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HomeMy WebLinkAbout19610911_regularMINUTES OF THE &GULAR MEETING OF THE: EDfNA 1961, AT 7:OO P.M., AT EDINA VILLAGE HALL VILLAGE ComCxL, HELD MONDAY, SEPmER Ll, Members answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Tem Dickson presided in Mayor Bredesen's absence. Mayor Pro MINUTES of the Regular Meeting of August 14, 1961, were approved as submitted, by motion Tupa, seconded by VanValkenburg and carried. BUDGET FOR YEAR 1961 was formally presented to the Council by the Village Manager in accordance with provisions of the law. for further discussion was seconded by Beim and carried, Tupa's motion that budget be accepted $1,200,000 TEMPORARY IMPROVEMENT BONDS, SERIES D, SOLD. Clerk reported receipt of four sealed bids on $650,000 General Obligation Temporary Bonds maturing November 14, 1961. Said bids were read as follows: Interest Rate Premium FIRST EDINA NATIONAL BANK ) FIRST SOUTHDALE NATIONAL BANK) FIRST NATIONAL BANK, MPLS. ) 1.50% None FIRST NATIONAL BANK, ST.PAUL ) PIPER, JAFFRAY & HOEWOOD, MPLS. 2.40% $33 .OO NORTINESTERN NATIONAL BANK, MPLS . 2.00% $ 5.00 AMERICAN NATIONAL BANK, ST. PAUL 2.85% None Trustee Beim introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $1,200,000 TEMPORARY IMPROVEMENT BONDS, SERIES D BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as I,. It is hereby found, determined and declared that the Village has follows : heretofore ordered, in accordance with the provisions of Minnesota Statutes, Chapter 429, and after public hearing as required by law, the construction of various improvements as more fully described below, and has duly ordered, received and approved plans and specifications and entered into contracts for the construc- tion of said improvements after proper advertisement for bids; that the total benefits resulting from each of said improvements to the properties within the area proposed to be assessed therefor, as heretofore defined, will be not less than the cost of such improvement; that it is contemplated that the total amount of said cost, less such sum, if any, not exceeding 80% of such cost, as the Council shall determine should be paid by the Village, and less those sums to be provided from municipal state-aid street funds granted by the State of Minnesota, will be assessed against those lots and tracts of land specially benefited by the improvements; that the Village now owns easements and rights-of- way over all streets and other properties required for the construction of said improvements; that the Village now owns easements and rights-of-way over all streets and other properties required for the construction of said improvements; that the total cost of said improvements, other than not'to be paid from state-aid street funds, is presently estimated to be approximately $2,214,702.99; and that the designations of the improvements are as follows: Street Storm Sewer , Sanitary Sewer Wat e main Improvements Improvements Improvements Improvements A-122 BA-33 51 17 4 152 A-149 BA-34 52 175 153 A-150 BA-35 54 176 154 B-32 BA-36 55 177 155 B-68 C-82 56 178 156 B-69 E-6 58 180 157 B-70 E-7 59 182 158 B-fI E-8 60 183a 159 B-7g E-9 61 183b 160 B-73 E-10 62 184 162 BA-22 E-13 68 $1,200,000 to pay costs incurred and to be incurred in the near future with reference to the improvements described in paragraph 1 hereof, by the issuance of temporary improvement bonds pursuant to and in accordance with the provisions of Secti,on 429.091, Subdivision 3, Minnesota Statutes, as amended by Laws 1957, Chapter 385, and the resolution adopted by the Council on December 30, 1957, entitled "Resolution Establish- ing Temporary Iqrovement Fund and Authorizing the Issuance of Temporary Improvement Bonds". of Minneapolis, Minnesota, for the purchase of $650,000 principal amount of bonds at a price Of par and accrued interest and Upon the additional tern herein stated, and 2. It is necessary at this time for the Village to borrow the sum of A proposal has been received from the First National Bank of Blinneapolis, 9/11/61 f 99, S it is deemed to be in the best interest of the Village that the remaining $550,000 principal amount of the bonds be issued and sold to various sinking funds of the Village, at the same price and upon the same terms, there being moneys now on hand in such funds in excess of their requirements for the pay- ment of bonds and interest due prior to the maturity of the temporary bonds. The sale of the bonds i.s.. hereby copfirmed as recited aboye, and the bonds shall be forthwith issued and delivered to the.purchaser,and to the sinking funds listed below, and the fund of each of the improvements listed inparagraph 1 shall be incorporated in the Temporary Improvement Fund, and the proceeds of the bonds shall be credited to that fund and expended and accounted for as prescribed in said resolution, and said bonds shall be secured and the principal thereof and interest thereon shall be paid in accordance with the provisions of said resolution. 3. Improvement Bonds, Series D, shall be dated as of September 15, 1961, shall mature on November 15, 1961, without option of prior payment, and shall bear interest at the rate of 1.50% per annum from date of issue until paid, both principal and interest being payable at maturity to bearer at the main office of the First.Nationa1 Bank of Minneapolis, Minneapolis, Minnesota, The serial numbers, denominations and purchasers of the respective bonds are as follows: The bonds herein authorized shall be designated Temporary Serial Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 16 17 18 19 20 21 22 23 24 25 26 Denomination $ 25,000 25,000 25,000 25,000 25,000 25,000 50,000 50,000 50 , 000 50,000 50,000 50,000 50,000 50 , 000 100 000 $650,000 Purchaser First National Bank of Minneapolis $ 11,000 Joint Sewer Improvement No. 1- Fund $ 74,000 Permanent Improvement Revolving Fund 175,000 1951 Second Series Improvement Fund 41 , 000 1952 First Series Improvement Fund 68,000 1953 First Series Improvement Fund 28,000 Sanitary Sewer Improvement No. 53 Fund 31,000 Southdale Improvement Fund 42,000 43,000 12,000 Park Fund 25,000 Park Bond Sinking Fund 1954 First Series Improvement Fund 1954 Second Series Improvement Fund 4. The bonds of said series shall be forthwith prepared for execution -- under the direction of the Village Clerk and executed in substantially the form prescribed by said resolution of December 30, 1957. The bonds shall then be delivered to the respective purchasers upon payment of the par value thereof plus accrued interest thereon. credited by the Treasurer to the Temporary Improvement Fund, by entry on the Village's official books and records, and said bonds shall be deposited forthwith in safekeeping with a duly qualified bank, in the respective names of the funds to which the bonds have been sold. 5. The Clerk is further authorized and directed to file a copy of this resolution with the County Auditor of Hennepin County, and to obtain from said Auditor a certificate that said bonds have been duly entered upon his register. The purchase price thereof shall then be The motion for the adoption of the foregoing resolution was duly seconded by Trustee Tupa, and on rollcall there were Four ayes and No n,ays, as follows: Beim, aye; Tupa, aye; VanValkenburg, aye; and (Ma>or Pro Tern ... . PROPOSED SCWFI3R ROAD SANITARY SEWER TABLED AFTER PUBLiC &%RING. presented Affidavits of Publication in Edina-Morningside Courier August 31 and September 7, 1961, and of Mailing to affected property owners, of "Notice of Hearing", which affidavits were approved as to form and ordered placed on file. Sewer IN SCHAEFER RD. FROM INTERLACHEN BLVD, TO 900 FT. SOUTH: AND IN EASEMENT LINE FROM INTERLACHEN BLVD. TO 354 FT. NORTH. are three possible ways to serve those petitioning for the project; that the first route pianned was in Schaefer Road from Interlachen Blvd. to 900 Ft. South and in Interlachen Blvd. from Schaefer Road to Blake Road; that the high cost of this project ($37,526.83, proposed to be assessed against 12 connections for $3,127.24 per connection) caused the Hearing scheduled for August 28 to be cancelled. The two other routes are the one now under consideration, at a total assessable estimate of $25,631.14, is proposed to be assessed against 10 connections for Lateral Service, at $1,353.72, and against 22 connections for sub-trunk service at $549.72; those tracts which would receive lateral service would also be assessed for the sub-trunk; and, in addition, the Schaefer property would be assessed on a sub-trunk basis for the plattable lots in that tract: and an alternate to this route, which would carry the sewer south from Interlachen Blvd. only 620 feet, thus failing to serve the Schaefer tract, at a total estimated cost of $20,538.06, for $2,282.01 per connection. Mr. Hyde recommended the route as set forth in the Notice, charging the Schaefer tract, Lot 11, for sub-trunk service. The owner at 5225 Schaefer inquired as to who had signed petition, and the names of petitioners Wheeler, Aanenson, Bones and Dahlquist were read. Mr. F.L. Thorson, Attorney for Mr. and Mrs. Roy W. Larsen, owners of Lot 24, Auditor's Subd. No. 325 (6321 Interlachen Blvd.) presented letter stating the Larsens are opposed to sewer on Schaefer Road because they see no need for it; and they do not intend to connect with or use it; that the