEWER IMPROVEMENT KO. 42- Comm. at pt. 33 Ft., more or less w. and 10 Ft. more or less, S. of intersection of centerline of vi.60th St. and Wooddale Ave.; th. Ely long line parallel to and 10 Ft. S. of centerline of l"l.6Oth st. to pt. 35 Ft., more or less, E. of centerline of Oaklawn Ave.; th. NEly to pt. 160 Ft., more or less, E. of centerline of 1'1.59th St.; th. NEly to a pt. 10 Ft. S. and 10 Ft. E., more or less, of intersection of centerline of lr1.59th St. and Brookview Ave.; th. Nly on a line parallel to and 13 Ft. more or less, VJ. of the centerline of Brookview Ave. to a pt. 128 Ft., more or less, S. of centerline of W.58th St.; th- Ely, parallel to centerline of V1.58th St., 150 Ft., more or less, to Outlet; and including Construction of concrete Curb and Gutter in VJ.60th St. be$ween Kellogg and Oaklawn Aves. Tabulation of Assessment was read as follows: Total Construction Cost, $25,047.34, Less Village Share of 1/3 of Cost, $8,347.01, for Net Assessable cost of $16,700.33, proposed to be assessed against 1,181,906 Assessable sq. Ft., for $.01413 per Sq. Ft. This was compared with Estimated Cost of $.02303. Mr. Johnson, 5817 Brookview Ave., grantor of an easement for construction of main, inquired as to whether he . will be assessed for the easement. He was informed that, normally, such an assess- ment would be made inasmuch as the title to the property still rests in him. No objections were registered at the Hearing, and no mitten objections had been received prior thereto. Dickson's motion approving Assessment was seconded by Eeim and carried. Assessments). I (See Resolution of later in Meeting, Adopting and Confirming 8s FUBLIC HEAR1P;G 014 PROPOSED ASSESSMENT FOR STORM SEER IMPROVBJD!T NO. 43- In Easement Line between Lots 3 and 4, B1. 1, Southdale 1st Addn., from Cornelia Dr. to 165 Ft. VJ. Tabulation of Assessment was read at Total Assessable Cost of $1,706.63, proposed to be assessed against 39,900 Sq. Ft., for $.04266 per Assessable Sq. Ft., as compared with Estimated Cost of $.075. were no objections registered at the Hearing, and none had been received prior thereto. and attempt to have Storm Sewer Improvements Nos. 43 and 44 combined, but that an agreement could not be reached. He also informed Council that these two small improvements are to correct local drainage problemsy as distinguished from the large storm sewer project contemplated. seconded by Kohler and carried. (See Resolution of later in Meeting, Adopting and Confirming Assessments) . There Manager Hyde told Council that neighborhood meetings have been held in Tupa's motion approving Assessment was 9, PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STOIVA SEVJER IMPROVBENT ItO- 44- In Easement Line between Lots 6 and 7, B1. 1, Southdale 1st Addn., from Cornelia Dr. to 170 ~t. W. Tabulation of Assessment was read at Total Assessable Cost of $1,838.97, proposed to be assessed over 74,805 sq. Ft., for $.02449 per sq. Ft., as compared with Estimated Cost of $.038. set forth for Storm Sewer No. 43. Hearing, and no written objections had been received prior thereto. approving ~ssessment was seconded by Dickson and carried. in JJteeting, Adopting and Confirming Assessments). See explanation There were no objections registered at the Beim's motion (See Resolution of later 7/r375290 184 WATER RATES ORDINANCE AMENDMENT AWPkED. presented by Manager Hyde for consideration and adoption by the Council: The following Ordinance was ORDINANCE NO, 241-3 AN ORDINANCE AMENDING ORDINAGE NO. 241 OF THE SECTION 7, RELATING TO CHARGES FOR CONNECTIONS I VILLAGE OF EDINA, AS AMENDED, By ADDING THERETO TO TRUNK WATER MAIN THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 241 of the Village of Edina, as amended, is hereby amended by adding a new Section 7 to read as follows: "Section 7. Connections to Trunk Water Mains. It is the policy of the Village to levy special assessments on properties abutting upon lateral water mains for payment of the entire cost of such mains. the case of trunk water mains capable of direct connection to structures on abutting property, it is the policy of the Village to require a portion of the cost thereof approximately equal to the cost of construction of a lateral water main at