HomeMy WebLinkAbout19591026_regular10/13/59
1.5s. ROY LriRSE! REGISTERS CO:.:PLAIr!T (21;' REGR:SDIT!G OF SOUTH ELlitI<E ROCLD BEIYEEI! LiUESo
fh. Roy Larsen, 6321 Interlachen Ed., coxplained that the recent regrading of that
portion of South Blake Road lying between the two "Xirror LBBes" has caused a
change in drainage--that water is now drained toward the Vest" la!:e by surface
drainage, a spillway and a brand new culvert.
inasmch as the Larsens vfanted neither xore nor less water in their pond.
Hyde ansaered that it is not certain that rrore water is now beking drained into the
pend than forererly went there; that water certainly flows out of the little pond
into the bigger Xrror La!:es; that the village has attempted to channel the water
in the simplest xanner, and has received many compliments on this improverrent.
Llls. Larsen stated she wants no more water in her lake because there will be a
continual rundorm, bloc1:ing the ends of drains; that she does not choose to bs
snaxped 57 her ol:n water from her ovm lake.
She asked why this uas done,
Ik.
No action taken.
The agenda's having been covered, Eeim moved for adjournKent.
by Kohler and carried.
Llotion seconded
Keeting adjourned at 11:35 P.Z. A
Village Clerl:
XIiJUTES OF THE REGULAR !.IEETII!G OF THE
EDEk VILLkGE COUIITCIL, HELD i.:C?XDAY,
CCTOBER 26, 1959, AT 7:OO P.Ziry AT THE
EDINA VILLAGE HALL
Rollcall was answred by rrerbers Beim, Dickson, Kohler, Tupa and Bredesen.
FUBLIC HEARIKGS Ci9 PKOFOSED ZOMIIi!G CHAKGES.
cation, Posting, and Ltailing, as follows:
Clerk presented Affidavits of Fubli-
1. Publication in Edina-Morningside Courier on Cctober 15 and 22, 1959,
posting of Rotice on Official village Eulletin Eoards October 21, and
mailing of Kotice to affected property owners of "Botice of Public
Hearing on Petition for Rezoning:.
2, Publication in Edina-tlorningside Courier October 15 and 22, 1959, and
nailing to affected property ovmers of "Notice of Public Hearing-Special
Permi tfl .
flailing to affected property owners of:
"P?otice of Hearing--Petition of Richard Powers for 9 Ft. Setbacks
(Side yard) at 4588 Garrison Lane."
"Notice of Hearing--Petition of Edward Capra for 3i Ft. projection
into required front yard setback, 6108 Xerxes Ave. So."
"IIotice of Hearing--Petition of Harold Hardacker for pernit to
face two dwellings on Kresse Circle rather than on Maloney Ave.
3.
A.
B.
C.
Pursuant to said I!otices, which were approved as tb form and.ordered placed on
file, the following Public HealTings were conducted, and action was taken as
hereinafter recorded.
1. PUBLIC HEARiT1:G OX PETITIQJ OF r.3. DAVE TEOI:AS FOR THE REZOIJING FRO!.: OPB!
DEVELOPi.ii!T DISTFXCT TO XULTIPLE RESIDEKE DISTRICT OF THE PROPERTY 1310','X AS
5410 FRAKCE AWJUE SOUTH.
presented by Planning Director Hite, together with Planning Commission's recommend-
ation for, approval of petition.
Lijsing, 5405 Halifax Lane, protested this large. unit.
that neighbors realize 'chat they cannot expect to have single-family units at this
location (just south of a filling station) but that they had hoped for double
bungalows at this site. He said it was his recollection that both Corrinission
and Council had advocated no apartment buildings on France Avenue south of 54th
St.
for this property, as a buffer between the comercial enterprise on the corner
and the double dwellings farther south.
ccncern about the height of the building, explaining that Halifax Lane is lower
than France and that the height of this proposed building will be out of line with
the other buildings in the neighborhbod. 2.k. Thomas, petitioner, told Council that
the elevation from grade to ridge of roof will be approximately 23 feet, vinich is
'no taller than many a two-story dwelling. Stating he feels that this is a proper
and equitable use for the property, Dickson offered the following Ordinance, rr.oving
that Council dispense with second reading and adopt Ordinance as submitted:
Plan of proposed 10-unit apartment/ building was
Llessrs. Nat Johnson, 5412 Halifax Lane and David
Mt-. Johnson told Council
Xz. Hite explained that the commission felt ltltiple Residence use was best
Kessrs. Johnson and Lijsing both expressed
D
@RDIP!AI:CE I?O= 261-52
i:! Or\DIr:kl!CE Ai.fET.!DIKG THE Z@ldIllG @RDI!!&:CE OF
EDII!A BY ESTi43LISNIP!G ADDITIC2!AL
XLILTIPLE RESIDEXCE DISTRICT
THE VILLAGE coui:ciL OF THE VILLAGE OF EDINA, XIPNESOTA, oram:s :
Secticn 1. Sect'lon 4, Xatltiple Residence District, of Ordinance 2211 of the
Revised Ordinances sf the Village of Edina, as amended, is hereby amended by adding
at the end of paragraph 1 02 said Section 4 an additional sub-paragrpph as follows:
10/26/59
"(e) That property legally described as follows: "Corrmencing 155 feet
South of the Northeast Corner of Section 19, Township 28, Range
24; thence South to the Southeast Corner of the North 1/2 of the
Northeast 1/4 of the Northeast 1/4 of the Northeast 1/49. thence
Westerly 170 feet; thence North to a point 155 feet South and
170 feet West of the Northeast corner of Section 19; thence
East to point of beginning,,except road."
