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HomeMy WebLinkAbout19610410_regular4/10/61 MINUTES OF TEE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, APRIL 10, 1961, AT 7:OO P.M., AT THE EDINA VILLAGE HALL llembers answering Rollcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of March 27, 1961, were approved as submitted, by Motion VanValkenburg, seconded by Beim and carried. CONTINUATION OF MARCH 27TH PUBLIC HEARING ON CALVINCKATTER REQUESTS FOR CONSTRUCTION PERMIT FOR THReE DOUBLE DrJELLINGS AT 5709, 5713 AND 5717 FRANCE AVENUE, AND FOR SIDEYARD SETBACKS THEREFOR. Planning Director Hite brought before the Council Mr. Katter's revised plan. the neighbors at the last meeting, Mr. Ratter has reduced the size of the proposed double dwellings to permit compliance with zoning regulations on the north and south boundary lines of this new plat; that he is now asking for side-yard variances on the interior sides only; the request now being for a 10-foot south side yard at No. 5709, a 10-foot north side yard at No. 5713, and a 10-foot north side yard at No. 5717. neighbors as to the adequacy of the proposed storm sewer, he had checked with the Village Engineering Department and finds that Mr. Katter's plan is adequate; that, after a recent field trip, and appraisal of the neighbors' objections, the Planning Cornmission still feels that Mr. Hatter's plan should be recommended to the Council. Mr. Farnsworth, 5700 Ewing Ave., still objected to the idea of three double dwellings. Some discussion was had by the Council, and Dickson moved for acceptance of the Planning Commission's recommendations and for the granting of Mr. Katter's request for special permit for construction of three double dwellings at 5709, 5713 and 5717 France Avenue, and his revised request for the above-stated side-yard setback variances. PUBLIC HEARINGS ON PROPOSED SANITARY SEWER AND WATERMAIN IN WOODDALE AVENUE FROX W.70TH ST. NORTH 295 FT, MORE OR LESS. Clerk presented Affidavit of Publication in Edina-Morningside Courier March 30 and April 6, of "Notice of Public Hearings", which Affidavit was approved as to form and ordered placed on file. reported the mailing of said Notice to all affected property'owners; and, pursuant to said Notice the following Public Hearings were conducted and action was taken as hereinafter recorded: FROM8.70TH ST. TO 270 FT. NORTH. area, and Manager read Estimate of Cost at $4,480.97, for $2,240.49 per Assessable Lot. He stated that, pursuant to an opposing petition filed by Mr. Hite told Council that, pursuant to an objection from some of the Motion was seconded by Beim and carried. Clerk also 1. PUBLIC HEAIUNG ON PROPOSED SANITARY SEWER IMPROVEMENT IN WOODDALE AVE. Vu-Graph Slide was shown of route and assessable No objections were registered at the Meeting, and none had been received . prior thereto. (See Resolution Approving) . 2. PUBLIC HEARING ON PROPOSED WATERMAIN IN WOODDALE AVE. FROM IJ.7OTH ST. TO 295 FT. NORTH. read Engineer's Estimate of Cost at $1,222.15 per Assessable Lot, being a Total Cost of $2,444.29. received prior to the Hearing. Vu-Graph Slide was shown of route and assessable district. Manager There were no objections from the floor, and none had been Beim offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS SANITARY SEWER IMPROVEMENT NO. 177 AND I?ATERMAIN IMPROVEMENT NO. 154 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearing to be-duly published on the following proposed improvements : 1. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN WOODDALE 2. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN I?OODDALE AVENUE FROM W,70TH ST. TO 270 FT. NORTH; AVENUE FROM W.70TH ST. TO 295 FT. NORTH; and at the hearings held at the time and place specified in said notices 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 improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEI?ER IMPROVEMENT NO. 177 and WATERMAIN IMPROVEMENT NO, 154, respectively, and the areas to be specially assessed for the cost therefor shall include Lots 1 and 2, Block 1, Creston Hills, Bach Replat. I Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: Be VanValkenburg, aye; and Bredesen, aye ; and "Village Clerk 4/10/6 1 PUBLIC HEARINGS ON PROPOSED SPECIAL ASSESSMENTS. Publication in Edina-Morningside Courier March 23 Clerk presented Affidavit of and 30, 1961, of the following: J ) A. IiNotice of Assessment Hearing on Lateral Storm Sewer No. 50 (8) .'I B. "Notice of Assessments Hearings on Blacktop, Curb & Gutter Improvements C. "Notice of Assessment Hearings on Sanitary Lateral Sewer No. 171, 173 No. BA-7, BA-14, BA-16, BA-17, BA-19, BA-23 and BA-25." and 174; Lateral Watermains Nos. 144, 145, 146, 149, 149 and 150.'' Affidavits were approved and ordered placed on file; and Clerk also reported the mailing of Notices to all affected property owners. the following Public Hearings were conducted, and action was taken by Council as hereinafter recorded. Pursuant to said Notices, 1. PUBLIC HEARING ON PROPOSED\ASSESSMENT FOR LATERAL STORM SEWER IMPROVEMENT NO. 50 (Lateral No. 8 of Main No. l).-ALONG NORTH LINE OF LOT 12, BL; 11, NORMANDALE ADDN. FROM PT. 160 FT. EAST OF NW CORNER THEREOF TO VIRGINIA AVE.: VIRGINIA AVE. FROM WLY EXTENSION OF NORTH LINE OF LOT 12, BL. 11, NORMANDALE ADDN. TO V.65TH ST.: W.65TH ST. FROM VIRGINIA AVE. TO WILRYAN AVE. : WILRYAN AVE. FROM W .65TH ST. TO \.I. 64TH ST, : W.64TH ST. FROM JOSEPHINE AVE. TO WILRYAN AVE. : WILRYAN AVE. FROM W.64TH ST. TO ELY EXTENSION OF NORTH LINE OF LOT 6, BL. 3, NORMANDALE 2ND ADDN.: ALONG NORTH LINE OF LOTS 6 AND 25, BL. 3, NORMANDALE SECOND ADDITION: LOTS 6 AND 25, BLOCK 4, NORMANDALE SECOND ADDITION; LOT 6, BLOCK 5, NORMANDALE SECOND ADDN. AND LOT 4, HAWKINSON ADDN. Manager Hyde read Assessable Cost at $188,066.41, proposed to be assessed against 2,470,008 Assessable Square Feet, for $.07614 per Sq. Ft., as compared with $.07611 Estimate given at Improvement Hearing. Attorney Herbert Lbffler,.representing the "East Normandale Association" composed of some thirty- one property owners set forth on a list presented