Larsens will not oppose sewer provided they are not assessed until they subdivide their property. With this letter was presented a declaration signed by the Larsens that they will not subdivide until a connection charge not in excess of an amount equal to that paid per connection by other users of the sewer has been paid. explained that it is proposed by the Village to assess the Larsen tract for two connections, on the supposition that the back of the tract can be subdivided into two lots. Mrs. Carl Rice, owner of Lots 25 and 26 (proposed to be assessed for two connections), objected to project, stating the Rices do not intend to use it. Mrs. Schaefer wanted to know if it is proposed to assess hercmter-covered property. proposed to be assessed for the number of lots plattable from the area. lot and was told it will have one sub-trunk and one lateral assessment. He expressed .himself as being definitely opposed to improvement. property over which there is no easement. the property cannot be secured by negotiation the Village does have the right of eminent domain. at this time, and was informed that this sewer should run south, and has not been petitioned for. Mr. Mark Dahlquist told Council he wants the sewer, but would like to have it at the least possible expense to those who do not want it; that it is all right with him to have the main cut off North of the Schaeferatract. Mrs. Frank Wheeler favored the project, saying she feels it is inevitable and will never be any cheaper, Letters filed by Mrs. Walter Bones and Mr. and Mrs. Vernon 0. Aanenson, in favor of the project, were read. Asked what the effect will be to the balance of the affected properties if the Larsens are not assessed, Mr. Hyde replied that the Larsens can be given a deferred assessment, in which case the proposed assessments to the balance of the properties will remain the same--or, the assessments against the balance can be raised, and then adjustments made at the time the Larsens subdivide and pay a connection charge. Mr. Hasselquist amended this explanation by stating that if the Larsens do not connect until after the assessment term is over no adjustment can be made; that, in this case, the Village would benefit. spoke in favor of improvement. the great differences in the grades of Blake Road and Interlachen Blvd. Mr. Hyde explained that the trunk sewer is some 30 feet below Blake Road and it is proposed to connect to the trunk and not to run to Blake. but this was proved inaccurate inasmuch as several owners on Schaefer Road south of the proposed improvement also voted. rather than majority opinion, Mr. Beim asked how much of an emergency exists. Clerk Pursuant to said notice, Public Hearing was held on proposed Sanitary Manager Hyde reported that there It was The answer was negative. Mr. Larry Malenfant, new owner Mr. Hyde explained that this tract is of Lot 28, inquired about charge to this Mrs. Roy Larsen asked how the Village proposes to put in a sewer line on She was reminded by Mr. Hyde that if Mrs. Larsen asked why sewer is not being run fromwestwood Court I Mr, Hagen of Hagen Bros., owner of Lot 1, Harold Woods Second Addition, Mr. Mafonfant asked concerning actual construction on his lot, in view of A show of hands informed Council that the majority was against the improvement, Saying he believes the Council should make its decision on the basis of need 9/11/61 281 Mrs. Wheeler stated that while the Wheelers have no definite need for the 'I* sewer at this time it is their feeling that the entire neighborhood will need it as the Schaefer property is developed, and that they also know the sewer may be needed at any time. replied his permit was granted before adoption of Ordinance requiring test. postponed indefinitely. Beim seconded the motion, saying that before the question he would like to geiberate,tliat the project will be necessary some time in the future, and to go on record as stating the project will be more expensive the next time it is proposed. Motion carried. * At a question fromMr. Hyde as to his having a percolation test, Mr. Dahlquist Tupa moved that,in view of the fact that no emergency exists, the project be PUBLIC HEARING ON PROPOSED SANITARY SEWER IN WARDEN AVENUE FROM JOHNSON DRIVE TO GATE PARK ROAD: RIDGE PARK ROAD FROM WARDEN AVE. TO JOHNSON DR.: GATE PARK ROAD FROM WARDEN AVE. TO HwY.#169. Edina-Morningside Courier, and of Mailing to affected property owners, of Notice Clerk presented Affidavits of Publication in of Hearing, which affidavits were approved as to form and ordered placed on-file, Pursuant to said Notice, Public Hearing was conducted on the above-entitled proposed project. Manager Hyde reported this is the project necessary to connect the Edina Highlands sewer project with the Trunk Sewer. He said that when the Edina Highlands job was being planned the Village thought the route of Highway 4169 was settled, and the developer had intended to go ahead with his plat-- that between then and now it is fairly well determined that No. 169 will not be in this location; and the developer proposes not to develop at this time. He explained that the plat in possession of the Village is only the Preliminary Plat; that the Village will have to condemn the property to install the sewer (which, in ordinany course, should have been put in by the developer) but that the tie-up is needed to serve the Edina Highlands area. Estimate of Cost was given as $20,390.52, proposed to be assessed against 37 lots, for $551.10 per Lot, with Robert Gisselbeck owning all property assessable. Mr. Hyde told Council that the developer will give easements providing a ten-year assessment is permitted, but Council has decided on three-year assessment and that is why Village must resort to condemnation. There were no objections from the floor, and no written objections had been received prior to Hearing, and Beim offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT SANITARY SEWER IMPROVEMENT NO. 191 BE IT RESOLVED by the Council of tlie'village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed imp rovement : CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING STREETS AS PROPOSED ON THE PRELIMINARY PLAT OF EDINA PARKLANDS ADDN. LYING EAST OF OF JOHNSON DRIVE AND HIGHWAY #169: WARDEN AVENUE FROM JOHNSON DRIVE TO GATE PARK ROAD, RIDGE PARK ROAD FROM lJARDEN AVE, TO JOHNSON DRIVE, GATE PARK ROAD FROM WARDEN AVE. TO HIGHWAY ill69 and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEVER IMPROVEMENT NO, 191, and the area to be specially assessed therefor includes all lots and tracts of land abutting the proposed streets as given on the proposed Preliminary Plat of Edina Parklands Addn . Motion for adoption of the Resolution was seconded were four ayes and no nays, as follows: Beim, aye ' Mayof Pro Tem CONDEMNATION AUTHORIZED FOR EASEMENTS FOR SANITARY SEWER IMPROVEMENT NO. 191. Beim then moved that the Village proceed with condemnation of easements for the above entitled Sanitary Sewer. Motion seconded by Tupa and unanimously carried. PUBLIC HEARING ON PROPOSED WATERMAIN IMPROVEMENT IN 17.56TH ST. FROM MIRROR-LAKES DR. TO DUNDEE RD.: IN EASEMENT LINE FR(M DUNDEE RD, TO HEATHER LANE: IN HEATHER LANE: IN Hwy.8169 FROM HEATHER LANE TO EDEN Pl!UYERIE RD.: IN EDEN PRAIRIE RD. FROM HWY.#169 TO BLAKE RD,: IN BLAKE RD, FROM EDEN PRAIRIE RD. TO HWY.#169: IN H!?Y:#169 FROM BLAKE RD. TO fEglgw. GLEASON RD. : IN GLEASON RD. FRON HIiY.#169 TO VALLEY VIEW RD. : AND IN VALLEY VIEW RD. FROM GLEASON RD. TOqANTRIM RD. Clerk presented Affidavits of Publication in Edina-Morningside Courier, and of Mailing to affected propertysowners, of Notice of Hearing, which Affidavits were approved as to form and ordered placed on file. Pursuant to said Notice, Public Hearing was had and action taken as hereinafter recorded. 9/11/61 202 Manager Hyde explained that the present Trunk Watermain ends at W.56th St. and HwJT.#169, and that in order to get water to the growing Southwest area it is necessary to have a 12" trunk main; that this system follows the over-all plan for completion of a village watermain system; needed, right now, for the new Catholic Church; that the new Junior High School will need it within a year or two, and that there are several proposed subdivisions which will be developed in the near future, where most people feel it is advisable to install Village water before homes are built and wells are dug. The estimated assessable cost of the entire project was given as $192,863.35, proposed to be assessed as follows: He explained that the improvement is i A Trunk 'I?atermain Assessment of $.42 per front foot on all platted property A Lateral Assessment for those properties .abutting the proposed Watermain, in the benefited district; $115.50 per Acre on all unplatted acreage. of $4.50 per front foot., A- -" - LL -; .? Mr. Hyde reported that the only work proposed for this fall would be from Gleason to Antrim on Valley View Road; that the balance will be finqshed in.spring and summer of 1962. being installed mainly for the benefit of the churches and school, asked what the cost would be to these three institutions to dig adequate wells. that he does not have this information, but he feels it does not make good sense to figure this way, because of the new subdivisions which will be building up very quickly and which will require water. basic water system for the area we must have a 12'' loop in the system. Indian Hills area and that he is very much concerned as to whether they will ever be served by this trunk main, voiced his definite oppositibn to the improvement. that all lots in the subdivision have at least 150 front feet, that some have as high as 500 feet in frontage, yet every lot is restricted to one dwelling. stated he believes it would be fair thinking to limit assessable footage to 200 or 250 foot maximum; that he is in favor of the trunk main; that he feels there is no inequity in making an assessment to Indian Hills because he believes there will soon be requests for laterals, there. Mr. H., J. Ratelle, 6716 Arrowhead Pass, told Council he has an engineering friend's advice that this proposed improvement cannot possibly service his property; that if he can be convinced that the 12" main will permit service to his property he will not object. procedure for Mr. Ratelle, project generally, asked about the unplatted stretch south of his home. He was informed that acreage will be assessed at an estimated $115.50 per acre for the trunk watermain. down to Nark Terrace Drive,was told this is a matter of neighborhood petition. 