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HomeMy WebLinkAbout19590727_regular7/27/59 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD IIXlNDAY , JULY 27, 1959, AT 7:OO P.151. y AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC HEARINGS ON PROPOSED IPIIPROVEfENTS. Clerk presented Affidavit of Publication in Edina-Ibrningside Courier July 16 and 23, 1959, of "Notice of Public Hearings on Proposed Concrete Pavement and Integral Curb, Bituminous Surface Treatment and Concrete Curb and Gutter, Bituminous Surface Treatment, Concrete Curb and Gutter, and Trunk PJatermain", which affidavit was approved as to form and ordered placed on file. Pursuant to said Notice, the following Public Hearings were conducted, and action was taken as hereinafter recorded. Here, Public Hearings vlere held on three alternate proposals, as hereinafter listed. Manager Hyde told Council and the large audience present that bids had been taken this morning on the three alternates, and that new Estimates of Cost on the three projects had been made today on the basis of the low bids; that the new Estimates will be given forthwith, together with the estimates prepared before bids were received. 1. PUBLIC HEARINGS ON PROPOSED STREET IMPROVElVIENTS FOR BROOKVIW HEIGHTS ADDNS. I Estimates of Cost, as read, were as follows: Alternate No. 1 - Concrete paving and integral curb and gutter for the entire Alternate No. 2 - Blacktop surfacing and curb and gutter for the entire area - Alternate No. 3 - Blacktop surfacing for entire area, and curb and gutter area - Estimate before Bids - $861.62 per Lot. Estimate before Bids - $650.5G1per Lot. tlrhere street grades demand - Estimate before Bids - $472.86 per Lot. after Bids - $420.25 per Lot Estimate after Bids - $886.86. Estimate after Bids - $584.77- Estimate all Estimates being computed by dividing total assessable cost by the 310 lots to be benefited by the project. $8.10 for Alt. No. 1, $5.34 for Alt. No. 2, and $3.84 for Alt. No. 3. explained that these three Alternates are being presented €or consideration because of the confusion which has existed with reggrd to street improvements in this area for quite some time; that petitions and counter-petitions have been presented until the Council has become confused as to what is wanted and feels the residents, themselves, must be equally confused; that the proposed improvement is being presented on the "per lot" basis of assessment in order that the entire area might be surfaced at one time--rather than piecemeal, street by street; that, asually, it is very difficult to secure the surfacing of the cross-streets because the owners of properties abutting these streets but facing the other way are adamant against paying assessments for the cross-streets. audience, but because most of those speaking failed to give their names the record is not complete as to source of opinion. Brookview Heights Association, reported that, although there is disagreement among the residents as to just how to proceed, all agree that something must be done with the streets. Hr. Jack Riehl, 6613 Warren Avenue, supported the concrete Paving, as did Mr. Herman Strachauer, 5180 Abercrombie Drive, three or four others vho did not give their names, and Pfi. E. C. Stow, developer of Brookview Heights, who still owns many lots in the Additions. because he believes the community, beautiful and worthwhile as it is, warrants it; that he believes installation, here, will start a trend throughout the area. lady took issue, stating she feels that concrete has absolutely no asthetic value; that residents will have the feeling that they are living in dorm-town Pllinneapolis after it is installed. One gentleman expressed himself as being in favor of doing nothing with the streets at this time, except to blade and oil. that residents are already overburdened with special assessments--that it is better to wait until some of the already levied specials can be paid off before proceeding to incur more debt. Mayor Bredesen told him that taxpayers in other areas in the Village are unwilling to bear the cost of maintaining gravelled roads in Brookviewtt Heights Additions for any appreciable period. as to the reason €or consideration of concrete in this area. Manager Hyde reported that many municipalities are, and have been, installing concrete because of the very small maintenance cost. for