Loading...
HomeMy WebLinkAbout19600912_regular9/12/60 ,L. MINUTES OF TlIE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, SEPTEMBER 12, 1960, AT 7 :00 P.M., AT EDINA VILLAGE HALL. "p Members answering Rollcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. BUDGET FOR YEAR 1961 was officially presented to Council by Manager Hyde. MINUTES of Meetings of August 22 and 29, 1960, were approved as submitted, by motion Tupa, seconded by -Dickson and carried. PUBLIC HEARINGS ON PROPOSED ASSESSMENTS. Affidavits of Publication in Edina-Morningside Courier on August 25 and September 1, 1960 of "Notice of Assessment Hearing-Street Improvement No. E-4$', and "Notice of Assessments Hearings-Sanitary Lateral Sewer No.167, Lateral Watermain No. 147, Street Improvement No. E-5, and Rlacktop Improvement No. A-160", were presented by Clerk, approved as to form and ordered placed on file. Pursuant to said Notices, Public Hearings on proposed assessments for these completed improvements were called, and action was taken as hereinafter recorded. AND INTEGU CURB-BKOukVIirl HEIGHTS AREA. in detail, Total Cost being $273,266.43, Less construction costs go be borne by the Village--Curb Radius, Curb for islands, and Blacktop replacement, $13,462.84,-and the ten percent "in lieu of maintenance" share also borne by the VilPage,@5,978.36; and less the promised contribution offered by Mr. E.C. Stow, developer of Brookview Heights, $2,200, leaving a net amount assessable of $231,605.23; plus Capitalized Interest of $9,074.78, €or $240,680.01, proposed to be assessed over 256 Interior Lots at $753.07, and 53 Corner Lots at ment of 20% more than interior lots in'accordance with informal agreement by property owners, made at Improvement Hearing. Stow's contribution, which has not yet been received, assessment per lot will be $760.20 ana $912.30, respectively. Nagengast, owner of "Lot 12 and S. 10 Ft. of Lot 11, B1. 21, Normandale 2nd Addn." which is proposed to be assessed as an interior lot for Street' Improvement No. E-4 for the paving of TJ.66th Street, and as a lot for Street Improvement No. E-5 for the paving of Warren Ave. The total assessment for this lot would be $1122.29, as compared with $903.67 for corner lots in Brookview Heights. proposed for his lot is completely inequitable, Mr. Nagengast asked for an adjustment. Mr. Hyde suggested that the assessment for this lot be reduced by assessing the lot as a corner lot for Street Improvement No. E-4, and eliminating the lot from assess- ment for Street Improvement No. E-5, with the Village to subsidize the difference of $218.62. accordance with Mr. Hyde's recommendation, and that the Assessment Roll for Street Improvement No. E-4 be adopted with this change, was seconded by Tupa and unanimously carried. (See Resolution of later in Meeting, Amending Assessment for Street Improvement No, E-4).(Improvement Hearing Estimate was $780.00 and $1,010.00 per Lot,respectively). AND INTEGRAL CURB-WARREN AVENUE BETNEEN W.65TH AND W.66TH STREETS. Tabulation of Assessment was read by Manager Hyde as follows: Total Assessable Cost, $9,444.52, proposed to be assessed against 23 Lots, for $410.24, as compared with the Improvement Hearing Estimate of $364.08. Village share of tiin percent *'in lieu of-maintenance" had not been deducted from t'he proposed assessment; and he asked that the Assessment Roll as presented be amended to show this deduction--which would make the net assessment to property owners $369.55 per Lot; also that Amended Assessment Roll show an additional share by the Village to cover the deletion of the proposed assessment of "Lot 12 and South 10 Ft. of Lot 11, Block 21, Normandale Second Addition", and that said lot be deleted from the Assessment Roll for Street Improvement No. E-5, all in accordance with Council's previous action on the assessment for Street Improvement No. 4. Street Improvement No. 5 in accordance with Manager's recommendation, was seconded by Tupa and unanimously carried. €Or Street IWrovement NO. E-5) Mr. Nagengast's objection was only one received. RUTLEDGE AVENUE FROM HOLLYWOOD ROAD TO BROOKSIDE AVENUE. Tabulation of Assessment was read at Total Assessable Cost of $8,510.88, proposed to be assessed against 14 Lots, for $607.42 There were no objections registered at the Hearing, and none had been received prior thereto. Dickson's motion for levy of Assessment as read was seconded by Tupa and unanimously c rried. (See Resolution of later in Meeting, Adopting and Confirming Assessment). f" 4. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR IJATERMAIN IMPROVEMENT NO. 147-- GROVE ST. FROM TRACY AVE. TOW. LINE OF BROADMORE ADDN. Tabulation of Assessment*was read, at Total Assessable Cost of $5,743.82, proposed to be assessed against eight Lots, for $717.54 per Lot, as compared with Improvement Hearing Estimate of $869.97. No objections were registered at the Hearing, and none had been received prior thereto, Tupa's motion for levy of Assessment as read, was seconded by Beim and unanimously carried. y" 1. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVd2iNT NO. E-4--PAVING Manager Hyde read Tabulation of Assessment $903.67 each (Corner Lots to bear an assess- Manager Hyde told audience that, without Pir. The only complaint received was that of Mr.Jerome Stating he feels the assessment Beim's motion for reduction in the assessment of Mr. Nagengast's lot in 2. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. E-5--PAVING fJhile reading the Tabulation, Mr. Hyde noted that the Beim's motion amending Assessment for (See Resolution of later in Meeting, Amending Assessment c/ 3. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY LATERAL SEWER NO. 167-- per Lot, as compared with Improvement Hearing Estimate of $691.14. (See Resolution of later in Meeting, Adopting and Confirming Assessments) 9/12/60 16% .. * 5 ., I PUBLIC ~,~~;~EIPI'G ,ON PROPOSED ASSESS&NT FOR STR~ET XMPROVEMENT ~BLA~KTOPPING NO. A-I4O--DUNDEE ROAD FROM 5400 THROUGH 5517 DUNDEE ROAD. Tabulation of Assessme2 was read at Total Assessable Cost of $3,322.45, proposed to be assessed against 2363.33 Assessable Feet, for $2.44 per Assessable oot, as compared with Improvement Hearing Estimate of $3.35. received prior thereto. Beim and unanimously carried. (See next Resolution Adopting and Confirming Assessment). No objections were registered at the Hearing, and none had been Tupa's motion for levy of assessment as read was seconded by Beim then ofierad the following Resolution and moved its adoption: RESOLUTION ADOPTIRG AND CONFIREIING ASSESSMENTS FOR SANITARY LATERAL ShT7ER IMPROVEMENT NO. 167, LATERAL 17ATEREIAIN IBIPROVEBENT NO. 147 AND STREXT IBIPROVEWNT (BLACKTOPPING) HO. A-140 ; AMENDING ASSESDO3NTS FOR STREET IEIPROV&IENTS NOS. E-4 AND E-5, AND ADOPTING AND CONFIRMING SAID ATBNDED ASSESSBENTS BE IT RESOLVED by the Village Council of the Village of Edina, Hinnesota, as follows: 1. .It is hereby found, determined and declared that tne proposed assessments for SANITARY LATERAL SEWER IMPROVEBENT NO, 167, LATERAL WATERMAIN IMPROVEMENT NO. 147, and STREET IXPROVEbiENT NO. A-140, and each of them, have been properly calcuiated in accord- ance with the provisions of Minnesota Statutes Section 429.051 and 429.061, thar noLice 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 objections; 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 Dhe improvement for'which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively . 2; and parcels of land described in said respective assessments, and said proposed assess- ments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessment aga2nst 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 the date of this resolution, shall be a lien con- current with general taxes upon the property described therein and all thereof. total amount of each such assessment for SANITARY LATERAL SmJER IMPROVEMENT NO.. 167, and LATERAL VATERIUIN DPROVEXENT NO. 147, shall be payable in equal annual installments ex- tending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1961, to be payable with the general taxes for the year 1960, 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 1961 through 1969, collectible in the respective ensuing years. The total amount of each such assessment for STREET IMPROVEMENT NO. A-140 shall be payable in equal annual installments extending over a period of five years, the first of said installments,tingether with intere'st on the entire assessmznt from the date hereof to December 31, 1961, to be payable with general taxes for the year 1960, and one of the remaining stallmznts, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1961 through 1964,collect- ible in the respective ensuing years. been calculated in accordance with the provisions of Minnesota Statutes 429.051 and 429.061, notice has been duly published, as required by law, that this Council would meet tn'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 assess- ments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to objections; and that, as the result of said Hearings, held at the time and place set forth in said duly published notice, it is hereby found, determined and declared that said proposed assessments shall be amended as hereinafter set forth: ASSESSMENT FOR STREET INPROVEBENT NO. E-4 shall be/amended by increasing the Assessment for "Lot 12 and the South 10 Ft. of Lot 11; Block 21, Norroandale$3econd Addition" frbm $753.07 to $903.67 (or, if the Stow contribution is not received prior to the levy of this assessment by certification to the County AuditoT; from $760.20 to $912.30. The amounts so set out are hereby levied against the respective lots, pieces The I ' 3. Assessments for Street Improvements Nos. E-4 and E-5, and each of them, have and hereby is, A. B. ASSESSENT FOR STREET II-IPROVEIlENT NO. E-5 shall be, and hereby is, amended'as - follows : Addition" shall be cancelled and deleted from said Assessment. 1. Assessment for "Lot 12 and South 10 Ft. of Lot 11, Block 21, Normandale Second ._~ 2. to $369.55. Assessment for each remaining Assessable Lot shall be decreased from $410.24 and that each of the lots, pieces and parcels of land enumerated in the respective amended assessments 1778s and is specially benefited by the construction of the improve- ment for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land,respectively, $65 9/12/60 1, qf 4. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said respective amended assessments, and said proposed amended assessments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessments for STREET IMPROVEMENTS NOS. E-4 AND E-5 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 the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein, and all thereof. installments extending over a period of fifteen years, the first of said install- ments, together with interest on the enizire assessment from the date hereof to December 31, 1961, to be payable with general taxes for the year 1960, and one of the remaining installments, with one year's interest on that and all subse- quent installments, to be payable with general taxes for the years 1961 through 1964, collectible in the respective ensuing years. o~ner of.any lot, piece or parcel of land assessed hereby may pay the t7hOle of such assessment or any inStallment thereof without interest to the Village Treasurer and thereafter such paymeniz may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments chereof 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. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicake 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 the ASSESSMENT ROLL FOR STREET IMPROVEMENTS NOS. E-4, E-5 AND A-140, SANITARY LATERALl SEWER IMPROVEMENT NO. 167, AND WATERMAIN IMPROVEMENT NO. 147, and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the IEROVEMENT BOND REDEMPTION FUND. The total amount of each such assessment shall be payable in aquhl annual 5. Prior to certification of the assessment to the County Auditor, the 6. Said duplicate shall be ddsignated Motion for the adoption of the Resolution'was seconded by %pa, and on Rollcall there were five ayes and no nays, as follows: aye; VanValkenburg, aye; and Bredesen, aye; I/P;BLIC HEARINGS ON PROPOSED IMPROVEMENTS. Clerk presented Affidavits of Publication in Edina-Morningside Courier on September 1 and 8, 1960, of Notices of Hearings on five improvements; also affidavits of mailing of said notices to affected property owners. pursuant thereto, the following Public Hearings were conducted, and action was taken as hereinafter recorded. PUBLIC HEARING ON PROPOSED STORM SEWER-LATERAL 10 OF MAIN 1. explained to the audience that, because of objections and recommendations received at the Public Hearing held August 3, 1959, and because additional information has been available since that time.on the ultimate use of the swampy areas in this watershed district, net7 studies have been made of the area needing to be drained, and it is now proposed to construct the sewer as follows: On 60th St. from the middle of the block between Ashcroft and %.Johns Aves., east to St.Johns, then south to Valley View Road, then east to the rear of the lots facing St.Johns Ave., then south to a pond. previously described line. Affidavits were approved as to form and ordered placed on file; and, 1. Nanager Hyde On Valley View Rd., from Concord Ave. east to %.Johns Ave. to join the From St.Johns Ave. and 62nd St., east between lots to a pond. From St.Johns at Ashcroft, east on Garrison Lane to the rear of lots facing %.Johns Ave., and thennorth and south to the two ponds. Southerly. from the pond sout;h of Nancy Lane and east of St.Johns Ave., to Lake Cornelia. Estimate of Cost was given as $96,420, *with an Assessable Cost of an Estimated $0.0244 per square foot, with C,omnercial areas to be assessed at a greater rate in accordance with the policy established on the Crosstown storm sewer. were raised from a group in the vicinity of Concord Avenue and Virginia Lane, who requested that this proposed improvement contain certain relief for the poor drainage at this intersection. Messrs. Zavon, 4713 Virginia Lane; Stehr, 6109 Concord; Glomsrud, 4704 Virginia Lane;. were among thqse who wanted to be sure that relief be given, here. with Virginia Lane is the low spot of the area, that considerably more water ponds there than at the intersection of Concord with Valley View Road. Councial that the area draining into Valley View Road at Concord Avenue is much greater than the area about which this delegation speaks; that is the water is not Questions They told Council that the intersection of Concord Mr. Zikan told 166 9/12/60 picked up at this particular intersection there may have to be some decrease in the assessment district; also, that because of the amount of water ponding at the Concord- Virginia Lane intersection, providing an underground storm sewer sufficiently large to take off this water will be an expensive proposition. He stated, however, that some of the streets are not yet to grade and that it may be possible to provide above- ground drainage. llanager Hyde added that the Consulting Engineers, Adolph Meyer & Associates, have studied all possibilities and have attempted to work out the project on the most economical basis. This delegation asked, specifically, that the project contain provision for relief from their drainage difficulties if they must bear an assessment, asking that Engineers be directed to give further.study to ways and means of improving drainage at this intersection. Elr. Nayberg, 6113 St.Johns Avenue, asked what treatment is planned for the retention basins in ponds. Mr. Barr, of AdolphMeyer and Associates, explained that there is now a culvert under Garrison Lane, which is at a very high level; and that there is a h7er elevation planned, for normal pond level, and a bigger capacity outlay; that there won't be anything done to improve the supply of water to the pond; that this is merely a matter of providing definite outlet control. Asked, %hat is the relationship between the ponds and Lake Cornelia?" Nr. Barr replied, that Lake Cornelia will be controlled