Section 2. This ordinancev shall be in effect immediately upon its passage
and publication.
Motion for waiver of second reading and adoption of Ordinance as submitted was
seconded by Beim, and on Rollcall there were five a &s and no nays, as follows:
Eeim, aye; Dickson, aye; ICohler, aye; Tupa, aye; fledesen, aye; and the
Ordinance was adopted. 9
Village clerk
20 PUBLIC HEARING ON PETITION OF TEXACO, INC. FOR A SPECIAL PERMIT FOR THE ERECTIOPJ
OF A GASOLINE SERVICE STATIOP? AT 3900 W.7OTH STREET, Planning Director Hite told
Council that this area has been zoned "Regional Shopping District", that the site
was originally planned for a filling station in the over-all Southdale plan; that
the Flanning Commission has recommended approval-of request inasmuch as plan meets
all requirements of the "Gasoline Service Station" amendment to the zoning Ordinance.
There were no oral objections filed at the Hearing, and no written objections had
been received prior thereto.
Service Station on the following described property-:
215 Ft. of that part of the southeast 1/4 of Section 30, Tqwnship 28, Range 24,
lying East of the East line of Southdale First Addition and extension thereof,
except road" (3900 W.70th St.) was seconded by Dickson and carried.
Tupa's motion granting special permit for Gasoline
"The south 190 Ft, of the East
3?.. PUELIC HEl?n,ING ON PETITION OF RICHARD POIYERS FOR MINE-FOOT SIDE YARD SETBACKS
AT 450E GARRISON LAbJE. Showing a survey of the proposed location of the house on
the lot, Fk. Hite explained that the house is odd shaped, with living quarters at
both ends; that, to comply with the ordinance, a difficult driveway problem would
have to be met; that on one side of this lot there is vacant property., the old
Miller house (which is expected to be demolished) being on the other side. He
informed Council of Planning Commission's recommendation for approval of request.
There were no objections registered at the( Hearing and no written objections had
been filed prior thereto. Beim's moti.on for approiral.of petition was seconded by
Kohler and carried.
3E.
FROI!T YI'IFLD SETB!!CK, G108 XERXES AVENUE.
neighbors have conformed to the required setback, but that setbacks on the block
are irregular because so many of th8 homes are older, i.k. Mite said that this
house was planned €or a front kitchen; that if permit is not granted the kitchen
window will be eliminated.
and no written objections had been filed prior thereto.
permit was seconded by Tupa and carried,
FUELIC HE.QIPIG a1 PETITIOI\J OF EDWIRD CAPRI! FOR 3-&FOC!i? PXOJECTIOII DIT0 REQUIRED
Te-lling the Council that the immediate
There were no objections registered at the Hearing,
Iiohler's motion for
3C.
D!'!ELLII!GS OM KRESSE CIRCLE RATHER THAF! OK illA4LOPEI AVEXUE.
Council had denied this request on August 24, pursuant to objections by three
persons living on blaloney Avenue; that, since that time !!"E, Eardacker has presented
plans which relocate the garages, and objections have been withdrawn by letter.
He recommended approval.
and no written objections had been received prior thereto.
permit for the facing of dwellings on Lqts 2 and &, Block 1, I'resse Addition on
&esse Circle, rather than on Maloney Avenue, was seconded by Tupa and carried.
PUBLIC HEARING 013; PETITION OF MR. HAROLD HARDACEER FOR PEPJ'JhIT TO FACE l?JO
k. Hite explained that
-
There were no objections registered at this Hearing,
Beim's motion, granting
PUBLIC HEI',RIIJGS ON ?ROPOSED ASSESSLEPJTS FOR IMPROVELlE"S, Clerk presented Affidavits
of Publication of "Notices of Hearings'! in Edina-Llorningside Courier on October E and
15, 1959, vhich were approved as to form and ordered placed on file,
said I!otices, the following Public Hearings were conducted, and action was taken
as hereinafter recorded:
A. PUELIC WEARING OD1 PROPOSED PSSESSMENT FOR STORIfl SEYJER ILIPROVEPENT FJO. 45 - In
W.55th St. from York Ave. to Zenith he., and including Blacktopping of ~~55th St.
from York Ave. to Xerxes Ave. Tabulation of Assessment was read at Total Cost of
$5,139.51, proposed to be assessed against 196,&85 Square Feet, for $.02G per square
foot, as compared with Improvement Hearing Estimate of $.036. ISlessrs. G.J.Schilling,
5425 York Ave. and E.C. Shaughnessy, 5433 York, protested being included in tine
assessment, stating that their land drains north. Engineer Zikan esplained that
the Park Department had instaled a storm sewer, without assessment, to the north
of this project; that this present cost includes cost of that storm sewer--into
which the water on York, north of I'J.55th Street, drains--that this matter had been
agreed on by park personnel and YOrk Avenue owners prior to the improverfient hearing,
Pursuant to
266 10/26/59
to the best of his !mawledge.
i;hat.-khe\r had as1:ed for a resurvey of the properties at the time of the Improvenent
Hearing.
Park property fcr a nurrher of years--that the only improvement made was at the
"Park" end of the drain.
Village personnel, and Kohler Gotred that assessri.ent levy be tabled for further
investigation.