8169, inquired as to their property, and were,informed they will get the $115.50 per acre trunk assessment. property and were informed that the Village has no plans because it has received no petitions. fronting on Gleason Road, asked concerning his assessment. Was informed he would receive a trunk assessment only if the lots in his proposed plat do not dbionttan the trunk main. Mr. Hnpp, stating that the possibility of Indian Hills' being served is most remote, suggested Council consider2Ietting those pay for lahe main who will get. the service from it". Nr. Amid Carlson of Arvid Carlson & Son, who now control some 50 acres in the assessable district, spoke in favor of the trunk improvement. Mr. Lewis Jones, 5717 South Blake Road, asked if it is the intent to dig up the entire street.again, and was informed that the watermain will be constructed as far out on the shoulder as is possible. Mr. S. T. Robb, 6405 Indian Hills Road, stating he feels that the main is Mr. Hyde replied He added that in order to provide a Nr. Geo. F. Hupp, 6421 Indian Hills Road, saying there are 92 lots in the Mr. H. R. Burton, saying he still owns some lots in Indian Hills, told Council He Quite some time was spent in reviewing Village engineering I Mr. R. E. Beedee, 6920 Mark Terrace Drive, stating that he is in favor of the Mr. Beedee then inquired as to the possibility of getting laterals Mr. and Mrs. John Hume, owner of acreage at County Road #18, south of Highway They inquired abou! plans for taking laterals to their Mr. Karl Krahl, stating that his Preliminary Plat shows none of his lots Beim then offered the following Resolution and moved its adoption: RESOLUTION ORbERING IMPROVEMENT WATERMAIN IMPROVEMENT NO. 163 BE IT RESOLVED by the Council of the Village of.Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed improvement: CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOVING: V.56TH ST. FRW MIRROR. LAKES DRIVE TO DUNDEE ROAD EASEMENT LINE FROM DUNDEE ROAD TO mATEFER LANE HIGHlJAY NO, 169 FROM -HEATHER *E TO EDEN PRAIRIE ROA? EDEN P-RIE ROAD FR6M HIGHWAY NO. 169 TO* BLARE ROAD BLAKE ROAD FROM EDEN PRAIRIE ROAD TO FGHWAY NO. 16? HIGHc7AY NO, 169 FROM BLAKE ROAD TO GLEASON ROAD GLEASON ROAD FROM, HIGHlJAY NO. 169 TO VALLEY VIEl? ROAD VALLEY VIW ROAD FROX GLEASON ROAD TO ANTRIM ROAD and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of .HEATHER Lm 9/11/61 I 203 the pertinent facts does hereby determine to proceed with the construction of said improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO. 163, and the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: "Commencing at the intersection of the centerline of U.S.J&y.#169-212 and the V. line of Sec. 6, T. 116, R. 21; thence Southerly along the W. line of Sec. 6 and 7, T. 116,R. 21 to the S.W. corner of Sec. 7; thence Easterly along the S. line of Sec. 7 a distance of 550 feet; thence Northerly, parallel with and 550 feet Easterly of the West line of said Sec. 7 to the N. line of the S.1/2 thereof; thence Easterly along the N. line of said S. 1/2, a distance of 400 feet; thence Northerly parallel with and 950 feet Easterly of the W. line of Sec. 7, to the N. line of the SW1/4 of the NW1/4; thence Easterly along the N. line of the SW1/4 of the NW1/4 and the SE1/4 of the NW1/4 to the centerline of County Road.39 (Valley View Rd.); thence Southerly, Easterly and Northerly along said centerline to its intersection with the S. line of the NE1/4 of the NW1/4 of Sec. 7; thence Easterly to the SW corner of the NE1/4 of the NE1/4 of said Sec. 7; thence Northerly to the NW corner of the S. 10 acres of the NE1/4 of the NE1/4; thence Easterly along the N. line of said S. 10 acres to the NE corner thereof; thence Northerly along the E. lines of Sections 7 and 6, T. 116, Range 21 and their Northerly extension to the centerline of U.S. Hwy.8169-212; thence Northeasterly along the centerline of said U.S. Hwy. to its intersection with the Southerly extension of the West line of Lot 7, B1. 2, Mirror Lakes Meadow-Wood Second Addn. to Edina Highlands; thence Northerly along the W. line of said Lot 7 and its Southerly extension to the SE corner of Lot 6, B1. 2, Mirror Lakes Meadow-Wood Second Addition to Edina Highlands; thence Westerly, Northwesterly and Northerly along the Southerly and Westerly lot lines of said Lot 6 to the NW comer thereof; thence Westerly along the Northerly lot line of Lot 5, said B1. 2, to the NW Corner thereof; thence Northerly along the Easterly line of B1. 1, Highwood Addn. to Edina Highlands to the N.E. corner of said B1. 1; thence Westerly to the Nt? corner thereof; thence Southerly along the W. line of said B1. 1, and its Southerly extension to the centerline of Highwood Drive; thence Westerlyalong said centerline to the W. line of West Highwood Drive; thence Southerly along said W. line of West Highwood Drive to its intersection with the N. line of B1. 3, Valley Park; thence Westerly along the N. line of said B1. 3 and its 'Westerly extension to the W. line of Blake Rd.; thence Southerly along the W. line of Blake Rd. to the NE corner of Lot 10, B1. 1, Parkwood Knolls 8th Addn.; thence Southwesterly to the N.W. corner of said Lot 10; thence Southwesterly, Northeasterly and Northwesterly along the rear lot lines of Lots 1 thru 10, B1. 1, Parkwood Knolls 8th Addn. to the most Northerly corner of Lot 1, said B1. 1; thence Northwesterly to the S.E. corner of Lot 5, B1. 2, Parkwood Knolls 5th Addn.; thence Northwesterly along the rear lot lines of Lots 1 thru 5 said Block to the S.W. corner of Lot 1, said B1. 2; thence I?. a distance of 30 feet more or less to the W. line of the SE1/4 ofsthe NE1/4 of Sec. 31, T. 117, R.21; thence Southerly along said W. line and the W. line of the NE1/4 of the SE1/4 to its intersection with the centerline of U.S. Hky.#169-212; thence Southwesterly along said centerline to the point of beginning. Also included are Lots 7 and 8, Block 2, Mirror Lakes-Meadow-Wood 2nd Addn. to Edina Highlands and the NW1/4 of the SW1/4 of Sec. 5, T. 116, R. 21." Motion for adoption of the Resolution was seconded by VanValkenburg, and on I PUBLIC HEARINGS ON "DANGEROUS AND SUBSTANDARD" (UNCOMPLETED) DWELLINGS AT 6005 AND 6008 LESLEE LANE. mail to the owners, Public Hearings were conducted to determine whether these structures should be ordered repaired (completed), removed or demolished, in accordance with provisions of Ordinance No. 148A. Mr. Hyde explained Hearings had been initiated by petition from neighbors; that he has letter from Yund- Peterson, Inc., owners, promising completion of 6005 on September 1, 1961, and of 6008 on March 1, 1962. Mr. Herbert Leeffler, representing owners, reported on progress since August 22nd, when he became aware of the conditions, saying No. 6005 is practically finished; that No. 6008 is fully capped and all openings have been sealed. Mr. Howard Lindow, 6001 Leslee Lane, one of the petitioners, told Council that it has become apparent that unless neighbors forced the issue nothing would be done to complete these dwellings; that the neighbors appreciate 6005's being completed but would like some assurance that 6008 will be finished with dispatch. He suggested Council's requiring a performance bond. Attorney Hasselquist said he would have to review ordinance before he could know whether a bond can be required--but that the Council certainly has the power to order completion by specified date. Manager recommended that Council order completion of No. 6005 by September 30, 196% on March 1, 1962 for No. 6008, and Tupa so moved. Pursuant to "Notice of Public Hearing" mailed by registered Motion seconded by Beim and carried. 