those portions bituminous surfaced VS. those portions concrete surfaced--vhich showed a very great difference in maintenance costs in favor of the conorete, He explained that, while the concrete for Bookview Heights will be "residentialIi specifications, the blacktop proposed for the area is also the "residentialI1 type, and that the maintenance ratio should be approximately the same as for the highway type. Brookview Heights the concrete will heave just as the blacktop would; and Mc. Hyde replied that, where it is necessary, poor base will be replaced. The matter of relative costs came before the meeting, when Ellr. Strachauer asked if the Council is considering paying any portion of the concrete cost. Considerable discussion was had in the Council, and Mayor Bredesen announced that if concrete paving is approved the Village will pay 1% of the cost and assess over a fifteen-year,term, rather than the ten-year term contemplated for the blacktop-curb and gutter--on the basis that blacktop replacement would be necessary in a maximum of 20 years as against a 30-or-more years replacement for concrete, plus a considerable savings in maintenance during the VJearing time of the concrete. It \vas pointed out that Costs per Assessable Foot were also given, being It was I Many opinions were given from the Mr. George Wetherbee, President of the One gentleman stated he favored the concrete A He told Council A question was directed to the Council He quoted Minnesota Highway Department figures on maintenance One member of the audience spoke up to say that because of the bad base in 7/27/59 by a lady in the audience that there is a third alternative to be considered--that o Blacktopping over the entire area, with concrete curb and gutter only where demanded by the grades. Mr. Bredesen told audience that the Council does not recommend this installation, except as an emergency measure; that it is unsatisfackory as to main- tpance and aesthetically unsound. be more economical in the long run to install concrete; that cost can be added to mortgage, thus securing easier payments over a longer term; and Mr. Riehl stated he thinks the difference between blacktop and concrete would be more than offset by the increase in the value of the property. the type of improvement desired by residents seemed at this time to have been fully covered, Mayor Bredesen asked for a show-of-hands vote (one vote per lot) on the three alternatives proposed. Vote was as follows: Developer Stow told the audience that he believes i Becasue objections and recommendations as to Alternate No. 3 - Blacktop surfacing for entire area, and curb and gutter where street grades demand - 6 votes in favor. Alternate No. 2 - Blacktop and'concrete'curb and gutter for the entire area - 35 votes in favor. Alternate No. 3 - Concrete paving and integral curb for the entire area - with Village to pay 10% of cost - 41 votes in favor, and developer Stow. Someone from the audience explained that there are a number of residents away from the city and unable to be here to cast a vote. Trustee Kohler explained, however, that all owners received notice, and that many interested owners undoubtedly have rearranged their personal schedules in order to attend tonight. Then, stating that his action is on the basis of the vote cast this evening, Kohler moved, authorizing installation of concrete paving with integral curb in all streets in Brookview Heights Additions, the Village to pay 10% of the cost. and unanimously carried. (See Resolution of later in meeting, Ordering Improvement). Addition had been repeatedly mentioned in the conversations on installation of the improvement, Mr. medesen told the audience that the Council would consider this matter this evening, although it is more proper to make such determination at the Assessment Hearing, after completion of the improvement. Several persons had advocated assessment on the usual "per front foot" basis, corner lots to pay on footage abutting streets as well as front footage; and council had told audience that its proposal for assumption by the Village of 10% of the cost of concrete was on the basis of a "full community" installation, the cross-streets to be included; that Council did not feel it to be in the public interest to force surfacing upon the properties abutting the cross streets if they do not wish to pay, because this type of installation