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HomeMy WebLinkAbout19601024_regularIO/ 24/60 Ki3?'LJTES OF TI33 REGULAR I*UETIRG OF TKE: EDINA VILLAGE COUNCXL, HELD MONDAY, OCTOBER 24, 1960 AT 7 :00 P.H., IN THE EPINA VILLAGE HALL Council members answering Rollcall were Beim, Diclcson , Tupa , VanValkenburg and Bredesen. NIhWTES of Council Iieetings of October 6 and 10, 1960, were approved as submitted, by Notion Dickson, seconded by Tupa and carried. PUBLIC HEARINGS ON PROPOSED IBLPROVl3lENTS. Clerk presented Affidavits of Publication in Edina-Norningside Courier October 13 and 20, 1960, of %Notice of Public Hearing- Sanitary Sewer;" "Notice of Public Hearing-!latermain ," and 070 "Notices of Hearings- Storm Sewer"; and , pursuant to said Notices, the following Public Hearings vere conducted, and action v7as taken as hereinafter recorded. 1. PUBLIC IiEKRIEG 021 PROPOSZD SANITARY SEPlER IN DUNCRAIG ROAD FR0l.i TH% NORTH END OF DUNCRAIG TO AYRSHIRE BLVD. : AYRSHIRE BLVD. FROM DUNCRAIG RD. TO TI33 S. SIDE OF STATE HIGJ3IAY #169; TI-ENCE SOUTIiFJESTERLY ACROSS VILLAGE PARK TO INTERSECTION OF FlARDEN AVE. AND CAROL DRIVE . 2. PUBLIC HEARIXG ON PROPOSED IIATED~KIN DONCASTER VAY FROH N. LINE OF ROSENDAHL'S 2ND ADDN. TO EDINA HIGHLANDS TO CROYDEN LANE: CROYDEW LANE PR0T.I DOPICASTER FlAY TO LOCHLOY DEVZ: LOCHLOY DRIVE FROX CROYDEI? LANE AROUND LOOP ATID BACK TO CROYDEN LUE: DUNCPaG ROAD FRO31 AYRSHIRE BLVD. TO N. END OF DUNCMIG, TH. IJESTERLY Oi? EASEE~IZIJT TO LOCHLOY DRIVE: /.lSR§IiIRE BLVD. FROI. LOCHLOY DRIVE TO STATE HIGHYAY 3169, i3Nu STA'JX HIGHWAY #169 FRGI AYRSHIRE BLVD . TO IWSm RD . (UNDER CONSIDERATION THIS 'LEETIEG) being for construction of the Sanitary Sewer prior to the Watermain. Estimates of Cost were gben as fOllOF7S: SANITARY SEXR - $50,308.86, proposed to be assessed against 26 Lots, for $1,934.95 per Lot; this project being high for the reason that all of the Blacktop Replacemznt Cost is made against the Sanitary Sewar. VATEREWCN - $64,336.91, proposed to be assessed against 69 Lots, for $932.42 per Lot; providing the entire improvement is constructed at one timz. (The north part of the improvement has already been approved by the Council). line vith Zstimate as regards sewer; thus, the Estimate on that project vL11 not change. which should reduce the assessable cost to about $850 per Lot. actually the only portion under consideration tonight,) is proposed to bc added to the northern portion (already approved) because this latter construction will form the "loop" required for good water circulation and pressure for the whole area. There were no objections made against either improvement. Nr. h.' 13. Gardner, 5316 Ayrshire Blvd., inquired as to service connections across the wide portion of Ayrshire, and was all cases. Hr. N. L. Rush, 5321 Ayrshire Blvd., inquired about relief from an assessment for the "estra-heavy" blacktop the school buses require. by the Nanager that the Council does have the power to grant such relief, if it is deemed to the public interest to do so; however, no action was talcen on this request . Manager Hyde told audience that two lots on Glenbrae Circle cannot be served by the sewer as it is presently planned (Lots 32 and 33, Block 1, Edina Highlands) because they are too low to get into it; that it is the plan not to assess these lots, but to permit private lift stations at owners' own expense at such time as connection to sewer is desired (APPROVXD BY COUNCIL SEPT.12,1960 AS tIATZlU*IAIN NO. 152) AND - These two iqrovem.rJnts Bere taken together in Public Hearing, recomzndation . Nanager Hyde told audience that bids taken this morning were substantially in Relative to the Watermain, low bid was some $7,000 less than Estimate, Audience was informed that the southern portion of the improvemznt (which is infonnzd that connections will be put in to the curb line in He 17as told Dickson offered the following Resolution and moved its adoption: RESOLUTION AHENDING SEPTDBER 12 , 196U RESOLUTION 0N)ERIEG ?lATERbSAIN IELPROVE3*fENT NO. 152 : AND ORUEKIEG SANITARY SEWER 114PROVEI4ENT NO. 175 I IEEREAS, this Council, by Resolution Adopted September 12, 1960, after Public Hearing, ordered Ilatennain Improvemznt No. 152, consisting of the following: CONSTRUCTION OF VILLAGE IlATER4AIN AND APPURTENANCES IN THE FOLLOYING STREETS : Doncaster ?lay from the N. Line of Rosendahl's 2nd Addn. to Edina Highlands to Croyden Lane; Croyden Lane from Doncaster llay to Lochloy Drive; Lochloy Drive from Croyden Lane around the Loop and back to Croyden Lane; BHEREAS, this Council heretofore caused notice of hearing to be duly published CONSTRUCTIOU OF VILLAGE PIATEFNAIN AND APPURTENANCES