Loading...
HomeMy WebLinkAbout19610612_regular6/12/61 . MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE. COUNCIL; lil3LD MONDAY, 12, 1961, AT 7 $00 P.M., AT TGl3 BblNA VILLAGE HALL . Members answering Rollcall were Beim, Dickson, %pa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of the Council, held May 22, were.approved as submitted, by motion Tupa, seconded by Dickson and carried. COUNCIL TABLES- ASSESSMENT FOR STORM SEHER IMPROVEMENT NO. 50. (LATERAL 8 OF MAIN 1) PENDING ADDITIONAL COST INFORHATION. April 10, 1961 Hearing on Proposed Assessment for above entitled project.. Manager Hyde's written memorandum, dated June 8 group that an additional catch basin/&$ k%% &!%mgework has been done since April 10, that the Consulting Engineer has re-checked the drainage basin (assessable area). He suggested that, inasmuch as thhis is the first lateral to be assessed, and costs will be in later thhis fall, Council take no action until all costs (of Main 1 and related laterals) are in. Dickson's motion, that assessment for Storm Sewer No. 50 be tabled until all costs are in, was seconded by VanValkenburg and carried. Mayor Bredesen called for Continuation.of as r$vie:@ €~y Council, and Mr. Hyde told PUBLIC HEARPNG ON TO 'IJ.55TH STREET. a continuation of PROPOSED SURFACING AND CURB AND. GUTTER FOR Pm PLACE FROM W.54TH the April 24th Public Hearing, at-which time an estimate for Mayor Bredesen explained to the audience that thhis Hearing is Concrete Paving with Iniegral Curb na$ given, but the estimate for Bituminous Surface did not include the cost of curb and gutter. He gave as the Concrete Paving-Curb Estimate, $10.29 per assessable foot; as the Bituminous Surface-Concrgte Curb Estimate, $11.87; then amended Estimates on the basis of bids taken today, to $9.43 and $7.33 respectively, stating that Estimate for Bituminous Surface only, for the properties which already have concrete curb and gutter, is $4.53 per assess- able foot. Mr. Hyde reported the written objection of Mr. T. L. Todd, 5404 Park Place, who is not in favor of curb and gutter, and who would prefer to wait for surfacing until it can be done on a neighborhood-wide basis. Recommendation was for improvement by construction of Bituminous Surface with Concrete Curb and Gutter, and Dickson offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEWNT STREET IMPROVEMENT NO. BA-3s 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 thhe following proposed improvement : TO W.55TH ST. and at the hearing held at thhe time and place specified in said notice the Council has duly consi,dered the views of all persons ,interested, and being fully advised of the pertinent facts does hereby Getermine'to proceed with said iqrovement by construction of BITIRIINOUS SURFACE AND CONCRETE CURB AND GUTTER; that said improve= merit is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROWMEWT NO. BA-134, and the area to be specially assessed..therefor shall include all lots and tracts of land abutting the street proposed to be 5mpKoved. I PERMANENT SURFACING ANI, CONCRETE CURB AND GUTTER, PARK PLACE FROM J?.54TH ST. Motion for adoption of Resolution was seconded on Rollcall there were five ayes and no nays, as follows: e; Tupa, aye; enburg, aye; and Bredesen, aye; and t (Later in the evening a petition for Bituminous Surface and Concrete Curb and Gutter, signed by owners of nine residences on Park Place, was filed with Clerk). PUBLIC HEARIXG ON PROPOSED STREET IMPROVEMENT FOR I(EU0GG AVENUE FROM W,54TH ST, TO W.55TH ST. Mayor Bredesen explained that this Public Hearing is actually a continuation of the April 24th Hearing for Street Improvement in Kellogg Avenue between W.52nd and TJ.56th Street, at which time, at the request of the property owners, the 5200,5300 and 5500 blocks were eliminated from the proposed improvement. Estimates of Cost for the 5400 Block were given as follows: $10.20 per Assessable Foot €or Bituminous Surface Treatment with Concrete Curb and Gutter; $7.19 per Assessable Foot Bituminous Stabilized Base with Concrete Curb and Gutter, this last at a 28' width, which would eliminate the tearing up of driveways, bushes, etc. the same type of treatment it has had, Mr. Hyde replied that this is not being done, now; that the only other thing to be done is a dust coat of oil--which will not be satisfactory. Messrs. Moorhead and Adamson, and Mrs. Scott, objected to curb; one lady asked that the holes be fixed; Mr. Newline reviewed the matter of the curb and gutter petition, which was signed only because residents felt this was the only way to have the road repaired; and, when it became evident that residents could not agree on what they wanted, Mr. Adamson suggested that a committee from the neighborhood meet with the Village Engineer to work something out. by motion Dickson, seconded by VanValkenburg and carried, Hearing was continued to July 10, for neighborhood-engineer solution. Asked if the street can be resurfaced with This suggestion met with Council approval, and, &/ 12 /6 1 67 , ? PUBLIC HEARING ON PROPOSED SEAL COATING OF W.65TH STREET FROM EAST LOT LINE OF LOT 3, BLOCK 1, SOUTHDALE OFFICE PARK 2ND ADDITION TO FRANCE AVENUE. Affidaizit of Publication of "Notice of Hearing" ~7as presented by Clerk, approved as to form, and ordered placed on file. Pursuant to said Notice, Public Hearing was called on the above-entitled proposed improvement. Estimate of Cost for t e Seal Coat was given as $642.31, proposed to be assessed against Lots 1, Block Southdale Office Park, and Lots 3 and 4, Block 2, Southdale Office Park 2nd Addition, for $.70 per Assessable Foot. be included in Street Improvement No. BA-33. Southdale Management Company, asking that that portion of the cost of this work proposed to be assessed against Lot'4 and theWest 56.44 Ft. of Lot 3, Block 2, Southdale Office Park 2nd Addition be assessed againSt the remainder of Lot 3, said Block 2. No objections were regisfered to'the pfoposed improvemsnt, or to including it in Improvement No. BA-33, and Beim offered tihe following Resolution and moved its adoption: '1 It was reported that it had been requested that this improvement Clerk submitted letter from RESOLUTION WNDING APRIL 24, 1961'RESOLUTION ORDERING STREET IMPROVEMENT NO. BA-33 BE IT RESOLVED by the council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on'the follow- ing proposed improvements: 1. CONSTRUCTION OF PERMANENT SURFACE AND CURBING IN iJ.65TH STREET FROM FRANCE AVENUE TO VALLEY VIEW ROAD: and 2. SEAL COATING OF 'GJ.65'TH STREET FROM EAST LOT LINE OF LOT 3, BLOCK 1, SOUTHDALE OFFICE PARK 2ND ADDITION TO FWCE AVENUE and at the hearings held at the times 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 amend the "Resolution Ordering Street Improvement--Street Improvement No. BA-33, adopted by this Council April 24, 1961, as follows: Street Improvement No. BA-33 shall consist of the C6provement of W.65th Street by Construction of Bituminous Surface Treatment and Concrete Curb and Gutter from France Avenue to Valley View Road, and by Seal Coating from the East6Lot Line of Lot 3,'Block 1, Southdale Office Park 2nd Addition, to France Avenue. all rots and tracts of rand abutting the street proposed to be improved, being more "specifically Lots 1',2 and 3, Brock 1, and Lots 1 and 2, Block 2, Southdale Office Park 2nd Addition for Construction of Bituminous Surface Treatment and Concrete Curb and Gut'ter; Lots 3 and 4, Block 2, for Concrete Curb and Gutter ' only; and Lot 1, Block 1, Southdale Off'ice Park Addition, and Ldt'3, Block 2, except the East'56.44 Ft. thereof, Southdale Office Park 2nd Addition, for Seal Coat. A. B. The area proposed to be assessed for said Improvement shall include I Motion for adoption of Resolutibn was were five ayes and no nays,- a's Tupa, and on Rollcdll there ; Dickson, ayemupa, aye;' I Village Clerk PUBLIC HEARING ON PROPOSED STORM SEWER FOR BEST WOODLAND ROAD AREA BETWEEN WOODDALE AVENUE AND CONCORD AVENUE. Affidavit of Publication of "Notice of Hearing" vas presented by Clerk, approved as to form and ordered placed on file. said Notice, Public Hearing was called on a proposed combination of STORM SEWER NO. 59 (as approved at the April 24, 1961 Meeting) and a westerly extension thereof, to serve, gpnerally, the block between SF.Johns and Concord Avenues along Vest Woodland Road. $29,050.56, proposed to be assessed against 329,200 Sq. Ft. fr$ $.088 per Sq.Ft. Mr. Vinston Hurd, 4617 Tower St.., headed a delegation of property owners objecting, and presented a petition in protest, signed by owners of the majority of the owners in the "extension" area proposed to be assessed--which petition included, several of those who had.originally asked the Village for relief--Messrs. Hansen, Blackmar and Fisher--and, after some considerable explanation by Public Works Director Gans, and subsequent reiterations by objecting petitioners that - 1. They do not want the improvement; 2. The improvement won't benefit them; 3. Improvement 17on't help their wet basements because homes are built over underground springs; 4. They should not have to pay for improvement because water problem was caused by a contractor's removing too much dirt - Manager Hyde recommended that the proposed storm sewer "extension" be dropped-and Storm Sewer No, 59 be re-approved as originally ordered. .Tups so.moved. MotSon secopded by Beim and carried. Mr. Val Parker, a property owner in Storm Sewer No. 29 assessable area, objected vehemently against this improvement, buf Council took no further action. Pursuant go Vu-Graph Slide was shown, and Estimate of Cost was given as 6.8 3 6/12/61 CONTINUATION OF APRIL 24, 1961 PUBLIC IkARINGS ON PROPOSED STREET SURFACING M CUIBING FOR SEVERAL SmETS AND ALLEYS: Pursuant to Notice given to property i- owners at the Councilbieeting of Apkil 24, 1961--that this Council would meet this evening'to determine the type-of surfacing to be used for the street improvements ordered in on April 24, Public Hearings on these improvements were continued forthwith, being for the following: PEIRMAI?ENT SURFACING AND CURB FOR! Larkspur Lane from Hwy.