is usually on petition only. It was also brought out in discussion that there is more to be considered than just the surfacing of the cross streets--that there are several areas in the development which need a great deal of treatment, whereas some areas require very little; that, for-the assessment to be strictly equitable, each property owner would be assessed for the cost of that work on the portion of the street abutting his own property--which assessment could not possibly be made. One gentleman reminded the group that Duggan Plaza, the official entrance into the entire development, is a street bordered by properties facing other streets; that, should abutting properties be asked to pay their side footages, he doubts whether Duggan Plaza could be surfaced. Another told Council that owners of corner lots expect to pay larger assessments in return for the additional privacy and freedom of a corner lot. Council and the audience he believes it would be a shame to have piecemeal surfac- ing in the development; that he will be glad to contribute an amount of $2,200, representing $50 per lot for the 44 corner lots in the subdivisions, toward the project, to see it entirely completed. Then, another owner suggested that the owners of the corner lots, while being unwilling to pay the entire cost of the cross streets, have no wish to hold up the improvement; that perhaps a compromise could be effected, with corner lots to bear an assessment of 2% over the interior lots. There were no objections registered against this compromise proposal; and, after some quick figuring at the Council table by Trustee Kohler, Mr, Hyde told the group that, with Village paying lo%, Mr. Stow con9ributing $2,200, and the corner lots assuming an assessment of 20% over and above assessments for interior lots, the respective assessments shouM be about $780 per interior lot, *$1,010 per corner lot. .x Motion seconded by Dickson Because the method of assessment for the street improvement in Brookview Heights Developer E. C. Stow told the Kohler then offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. E-4. BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF CONCRETE PAVING AND INTEGRAL, CURB IN THE FOLLOWING STREETS: West 66th Street from Ridgeview Drive to Naomi Drive; Naomi Drive from Danens Drive to West 66th Street; Warren Avenue from Danens Drive to West 66th Street; Circle Drive from Danens Drive to and including cul-de-sac; Danens Drive from Ridgeview Drive to Duggan Plaza; - Meadow Ridge from Ridgeview Drive to Duggan Plaza; Everett Place from Abercrombie Drive to Meadow Ridge; Ridgeview Drive from West 66th Street to Abercrombie Drive; Tifton Drive from Ridgeview Drive to Duggan Plaza; - 7/27/59 . 186 .U Link Avenue from Danens Drive to Meadow Ridge; Duggan Plaza from Highway #loo to Ridgeview-Drive; Rabun Drive from Tifton Drive to. West 70th Street; { Church Place from Abercrombie Drive to Service Drive; Abercrombie Drive from Ridgeview Drive to Duggan-Plaza and at the hearing held at the time and place specified in said notice, the Council 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 improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEhmT NO, E-4, and the area to be specially assessed therefor shall in lude all lots a d tracts of land abu streets proposed to be improved; ViJla e and $2,200 to be contributed by in t e sai8 assessment to be Total Cost, less 1 & p%&e by BE IT FURTHER RESOLVED that this Eouncil go on record as proposing tkg theow* assessment for said improvement shall be on a '!per lot" basis, the corner lots being assessed 2% over the cost assessed to the interior lots, as the corner lot I 2. PUSLIC HEARING ON PROPOSED BITUMINOUS SURFACE TREATMENT FOR IDYL\VOOD DRIVE FROM E, LINE OF IDYLWOOD SECOND ADDN. TO \V. HIGHWOOD DRIVE: WEST HIGHVJOOD DRIVE FROM N. LINE OF IDYLl'dOOD SECOND ADDN, 317.42 FT. SOUTH. taken today, was given as $4,787.95, to be assessed over 1,205.34 Ft., for $3.97 per Estimate of Cost, based on bids Assessable Foot. There were no objections to the proposed- improvement, .although one complaint was registered that the Village, by failing to include this improvement with earlier bids, had penalized property oviners with an additional expense. Owners asked that improvement be expedited. Dickson offered the following Resolution and moved its adoption: :- RESOLUTION ORDERING IAlPROVEhlENT