9/11/61 CONTRACTS AWARDED FOR SANITARY SEVER IMPROVEMENTS NOS. 188, 189, 191, AND 175-A, WATERWIN IMPROVEMENT NO. 152-A AND STREET IMPROVEMENT NO. C-83. Tabulation of Bids taken last Friday and today, on the above entitled improvements, pursuant to published advertisements, were presented and action was taken as hereinafter recorded : .' Tabulation of Bids on SANITARY SEVER IMPROVEMENTS NOS. 188 AND 189, taken September 8, showed receipt of eight bids, all considerably below Engineer's estimate. Low bidder was Northern Contracting i-ompany at $79,925.05; second-low, Coburn-and Meek at $82,433.60; third-low, Orfei & Son at $84,984.24; high bidder, Peter Lametti Const. Co., at $116,892.65. Manager Hyde recommended award of contract to low bidder, and VanValkenburg so moved. carried. Northern Contracting Company's bid was $65,569.55 for Sanitary Sewer No. 188, $14,355.50 for Sanitary Sewer No. 189. Tabulation of bids taken today on SANITARY SEVER IMPROVEMENTS NOS. 191 AND 175-A, AND IJATERMAIN IMPROVEMENT NO. 152-A, showed receipt of four bids, Northern Contracting Co. being low bidder at $15,825.60; J.A. Danens & Son, Inc., second- low, at $17,374.99; Coburn & Meek, third-low at $17,831.61; and high bidder, Orfei & Son at $17,927.66. Recommendation was for award to Northern Contracting Company, and Tupa so moved. Motion seconded by Beim and carried. Bid was $14,614.60 $or Sanitary Sewer No. 191; $1,211.00 for Sanitary Sewer No. 175-A and Watermain No. 152-A. . showed only two bids received, that of Terry Bros., Inc., at $3,402.14, and J.A. Danens & Son, Inc., at $4,488.04. VanValkenburg Is motion for award to low bidder was seconded by Beim and carried. Motion seconded by Beim and Tabulation showed receipt of only two bids for STREET D@RI~VMNZ NO. C-83 Manager recommended award to Terry, and PARK SODDING CONTRACT AWARDED TO HOULE. bids taken today on sod for Cornelia School-Park, Highlands Park and other Village parks, was presented by Mr. Hyde, with the recommendation that contract be awarded to Houle Landscaping, low bidder on "cultured sod in place*' at $.35 per Sq.Yd. Three bids were received, Don-Jon, Inc., being high bidder at $.48 for Cultured, $.36 for field sod in place, Houle bidding only on the cultured sod at $.35 in place, and Munn Baca Landscaping bidding only on the field sod, at $.30 per Sq. Yd. Tupa's motion for award of contract in accordance with recommendation was seconded by Beim and carried. Park Department's Tabulation of Bids on "GASLIGHT LANE" TO BE CHANGED BACK TO "GLOUCHESTER AVENUE"? Mr. Tuscany appeared before the Council to support a surprise,petition, dated September 2,.for change in the name of the recently-changed "Gaslight Lane" back to Glouchester Avenue". New petition is signed by owners of eleven residences. Public Hearing on petition for Monday, September 25. and carried. TWFIC SIGNALS TO BE INSTALLED AT W.54TH ST. AND FRANCE AVENUE. presented for Council consideration an agreement drafted by Minneapolis, between Biinneapolis and Edina , for installation of traffic signals at the intersection of 54th and France. in accordance with plans approved by both Minneapolis and Edina; that Edina will maximum charge to Edina being $4,050; that, upon completion of installation, Minneapolis will maintain signals and operate them; that Edina will pay 75% of this cost and Minneapolis will pay 25%. enter into this contract, Manager Hyde asked for authority to execute it upon Attorney's approval, and VanValkenburg so moved. Motion seconded by Tupa and carried. installation at a bad comer, and Council was gratified to have matter settled. Beimmoved, scheduling. Motion seconded by Tupa Manager Hyde Agreement provides that Minneapolis will install the signals . pay 75% of the cost, Minneapolis 25%; total estimate being $5,400, and the Heartily recommending that the Village Negotiations have been in process for a considerable time for this 'LEAGUE OF MINNESOTAMUNICIPALITIES SCHEDULE OF 1961 REGIONAL MEETINGS was duly noted by Council. MEETING SEPTEMBER 29 ON "RULES & REGULATIONS FOR STATE-AID OPERATXONS", to be conducted by State Commissioner of Highways, was duly announced.. Mr. Hyde told Council representatives from this office will attend meeting. PETITION FOR GRADING & GRAVELING STUART AVE., GROVE ST. TO BENTON AVE. was presented and, by motion Beim, seconded by Tupa and carried, was accepted and referred to the Engineering Department for programming. ESTOW CoRPoRA~ON REQUESTS RELEASE OF BOND FOR FILLING LAKE EDINA 2ND ADDITION LOTS 1 THRU 22, BLOCK 4. Lake Edina 2nd Addition Lots can now be released. Village is now in receipt of a letter from Estow Corporation, dated September 8, 1961, informing Village that lots are now at the required elevation of 825 Ft. Mr. Stow reported that the residents have agreed to have the lots ''dug into'' for 25 to 50 feet back of the Lake. Mr. Hyde told Council there is still a large pile of dirt near Mr. Struck's home, to which Mr- Sturck has been objecting for quite some time. certificate should be furnished, certifying to the lots' being at the required level, before the Village releases bond. Manager will be directed to release bond as SOOn as the Engineer's certificate Attorney Josiah Brill asked whether the bond fgr filling Also, that an Engineer's Mr. Brill asked Council of the Village 9iiii6i is furnished and accepted. that any lot being cut off is strictly a private matter.. Captain Gans inquired about the matter of rear lot lines where trucks have been running. He reported that when the road was being built up along the water front there was a "super- elevation" at the rear lot lines; that, if this is not smoothed down the storm water will be trapped and unable to drain--and that drainage problems are con- tinually causing the Village much trouble. Mr. Stow reiterated that this is a private matter between Estow Corporation and'the property owners. as to whether EstowCorporation has any private agreement with Mr. Fisher for clean- ing up Hibiscus Ave., and Mr. Stow answered that there is no such private agreement-- that he does not have a private agreement with any dirt hauler for street clean-up. Attorney Brill told Council he feels the matter of the ridge along the'reajl: lots cannot be tied with the matter of elevation; that Village Attorney will tell the Council that when Estow entitled to have the bond released. that the elevation and drainage of the rear lots are inseparable and entirely compatible; that it was interpreted that the low point of 825 Ft. should be at the rear of the lot, because if there is any point toward the house which is lower than 835 there will be a dralnage problem. Attorney Hasselquist inquired if the entire lots are up to 825 Ft., and Mr. Stow replied that they are, beyond the point where *hey:are-being cut out. Trustee Beim asked if all the lots are being cut back, and Mr. Stow reported lots are being cut back for all those who want it, Some inquiry was made about easements for storage of water in that part of the lots being cut back,and Mr. Stow told Council that he would be glad to help Village obtain these easements although he is no longer personally interested. Stating he would like to see this for himself, and would like to have the Village Engineer's approval, and assuring Mr. Stow that when the proper papers are in and the Village Engineers give their approval the bond will be released, Mr. Beim moved that the matter be &aid over to the next meeting. Motion seconded by VanValkenburg and carried. Mr. Stow told Council that the dirt is up to 825--$()5 i Mr. Hyde inquired Corporation has complied with the terms'of the bond it is Explaining to Mr. Brill, Captain Gans stated a rn 8C CI SPECIAL ASSESSMENTS HEARINGS SCHEDULED FOR MONDAY, OCTOBER 9, 1961. Manager Hyde told Council that several special assessment rolls are now ready; that October 10 is the final date on which the County Auditor will accept them for spread with this year's taxes. at the Regular Meeting of October 9, and Beim offered the following Resolution and moved its adoption: . He recommended that Public Hearings be conducted RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS: SANITARY SEWER IMPROVEMENT NO, 176: STORM SEWER IMPROVE- .. MENTS NOS. 53, 54 AND 56, STREET IMPROVEMENTS NOS. BA-22 AND E-6 BE IT RESOLVED by the Council of the Village of Edina as follows: for the improvements set forth in the six Notices of Hearings forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots,, pieces and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. of notices of hearings hereinafter contained, to pass upon said proposed assess- ments; and the Clerk is hereby authorized and directed to publish notices of said hearings in the official newspaper in accordance with law; said notices to be in substantially the following form: 1. The Clerk and Engineer having calculated the proper amounts to be assessed 2. This Council shall meet at the time and place specified in the forms (A) NOTICE OF ASSESSMENT HEARING ON .