111 !;'.55TH STREET FRCZ YEX ,'\\[E. TO XERXES AVE. Tabulaticn of Assessrr.ent was read
at Total Assessable Cost of $1,433.48, proposed to be assessed against 511.6 Frcnt
Feet, for $2SO per frcnt foot, as conpared with Improvexent Hearing Estimate rsf
$3.10.
had been received prior thereto.
by Dickson and carried. (See Resolution of later in meeting, Adopting and Confirming
iissessnents) .
;i!~ CURB ,'jfD GUTTER IIapRO~,rE:,:i3!T P?O. B-Gl--In Cornelia Drive from Vl.56th Street to I'J.6Sth
Street. Tabulaticn of Assessxents was read as folloas: For Blacktopping IKprovenent - Total Cost, 555,000.83, proposed to be assessed
against 2,217.7 front feet, for 82.25 per front foot, as compared with Inprovenent
Hearing Estimate of $3.24.
For Curb and Gutter 1rr.provenen.L; - Total Cost, $5,156.06, proposed to be assessed
against 2,2l7.7 front feet, for $2.32 per front foot, as conpared with Irilprovement
There were no objections registered at the Hearing, and no written objections had
been received prior thereto, and Ibhler's motion approving both assessments vas
seccnded by Dickson and carried.
Confirming Assessnents) .
:JID B-66-- II! S3UTIiCREST DRIVE FROX UPPER TERRACE TO YJ.66TH STREET. Tabulation of
Assessments was read as follows :
For Blacktopping Inpravement - Total cost, $8,099.65, proposed to be assessed
against 2,994.5 front feet, for $2.70 per front foot, compared with kprovement Rearing
Estimate of $3.52.
For Curb and Gutter Ir'provenent - Total Cost, 57,59.04, proposed to be assessed
against 2,994.5 front feet, for $2.63 per front foot, as cozpared with Improvement
Hearing Estimate of $2.77.
There were no objections registered at the Hearing, and no written objections had
been received prior thereto, and Dickson's motion approving both assessnents was
seconded by Beim and carried. (See Resolution of later in riieeting, Adcpting and
Confirming Assessxents) .
It1 I'J,GOTf-I STREET FRO!.: I'JCODDALE AE. TO OitILi%&i AVE. Tabulation of Assessment was
read at Total Assessable Cost of $2.368.32, proposed to be assessed against 1,066
frcnt feet, for $2.22 per front foot, as compared with Inproverzent 1-learing Estimate
of $3.00. Eeither oral nor mitten objection was registered, and Tupa's rzotion
€or approval of assessrr,ent was seconded by Beim and carried.
later in meeting, idopting and Confirming Assessments) .
H .
IP2 GROVE STREET FRCE CODE AVE. (SOUTH) TO TIKGDILE AVE, Tabulation of kssessnent
shcned Total Assessable Cost at $2,148.35, proposed to be assessed against 1,072
Assessable Feet, for $2.00 per foot, as compared with Iqxovezent Hearing Estimate
of $2.43.
Xotion seconded by Tcpa and carried.
Ldopting and Ccnfirming Assessnents) .
I.
Tabulation of Assesst-ent aas read at Total Assessable Cost of $2,813.80, proposed
to be assessed asahst 1,OEE.3 front feet, for $2.58 per front .foot as ccripared
with 1r:provenent Hearing Estimate of S3.EO. P!o objections v:ere regfstered, and
::ohler rnoved for assessr;..ent approval.
(See Xesclu'cion oi" later in neeting, Adopting and Confirming ;tssessr.ents).
J-
If: CODE AVElUE FXCI K.57TH STREET TCI IELODY L.K% DRIVE.
sho!ved Total Cost to be 53,075.98, proposed to be assessed against 1,070.9 .front
feet, for $2.E7 per frcnt foot, as coriqared with $4.05 Iizprovenent Hearing Estimate
Xci objectfons ctere registered, and Eeim moved for assesszent approval.
seccnded by Tupa and carried. (See Resolution of later in meeting, jidopting and
Confirming .*,ssessn:ents). b
IF 1:'CGDDXE L;J!E. Tabulatian of Assessnent was read at Total 1,ssessable Cost of
51,997.73, proposed tc be assessed against nine lots, for $221.72 per Lot, as
coqared with 314.17 per Lot.
%he street does not drain properly. Engineer Zikan informed him that the contract
is not cozpleted; that, because of inclement weather the contractor was granted an
extension of the in vinich to complete; that street will not be sealed until next
year, aust be maintained by contractor until that time; that drainage v~ill be
corrected bY contractor before final payrent is made.
registered, and %in mved for assessment approvel.
carried,
Xessrs. Schilling and Shaughnessy rexinded Ccuncil
They told Council that a culvert had been in the street, draining to the
It vias suggested that the matter be thoroughly revierred by
I.:otion seconded by Tupa and carried,
B. PUEIC HWFtIfIG OiI PROPOSED ASSESSi.Il3T FOR CURB AI?D GUTTER I:."%'E1OVEi.;%il:T 1fO. E-62,
There were no objections registered at Hearing, and no mitten objections
Kohler's notion approving assessnient vas seconded I C. PUELIC I-IELqII:GS O?! PROPOSED ASSESSbIEI!TS FOR BLXLT0PPII:G 13P2OVE.?3~T 1:O. L-143
- Hearing Estimate of $3.11.
(See Resoluticn of later in meeting, AdGpting and
E. &F . FUELZC WEAR1I"GS 0;: PROPOSED ASSESSZY€NTS FOR EG.CKTOPPIKG I;JP8OVEX3!T !!Os A444
I
Go PUBLIC HERZII!G C;! ?i?OPOSED ASSESSLiEtJT FOR BLkCI<TOPPII!G IIX'ilOVE.B:T 170. k-121--
(See Resolutton of
PUELIC HEARIIIG C:! FROPOSED XSSESSIEIIT FOR BLACITTOPPII1G II.IPROVE.'.:ET,TT i+!O. ft-125--
€To objecticns registered, and Beim moved for approval of assessnent.