at 859 Ft.; the southerly pond at 863; and the northerly pond at 864.5, The question was asked, "that is the reason you chose Lake Cornelia as the outlet, rather than the Creek?" llr. Barr replied that there is actually very little difference, but that in either case the Village must require storage space and that the outlet to Lake Pamela is not really in the natural watershed for this area; that we should.try to keep all we can in the natural watershed. through to the pond north of Garrison Lane; and, after Mr. Barr had replied in the affirmative, asked if the pond is to be dredged. no plan to dredge as part of the project, but that the Village will not object to private owners dredg'ng because this will improve the looks of the ponds. Question was asked as/p B ans for.remova1 of the "floating real estate", and once again Hr. Barr stated that present plans call for no treatment of the islands-- that, because of the control structures planned, these islands should not obstruct the flop7 of water from one pond to another. He stated that engineers believe the storm sewer will work equally well, whether islands are out or are in. Dickson told audience he believes that floating debris should be removed as part of the storm sewer, rather than as a maintenance matter. Hr. Barr was asked whether, in his opinion, the lowering of the Garrison Lane culver and the increased capacity would keep water from basements. Replying a definite "yes", Mr. Barr stated that after every storm there will be a rise in the level of the pond, but that the lowest basement known is 867$, which is sufficiently high to be protected. Asked by Nr. Jackson, 6141 Concord Avenue, if it will be possible to put a storm sewer on Virginia Lane from Concord Avenue to Ashcroft, Mr. Barr replied that it will be, but only if elevations are right to drain northward to Valley View Road. expensive, but when asked if the cost will be less than hard surfacing, he replied that it will be. of adding provision for the Concord-Virginia Lane intersection drainage providing this would add less than ten percent to the cost of the contract, and replied that if the addition is minor it can be added to the improvement without an additional public hearing. adoption : A lady asked Mr. Barr if the proposed culvert will go clear Hii. Barr said that there is Trustee llr. Zikan added that storm-sewering this corner will be Attorney Hasselquist was questioned on the legality Tupa then offered the following Resolution and moved "its RESOLUTION AMENDING RESOLUTION DATED AUGUST 3, 1959, ORDERING STORM SEWER IEIPROVEIfEJ5lT NO. 51 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows: 1. Pursuant to the Resolution Ordering Storm Sewer Improvement No. 51, adopted by this Council August 3, 1959, the Engineer has made further study and investigation of the then proposed route of said improvement, and has made a report of his investigations to this Council. 2. As the result of the Engineer's report on the route of the proposed improvement, this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTIOX OF LATERAL STORE1 SEFER ANI> APPURTENANCES Along I.J.6Oth St .. from the W. line of Lot 12, Block 10, -Fairfax, E. to St.Johns Ave.; th. Sly along -St.Johns Ave. to Valley View Rd.;. th. SEly along Valley View Rd. to the extended E. line of Valley View Slope; th. Sly along the E. line of Valley View Slope; th. Sly along the E. line of Valley View Ridge 1st and 2nd Addns. and extension thereof to Lake Cornelia; along Ashcroft Lane, from St.Johns Ave. E. to the E. line of Valley View Ridge ikddn.; Along the N. line of Lot 1, Block 1, Valley View Ridge Addn. from the E. line of Valley View Ridge Addn. to St.Johns Ave.; Along Valley View Rd. from the extended E. line of Valley View Slope SEly, a dist. of 375', more or less; Detention Basin withinearea bounded by St.Johns Ave.; Garrison Lane, Wooddale Ave. and Valley View Rd.; Along the N. line of Sec. 30, T.28N., R.2411. from the pond E. of Wooddale Ave. to the E. line of Valley View Slope 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 I 9/12/60 said improvement, with the addition thereto of the following: 1. 2. Removal of floating debris in the ponds proposed to be used as detention Provision for drainage of the water now ponding at the intersection of basins. Concord Avenue and Virginia Lane. that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVEMENT NO. 51, and the area to be specially assessed therefor shall be as follows: within the following described boundaries : "Beginning at the SE Cor. of the NE1/4 of NW1/4, Sec.30,T.28N.,R.Z4W.; th. N. along the N-S l/4 line to the centerline of Garrison Lane; th. Ely along centerline of Garrison Lane a dist. of 240'; th. N. to a line 50' Nly of and parallel to the N. right-of-way line of Garrison Lane; th. Ely along said line a dist. of 330'; th. Nly to the intersection of the centerline of Valley View Rd. with the Sly extension of a line 80' 17. of and parallel to the centerline of Oaklawn Ave.; th. N. along said line parallel to Oaklawn Ave. to the N. line of Lot 9, B1. 22, Fairfax; th, Wly to the SE Cor. of Lot 8, B1. 21, Fairfax; th. Wly to Nt;J Cor. of Lot 15, said B1. 21; th. if. to the centerline of Wooddale Ave.; th. Nly along said centerline to the Ely extension of the S. lot line of Lot 6, B1. 1, Valley View Terrace; th. 11. along said lot line a dist. of 80'; th. Nly parallel to and 80' Wly of the centerline of Wooddale Ave. to the S. lot line of Lot 12, B1. 5, Fairfax; th. 1.71~ along said lot iine to a pt. on the S. line of Lot 13, B1. 5, Fairfax, which is 40 Ft. IJly from the SE Cor. thereof; th. NWly to the SE Cor. of Lot 10, B1. 6, Fairfax; th. Wly to r;ne SW Cor. thereof; th. Mwly to the SW Cor. of Lot 12, said B1. 6; th. SFJly to SE All lots and tracts of land F4 $0 u.3 I Cor. of Lot 13, B1. 7, Fairfax; th. Wly along the S. line of Lot 13 and Wly extension a there0.f to the centerline of Ashcroft Ave.; th. Sly along the centerline of Ashcroft a2 m Ave. to the centerline of 1?.60th St.; th. Sily to the SW Cor. of Lot 5, B1. 2, Virginia Ave. Addn.; th. SWly to the S.W.Cor. of-Lot 12, said B1. 2; th. NNly to the SE Cor. of Lot 5, B1. 1, Virginia Ave. Addn.; th. NWly to SI? Cor. thereof; th. ' NWly to SW Cor. of Lot 12, said Bl. 1; th. NWly to a pt. on the Ely line of the I?. 50 rods of the Sr.J1/4 SW1/4 Sec. 19, Twp. 28, R. 24, which is 155 Ft. S. of the 100 Ft. to a pt. 208 Ft. Wly of the NE Cor. of said W. 50 rods; th. Wly frealong the centerline of W.60th St. to the W. section line of said Sec. 19; th. S. along said Sec. line to the extended ceterline of Valley View Rd.; th. W. along the centerline of Valley View Rd. a dist. of 150'; th. S. parallel to said section line a dist. of 400'; th. E. to said Sec, line; th. S. along said Sec. line to a pt. 310' N. of the centerline of W.62nd St.; th. E. 80'; th. S. 230'; th. Ely parallel to 8.62nd St. to the W. line of Lot 5, B1. 2, Oak View Addn. in Edina; th. NEly to a pt. on the centerline of Ryan Ave. which is 200' N. of the center- line of W.62nd St.; th. Ely parallel to W.62nd St. a distance of 540'; th. SEly to the intersection of the centerline of W.62nd St. and Virginia Ave.; th. E. along the centerline of 1.7.62nd St. to the centerline of Concord Ave.; th. S. along the centerline of Concord Ave. to the centerline of W.63rd St.; th. E. along the centerline of W.63rd St. to the centerline of Ashcroft Ave.; th. S. along the centerline of Ashcroft Ave. to the extended S. line of Lot 16, B1. 3, Valley View Ridge; th. Ely to the SW Cor. of Lot 1, said B1. 3; th. NEly to the NW Cor. of Lot 3, B1. 4, Valley View Ridge; th. E. 50'; th. Sly parallel to St.Johns Ave. to the centerline of W.64th St.; th. Ely to the SE Cor. of the NE 1/4 NW1/4, Sec. 30, T.28N., R.24W., which is the point of beginning". ' centerline of %?.60th St.; th. I?. 100 Ft.; th. N. 55 Ft.; th. XY. 108 Ft.; th. N. Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays, as im, aye; Dickson, aye; Tupa, aye; . VanValkenburg, aye; and Bredesen, was,adopted. /2. PUBLIC HEARING ON PROPOSED SANITARY SEWER IN TRACY AVENUE FROM 15 FT. S. OF N. LINE OF LOT 1, BL. 2, LYLE THIRD ADDN. AND EXTENDING SLY TO EXISTING MANHOLE APPROX. 