#lOO to Trillium Lane, Aspasfa Lane from Hwy.#lOO to Larkspur Lane, Trillium Lane from 'tlwy.8100 to Larkspur Lane, Lantana Lane from Hwy.#lOO to TrilliGm Lane; Tower St. from Wooddale Ave. to St . Johns Ave., Halifax Lane from 11.54th St. to Tdoodland Circle, Abbott Ave. from W.6Oth St, to W.62nd St., West Shore Drive from W.66th St. to Laguna Drive, Laguna Drive from West Shore Dr., east to existing blacktop, Tyler Court fromMaloney Ave. to Cul-de-sac, Chapel Drive from Antrim Rd. to Chapel Lane, Chapel Lane from Chapel Drive towValley View Road, Balvanz Rd. from West Shore Drive to Nest line of Creston Hills Addn., St.Johns Ave. from Tower St. to West Woodland Road, West Wood Court from Schaefer Rd. to Schaefer Rd., Alley between York and Xerxes Avenues and between W.54th and TJ.55th Streets; Alley between Hankerson and i;lilliam Avenues and betwe& 51.5lst and W.52nd 'Streets Hanager Hyde reported that the bids received today by Bituminous Surface contractors carried lower unit prices than those received May 22; that concrete paving bids were higher than those received at the last letting; that revised Estimates of Cost, based on low bids taken today are as follows: BITUMINOUS SURFACE CONCRETE PAVING & CONCR. CURB & WITH INTEGRAL L AND PERMANENT SURFACE ONLY, FOR: GUTTER CURB Westwood Court , $6.03 $8 . 17 For all streets on the above list except For Wes twood Court (which needs special base) For Alley between Xerxes and York, 54th to 55th St. 1.31 3.30 For Alley between Hankerson, 51st to 52nd St. 1.27 3.28 These costs,he told audience, are respective rtassessable costs", and include the "Village-share" insofar as the concrete paving is concerned. Messrs. C.H. Kroning, 6104 Abbott; J.A. Lindsey, 6008 Chapel Drive; William H. Gallup,4809 Trillium Lane (who reminded Council petition had been for Concrete Paving in Lake Edina Addition), spoke in favor of the C6ncrete' Paving with Ineggral Curb, even at the Bigger cost. Messrs. Ronald Swanson, 6013 Chapel Drive; J.E. Boran, developer of Chapel Hill Addn.; a representative for Halifax Lane; and Mr, E.C. Stow, developer of Lake Edina Addition, spoke for Bituminous Surface with Concrete Curb and Gutter. with some of these peopl'e advocating Bituminous Surface only, without curb and gutter, if this could be had. in favor of Concrete is Mr, Lindsey (there are 24 lots on street). policy of assessing corner lots &or full side street improvements was reviewed, with Council telling property owners that if they could get full agreement from their respective groups,iiethod of assessment could be changed. $6.00 per assessable foot for Bituminous Surface with Concrete Curb and Gutter; $9.00 (including Village-share) for Concrete Paving withh Integral Curb; and Mayor Bredesen told audience he, himself, thinks thhat the Bituminous Surface and Concrete Curb and Gutter is the better buy at these prices. Mr. Beim, agreeing withlir. Bredesen, offered the following Resolution and moved its adoption: 7.33 (No bid because does not (BIT.SURF.) have utilities) I Mr. Swanson told Council that the only property owner on Chapel Drive Some questions were put to Council as to method of assessment, and the present Trustee Tupa pointed out that the cost to the taxpayer would be approximately .. * RESOLUTION ORDERING IMPROVEMENTS STREET IMPROVEMENTS BA-35, A-149, A-150 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows: 1. on the following: STREETS : This Council has heretofore caused to be duly published notice of public hearings A. PROPOSED CONSTRUCTION OF SURFACING AND CURB IMPROVDENT ON THE FOLLOWING Larkspur Lane from hy.jY100 to Trillium Lane, Aspasia Lane from Hwy.#lOO to Larkspur Lane, Trillium Lane from Hwy #IO0 to Larkspur Lane, Lantana Lane from Hwy #lo0 to Trillium Lane, Tower Str from Wooddale Ave. to St.Johns Ave., - Halifax Lane froml7.54th St. to Woodland Circle. Abbott Ave. from N.6Oth St. to W.62nd St., *West Shore Drive from W.66th St. to Laguna Drive, Laguna Drive from West Shore Drive east to existing blacktop, Tyler Court fromMaloney Ave. to cul-de-sac, Chapel Drive from Antrim Rd. to Chapel Lane, Chapel Lane from Chapel Drive to Valley View Road, I 1 6/12/61 I. 69 Balfanz Rd. fromVest Shore Drive to West line of Creston Hills Addn. St. Johns Ave. from Tower St. to West l.Joodland*Road, Westwood Court from Schaefer Rd. to Schaefer Rd. Alley between York and Xerxes Avenues and between W.54th and ‘N.55th Alley between Hankerson and William Avenues and between W.5lst and The hearings on said improvements having been held, and the views of all (existing blackthp), B, PROPOSED SURFACING OF: 1. 2. Streets W.52nd Streets. * 2, persons interested having been considered, and being €ully advised of thi? pertinent facts, said improvements, consisting of BITUMINOUS SURFACING AND CONCRETE CURB AND GUTTER for’all streets, and of BITUMINOUS SUaACING f& each of the two alleys hereinbefore listed, are hereby ordered to be constructed and are hereby designated and shall hereinafter be referred to as follows: BITUMINOUS SURFACING AND CONCRETE CURB AND GUTTER FOR ALL STREETS HEREINBEFORE LISTED Street Improvement No. BA-35 BITLJMINOUS SURFACING of Alley between‘york and Xerxes Avenue and between B.54th and W,55th Sts. Street Improvement No. A-149 BITUMINOUS SURFACING ‘of Alley between William and Hankerson Avenues and between W.5lst and B.52nd Sts, Street Improvement No. A-150 3. lots and tracts of land abutting the streets and respective alleys to be so improved and benefited by said.improvements. The areas to be specisilly assessed for said improvements shall include all Motion for adoption of the Resolution was seco there were five ayes and no nays, as follow lkenburg, ay6; and Bredesen, aye; an CONTRACT AWARDED FOR STREET IMPROVEMENTS NOS, BA-33, BA-34, BA-35, A-149, A-150. Manager Hyde presented Tabulation of Bids taken today, in response to Advertisement for Bids published in Edina-Morningside ’Courier Ma$ 18 and ‘25, and June 1, *1961; bids being as follows: * BITUMINOUS SURFACE TREATMENT WITH CONCRETE CURB AND GUTTER: $134,350.68 $138 , 476.15 $141,495.19 Riegger Roadways , Inc. Black Top Service Co. Craig J. Alexander CONCRETE PAVING FJITH INTEGRAL CURB FOR STREET IMPROVEMENT TYLER COURT, WESTWOOD COURT: AND A-149, ’A-150 $163,027.75 $169 , 23’6 .OO Arcon Construction Co. Woodrich Const. Co. ’ Barton Contracting Co”. $172,315-85 $175 , 378.15 $200,830 .*07 McCree and Co. Aslibach Const. Go. * NO. BA-35 LESS Dickson‘s motion, awarding Contract for Street Improvements ’Nos. BA-33 ,- BA-34, BA-35, A-149 and A-150 to low b’idder on’ BITUIdINOUS SURFACE TREATMENT WfTH CONCRETE CURB AND GUTTER, at $134,350.68, was seconded by VanValkenburg and carried. CONTRACT AWARDED FOR STREET IMPROVEMENTS NOS, B-’70, B-71, B-72 AND B-73. Hyde presented Tabulation of Bids, taken today, in response to Advertisement for Bids published in Edina-Morningside Courier and Construction Bulletin May 18 and 25, and June 1, 1961. Three bids were received, being Arcon Construction Co. at $11,190.20; Victor, Carlson Sr Sons, Inc., at $11,944.80, and Black Top Service Co. at $12,936.60. motion for award of contract to Arcon-Construction Co. at $11,190.20 was seconded by Beim and carried. Manager Recommendation was for award of contract to low bidder, and Tupa’s 400 BLOCK ON JEFFERSON TO BE RE-OILED AT NO EXPENSE TO RESIDENTS. 404 Jefferson Avenue, led a delegation objecting to ‘the recent action of the Village Public Works crew in scarifying their oiled street. They claimed that the oiled surface was 90-95% good, that they were happy with it, and that ”only one complaint” had occasioned the work; that they deserved prior warning of village intent. attentionto, the village right to scarify the street if the surface becomes rough; that it is felt that the patching of oiled streets is expensive and does no permanent good. wanted no repair and had been happy with the street as it was. Mayor Bredesen suggested that the street be re-oiled at no expense to the residents, with the understanding that their be no maintenance on it, and Dickson so moved. seconded by Tupa and carried. Mr. W.W. Roepke, * Manager Hyde explained that the oil petition calls property owner’s Residents were adamant in their contention that they had Motion 6112161 Le EDINA SECOM) ADDITION STREET SURFACING DISCUSSED. Durihg the Public Hearing on Street Improvement No. BA-35 Council was questioned by a property owner on the matter of surfacing Lake Edina Second Addition Streets (wfiich was originally intended to be a part of said improvemelit). to the Public Hearing of April 24, letters had been written to both the deireloper and the bonding com$any, explaining matters (bond requires street surfacilig by February 1, 1962); that bonding company has acknowledged village communication but there has-been no answer from the developer. Mr. E. C. Stow told audience he has not answered village because of a meeting scheduled for the Lak& Edina 2nd Addn. neighbors tomorrow night; that one coat of oil was laid on Hibiscus last year, at no cost to property owners, and that he is willing to oil again right now. Lane, both asked that their streets be surfaced at the earliest possible oppor- such work. accomplished during the winter and that if the provisions of the bond are to be met, sorhething should be done this summer. HOPKINS'EDINA BORDER ROAD/UNDER DISCUSSION *AT REQUEST -OF D .A. 17ALTHOUR, 300 GROVE PLACE. street, and that the lots on the north (Hopkids) side will be platted to face north-south Hopkins streets rather than Spruce_'blaad, Mr. Walthour told'Counci1 he is concerned about methods of payment for street improvement. He suggested that Edina attempt to secure an agreement from Hopkins as to Hopkins payment for its portion of the street, before bouridaries are changed, so that Hopkins residents cannot block street improvemznt. He also asked that Edina arrange to assess all those Edina properties using SpmceLRoad: as a means of access, for improvement of Spruce,rather than just those properties abutting the street. He pointed out that several residences on Grove Place and at least one in an "alley" have-no other egress, formal action taken. Manager Iiyde explained that, pursuant Mr. J.G. Thompson, 4813 Hibiscus, and Mr. Steve George, 4821 Aspasia I tunity, reminding Council that property owners have $600 apiece in escrow for They also pointed out the fact that street surfacing could not be IMPROVEMINT Stating he had heard of plans to make Spruce,Road a joint Hopkins-Edina Mayor Bredesen thanked Mr. Walthour for his suggestions. No INPROVEMENT PETITIONS ACCEPTED. and by motion Beim, seconded by Dickson and carried, were accepted and referred to Vrllage Engineer for programming: The following Improvement Petitions were submitted, 1. WATERMAIN - 17.59th St., Code Ave. to Tingdale Ave. 2. PAVIITG AND INTEGRAL CURB - 1?,59th St., Code Ave. to Tingdale Ave. 3. 