(See Resolution of later in meeting,
PUBLIC HEL?Ii:G Ci: PiXFGSED iSSESSIJET FOR I3LiSl,TOP?II.!G I!.:?2OVEt.:S!T IiO. A-126--
(UPPER TERRISE, BCITTXN l?!, TO SOUTHCREST D8. )
)
iJotion seconded by Dic!:son and carried.
FLUXIC EEi2IP:G CIT FXFCSED A SSESSEP!T FOS BLI;C!TOFPII!G I:.:PXQYE.iE!T :IO. k-130-- *I Tabulation of Assessxent
t:oticn
!L FUELIC HEA!?II!G C:J PEOPOSED I:.SSESSbIEI!T FOR BLACITOPPII!G IieiP20VE.T3?T 110. i\-131--
Lir. Robbins, 5023 Yooddale Lane, protested that
other objections 5;'ere
riok-on seconded by Tups and
(See Resolution of later in meeting, Adopting and Confirming Assessnents) '
10/26/59 267
L PUBLIC HEARIIIG Oi?! PROPOSED ASSESSIdEbJT FOX ELACI<TOPPIP,IG II.:Pl?OVEi~lB~IT l.:O* ,4-133-,-jL
IN EEFEBRD PLACE FROiJ W.57TH ST. TO GROVE ST. : GROVE ST. FRO14 BERNARD PLACE TO 134
FEET EAST bJ?D 134 FEET WEST. Tabulation of Assessment was read at Total Assessable
Cost of $4,668.32, proposed to be assessed against 1,752 assessable feet, for $2.66
per assessable foot, conpared with $3.32 Improvement Hearing Estimate. There were
nrJ oral objections registered at the Hearing.
to corner lots and was informed that they are assessed for their full cornero
Dickson moved for approval of assessment, motion was seconded by Tupa and carried.
(See Resolution of later in meeting, Adopting and Confirming Assessment) .
IN EERLJAPLD PLACE FROM W,56TH ST. TO W.57TH ST. Tabulation of Assessment was read at
Total Assessable Cost of $3,247.68, proposed to be assessed against 1,197.3 assess-
able feet for $2.71 per foot, compared with Improvement Hearing Estimate of $3.51.
KO objections were registered at the Hearing, and none- had been received prior
thereto, and Tupa moved for:.approLal: of asseSsrh6nt. -: :~~fi!otion 'seconded by Dic!:son and
carried. (See Resolution of later in meeting, Adopting and Confirming Assessment).
Dr. Vizzier inquired about assessment
!A. PUBLIC HEWLING Ob! PROPOSED ASSESSIJIENT FOR BLACKTOPPIMG IkiP2OVEiiIE3JT NO. A- 135--
.
N. PUBLIC HEARING ON PROPOSED ASSESSI4ENT FOR ELAChTOPPING IAIPROVEMEPIT 120. A- 137--
IF! 'JEST SHORE DRIVE FROM DUNBERRY LANE TO LAGUNA DRIVE AND IN UPPER TERRACE FROM
SOUTHCREST DRIVE TO WEST SHORE DRIVE. Tabulation of Assessment was read at Total
Assessable Cost of $9,018.75, proposed to be assessed against 3,516.7 assessable feet,
for $2.56 per assessable foot, compared with Improvement Hearing Estimate of $3.51.
There were no objections filed, and Kohler moved for approval of assessment.
?Jotion seconded' by Eeim and carried.
and Confirming ssessment)
(See Resolution of later in rr,eeting,Adopting
0. PUBLIC HEAFXNG OIJ PROPOSED ASSESSMENT FOR BLACKTOPPING Ir.~PRovmEm ria. A- 139--
TlT \'?EST HIGHI'KIOD DRIVE FROM PINE GROVE ROAD TO SOUTH LIIIE OF IDYLUOOD THIRD L"DDT:*
Tabulation of Assessment was reat at Total Assessable Cost of $5,871.39, proposed
to be assessed against 2,265.4 assessable feet, for $2.59 per assessable foot, as
compared with Improvement Hearing Estimate of $3.33.
approval was seconded by Tupa and carried.
against the assessment.
ing Assessment)
Eeim's motion for assessment
There were no objections registered
(See Resolution or" later in meeting, Adopting and Confirm-
Po PUBLIC HEARING Ob! PROPOSED ASSESSLIENT FOR BLACI3OPPING 1II;PROVEIdEMT €10. A-145--
II! IDYLYOOD DR. FEOfil EAST LIPIE OF IDYLWOOD 2ID ADDN, TO VI.HIGHYJ00D DE, : I'J.HIGHI;JO@D
DRIVE FROLI €1. LINE OF IDYLI'JOOD 2PJD ADDN. TO 317.24 FT. S. Tabulation of Assessment
was read at Total Assessable Cost of $3,970.75, proposed to be assessed against
1,464.3 assessable feet, for $2.71 per assessable foot as compared with Improvement
Hearing Estimate of $3.97. No objections were registered, and Tupa moved for
assessment approval. "Motion seconded by Beim and carried.