STREET IhlPROVEA'lENT NO. A-145 BE IT RESOLVED by the Cpuncil of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: I BITUMINOUS SURFACE TREATtJlENT IN Idylwood Drive from E, Line of Idylwood 2nd Addn. to V?, Highwood Drive; and West Highwood Drive from N. Line of Idylwood 2nd Addn. 317.42 ~t. south and at the hearing held at the time and place specified in said notice the council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. A-145, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. ~. Motion €or adoption of the Resolution was five ayes and no nays, Beim, and Dedesen, aye; and the Resolution was and on Rollcall there were as follows: 'killage Clerk 3. PUBLIC HEARING ON PROPOSED CONCRETE CURB AND GUTTER IN SOUTHCREST DRIVE FROM VEST 66TH STREET TO UPPER TERRACE. Estimate of Cost, based on bids taken today, was given as $8,255.47, proposed to be assessed against 2,980.14 feet, for $2.77 per assessable foot. %e written objection to the improvement and the proposed method of assessment, filed by Mr. L. S. Clark, 6720 Southcrest Drive, was reviewed. There were no objections from the audience, and no other written objections had been filed prior to the Hearing. blacktop contractor can go ahead. its adoption: -I Those present asked that work be expedited in order that Dickson offered the following Resolution and moved RESOLUTION ORDERING IMPROVBSENT STREET IMPROVEhlENT NO. B-66 . BE IT RESOLVED by the council of the village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the iollovving proposed improvement: CONSTRUCTION OF CONCRETE CURB AND GUTTER IN Southcrest Drive from Upper Terrace to 'ti71.66th street and at the hearing held at the time and place specified in said notice the.Counci.1 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 improvement; that said improvement is hereby designated and shall be referred to in all subsequent jDroceedings as STREET IMPROVEMENT NO, B-66, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street.proposed to be improved. 7/27/59 - 187 , aye; Kohler, aye; Tupa, aye';, Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Beim, aye; Di and wedesen, aye; and the Resolution was ,- A 4. PUBLIC HEARING ON PROPOSED TRUNK WATERMAIN IN INTERLACHEN BLVD. FROM COOPER AVENUE TO MIRROR LAKES DRIVE: MIRROR LAKES DRIVE FROM INTERLACHEN BLVD. TO W. 56TH ALONG HIGHWAY #169 FROM CHANTREY ROAD TO TRACY AVENUE. Plan and area ProDosed to be assessed, and Estimated Cost was read at $70,484.58, STREET: We 56TH STREET FROM MIRROR LAKES DRIVE TO CHANTREY ROAD AND HWYO#169-212i VuzBraph Slide was shown of for $1.03 pes hint foot for platted property, with a maximum 150-feet assessable on large lots which have deed restrictions against subdivision; $332.19 per acre of unplatted property; plus $45,510.42 or $6.00 per front foot assessable to the properties abutting the trunk line, for lateral service. group present that this hearing has been initiated on the Council's own motion and not by petition-although there is a petition filed for watermain along part of Mirror Lakes Drive; that the proposed main will serve as a tie between a main now in service and another already authorized; that it will go into Interlachen Blvd. at a place where the surfacing is not of the best, and thus provide a chance for resurfacing of Interlachen, at this place, with a surface of the same type as that directly to the East. neglected to give their names; consequently the record is not complete as to the objections and recommendations made.- One gentleman asked if it is-proper to consider adding to an "already inadequate" water system at this time. Mr. Hyde explained that a 4,000,000-galLon reservoir is now under construction, to be completed about August 15; that one new weli was completed last year, being deeper and furnishing softer water than those completed earlier; that the Village is treating for iron; that the system is completely adequate most of the time but that Edina, with its large lots and.new homes, has the distinction.of a very high peak consumption--9,000,000 gallons per day, whereas only about 1,500,000 gallons are used on a normal day during the winter; that, as.norma1 comsumption demands, new wells will be dug to supply said demand. Ayrshire and Mirror Lakes Drive expressed himself as being in favor of the improvement. main and who will be assessed $7.03 for %he improvement should be contacted