IN THE FOLLOYING STREETS : and on the following proposed improvement : Duncraig Rd. from Ayrshire Blvd. to N. End of Duncraig; th. Illy on an Easement to Lochloy Drive; Ayrshire Blvd. from Lochloy Drive to State Highway #169; State Highway 9169 from Ayrshire Blvd. to Hansen Rd. and at the hearing held at the time and place specified in said notice the Council 10 / 2 4/6 0 has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; L( of Edina, as f0110s.JS: ordered by the Village Council on September 12, 1960, and the Watermain proposed for Duncraig Road, Ayrshire Bivd. and State Highway No. 169, as . hereinbefore set forth shall be, and hereby is, considered to be one improvement, €or the reason that said combined construction will provide the loop necessary for proper water circulation and pressure. this Council September 12, 1960, is hereby amended to read as follows: NO17, THEREFORE, BE IT RESOLVED, by the Village Council of the Village 1. It is hereby determined that that Watermain Improvement No. 152 2. That Resolution Ordering Watermain Improvement No. 152, aaopted by ''WSGLUTION ORDERING IIPROVENENT t7ATERMAFN IMPROVEMENT NO. 152" "BE IT RESOLVED by the Council of the Village of Edina, Ninnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements : 1. CONSTRUCTION OF VILLAGE PKfEWIN AMD APPURTENANCES IN TIiE FOLLOWING STREZTS : 1. Doncaster Way from the N. Line of Rosendahl's 2nd Addn. to Edina Croyden Lane from Doncaster I?ay to Lochloy Drive; Lochloy Drive from Croyden Lane around Loop and back to Croyden Highlands to Croyden Lane; Lane. and . . 2. Duncraig Ra. from.Ayrshire Blvd. to N. End of Duncraig Rd. th. Illy on an Easement to Lochloy Drive; Ayrshire Blvd. from Lochloy Drive to State Highway #h9; State Highway $1169 from. Ayrshire Blvd. to Bansen Rd. and at the hearings held at.the times-and place speciried in said notices the Council has duly considered the views of au persons interested, and being tully advised of the pertinent faccs does hereby determine to combine said improvements into one improvement and to proceed witn cne construction of said improvemmt; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as WATEWN IWAOV~MENT NO. 152, and the area to be specially assessed therefor shall include all lots and traccs of land abutting the streets proposed to be improved." that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement : POLLOIJING STREETS : bd IT FURTHER RBSOLVED by the Council of the Village of Euina, Minnesota, CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE Duncraig Road from the North End of Duncraig to Ayrshire Blvd.; Ayrshire Blvd. from Duncraig Road to the South side of State Highway #lG9 ; thence Southwesterly across the Village Park to the Intersection of Warden Ave. and Carol Drive and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed ~7ith the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER 7%fPROVEMENT NO. 175, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved. Motion for adoption of the Resolution by Tupa, and on Rollcall there were five ayes and no nays, as aye; Dickson, aye; Tupa, aye; VanValkenburg, aye; and Reso&tion was adopted. (Manager Hyde told audience that because sewer will connect with a sei&$ . contemplated by the developer of property recently platted, sewer cannot be completed until the spring of 1961. 3. PUBLIC IlEARING ON PROPOSED STORM SEWER IN LESLEE LANE-1~~~ DRIVE AREA. the area proposed to be assessed. $.039 per Square Foot. Mr. Hyde explained that this sev7er is for the drainage of back yards, primarily; that this small area was platted by several developers, no one of which could be held solely responsible for storm sewer construction. Nr. Howard Lindow, GOO1 Leslee Lane, stated he feels that some type of drainage is necessary, but that this is too expensive away of getting it. Suggestion was made that the sewer be routed between Lots 3 and 4, Block 3, Valley Park to Kaymar Drive, and thence West on Kaymar Drive, in lieu of the extension at the rear of lots,between Leslee Lane and Ibymar Drive and then down Jeffrey Lane. Vu-Graph Slide was shown of the route of the proposed sewer, together with Estimate of Cost v7as given as.