by Mr. Leffler, objected that the area East of Normandale Road receives less benefit from this storm sewer improvement than the area West of Normandale Road and should be'assessed accordingly. He told Council that some parts of the area East of Normandale Road have suffered actual storm water damage, rather than benefit, from construction. Mr. Leffler presented pictures of the properties at 6433 Ryan Ave. and 6432 Sherwood Ave. , alleging that the "ponds" therein had never been as extensive before storm sewer construction. Mr. Swenson, 6425 Ryan Ave., owner of property at 6433 Ryan, stated the outlet of the storm sewer is at the level of his pond; that a revetment has been created on W.65th St. to hold water in the lots north of the street. Mr. Harris, 4812 W.66th St., told Council that the properties along W.66th St. are separated frqm the rest by a deep valley; that his property contributes nothing to the drainage district. assessable district being run across lots, thus placing some lots in two storm sewer districts, and also told Council that the assessment for some lots is as much as $2,400; that it is difficult to conceive that the benefits derived from this improvement will approach this amount. Mr. Leffler stated he feels there is a very real basis for making less of an assessment against the properties East of Normandale Road than against those properties West of the Highway; that his clients are not asking to be wholly relieved of assessment but are requesting that a more equitable distribution be made of the assessable costs. Dickson then moved that this Public'Hearing'be continued to the First Regular Meeting in June (June 12); motion was seconded by Tupa and carried. Mr. Leffler objected to the boundary lines of the 2. PUBLIC HEARING ON STREET IMPROVEMENT NO. BA-16 -- CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE TREATMENT IN MARK TERRACE DRIVE FROM VALLEY VIEW ROAD TO CUL-DE-SAC. Tabulation of Assessment was read by Manager Hyde, Assessable Cost totalling $9,911.52, proposed to be assessed at $7.48 per Front Foot, as compared with Estimate of $6.69 per Front Foot. Manager told audience that increase in cost comes because of poor sub-grade, and the Village's desire to lower the grade to existing lawns and driveways. complained that the radius at Valley View Road is too sharp to permit safe turns. Mr. Zikan stated that this was decided by Hennepin County; that Village was required to enter Valley View at this point. Mr. Hyde told Council he feels this should be corrected if it possibly can be; and it was concensus of Council's opinion that'correction be made. motion was seconded by VanValkenburg and carried. (See Resolution of later in Meeting, Levying Assessment). Mr. R. E. Beedee, 6920 Mark Terrace Drive, ' Dickson then moved for approval of assessment, 3. PUBLIC H~ARING ON STREET IMPROVEMENT NO. BA-25 -- CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE TREATMENT IN DUNHAM DRIVE FROM WOODDALE AVE. TO ELLSWORTH DRIVE. Tabulation of Assessment was read, showing Total Assessable Cost to be $10 , 250.89 , proposed to be assessed against 1,872.1 Assessable Feet , for $5.47 per Assessable Foot as compared with Improvement Hearing Estimate of $6.98. objections were registered at the Hearing, and none had been received prior thereto. Dickson's motion for approval of assessment was seconded by VanValkenburg and carried. (See Resolution of later in Meeting, Levying Assessment). No 38. CURB m &/10/61 PUBLIC HEARING ON SSSESSMENT FOR STREET IMPROVEMENT NO. BA-23 -- CUNCRETE GUTTER AND BITUMINOUS SURFACE FOR TINGDALE AVE. FROM BENTON AVE. TO GROVE ST. $6,349.37, proposed to be assessed against 983.7 Assessable Feet, for $6.45 per Assessable Foot as compared with Improvement Hearing 'Estimate of $7.57. were registered at the Hearing, and none had been received prior thereto. motion approving assessment was seconded by VanValkenburg and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). Tabulation of Assessment was read, showing Total Assessable Cost to be No objections Dickson's 4. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-14 -- CONCRETE CURB AND GUTTER AND BITUMINOUS SUWACE FOR NORMANDALE COURT FROM HIGHNAY NO. 100 TO E;SI$'H ST. Tabulation of Assessment was read, at Total Assessable Cost of $8,575.93, proposed to be assessed against 1,173.1 Assessable Feet for Bituminous Surface; 1,009.6'Assessable Feet for Curb and Gutter, for $4.72 per*Assessable 'Foot for Blacktop; $3.01 for Curb and Gutter--a Total of $7.73 per Assessable Foot as compared with $7.18'Improvement Hearing Estimate: Mr. M. E. Meyer, 5036 Norhandale Court inquired'about his assessable footage and was told to see the Special ASsessment Clerk. footage, and was promised an adjustment should this be the case. other objections made, and none had been received prior to Hearing. Tupa's motion approving assessment was seconded by Beim and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). I . He stated he feels he is being assessed for too much There were no 5. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-7 -- CONCRETE CURB AND GUTTER .AND BITUMINOUS SURFACE FOR HANSEN ROAD FROM VALLEY VIEW ROAD TO W,61ST ST. $16,246.68, proposed to be assessed for 2503 Assessable Foot for Bituminous Surface and 2,382.4 Assessable Feet for Curb and Gutter, for $3.82 per Assessable Foot, Bituminous Surface and $2.80 per Assessable Foot, Curb and Gutter -- a Total of $6.62 per Assessable Foot as compared with Improvement Hearing Estimate of $6.16. No objections were registered at the Hearing, and none had been received prior thereto. Beim's motion approving assessment was seconded by Tupa and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). Tabutation of Assessment was read, at Total Assessable Cost of 6. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-19 -- CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE FOR DUNBERRY LANE FROM CORNELIA DR, TOIJEST LINE OF SOUTHDALE 3RD ADDN. Total Assessable Cost was given as $11,065.29, proposed to be assessed against 1,403.4 Assessable Feet, for $7.88 per Assessable Foot as compared with $7.53 Improvement Hearing Estimate. made at the Hearing, and none had been received prior thereto. approving assessment was seconded by VanValkenburg and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). No objections were Tupa's motion 7. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-17 -- CONCRETE CURB AND GUTTER AND BITUMINOUS SURFACE FOR EWING AVE. FROM W.63RD ST. TO W.64TH ST. Total Assessable Cost was given as $6,572.91, proposed to be assessed against 891.1 Assessable Feet, for $7.37 per Assessable Foot as compared with Improvement Hearing Estimate of $7.18. or during Hearing. VanValkenburg and unanimously carried. Levying Assessment). No objections received, either before Dickson's motion for approval of assessment was seconded by (See Resolution of later in Meeting, 8. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. A-129 -- BITUMINOUS SURFACE TREATMENT FOR CHANTREY RD., AYRSHIRE BLVD. TO NORTHWOOD DR. : NORTHMOOD DR. FROM GLENGARRY PARKWAY TO EXISTING BLACKTOP. Total Assessable Cost was given as $12,230.33, proposed to be assessed against 3,627.1 Assessable Feet, for $3.37 per Assessable Foot as compared with Improvement Hearing Estimate of $4.02. No objections received, either before or during Hearing. approving assessment was seconded by fipa and unanimously carried. of later in Meeting, Levying Assessment). Beim's motion (See Resolution 9. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. A-127 -- BITUMINOUS SURFACE TREATME3T FOR IDYLWOOD LANE FRmi S. BLAKE RD. TO SHAEFER RD. Total Assessable Cost was given as $6,761.58, proposed to be assessed against 2,559.5 Assessable Feet, for $2.64 per Assessable Foot compared with Improvement Hearing Estimate of $3.27. No objections registered, either before or during Hearing. him all improvements were in. Tupa and unanimously carried. Assessment). Mr. Condon, 6216 Idylwood Lane, did complian that his seller had told Beim's motion approving assessment was seconded by (See Resolution of later in Meeting, Levying 4/i0/6 i a9 , 10. . PUBLIC HEARING ON PROPOSED ASSESSMENT FOR'STREET IMPROVE~ENT NO, B-67 CONCRETE CURB AND GUTTER FORWEST 62ND ST. FROM WYMAN AVENUE TO HANSEN ROAD. \ Total Asseqsable Cost was given as $2,917.35, proposed to be assessed against 965.1 Assessable Feet, for $3.02 per Assessable Foot compared with Improvement Hearing Estimate of $3.54. Mr. P.F. Pierce, 5137 W.62nd St.,complained that the Blacktop street does not match the curb; that in some places the street is low, and that in others the street is crowned very high. Mr. Zikan reported that the Public Works Crew has been given instructions to make these repairs just as soon as the frost is out of the ground. Mr. Pierce asked that levy of the assessment be delayed until such time as the work is completed, and Beim moved for continuance of Public Hearing on Assessment to June 26, 1961, and for completion of the requested work before that time. and carried. Motion seconded by Dickson 11. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. B-68 - CONCRETE CURB AND *GUTTER FOR COUNTRYSIDE Roe FROM TFCY AVE. TO CUL-DE-SAC: AND ' CRESCENT DRIVE FROM s. LINE OF *COUNTRYSIDE ADDN. TO 159 FT. NORTH OF CENTERLINE OF COUNTRYSIDE RD. be assessed against 3,369.3 Assessable Feet, for $3.23 per Assessable Foot as compared with Improvement Hearing Estimate of $3.33 per Assessable Foot. No objections were registered, and Dickson moved for levy of assessment. Motion seconded by VanValkenburg and unanimously carried. later in Meeting, Levying Assessment). Total Assessable Cost was given as $10,891.34, proposed to (See Resolution of 12. PUBLIC SARING ON 'PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 171 - IN EAST SERVICE DRIVE OF W.#lOO FROM W.7OTH ST. TO N. LOT LINE OF LOT 11, NORMANDALE TERRACE. proposed to be assessed against eight connections for $1,804.92 per Connection as compared with Improvement Hearing Estimate of $1,599.28. Messrs. Westphal, Wittman and Schultz, #6821, 6813 and 6805 Normandale, protested that Christ Presbyterian Church should have a bigger share of the assessment (it is proposed that the Church be assessed for two of-the eight connections). These men, and Mrs. Bomsta all told Council that the sod for which they are being assessed is very ppor, and that the fill has sunk considerably. Mrs. Bomsta reported that the sewer runs only to the South line of Lot 11; that she was forced to make a diagonal connection to her Lot 11. A Mr. Bain, representing the Church, told the Council that the Church would naturally like to have as small an assessment as possible, but that it does not wish to take advantage of its neighbors; that anything which the Council may desire ,is equitable will-be satisfactory with the Church. &e of the objector; asked about future connections for the interior lots facing W.69th St. (if and when lots are platted). lots could be served by a line in the boulevard, at which time they would pay a connection charge which would reduce assessment . Tupa then moved that Public Hearing on Assessment be continued to June 26, and that study be made as to equality of assessment. Total Assessable Cost was given as $14,435.66, Mr. Zikan stated these Motion seconded by Beim and carried. ' 13. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERMAIN IMPROVEMENT NO, 149 - IN PARK PLACE FROM W.54TH ST. TO W.55TH ST. $5,850.79, proposed to be assessed against eleven connections for $531.39 per Connection as compared with Improvement Hearing Estimate of $485.17. .Mr. Holloway, 5437 Park Place, owner of Lots 3 and 4, Block 2, South Harriet Park, told Council that a Watermain Assessment had been paid on his property years ago. reported that an assessment of $130.00 had been levied against Lot 4 for Watermain Improvement No. 1; that Mr. Holloway is using the new Watermain Improvement for his connection. Mr. Holloway was informed that, had he run his connection to the main of old Watermain No. 1 (which provided no connection to 'the curb line) his connecting charge would have been-much greater than it actually was. considerable discussion Manager Hyde proposed that a credit be given to Lot 4 in the amount of $230, as an equitable settlement. No other objections were registered, and Dickson's motion that assessment be approved, with a $230 credit against Lot 4, Block 2, South Harriet Park, was seconded by Tupa and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). Total As.ses,sable Cqst was give-n as It was After some 14, PUBLIC MARING ON PROPOSED ASSESmNT FOR WATERMAIN IMPROVEMENT NO. 144 - IN HALIFAX LANE FROM W.54TH ST. TO 320 FT. SOUTH. ASSESSABLE COST was read as $2,138.16, proposed to be assessed against 6 Connections, for $356.36 p.er Connection, as compared with $592.79 Improvement Hearing Estimate. It is also proposed to finance this improvement from the Waterworks Fund temporarily, deferring the proposed assessment for a mximum of five years, adding capitalized whichever is sooner) bo the Principal amount. and Tupa moved for approval of the assessment as proposed. Dickson and unanimously carried. Assessment). , interest at the rate of 6% from the date of connection (or mandatory assessment- No objections were registered, Motion seconded by (See Resolution of later in Meeting, Levying 15. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERMATN XMF'ROVEMENT Nd. 145 - IN DALE AVE, FROM GROVE ST. TO BENTON AVE.: BENTON AVE. FROM DAM AVE. TO 'BERNARD PLACE. Total Assessable Cost was read as $5,945.40, proposed to be assessed against twelve connections at $494.95, as compared with $578.42 Improvement Hearing Estimate. No objections were registered, and Dickson moved €or approval of assessment as proposed. Motion seconded by VanValkenburg and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). 16. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 148 - IN BENTON AVE. FROM TRACY AVE, TO CRESCENT DRIVE. Total Assessable Cost was read as $14,835.20, proposed to be assessed against 19 connections, for $780.30 per Connection as compared with Improvement Hearing Estimate of $987.38. made. carried. (See Resolution of later in Meeting, Levying Assessment). No objections Beim's motion for approval of assessment was seconded by Tupa and unanimously 17. PUBLIC HEARIEG ON PROPOSED ASSESSMENT FOR WATERMAIN IIIPROVENENT NO. 146 - IN PEACEDALE AVE. FRO31 W .62ND ST. TO W,64TH ST. : TJ. 64TH ST. FROM PEACEDALE AVE. TO HALIFAX AVE.: HALIFAX AVE. FROMTJ.64TH ST. TO S. LINE OF R.H.PETERSON'S 2ND ADDN. Total Assessable Cost read as $18,112.36, proposed to be-assessed against 46 connections for $392.91 per Connections as compared with $483.20 Improvement Hearing Estimate. No objections registered. Tupa's motion for approval of assessment was seconded by Dickson and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). 18. PUBLIC HEARING ON PROPOSED ASSESSENT FOR IJATERIlAIN IMPROVEMENT NO. 150 - IN BROOKVIEW AVE. FROM W.61ST ST. TO W.62ND ST,: W. 61ST ST. FRON BROOKVIEW AVE, TO 0AKw.M AVE. against 18 connections for $706.51 per Oonnection as compared with Improvement Hearing Estimate of $716.57. No objections registered. Dickson's motion for approval of assessment was seconded by VanValkenburg and unanimously carried. (See Resolution of later in Meeting, Levying Assessment). Total Assessable Cost read as $12,726.18, proposed to be assessed 19. PUBLIC HEARING ON PROPOSED ASSESSENT FOR SANITARY SEWER IMPROVEMENT NO, 173 - INWARDEN AVE. FROM TRACY AVE. TO JOHNSON DRIVE. Total Assessable Cost read as $4,636.89, proposed to be assessed against nine connections for $514.71 per Connection as compared with Improvement Hearing Estimate of $533.00. objections registered. Beim's motion approving assessment was seconded by Tupa and unanimously carried. (See Resolution of later in Meeting, Levying Assessment)& No 20. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 174 - IN TRACY AVE, FROM A PT. 15 FT. S, OF N. LINE OF LOT 1, BL. 2, LYLE 3RD ADDN. AND EXTENDIhY; SLY TO EXISTIhG MANHOLE APPROX. 42 FT. S, OF W.59TH ST, Total Assessable Cost was read as $5,221.44, proposed to be assessed against six connections for $869.74 per Connection as compared with Improvement Hearing Estimate of $920,00. Meeting, Levying Assessment). No objections registered. (See Resolution of later in 21. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR SIDEWALK IMPROVEMENT NO. S-2 IN FRANCE AVE, FROM W.49TH ST. TO APPROX, 167 FT. S, AND IN T.J.49TH ST. FR(3M FRANCE AVE. TO APPROX. 145 FT. W. Total Assessable Cost was read as $876.66, proposed to be assessed against one parcel, as compared with Improvement Hearing Estimate of $1,399.09. No objections registered. Dickson's motion approving proposed assessment was seconded by VanValkenburg and unanimously carried. Dickson then offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR SANITARY SEWER IMPROVEMENTS NOS. 173 & 174; WATERMAIN IMPROVEMENTS NOS, 144,145,146,148,149,150; STREET IMPROVEMENTS NOS. A-127 & A-129; B-68; BA-7, BA-14, BA-16, BA-17, BA-19, BA-23, BA-25; AND SIDEWALK IMPROVEMENT NO. S-2 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: It is hereby found, determined and declared that the proposed assess- ments for SANITARY SEWER IMPROVEMENTS NOS. 173 AND 174; WATERMAIN IMPROVEMENTS 1. NOS. 144, 145, 146, 149, 149 AND 150; STREET IMPROVEMENTS NOS, A-129 AND A-129, Bo682 BA-7, BA-14, BA-16, BA-17, BA-1.9, BA-23, AND BA-25; AND SIDEWALK IMPROVE- MENT NO. S-2, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law, that this Council would 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 sespective assessments was and is specially benefited by the construction of the improvement €or which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land respectively. 41iOlbl 2. The amounts so set out are hereby levied against the respective lots,~~ pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special special assessments for said improvements respectively. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment for STREET IMPROVEMENTS NOS. A-127, A-129 AND B-68, AND SIDEWALK IMPROVEMENT NO. S-2 shall be payable in equal consdecutive annual installments extending over a period of five years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1962, to be payable with the general taxes for the year 1961, 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 year 1962 through 1965, collectible in the respective ensuing years. NOS. 173 AND 174; WATERMAIN IMPROVEMENTS NOS. 145, 146, 148, 149 AND 150; STREET IMPROVEMENTS NOS. BA-7, BA-14, BA-16, BA-17, BA-19, BA-23 AND BA-25 shall be payalbe in equal consecutive annual installments extending over a period of ten years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1962, to be payable with the general taxes for the year 1961, 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 1962 through 1970, collectible in the respective ensuing years. to be the Principal amount plus 6% Capitalized Interest from this date until such time as the assessment is actually levied, shall be deferred for five years from this date, or until kater connections are made to the individual affected properties from said Watermain Improvement No. 144 (whichever is sooner); and shall then be payable in equal consecutive annual installments for the period between the levy of the deferred assessment and 1970, inclusive. said installments, together with interest on the entire assessment from the date of levy to December 31 of the next year, to be payable with the general taxes for the year in which said levy is made, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for each of the succeeding years through 1970, collectible in the respective ensuing years. owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer,he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor. 4. The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of'the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law; except that the assessment roll for WATERMAIN IMPROVEMENT NO. 144 shall not be transmitted until such time as the deferment of said assessment has expired. shall be designated 173 AND 174; WATERMAIN IMPROVEMENTS NOS. 145,146,148,149,150; STREET IMPROVEMENTS AND SIDEWATX IMPROVEMENT NO. S-2; and all amounts collected in respect of the assessments contained therein shall be similarly'designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the IMPROVEMENT BOND REDEMPTION FUND. The total amount of each such assessment for SANITARY SEWER IMPROVEMENTS The assessment for WATERMAIN IMPROVEMENT NO. 144, which is hereby determined The first of 3. Prior to certification of the assessment to the County Auditor, the to the County Auditor Said duplicate as the ASSESSMENT ROLL FOR SANITARY SEWER IMPROVEMENTS NOS. NOS. A-$27 AND 129; B-68; BA-7, BA-14, BA-16, BA-17, BA-19, BA-23 AND BA-25; Motion for adoption of the Resolution was were five ayes and no nays, as follows: d on Rollcall there lkenburg, aye; and Bredesen, aye; REPLAT OF LOT 4, JONAS ADDITION IS QUESTIONABLE. Mr. Harry Jonas, 4835 Valley View Road, came before theTCouncil to ask consideration for a replat of Lot 4, Jonas Addition into one lot containing his dwelling and garage, and another lot of 75Ix107' facing Normandale Road; this last parcel being below minimum require- ments for area. taking of 11,000 Square Feet of said Lot 4 is the cause of this lot's being under minimum area. abutting this property was turned down by owners; that unless utility is installed the lot under consideration would be far below requirement. Mr. Jonas told Council that the property owners South of his lot now intend to move their houses back and want sewer. It was noted that the Minnesota Highway Department's proposed It was noted that a Council proposition for Sanitary Sewer With the consent of the Council, and 4/ 16/6 1 22 on the Council's behalf, Hayor Bredesen informed Mr. Jonas that, while the Council can commit itself for only the balance of this year, consideration cannot be given to granting a variance for the platting of a lot of this size unless a sanitary sewer is installed; that if sanitary sewer is installed and other pertinent factors are favorable the Council will give its consideration require 9,000 Sq. Ft. of area with sewer; 12,000 8q. Ft. without sewer. WEST WOODLAND ROAD STORM SEWER TO BE RECONSIDERED. to hear discussion on the proposed West Woodland Road Storm Sewer. Hyde reported that, after an additional meeting on the ground, as recommended by Council, the Village Engineers still recommend construction of storm sewer. One of the delegation suggested that Storm Sewer be ordered in at once, but Council felt that a new Public Hearing should be had to obtain all opinions first hand, and Beim offered the following Resolution and moved its adoption: PROPOSED STORM SEWER IMPROVEMENT BE IT RESOLVED by the Council of the Village of Edinai report as to the feasibility of the proposed Storm Sewer Improvement described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. the Edina Village Hall, to consider in interested in said proposed improvement. time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: . ~ to such proposed variance from platting regulations. Platting Regulations A delegation was present Manager RESOLUTION PROVIDING FOR PUBLIC HEARING , 1. The Village Engineer, having submitted to the Council a preliminary 2. This Council shall meet on Monday, April 24, 1961, at 7:OO P.M., in public hearing the views of all persons 3. The Clerk is hereby authorized and directed to cause notice of the NOTICE OF PUBLIC HEARING ON PROPOSED STORM SMR IMPROVEMENT EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 24, 1961, at 7:OO P.M., to consider the following proposed improvement, to-be con- structed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvement is estimated by the Village Engineer as set forth below: CONSTRUCTION OF STORM SEWER AND APPURTENANCES ESTIMATED COST IN THE FOLLOWING: 1. On W. Woodland Road from Wooddale Ave. to 281' West; on easement line between Lots 3 & 4, Block 1, Paul l?ind Christopher 2nd Addn., from TJ. Woodland Road to 205.35' N., thenl?. along easement line 193'. $10 , 409.03 The area proposed to be assessed for the cost of the Storm Sewer includes all lots and tracts of land within the following described boundaries: Christopher 2nd Addn., said pt. being 55' N. of the SE Cor. thereof; th. W. parallel to the N. line of W. Woodland Rd. to the W. line of Lot 9, B1. 