42 FT. S. OF S. RIGHT-OF-WAY LINE OF Id.59TH ST. EXTENDING E. FROM TRACY AVE. Manager Hyde told audience that this Hearing was initiated on Council's own motion, in order that underground utilities might be in Tracy Avenue before surfacing work is done. Estimate of Cost as given as $6,700, for some $1,100 per lotfor the six lots proposed to be assessed; revised after bids taken this morning, to $4,500, or $920 for the six lots proposed to be assessed. It was pointed out that Lot 14, Block 3, Edina Countryside, which sides on Tracy Ave., does not have sewer; and that Lot 21, Varden Acres, is sufficiently large to be platted and that owner may want sewer from Tracy Avenue. at the Hearing, and none had been received prior thereto, and Beim offered the following Resolution and moved its adoption : There were no objections to the proposed improvement offered 9/12/60 RESOLUTION ORDERING 1IlPROVJQF;NT SANITARY SENER IMPROVEIBNT NO. 174 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 VILLAGE SANITARY SEIt7ER AND APPURTENANCES ON THE FOLLOIIING STREET: Tracy Avenue from a point 15 feet south of the North line of Lot 1, Block 2, Lyle 3rd Addn., and extending southerly to an existing manhole approximately 42.feet south of the south right-of-way line of V.49th Street extending easterly from Tracy Ave. and at the hearing held at the time and place specified in said notice the Council has duly.consideredthe views of all persons interested, and being fully advised of the pertinent facLs 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 SANITARY SEWER IMPROVEMENT NO. 174; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. Motion for adoption of the Resolution was were five ayes and no nays, as follows: Be VanValkenburg, aye; and Bredesen, aye; and 4 PUBLIC HEARING ON PROPOSED CONCRETE PAVING AND INTEGRAL CURB IN TRACY AVE. FROM 150 FT. S. OF BENTON AVENUE TO IIHITING ST.: WHITING ST. FROiYZ TRACY AVE. TO VALLEY VIEI.7 RD. Council's own motion; that the plan is to construct concrete paving and integral curb in the above-identified streets, at a Total Estimated Cost of $146,000, of which all but about $26,000 will be paid from State Gas Tax Funds (Edina's Share); the remaining $25,766.33 proposed to be assessed against abutting properties as Manager Hyde told audience this Hearing had been initiated on the folh7S : 1. Property previously assessed for residential blacktop street - assessment for only 1/2 the cost of curb and gutter, or an estimated This would include all footage abutting Tracy from 62nd St. to the north line of Countryside Addn. Property which has not been assessed previously for street surfacing will be assessed 1/2 the cost of curb and gutter ($1.65) and the cost of normal residential blacktop ($3.00), for a total of Estimated $4.65 per abutting foot. $1.65 per front foot. 2. He stated it is proposed to make the street 36 feet wide--which would necessitate restrictions against parking on one side of the street; that he feels the "No Parking" stipulations should be on the West side of the street because there are fewer homes facing Tracy Ave. on this side; that if parking is wanted on both sides of the street, the street must be 44 feet wide. Countryside, asked that #*No Parking" be on the East side of the street. to know, too, if street can be driven on this year if project is approved. Hyde answered that street base will be laid and that it can be travelled. Dorothy Bach, Doron Drive, and Mr. Ben-Beszr Bill Campbell objected to the paving of Whiting St. because of its proximity to the right-of-way of the Crosstown Highway. Nr. Hyde told audience that the County has no money nor plans for this extension of the Crosstown at the present time, but that before the Village goes ahead with construction the County will be given notice that it is to be done; that they are already aware of the contemplated Village improvement. Two owners advocated khat "No Parking" be on east side of street, pointing out that the Village Park is located to the west, and that it would not be fair to east-side owners to have park parkers on their side of the street; that this would be a traffic hazard, also. Mr. Horton, No. 5805 Tracy Avenue, suggested that Whiting - St. be blacktopped rather than paved, and Mr. Hyde pointed out that gas tax money cannot be used on temporary construction. or objections; and, with direction to the Village Manager to consult further with Hennepin County concerning plans for the westerly extension of the Crosstown Highway as it relates to Vhiting Street, before construction of the project begins, Dickson offered the following Resolution and moved its adoption: The owner of Lot 10, Block 4, He wanted Mr. llrs. There were no other recommendations . RESOLUTION ORDERING DPROVEBGNT STREET IMPROVElIENT NO. E-6 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 Tracy Avenue from 150 Ft. South of Benton Ave. to Whiting St.; Whiting $t. from Tracy Ave. to Valley View Road, 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 9/12/60 improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. E-6, and the area to be specially assessed for that part of the cost of said improvement not borne by Municipal State Aid Funds shall include all lots and tracts of land abutting the streets proposed to be improved. Motion for adoption of Resolution was seconded by Beim, and on Rollcall there were five ayes and no nays, as follows: ; Dickson, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; a PETITIONS FOR OILING AND PAVING FILED FOR TRACY AVENUE FROM HIGHJAY NO. 169 TO GROVE STREET. During the discussion on proposed Street Improvement No. E-6, Mr. Don Berryhill, 5616 Grove Street, asked why his area was not included in the proposed improvement. Mr. Hyde explained that the construction of underground improvements in the area directly to the south has made surfacing imperative, but that there are insufficient Municipal State Aid moneys to surface the entire stretch of,Tracy Ave. Petition for Oiling, on which property owners asked immediate service, and for Paving, were filed, and were referred to the Village Engineer for programing. 4. PUBLIC HEARING ON PROPOSED WATERMAIN IN DONCASTER WAY FROM N. LINE OF ROSENDAHL‘ S SECOND ADDN. TO CROYDEN LANE; CROYDEN LANE FROM DONCASTER WAY TO LOCHLOY DRIVE; LOCHLOY DRIVE FROM CROYDEN LANE AROUND LOOP AND BACK TO CROYDEN LANE; AYRSHlCRE BLVD. FROM LOCHLOY DRIVE TO STATE HWY.#169 AND THEN TO INTERSECTION OF HANSEN ROAD WITH HVY.#169. Estimate of Cost at $56,428.52, proposed to be assessed as follows: lots abutting streets where sanitary sewer was recently constructed and on which blacktop replacement will be assessed, or abutting streets where there is no blacktop surface, $949.57 per Lot; for the 10 lots on Ayrshire Blvd. , where blacktop must be removed and replaced, $1,560.07 per Lot. He added that if the cost of blacktop replacement on Ayrshire Blvd. against all lots benefited by the watermain improvement, the cost would be $1,064.53 per Lot for each of the 53 Lots. Mr. W. H. Karies, 5205 Lochloy Drive, stated he could see no real reason for the proposed improvement; that this area has deep wells, and that the majority of them will now be connecting to the sanitary sewer--which should eliminate any possibility of water contamination. might be a Council-initiated project, Mr. Karies asked to see the watermain petition, which was shown to him. It was explained to Mr. Karies that, by installing watermain now , before blacktopped is replaced , the cost of one blacktop replacement can be saved; that this is the reason the watermain petition had been filed.klr. D.L. Bennett, 5325 Ayrshire Blvd., inquired as to the urgency of the watermain improvement at this time. that time by his area concerning Sanitary Sewer; that the sewer was not available; that while he is not averse to the watermain improvement he does object to Ayrshire’s paying a penalty to accommodate the neighbors to the north, by