$23,740.64, for lO/ 2 4/60 There ~7as some further discussion had, and Tupa moved that plan be re-referred to the Consulting Engineer for Estimate as per Mr. Lindow's suggestion, and that Public Hearing on the proposed improvement be continued to Monday, November 14, Notion seconded by Dickson and carried. b 4. PUBLIC HEARIIZG ON PROPOSED INCLUSION OF "4010 BUILDING" PROPERTY IN STORN SEWER IIIPROVEHE%T N0.55 ASSESSMENT AREA. on petition of Southdale Managaqeiih Company.. fox inclusiori: of the "4010" Building property in the assessment district for Lateral No. 1 of Main No. 3 (Storm Sewer Improvement No. 55). Zir. Robert Crabb explained that at the time the assessment area was established, it vas proposed to grade this property away from the storm sewer improvement; now, it will be graded to drain into it. told Council it is proposed to assess this property at the sams rate as other non-residential property in the area. There were no objections to the inclusion of this property in the assessment district, and Tupa offered the following Resolution and moved its adoption: This Public Hearing was held Nanager Hyde RESOLUTION &ENDING FWOLUTION OEDERING STORM SEXER INPROVEIBNT NO. 55 BE IT RESOLVED by the Council of the Village of Edina, Wnnesota, that this Council heretofore caused notice of hearing to be duly published on the proposed inclusion of the fo~~owing described property in the assessment district for STOR4 SEWER II-PROVEJ%NT NO. 55 : All Lots and Tracts of land within the folloving described boundaries: "Stating at the Nf4 Cor. of Lot 2, B1. 1, Southdale Office Park Second Addn.; th. Ely along the. 14. line of said Lot. 2 a dist. of 120 Ft. to pl. of Beginning; th. S. 170 Ft. =ore or less to S. line of said Lot 2; th. SEly along S. line of Lot 2 and continuing along the S. line of Lot 1, Bl..l., Southdale Office Park Second Addn. to a pt. that. is due's. of a pt. on the". line of said Lot 1, 260 Ft. E. of the pt. of beginning; th. N. to said pt. on the N. line 260 Ft. 3. o€ the pt. of beginning; th. R. along the IT. line of Lot 1 and Lot 2 to pt. of beginning.'f and at the hearing held at the time and place specified in said notice the Council has duly considered the viem of all persons interested, and being fully advised of the pertinent factsdoes hereby deternine t.hat the above described property is benefited by the construction of Lateral No. 1 of Hain No. 3 (Storm Sewer Improvenent No. 55) and that said area shall be, and hereby is, included in the area proposed to be specially assessed therefor. BE IT FURTHER MSOLVED, that the "Resolution Ordering Storm Sewer Improvement No. 55", adopted by this Council July 25, 1960, is hereby amended to set forth the area proposed to be assessed in such manner as to include said hereinbefore described property. Xotion for adoption of the Resolution was seco Beim, and on Rollcall there PUBLIC WARINGS OX REQUESTS FOR ZONING VARIANCES. the mailing of Notice of Public Hearings to all affected property owners, and, pursuant to said Notice, the following Public Hearings were conducted, and action 17.7518 taken as hereinafter recorded : a garage to a point 10 feet from Benton Avenue lot line (Zoning Ordinance requires 15 feet for setback). favorable recominendations, there were no objections offered at the Hearing or prior thereto, and Dicltson moved for approval of request. and carried. ACRES into iive lots having a depth of less than the 120 feet required by Ordinance. Nr. Hite told Council that Xrs. Johnson has been unable to secure from Mr. Don 14cClellan "Outlot No. l", which vas reserved for the ultimate platting of the Johnson property. lk. Spencer Rluegel, representing Hr. 31cClellan, told Council that llrs. Johnson has refused llr. I~lcClellan's offer; and has made no counter offer of her own. Hrs. Johnson disputed this statemenc; and because it becams evident that an argument was pending, Trustee Diclcson suggested that the Johnson and NcClellan interests adjourn.for a half hour to try to settle the matter between themselves, before Council took action. Purchase of Outlot No. 1 by Bks. Johnson P7OUld enable the platting of most of the five lots in accordance with Ordinance requirements. Some tine later, f4r. ate told Council that llrs. Johnson is requesting a two-week continuance of Hearing; that matter may be settled satisfactorily; and continuance of Hearing until next meeting 17as ordered. Planning Director Hite reported 1. TKE =QUEST OF PW4K COLEI&XN, 5800 Hansen Road, for permit to extend Elr. Hite reported the Planning Commission's Motion seconded Beim 2. RUTH JOHNSON REQUEST for permission to plat LO2 17, BLOCK 1, PEACEDALE I 1@/24/60 213 3. ALVIN BORN WQUSST, 6125 Normandale Road, for permission to plat two lots with areas and widths less than'that required by ordinance for areas without public sewer and water. the location of the tract proposed to be divided (on the East side of Normandale, at the Highway #lOO-Crosstom intersction) , e7xplaining that the Highway Department is taking a part of the property; that Mr. Born must be out of his house by March 1 and wants to build; that, because the cost of ses.