personally before Council takes any action--that he feels sure they do not understand the amount of their assessmeqt. Another took issue with this state- ment, however, saying he lives on Mirror Lakes Drive and "knows just exactly what is going on" and wants the improvement. The matter of the combination sanitary sewer-watermain petition from the 5100 Block on Mirror Lakes Drive was explained to the audience. The President of the Rolling Green Association asked that the Association be allowed to go on record as being opposed to the improvement; and the Attorney representing the Rolling Green Association asked that the opposing petition, filed during the hearing held last year on the proposed Trunk Watermain, be introduced and put on record for this hearing. expressed himself as being in favor of the improvement, in the interests of having a modern community. Mr. T.F. Cullen, 5404 Dundee Road, stated he is opposed because the present supply is inadequate; and Mr. Don Knutson stated he feels the project is premature--I'that one doen't buy tires until one can use tires". after construction and was informed that the street could be compacted as part of construction and final surfacing done next spring. delegation expressed the opinion that this area would never need water service because of its large lots and deep wells. audience other instances of emergency need which had arisen after like projects had been protested by the residents. Further discussion followed. Mayor Bredesen asked for a show-of-hands vote on the project, which showed an over- whelming majority of those present to be in opposition. proposed watermain improvement be abandoned. carried. NIr, Hyde told the large Once again, many of those speaking from the audience A gentleman living at the corner of One man told Council that those people whose property abuts the I Mr. Watson, Lochloy Drive, One lady inquired as to when Interlachen Blvd. could be repaired The Rolling Green Mayor Bredesen reviewed for the Bickson moved that Motion seconded by Beim and HEARING ON SANITARY SENER FOR MIRROR LAKES DRIVE SCHEDULED FOR MONDAY, AUGUST 10. Mr. McDermid, sponsor of the combination sanitary sewer-watermain petitions €or Mirror Lakes Drive, was queried about the proposed Sanitary Sewer for this block, inasmuch as the watermain project has been dropped.' He said he could not speak . for his neighbors in view of this developmenb, and formal public hearing was scheduled for Monday, August 10, at-7:00 P.M. on the proposed sanitary sewer project, by motion Kohler, seconded by Tupa and carried; 7/27/59 CONTRACTS AVARDED Oh! BIDS TAKEN TODAY: of Bids taken today, together with his recommendations for award, and action was taken Manager Hyde presented to Council Tabulations hereinafter recorded: 1. STREET If.WROVB.~EfJT NO. E-4 - Concrete Paving and Integral Curb for the Streets in Brookview Heights Addns. Four bids received. Arcon Construction Co., Inc., low bidder at $243,254.30; Barton Contracting Company second lo~v, at $246.729.60; Mccree & Company third low at $248,970.00; Ashbach Construction Company high bidder at $302,349.18. Manager Hyde recommended award of contract to ~OVJ bidder, stating that although they have done no work, here, he has investigated and finds them well recommended. of contract to low bidder in accordance with Manager's recommendation was seconded by Dickson and carried. Brief review was also had of the bids received on Alternates 2 and 3 of this project, there being five bidders in each case, and all bids were rejected as a matter of course inasmuch as Alternate 1 had been approved by Council. Drive from E. Line of Idylwood 2nd Addn. to \q.Highavood Drive; and West Highwood Dive from N. Line of Idylwood 2nd Addn. 317.42 Ft. South. one bid received--that of Craig J. Alexander, who is now working in the area, at $3,662.35, some $300 under estimate. Manager recommended award to Craig J. Alexander and Dickson so moved. hfotion seconded by Tupa and carried. STREET Il.PROVEt.lENT NO. C-78 - Grading and Gravelling of Hawkes Drive, Hawke's Terrace, and li'Jarden Ave. from Tracy Ave. to 525 Ft. Vi. Two bids received--M.E.Kraft Exc. 6, Grad. co., Inc., low bidder at $5,534.95; Terry Dos., Inc., high bidder at $5,589.20. I&. Hyde's recommendation was for award of contract to low bidder, M.E. Kraft, and Tupa so moved. Idotion seconded by Beim and carried. Two bids received--Arnold Beckman low Kohler's motion for award 2. STREET IMPROVR.IENT NO. A-145 - Bituminous Surface Treatment in Idylwood Only 3. 