having watermain constructed ~QW, before sewer is in. Mr. Zikan explained that it was tree that sanitary sewer was not available to these people at the time he wrote; but that sewer has recently been installed nearby and could be constructed if the area wishes it. presently-proposed improvement be eliminated, and that letters of inquiry be sent to the balance of the “Edina Highlands” area concerning sentimdnt for sewer and/or watermain. To an inquiry from Mr. Milton Cohen as to the workability of the watermain without its connection to Highway #169, and Mr. Hyde replied that it will work, ,although the Village does prefer to have connections to two ’ trunk mains. Dickson’s motion accepting Manager’s suggestion was seconded by Beim and carried. Dickson then offered the following Resolution and moved its adopt ion : Manager Hyde gave the Consulting Engineer‘s For the 43 Intimating that this Presenting a letter from . Village Engineer Zikan, dated 1958, he explained that inquiry had been made at Manager Hyde suggested that the Ayrshire Blvd. portion of the RESOLUTION ORDERING INPROVEMENT WATERMAIN IMPROVEMENT NO. 152 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 VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS: Doncaster Way from North line of Rosendahl’s 2nd Addn. to Edina Highlands to Croyden Lane; Croyden Lane from Doncaster \;Jay to Lochloy Drive; Lochloy Drive from Croyden Lane around the loop and back to Croyden Lane; Ayrshire Blvd. from Lochloy Drive to State Highway No. 169 and thence to the inter- section of Hansen Rd. with State Highway No. 169 9/12/66 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 proposed improve- ment as follows: CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOIKLNG STREETS : NOTE: ) Doncaster Way from North line of Rosendahl's 2nd Addn. to Edina Highlands =so, ) to Croyden Lane; Croyden Lane from Doncaster Way to Lochloy Drive; Lochloy AtENuEu ) Drive from Croyden Lane around the loop and back to Croyden Lane (eliminating 1u/24/60 ) from the proposed improvement Ayrshire Blvd. from Lochloy Drive to State P.210 OF ) Highway No. 169 and thence to the intersection of Hansen Rd. with State THIS BR. ) Highway NO. 169) that said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows : WATERETAIN INPROVEMENT NO. 152 , and the area to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved. were five ayes and no nays, as follows: B ( (It was consensus of Council that consideration be given to calling public hearings on sewer and/or watermain in the balance of Edina High*ands for October 10 and the taking of bids on this same.date, so that the entire project could be completed this fall; alternate bids to be taken on the presently-approved watermain only. 5. PUBLIC RFARING ON RECONSTRUCTION OF CONCRETE SIDEWALK ON THE WEST SIDE OF FRANCE AVENUE FROM W.49TH ST. TO APPROX. 167 FT. SOUTH: AND ON THE SOUTH SIDE OF 17. 49TH ST. FROM FRANCE AVE. TO APPROX. 145 FT. WEST. Estimate of Cost of $1,399.09 was revised to under $1,000, pursuant to bid taken today. reconstruction of the sidewalk abutting Lot 20, Auditor's Subd. No. 172, owned by Mrs. Lucille R. Nolan. llr. E. C. Stow was present and reported Attorney Karl H. Covell's request on behalf of Mrs. Nolan that action be postponed for 30 days unt5.1 Mrs. Nolan can submit a plan for her property to the Council. on action already taken by previous plans on Mrs. Nolan's requests for the rezoning of the property; and llr. Hyde pointed out that several complaints have been received by pedestrians concerning the dangerous condition of the sidewalk, that Mrs. Nolan was first given notice of the matter back in May, and that the weather will soon be unfavorable to this type of construction. Beim moved for continuance of Hearing for two weeks. This improvement covers I Some review was had Motion seconded by Dickson and carried. PUBLIC HEARINGS ON PROPOSED STREET AND ALLEY VACATIONS. Affidavits of Publication in Edina-Morningside Courier August 24 and September 1, 1960, of Posting August 23, 1960,.and of mailing of "Notice of Public Hearings on Proposed Street and Alley Vacations"wese presented by Clerk, approved as to form and ordered placed on file. Pursuant to said Notice, the following Public Hearings were conducted, and action 57as taken as hereinafter recorded. OF TRAT ALLEY LYING IN BLOCK FOUR, I?EST 3lINNEAPOLIS HEIGHTS, BETWEEN NORTH VILLAGE LIMITS AND BELMORE LANE, AND BETWEEN MONROE ANTI JACKSON AVENUES. petition is signed by all the owners facing Monroe Avenue; that the Village owns all but three lots facing Jackson Avenue and has no objection to Vacation. States Power Company's notification that it has electrical distribution lines in this alley was received and duly noted. the floor, and none had been received prior to Hearing. Resolution and moved its adoption: 1. PUBLIC HEARIKG ON PETITION OF NORMAN A. SETTER AND OTHERS FOR THE VACATION It was noted that Northern There were no objections to Vacation from Dickson offered the following RESOLUTION VACATING ALmY (ALLEY BETWEEN NORTH VILLAGE LIMITS AND BELMORE LANE, AND BETHEEN MONROE AND JACKSON AVES. WEREAS, a majority of the owners of the land abutting on the North-South Alley lying in Block Four (4), West Minneapolis Heights Addition and between the North Edina Village Limits and Belmore Lane and between Monroe and Jackson Avenues, have petitioned for the Vacation of said alley; and WHEREAS, two weeks' published notice and posted notice of a hearing to be had on said petition on September 12, 1960, at 7:OO P.M., has been given and made, and a hearing thereon has been had by the Village Council: 9/12/60 k) NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota that: "All of that North-South Alley lying in Block Four (4), West Minneapolis Heights Addition and lying between the North Edina Village Limits and Belmore Lane and between Monroe and Jackson Avenues, as the same is.recorded in the office of the Register of Deeds of Hennepin County, Minnesota, shall be and hereby is vacated1'. Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; an (Dickson then moved directing Village Clerk to delay transmittal of Resolution Vacating Alley until such time as notification has been received from Northern States Power Company that the required easements have been received by them. 2. PUBLIC HEARING ON PETITION OF MR. CARL M. HANSEN FOR VACATION OF THAT PORTION OF STAUDER CIRCLE LYING EASTERLY OF A LINE DESCRIBED AS THE PERIMETER OF A CIRCLE HAVING A RADIUS OF 105 FEET AND A CENTER POINT LOCATED BOTH 45 FEET SOUTH OF THE NORTH LINE OF LOT 2, BLOCK 6, PARKWOOD KNOLLS ADDITION AND 60 FEET FROM THE NORTHEAST CORNER OF SAID LOT. A sketch of the portion of the street proposed to be vacated was presented for Council review, and it was noted that Mr. Hansen's petition is in connection with a platting procedure which has been approved by the Planning Comission. the Hearing, and none had been received prior thereto. The requests of Minneapolis Gas Company and Northern States Power Company for easements for a 3" gas main extending some 42 feet into the part of the street proposed to be vacated, and for electrical distribution lines, respectively, were received and duly noted. Tupa offered the following Resolution and moved its adoption: RESOLUTION VACATING STREET There were no objections registered at (PORTION OF STAUDER CIRCLE) WHEREAS, a majokity of the owners of the land abutting on that poreion of Stauder Circle lying Easterly of a line described as the perimeter of a circle having a radius of 105 feet and a center point located both 45 feet south from the north line of Lot 2, Block 6, Parkwood Knolls Addition and 60 feet from the northeast corner of said lot, have petitioned for the Vacation of said street; and had on said petition on September 12, 1960, at 7:OO P.M., has been given and made, and a hearing thereon has been had by the Village Council: NOW, THEREFORE, BE IT RESOLVED by the Village council of the Village of Edina, Hennepin County, Minnesota that: "All of that portion of Stauder Circle lying Easterly of