4. OILING: BLACKTOPPING S Windsor Avenue fromW5204, West to Railroad Tracks A. Wilryan Ave., 11.63rd St. to TJ.64th St. " B. Benton Ave'., Bernard Place to Dale Ave. . C. D. Ad- Ave. , Maloney Ave. to Belmore Lane E. F. Division St., Rutledge Ave. to Oxford ATie. G. Tracy Avenue, Highway a169 to Benton Ave. ' If. Benton Ave'., Bridge to Hansen Road I. W.65th St:, Wilryan Ave. to Tingdale Ave. J. Grove St,; Tracy Ave. to Johnson Drive 1 K. TJilqfan Ave., 17.65th St. to V.66th St. Walnut DrZve from Highway a169 north to end Rolf Ave., Valley View Road to Roberts Place c NEW IMPROVEEiENT HEARING FOR SANITARY SEWER IN EAST SERVICE DRIVE OF NOFNANDALE ROAD FROM VALLEY VIEW ROAD SOUTH . of the fide affected property owners'abutting East Service Drive of Normandale Road, just South of Valley View Road, for Sanitary Sewer. It was noted that a public hearing had been held on this project, and that there were no proponents at that time 'because of proposed Highway #lo0 changes; that Highway $100 is now being worked qn and if sewer is to be instdlled it shoul'd be done now. Beim's motion, 'scheduling Public Hearing on proposed Sanitary Sewer for June 26, was seconded%y 'Dickson and carried. PETITION FOR REpiOVAL OF SURPLUS EARTH FROM NELSON FARM PROPERTY REFERRED TO PLANNING CONMISSION FOR RECG3dMENDATION. Farm Property," by Stow Development Corporation, dated June 7, 1961, signed by E. W. Boyer, and filed by Bri'll & Brill on June 8, was presented by Manager Hyde, with the report that he had called Mr. Josiah E. Brill on June 8, advising him this matter would be on council agenda for this evening's meeting with a recommendation for Council referral to the Planning Commission, and that there was no need of *any meeting prior to this evening. dated August 18, 1960, which is a tentative layout of a proposed over-all develop- ment and land use for the said Nelson Farm property, and asks permission to remove sufficient materials from the north hill and south hill to reach the grade levels indicated on said plat at said points, materials to be used as follows: 782,235 yards to rdse the level of the low lands on said site to the grade indicated for such low lands; 608,000 yards to establish finished grades of land areas two feet Clerk reported receipt of a petition from two "Petition for Removal of Surplus Earth from Nelson Petition refers to plat prepared by A.C. Godward, I a1 6/12/61 "15, above-street grade as indicated; approximately 1,500,000 cubic yards, sold or otherwise disposed of. neither bond nor time limit for completion of work. Asking 5or permission to make a general stat-ement on matter of petition', Mr. Josiah Brill read from a letter to the Council, dated this date, in which he requested that Council ask Planning Commission to answer six questions a enumerated in his letter, in preeparing its recommendation to Council, and in . which he reported that the proposed,grading of the Nelson Farm property does not come within the purview of Village Ordinance No. 56 in that "said grading will not create a depression or depressions exceeding in any one place 200 square feet of surface area, the bottom or lowest point of which shall be two feet or.more below, or lower than, the level of *the adjoining unexcavated land", and that therefore there is no occasion or right to request a bond as a condition for the granting of the petition; nor should there be any limitation as to the time the work is to be done. can be.granted as expeditiously-as possible; that the Highway Department wants this material badly,and petitioners need the money been working in the Nelson Farm property since expiration of the last required bond. .This, Mr. Brill told Council, he did not know--that he had given petitioners instructions not to permit any excavation after expirationlof bond; that, even though Village Ordinance may be invglid, it should not be violated; hhat!invalidity should be proved. Mr. Hyde told Council that excavation was in process on May 19, 1961--that it has been continuing almost every day since that time. At.a question fromMr. Hyde as to whether Ray Fisher Contracting Co. had been excavating recently, Mr. E.C. Stow reported that Hr. Fisher has taken nothing from the Farm since last fall. At a question concerning the William E. Kraft recent excavations, Mr. Stow replied that Kraft has taken some dirt from one corner of the property. Mr. Brill reiterated his statement that he knew nothing of any excavation since expiration of bond; that he would see that there would be no more until the present matte? before the Council is settled. STOW STATEMENT ON. DELAY OF PLAT APPROVAL DISPUTED BY VILLAGE. Mr. E.C. Stow complained vehemently that the preliminary plat for the Nelson Farm has had no action; that it has been before the Council since June, 1960. Messrs. Hite and Hyde reported to Council that the only "plat" before the Village for consideration is the "Land Use Study" hereinbefore referred to, which has been presented only in connection with requests for excavation permits, and not for approval as a plat. of plat had been made. .Beim's motion for referral of Petition for Removal of Surplus Earth to Planning Commission for recommendation was seconded by VanValkenburg and carried; and, at the reconnnenddtion of Village Attorney Hasselquist, motion for referral was amended to include a recommendation to the P3anning Commission for study on ways to improve ordinance, amending motion being by Beim, seconded by VanValkenburg and carried. which will not be required for development of premises and which will be -=7l Petition also asked 'that Village require . In ending his statemegt, Mr. Brill told Council he hopes that permit PRESENT EXCAVATION TO CEASE. Manager Hyde reported that excavators have ' Mr. Brill agreed that no formal application for approval 1 SCHOOL SUPERINTENDENT COMPLIMENTS PLANNING DIRECTOR ON CENSUS STUDY: ASKS BUILDING PERMIT HOLD ON CERTAIN PROPERTY PROPOSED FOR SCHOOL. Milton H. Kuhlman's compliment to Planning Director Hite for Mr. Hite's census study--which has convinced the School Board of the necessity of a new elementary school in the Countryside Area--was read by Council, with appreciation. Director in setting aside a tract lying between Grove and Benton, bounded on the west by Tracy Avenue and extending east, for school purposes; stating that School Board is interested in this land. School Supt. = Letter also asked the cooperation of Council, Village Manager, and Planning VILLAGE PLACES TEMPORARY BUILDING PERMIT HOLD ON ALL OF LYLE'S SECOND AND THIRD ADDITIONS; LOTS 28 THROUGH 41, WARDEN ACRES. FOR SCHOOL PURPOSES. Pursuant to Mr. Kuhlman's request, as hereinbefore stated, it was recommended that Building Permit Holds be placed on the above entitled properties, until Village-School plans can be completed--which should be not more than 30 days. motion, that Temporary Building Permit Holds be placed on these properties in accordance with Manager's recommendation, vas seconded by Beim and carried. Dickson's HIGIII.IAY NO. 169 RELOCATION BUILDING PERMIT HOLDS RELEASED. Planning Director Hite reported it is felt that there is now sufficient information on hand relative to change in plans for the relocation of Highway No. 169 to permit release of all building permit holds,along the."proposed relocation" in Edina, from County Road #18 to the North Village Limits; and-Dickson moved that said Building Permit Holds be released. Motion seconded by Beim and carriea. 6/12/61 , , ' 'COIBkIL CONFIRMS NAY 24, 1961 ~ h7ARD OF, CONTRACT,PDR"STlGET TMPROVEMENT NO. E17 , t.fATEBWN IMPROVESIENTS NOS. 153 AND 155, SA1"LTARY SE3?ER IIi€'ROVI&ENT NO. 176, "6. 51. 1961 to Barton Contracting Co. on the above entitled improvements. Tabulation of Bids received May 22, 1961, wad reviewed, being as follows on the combined project; on basis of Bituminous Surface Treatment and Concrete Curb and Gutter - CURB AND GUTTER TBROVEMENT NO. B-69, AND Pdk?TON. OF STORM SEt7E:R TMPROVEMRNT Manager Hyde asked .for formal Council confirmation of award made May 24, BARTON CONTRACTING CONPANY - $281,371.61; RIEGGER ROAD17AYS, INC. - $287,419026; ARCON CONSTRUCTION CO., 1NC.