1, Paul Bind Christopher Addn.; th. Nwly to a pt. on the N. property line of Lot 8, B1. 1, Paul Wind Christopher Addn., said pt. being 55' E. of the N? Cor. of said lot; th. Nwly to a pt. in Lot 7, B1. 1, Paul Wind Christopher thereof; th. E. parallel to and 40' S: of the S. line of Tower St. to a pt. 50' W. of the E. line of Lot 1, B1. 1, Paulmind Christopher Addn., th. S: and parallel to Wooddale Ave. a dist. of 75'; th.'V. parallel to Tower St. a dist. of 30'; th. S. and parallel to Wooddale Ave. 150'; th. SWly to pt. of beginning. It "Commencing at a pt. on the E. property line of Lot 3, B1. 1, Paul Wind - Addn., said pt. being 40' S. of the N. line and 40' E. of the W. line Motion for adoption Dickson, and on Rollcall there were five ayes and Dickson, aye; Tupa, aye; VanValkenburg, aye; Village Clerk CONTRACTS FOR GASOLINE AND DIESEL FUEL (YEAR'S SUPPLY) AlJARDED. Advertisement for Bids published in Edina-Morningside Courier and Construction Bulletin on March 30 and April 6, six bids for Gasoline and six bids for 2D Diesel Fuel were received and opened this date at 11:OO A.M. Tabulation 05 bids, presented by Manager, showed Erickson Petroleum Corporation to be low bidder on Gasoline, with $.04174 for ltRegulartr and g.06424 for "Premiumtr, above Wall Street Journal's published market quotation. Next low bidder on "Regular" was Midwest Oil CO. with $.0459, and on "Premiumt', Sinclair Refining Co. with. S.0674. so moved. Sinclair Refining Co., and, pursuant to Manager's recommendation, VanValkenburg moved for award to them. Pursuant to Manager's recommendation was for #a award to low bidder, and VanValkenburg Motion seconded by Tupa and carried. Low bidder for 2D Diesel Fuel was Motion seconded by Tupa and carried. . 41 16/61 23 .c*? i ,i ACTION ON BIDS FOR'CHEMICALS FOR WATER SUPPLY. SAND, BITUMINOUS MATERIALS AND ROCK DELAYED TO APRIL 24. Manager Hyde reported that, pursuant to Advertisement for Bids published in Edina-Morningside Courier March 30 and April 6, 1961, bids had been opened today at 11:OO A.M., but that, because of the complexity of some of the bids, it has as yet been impossible to fully tabulate them. that action on these bids be delayed to April 24, for further study, and Beim so moved. He asked Motion seconded by Dickson and carried. IMPROVEMENT PETITIONS ACCEPTED. submitted by Clerk, and by motion Beim, seconded by Dickson and carried, were accepted and referred to Village Engineer for programming: The following Improvement Petitions were 1. Sanitary Sewer - Parnell and Virginia Aves., W.64th St. to 8.66th St. 2. Watermain - Parnell and Virginia Aves., W.64th St. to F?.66th St. 3. Grading and Graveling - Parnell and Virginia Aves., W.64th St. to N.66th St 4. Oiling - Galway Drive, W.66th St. to W.68th St. PETITION FOR STREET NAME CHANGE - HANKERSON AVENUE TO "COVENTRY ROAD" FILED. HEARING SCHEDULED. petition for May 22, 1961, at 7:OO P.M., was seconded by Beim and carried. Tupa's motion scheduling Public Hearing on the above ORDINANCE NO. 27 - "AN ORDINANCE REGULATING AND REQUIRING THE LICENSING OF KART TRACKS AND PROVIDING A PENALTY", HAS FIRST READING. was read and discussed at some length by Council; and Dickson's motion accepting First Reading of Ordinance and scheduling second reading thereof for Monday, April 24, was seconded by VanValkenburg and unanimously carried. The above entitled Ordinance ORDINANCE NO. 149 - "AN ORDINANCE TO PROMOTE PUBLIC HEALTH. ESTABLISHING AND REQUIRING COMPLIANCE WITH MINIMUM STANDARDS OF HOUSING AND HOUSING EQUIPMENT, AND PRESCRIBING PENALTIES" HAS FIRST READING. After considerable reviewe of the provisions of this Ordinance, Tupa moved that First Reading of Ordinance be accepted, and that Second Reading be scheduled for Monday, April 24. Motion seconded by Dickson and carried. PUBLIC HEARINGS/CANCELLED ON PROPOSED STREET SURFACING AND CURB FOR SEVERAL STREETS. requested additional time to prepare plans and cost figures for Street Surfacing and Curbing on the several streets contiguous to the "Area C" program approved at the March 27th Meeting. Hearing on its own motion on these additional streets for a date looking to inclusion of this work in May 22nd bids, all as recorded on Page 7 of this Minute Book. Captain Gans' memo.also informed Mr. Hyde that he believed engineering data would be ready in time for an April 24th Hearing on Watermain and on Surfacing and Curb for Tingdale Avenue, W.6Oth St. to Benton (one of the streets considered). In addition to the memo, request was made at meeting for cancellation of immediate Public Hearings on proposed Street Surfacing and Curb, as called by Council's own motion, on Garrison Lane from St.Johns Avenue to Wooddale Avenue; Wooddale Avenue from Garrison Lane to Valley View Road, and West 63rd St. from Concord Avenue to Virginia Lane-- these three streets being contiguous to the "Area B" program approved Marclh 27. required data later in the summer, on all streets but W.63rd St.--that the Engineering Department recommends the Vacation, rather than the Improvement . of thi's short street, because Crosstown Service Drive will be located within about 1/2 block of it and it will be unnecessary for traffic. motion, that Public Hearings called.on Council's own motion for Street Surfacing and Curb on the following Streets be cancelled temporarily and until such time as the Engineering Department can prepare the required data was seconded by Dickson and unanimously carried: 1. W.59th St., Code Ave. to Tingdale Ave. 2. W.58th St., Code to Tingdale. 3. Code Ave., Benton Ave. to Grove St. 4. Grove St., Melody Lane to Bernard Place. 