4. STREET II4PROVEMENT NO. B-66 - Curb and Gutter in Southcrest Drive from * Upper Terrace to W.66th Street. bidder at $7,393.45; Victor Carlson & Sons, Inc. high bidder at $7,754.30. Manager recommended award of contract to low bidder, Arnold Beckman, and Beim so moved. IJotion seconded by Tupa and carried. 5. STOMA SEVER NO. 46 - Tracy Ave., Hawke's Drive to 105' No of Havkes Dr.; Rawke'S~'Drive from Tracy Ave. to 325' W.; Easement Line from Havrke's Dr, to 170 Ft. !'do AND Hawke's Terrace; Uarden Ave. from 85' W. of Tracy Ave, to Lift Station SANITARY SFWR NO. 156 - Tracy AVe.9 GrOVe.SL to Hwy.#169; Hawke's Drive; VATEBhIAIN NO. 139 - Tracy Ave., Grove St. to Hwy.#169-212 HATERMAIN NO. 140 - Havrke' s Drive, Hawkers Terrace, and \'larden Ave. , AND. AND Tracy Ave. to 280 Ft. N. Beatson and Kelly, Inc. being low bidder on the four projects with a Total Bid of $33,430.75; Northern Contracting company second low, at $35,415.55, and Phelps-Drake Company third low at $35,448.44. Some discussion was had concerning award on these projects, but final recommendation was for award to lov~ bidder, and Kohler moved for award to BeatSon & Kelly, Inc. Kotion seconded by Beim and carried. bid--that of National Cash Register Company, at $1,605.00. Tupa moved €or award of contract to only bidder, in accord with Manager's recommend- ation. Tabulation of Bids on these four projects showed receipt of six bids-- - 6. CASH REGISTER FOR LIQUOR STORE. Tabulation showed receipt of only one Motion was seconded by Beim and carried. HEARING ON PETITION FOR BUS RATES INCREASE ANNOUNCED. the Railroad and vjarehouse Commission's notice of a Hearing to be held at 9:30 k,lA., Tuesday, August 4th, at Room 470, State Office Building, St. Paul, on Minneapolis Street RailvJay Company's petition for increase in bus fares. Clerk reported receipt of RURAL HENNEPIN COUNTY NURSING DISTRICT'S June, 1959 REPORT, and Balance Sheet as at klay 31, 1959, were submitted, reviewed and ordered placed on file. IIJPROVEMENT PETITIOXS ACCEPTED. The following Improvemer& getrigiona were submitted and, by motion Tupa seconded by Kohler and carried vrere/refe!re Engineer for programming: 1. Utilities Financing - "Otto's Third Addn." 2. Oiling - hladdox Lane, Mildred Ave. to V?yman Ave.; Mildred AVe., N.62nd St. to 3. Oiling - Saxony Rd., VI.Highwood Dr, to South Blake Rd. 4. Blacktopping - Saxony Rd., W.Highwood m. to South Blake Rd. 5. Curb 23 Gutter - Hill portion of Saxony Rd., W.Highwood Dr. to So.Blake Rd. 6, Blacktopping - Eden AVe., Hwy.Sf100 to Hwy. #169. 7. Curb & Gutter - Southdale Rd., YJ.66th St. to Hillcrest Lane. 8. Blacktopping - Southdale Rd., t"J.66th St. to Hillcrest Lane. o the Village Valley View Rd.; Maddox Lane, Nyman Ave. to Hanson Rd. m 7/27/59. 13s ROBERT E. SHORT $25,000 CLAIh FOR DAMAGES REFbRTED, Report was made to the Council of the filing of a claim in amount of $25,000 for damages allegedly sustained wheri',, the horse Mr. Short was riding became frightened at the sight of the Village grader.'! Matter referred to Village Attorney and insurance carrier for their action. ORDINANCE ADVOCATED PROHIBITING HORSEBACK RIDING ON VILLAGE STREETS. suggested that the Village prohibit the use of the Village streets for horseback riding, stating that the owners of horses usually have sufficient property in which to exercise their animals and that such an ordinance would be for their protection. Matter referred to Village Attorney for draft of ordinance. c !J Mayor Bredesen POLICE PISTOL RANGE CONSIDERED. site for an indoor pistol range. of the operation and that the range would be open under their supervision. site suggested was that property directly West of the Village Hall. was had as to the proposed site, and as to the type of building desired in relation to the other needs of the Village. consideration and recommendations, especially as to site. Mr. Hyde presented a rough drawing of the proposed He explained that the police would be in control The Some discussion Matter referred to Planning commission for its 5909 BERNARD PLACE CLEAN-UP REFERRED TO VILLAGE ATTORNEY. mitted, showing these premises, on which a dwelling was started in 1953 and is not yet finished, the premises being in a generally littered and unkempt