-$290,751.08; BLACK TOP SERVICE CO. - $296,406.65 as compared with the follo~ing bids on the combined project on basis of Concrete Paving with Integral Curb BARTON CONTRACTING COXPANY - $348,142.16; McCREE & CONl?ANY - $370,922.35 ARCON CONSTRUCTION CO. - $400,269.50 IJOODRICH CONST. CO. - $421,775.55 I To further break down the bid of the low bidder on the project using Concrete Paving with Integral Curb, it was as follows: BARTON CONTRACTING COXPANY - STmET IMPROVEMENT NO. E-7 - $328,183.51 - SANITARY SENER NO. 116 - $ 3,322.90 - WATERMAIN NO. 153 - $ 4,790.00 - IJATERMAIN N0.15-5 - $ 4,269.00 - STORIS SE37ER-N0.52 (PORTION)' $ 5,454.40 - CURB & GUTTER NO. B-69 - $ 2,122-35 . $348,142.16 Dickson's motion for award of contract for the above named improvements to Barton Contracting Company at $348,142.16, and confirming award of May 24, 1961, was seconded by Tupa and carried. EDINAMUNICIPAL LIQUOR STOReS TO REMAIN ON CASH AND CARRY BASIS. Manager Hyde reported that*deliveries by municipal liquor stores are legal; that extensiw of credit is not. 3layor Bredesen led-the discussion,with regard to penalties against deliveries to minors; the subject bf bonds for those actually delivering liquor was brought up, and, gfter some-discussion on the pros and cons of liquor delivery it was the consensus of opinion that Edina's Hunicipal Liquor Stores remain on a "cash- and- c arr yt' bas is . ORDINANCE PROHIBITING DELIVERY OF LIQUOR TO BE @PEALED. reminder that the Ordinance Prohibiting Delivery of Liquor, declared by the Court to be invalid as the result of the Culbertson case, is still being carried on the Village records--that it should be repealed, or the Village should'appeal the Court's ruling--considerable discussion was had. Mayor Bredesen inquired about a substitute ordinance, which would subscribe penalties for deliveries to minors, or possibly'an ordinance which would require report to Police Department before delivery was made; and, while Council felt that there is m&it in both suggestions, these proposed ordinances would be almost entirely unenforce:able. It was also reported by Mr. Hasselquist that complaint can still be registered on delivery of liquor to minors, under State Statutes. appeal be made against the Court's ruling on the Culbertson case, and that Ordinance Prohibiting Delivery of Liquor be repealed, was seconded by VanValkenburg and carried. At Mr. Hasselquist's Beim's motion that no IMPROVDlENT FUND BALANCES TRANSFERRED TO PERIMENT IBPROVEMENT REVOLVING FUND, AFTER WTIREMENT 'OF BONDS. transfer to tkie Permanent Improvement Revolving Fund the Ass'ets, Liabilities and Free Surpluses of the 1950 First and Third Series Improvement Fund, the 1950 Second Series Improvement Fund, and the 1951 First Series Improvement Fund was reviewed. Recommendation was based on fact that Improvement Bonds are retired; that refunds have been made to property owners assessed in the cases where individual improvement balances were sufficient to warrant refunds; that transfer of fundswill enable financing of small improvements without issuance of bonds. Statement of funds under consideration, as of May 31, 1961, was presented with recommendation. An additional recommendation was made that Council adopt as a policy, the transfer of future free surplus of sinking funds (after retirement of respective bonds) to the Permanent Improvement Revolving Fund. Tupa offered the folIowing Resolution and qved its adoption: Finance Director Dalen' s written recompendation tor RESOLUTION FOR TRANSFER OF FREE SURPLUS FRO" IMPROVEMENT FUNDS TO PERMANENT IMPROVEMENT I REVOLVING FUND BE IT RESOLVED By the Village Council of the Village of Edina: the 1950 Second Series Iqrovement Fund, and the 1951 First Series Improvement Fund have been fully paid, leaving said Improvement Funds with free surpluses of $28,237.76, $33,581.36, and $13,916.77, respectively. 2. ment Revolving Fund of the Village, heretofore created, 3. 1950 Second Series, and 1951 First Series Improvement Fund Sinking Funds shall be, and are hereby, transferred to the Permanent Improvement Revolving Fund. 4. It is the recommendation of this Council that a policy of transfer of future Improvement Fund Sinking Fund surplus to said Permanent Improvement Revolving Fund Motion for adoption of Resolution was seconded VanValkenburg, and on Rollcall there were' , five ayes and no nays, as follows: Beim, aye; Dickson, aye; Tupa, aye; VanValkenburg,aye; and Bredesen, aye: and Resolution was adovted. 1. Improvement Bonds for the 1950 First and Third Series Improvement Fund, It is desirous and to the public interest to maintain the Permanent Improve- The assets, liabilities and free surpluses of said 1950 First and Third Series, upon retirement of Improvement Fund Bonds be established. -I '$3 Mayor BUILDING CODE AMENDED. Ordinance No. 51A-3, stating its passage is recommended to relieve such storm water hearings as the Council experienced this evening. previously received copies of this proposed ordinance, for review. VanValkenburg offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: ORDINANCE NO. 5111-3 Manager Hyde presented for Council consideration Council had AN ORDINANCE PROVIDING FOR INFOWTION TO BE FUFISJ3ED BY APPLICANTS FOR BUILDING PERMITS, AND PROHIBITING CONSTRUCTION WHICH CREATES SURFACE WATER PROBLEMS AMENDING ORDINANCE NO. 51A THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subse.ction (ba) of Section 4 of Ordinance No. 51A of the Village is hereby amended to read as follows: "(ba) "(d) Paragraph (d) of Section 301 shall be amended to read as follows: Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be accompanied by specificatiohs of sufficient clarity to indicate the nature and extent of the work proposed and * show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations, The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. specifications, the Building Official may approve Feferences on the plans to a specific section or part of this Code or other ordinances or laws. "Plans shall include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor, and providing the following information: In lieu of detailed , (1) Scale 'of drawing. (2) Lot and block number. (3) (4) Dimensions of front, rear and side yards, (5) (6) (7) Dimensions of lot and north point. Locations of all existing buildings on the lot. Location of proposed building or construction. Location of stakes established by the surveyor along each side ' lot line a distance of 30 and 60 feet from the front lot comer. The maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant. (8) -The side yard and set back dimensions of buildings located on adjacent lots. (9) The location of all easements as shown on record plats. (10) Grade elevations at the following points: .. a. Eachrlot corner (either existing or proposed). b. c. Crown of proposed street at each lot line extended. Proposed lawn and driveway elevations at the street side of house. Such elevations may be based upon an assumed datum but shall be tiid by the surveyor to a specified bench mark for which the elevation has been obtained from the Village Engineer's office. direction of surface water drainage by arrows .'I I (11). The proposed disposal of drainage and surface waters, indicating , , Section 2: Said Ordinance No: 518 Is hereby firthey amended by adding thereto a new section 5%, as follows: , . . "Sec. 5%. Surface Water Hazards and Interferences. (a) Denial of Permit. construction of enlargement of a dwelling ground which is too low for adequate drainage oflsurface waters. enlargement of any build%ng when it appears that th? proposed elevations of the lot for which the permit is to be issued, in relation to the established or proposed grades of adjoining or nearby streets, will probably cause a change in the existing drainage of surface-waters which will result in substantial damage to private or public property, or in substantial hazard or inconvenience fo persons residing in the Village or-travelling on its streets. (b) Interference with Surface Waters. No temporary or permanent obstruc- tion, diversion, bridging or confining, of an existing channel or natural water- way through or over which any lake, stream or surface water naturally flows shall be made without thewritten approval of the Village engineering and building department. If The Building Inspector shall deny a permit for He shall also deny a permit for construction or r Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. .. 54 6/12/61 lows: Beim, aye; nd the Ordinance c PUBLIC HEARINGS ON IMPROVENENTS. AND BIDS, SCHEDULED. Manager Hyde requested that several Improvement Hearings be formally scheduled for June 26, in line with Public Works Schedule discussed-by Council some time ago, and that bids be also scheduled for that date; and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED SANITARY SEWER, WATERNAIN, STOBI SEWER, AND PERMANENT STREET SURFACING AND CURBING IMPROVEJ!ENTS The Village Engineer, having su6mitted to the Council a preliminary BE IT RESOLVED by the Council of the Village of Edina: report as to the feasibility of the proposed SANITARY SE!7ER, IIATEREIAIN, STORM SEWER, AND PURMANENT STREET SURFACING AND CURBING IMPROVEMENTS described in the Forms.of Notice of Hearings set forth below, and as to the estimated cost of such improve- office of the Village Clerk. Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvements. place and purpose of said meeting to be published in the official newspaper 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 sub- stantially the following forms : 1. aments, said report is hereby-approved and directed to be placed on file in the 2. This Council shall meet on Monday, June 26, 1961, at 7:OO P.M., in the 3. The Clerk is hereby authorized and directed to cause notice of the time, z NOTICE OF PUBLIC HEARINGS ON SANITARY SEWERS, LIFT STATION, ( 1) AND WATERMAINS EDINA VILXE COUNCIL will meet at the Edina Village Hall on Monday, June 26, 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 beh7: ESTIMATED COST A. CONSTRUCTION OF VILLAGE SANITARY SENER ANI) APPURTENANCES IN THE F0LLOS;IING STREETS: 1. Hankerson Ave. from Interlachen Blvd. to 505.8' Souths $5,067.22 2. CONSTRUCTION OF VILLAGE SANITARY SEWER, LIFT STATION AND 1. Belmore Lane from th? center line of Grove Place extended to-450 feet east $12,737.89 CONSTRUCTION OF VILLAGE WATEHMAIN AI$D APPURTENANCES IN 1. Hankerson Ave. from Interlachen Blvd. to W.5lst St. $5,280.35 2. York Ave. from W.55th St. to Wi56th St.; East Service Drive of State Highway #lo0 from Valley * View Road, South 770 feet to Cul-de-sac ' $7,797.37 B. APPURTENANCES IN THE FOLLOWING STREET: C. THE FOLLOKCNG STREETS : V.55th St. from Yorlc Ave. to Zenith Ave.; Zenith Ave; fromW.55th St. to 120 feet South - $9,969.96 The areas proposed to be assessed for the costvof the proposed improvement under A-1 above includes Lots 3 thru 9 incl.,Block 1, Brookside Heights, and Lots 6 thru 12 incl., Block 2, Brookside Heights; under A-2 above includes Lot 5, Jonas Addition, Parcels No. 7821,7700 & 8000,Sec.19,T.28,R.24; under B-1 above includes Lots 1 and 2, Wilhoits Addn., Block 9, Mendelssohn Addn.; under C-1 above includes Lots 3 thru 10 incl,, Block 1, Brookside Heights and Lots 6 thru 13 incl., Block 2, Brookside Heights; under C-2 above includes Lots 1 thru 15 incl., Block 3, and Lots 16 thru 30 incl., Block 4, and Block 2, (Park Property) all in Seeley's 1st Addn. to Hawthorne Park. I EDINA VILLAGE at 7;OO P.M., GRETCHEN S. ALDEN Village Clerk NOTICE OF PUBLIC HEARINGS ON STORM SEWER, PERMANENT STREET SURFACING AND CURBING COUNCIL will meet at the Edina Village Hall on Monday, June 26,1961, to consider the following proposed improvements to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. The approxi- mate cost of said improvements is estimated by Suburban Engineering, Inc., Consulting Engineers, as set forth below: 6/12/61 A. CONSTRUCTTON OF PEWENT STREET SURPACICNG AND 1. Y Antrim Road, from County Road #39 to W.70th St. ; 2.4F.j.69th St. from Antrim Rd. to McGuire Rd,; CURBTNG IN TRE POLLOTdIEfG. STREETS! JG.70th.St. from Antrim Rd. to Hwy.