5. Dale Ave., Benton Ave. to Grove St. 6. Garrison Lane, St.Johns Ave. to Wooddale Ave. 7. Wooddale Ave. from Garrison Lane to Valley View Road. TEMPaRABIEY In a written memorandum to Manager Hyde, Public Works Director Gans Council had scheduled Public Captain Gans told Council that it may be possible to have the VanValkenburg's VACATION OF W.63RD ST. FROM CONCORD AVENUE TO VIRGINIA AVENUE TO BE CONSIDERED IN PUBLIC HEARING MAY 22. Pursuant to Engineering Department's recommendation set forth in the paragraph immediately preceding, VanValkenburg moved that Public Hearing on proposed Street Surfacing and Curb Improvement for W.63rd St. from Concord Avenue to Virginia Avenue be cancelled; and that Council conduct a Public Hearing on May 22, on the proposed Vacation of said street. deconded by Dickson and unanimously carried. Motion 24 , ,ASETCROFT LANE FROM ST..TOHNS AVE. 'TO W-i LINE OF MILLER'S ADDITION TO BE ELXMTNA!T!I?b PROM "AREA 'B" STWET XMPROVl3MENT. of Mr. L. E. Rastofer, 6217 St.Johns Avenue, against improving Ashcroft Lane between St.Johns Ave. and the West line of Niller's Addition---a stretch of about 150 feet-- inasmuch as this street extends directly into Garrison Lane, which is not proposed for street improvement at this time. After review of the location, it was concensus of opinion that Mr. Rastofer's complaint is justified; and Beim's motion for elimination from proposed "Street Improvement for Areas B and B Supplement" of that small stretch of street hereinbefore described was seconded by Tupa and carried. Engineer Zikan reported to Council the complaint STREET N&E CHANGE--AEHCROFT LANE, BETWEEN ST.JOHNS AVE. AND W. LINE OF MILLER'S ATIDN.. TO "GARRISON LANE"--TO BE CONSIDERED IN PUBLIC HEARING MAY 22. discussion on proposed street improvement for Ashcroft Lane, Mr. Zikan informed Council that Mr. Rastofer had been unaware that Council considered improvement of the street abutting his property, because this street is known as "Garrison Lane". motion for change of street name to Garrison Lane, to eliminate further confusion. Tupa's motion, scheduling Public Hearing on Street Name Change, in accordance with Engineer's recommendation, was seconded by Beirn and unanimously carried. During to the neighborhood Mr. Zikan recommended that Council call hearing on its own PUBLIC HEARINGS SCHEDULED FOR APRIL 24, ON PROPOSED IMPROVEMENTS. Pursuant to discussions on Public Works Planning for the year 1961, Dickson offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS PROPOSED WATERMAIN, STREET SUWACING AND CURB AND GUTTER IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina: 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Improvements described in the Form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, April 24, 1961, at 7:OO P.M., in the Ecina Village Hall, to consider in public hearings the views of all persons interested in said proposed improvements. place and purpose of said meeting to be published in the official newspaper onee a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub- stantially the following form: . 3. The Clerk is hereby authorized and directed to cause notice of the time, . NOTICE OF PUBLIC HEARINGS ON WATERMAIN, CONCRETE CURB AND GUTTER AND PERMANENT STREET SURFACING AND CURBING IMPROVEMENTS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, April 24, 1961, at 7:OO p.m., to consider the following proposed improvements to be con- structed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approximate cost of said improvements is estimated by the Village Engineer as set forth below: ESTIMATED COST A. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREET: 1. Tingdale Ave. fromW.6Oth St. to Benton Ave. $5,747.28 STREETS: 1. Oaklawn Ave. from W.58th St. to W.59th St. $5,539.51 2. Brookview Ave. fromW.6lst St. to W.62nd St. $4,032.70 3, Kent Ave. from -.No. 100 to W.56th St. $11,851.85 4. Woodcrest Dr. fromH. Line of Shady Pines Addn. to S. line of Shady Pines Addn. (West Side Only) $1,479.35 B. CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWIPC-Y; C. CONSTRUCTION OF PERMANENT STREET SURFACING IN THE FOLLOWING STREETS : 1, Alley between Xerxes Ave. and York Ave. and between W.54th St. and W.55th St. $3,803.36 2. Alley between Hankerson Ave. and William Ave. and between W.5lst St. and W.5Znd St. $3,814.67 3. Park Place fromW.54th St. to W.55th St. $12,751.48 1. Tower St. from Wooddale Ave. to St.Johns Ave. $9,902.33 2. Halifax Lane fromW.54th St. to Woodland Circle $18,259.16 , 3. Abbott Ave. from W.6Oth St. to V.62nd St. $20,790 .OO 4. West Shore Drive fromW.66th St. to Laguna Dr.; Laguna Dr. from West Shore Dr. east to exist. blacktop$22,364.50 5. Westwood Court from Schaefer Rd. to Schaefer Rd. $23,793.09 6. Kellogg Ave. from W.52nd St. to W.56th St. $55,295.93 D. CONSTRUCTION OF PERMANENT STREET SURFACING AND CURBING IN THE FOLLWING STREETS: I 4/ 10/6 I 25 M m 7. 8. 9, 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Wycliffe Rd. from Grove St. to N. end of Subd.; Merold Dr. from Grove St. to Wycliffe Rd.; Grove St. from Wycliffe Rd. to Olinger Rd. Larkspur Lane from my.#lOO to Trillium Lane; Aspasia Lane from Hwy . #lo0 to Larkspur Lane ; Trillium Lane from Hwy.S'f100 to Larkspure Lane; Lantana Lane from Hwy.#lOO to Trillium Lane Tingdale Ave. fromW.6Oth St. to Benton Ave. Warren Ave. fromW.63rd St. to W.64th St. Hibiscus Ave. from Hwy.#lOO to 140' E. of West Shore Dr. Trillium Lane from Hibiscus Lane to Larkspur Lane; Monardo Lane from Hibiscus Lane to Trillium,Lane; Phlox Lane from Hibiscus Lane to and incl. turn-round Tyler Court fromMaloney Ave. to cul-de-sac W.65th St. from France Ave. to Valley View Rd. Valley View Rd. in Scotland Heights Addn. Virginia Lane from Concord Ave. to Ashcroft Ave. Wilryan Ave. from W.63rd St. to W.64th St. Chapel Dr. from Antrim Rd. to Chapel Lane; Balfanz Rd. from West Shore Drive to W. line of St.Johns Ave. from Tower St. to West Woodland Rd. Chapel Lane from Chapel Dr. to Valley View Rd. Creston Hills Addn. (existing blacktop) $70 , 436.52 @a, 198.99 $11,262.30 $15,756.05 '9 $69,739.56 $7 , 683.3 1 $18,710.07 $3,39 8.03 $3 , 273.23 $16,953.55 $23 , 677.73 $3 , 0 13.36 $6 , 100.08 The areas proposed to be assessed for the cost of proposed improvements under A-1 includes Lots 2 and 3, Block 3, Benton Park, and Lots 1, 2 and 3, Donna Ridge; ' For B-1 