~er has been estimated at over $3,000 per lot the Planning Commission has deviated from its position on lot areas, to approve the variance. View Road and the #100-Crosstown intersection may now be in the position to use sewer, which would reduce the cost to approximately $2,000 per lot; and he and Manager Hyde recommended that public hearing be held on a proposed sewer installation before Council takes action on plat. gentleman whose properties back up to Blr. Born's property, objected to his using his land as the storage place for old lumber; and 3lr. Born replied that he doesn't know what to do with it, and won't know until Council action is taken. tlr. Hite presented a sketch showing He added that some additional lots in the block between Valley Two HEARING CALLED ON PROPOSED SANITARY SEZJER IN EAST SIDE OF NORMANDALE RON) Fl<Ubl VALLEY VIE37 ROAD TO CROSSTOWN-HIGHi?AY #lo0 INTERCHANGE. Pursuant to the foregoing discussion, Engineer-Zikan was asked about the possibility of completing engineering work in time to conduct a public hearing on sewer on November 14.. of the backlog of work already requested, but that a consulting engineer rmght be able to do the work, although this would be more expensive by about Yh. Mr. Born told Council he is most anxious to have somz decision made as soon as possible, in order that he can start his house. motion, scheduling Public Hearing on proposed Sanitary Sewer for Monday, November 14, 1960, and authorizing Village Manager to employ a consulting engineer for this project, ~7as seconded by Beim and carried. He replied that the village forces cannot do this because Dickson's Oiclcson's motion continuing Public Hearing on Born request for plat to November 14, was seconaea by Beim and carried. Plr. Hite coLa Council he feels that Mr. Born should be allowed to secure a per~ui; .;or one house on this tract because the house which is now there must be moved off; a second permic must wait on Council action. COlhCIL &?ARDS CONTRACTS FOR BIDS TAKEN TODAY. Tabuiations of Bids, and action was taken as hereinafter recorued: - 152--Edina Highlands Area. Tabulation of Bids shomd receipt of six bids, ranging from Coburn and tleelc, low bidder at $87,290.75, to Lamztti G Sons, high bidder, at $105,184.00. Second ~OTJ was Orfei & Sons at $87,474.40; third 1017, Phelps-Drake Co . at $89,998.90. Manager Hyde recommended award to low bidder, Coburn and PIeek, at $87,290.75, and Tupa so moved. Motion seconded by *Beim and carried. 2. FOR VEHICLE FOR BLDG. INSPECTOR. It was explained that bids had been taken on several different items--all including trade-in of a 1955 Chevrolet; that five bids had been received on 2-Door Sedans, ranging €rom Do~mto17n Chevrolet's bid of $1,709.00, to Hull-Dobbs' bid of $1,901.88 and Uoodhead Company's bid of $1,925.00; that on an Economy Model 2-Door, three bids were received, Downtosn Chevrolet being low at $1,475.00; on an Economy Model Pick-up, only one bid, Woodhead Company at $1,700.00; and on a 1/2 Ton Pickup, five bids, ranging from Do~mtown Chevrolet Company's, $1,391.00 to P7ooHhead Company's $1,700.00; with automatic transmission extra at between $150 and $200. After some discussion as to relative merits of a truck for the building department, Beim moved for award of contract to Dovmto~m Chevrolet on 1/2-Ton Pick-up at $1,391.00. Motion seconded by Dickson and carried. vith trade-in on 1960 Plymouth: Suburban Chevrolet, at $949.96; Hopkins Hotor Sales on a 'Ford at $1,379.71; Dobmtown Chevrolst at $1,425.00; and Hull-Dobbs on a Ford for $1,423.25. Suburban Chevrolet, and Beim so moved. Motion seconded by VanValkenburg and carried. Planager Hyde presented 1. FOR SANITARY SDJER IMPROVIDENT NO. 175 AND WATERMAIN IMPROVEI4EXT NO. 3. FOR POLICE CAR. Tabulation of bids showed receipt of four bids, Recommendation was for award to DELEGATION PROTESTS SUPER-VALU TRUCK TRAFFIC IN WEST MINNEAPOLIS HEIGHTS. Mr. Wayne Bumeister led a delegation of nineteen residents requesting relief from the Super-Valu truck traffic traveling through T57est Minneapolis Heights .' He explained that this traffic has occurred after Hopkins' closing of 2nd Street. route to Harley Hopkins School; that trucks raise dust and break up the roads. He asked that the Edina Council ask Hopkins to make the vacation of Jefferson Avenue in Hopkins contingent upon an agreement by Super-value to close access to Third Street. Delegation bas-ed its objection on fact that Third St. is the only Mr. H. B. Reinhardt of Super-value 10/24/60 suggested that residents contacted 3lr. Ray Winslow of Super-Valu in connection 77ith their traffic problems, saying he feels sure the Company~.rill be willing to V70rk