#lOO $236,579 .OO @hook Dr. fromW.69th St. to N.end of LaBuena Vista; I FTracy Ave. from l~7Oth St. to N, end of LaBuena Vista; ZfcGuire Rd. from T?.69th St, to.Brook Drive; d /dalway.Dr. from Brook Drive to W.66th St.; hillside La..from W.70th St. to.W.66th St.; g'fXmerick Ls. from Hillside La, to V.66th St.; .+.&.68th St. from Antrim Rd, to E. end of The . Heights 3rd Addn.; @.66th St. from Valley view Rd. to the E. end h.67th St. from Limerick La. to E, line of . of The Heights 3rd Addn.; The Heights 3rd Addn. $27 1,548.00 B. . CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES . IN THE FOLLOWING: l., Starting on Brook Drive where it.cmsses Nine Mile Creek and extending westerly on Brook Dr. to ' Hillside La. Limerick Lane to W,7Oth St. W.7Oth St. to Antrim Rd, on Tracy Ave. to W.68th St. northerly on McGuire Rd. to.B.69th St. ; &hence, AIience turning northerly on Antrim Rd. to Valley View Rd. ;&hence turaing westerly on Valley View Rd. to a pt. 425 feet west of Antrim Rd. hkrting at Antrim Rd. and Chapel Dr. and running west on Chapel Dr. to the west line of Lot 8, Block 4, Chapel Hill to intercept the existing s.torm sewer. $205,724.00 extending westerly to Limerick Lane; Brookview Heights 4th Addition intersects Nine Mile Creek thence running southwesterly on easement on the easterly line of said Lot 1, Block 1 to 66th St, or its extension;dhence West on 66th St. to Tracy Ave.;&ence south on Tracy Ave. to Susan Ave.; also commencing at th? inters'ection of W.66th St. and Galway Dr. ; %hence southerly on Galway Dr. to its inter- section with Brook Drive $ 79,194.00 " /Starting on Brook Dr. and extending southerly on /Starting at Cahill.Rd. and extending westerly on /. Starting at t?.70th St. and extending northerly ,-Starting at Tracy Ave. and extending westerly and . turning westerly on U.69th St. to,Antrim Rd.; 2. t Starting on W.68th St. where it crosses Nine Mile Creek and Commencing at a point where the easterly line of Lot 1, Block 1, The areas proposed to be assessed for the cost of the proposed improvements under A-1 and 2 above, include all lots and tracts of land abutting the respective streets proposed to be improved. The area proposed to be assessed for the cost of the proposed improvement.under B-1 above, includes all lots and tracts of land within the foblowing described boundaries: '*Commencing at a point on the South line of Sec. 5, T.116, R.21, said point being 600 feet E. of the SW corner of said Section; thence NW to the SIJ corner of Lot 20, Block 4, in Chapel Hill; thence W. to the SW corner of said Chapel Hill; thence N. along the W. line of Chapel Hill and its extension N. (said W, line of Chapel Hill also being the W. line of said Section 5) to a point 280 feet N, of the center line of Valley View Road; thence E. along a line parallel with the center line of Valley View Road a distance of 1250 feet; thence SE to the NW corner of Block 2, The Heights 2nd Addition; thence E, a1ong.a line parallel with the S. line of said Block 2 to the E. line of Block 2;.thence SE to the NW corner of Lot 4, Block 4, LaBuena Vista; thence E. to the NE corner of said Lot 4; thence S. to the SE corner of said Lot 4; thence ?? to the SC;I corner of said Lot 4; thence S. along the E..line of Tracy Ave. to the Ni? corner of Lot 10, Block 6, LaBuena Vista; thence E., NE, and NN along the Northerly and Westerly lines of Blocks 6 and 7.in said LaGluena Vista to the center line of W.68th St,; thence E. along the center line of said W.68th St. to the Northerly extension of the Easterly line of Lot 10, Block 8, in said LaBuena Vista; thence Southerly along the Northerly extension-of said Easterly line of Lot LO to the Southeast corner of Lot 9 in said Block.8; thence E. along the N. line of Lot 3.in said Block 8 and its extension E. to the W, line of Block-9 in said LaBuena Vista; thence Southerly along the E, line of Limerick Lane to-the SV corner of said Block 9; thence Southeasterly to the.SE corner of Lot 3, Block 1, Otto's 2nd Addn.; thence Sly, SJly, and Bly to the SW corner of Otto's 2nd.Addition; thence Sly along the E. line of LimericksLane to the SW corner.of Tract C,.Registered Land Survey No. 710; thence E. to the SE corner of Tract C in said Registered Land Survey No. 710; thence S. 33 feet to the S. line of said Sec.5,,T.116,R.Zl;.thence S.J. along the S. line of said Sec. 5 to the point of beginning." 75 76 6/12/61 And also the area in the North Half (N%) of Sec.8,T.116,R.21, described as follows: "Commencing at a point on the North line of said Sec. 8, said point being 600 feet E. of the NI.4 comer of said Sec. 8, said point also being the N. line of Prospect Hills; thence SE to the S? comer of Lot 4, Prospect Hills; thence E. to the SE corner of Lot 1 in said Prospect Hills; thence to.a point that is.750 feet S..of the centerline of 17.70th St. and 680 feet E..of the centerline of Antrim Rd. ' extended N and S; thence NE to the SE corner of Block 3, Carolane.Addn.; thence E. to the SE corner of Carolane Addn.; thence N. to.the NE corner of Lot 2, Block 1, Carolane Addn.; thence E. parallel.with the center line of W.70th.St. to the 117. ' line of Cahill Rd. (also known as.County Rd. No. 28); thence N..along the W. line of Cahill Rd. to the center line of P7.7Oth St., also being the N. line of said Sec. 8; thence 11. along the N. line of said,Sec. 8 to the point of beginning." The area proposed to be assessed for the cost of the proposed improvement under B-2 above, includes all lots and tracts of land within the following described boundaries: "Beginning at the most Sly corner of Scotland Heights; thence N. to the NW comer of Scotland,Heights; thence E. along the N line of Scotland Heights to the Nhy line of County Rd. No. 39; thence NEly along the NWly line of said County Rd. . No. 39 to the Ne line of the S. half (S3) of Sec. 5,T.116,R.21; thence E. along the N. line of said South Half (S%) of Sec. 5 to the center line of Nine Mile. Creek; thence in a Sly direction along the center line of Nine Bile Creek to its intersection with the N. line of Block 9, La Buena Vista; thence 171y and Sly to the SF7 comer of Lot 7 in said Block 9; thence SNly to.the SE comer of Lot 2, Block 8, LaBuena Vista; thence W. to the $37 corner of said Lot 2; thence N to the N-7 comer of Lot 1 in said Block 8; thence 17 along the N. line of Blocks 8 and 7, LaBuena Vista to the NN comer of Lot 7, said Block 7; thence Sly along the rear lot lines of Blocks 7 and 6 to the SE corner of Lot 6, Block 6, LaBuena Vista; thence 8. to the SW corner of Lot 8, said Block.6; thence N. to the M? comer of said Lot 8; thence 17. to the E. line of Tracy Ave.; thence N. along the E. line of said Tracy Ave. to the N. line of.TJ.68th St.; thence $7. along ghe N. line of 11.68th St. to the Sly extension of the I?. line of Scotland Heights; thence N. along the 11. line of Scotland Heights to the beginning.:' GRETCHEN S. ALDEN Village Clerk Motion for adoption of the Resolution das seco .Beim, and on Rollcall there were five ayes and no nays, as follows: Be VanValkenburg, aye; and Bredesen, aye; and I VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED PERMANENT STREET SURFACING AND GURB,-AND . :-- STORM ,SEI.7ERLXMERTS : %ONFIREIING~ADVERTXSEHENT BE IT RESOLVED by the Village Council of the Village of Edina: 1. The plans and specifications for the proposed PEFNANENT STREET SURFACING AND CURB, AND STOR-I SEWER DIPROVEMENTS set forth in the following Advertisement for Bids form, heretofore prepared by Village Consulting Engineer and now on file in the office of the Village Clerk are hereby approved. The action of the Village Clerk in causing to be published in the Edina- Momingsi.de Courier and the Construction Bulletin June 1, 8 and 15, 1961 the following notice for bids for said improvements is hereby ratified and confirmed by the Village Council: 2. ADVERTISEMENT FOR BIDS .ASPHALT CONCRETE AND PORTLAND CEMENT CURB & GUTTER, PORTLAND CEMENT CONCRETE AND INTEGRAL CURB, AM) STORM SEWER SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 48011*7.50th St., at 11:OO A.M., Monday, June 26, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, June 26, 1961, to consider said bids, being for the following: ,I A,. CONSTRUCTION OF ASPHALT CONCRETE AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IN THE FOLLOWING STREETS: 1. Best 70th St. from Hwy.#lOO to Antrim Rd. 2. .Antrim Road fromW.7Oth St. to Valley View Rd. 3. W.69th St. from Antrim Rd. to NcGuire Rd. 4. Brook Drive from W.69th St. to N. end of LaBuena Vista Addn. . 5. McGuire Rd. fromB.69th St. to Brook Drive. 6. Tracy Ave. from11.70th,St. to N. end of LaBuena Vista Addn. 7. Galway Dr. from Brook Dr. to W.66th St, 8. Hillside Lane fromW.70th St. to W.66th St. 9. Lidrick Lane from Hillside Lane to W.66th St. 3rd . 10. W.68th St. from Antrim Rd. to E. end of.The Heights/Addn. 11. W.66th St. from Valley View Rd. to the E. end of The Heights 3rd Addn. 12. 1 P7..67th St. from Limerick Lane. to E. line of The.Heights 3rd Addn. 6/12/61 1 B. CONSTRUCTION OF PORTLAND CEMENT CONCRETE AND INTEGRAL CURB IN THE * FOLLOWING STREETS : 1. Nest 70th St. from EIwy.