later in meeting, Adopting and Confirming Assessments) . (See Resolution of
Q PUBLIC HEARING ObJ PROPOSED AISIENDEENT TO ASSESSfvEPJT FOR BLACISI'OPPING IMPROVEI."IENT
120. A-l32--IFI OAIZAVfl~I AVE. FROM DUNBERRY LANE TO 137 FT, '!J. OF POIP!T DR.: POIrtT DR.
FROX DUFIEERRY LA4P!E TO AND INCLUDING CUL-DE-SAC : JUDSON LANE FROM POINT DR. TO 160
FT, \'JEST. Review was made of the September 21st Public Hearinq on this proposed
assessment, when Mr. Multaler, owner of Lot 13, Block 1, protested being askessed
for a forty-foot strip of his property which is on the turn-around, besides his
assessment for both front and side footages, and the Council determined to divide
the assessment for the 40-foot strip against the remaining three lots facing the
turn-around--the*e heing no other amendment to the proposed assessment of $2.53
per assessable front foot. Amended assessment roll showed an addition of 13.3
assessable feet for Lot 14, Block 1, Southdale Third Addn., 13.3 each for Lots
15 and 16, Block 1, and a deduction of a0 feet from Lot 13, Block 1,
owner of one of the three lots to which additions had been made, protested.
that when Mr, Idultaler purchased his property it was already platted and he was
aware of the lot's footage on the street, Ivlrs. Lindblom asked that he be estopped
from denying liability for the streets abutting his property. A representative
for the owner of Lot 15, Block 1, stating that because Idr. Alultaler had objected
to curb, owners of neighboring properties had refrained from petitioning for it,
asked that full blacktopping assessment be made.
that Mr. Multaler does use the turn-round portion of the cul-de-sac in backing out
of his garage. Stating that, without hk. hlul'caler's consent it is doubtful that
the other neighbors could have had blacktopping at all and that Council had felt
that the presently proposed arrangement was equitable inasmuch as the other large
lots in the area were receiving the benefit of snall front fobtages, Trustee Kohler
moved for approval of assessment as amended.
(See Resolution of later in meeting, Adopting and Confirming ,'issessments).
R.
isvenue and !.Iaddox Lane Oiling had been seriously damaged immediately after completion.
Council (delayed Hearing some l* hours, for complainants to arrive; and, when no one
appearec' Kohler moved, approving Oiling 1959 Assessment (See Resolution of later in
meetings Adopting and Confirming Assessments)
foint on properties abutting some 28 streets and alleys. Motion SeCa-ded Beim,carried.
Mrs. Londblom,
Stating
It was reported by neighbors
Motion seconded by Beim and carried.
OILIb!G 1959 IIAPROVEKENTS. Clerk reported receipt of complaint that IAildred
Assessment levied at 174 per front
I(clh1er then moved that the Oiling Assessment Complaint be referred to the Village
Zanager, to see if soir.e way cannot be had to alert the public to aid in apprehending
drivers of heavy trucks, which damage the oil coats. i:Iotion seconded by Eeim and
carried .
268 10/26/!39
1:ohler then offered the following Resolution and noved its adoption:
RESOLUTIOX AWPTING AND C@PIFIRI;EING ASSESS!.IEGTS
AND B-66; BLACKTOPPIWG IMPROVEMENTS HOS. A-121
A-125, A-126, A-130, A-131, A-132, A-133, A-135,
A-137, A-139, A-143, A-144 AND A-145: AND
CURB A" GUTTER IMPROVEMENTS NOS. E-61 , B-62,
1
OILING 1959 ILlPROVE!.ENT
BE- IT RESOLVED by the Village Council of the Village of Edina, IAinnesota, as follows:
ments for CURB AND GUTTER IXPROVEIENTS NOS. B-61, B-62, AND B-66; BLACKTOPPING
A-143, A-144 and A-145; AND OILING 1959 IIIIPROVEftENT,'and each of them, have been
properly 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 Reet to hear and pass upon all objections, if any, to amend said pro-
posed 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
objections; and that each of the lots, pieces ahd parcels of land enumerated in the
respective assesments was and is specially benefited by the construction of the
improvement for vhich 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.
together with the interest accruing on the full amount thereof froq time to time
unpgid, at the rate of five percent per annum from the date of this resolution,
shall be a lien concurrent with general taxes upon the property described therein
and all thereof,
Nos, B-61 and B-66 and for Blacktopping Improvements Nos. A-126, Ei-133', A-137, A-143
and A-144 shall be payable in equal annual installments extending over a periad of-10
years, the first of said installments, together with interest on the entrre assess-
ment from the date hereof to December 31, 1960, to be payable with 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 general taxes for the years
1, It is hereby found, determined and declared that the proposed assess-
ILlP2OVRJR'JTS NOS. A-121, A-125, A-126, A-130, A-131, A-132, A-133, A-135, A-137, A-139,
I
2.
The assessment against each lot, tract or parcel,
3. The total amount of the assessments for Curb and Gutter Improvements
I a 1960 through 1968, collectible in the respective ensuing years.
4. The total amount of the assessments for Curb and Gutter Improvement
No. E-;2 and for Blacktopping Improvements Nos. A-121, A-125, A-130, A-131, A-132,
A-135, A-137, A-139 and A-145 shall be payable in equal annual installments extending
over a period of five years, the first of said installments, together with interest
on the entire assessment from the date hereof to December 31, 1960, to 'be payable
with 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
general taxes for the years 1960 through 1963, collectible in the respective
ensuing years.
be payable in one installment, together with interest on the elltire assessment from
the date herebf to December 31, 1960, to be payable with general taxes for the year
1959, collectible in the year 1960.