a line described as the perimeter of a circle having a radius of 105 feet and a center poink located both 45 feet south from the north line of Lot 2, Block 6, Parkwood Knolls Addition and 60 feet from the northeast corner of said lot, as the same is recorded in the office of the Register of Deeds of Hennepin County, Minnesota, shall be and hereby is vacated". BHEREAS, two weeks' published notice and posted notice of a hearing to be Motion for adoption of Resolution was sec were five ayes and no nays, as follows: lkenburg, aye; and Bredesen, aye; ( (Tupa then moved directing record until such time as and Northern States Power by them. Village Clerk to delay transmittal of Resolution for notification is received from Minneapolis Gas Company Company that the required easements have been received 3. PUBLIC HEARING ON PETITION OF H. T. OGDAHL AND OTHERS FOR VACATION OF ABBOTT, BEARD AND ZENITH AVENUES BETWEEN T.J.62ND ST. AND SOUTH LINE OF TOWN NALTY'S EDINA TERRACE. no access to the Crosstown Highway, nor to any other Village Streets; that request for Vacation is in connection with a re-platting of Town Realty's Edina Terrace. Miss Katherine' Pearce, owner of a large tract directly to the South, objected that Vacation of these streets will leave her property without access to the north. proposed ne~7 plat was examined, and Miss Pearce was reminded that the presently- dedicated Zenith will have no access to the Crosstown; and that for north-south Mr. Hyde told Council that these presently-dedicated streets have The 9/12/60 J access to her property Xerxes would have to be used. that the Village has no definite knowledge of Miss Pearc's streets plan. Pearce continued to object, however, and Hearing was continued pending recommen- dation by Planning Commission, by motion Beim, seconded by Dickson and carried. It was pointed out, also, Bliss NURSIEG HONE PEREIIT PETITION REFERRED TO PLANNIR'G COMMISSION. In connection with the discussion on the petitioned Vacation of Beard, Abbott And Zenith Avenues in favor of a new plat of the property now known as Tobm Realty's Edina Hyde reported petition for permit to build and maintain a Nursing Home in this area, and Nr. Hite's request for Public Hearing to be held September 26. referred Petition to Planning Commission for its recommendation, scheduling no Hearing date. Terrace, Mr. Council COUNCIL ACTS ON BIDS TAKEN TODAY. taken today on several Improvement Projects, and action ~7as taken as follows: DPROVEMENTS BA-28, BA-29, AND BA-30. Mr. Hyde reported that bids had been asked for a completion date of November 1, 1960 and for July 15, 1961; that no bids had been received for the November 1st completion date; three bids having been submitted for the July 15th completion, being the bid of Riegger Roadways, Inc., at a Total of $35,447.48; bid of Black Top Service Go. at $36,399.93; and bid of Craig J. Alexander at $37,006.33, compared with Engineer's Estimate of $33,302.15. STREET IMPROVEMENT NO. BA-31 (Concord, Ashcroft and St.Johns Area). No bid received on November 1, 1960 completion date; three bids for the July 15, 1961 completion, being Riegger Roadways, Inc. with $61,869.40; Black Top Service Go. with $64,020.09 and Craig J. Alexander with $63,404.65, compared with Engineer's Estimate of $54,552.60. 3. CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE TREATMENT - STREET IMPROVEMENT NO. BA-32 (Southdale residential). 1960 completion, being that of Craig J. Alexander at $81,128.22. Three bids on July 15, 1961 completion, being Riegger Roadways, Inc. at $83,061.50, Black Top Service Go., at $82,550.98, and Craig J. Alexander at $83,402.58, compared with Engineer's Estimate of $75,766.70. Nr. Hyde told Council that he was surprised and dismayed to note the increase in bids for this type of work since spring bidding--that straight curb, €or which a bid of $2.10 was received on April 20, is being bid at $2.60 today; Excavation, bid in on Zpril 20 at 9.85 per sq. yd. t7as bid at $1.60 today; Stabilized base gntavel, going for $1.95 April 20, bid in at $2.95 today; and Bituminous Mat, at $.87 per square yard on April 20, bid today at $1.40. He told Council he feels this increase represents, in part, an anticipated increase in labor rates under Union contract, but that it also seem possible that contractors feel they rather have the Village "over a barrel" on these projects and are making the best of a good thing. He suggested that it might be well to reject all bids, and to bid later on, with concrete as an alternate--with the exception of the job €or Southdale, on Which one bid has been received for November 1 completion, and for which project residents had expressly asked for early completion. Blr. Hyde asked the opinion of 3lr. Allen Sheppard, President of the Southdale Association, who stated that he wishes to take no firm stand on the matter, although he, personally, would like to see the job get under way. of the petition €or improvement in the Concord, Ashcroft and St.Johns area, was also present, noting that bids for this project were up some 15% over estimate. Some discussion was had on the possibility of a further increase in bids, should they be delayed to next year, but it was the consensus that contractors are well booked with work for the balance of this season and that for this reason bids should be no higher early in the spring of 1961. for STRFET IBPROVEEIENT NO. BA-32 (Southdale residential) be awarded to Craig Alexander on the bid for November 1, 1960 completion date; and that the balance of the bids be rejected. SANITARY SEVER IMPROVEMENT NO. 174--In Tracy Avenue from a point 15 feet South of the North line of Lot 1, Block 2, Gyle 3rd Addn. to approx. 42 Ft. S. of the S. r/w line of 11.59th St. Six bids received--Barbarossa & Sons, Inc., at $6,453.09; Valbon Excavating Co., at $6,770.00; J. A. Danens & Son, Inc,, at $5,766.00; Duane Petrowski at $5,566.00; Coburn &Meek at $5,885.00; and Northern Contracting Go. at $4,783.00. Contracting Go., inasmuch as their bid is considerably below estimate, and Beim Manager Hyde presented Tabulation of Bids 1. CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE TREATMENT - STREET 2. CONCRETE CURB AND GUTTER, BITUlriINOUS SURFACE TREATNENT AND STORES SEWER- One bid received for November 1, BIr. Robert Boll, sponsor Dickson moved that the contract Motion seconded by Beim and carried. 4. He recommended award to low bidder, Northern so moved. Motion seconded by Dickson Mtom Sewer 5. STREET 13PROVEMENT NO. E-6- in Tracy Avenue and Vhiting Street. Go., Base Bid of $163,906.90; Alternate (using Std. Strength 8'' concrete), $166,966.90; Arcon Construction Go., Base Bid of $143,929.50; Alternate, $142,229.50; and Woodrich Construction Go., Base Bid of $149,607.00; Alternate, $153,857.00. Hr. Hyde told Council that this contract cannot be awarded this evening; that Village must be certain it will have Kunicipal State Aid funds in hand before award is made. Dickson's motion for tabling bids pending further report by Manager as to financing, 37as seconded by VanValkenburg and carried. Bids received as follows: Ashbach Construction 9/12/60 , 6. WEST. SfDE\JAL;K 'IMPROVZMENT - W.SIbE OF F'RANCE: AVENUE: FRON IJ.49TH ST. TO Only one bid received, being that of Victor Carlson & Son I Iniview 1 73 167 FEET SOUTH AND S. SIDE OF 'w.49TH ST. PROM FRANCE AVE. TO APPROX. 145 FEET . . , of the Council's previous action of this evening on this proposed inprovement, action on bid was delayed for two weeks. YELLOW TAXI COMPANY'S REQUEST FOR ORDINANCE AMENDMENT to permit taxicab company to be self-insured was referred to the Village Attorney for his investigation and opinion. Bid in amount of $735.40. PETITION FOR CHANGE OF NAME'OF "EL RANCHO TRAIL" TO "PRESCOTT COURT" TO BE HEARD IN PUBLIC HEARING. motion that Public Hearing thereon be scheduled for Monday, October 10. seconded by VanValkenburg and carried. Manager Hyde reported this petition, and Dickson's Motion PETITION FOR VACATION OF VIRGINIA LANE BETWEEN ASHCROFT AVENUE AND CONCORD AVENUE FILED: ACTION TO AWAIT REPORT ON STORM SENER BY CONSULTING ENGINEER. A delegation was present to support this petition, but Engineer Zikan asked that.Counci1 delay action pending report by Adolph Meyer and Associaties on the Storm Sewer Improve- ment discussed this evening--that the drainage must be picked up by surface drainage along this street, or by underground storm sewer. IMPROVEMENT PETITIONS ACCEPTED. submitted, and, by motion Dickson, seconded by Tupa and carried, were accepted and referred to the Village Engineer for programing: The following Improvement Petitions were OILING - 5000 Block on Summit Ave. OILING - E-I4 Alley betw. Xerxes and Yorlc and betw. W.59th and W.6Oth St. GRADING AND GRAVELING - Waterman Ave., Blake Rd. to approx. 