#lOO to Antrim Rd. 2. 3. 17.69th St. from Antrim Rd, to McGuire Rd. 4. Brook Dr. from,W.'69th St. to the N. end of LaBuena Vista Addn. 5. . McGuire Rd. from W.69th St. td Brook Drive 6. Tracy Ave. fromW.70th St. to the N. end of LaBuena Vista Addn. 7. Galway Dr. from Brook Drive to IJ.66th St. 8. Hillside Lg. from 1!.70theSt. to I4.66th St, 9. Limerick La. from HillFide La. to W.66th St. Antrim Rd. fromW.70th St. to Valley View Rd. 10. U.68th St. from Antri? Rd. to i. end'of The Heights 3rd Addn. ' 11. PJ.66t.h St. from Valtey View Rd. to the E. end of Th6. Heightg 3rd Addn. 12. B.67th St. from Limerick La. to E. 'line of'The Heights 3rd Addn. CONSTRUCTION OF VILLAGE STORM SENER AND APPURTENANCES IN THE FOLLOT7INGI 1. Starting-on IJ.70th St. whyre it crosses Nine Mile Creek and extending 2. Starting on W.68th St, where it scrosses Nine Mile Creek and'extending 3. Starting on Brook Drive where it cross& Nine Mire CreeR and extending Also staFting on Brook Drive and exteiding southerly on Limerick Lane Also starting at Cahill Rd. and extendiAg wester19 on IJ.7Oth St. . Also staping at W.Ji)th St. and extending northerly on Tracy Ave. . Also starting at Tracy A&. and extending westerly and nojctherly on McGuire Road to W.69th- St., thence turning w&sterly on 1?.69th St. to . Antrim Rd,, thence fuming northe;ly on Antrim Rd. to Valley View Rd., thence turning westerly on Vall;?y View Rd. to a point 425 feet"west of Antrim Rd. . Starting at Nine Mile'Creek on an extension of the lot line between Lot 7, and Lot 8, Block 1, Brookview Heights 4th Addition and extending westerily to the intersection of Connemka Curve and W.67th St. ' C. westerly on V.7Oth St. a distance of 675 feet. westerly. to Limerick Lane. . westerly on Bro?k*Drive to Hillside Lane; to West 70th St.; to Antrim Road; f . *I I to W.68th St. 4. c 5. Commencipg at a point where the' easterly line of' Lot 1, Blo'ck 1, * Brookview, Heights 4th Addition intersekts Nine Mile Creek; thence running southwesterly on an easement on the easterly link of said Lot 1, Block 1, to 66th St. or its extension; thence IJ. on 66th St. to Tracy Aye.; thence south on Tracy Ave. to Susan Ave.; alsb commencing at the intersection of Tracy Ave. and W.67th St., thence westerly on W.67th St. to its intersection with Valley View Rd.; also commencing at the intersection of W.66th St. and Galway Drive thence soukherly on Galway Dr. to its intersection with Brook Drive. Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check) for permanent Street' Surfacing and Concrete Curb and Gutter, and $25.00 (by check) for the Storm Sewer, which deposit will be refunded upon return of Plans and specifications. and accompanied by cash deposit, bid bond or certified check payable 'to the Village Clerk in the amount of at least ten percent (10%) of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. No bids will be considered unless sealed The Council reserves the right to reject any or all bids.' GRETCHEN S. DEN Village Clerk 3. Each and all of the,terms of the foregoing advertisement for bids are hereby adopted as the terms and conditions of award of the contract for said improvement . Motion for adoption of the Resolution w on Rollcall L VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SECJER, STORM SEWER, AND WATERMAIN IMPROVEMENTS AND DIRECTING ADVER- TISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: SEVER AND WATERMAIN IMPROVEMENTS set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the 1. The plans and specifications for the proposed SANITARY SEXJER, STORM 6/ 12/61 office of the Village Clerk are hereby approved. Courier and the Construction Bulletin the following notice for bids for sasd improvements : ADVERTISE?AENT FOR BIDS 78 2. The Clerk shall cause to be published twice in the Edina-Morningside ' IlATERMAIN, SANITARY SEWER, AND STORM SE3IER I SEALED BIDS will be received and opened in *the office of the Village Manager. in , the Edina Village Hall, 4801 W.5Orh St., at -11:OO A.H., Monday, June 26, 1961,and the Edina Village Council will meet at 7:OO P.M., *on IIonday, June 26, 1961, to consider said bids, being for the following: 1, A. CONSTRUCTION OF VILLAGE7?ATEEWNS AND APPURTENANCES IN THE FOLLOWENG STREETS: 1. Hankerson Ave. from"Inter1achen Blvd. to W.5lst SE. 2. York Ave. from B.fS5th St. "to W.56th St.; 11.55th St. from York Ave. to Zenith-Ave.; Zenith Ave. from 11.53th St. to *120' South. B. CONSTRUCTION OF VJWE SANITARY SEVER AND APPURTENANCES IN THE FOLLGJING STREET: CONSTRUCTION OF VILLGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: Along W.6Oth St. from a point: 82' W. of the centerline of St.Johns*Ave.; thence E. to St-Johns Ave.; thence S. along St.Johns Ave. to Valley View Rd.; thence SEly along Valley View Rd. to the extended E. line of lots 1 thru 5, Block 1, Valley View Slope. Beginning at the S.E. corner of lot 3, Block 1, of Valley View Ridge 1st Addn.; thence SEly along the E. line of Valley View Ridge 1st Addn. to the S.E. corner of lot 2, Block 4 thereof; Beginning Bt the N:E. corner of lot 2, Block 2,*Miller's Addn.; thence S. along E. line of Lots 2 and 3, Block 2, Miller's 2nd Addn. to the Cross-Town Highway right-of-way; said W. line of Lot 4,to Lake Cornelia. Addn.; thence 103' I?. along Ashcroft Lane; Beginning at the NE corner of Lot 1, Block 1,'Valley View Rdige Addn.; thence I?. along the N. line of said Lot to St.Johns Ave.; Beginning at the E. line of St.Johns Aver; thence V. along Valley View Rd. to Concbrd Ave.; Detention Basins within area bounded by St.Johns Ave.; Cross-Town Highway,' Wooddale Ave.; and Valley View Rd. Pond 81 - Bounded on the IJ. by Valley View Slope Addn., on the S. by ILil&er's Addh., on the I?. by Wooddale Ave., on the N. by a line 120' S. of Valley View Rd. Pond 112 - Bounded on the N. by Miller's Addn., on the W. by Valley. View Ridge 2nd Addn., on the S. by Miller's 2nd Addn. and on the E. by Wooddale Ave. 1. Hankerson Ave. Erom Interlachen Blvd. to-505.8' South. C. way: thence Slly to the W. line of Lot 4,*Miller's 3rd Addn.; thence S. along Beginning at the W.*line of Miller's Work must be done as described in plans and specifications on file in the office of the Village Clerk. (by check) for Items A-1 and 2, and Br-1 above; and a deposit of $10.00 (by check) for Item C above, which deposits wil'l be re*unded upon return of said plans and specifications. No bids till be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to thevillage Clerk in the amount of at least ten percent 'of amount of base bid. reject any or all bids. BY ORDER OF THE EDINA VIUAGE COUNCIL. Plans and specifications are available for a deposit of $10.00 The Council reserves the right to GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the term and conditions of award of the contract for scad improvements. Notion for adoption of the Resolution was se were five ayes and no nays; as follows: Bei Each and all of the terms of the foregoing advertisement for bids are on Rollcall there anValkenburg, aye; and Bredesen, aye; and STORM SEWER MAIN NO. 2 BIDS SCHEDULED FOR JULY 7. iation for the taking of bids for Storm Sewer Main this work be expedited. VanValkenburg offered the its adoption: RESOLUTION APPROVING PLANS Manager Hyde requested authori- No. 2 on July 7, in order that following resolution and moved AND SPECIFICATIONS FOR I EROPOSED STORM SEWER IMPROVEMENT, AND DIRECTIEG ADVERTISEMENT FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: The plans and specifications for the proposed STORM SEWER Improvement set forth in the following Advertisement for Bids form, heretofore prepared by the Village Consulting Engineer and now on file in the office of the Village Clerk are hereby approved. Edina-Morningside Courier and the Construction Bulletin the following notice for bids €or said improvement: 1. 2. The Clerk shall cause to be published June 15, 22 and 29, 1961, in the 6/12/6L 39 'I ADVERTISWNT FOR BIBS c STORM SEWER SEALED BIDS will be received and opened in the office of the Village Manager in the Edina Village Hall, 4801 W. 50th St., at 11:OO A.M., Friday, June 7, 1961, and the Edina Village Council will meet at 7:OO P.M., on Monday, July 10, 1961, to consider the said bids, being for the following: Commencing at Nine Mile Creek andV.70th St.; thence east on N.70th St. to IJes t Shore Drive; Also, on Rabun .Drive from W.70th St. north 264 feet; Also, along the east line of Smiley's Addn. fromW.70th St. north to Dunberry Lane. IJork must be done as described in plans and specifications on file in the office of the Village Clerk. $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten percent of amount of base bid. right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. CONSTRUCTION OF VILLAGE STOR4 SEWER AND APPURTENANCES IN THE FOLLOWING: Plans and specifications are available for a deposit'of' No bids will be considered unless sealed and accompanied The Council reserves the GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of thh contract for said improvement. Each and all of the terms of the foregoing advertisement for bids is STORM SEXER EASEMENTS CONDEMNATION AUTHORIZED. Pursuant to recent discussions on the matter of storm sewer construction, it was reported that certain storm sewer easements have not been obtained todate,'despite endeavors by the Village; that before construction proceeds such easements must be received. Recommendation was made that Village initiate condemnation proceedings therefor, and Beim offered the following Resolution and moved its adoption: RESOLUTION FOR CONDEMNATION OF LAND FOR STORM SEWER, WATER FLOUAGE AND STORAGE PURPOSES Village of Edina acquire land for storm sewer and water flowage and storage purposes ; Village of Edina tq acquire perpetual easements across, over and under certain lands as designated and described on Exhibit A attached hereto and made a part hereof and to acquire the fee of certain lands as designated and described on said Exhibit A. across, over and under such landsrhave been unsuccessful, and easements across, over and under such lands it has beeame necessary to procure the easements for storm sewer and the fee of the lands designated and described on said Exhibit A by right of eminent domain, for water flowage and storage. said perpetual easements across, over and under said lands and said fee interests for the purposes hereinbefore set forth under its right of eminent domain, and that the Village Attorney be instructed and directed,to file the necessary petition therefor and to prosecute such action to a successful conclusion or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorney, the Mayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of,such action. BHEREAS, it is necessary, advisable and in the public interest that the WHEREAS, in order to accomplish such purpose, it is necessary forathe I.IHEREAS, the efforts of the Village of Edina to obtain perpetual easements WHEREAS, by reason of failure of the Village to obtain said perpetual NOW, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure (EXHIBIT A set forth on the following there were five ayes and no nays, as f 'Village Clerk . 