6. 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 installment
and interest set forth separately, to be extended upon the proper tax llsts of the
County, and the County Auditor shall thereefter cause said assessmerlts to be collected
in the nanner provided by law. Said duplicate shall be designated as the ASSESSI.IEit'T
5. The total amount of the assesment for Oiliilg 1959 Improvement shall
ROLL FOR CURE AND GUTTER IUPROVE:ll3JTS NOS. E-61, B-62 AKD B-66; BLAChTOPPIRG Il.fP8OVE-
LIENTS H@S* A-121, A-125, A-126, A-130, A-131, A-132, A-133, A-135, A-137, A-139,A-143,
A-144 ATID A-143; AND OILING 1959 II.IPROVEMEHT, and all amounts collected in respect of
the assessmer~ts therein contained shall be similarly designated by the County
Treasurer and remitted to the Village Treasurer,by him credited to the 'IMPROVEirlEt:T
hlotioll €or adoptior~ of the Resolution was seconded
five ayes and no nays, as Eollov~s: Beim, aye; D
and Sredeseri, aye; and the Resolution was adop
WHD REDEaJPTIO>? FWJD. ,
AVARD OF BIDS TAKEC.: TODAY,
and recommendatiorls were made and Council action taken as hereinafter recorded:
Engineer Zikali presented Tabulation of Bids taken today,
3.0/26/59 2 6 91 1. SANITARY SEWER IMPROVEfclENT NO. 159--Valley View Heights-Countryside area,
Tabulation of Bids showed receipt of three bids on the June 15, 1960 completioii
date, Barbarossa and Sons, Inc,, being low bidder at $228,014.10; Northern
Contracting Company second low, at $271,752.85; and Phelps-Drake Co. being
high bidder at $354,375.43. The only bid received on January 1, 1960 completion
was that of Barbarossa and Sons, Inc., at $244,050.00. Engineer Zikari reported
that bids are way over Improvement Hearing Estimaee, because the contractors have
found that the water table in the area is sufficiently high to cause considerable
wet work. He recommended award of bid be delayed until iiext Council Meeting and
that Council schedule a new Public Hearing on an Estimate computed from these
bids. Gohler so moved, motion was seconded by Beim, date of Hearing to be
Monday, November 9, and on Rollcall vote, Beim, Dickson, gohler, Tupa and
Bredesen all voted aye and motion was unanimously carried,
2. rSJATERtlAIN IF.4PROVEMENT NO. 141--Interlachen Blvd.-Mirror Lakes Area.
Tabulation of Bids showed receipt of five bids on the June 15, 1960 completion
date, Swanson Excavating Company being low bidder at $88,200.00; Barbarossa and
Sons, Inc., second low at $89,494.00; and Phelps-Drake Co., Inc., high bidder
at $95,261.00. As to the January 1, 1960 completion date, only three bids were
received: Swanson Excavating Co,, at $88,982.50, Barbarossa and Sons, Inca at
$89,494.00 and Phelps-Drake Cob, Inc., at $95,261.00. Because this main does
loop two large mains and would improve water service for an extensive area
hlr, Zikan recommended award of contract on the January 1st completion date, to
Swanson Excavation Co. at $89,494,00. Tupa so moved. Motion seconded by
Dickson and carried.
of two bids, that of Perkins Electric Coo in amount of $5,675.00, and that of
Dave Gilbertson Co. in amount of $5,754.00--this last bid not being in accord
with the specifications offered b.1 the Village (drawn by Banister Engineering
Co., Conslilting Engineers) but able to accomplish the sarr,e result. Utilities
Supt. VJoeliler told Council this system will provide for a main control cabinet
at the Village Hall for the reservoir and will provide for facilities to take
care of four wells in the f?ltilre. He recormended award of contract to low
bidder, and Eeim so rroved.
h
3. SUPERVISORY CONTROL SYSTEhI FOR WATERWORKS. Tabulation of Bids shovjed receipt
Idotion seconded b;l Dickson and carried.
PETITIOIG FOR I:.;PROVEIIIENTS FILED.
silbnitted, and Kohler moved for acceptance.
The following Improvement Petitions were
Motion seconded b; Tupa and carried,
1.
2.
Elacktopping - Chowen Ave., W.63rd to VJ.64.th St.
Sanitary Sewer - Highland Road.
The petition for Sanitary Sewer was accompanied by a letter telling of serious
cesspool troubles, and asking the Council to expedite improvement; and, after
consulting with Village Engineer Zikan as to the feasibilit-; of doing the work
thjs year, icchler offered the following Resolution and moved its adoption:
RESOLTJTIOR PROVIDING FOR PUBLIC EEARIfIG
PROPOSED SNJI TARY S B'JER IIIPROVE?LEI<T
BE' IT RESOLVED bj the Council of the Village of Edina:
1. The Village Engineer, having submitted to the Council a preliminary
report as to the feasibility of the proposed Sanitar:: Sewer Improvement
described in the Form of Notice of Hearing set forth below, and as to the
estimated cost of such improvement, said report is hereby approved and
directed to be placed on file in the office of the Village Clerk.