with residents "as a matter of public relations". Avenue at the Super-Valu warehouse is now being paved, and that this is increasing traffic in the Edina area; that he is sure it will decrease as soon as construction is completed. posted to a &Ton Axle Wkight, and this vas approved by Council. postponed to November 14.. ROAD SHEE700D ikUi3- EM'L'RANGE TO OVERHOLT BUILDING DENIED. Nr. H. Reinhardt, 5240 Richwood Drive, President of the Richmond Hills neighborhood association, spoke in support of a petition filed in objection to the request of Hr. Ralph Overholt for an entrance to the Overholt Building from Sherwood Road. Hr. Reinhardt told the Council that the main objection of the property owners is that the Overholt tract 17as rezoned ~7ith the Council's promise to the residents that there F70uld be a minimum of traffic at this address; that, basically, the isiand in , Highgay No. 169 has not changed the entrance to the Overholt property--and that this is a ~7ealc excuse for Hr. Overholt to use in making his request. 'Mr. Reinhardt - also told Council that the Overholt properties are using a part of the street as a parking lot, and that the promised trees have neverbbeen planted. BIr. Hyde agreed that ~7hat amounts to the sidewalk portron of the right-of-way is being used for parking; stating, also, that the owner directly behind Overholt properties is not particularly concerned, now, about the lack of platings. Discussion v7as had by Council, in which it was noted that Council commitment had been made at time of rezoning that there vould be no entrance off Shemood Road. Nr. Dickson asked thar it be written into the record that Council feels that objectors' arguments are weak, but that because a commitment has been made kt will be kept; and Bein rcoved for denial of Overholt request. 1-lotion seconded by Tupa and carried. He explained that Jeffefson Bianager Hyde suggested that Vest Minneapolis Heights streets be Further action PARI( DEPARTNl3NI' EQUIB-fEIQT CONTRACTS PJ;fARDED. a Four-li.lheei Drive Pick-up Truck, and on a Hist Sprayer, were presented, and action vias taken as follows : 1. Two bids received; Park Jeep, Inc., at $2,597.55, and Hartzeil Hotor Co., at $2,573.00. Recommendation was for award of contract to 10F7 bidder, and Dickson so moved. Motion seconded by VanValkenburg and carried. 2. BEST SPMYER. Only one bidder biddfng: Tart-Ide Corporation, on a net^ 301 John Bean Rotomist, at $6,895.00; and on a Used Ilodel 300, at $5,250.00. At a question from Trustee 'I'upa as to immediate use, 3ir. French told Council that the equipment will not be used much ehis fall; but that his recommendation is for the used mdei, which is available now and sill not be available by spring. . Beim moved for purchase of the 1959 rmdel. Tabulations of Bids talcen today on FOUR WHEEL DRIVE TRUCK. Motion seconded by VanValLenburg and carried. IRON BE3lOVAL CONTMCT AWARDED TO PHELPS-DRAKE C(MpANy, USIXG H. i.i. i.iLI&LER EQUIPfIENT. Council reviewea at some length the varkous bids received October 7, 1960, as recorded on Page 194 of this Piinute Book; then read detailed report by A. VJ. Banister, Consulting Engineer, dated October 24, the last paragraph of vhich reads as foliows: "The normal standard acceptca rates of filtration 't.7ere speciried ia the bid. Accordingly iz: is recornended that the concract be awarded to Layne-Ilinnesota Company on the basis 01: cne "base bid" ($211,529.50). 11: the Council desires to consider che alternate for Kueiler equipment, using birm, a saving of $29,429.50 can be efiected. removal plant of the capacity required nor have they been of the horizontal type. The m5ter feels that the H. 14. Mueller Company equipment F70dd do an adequate job of treating the water but that more rrbug$ll probably T70Uld exist than for the equip- ment specified under the base bid and far which the recommendation is made herein. However, it is felt that the manufacturer, having his .plant in %.Louis Park, would probably be able to iron these out in due time.'' recommendation for the rejection of the Acton Construction Company bid of $163,966 using l?aterite Equipment, because of the information received on the performance of the Waterite product. Xessrs. Tart of Tart-Ide, Ted flitchcock of Waterite, Verne Luether of General Filter Company and Hank 3lueller of H. M. 3lueller, all spoke at some length in explanation of their respective equipment. After these talks, Hr. Banister ~7as queried by Council on his recommendation, and confirmed his aritten recommendation reported above. Layne-3Ennesota Company, using General Filter equipment, stating he feels that this is a long-tine investmmt and that the General Filter equipment should do the best job through the years. ballot vhich showed the majority prefering award on the Hueller Equipmznt, with the General Filter equipnfo,nt as second choice; and Tupa moved for award of contract for IRON RE31OVA.L PLANTS, and including toilet facilitios at the Vooddale Plant, to Phelps-Drake Corrpany, Ninneapolis, at $182,100, using H. 1.i. Kueller Company water treatment equipment. The H. 31. Xueller Corporation has not manufactured a pressure filter iron This report also contained a I Utilities Supt. Voehler recornended award to Council had some considerable discussion, and an informal Hotion seconded by Dickson and carried. 