300 Ft. E. BLACKTOP AND CURB AND GUTTER - Bower St., Wooddale Ave. to St. Johns Ave. SANITARY SEWER - Heather Lane, Hwy.9169 to Cul-de-sac. SANITARY SEWER AND WATEWN - W.s62nd St., Olinger Rd. to Tracy Ave. extension.. CURB AND GUTTER PETITION FILED FOR COUNTRYSIDE ROAD: HEARING TO BE OCTOBER 3. Mr. Duane Jensen, 5517 Countryside Road, presented an "emergency" petition for concrete curb and gutter, telling Council that developer M.S. Tommeraasen is ready to blacktop the street right now; that residents do want curb and gutter providing they can have it before the blacktopping is done. Some discussion was had by the Council, and Dickson's motion, that Hearing be conducted and bids be taken on Monday, October 3, for this project, was seconded by Tupa and carried. ORIlENANCE TO REGULATE SALE OF MILK AND MILK PRODUCTS, as recommended by Village Sanitarian, was referred over to next regular meeting. COUNCIL TO INITIATE PUBLIC HEARINGS ON STREET IMPROVEMENTS FOR PORTIONS OF LAGUNA DRIVE, BALFANZ ROAD, AND NEST SHORE DRIVE. Mr. Joseph Francis, President of the Creston Hills Home Owner's Association, was present to ask thatssomething be done to <&prove Laguna Drive east of West Shore Drive, and a short stretch of Balfanz Road. At this time, it was also recommended that that portion of West Shore Drive from the intersection of Balfanz Road to W.66th Street be improved. hearing on its own motion, for some time this winter, on the proposed Blacktopping of Laguna Drive and Balfanz Road,Bnd on proposed Concrete Curb and Gutter and Blacktopping of West Shore Drive, and Council concurred in recommendation, directing Engineer to prepare the necessary information for such Hearings. Mr. Hyde asked that the Council consider public SWIMMING POOL PAXNTING BIDS TO BE TAKEN SEPTEMBER 19. bids had been rejected this spring for the painting of the swimming pool, with the understanding that new bids would be taken this fall, Mr. Hyde told Council that he had taken the liberty of advertising for bids to be taken September 19; that, if agreeable to Council, bid should.be awarded on the 19th, in order that work can start as soon as possible if good bids are received for fall work. This was agreeable to Council and meeting was scheduled for 5:OO P.M., Monday, September 19, at Village Hall, to consider such bids as may have been received." Reminding Council that PREMISES AT 6109 BROOKVIEW AVENUE ORDERED PAKTIALLY'REPAIRED BY VILLAGE. Manager Hyde reported to Council that owners of the premises have not complied' with the Village order for extensive repairs to the "dangerous and sub-standard dwelling at 6109 Brookview; that the property is in litigation and that none of the ligigants wishes to spend any money on the property. Village make sufficient repairs to the premises to make them safe against injury to the neighborhood, and to assess the cost of said repairs against the property, and motion was seconded by Beim and carried. that Village not attempt to make sufficient repairs to make dwelling safe for occupancy, and that occupancy be prohibited until such time as said repairs are effected by opmers. Tupa moved that the It was concensus 114 9/12/60 COiriPLETLON , I I-%ARTNG SCHEDULED FOR MONDAY, OCTOBER 10, ON REPAIR/OR DEMOLITION OF BASDENT AT 52Q5 17. 56[rH-ST. neighbors of the premises at 5205 11.56th St., who ask that owner be compelled to 1 complete a dwelling for which a basement has existed for some time. Inspector Reidesel's report, to effect .that foundation is an eyesore, an attractive nuisance, and dengerous, was reviewed. Motion by Dickson that Public Hearing be scheduled for October 10 on this matter, based on report by Building Inspector of exceptions, was seconded by Beim and carried. HEARIHGS SOULED ON PROPOSED SPECIAL ASSESSMENTS. Rolls have been calculated on several Improvement Projects now completed, Manager requested that Council conduct public hearings thereon at some date before October 10, so that as many as possible assessments be certified to the County Auditor this year, and Tupa offered the following Resolution and moved its adoption: llr. Hyde reported to the Council receipt of a petition by Building Reporting that Assessment RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS STREET IMPROVEMENTS NOS. B-67, C-79 AND C-81, BA-1, 2,3,4,5,6,8,9,10,11,12,13,14,15,18,20,21,23,24 AND 26, SANITARY SEVER ItPROVEMENTS NOS. 161,164,165,166,169 AND 172, AND 17ATERMAIN IBPROVElrlENTS NOS. 144 AND 145 BE IT RESOLVED by the Council of the Village of Edina as follows: for the improvements set forth in the Notices of Hearings forms hereinafter recorded, and the amounts proposed to be assessed against 'the respective lots, pieces and parcels of land within the districts affected by said improvements, and said pro- posed assessments having been filed with the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. notices of hearings hereinafter contained, to pass upon said proposed assessments; and the Clerk is hereby authorized and directed to publish notices of said hearings in the official newspaper in accordance with law: 1. The Clerk and Engineer having calculated the proper amounts to be assessed 2. This Council shall meet at the time and place specified in the forms of (1) NOTICE OF ASSESSENT HEARINGS ON CURB AND GUTTER NO. B-67: GRADING AND GRAVELLING NO. C-79 AND C-81 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 3, 1960 at 7:OO o'clock PJI., to hear and pass upon all objections, if any,Ltorthe,Jpxoposed assessments-for Lthe'above improve- ments. These assessments are now on file in the office of the Village Clerk CURB AND GUTTER NO. B-67 - W.62nd St. from Wyman Ave, to Hansen Rd. GRADING AND GRAVELING NO. C-79 - Peacedale Ave. from W.62nd St. to V.64th St. GRADING AND GRAVELING NO. C-81 - Dale Ave. from Grove St. to Benton Ave.; The area proposed to be assessed for the cost of the above improvemmts Assessments for Curb & Gutter No. B-67 will be payable in five equal annual Cmire St. from E. line of Lot 7, B1. 2, Melody bolls 6th gddn. to 350 Ft. 17. includes all lots and tracts of land abutting the streets improved. consecutive installments over a period of five years with first year payable with taxes for the year 1960 collectible in 1961, with interest on the entire assessment at the rate of 5% per 5nnum from the date of the resolution levying the assessment ho December 31, 1961. rate 56r one year on all unpaid installments. equal consecutive annual installments over a period of three years, with first year payable with the taxes for the year 1960 collectible in 1961, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December To all subsequent installments will be added interest at the same Assessments for Grading and Graveling No. C-79 and C-81will be payable in three lyea'$o each subsequent installment will . be added interest at the same rate/on a PP unpaid installments. The owner of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 3, 1960, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COmCa?2+ Gretchen S. Alden Village Clerk NOTICE OF ASSESSIENT HEARINGS ON BLACKTOP, CURB & GUTTER IMPROVEMENTS NOS. BA- 1, BA-2, BA-3 ,BA-4, BA-5, EA-6, BA- 8, BA-9, BA- 10, BA- 11, BA- 12, BA-13, BA- 14, BA- 15 , BA- 18, BA- 20 , BA- 21, BA- 23, (2) BA-24, BA- 26 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edinawill meet at the Edina