2. This Council shall meet on Monday, Uovenber 9, 19Z9, at 7:OO P.IA., in
the Edina Village Hall, to consider in public hearing the views of all persons
interested in said proposed improvement,
time, place and purpose of said meeting to be published in the official
newspaper once a week for two successive weeks, the second of which publi-
cations is to be not less than three days from date of said meeting, which
notice shall be in substantially the .following form:
3, The Clerk is hereby authorized and directed to cause notice of the
NOTICE OF PUBLIC HEARING ON
PROPOSED SANITARY SEWER IMPROVEEILTT
.NOTICE IS HEREBY GIVEN that the Edina Villaqe Council will meet at' the Edina
Village Hall on Eonday, November 9, 1959, ai 7iOO P.I:!., to consider the follow-
ing prclposed improvement to be constructed under the authority granted by
sota Laws of 1953, Chapter 398, The approximate cost of said improvement
estimated by the Village Engineer as set forth below:
IJinne-
LS
ESTIZ9fiiTED COST
COI'JSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES 7
IN THE FOLLOVlING STREET:
Highland Road from Crescent Drive to 330 Ft. West $6,129.60 The area proposed to be assessed for the cost of said proposed improvement
includes all lots, blocks and tracts of land abutting the streets proposed to
be improved by said Sanitary Sewer. I
Motion for adoption of the Resolution was bjr Tupa, and on Rollcall there
were five ayes and no nays, as follows: Kohler, aye;
Tupa, aye; Bredesen, aye; and the
270 10/26/59
d 1:ohfer offered the following Resolution and moved its adoption:
RESOLUTIC(4 APPROVING PLANS &ID SPECIFICATIOXS FUR
PROPOSED SANITARY' SBJER Il.iPROVEI:IENT, .UD DIRECTING
ADVERTISEldENT FOR BIDS.
BE IT RESOLVED by the Village Council of the Village of Edina:
1. The plans and specifications for the proposed Sanitar, Sewer Ircprovement
set forth in the following Advertisement for Bids form, heretofore prepared b-i the
Village Engineer and now on file in the office of the Village Clerk are hereby
approved.
and the Construction Eulletin the following notice €or bids for said improvement:
2. The Clerk shall cause to be published twice in the Edina-l.!orningside' Courier
ADVERTISE.1;ET.JT FOR BIDS
SAPIITARI' SE!'?ER I!dPROVE.~E%T
SEALED BIDS will be received and opened in the office of the Village Xanager
in the Edina Village Hall, 4E01 ;'!est 50th Street, at 11:OO A.K., iJonda;, Roverrrber 9,
1959, and the Edina village Council will meet at 7:OO P.ti., on Konday, November 9,
1959, to consider said bids, being for the following:
CONSTRUCTION OF VILLAGE SAHITARY SEPIER AI?D kPPURTBJ2JJCES If2 THE FOLLOWIE2G
STREET:
Cork rust be done as described in plans and specifications on file in the
Highland Road from Crescent Drive to 330.feet T!est.
office of the Village Cler!:.
of $10.00, vhich deposit will be refunded upon return of said plans and specifi-
cations.
bid bond or certified check pa-.able to the Village clerk in the amount of at least
ten percent of atmunt of base bid. The Cmncil reserves the rfght to re:ect any;
or all bids.
Bi ORDER OF THE VILLAGE COURTSIL.
Plans and specifications are abailable for a deposit
No bids ail1 be considered unless sealed and accovpanied b; cash deposit,
GRETCHEN S. ALDE3.I
Village Clerk
3.
hereby adopted as the terms and conditions of award of the contract for said
improvement . Each and all of the terms of the foregoing advertisezent for bids are
Ibtion for adcpticn of the Resolution was s
were five ayes and no nays, as follows: Be
aye; and Bredesen, aye; and the Resolution
pa, and cn Rollcall there
son, aye; I:ohler, aye; Tupa,
HEARItJG ON ALLEY VACATICX SCHEEULED FOR NOVEGBER 23.
the Vacation of that Alley lying between Jackson and Van Buren Aves. and between
Belmore Lane and the I'!orth Village Limits, which was referred to the Village Planning
Comission for its recormendation, with understanding that if recomendation is
favorable Public Hearing will be scheduled for IJonday, November 23 at 7:OO P.i.1.
Xotion was by Kohler, seconded by Tupa and carried.
Clerk presented *Petition ,for
PUBLIC HEALTH NURSIPTG REPORT FOR SEPTELIBER was swbni tted, reviewed and ordered placed
on file,
APPLICATIGK FOR CN-SALE BEER AT SOUTHDALE WTL ,3401 W.G9TH ST. APPR@VED.
nation was made by Dickson, seconded by Tupa and carried, after revievre of Police
Department favorable recorir!:endation.
Approving
"VILLAGE SHARE" OF UTILITIES Chi BRISTOL BLVD. CANNOT BE PAID, ATTOREY SULES.
to kir. E.C. Stov:'~ request Ear payxent of some $817.00 per lot for five lots abutting
Bristol Blvd. (Village-owned park), as submitted at the xeeting of October 13, 1959,
and the Council's subsequent referral of this request to the Village Attorney for his
ruling on legality of Village payment, Attorney Hasselquist stated that considerable
research has been dohe by his office this past two weeks and that no statutory authority
for making such payment can be found; that the Village cannot legally pay for an
improvement for which bids have not been taken,
Pursuant
"YJATER LOOP" IN STGI'J'S EDGEI,iWR DISCUSSED: VILLAGE TO TAI:E BIDS. tire S~OW told
Council that a watermain is needed in !'Jest 72nd street from Bristol Elvd. to Lynmar
Lane and in Lynmar Lane from Vest 72nd Street to !Javelle Drive; that he feels that
the Village should stand some portion of the cost of this main inasxuch as it abuts
Village-owned park. He told Council that he his a tentative contract for this main,
now, but, in view of Xr. Hasselquist's immediately preceding ruling he believes it
should be cancelled and the Village should take bids; that he will pay, directly to '
the Village, his share of the cost of the IIloop" but that he feels that it is only
fair that the Village assune its share of the cost fcs its park-abutting properties--
which, according to his rough figures, should be approximately the cost of the
"Village share" of the utilities on Bristol Blvd,
(see next paragraph); and, after Lll. Stow had been informed that the Village cannot
Considerable discussion was had
1 O/26/59
accept the bid tendered to Mr. Stow, even though it is lower than the lowest sealed
bid received; and that the Council will stipulate the amount of benefit to be received
by the Village-owned park for water service (which benefit bears no relation to the
cost of utilities on Bristol Blvd.), Kohler moved that the Village ta!:e bids
€!ovember 9, 1959, for a Watermain in VIJ,72nd Street from Bristol Blvd. to Lynnar
Lane and in Lynmar Lane from IY.72nd St, to Mavelle Drive,
Beim and carried.