10 / 24/e 0 215 PETITION FOR VACATION OF 1.25 FT. OF 17.493 ST. REFEWD TO VILLAGE ATTORNEY FOB h POSSIBLE SALE OF LAND. Attorney Hosmer Brown's petition, on behalf of his client, because building encroaches on right-of-way to this extent, M~S read and discussed, Suggestion.vas made that perhaps this property might be sold to petitioner, and matter v7as referred to Village Attorney Hasselquist for his opinion as to legality oE such transfer. owner of the "Post Office" property, asking for Vacation of 1.25 feet of 11.4925 St. 2 ERNST & ERNST EMPLOYED TO AUDIT 1960 RECORDS. Council's attention to fact that auditors for the year are usually employed at this time of year, was read. Some discussion was had, and Dickson's motion that Emst & Emst be employed to audit the 1960 Village records 57as seconded by Tupa and carried. Ernst & Emst's letter calling PUBLIC HEALTH NURSING REPORT FOR SEPTEMBER, 1960, t7as submitted, reviewed, and ordered placed on file. COUNCIL APPROVES ASSIGNNENTS OF SdCURITIES COVERING INVESQGNTS PURCIlASED . It vas reported that the follo1.7ing investments have been made: From Nidland National Bank - $500,000 Certificates of Deposit From Fidelity Bank and Trust Company, $1,000,000 certificates of Deposit and that the Banks have assigned securities in lieu of bond as collateral to cover these investments. Dickson offered the following Resolution and moved its adoption: RESOLUTION APPROVING ASSIGNiWNTS Or' SIiCURITIES HIDLAND NATIONAL B&X, AND FIDELITY BANK AND TRUST COMPANY IN LIEU OF BOND - BE IT RESOLVED, that the Village Council of the Village of Edina approve the assignments by its depositories, Midland 'National Bank of Minneapolis, and Fidelity Bank and Trust Company of the following securities, as good and sufficient collateral for the Village of Edina Public Funds depositied in said respective depositories: $15,000 City of Moorhead, Minnesota Certificates of Indebtedness of 1954., $35,000 Independent School District No. 1 Rice County Minnesota School $500,000 U.S. Treasury 1-1/2% Notes, Series EO-63, due October 1, 1963 MIDLAND NATIONAL BANK - 1.90% due February 1, 1964. Building 2.60% Bonds due January 1, 1964, TOTAL - $550,000 FIDELITY BANK AND TRUST COMPANY - due 8/1/61 TO'lXL - $1,000,000 $1,000,000 par value U.S. Treasury Certificates of Indebtedness 3-1/8% Notion for adoption of the Resolution was seconde2 by Tupa, and on Rollcall there INPROVENENT PETITIONS ACCEPTED. and by motion Beim, seconded by Tupa and carried, were accepted and referred to Village Engineer for programming : The following improvement petitions 147ere submitted, ~ CURB AND GUTTER AND BLACKTOP - Wooddaie Ave. , Dunham Dr. to Gilford Dr. CURB AN3 GUTTER AND BLACKTOP - West Shore Drive, 8.6oth St. to Laguna Dr. OILIPZG - Wilryan. Ave., W.64th to W.65th St. (for Spring, 1961) OILING - %.Johns Ave., W.63rd.t~ W.64th St. OILING - York Aye., W.55th to IJ.56th St. OILING - Dundee Rd., 5500 Block PETITION FOR FILL FOR PARI< AT ISJEST END OF LAKE CORNELIA REFERRED TO PARK BOARD. Petition signed by P4r. C. V. Anderson, 6617 West Shore Drive, and eight other property owners in the area, whose property adjoins the west end of Lake Cornelia, "urgently requesting" that any surplus dirt be dumped on Park property at this location to develop a firm shore line, was reviewed; ana then, by common consent was referred to the Park Board for its recommendation. 5OTI.I-FRANCE "NO PARKING DURING RUSH HOUR" Rl3QUsSTS TO BE TAXGN TO C€IAIIBXR OF COkWKcIIE. lnquiries from Ivlessrs. W.H. GalLup, 4.809 Trillium Lane, and Richara L. Randall,, 6137 Oaklawn Avenue,about possibility of making France (Vest Side) from 49th to 51st St., and 50th St. (North Side) from France to Halifax "No Parking Zones" from 4:OO to 6:OO P.H., were reviewed. Hr. Hyde reminded Council that this had been tried once; and had been discontinued because the merc hants disapproved so vehemently. He suggested taking'the matter before the Chamber of Commerce, and it was so ordered. 