- SANITARY SEWER IMPROVEMENT NO. 176 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961, at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improvement. Clerk and open to public inspection. SANITARY SEWER IMPROVEMENT NO. 176 - Construction of Village Sanitary Sewer and appurtenances in Code Avenue from West 60th Street to 503.64 ft. North of 'Nest 60th Street. The area proposed to be assessed for the cost of the above improvement includes all lots and tracts of land abutting the street improved. Assessments for the above improvement will be payable in ten equal consecu- tive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment ht the rate of 5% per annum from the date of the resolution levying the assessment to December 31,1962. interest at the same rate for one year on all unpaid installments. of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to' the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Gretchen S. Alden This assessment is now on file in the office of the Village To each subsequent installment will be added The owner of any property assessed for the above improvement may pay the whole Village Clerk 2 CP 6 / 9/11/61 NOTICE OF ASSES$ME.NT ,HEMRG ON STORM SEWER LMPROVWNT NO. 53 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961, at 7:OO o’clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improvement. Clerk and open to public inspection. STORM’SEWER IMPROVEMENT NO. 53 - Construction of Village Storm Seuer and Appurtenances in the following: A stormwater detention basin within the property described as follows: “Beginning at the NE corner of Lake Edina Addn. in Sec. 31, T.28NI, R.24W; th. North 200 Ft,; th West 200 Ft.; th South 200 Ft.; th East 200 Ft. to point of beginning: Lake Edina Addn., Block 1, Replat, from Larkspur Lane, NEly approximately 245 Ft. to the detention basin. The area proposed to be assessed for the cost of the above improvement includes all lots and tracts of land within the following described boundaries: “Beginning at a point which is 350 ft. easterly of the West line of Sec. 31, Twp. 28N, R. 24TJ and 70 ft. South of the centerline of N.70th Street; th. South- westerly to a point which is 175 ft. East of the West line of said Sec. 31 and 100 Ft. northerly of the NE comer of Lot 1, Block 2, Lake‘Edina Addition; th southerly to the said NE corner of said Lot I; th southerly to a point on the East line of Lot 20, said Block 2 which is 80 ft northerly of the centerline of Aspasia Lane, measured perpendicularly to said centerline; th easterly along a line 80 ft from and parallel to the centerline of Aspasia Lane to a point 80 ft West of the centerline of Larkspur Lane; th southeasterly to the intersection of the centerlines of Larkspur Lane and Aspasia Lane; th southerly along the center- line of Larkspur Lane a distance of 80 ft; th easterly along a line parallel to the centerline of Aspasia Lane to a point 80 ft westerly of the centerline of West Shore Drive, measured perpendicularly to said centerline; th northerly along a line 80 feet westerly of and parallel to West Shore Drive to the south line of Lot 2, Block 9, South Garden Estates 3rd Addn.; th westerly to the sI;I corner of said Lot 2; th NWly to a point on the South line of Lot 11, Block 1, of the pro- posed Ameson’s Addition as approved by the Edina Village Council on July 28,1958, 30 feet West of the SE comer; th northerly along a line 60 ft Vest of and parallel to the centerline of the road in said Addition to a point 70 feet South of the centerline of W.70th St.; th westerly along a line which is 70 ft South of and parallel to W.70th St. to the point of beginning”. Assessments for the above improvement will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. at the same rate for one year on all unpaid installments. whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. Gretchen S. Alden Village Clerk r’, This assessment is now on file in the office of the Village A pipe along the East lot line of Lot 1, Block 1, I To each subsequent installment will be added interest at The owner of any property assessed for the above improvement may pay the (C) NOTICE OF ASSESSMENT HEARIXG ON STORM SEWER IMPROVEMENT NO. 54 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961 at 7:OO o’clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improve- ment. to public inspection. STORM SEWER IMPROVEMENT NO. 54 - Construction of Village Storm Sewer and appurtenances in Nooddale Avenue from West 54th St. to Minnehaha Creek. The area proposed to be assessed for a portion of the cost of said improve- ment includes all lots and tracts of land within the following described boundaries: “Comencint at a point on East line of Wooddale Avenue a distance of 315 Ft South of the center of Sec. 18, Twp. 28, R. 24; th.South along East line of TJooddale Avenue to NTJ comer of Lot 15, Country Blub District, Wooddale Section; th East along North line of said Lot 15, 35 ft.; th South and parallel to East line of Wooddale Avenue to South line of said Lot 15; th SWly to SW corner of Lot 14, Country Club District, Wooddale Section; th South along East line of Wooddale Avenue to NW comer of Lot 5, Country Club District, Wooddale Section; th SEly to SE comer of said Lot 5; th SEly to a point on South line of W. 52nd St., said point being 50 ft East of NW corner of Lot 1, Block 3, South Harriet Park; th S?ly to SI? comer of said Lot 1; th SJly to a point on North line of Lot 15, Block 3, South Harriet Park, said point being 20 ft West of NE corner thereof; th South and parallel to East line of Wooddale Avenue to South line of Lot 14, Block 3, South Harriet Park; th SWly to a point on North line of Lot 12, Block 3, South Harriet Park, said point being 65 ft East of MJ corner of said Lot 12; th SWly to a point on South line of Lot 12, Block 3, South Harriet Park, said point being 35 ft East of SW corner thereof; th Sly, parallel to and 35 ft East of East line of Wooddale Avenue a distance of 40 ft; th SWly to SW corner of Lot 11, Block 3, South Harriet Park; th South to NW corner of Lot 20, Block 4, South Harriet Park; th SEly to a point in Lot 20, said point being 35 Et East and 12 ft South of NW This assessment is now on file in the office of the Village Clerk and open t I . 9/1i/61 corner thereof; th South to a point on North line of Lot 18, Block 4, South 2 0 7 Rarriet Park, said point being 35 Et East of corner thereof; th SEly to a point in 'Lot 18, said point being 50 ft East and 10 ft South of NW corner thereof; th South to a point in North line of Lot 11, Block 4, South Harriet Park, said point being 50 ft East of NW corner thereof; th SWly to SW corner of said Lot 11; th South to centerline of West 54th Street, which is the South line of Sec, 18, Twp. 28, R. 24; th West along South line of Sgc. 18, Twp. 28, R. 24 a distance of 153 ft; th MJly t a defJection angle of 68 a distance of 455 Et.; th Nly at a dgflection angle of 12 a distance of 80 ft; th East at a deglection angle of 90 a distance of 200 ft; th NEly at a deflection angle of 45 to a point 7 ft West of West line of Wooddale Avenue; th North and parallel to West line of Wooddale Avenue a distance of 560.1 ft; th West at right angles a distance of 40 ft; th North at right angles a distance of 160.1 ft; th NEly to a point on the centerline of 'Nest 53rd Street extended, said point being 7 Et .West of West line of 'Wooddale Avenue; th North and parallel to West line of Wooddale Avenue a distance of 251.7 ft; th NWly at a deflection angle of 45' a distance of 35.25 ft; th Nly at a deflection angle of 45' a distance of 225 ft; th NEly at a deflection angle of 22'30' a distance of 27.95 ft; th North at a deflegtion angle of 22030' a distance of 25 ft; th NEly at a deflection angle of 22 30' a distance of 27.95 ft; th NWly at a deflection angle of 22'30' a distance of 27.95 Et; th Nly at a deflectiog angle of 22'30' a distance of 100 ft; th NEly at a deflecgion angle of 22 30' a distance of 27.95 ft; th Nly at a deflection angle of 22 30' a distance of 50 ft; th Wly at right angles a distance of 30 ft; th SWly at a deflection angle of 35' a distance of 45 ft; th Nly at a deflection angle of 123O30' a distance of 50 ft; th Ely at right angles a distance of 37.5 ft; th Nly at right antles a distance of 25 ft; th Ely at right angles a distance of 12.5 ft; th Nly at right angles a distance of 125 ft; th Wly at right angles a distance of 30 ft; th Nly at right angles a distance of 50 ft; th Sily at a deflection angle of 125O a distance of 45 ft; th StJly at a deflection angle of 25' a distance of 55 ft; th SWly at a deflection angle of 17'30' a distance of 37 Et; th NWly at a deflection angle of 97' a distance of 30 ft; th NEly at a deflection angle of 87O a distance of 30 ft; th NEly at a deflection angle of 25' a distance of 50 ft; th NEly at a deflection angle of 34O a distance of 65 ft; th Ely at a deflection angle of 27' a distance of 22 ft; th Nly and 7 ft West of West line of Wooddale Avenue a distance of 85 ft; th East to point of beginning". Assessments for the above improvement will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with inthrest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or may make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. The owner of any property assessed for the above improvement may pay the Gretchen S. Alden Village Clerk NOTICE OF ASSESSMENT HEARING ON STORM SEWER IMPROVEMENT NO. 56 D3 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improvement. Clerk and open to public inspection. STORM SEWER IMPROVEMENT NO. 56 - Construction of Village Storm Sewer and Appurtenances in the following: Westridge Blvd. from Hunter Street to Highland Road Highland Road from Westridge Blvd. to Tracy Avenue; Arbour Lane from Lot 1, Block 2, Countryside Addition to Tracy Avenue Hillside Road from most Wly corner of Lot 3, Block 3, Valley View Heights Tracy Avenue from Countryside Road to Ollinger Road (Tracy Avenue); thence This assessment is now on file in the office of the Village Addition to Ollinger Road (Tracy Avenue) South on Tracy Avenue (Ollinger) along a line 16 feet from the East right-of-way line of Tracy Avenue to a point distant 375 feet South of the centerline of Ollinger Roag; thence South 48' West 370 Feet; thence West 320 feet; thence South 53 West, 35 feet to end storm sewer; thence open ditch continuing South 53OWest, 565 feet; thence South 4'West, 462 feet; thence