6/12/61 EXHIBIT A PARCEL A-1 An easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstruct- ing a storm sewer systemsin, under, and over the following described tract of land: The Southerly 7% feet of Lot 5, Block 1, 'Valley View Slope", according to the recorded plat thereof on file or of record 'in the Office of the Register of Deeds in and for Hennepin County, Minnesota. Names of persons interested in said parcel aqd the nature of their interest are as follows: B. J. Klindworth Wanda J. Klindworth Fee Owners Village of Edina Name Nature of Interest - Owner of drainage and utility easement over Southerly 5 feet of above described property Aetna Life Insurance Company Mortgagee PARCEL A-2 An easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstruct- ing a storm sewer system in, under and over the following described tract-of land: The Northerly 7% feet of Lot 1, Block 1, "Valley View Ridgett, according to the recorded plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County , Minnesota Names of persons interested in said parcel and the nature of their interest are as follows: Wallace I?. Grothe Margaret B. Grothe Fee Owners The Fidelity Mutual Life Insurance Company - Name Nature of Interest Mortgagee PARCEL B-1 The fee title to the following described tract of land: Lot 1, Block 1, r'Miller's Addition", according to the recorded plat-thereof an file or of record in the office of the Registex;: of Deeds in and for Hennepin County, Minnesota Names of persons interested in said parcel and the nature of their interest are as follows: Name - Unknown heirs of Nan A. Hiller, deceased Leslie V. Miller Ina S. Miller Hazel E. Thotland William A. Thotland Nellie May Hudson County of Hennepin Nature of Interest Possible fee owners Claimants under unrecorded deed from Nan A. Mi.ller, deceased Delinquent taxes. PARCEL B-2 The fee title to the following described tract of land: That part of Lot 4, Block 1, 'Miller's Addition", according to the recorded plat thereof on file or of record in the Office of the Register of Deeds in and for Hennepin County, linnesota, lying Northerly of the following described line: Commencing at a point on the Easterly line of said Lot 4 distant 15 feet Southerly from the Northeasterly corner thereof, thence South- westerly to a point on the l?esterly line of said Lot 4 distant 36 feet Southerly from the Northwesterly corner thereof and there terminating, Names of persons interested in said parcel and the nature of their interest are as follows: Richard L. Powers Dorothy Powers Fee Owners John N. Sheeks Alice Sheeks Contract for Deed Purchasers Hennepin Federal Savings and Loan Association of Minneapolis Mortgagee Name Nature of Interest - PARCEL B-3 The fee title to the following described tract of land: 81 6/12/61 That part of Lot 5, Block 1, Miller's Additbn", according to the recorded plat thereof on file or of record in the Office of the 'Register of Deeds in and for Hennepin County, Minnesota, lying No$therly of the following described line: Commencing at a point on the Easterly line of said Lot 5 distant 36 feet Southerly from the Northeasterly corner thereof; thence Southwesterly to a point on the Westerly line of said Lot 5 distant 65 feet Southerly from the Northwesterly corner thereof and there terminating. P Names of persons interested in said parcel and the nature of their interest are as follows: Kenneth W. Anderson Marjorie A. Anderson Fee Owners Hennepin Federal Savings and Loan Association of Minneapolis Mortgagee - Name Nature of Interest PARCEL B-4 The fee title to the following described tract of land: That part of Lot 6, Block 1, "Miller's Addition", according to the recorded plat therof on file or of record in the Office of the Register of Deeds in and for Hennepin County, Ninnesota, lying Northerly of the following described line:. Commencing at a point on the Easterly line of said Lot 6 distant 65 feet Southerly from the Northeasterly corner thereof; thence Southwesterly to a point on the Westerly line of said Lot 6 distant 100 feet Southerly from the Northwesterly corner thereof and there terminating. Names of persons interested in said parcel and the nature of their interest are as follows: Kenneth V. Bergquist Margareg C. Bergquist Fee Owners Hennepin Federal Savings and Loan Association of Minneapolis - Name Nature of Interest Mort gag ee PARCEL B-5 The fee title to the following described tract of land: - That part of Lot 7, Block 1, 'Wilier's Addition", according . to the recorded plat thereof on file or of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota, lying Northerly of the following described line: Conunencing at a point on the Easterly line of said Lot 7 distant 100 feet Southerly from the Northeasterly corner . thereof; thence Soufhwesterly to a point on the Westerly line of said Lot 4 distant 126 feet Southerly from the Northwesterly corner thereof and there terminating. . Names of persons interested in said parcel and the nature of their interest are as follows: Orrin D. Field Jean R. Field Fee Owners Hennepin Federal Savings and Loan Association of Minneapolis Mortgagee Name Nature of Interest - PARCEL B-6 The fee title to the following described tract of land: - That part of Lot 2, Block 2, "Miller's Addition*', according to the recorded plat thereof on file or of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota, lying Southerly of the following described line: Commencing at the Southeasterly corner of said Lot 2; thence Northwesterly to aipoint on the Westerly line of said Lot 2 distant 30 feet Northeasterly from the Southwesterly comer thereof and there terminating. Names of persons interested in said parcel and the nature of their interest are as follows: Charles P. Belgarde Mary E. Belgarde Fee Owners Name Nature of Interest - 82 6/12/61 1 PARCEL B-7 The fee title to the following described tract of land: That part of Lot 3,-Block 2, "Miller's Addition", according to the recorded plat thereof on file or of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota, lying Southerly of Line A and Northerly of Line B, as said lines are herein described, to-wit : Cqmgencing at a point on'the Easterly line of said Lot 3 distant 30 feet Northerly from the Southeasterly corner thereof; thence Northwesterly to a point on the Westerly line of said Lot 3 distant 50 feet Northerly from the Southwesterly corner thereof and there terminating. Commencing at a point on the Westerly line of said Lot 3 distant 25 feet Southerly from the Northwesterly corner thereof; thence Northeasterly to a point on the Northerly line of said Lot 3 distant 78 feet Easterly from the Northwesterly corner thereof and there terminating. c Line A: * Line B: i Names of persons interested in said parcel and the nature of their interest are as follows: t Charles I?. Belgarde Mary E. Belgarde Fee Owners - Name Nature of Interest PARCEL B-8 The fee title to the followinn described tract of land: That part of Lot 8,-Block 2, f%liller's Addition**, according to the recorded plat thereof on file or of record in the Office of the Register of Deeds in and for Hennepin County, Minnesota, lying Southerly of the following described line: Commencing at a point on the Easterly line of said Lot 8 distant 75 feet Northerly from the Southeasterly corner thereof; thence Southwesterly tq a point on the Plesterly line of said Lot 8 distant 50 feet Northerly from the Southwesterly corner thereof and there tenkinating. Names of persons interested in said parcel and the nature of their interest are as follows: Name - Leslie V. Miller Ina S. Miller Carl C. Ericksen Dorothy M, Ericksen I Nature of Interest Fee Owners Contract for Deed Purchasers PARCEL 13-9 The fee title to the following described tract of land: That part of Lot 9, Block 2, "Miller's Addition", according to the recorded plat thereof on file or of record in the Office of the Regisfer of Deeds in and for Hennepin County, Minnesota, lying Southerly of the following described line: Commencing at a point on the Easterly line of said Lot 9 distant 50 feet Northerly from the Southeasterly corner thereof; thence Southwesterly to a point on the Vesterly line of said Lot 9 distant 25 feet Norther$y from the Southwesterly corner thereof and there terminating. Names of persons interested in said parcel and the nature of their interest are as follows: Name John D. Lueck - Nature of Interest Mary Jane Lueck Fee Owners Hennepin Federal Savings and ban Association of Minneapolis Mortgagee PARCEL B-10 The fee title to the following described tract of land: That part of Lot 10, Block 2, ,'Wilier's Addition", according to the recorded plat therof on file or of record in the Office of the Register of Deeds, i.n and for Hennepin County, Minnesota, lying Southerly of the following described line: a point on the Easterly line of said Lot 10 distant,25 feet Northerly from the Southeasterly corner thereof; thence South- westerly to the Southwesterly corner of said Lot 10 and $here terminating. Commencing at Names of persons interested in said parcel and the nature of their interest are as follows: Elmer T. Torgersen Louise M, Torgersen Fee Owners - Name Nature of Interest 6/12/61 83 -q. --- PARCEL -3t3-11 The fee title to the following described tract of land situated in the Northeast Quarter (NE%) of the Northwest Quarter @I?