the same time and place (referred to herein as "lateral cost") to be paid either by the levy of special assessments upon such property, or by a charge made at the time of the connection thereof to the main; the remaining cost (referred to herein as "trunk cost") being assessed, so far as considered equitable, upon all prop- erties deemed capable of .connection with the trunk main either directly or through laterals. Lateral water mains are normally six inches in diameter, and trunk mains include all of larger diameter. In all cases where any premises abutting on a trunk water main receive no special assessment for payment of a share of the lateral cost thereof, whether or not such properties are assessed for the trunk cost of the main, the Council shall be resolution determine the amount per front foot of the property abutting thereon which is necessary to be paid to reimburse to the Village the lateral cost which has not been assessed, and upon appli- cation for connection of any such premises to the trunk main, a connection charge shall be due and payable to the Village, equal to the cost so determined for the frontage of the premises. All connection charges so received shall be credited to the fund of the trunk water main improve- ment involved or, if such improvement has been financed by the issuance of bonds, to the Improvement Bond Redemption Fund. Section 2. This ordinance shall be in full force and effect from and after In its passage and publication. .. Tupa's motion, that Council dispense with second reading of Ordinance No. 241-3 and adopt Ordinance as read, was seconded by Beim, and on Rollcall there were five ayes and no nays, as follows: Beim, ckson, aye; Kohler, aye; Tupa, Kohler then offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR WATEFNAIN IMPROVEMENTS NOS. 127, 132 AND 134; SANITARY SEWER IMPROVEMENTS NOS. 145,150 AND 154; AND STORM SEWER IMPROVEMENTS NOS. 42, 43 AND 44; AND, FURTHER ESTABLISHING AMOUNT OF LATERAL COST FOR PKOPEBTTES ABUTTING THE TRUNK WATERMAIN IM IIVATERMAIN IMPROVEMENT NO. 127 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: It is hereby found, determined and declared the proposed assessments for WATERMAIN IMPROVEMENTS NOS. 127, 132 AND 134; SANITARY S!3ER IMPROVEMENTS NOS. 145, 150 AND 154; AND STORM SEWER IMPROVEMENTS NOS. 42, 43 and 44, and each of them, have been property calculated in accordance with the provisions of Minnesota Statutes Sections 429,051 and 429.061; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objec- tions; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was and is specially benefited by the construction of the improvement for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from 1. i the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. assessment for WATERMAIN IMPROVEF.lEI\I'TS &!OS. 132 AND 134; SANITARY SEWER IMPROVE- IENTS NOS. 145, 150 AND 154; AND STORM SRJER IMPROVEMENTS NOS. 42, 43 AND'44, shall be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment, from the date hereof to August 15, 1960, to be payable with the general taxes for the year 1959, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with the general taxes for the years 1960 through 1968, collectible in the kespective ensuing years. The tetal amount of each such assessment for h'lATERMAII~J IIblPROVE/b!E"r NO. 127 shall be payable in equal annual installments extending over a period of twenty years, the first of said installments, together with interest on the entire assessment from the date hereof to August 15, 19607 to be payable with general taxes €or the year 1959, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the yeam 1960 through 1978, collectible in the respective ensuing years, of any lot, piece or parcel of land assessed hereby may pay the whole of such assess- ment or any installment thereof without interest to the Village Treasurer and there- after such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the county, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. as ASSESSMENT ROLL FOR I'IATERMAIN IIIIPROVEMENTS NOS. 127, 132 AND 134; SANITARY 43 AND 44, and all amounts collected in respect of the assessments therein con- tained shall be similarly designated by the county Treasurer