condition, Stating that complaints have been received about this place from the neighbors, Mr. Hyde asked that the matter of a clean-up and finishing order be referred to the Village Attorney, and it was so ordered. Photographs were sub- SPRINKLING RESTRICTIONS TO BE FROM NCON TO 8:OO P.M. of water during this recent dry spell--and the resultant low water pressure which constitutes a very real hazard in time of fire--Manager Hyde asked that the present restrictions against sprinkling (from 4:OO P.M. to 8:OO P.JA,) be increased to restrict sprinkling from Noon to 8:OO P,M, Tupa's motion, that sprinkling by users of Village water be restricted to the hours between 12:Ol A.M. and Noon and between 8:OO P.M. and Midnight was seconded by Dickson, ayes and no nays, as follows: and Bredesen, aye; and the motion was unanimously adopted. MINUTES OF JULY 13TH COUNCIL MEETING AMENDED. 1959 were presented and reviewed. Dickson moved that the Minutes of the July 20th Meeting be approved as submitted; that the Minutes of July 13th be amended to show the following: Mr. Sacrickson, the builder of a home on Lot One, Block One, Lyle 2nd Addition, appeared before the Council to request release of three feet of an easement in this lot. three feet over the village easement; that this error had occurred because a re- survey had not been made by the builder at the time the foundation was constructed; that the setback from the lot line is correct, Builder told Council that FHA will not finance until the Village has released the easement. Council that the Village does not have need for this easement, and recommended its release, serious; that, had the easement been required by the village, he could have been required to move his house--that Council is aware that the location of dwellings on the lot in accordance with Village regulations is the responsibility of the builder, and is unwilling to allow deviations from these regulations. Dickson then moved for release of Village rights of easement in "The south 3 Feet of the North 20 Feet of Lot One, Block One, Lyle 2nd Addition". and carried." Citing the great consumption On Rollcall Vote there were five Beim, aye; Dickson, aye; Kohler, aye; Tupa, aye; Minutes of Meetings of July 13 and 20, "COUNCIL RELEASES PORTION OF EASEMENT IN LOT ONE, BLOCK ONE LYLE 2ND ADDITION. He explained that an FHA investigation has shown that the dwelling was located Engineer Zikan told Mr, Kohler warned the builder that this matter could have been very Motion seconded by Beim GAVIM PROPERTY CONDEI'vNATION DISCUSSED, condemnation of the Gavin property for storm drainage basin. action had been delayed pending p~& board's consideration of area for park purposes; that Board had acted in favor of/acquiring for park; that the proper legal description' will be forwarded to the Village Attorney's office tomorrow, so that proceedings can be started. PETITION FOR SANITARY SEWER ASSESSMENT RELIEF IN ATTORNEY'S OFFICE, Mr, Stow Mr. EL. Stow asked for progress report on It was reported that queried Council about disposition of his recent petition for relief from assessment for Sanitary Sewer No. C-1. investigation. He was informed it has been referred to Village Attorney for TRAFFIC THROUGH "LAKE EDINA CONTINUATION" NOT VILLAGE JURISDICTION. that gravel trucks from the Oscar Roberts and other pits in the area are using his "Lake Edina Continuation" roads as a short cut through to W.70th Street. told that, before street is accepted by the Village the Village has no jurisdiction over such trespassing. Mr, Stow reported He was 7/27/59 CLAIhfS PAID. Dickson's motion for payment of the following Claims, as per Pre-List ,dated July.27, 1959, was seconded by Tupa and carried: Geneial Fund $16,666.68 - Liquor Fund $42,481 . 71 Construction Fund 91 y 689 -91 Sewer Rental Fund 15 y 483.37 Park & Park Const. 11,587.55 Poor & PIR Funds 39558.80 Waterworks Fund 3,651007 TOTAL $185,119.09 Kohler then moved for adjournment to Monday, August 3, 1959 at 7:OO P.M. Motion seconded by Tupa and carried. Meeting ad$o€i$ned at 11:lO P.I.1. c ..?