%) of Section 30, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota, to-wit: Tract A: Commencing at the southwesterly corner of Lot 10, Block 2, '%liller*s Addition," Hennepin County, Minnesota; thence easterly along the southerly lines of Lot 10 and Lot 9, Block 2, said Addition, to the northwesterly corner of Lot 3, Block 2, said Addition; thence southerly along the west- erly line of said Lot 3 to the southwesterly corner thereof; thence easterly along the southerly lines of Lqts 3, 2, and 1, Block 2, said Addition, to the southeasterly corner of said Lot 1; thence southerly parallel to and 30, feet west of the north-south quarter line of Section 30, Township 28N, R.2417 of the 4th Principal Meridian to a pojnt 170 feet north of the southh line of the Northeast Quarter of the Northwest Quarter of said Section 30; thence west parallel to and 170 feet north of said south line to a point 290 feet east of the easterly line of "Valley View Ridge 2nd Addition", Hennepin County, Minnesota; thence northerly 90 feet parallel to and 290 feet east of said eqsterly line of "Valley View Ridge 2nd Addition*'; thence west 120 feet parallel to and 260 feet north of the said south line of the Northeast Quarter of the Northwest Quarter of said Section 30; thence north 134 feet parallel to and 170 feet east of said easterly line of "Valley View Ridge 2nd Addition"; thence westerly 170 feet to the southeasterly corner of Lot 3, Block 1, said "Valley View Ridge 2nd Addition," thence northerly along the easterly lines of lots 3, 2, and 1, Block 1, said "Valley View Ridge 2nd Addition" and the easterly lines of Lots 3, and 2, Block 4 "Valley View Ridge Addition", Hennepin County, Minnesota, to the point of beginning and there terminating. 1 Names of persons interested in said parcel and the nature of their interest are as follows: Unknown heirs of Nan A. Miller, deceased Possible fee owners , - Name Nature of Interest 1 Leslie V. Miller Ina 9. Miller Hazel E. Thotland William A. Thotland Nellie May Hudson County of Hennepin Claimants under unrecorded deed from Nan A. Miller, deceased Delinquent taxes PARCEL B-12 The fee title to the following described tract of land situated in the Southeast Quarter (SE%) of the Southwest Quarter (SW%) of Section 19, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota, to-wit: Commencing at the southeast corner of Lot 6, Block 1, lValley View Slope", Hennepin County, Minnesota; thence northerly along the easterly line of said Lot 6 to a Valley View Road measured at right angles to Valley'View Road; thence southeasterly parallel to and 120 feet wouth- westerly of the south line of I?all.ey View Road to a point 120 feet westerly of the westerly line of l?oodd+le Avenue measured at right angles to TJooddale Avenue; thence southerly parallel to and 120 feet westerly of the westerly line of 'Nooddale Avenue to the northerxy line of Lot 1, Block 1, %.ller's Addition", Hennepin County, Minnesota; thence westerly along the northerly line of said.Lot 1 to the point of beginning and there terminating. Names of persons interested in said parcel and the nature osf their interest are as follows: Vernon E. l?yman Lillian M. fdyman Fee Owners point 120 feet southwesterly iof the southerly line of f Name 1 Nature of Interest - t i (END OF EXHIBIT A) ******,*,***. 6112161 . a I I t * . 6 L I *I I.. 8'4 . P.l"c$ 'AVElki PAVING ASSES'SMENT RULING TO BE MPEA3tEb TO SUPREME COUiT. Atborney Hasselquist reported that Judge Anderson has dented 1 the Petition to Amend Findings relative to assessment for France Avenue Paving; and, by motion Beim, seconded by Dickson and carried, was instructed to file an appeal from said ruling. "ISLAND" PARKING A TRAFFIC HAZARD. Trustee Tupa recommende! that the curb around the Country Club District "islands" be painted yellow to prohibit parking, stating he feels that parking along these islands is a distinct traffic hazard. There was no formal action taken, but it tras concensus of opinion that this should be done. Village USE OF HIGH?AY #5-CAHIU ROAD INDUSTRIAL SITE FOR FIBRE-GLASS TRAILER ASSZHBEY TENTATIVELY APPROVED, Planning Director Hite introduced Mr. Don Anderson, an . officer of the Rauenhorst Development Corporation, and Mr. George Will, President I of Uni-Plastics, Inc., who requested that- the site at Highway P5-Cahill Road, rezoned for Accessories, Inc., be permitted to be used by Uni-Plastics for Bssabbly of fibre glass trailers. It was noted that use will be for "assemblyst, rather than for fabrication; that finished product will be stored outiifde; that petitioners will provide a screen of storage area from Highway #5; that about 40 employees will comprise the work crew. Mr. Hite recommended approval of request, and, stating he feels the most important consideration ke khe-case of the premises, Mr. Dickson moved for approval of the proposed use, subject to approval. thereof by the Planning Commission. Motion seconded by Beim and carried. COUNCIL ASKS THAT PUBLIC HEARING BE SCHEDULED FOR PROPOSED STORM SEWER FOR BLFCK YARD DRAINAGE (NEUMEISTER RESIDENCE, 5901 GRIMES AVENUE). report of June 8, concerning the difficulties on drainage of the Neumeister back yard, was reviewed by Council. for proposed storm sewer improvement, was seconded by Beim and carried. Manager Hyde's written Tupa's motion, that Public Hearing be scheduled EDINA NOT TO PARTICIPATE IN PLAN FOR DISTRIBUTION OF FEDERAL SURPLUS COXMIDITIES AND COHMODITY STAMPS. Council considered communication from County Commissioner SoEarl Ainsworth to Mayor Bredesen, dated June 9, 1961, relative to the plan for distribution of Federal surplus commodities and commodity stamps, and it was moved by Tupa, seconded byaDickson and carried, that Edina does not wish to participate in said plan, MILLER' S THIRD ADDITION TO BE PURCHASED FOR PARK-STORM SEWER DETENTION BASIN PURPOSES.- Recreation and Park Director French presented to the Council a recommendation made by the Park Board at its meeting this evening, after considerable deliberation and a field trip to the property, that "Miller's Third Addition"--a tract of approximately 3% acres of land and Zgl- acxs of water (Lake Cornelia) be purchased for $24,000, to be paid over either three or fbur-year period,. without interest--~rhicliever term is agreeable to otmer. This tract is bounded on the East by Cornelia Park, on the North by the Crosstown Highway, on the South by 66th Street, and on the West by Normandale Addition. There are seven buildable lots in the "land portion" of the tract. Mr. French told Council that this purchase will necessitate some adjustment in plans for 1962 and 1963 capital expenditures, but that the Board was of the opinion purchase must be made now if it is going to be made at all. Inasmuch as a part of the tract is within Lake Cornelia, which is proposed to be used as a storm sewer detention basin, and storage rights would have had to be secured for the water portion of the tract, Council was in agreement that part of purchase cost should be allocated against storm sewer improvement. Tupa's motion, that purchase of Niller's Third Addition be made, in accordance with Park Board's recommendation, was seconded by Beim and carried, ASSESSOR RECEIVES CWLDIENT. was read by Council. and valuation approaches. SANITARY SEWER EASEIENT IN PEARCE PROPERTY CONTINGENT UPON PROVISION FOR ACCESS TO HERITAGE DRIVE: REQUIREMENT FOR APARTMENTS. Katherine and Narie Pearce -refuse to grant easement for Sanitary Sewer in Cassin's Outlot No. 5 unless they receive access for their property from Heritage Drive; that owner Harmon Ogdahl has agreed to give road easement h~ village over the Easterly 50 feet of Lot 1, Block 2, Town Realty's Edina Terrace Third Addition-- providing the Village will agree to include the road easement area as "lot area" in computing buildable square feet for multiple dwellings on this tract. Dickson's motion, that Mr. Ogdahl's proposition be accepted, was seconded by VanValkenburg and carried. Nr. R.H. Peterson's complimentary letter of May 19, Letter praised Village Assessor for his ability, understanding, m ACCESS AVAILABLE SUBJECT TO VILLAGE AGR&"T ON LAND AREA I Planning Director Hite reported that the Misses 6/12/61 85 COUNCIL REQUESTS TRAFPTC C~NTROZ CHANGES AT T'NTERSECT'ION OP IITGHGPAY $100 I~TH 17.50TH STRFET: SIGNALS AT INTERSECTION OF HIGm7AY NO. 169 VITH INTERLACHEN BLVD. AllD BROORSIDE AVENUE. difficulties experienced in making left turns at the intersection of Highway No. 100 and W.50th St.; and also relative to the ever-increasing traffic snarls at Highway ikl69-Interlachen B1vd.-Brookside Avenue intersection. Some considerable discussion was had by the Council on Dickson ,offered I the following-. Resolution and moved its adoption: I ,*- e-- --*- -LC A,* ?-I--- .--.-.A*-* .,,_- __--_ - - *j: r- P"--% __ ' I - I Ji *I __-_ "- --- -*-I- *. -7- r c 1 i-d I , I--. WEREAS, the ViZLage ~2 Edina has been snd continues to be vitally l@EFEASB the Vi51age of Edina wishes to aqmss its desire to continue ' ' interested in traf.2ic safety on a13 streets and highways in Edinas and Lo cooperate v~ith the Stake of Pfiianeso-ta, Mennopin Countys and all other governmental subdivisions to promote safer dr5vlng conditions, and bWEPIEAS, the Village of Edha Por mamy yeaxs has been concerned afth the need for improvements to State Highways within the Village Limits9 and has made several represenLations to the Minnesota State Highway Department over %he years In regard k~ specific improvements, and I various plans 5or certain improveaenls to Highway6 180 and 16g8 each of ' which has received careful considerakion from the Village, and I i ** . *% I WEEAS3, the State Highway Department has from time to time presented