South 45OWest, 276 feet; thence South 533 feet to creek. The area proposed to be assessed for a portion of the cost of this improve- ment includes all lots and tracts of land within the following described boundaries: 9/11/61 "Beginning at the intersection of Tracy Avenue and Whiting Avenue; th NE to the SW comer of Block 1, Valley View Heights Addition; th in Block 1, Valley View Heights Addition NEly to a point in Lot 11, said Block 1, which point is 50 ft North and 5Ooft East of the SI.J comer of said Lot 11; th Nly and parallel to the East line of Tracy Avenue to a point in Lot 15, Block 1 which point is 50 ft North and 50 ft East of the S? comer of said Lot 15; th East and Nly to a point on the Ely line of Lot 4, said Block lwhich point is 90 ft Sly of the NE corner of said Lot 4; th SEly to a point on the Sly extension of the West line of Lot 7, Block 3, Valley View Heights Addition distant 30 ft from the SI$ corner thereof; th NEly to the NW corner of said Lot 7,Block 3; th along the North line of said Lot 7 to the NE comer of said Lot 7; th along the East line of Lot 15, Block 3, Valley View Heights Addition, and its Nly extension, to the centerline of Crest Lane; th NEly to a point on the South line of Lot 19, Block 3, Valley View Heights Addition distant 50 ft from the SE comer of said Lot 19; th NWly to the SW comer of Lot 2, Block 4, Countryside Addition; th NEly to a point on the East line of Lot 2, Block 4, Countryside Addition distant 70 ft South from the NE corner of said Lot 2; th Ely to a point distant 35 ft West and 100 ft North from the SE comer of Lot 1, Block 4, Countryside Addition; th Sly to a point on the South line of Lot 1, Block 4, Countryside Addition distant 50 ftlqest of SE comer of said Lot 1; 'th SEly to a point 30 ft North and 80 ft East of SW comer of Lot 3, Block 4, Valley View Heights Addition; th Nly to a point on the South line of Lot 10, Block 8, Countryside Addition distant 100 ft West from East line of said Lot 10; th NWly to a point distant 60 ft East of the NW corner of Lot 11, Block 8, Countryside Addition and on the North line of said Lot 11; th NEly to a point 70 ft North and 38 ft East from the SF7 corner of Lot 12, Block 8, Countryside Addition; th NWly to a point on the South line of Lot 5, Block 7, Countryside Addition distant 20 Et East from the SW comer of said Lot; th NWly to a point on the South line of Lot 11, Block 6, Countryside Addition distant 25 ft East from the !3J comer of said Lot 11; th NLJly to the S? comer of Lot 9, Block 1, Edina Countryside Addition; th NNly to a point dh the f?est line of Lot 10, Block 1, Edina Countryside Addition distant 40 ft North from the SW corner of said Lot 10; th TJly to the intersection of the centerline of Countryside Road West of Tracy Avenue with the West line of Tracy Avenue; th l?ly to a point on the North line of Lot 8, Block 3, Lyle 2nd Addition distant 40 ft Vest from the NE comer of said Lot 8; th SWly to a point on the West line of Lot 8, Block 3, Lyle 2nd Addition distant 100 ft South from the NCJ comer of said Lot 8; th SEly to a point on the South line of Lot 11, Block 3, Lyle 2nd Addition distant 50 ft Best from the SE comer of said Lot 11; th Sly to a point on the South line of Lot 3, Block 3, Countryside Addition distant 85 ft West from the SE comer of said Lot 3; th SEly to a point on the South line of Lot 4, Block 3, Countryside Addition distant 85 ft West from the SE comer of said Lot 4; th SEly to a point distant 55 ft West and 32 ft South of the NE comer of Lot 6, Block 3, Countryside Addition; th Wly to a point distant 40 ft East and 80 ft North of the SI? comer of Lot 1, Block 2, Countryside Addition; th SEly to a point distant 35 ft West and 140 ft South of the most Nly comer of Lot 1, Block 1, Kiichli's Addition; th SJly to a point on the South line of Lot 1, Block 1, Kiichli's Addition distant 110 ft West from the SE corner of said Lot 1; th SEly to a point on the South line of Lot 2, Block 1, Kiichli's Addition distant 85 ft West from the SE corner of said Lot 2; th South to a point 19 ft North and 120 ft East fromthe SW comer of Lot 3, Block 1, Kiichli's Addition; th Ely to a point on the East line of said Lot 3 distant 12 ft North of the SE comer of said Lot 3; th South along the West right- of-way line of Tracy Avenue to the intersection with the centerline. of Ollinger Road; th West along the centerlinesof Ollinger Road 660 ft; th South and along the West line of a 30 foot road easement 693 Et to the South line of a 30 foot road easement; th East along said South line of road easement to the centerline of Tracy Avenue; th South to point of beginning". Assessments for the above improvement will be payable indten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, wibh interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of any property assessed for the above improvement may pay the whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. I I Gretchen S. Alden Village Clerk CE) NOTICE OF SPECIAL ASSESSMENT HEARING ON STREET IMPROVEMENT NO. BA-22 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improve- ment. public inspection. STREET IMPROVEMENT NO. BA-22 - Construction of Concrete Curb &Gutter and Bituminous surface treatment in Wooddale Avenue fromTJest 50th Street to Tower Avenue. This assessment is now on file in the office of the Village Clerk and open to ~/11/61 The area proposed to<be assessed for a portion of the cost of the above improvement includes all lots and tracts of land abutting the street improved. Assessments for the above improvement will be payable in five equal consecutive annual installments over a period of five years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments . whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. 209 i The owner of any property assessed for the above improvement may pay the Gretchen S. Alden Village Clerk. ( F) NOTICE OF ASSESSMENT HEARING ON STREET IMPR0VE;MENT NO. E-6 NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at the Edina Village Hall on Monday, October 9, 1961 at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the above improve-. ment. This assessment is now on file in the office to public inspection. curb in: of the Village Clerk and open STREET IMPROVEMENT NO. E-6 - Construction of concrete paving and integral Tracy Avenue from 150 feet South of Benton Avenue to Vhiting Street; Whiting Street from Tracy Avenue East a distance of 350 feet more or less. improvement includes all lots and tracts of land abutting the streets improved. annual installments over a period of ten years, with first year payable with the taxes for the year 1961 collectible in 1962, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1962. the same rate for one year on all unpaid installments. whole of the assessment without interest to the Village Treasurer on or before November 30, 1961, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. The area proposed to be assessed for a portion of the cost of the above Assessments for the above improvement will be payable in ten equal consecutive To each subsequent installment will be added interest at The owner of any property assessed for the above improvement may pay the Gretchen S. Alden Village Clerk Y Motion for adoption of Resolution was seconded by VanValkenburg, and on Rollcall I CONTRACT WITH HENNEPIN COUNTY FOR DIVISION OF COSTS ON CROSSTOWN HIGHWAY IMPROVEMENTS FORMALLY RATIFIED. (COUNTY TO PAY 55% OF STORM SEWER TRUNKS, 50% OF SERVICE DRIVE LATERALS, AND 100% OF BALANCE OF IMPROVEMENTS. memorandum, dated September 5, 1961, concerning contract with Hennepin County for division of costs oE improvements in the Crosstown Highway from Xerxes Avenue to approximately Highway No. 100. Mr. Hyde asked for formal ratification of this contrac.t, entitled "AGREEMENT FOR DIVISION OF COST FOR GRADING, STORM-SEWER SYSTEM AND BRIDGES--County Project No. 5624, State Project No. 27-622-01, Minn. Project U106-1 (l)*', which provides that the County will pay 55% of the cost of the trunk line storm sewers in the Crosstown, the Village will pay 45%; the County and Village will each pay 50% of the cost of the service road storm sewer laterals; the Village will pay a-lump sum amount of $2,500 for its share of the engineering of the storm sewer main trunk and service road laterals, and the County will. pay 100% of the cost of the balance of crosstown improvements--grading and bridges, motion formally ratifying agreement as requested by Village Manager, was seconded by Tupa and carried. Estimate of Cost, under contract, for the Village's share of the two Village-approved storm sewer improvements, STORM SEWER NO. 55 (Lateral 1 of Main 3), and STORM SEWER NO. 57 (Lateral 9 of Main l), is $87,120.64 plus Manager Hyde presented his written VanValkenburg's I $2,500 for Engineering. "NO-PARKING ONE-SIDE" REGULATIONS ESTABLISHED FOR TRACY AVENUE FROM BENTON TO HIGHWAY #169: W.7OTH ST. FROM HIGHWAY #lo0 TO FRANCE AVENUE. It was reported that the State Highway Department is now requesting formalization of Council's intent to restrict parking to one side of each of the above entitled streets; and VanValkenburg offered the following Resolution and moved its adoption: 9/11/61 RESOLUTION AUTHORXZTNG $%CUTTON OF AGREEMENT 'BEBnEN THE: VILLAGE OF EDINA AND COMMISSIONER OF €lIGWAYS, STATE OF MINNESOTA WHEREAS, the Commissioner of Highways of the State of Minnesota