- Village clerk MINUTES OF THE ADJOURNED PORTION OF THE JULY 27, 1959 REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, AUGUST 3, 1959, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Kohler, Tupa and Bredesen. PUBLIC: HEARINGS ON PROPOSED STORM SEVER IMPROVEMENTS: Clerk presented Affidavit of Pu'blication in Edina-Morningside Courier July 23 and 30, 1959, of "Notice of Public Hearings on Proposed Storm Sewer Improvements", which affidavit was approved as to form and ordered placed on file. various hearings had been mailed to owners of affected properties within the drainage districts. AGnutes. were conducted, and action was taken as hereinafter recorded: Clerk also*informed Council that notices of the Copies of these notices are attached hereto and made a part of these Pursuant to published and mailed notices, the following Public Hearings PUBLIC HEARIXG 0P.l PROPOSED CONSTRUCTION OF A TRUNK STORM SEWER AND APPURTENANCES, INCLUDIKG CONSTRUCTION OF COXTROL WORKS THEREFOR; SAID TRUNK STORM SEAVER TO BE CON- GTRUCTED ALONG THE FOLLCY'IIKG ROUTE: "Beginning at the pond in the h'E1/4 S!'J1/4, Sec.31, Tvq3.28 N., R 24 U., at a pt. approx. 1240' W. and 460' S. of the center of Sec. 31; the -NEly along proposed drainage easements 440' more or less to the proposed street con- taining the Sanitary Trunk Sewer of the Village of Edina; th. parallel to said sanitary sewer and along proposed streets of the proposed addition by the Estow Corporation and South Garden Estates by proceeding E. about 650'; th. 14. about 180' to the E-W/4 line, Sec. 31; th. N. about 180'; th. E. about 67p',; th.'N. about 1130' to Yd.72nd St.; th. E, along H.72nd St. 350' more or less to the extended S. line of the Edina Grade School property; th. departing from the route of the said sanitary sewer and adjacent to the said E. line of the Edina Grade School property to W.70th St.; th. W. on W.7Oth St. to Cornelia Dr.; th. Nly along Cornelia Dr. to the extended N. line of Lot 17, B1. 1, Southdale First Addition; th. NlVly between Lots 16 and 17 of said B1. 1 to Lake I Cornelia" and "Beginning at the pond in the N1'11/4 SW1/4, Sec. 31, T. 28 N., R. 24 VI., at a pt. about 1220' 8. and 400' S. of NW Cor. of said NW1/4 SN1/4; th. V?. to the E. road ditch of State Trunk Highway 100; th. S. along said road ditch a dist. of 2800', more or less; th. W. across the Rcght-of-way of State Highway 100 to Nine Mile Creektt--the scope of said proposed improvement to include, besides construction of storm ,sewer, control works and other appurtenances, the acquisition oE all flowage and storage easements necessary for said proposed improvement. 200 persons the legal procedure followed in making improvements. tonight constitute the first phase of a proposed improvement consisting of some five Trunk Storm Sewers and 20 Laterals affecting about 1,600 acres and costing well over $1,000,000; that the improvements considered tonight consist of "Main #ltl--the key trunk main--and four laterals to drain the.area"s where storm drainage problems have already become critical. third attempt to provide drainage for the area in an economical, practical manner, with an equitable distribution of cost; other hearings having been held in August, 1957, and in June 1958; that construction of Trunk Main, as proposed this evening, is essentially the same as that originally proposed, but that the method of assess- ment is different and has been refigured by the Consulting Engineers on the bases of volume of water, cost of draining, need and value, for each respective area shown in the notice- of -hearing as mailed. Planning Director George Hite gave a short chalk-talk, demonstrating the savings to be made by using Lake Cornelia and "Normandale" pond as storage basins in lieu of draining completely by pipe. He told the audience that both the size of the pipe and the amount of the excavation involved are directly related to the Village's being able to use these ~VJO "reservoir$'. During his talk Mr. Hite reported that the amount of run-off in a wooded area is 1Qd; in a grassed area, IS$; and in a so-called "Paved" area of roofs, streets, sidewalks, driveways, the run-off increased to 80$-- and that in the area south of 70th Street 30;i is paved area. been consulted with regard to the problems this construction will involve; and that Hayor Bredesen opened this Hearing be reviewing for the large audience of about Manager Hyde reported that the five improvements being considered by the Council He told the audience that this Hearing represents the Manager Hyde told audience that the County and State Highway Departments have after considerable study and research the Village feel it does have the right to