thru 4 incl., C-1 thru 3, incl., and D-1 thru 19, incl., all lots and tracts of land abutting the respective streets proposed to be improved. GRETCHEN S. ALDEN ' Village Clerk PEARCE PROPERTY ZONING--APPEAL FROM JUDGE WEEKS' DECISION DISCUSSED. The matter of Judge J.A. Weeks' "Findings of Fact and Conclusions of Law on Motion for Supplementary Relief", dated March 28, 1961, was discussed at some length. Manager Hyde was directed to contact other municipalities in this regard. DECISION AGAINST VILLAGE ON FRANCE AVENUE PAVING ASSESSMENT TO BE APPEALED. Hyde recommended appeal of Judge Anderson's decision that Village could assess nothing for paving; could assess for only curb and gutter, in the matter of assessmznt for widening, and installation of concrete paving and integral curb in France Avenue fromW.54th to approx. W.62nd St.; and after some discussion bjrrthe Council, B&im moved that appeal be.taken from this decision. carried. Manager Motion seconded by Diclcson and SAFETY TURN-OUT LANE FOR EDINA COUNTRY CLUB APPROVED: VILLAGE TO PAY 1/2 COST. Manager Hyde reported Edina Country Club President's request for a safety turn-out lane on W.5Oth St. from the east end of the old parking lot to the entrance of the new club house. Also presented were Chief Bennett's recommendation for such a lane about 100 feet long, and Captain Gans' estimate of cost of $1,100.00 for lane of stabilized base, asphalt concrete wearing surface and seal coat, and concrete curb and gutter. Mr. Hyde told Council that such construction would materially ease a bad traffic hazard, and recommended that cost be borne jointly by Village and Club. Council had discussion, and Beim moved that Village accept proposal and pay 1/2 cost of construction. COUNTY'S PROPOSAL FOR BRIDGE AT V.70TH ST. AND MN&S RAILROAD APPROVED IN PRINCIPLE. ManagerHyde reported County's proposal for new 30-fOOt roadway bridge over the MN&S Tracks at W.7Oth St., with Village, County, and Railroad Company each to pay 1/3 cost; also Captain Gans' recornendation that plan be approved providing a sidewalk four feet wide is provided on north side of bridge for pedestrian traffic. Council that estimate of cost of construction is $15,000 for each of the participating parties, and asked if Council would consider using State Aid Funds for its share of cost. will be presented by County at a later dafe), that Village agree to share in cost together with County and Railroad Company, and that State Aid Funds be used to finance Village share of cost, was seconded by Tupa and carried. Motion seconded by VanValkenburg and carried. Mr. Hyde told Beim!s motion that plan be approved in principle (actual construction plans CdW GBNkNATfON OF SANITARY SEWER EASEkENT ACROSS LOT 5, CASSIN'S OUTLOTS AUTHORIZED; It was reported that because of the development to the west of the Pearce Property (Lot 5, Cassin's Outlots) , it is becoming more and more urgent that the Village 3 secure an easement for Sanitary Sewer across this tract; that all negotiations have failed. do all things necessary to initiate condemnation proceedings for an easement for Sanitary Sewer , twenty feet wide, across Lot 5, Cassin's Outlots, along a line generally 600 feet North of and parallel to the North line of lJ.66th Street, the exact description thereof to be prepared by the .Village *Engineering Department seconded by Beim; and on Rollcall vote was unanimously carried, a$ follows: Beim, aye; Dickson, aye; Tupa, aye; VanValkenburg, aye; and,Bredesen, aye; VanValkenburg's motion, that the Mayor, Manager, and Village Attorney was CLAIMS PAID. dated April 10, 1961, was seco+ded by Tupa and carried: Construction Fund, $695.80; Park, Park Construction and Swim Pool, $824.48; Waterworks Fund, $304.23; Liquor Fund,. $32,429.50; and Poor Fund, $278.20-- Total, $49,615.21. SOUTHDALE ACRES REVISED PRELIMINARY ELAT INFOI~MALLY APPROVED SUBJECT TO PLANNING Beim's motion for payment of the following Claims, as per Pre-List General Fund, $15,083.00; \ COXMISSION'S APPROVAL. Preliminary Plat of Southdale Acres, explaining that opinion of Council is requested tonight because developers want to get Final Plat to Planning Connnission by April 1. He told Council that one stipulation for approval of this plat will be that if Commission or Council determines at a later datesthat it is necessary to have a connection from the Pearce property to the road as outlined in this plat, right of way necessary will be available to the Village at no cost. Although no formal action was taken, Council informally approved Revised Plat, subject to approval of Planning Commission. LIQUOR DELIVERY PERMITS RECOMMENbED BY MAYOR. the matter of Judge Hall's ruling against Edina in prohibiting liquor deliveries was discussed. permits to be obtained from the Village Hall before delivery. would discourage the delivery of liquor to minors, which is what the Council had attempted to do in its 'Inon-delivery" ordinance. had on this plan. Attorney Spencer informed Council that State Statute makes it mandatory that a signed receipt be taken when liquor is delivered. suggestions were taken under advisement. Planning Director Hite presented to Council the revised In discussing Liquor Store operations, Mayor Bredesen recommended a system of "liquor delivery permits", said He said he felt this Some considerable discussion was Mr. Bredesen's LIQUOR STORE CANNOT LEGALLY PERMIT CHARGE ACCOUNTS. is not legal for Municipal Liquor Stores to permit charge accounts; this report pursuant to recent instructions by Council for investigation on this matter. Manager Hyde reported that it PACKAGED CANDY OVER-COUNTER SUS not to be licensed under new food ordinance. Manager Hyde reported that attorneys have interpreted the newly adopted Food Ordinance to require no license for sales of packaged candy over the counter. Ruling had been requested by Gregg's Pharmacy, Edina Vhriety Store, and Ben Franklin Store. The Council's having covered this evening's agenda, Dickson moved for adjournment. Motion seconded by VanValkenburg and carried Adjournment at 1O:lO P.M. A Village Clerk