Village Hall on Monday, October 3, 1960 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the above improve- ments. open to public inspection. FOLLOT.IING STREETS : These assessments are now on file in the office of the Village Clerk and CONSTRUCTION OF CONCRETE CURB AND GUTTER AND BITUI!INOUS SURFACE TREATHENT IN THE NO.BA-1 - Brittany Rd., W.66th St. to Dunberry LaneS'Dunberry Lane from Brittany Rd. to West Shore' Dr. NO.BA-2 - Zenith Ave., from f6104 and A6105 Zenith to lJ.62nd St. NO.BA-3 - Wilford Way from Brittany Rd. to West Shore Drive. NO.BA-4 - Roycar Rd. from Brittany Rd. to Southcrest Drive. NO:BA-5 - W.62nd St. from Wyman Ave. to Code Ave. NO.BA-6 - Maddox Lane from Hansen Rd. to 17yman Ave. NO.BA-8 - Saxony Rd. from lest Highwood Drive to Blake Rd. NO.BA-9 - Mildred Ave. fromW.62nd St. to Valley View Rd. NO. BA-10- SJooddale Ave. from Belvidere Lane to Dunham Drive. NO. BA-11- Ashcroft Ave. from Valley View Rd. to W.62nd St. NO. BA-12 - York Ave. fromW.58th St. to W.59th St. NO. BA-13- Ayrshire Blvd. from Doncaster Way to Glengarry Parkway. NO. BA-14 -Normandale Court from Highway No. 100 to W.57th St. NO. BA-15 -Maddox Lane from Wyman Ave. to Mildred Ave. NO. BA-18 -Chantrey Rd. from Ayrshire Blvd. to Highway No. 169 NO. BA-20 -Wyman Ave. from W.62nd St. to Maddox Lane. NO. BA-21 -Tingdale Ave. from W.64th St. to W.65th St. NO. BA-23 -Tingdale Ave. from Benton Ave. to Grove St. NO. BA-24 -Woodcrest Drive from N. line of Colonial Grove 5th Addn. to I.J.56th St.; .A W.56th St. from Minnehaha Creek to 135 Ft. E. of Park Pl.(Blacktop only) k7.56th St. from Minnehaha Creek to Park Place (Curb & Gutter only) NO. BA-26 -W.57th St. from Code Ave. to Bernard Place The area proposed to be assessed for the cost of the above improvements includes all lots and tracts of land abutting the streets improved. Assessments for the above improvements will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with taxes for the year 1960 collectible in 1961, with interest on the entire assessment at the (3) NOTICE rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1961. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 3, 1960, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Gretchen S. Alden Village Clerk NOTICE OF ASSESSMENTS HJ3ARINGS ON SANITARY SEWER NO. 161,164,165,166, 169 AND 172:WATERMAIN NOS.144 AND 145 S HEREBY GIVEN, that the Council of the Village of Edina will meet t the Edina Village Hall on Monday, October 3,- 1960 at 7 :00 o'clock P.M., to hear and pass upon all objection, if any, to the proposed assessmznts for the above improve- ments. open to public inspection. These assessments are now on file in the office of the Village Clerk and CONSTRUCTION OF SANITARY LATERAL SEWER AND APPURTENANCES AS FOLLOWS: JSANITARY SEWERNO. 161 - Parnell Ave. from W.63rd St. to 555 Ft. N. -SANITARY SEWER NO. 164 - Schaefer Rd. from S. Westwood Ct. to N.Westwood Ct.; SANITARY SEWER NO. 165 - Benton Ave. from Bernard P1. to Dale Ave.; Dale SANITARY SEWER NO. 166 - Peacedale Ave. from W.62nd St. to W.64th St. SANITARY SEWER NO. 169 - Benton Ave. from Lot 3, W.I.Anderson's Addn. to 384 SANITARY SEWER NO. 172 - Halifax Lane from S. line of Southridge Addn. to N. Westwood Ct. from Schaefer Rd. to 530 Ft. E. Ave. from Benton Ave. to 573 ft. N. Ft. 17.; Benton Ave. from Johnson Dr. to Tracy Ave. 160 Ft. N. ,, CONSTRUCTION OF WATERMAIN EXTENSION AND APPURTENANCES AS FOLLOWS : WATERMAIN NO, 144 - Halifax Lane from lrJ.54th St. to 320 Ft. S. WATERMAIN NO. 145 - Dale Ave. from Benton Ave. to 573 Ft. N.i Benton Ave. The area proposed to be assessed for the cost of the above improvements Assessments for the above improvements will be payable in ten equal consecutive from Bernard Place to Dale Ave. includes all lots and tracts of land abutting the streets improved. annual installments over a period of ten years, with first year payable with taxes for the year 1960 collectible in 1961, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1961. To all subsequent installments will be added interest at the same rate for one year on all unpaid installments. The owner of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 3, 1960, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Gretchen S. Alden Village Clerk Motion for adoption of Resolution was se there were five ayes and no nays, as fol Van Valkenburg, aye; and Bredesen, aye; 9/12/60 OVERHOLT PROPERTIES, INC. REQUEST FOR DRIVEVAY ON SHERIJOOD ROAD REFERRED TO NEIGHBORS. Manager Hyde reported Mr. R.R. Overholt's request for an entrance to the Overholt Building, 5301 Hwy.#169, from Sherwood Road. Mr. Overholt's letter points out that since the Highway Department has relocated traffic channels on #169 it is now more difficult than ever for the traffic coming . from Edin to the Southwest to reach his building. Mr. Hyde was directed to consult with the Richmond Hills neighborhood group president before further action, inasmuch as the lack of an entrance on Sherwood was one of the stipulations in the rezoning of the property. COUNCIL TO TAKE BIDS FOR IRON RENOVAL PLANTS AND RELATED 17ATERE.IAIN AND ST0Rf.I' SENER. Nanager Hyde presented for Council review plans for two iron removal plants," to be located at Uooddale well and the High School Tower well'. tower plant will need a storm sewer for backwash, which is estimated at approxi- mately $10,00O--and which can be constructed to take care of the school property and School Road at an addition of $7,00O--should be constructed in this manner to alleviate considerable maintenance; that the School Board has agreed at their meeting this evening to pay $4,000 toward the additibnal cost if the Village will take the remainder. Plans for the'llooddale plant show rest rooins in the building. removal plants and related watermain and storm sewer in accordance with recommendations by the hager, and that an alternate bid be secured on the rest rooms as a separate item, was seconded by Beim and carried. FEDERAL AVIATION AGENCY TO BE INFORMED THAT COUNCIL OBJECTS TO HELIPORT. Mr. Hyde reported request from Federal Aviation Agency for information as to Council's opinion of a Heliport at the East side of Southdale Center. inform Agency that Council objects because of noise. Stating theat the .. I ' ' Dickson's motion that Village take bids on the two iron . ' Mr. Hyde directed to TERM FOR FILLING OF LOTS IN LAKE EDINA SECOND ADDITION EXTENDED FOR THIRTY DAYS. Nr. Hosmer Brown reported that the agency which writes dhe bond covering the filling of lots in Lake Edina 2nd Addn. has informed Hr. E. C. Stow that Estow Company is in default; that the bond expires September 18; that Mr. Stow has not yet been able to ascertain fromwhence the bonding company received this information, and 170uld like an extension of time until the Company can find out what the trouble is. Mr. Hyde stated he knew of no letter to the bonding company from this'office, that answer may have been given by 14r. Hite to the bonding company's routine inquiry, but that he did not know that this had been done. Some discussion was had on the matter, and Beimmoved for an extension of the term for filling of lots in Lake Edina 2nd Addn. €or 30 days from date: Motion seconded by Diclcson and carried. I STOW CONTRIBUTION FOR BROOIWIEW HEIGHTS PAVING PROJECT NOT YET RECEIVED, MR. BROWN INFOREIED.' Mayor Bredesen asked Mr. Brown, as Mr. E.C. Stow's Attorney, to remind Mr. Stow that his offered contribution for the paving of Brookview Heights ($2,200) has not yet been received, that it should be in this office before levy of assessment. CLAINS PAID. September 12, 1960, and as fo11ows, was seconded by Tupa and carried: Dickson's motion for payment of Claims as per Pre-List dated General Fund $8,130.04 - L&quor Fund $44,033.50 Construction Fund ' 46,629.63 Sewer Rental Fund 11 734.73 Parks, Park Const. & Improvement Funds 1,201.49 Swimming Pool Funds 2,582.55 ' ' Poor Fund 272.95 \.latemarks Tupa then moved at 10:45 P.11. Fund 1,07 4.46 TOTAL - $104,659.35 for adjournment. Motion seconded by Beim and carr5ed. Adjournment Village Clerk