has submitted to the Village Council for execution an agreement relating to restriction of parking on those streets and avenues wherein Municipal State Aid funds are used in improving said streets and avenues, Mayor and Village Clerk are hereby authorized and directed to execute for and on behalf of and in the name of the Village of Edina an agreement between the Village and the Commissioner of Highways whbrein the Village agrees to restrict parking to one side of each of the following streets: TRACY AVENUE, between a point 150 Feet South of the South Line of Benton Avenue and T.H. 169. NON, BE IT RESOLVED by the Village Council of the Village of Edina, that the (1) (2) WEST 70TH STREET, between T.H. 100 and France Avenue. I Notion for adoption of the Resolution wad seconded by Beim, and on RoIJcall there Dickson, aye; and the Resolution was adopted. HEARIKG AND BIDS AUTHORIZED, ON IMPROVEMENTS. of Sanitary Sewer Service for those persons on Valley View Road near Wooddale Avenue (where there is a bad sanitary condition) has not yet been settled, Manager Hyde asked for authorization to conduct a Hearing on this improvement on September 25. Reminding Council that the matter VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION BRQXLRING~'EOR,PIJBLIC HEARING ON PROPOSED SANITARY SE[.7ER DIPROVEMENT BE IT RESOLVED by the Council of the Village of Edina: report as to the feasibility of the proposed SANITARY SEI?ER 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 public hearing the views of all persons interested in said proposed improvement. 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 form: 1. The Village Engineer, having submitted to the Council a preliminary 2. This Council shall meet on Monday, September 25, 1961, at 7:OO P.M., in I 3. The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEARING ON SANITARY SElJER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, September 25, 1961, at 7 rOO P.M. , to consider the following proposed improvement; to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398. cost of said improvement is estimated by the Village as set forth below: . The approximate ESTIMATED COST ' CONSTRUCTION OF VILLAGE SANITARY SENER ANI) APPURTENANCES IN THE FOLLOWING: Wooddale Ave. from Garrison Lane to 480' North; Valley View Rd. from the centerline of Oaklawn Avenue extended to 406' Vest $13,623.46 The area proposed to be assessed for the cost of the above proposed improvement includes Lot 1, Block 1, Miller's Addition; Parcel $1200 and #1400, Sec. 30, T.28, R. 24; Parcel #1700, #1900, f.1612, V1603, and #740, Sec. 19, T.28, SB24. GRETCHEN S. DEN Village Clerk Motion for adoption of the Resolution was seconded by were four ayes and no nays, as follows: Beim, aye; Tupa, lution was ' Mayo; Pro Tem Beim then offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLBNS AND SPECIFICATIOYS FOR PROPOSED SANITARY SEWER TWR0VEMENTS.Y GL'L.,. . - '- AND DIRECTING ADVERTISEMENTS FOR BIDS BE IT RESOLVED by the Village Council of the Village of Edina: Improvements set forth in the following Advertisement for Bids forms, heretofore lerk are gereby appr%ve3. 1. The plans and specifications for the proposed Sanitary Sewer .. - *. .i Erepared b the Villa e ngineer and now on file in the office of the Village 2111 9/ ii/6 i 2. Courier and the eonstruction Bulletin the following notice for bids for said improvements : ADVERTISEMENT FOR BIDS The Clerk shall cause to be published'twice in the Edina-Morningside SANITARY SEWERS 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., Monday,-September 25, 1961, and the Edina Village Council will meet at 7:OO P.M. on Monday, September 25, 1961, to consider said bids, being for the following: CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: 1. Wooddale Ave. from Garrison Lane to 480' N. Valley View Rd. from the center line of Oaklawn Ave. extended East Service Drive of Hwy.#lOO from Valley View Road to 675' South to 406' W. 2. 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 $10.00 (by check), which deposit will be refunded upon return of said plans and Specifications. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all bids. NY ORDER OF THE EDINA VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk 0 23 an a M m i - - hereby adepted as the terms and conditions of award of the contract for said imp rovemen t s . Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Beim, aye; Tupa, aye. VanValkenburg, aye; 3. '-EacH andsall of the terms of the foregoing advertisement for bids are and Dickson, aye; and the Resolution was adopted. ;' '/ ' * /$. 9;&);,9 ;$4z- ' ' ' Mk$or Pro fem SANITARY SEWER EASEMENTS AND STORM SEWER EASEMENTS CONDEMNATION AUTHORIZED. Engineer Zikan presented a list of easements, for which negotiations have been unsuccessful, and which easements are urgently needed for construction of sanitary and storm sewers for which contracts have already been awarded. He recommended condemnation, and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION FOR CONDEMNATION OF UTILITIES EASEMENTS WHEREAS, it is necessary, advisable and in the public interests that the Village of Edina acquire land for storm sewer and sanitary sewer purposes; and WHEREAS, in order to accomplish such purpose, it is necessary for the Village of Edina to acquire perpetual easements across, over and under certain lands as designated and described on Exhibit A attached hereto and made a part hereof; and WHEREAS, the efforts of the Village of Edina to obtain perpetual easements across, over and under such lands have been unsuccessful; and WHEREAS, by reason of failure of the Village to obtain said perpetual easements across, over and under such lands it has become necessary to procure the easements for storm sewer and sanitary sewer purposes over those lands designated and described on said Exhibit A by right of eminent domain. procure said perpetual easements across, over and under said lands 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. "Exhibit A" is herewith typed into these Minutes on the following NOW, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to (Note: pages) Motion for adoption of the Resolution was seconded by Tupa, were four ayes and no nays, as follows: Beim, aye; Tupa, and Dickson, aye; and the Resolution was adopted. < &ayor Pro Tem ..., 9/11/61 EXHIBIT A 212 PAR& A-1 ,Ad easement in perpetuity for storm sewer purposes, including the right to enter pr the purpose of constructing , maintaining , altering, repairing, and recons truck- -irng-*a-storm sewer system in, under, and over the following described tract of land: The Westerly Ten (10) feet of the following described tract: That part of the Southeast quarter of the Northwest Quarter lying Southerly of West 56th Street, Northerly of U. S. Highway Number 169 and 212, and Easterly of Lot 9, Block 2, Mirror Lakes Meadow-Wood Second Addition to file in the Minnesota. Names of persons follows : John B. Halloran Name - Edina Highlands, according to the recorded plat thereof on office of the Register of Deeds in and for Hennepin County, interested in said parcel and the nature of their interest are as Nature of Interest Fee Owner 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 Easterly Ten (10) feet of Lots 28 and 29, 'Wormandale Third Addition", according to the recorded plat-thereof on file 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 : Dorothy Mary Natole Joseph John Natole Fee Owners - Name Nature of Interest PARCEL A-3 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 Easterly Five (5) feet of Lots 25, 26 and 27, and the IJesterly Five (5) feet of Lots 24 and 30, all in "Normandale Third Addition", according to the recorded plat thereof on file 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: First Construction Corporation, a Minnesota corporation Fee Owner Name Nature of Interest - PARCEL A-4 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: A strip of land Ten (10) feet in width acress Tract B, Registered Land Survey No. 519, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Hennepin County, Ninnesota, the center line of which is described as follows: Beginning at a point on the South line of said Tract B 190 feet East of the most Easterly comer thereof; thence Northwesterly to a point on the Northwesterly line thereof, which point is 147 feet Northwesterly from the point of beginning, and there terminating. Names of persons interested in said parcel and the nature of their interest are as follows: Super Homes , a co-partnership consisting of Gregory G. Super and Mike T. Pribula Fee Owner Name Nature of Interest .