and remitted to the Village Treasurer and by him credited to IArIPROVEhlENT EOND REDEMKT108 FUPID. The total amount of each such I 3. Prior to certification of the assessment to the County Auditor, the owner Said duplicate shall be designated SEVJER IMPROVEMENTS NOS. 145, 150 AND 154; AND STORM SEWER IMPROVEMENTS NOS. 42, BE IT FURTHER RESOLVED that WATERMAIN IMPROVEMENT NO. 127 is a trunk water main as referred to in Section 7 of Ordinance No. 241 of the Village, as amended by Ordinance No. 241-3, and that the special assessments herein levied have been limited to the trunk cost of said improvement, and no special assessment has been levied for pay- ment of the lateral cost which should eventually be charged to properties abutting thereon, viz., the approximate cost of a lateral water main constructed at the same time and place. Dollars ($6.00) per front foot of the properties abutting upon said improvenent; and said amount shall be paid as and for a connection charge by the owner of each of said properties, at the time when application is made for the connection thereof with said trunk water main. Said lateral cost is hereby determined to be equivalent to Six Motion for adoption of the Resolution tvas seconded by Dickson, and on Rollcall there were five ayes and no nays, as follows: Be nd Bredesen, aye; and the resolution LIQUOR STORE REMODELIIG NORKIGG PLANS AUTHORIZED. Manager present preliminary estimates of the various components of remodeling of the 50th Street Liquor Store to provide additional storage space, new lighting, new toilets, new shelving, etc. The estimates were prepared by Lk. Vjillis A. Jacus of Jacus and Amble, who are associated with Cording 8 Mastney, Architects, and Bruch, Morrow & Knafla, Mechanical and Electrical Engineers. on an hourly basis, with maximum. It tvas then moved and seconded that authority be given to go ahead with detailed plans and specifications for improvements at a total cost of approximately $31,500 and to include everything covered by the report except a new front and entrance and air conditioning for the-storage area. In place of air conditioning for the storage area less expensive blowers or small, window package units should be studied. I Hanager explained that Engineering and Architectural work was MUNICIPAL COURT PROCEDURES, AND PROPOSED CHANGES, REVIEWED. Judge Burris' suggestions for changes in present Court procedures--discussed in some detail at the July 13th Council Meeting (Page 165 of this Minute Book)--were again reviewed and discussed at some length; and it was directed that Judge Burris be notified that the council will adhere to the budget established for the Court last September for the year 1959, except for that increase over said Budget for the increase in the salary of the Municipal Judge, arbitrarily made by the Legis- lature and about which this Council was not given correct information. PROSECUTING ATTORNEY'S SALARY ESTABLISHED. Some further discussion, relative to that had at the last meeting pursuant to Mr. Hennessy's resignation tendered the Manager and the comments of Judge mrris, was had.by Council. Prosecutor Walter Gustafson was present and heard the arguments. salary of the Prosecuting Attorney be set at $500 per month, was seconded by Tupa and carried. Gustafson replied in the affirmative, and was thereupon appointed by Manager. Kohler's motion, that the Asked if he would accept the appointment at this salary, Mr. PARK hIAINTEI\JANCE IN STOW'S EXEMOOR ADDITION REVIEWED. Stow has requested that the Village fill a large hole in the park property-in Stow's Edgemoor Addition, f4r. Hyde inquired of the Council its recollection of discussions with Mr. Stow, had at,the time of the platting. It was concensus that Mr. Stow intended, and so stated, that the park be privately improved. Reporting that Mr. E.C. PROTEST REGISTERED AGAINST EDINA SWIMMING POOL ' S USE FOR AQUATEhrNIAL EVENT. A written protest against Edina Swimming Pool's use for the Minneapolis Aquatennial Swim Meet, filed by NIr. Lee Ildstad, 5317 Windsor Avenue, was-discussed and then referred to Attorney Spencer and Mayor Wedesen for answer. Kohler then moued.for,adjournment. Motion seconded by Tupa and carried. Meeting adjourned at 9:20 P.M.