Motion seconded by
"Pf?EI: SHRP,E" OF UTILITIES IN NEW DEVELOPMENTS DISCUSSED. Council entered into a
lengthy discussion on the matter of the Village's responsibility in the matter of
costs of utilities abutted by Village-owned park properties, pursuant to hlr. 2.C.
Stow's request for village payment of utilities in Bristol Blvd., as hereinbefore
recorded. ?.?E. Stow reminded Council that "Stow's Edgemoor" had been platted
before the policy on developer-construction of utilities had been completely
worked out; that he had had no knowledge that he would have to assume the cost of
sanitary sewer and watermains abutting village-owned park; that, had he had such
l:nowledge at the time he could have added this cost on a pro-rata basis to the
cost of his lots but that, now, he stands to lose some $3500. Council discussed
the matter in relation to plats now being filed and in relation to "park benefit".
It was concensus that all parks will need water connection for maintenance
purposes; that sewer connections will be needed only in the larger areas, where
toilets are to be installed.
developers should be required to pay the entire cost of utilities in their
developments; others felt that the Village should assume some cost for at least
the water utility. Then came the question, 'What happens when the development
ends at a street, with a park across the street--are the lots abutting the border
street to'pay the entire cost of the utilities?" An opinion was given that the
Park Eoard should be required to recommend the number of server and/or water
connections which would be required for each park and that village share of cost
should be computed accordingly. Because it was realized that a policy could, not
be established ail'nout further information the matter was referred to the Village
Attorney, the Park Board and the Village Engineer for their recommendations.
Some members of Council were of the opinion that
ST0!7 TO COPJSTRUCT STORIil SEMER IM "STOW'S EDGE!IOOR" bAT HIS 0l'R.J EXPENSE. Earlier in
the eveninq Enqineer Zikan had reported to the Council that a storm server is needed
in Stow's Edgemoor without further delay.
install this storm sewer at his own expense installing the storm sewer at his own
expense until he learned that the Village %ould bear. no cost of the Bristol'Blvd.
utilities--that he could not afford to bear the entire cost of both improvements.
However, after the Village had agreed to take bids on the watermain loop in YJ.72nd
Street and Lynmar Lane Mr. Stow agreed once again that he would construct the
storm sewer at his ovm expense.
Idr. Stow explained that he had agreed to
HOPKINS-EDINA JOINT LlEETING TENTATIVELY SCHEDULED FOR NOVEMBER 30.
that Hopkins has asked for a meeting concerning boundaries, storm sewers, etc.,
preferably for November 24 at 4:OO P.fL Council agreed Lo meet with Hopkins on
November 30 or November 23 in preference to the 24th.
It was reported
Manager to contact Hopkins.
EEEPORT !JADE ON DARE ZONING VIOLATION, 4400 V1.50TH ST.
was not able to contact Nr. Darr today with regard to this matter but that he
understands the property is changing hands, most of the home workshop equipment
has been moved out and Lii. Darr is not employing anyone at this address. One
member of the Council stated Llr. Dam has rented a store building for his
operations. I.k. Hite was directed to make a follow-up call at this residence
to ma!:e sure that the violation was not continuing.
Lir. Hite reported that he
REZONIMG OF PEARCE TRACT-VILLAGE SERVED liTITI-I SUIJMONS bED C@IZLr?INT FOR DECLARATGRY
JUEGBIENT PERTIIINIP!G THERETO.
Complaint for Declaratory Judgment in the matter of the Katherina and hlarie Pearce
petition fur the rezoning of the South 600 feet of Lot 5, Cassin's Outlots.
Llatter referred to Village Attorney.
Clerk repor-l;ed having been served with Summons and
EUILDIb!G REFORT FOR SEPTEMBER, 1959 was filed, reviewed and ordered placed on record.
WATER PROGRESS REPORT DISTRIEUTION was discussed, concensus being that general report
be made on the progress alreagy made, and not to include plans for future treatment.
CLAIMS PAID.
the following Claims, as per Pre-List dated October 26, 1959:
Funds, $2,033.90; !'later Fund, $3,503.85; Liquor Fund, $54,435.00; Sewer Rental Fund,
$390.39; Improvement Funds, $9,742.40--TotalY $226,705.53, and an additional Claim
Motion was made by Tupa, seconded by Beim and carried, for payment of
General Fund, $11,951.19; Construction Fund, $144,648.60; Park and Park Const.
in amcunt of $1,250 to Pure Oil Company from General Fund; for payment of Used Tan!.:
Truck for Fire Dept.
The agenda's having been covered, Tupa moved for adjournment.
Kohler and carried. Motion seconded by
1,Aeeting adjourned at 9r20 P.M.
Village Clerk