10/24/60 216 COUNCIL TO EW CLAIM UNDER BOND FOR GRADING OF "W EDINA 2ND ADDITION" LOTS. Planning Director I3ite reported to the Council term under bond for the Grading of lots in Lake Edina 2nd Addition, extended by Council to October 18, has now expired \ nd work has not yet been done. He asked Council's policy as to how to proceed from this point, and ~7as instructed to make claim for the V70rk under the provisions of the bond. 14r. E. C. Stow protested violently against this procedure. He reported that, some timz ago, surveyor Cardarelle had established or staked the lots at 857, establishing the fact that the lots were six feet higher than the water; that J. A. Danens & Son had done the grading; that Manager Hyde had been in the field and had told Nr. Danens that the work v7as satisfactory. Nr. Stow reported he had talked ~75th Nr. Sonny Danens this afternoon,*and had red received this last infor- mation from him. Flr. Hyde flatly denied Xr. Stow's statemmt about his approval. 3ir. Stow told Council he feels he is being unfairly treated; that he had no knowledge from the Village office that his bond ~7as in default and had to learn the nevs from the bonding company; that it would have been a matter of but five minutes' time for the Village office to call him, so that he could have done whatever ~7as necessary to do. answered a routine questionnaire sent each month by the bonding company; that he, Nr. Stow, has not ever filed a certificate showing the ~70rlr done; and that to the best of the knowledge obtainable by the Village the work has not been done; that he should have filed his certificate before bond expired, and that he must do so now. He v7as informed that the Village office siqly ACTION ON COUNTY ROAD $13 PLAN HELD OVER TO NOVEMBER 14. Hennepin County Highway Dzpartment ' s "Construction Plan for Grading", asking Manager Hyde presented Council's action on that portion of County Road No. 13 between the South Village Liaits and Vest Trail because County is anxious to begin construction. noted that the County will take considerable Village park property to accomplish this plan, and matter 17as laid over until next regular meeting for negotiations relative to park land being taken. It 17as PARK LOTS (LOTS 1 AND 2, BLOCK 1, DEED RESTRICTION PGNNST BUILDING ON ST.IALL LOT (SEE ESINUTES OF OCTOBER 10, 1960) Hanager Hyde reported that prospective purchaeer Laub has refused to purchase the above two lots with the restriction thereon imposed by the Village at its mzeting of October 10; that the Parli Board has unanimously approved the sale of the lots without this restriction and the Council ~7ould have been so informed at the- last meeting except for the fact that the Board was holding its meeting at the same time as the Council f4eeting. action of October 10, and authorize the sale of these lots at $4,500 plus payment of special assessments, with the restriction that no dwellings be constructed for at least five years (but eliminating the previously imposed restriction preventing any building, ever, on the smaller of the two lots). Motion seconded by Beim and carried. LAUl CORNELIA PARK ADDITION) TO BE SOLD KtTHOUT VanValkenburg then moved that Council reconsider its PROPOSED AKEND14l3?T FOR OP4lINAXCE NO. 182 REFERRED TO VILLAGE ATTORNEY. Eyde suggested amznding Edina's ''Green River" Ordinance (in prohibition of house- to-house solicitation) to include a prohibition on sale of services, Council sas agreeable, and matter of amzndmmt ~7as referred to Village Attorney Hasselquist, for draft and return to Council. 'llanager ' CLAIT.fS PAID. dated October 24, and for an additional payment of $122.96 to Manager ITarren Hyde in reimbursenznt: of expenses incurred at International City Hanagers' Convention in San Francisco, vas seconded by Dickson and carried: General Fund, $57,241.81; Constrkction Fund, $270,386.16 ; Park, Park Construction and Swim Pool Funds, $6,463.82; Waten~orks Fund, $6,986.29; Liquor Fund, $143,241.36; Sewer Rental Fund, $323.56; Improvemint Funds, $2,319,548.02; P.I.R., Temporary Improvemznt, etc. Beim's motion for papent of the folloving Claims as per Pre-List . Funds, $20g316.90; Total, $2,824,507.92. VILEOIT SANITARY SHIER I?