- PARCEL A-5 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 Northwesterly Ten (10) feet of Lot 10, Block 2, 'Valley View Heights", according to the recorded plat thereof on file in the office of the Registrar of Titles in and-for Hennepin County, Ninnesota. Names of persons interested in said parcel and the nature of their interest are as follows: Name - Robert C. MacNeil and I Nature of Interest I G. J. Roddy, co-partners engaged in business as MacNeil and Roddy State of Minnesota I.. R. Martin Fee Owners Tax Certificate Interest Unknown An easement in perpetuity for storm sewer purposes, includ,,ig the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described tract of land: A strip of land five (5) feet in width, the center line of which is described as follows: Beginning at a point on the South line of West 64th Street, which point is seven and five tenths (7.5) feet West and Twenty-five (25) feet South of the Southeast corner of Lot 30, "No'rmandale Third Addition"; thence southerly and at right angles to said South line of West 64th Street to Nine Mile Creek a distance'of approximately Six Hundred Sixty-five (665) feet, and there terminating, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Hennepin f ounty, Minnesota. Names of persons interested in said parcel and the nature of their interest are as follows: United Properties, Incorporated a Minnesota corporation, Fee Owner - Name Nature of Interest PARCEL B-1 An Easement in perpetuity for storm sewer and sanitary sewer purposes, including the rkght to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer and sanitary sewer system in, under, and over the following described tract of land: A strip of land Sixty (60) feet in width over that part of Lots 1 through 5, Garden Park, Hennepin County, Minnesota, the centerline of which is described as follows: Beginning at a point on the West line of Lot 5, Three Hundred Twenty-two and Seventy-two Hundredths (322.72) feet North of the Southwest corner thereof; thence East at right angles with said west line Forty-nine and Eighty- four Hundredths (49.84) feet to a point of curve to the left; thence along said curve, having a radius of One Hundred Forty-four and Forty-five PARCEL A-6 9/11/61 213 .An easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described tract of land: The Southeasterly Ten (10) feet of Lot 11, Block 2, "Valley View Heights", according to the recorded plat thereof on file 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: Robert C. MacNeil and G. J. Roddy, co-partners engaged in business as MacNeil and Roddy Fee Owners State of Minnesota Tax Certificate I?. R. Martin Interest Unknown Name Nature of Interest - PARCEL A-7 An easement in perpetuity for storm sewer purposes, including the right to enter for the purpose of Constructing, maintaining, altering, repairing, and reconstructing a storm sewer system in, under, and over the following described tract of land: 'A strip of land Ten (10) feet in width lying across Lot 9, Block 2, "Valley View Heights", according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Hennepin County, Minnesota, the Southeasterly line of which is described as follows: thence running Southwesterly to a point on the Southwesterly line of said Lot 9 which is also the most Northerly corner of Lot 10, Block 2, said "Valley View Heights" and there terminating. Names of persons interested in said parcel and the nature of their interest are as follows: Commencing at the Northeast corner of said Lot 9; Name - Robert C. MacNeil and Nature of Interest G. J. Roddy, co-partners engaged in business as MacNeil and Roddy Fee Owners Thorpe Bros., Inc. Interest Unknown James R. Thorpe Interest Unknown PARCEL A-8 214 9/11/61 0 Hundredths (144.45) feet and central angle of 45 06'42" an arc distance of One Hundred Thirteen and Seventy-three Hundredths (113.73) feet to a point of tangent; thence on said tangent One Hundred Forty and Eighty- seven Hundredths (140.87) feet to a point of curve to the left; thence along said curve to the left having a radius Eight Hundred Thirty-six and Twenty-five Hundredths (836.25) feet and a central angle of 13°38'18'8 an arc distance of One Hundred Ninety-nine and Six Hundredths (199.06) feet to a point of tangent; thence along said tangent Five Hundred Eighty-five and Forty-three Hundredths (585.43) feet and there terminat- ing; also a strip of land Sixty (60) feet in width, Thirty (30) feet on each side of a line described as follows: last described line One Hundred (100.0) feet Southwesterly from the point of termination; thence Northwesterly at right antles with said last described line a distance of Thirty (30) feet to a point of curve Lc :'rto::tbe right; thence along said curve to the right having a radius of Two Hundred Ninety-seven and Seventy Hundredths (297.70) feet and a central angle of 32°20'03" an arc distance of One Hundred Sixty-eight (168.00) feet to a point of tangent; thence along said tangent Three Hundred and Two and Eighteen Hundredths (302.18) feet to a point on the Southerly right-of-way line of State Highway No. 169, also a strip of land Sixty (60) feet in width Thirty (30) feet on each side of a line described as follows: Beginning at a point on the West line of Lot 3, Garden Park, Nine Hundred Fourteen and Sixty-two Hundredths (914.62) feet North of the Southwest corner of Lot 5, Garden Park; thence East at right angles with the West line of said Lot 3 a distance of Two Hundred Fifty and Thirty-three Hundredths (250.33) feet to a point of curve to the right; thence along said curve to the right having a radius of Two Hundred Sixty-eight and Seventeen Hundredths (268.17) feet and a central angle of 31 15' an arc distance of One Hundred Forty- six and Twenty-six Hundredths (146.26) feet to a point of tangent; thence along said tangent Eighty-eight and Seventy-eight Hundredths (88.78) feet, and there terminating, all according to the recorded plat thereof on file in the office of the Register of Deeds in and for Hennepin County, Minnesota. Names of persons interested in said parcel and the nature of their interest are as follows: Beginning at a point on the Name Nature of Interest - Edward J. Lynch Eleanor M. Lynch Fee Owners Robert V. Gisselbeck Cont2actrgor Deed Purchaser Felix Moses Mortgagee (4ND 'fEXHIBIT A") And VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION FOR CONDEMNATION OF SANITARY SEWER EASEMENT WHEREAS, it is necessary, advisable and in the public interest that the TJLIEREAS, in order to accomplish such purpose, it is necessary for the Village of Edina acquire land .for sanitary sewer purposes; and . Village of Edina to acquire perpetual easements across, over and under that tract of land described on Exhibit A attached hereto and made a part hereof; and WHEREAS, THE efforts of the Village of Edina to obtain perpetual ease- ments across, over and under said land have been unsuccessful; and WREREAS, by reason of failure of the Village to obtain said perpetual easements across, over and under said land it has become necessary to procure the easement for sanitary sewer purposes over said land designated and described on said Exhibit A by right of eminent domain. NOW, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure said perpetual easement across, over and under said land for the purposes here- inbefore 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. (Note: Exhibit A is herewith typed into these Minutes on the following page) - I Motion for adoption of the Resolution was seconded by Tupa, and,on Rollcall there and Dickson, aye; and the Resolution was adopted. were four ayes and no nays, as follows: Beim, Mkyor Pro Tern Village Clerk 215 . 9/.1m EXHIBIT A An easement in perpetuity for sanitary sewer purposes, including the right to -- enter for the purpose of constructing, maintaining, altering, repairing, and reconstructing a sanitary sewer system in, under, and over the following described tract of land: A strip of land 30 feet in width lying in the Southwest Quarter of the Northwest Quarter, Section 5, Township 116, Range 21, according to the United States Government Survey thereof, Hennepin County, Minnesota, the centerline of which is described as follows: Commencing at a point on the West line of said Southwest Quarter of the Northwest Quarter 744.6 feet Southerly from the Northeast comer thereof; thence Northeasterly to a point 149 feet East of said West line and 61 feet North of a line 744.6 feet Southerly of and parallel with the North line of said Southwest quarter of the Northwes't Quarter, and there terminating. 7 Name Nature of Interest Names of persons interested in said parcel and the nature of their interest are as follows: Ruth Mary Davis Jerome Patrick Davis Pearl Davis Inchoate Cathriae Patricia Hogan a/k/a Catherine Pa'tricia Hogan Fee owner of an undivided one-sixth William P. Hogan Inchoate Elizabeth Michael Davis Hutchison Fee owner of an undivided one-sixth Travis Lee Hutchison Inchoate Mary Alice Hodgson Fee owner of an undivided one-sixth Robert Ho dg s on Inchoate Fee owner of an undivided one-third Fee owner of an undivided one-sixth (END OF EXHIBIT A) DOYLE'S ADDITION FINAL PLAT APPROVED. Plat, reporting to CounciT that everything is in order for its approval, and Beim moved for approval of final plat in accordance with Planning Director's recommendation. Planning Director Hite presented this Final Motion seconded by Tupa and carried. BROOKVIEW HEIGHTS 4TH ADDITION FINAL PLAT APPROVED. recommended approval of this Final Plat, and Beim so moved. Tupa and carried. CLAIMS PAID. September 11, 1961: General Fund, $10,804.13; Construction Fund, $39,121.27; Park, Park Construction & Swimming Pool, $10,236.21; Water Fund, $24,456.04; Liquor Fund, $42,124.03; Sewer Rental Fund, $355.48; Improvement Funds, $425.50; Poor Fund, $295.03--TotalY $127,817.69. Motion seconded by Beim and carried. Planning Director Hite Motion seconded by Tupa moved for payment of the following Claims as per Pre-List dated VanValkenburg's adjourning motion was seconded by Tupa, and carried, being for adjournment to Monday, September 18, 1961, 7:OO P.M., at the Village Hall. Adjournment was at 9:30 P.M.