&Q?IKG AUTHORIZED. Nr. Zilcan reported that the llilhoits at 6200 Belmore Lane are very anxious to have Sanitary Se~7ar service; that their reiuest has been in for a long timz, and Engineering Dzpartmmt has been drawing plans, although plans ara not completed at this date. permission to schadule Public Hearing on this project if plan and est: ?mate can be coqleted in tint for publication of notice of hearing, and Tupa's motion granting Engineer's request v7as seconded by VanValkenburg and unanimously carried. :le asked Council for UTILITIES CONSTRUCTIOJ 12ISPECTION QUESTIlSNEu. Trustee Tupa, stating that it had recently conk to his attention that service connection in' Peacedale Avenue could not be located, and that nanholes in Hibiscus Lane are out of line, asked concern- ing Village inspection oE contractors ' 170rk; feels inspection to be adcquata; that wst of the difficulties arise when the grade of the street is changed; that in the case of Peacedale, the connection vas at the location given Eor it, but it ~7as deeper than plumber expected it to be. The Tilatter of the vi&?gC'S ovming a "locater" was discussed. 3UND LiVIZS TO BE CAXCELLED. Bond-Levies payable in 1961 &y, be cancelled; that there is su.f€,icient money in the respective funas to m=et requirements of the bond covenants. Engineer Zilcan explained that he Finance-Director Dalen told Council that several Ttmo 10/24/60 offered the following Resolution and moved its adoption: USOLUTION CANCELLING IMPROVEMdNT %~TNuS AD VALOml TAXES COLLECTIBLE IKLYkl i9GO ru . GENERAL PROPERTY TAXES ~.~HJ~REAS, The Village Council of the ViiLage of Edina has, by Resolution -- adopted August 31, 1951, levied a special. ad valorem tax for the payment of principal and interest of its 1950 Third Series Improvement Fund Bond Issue; said ad valorem tax in the amount of $700 being collectible TJith and as a part of other general taxes for the year 1960; and WEEREAS, The Viilage Council of the Village 01 Edina has, by Resolution adopted August 31, 1951, levied a special aa valorem tax for the payment of principal and interest of its 1951 First Series Improvement Fund Bond Issue; said ad valorem tax in the amount of $600 being collectible with and as a part of other general taxes for the year 1960; and f.JMmAS, The Village Council of the Village of Edina has, by Resolur.ion adopted October 13, 2932, levied a special ad valorem tax for the payment of principal and interest of its 1952 First Series Improvement Fund, said aa valorem tax in the amount or $S,OOO being collectible with and as a part of other general taxes for the year 1960; and BJ.-IERl3AS, The Village Council of the Village of Edina has, by Resolution adopted March 2, 1953, levied a special ad valorem tax for the payment of principal and interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the amount of $24,000 being collectible with and as a part of other general taxes for the year 1960; and 'C;IWEREAS, The Village Council of the Village of Edina has, by Resolution adopted October 26, 1953, levied a special ad valorem tax for the payment of principal and interest of its Southdale Improvement Fund, said ad valorem tax in the amount of $5,900 being collectible with and as a part of other general taxes for the year 1960; and UIIEREAS, Ilinnesota Statutes, Section 475.26 permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issues; and it has been determined by this Council that the required moneys are on hand for the payment of xaid principal and interest: Edina that those ad valorem tax levies made by Resolutions of this Council adopted August 31, 1951, October 13, 1952, March 2, 1953, and October 26, 1953, and collectible with and as a part of other general property taxes in said Village for the year 1960, be and hereby are cancelled; and adopted February 27, 1957, levted a special ad valorem tax €or the payment of principal and interest of its Park System Bonds; said ad valorem tax in the amount of $48,000 being collectible t7ith and as a part of other general taxes for the year 1960; and the General Obligation Bond Redemption Fund) permits the cancellation of all or part of said levy providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of all of the interest and a part of the principal of said bond issue; WOY, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that $14,400 of that ad valorem tax levy made by Resolution of this Council dated February 25, 1957, be and is hereby cancelled. Efinnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1960. , NOY, THEREFORE, BE IT RESOLVED by the Village Council of the Village of WNEREAS, the Village Council of the Village of Edina has, by Resolution f.7I-IEP3IASY Ordinance No. 17 of the Village of Edina (An Ordinance Establishing BE IT FURTITER RESOLVED that the County Auditor of Hennepin County, Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays, 097s: Beim, aye; Dickson, aye; Tupa, aye; VanValkenburg, aye; and and the Resolution vas adopted. 7 The business of the evening having been covered, Beim moved for adjournment. Motion seconded by Dickson and carried. Ifieting adjourned at 11:15 P.M. .w- I; , \ 'i i