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HomeMy WebLinkAbout19611023_regularCLAIMS PAID. dated October 9, 1961, was seconded by VanValkenburg and carried: Swim Pool, $416.86; Water Fund, $896.42; Liquor Fund, $27,072.78; Sewer Rental Fund, $515.07; Improvement Funds, $571.48; Poor Fund, $78.45--TotalJ $38,079.36. Dickson's motion for payment of the following Claims, as per PPe-List General Fund, $7,999.80; Construction Fund, $528.50; Park, Park Const. & LETTER ADVOCATING PUBLIC FALL-OUT SHELTERS REFERRED TO CIVIL DEFENSE DIRECTOR. Mrs. Charles Tatsuda's letter suggesting public fall-out shelters for two-block areas was read, discussed, and referred to Civil Defense Director Bennett. 0. A. SKYBERG'S PROTEST TO COUNCIL AGAINST NEN POLICY OF ASSESSMENT ON STREET IMPROVEMENTS was discussed. No action taken. The evening's agenda's having been covered, VanValkenburg moved for adjournment. Motion seconded by Beim and carried. Meem adjourned at 9:35 P.M. I MINIJTES'OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, OCTOBER @8, 1961 , AT 7 :00 P.M. , AT THE EDINA VILLAGE HALL Rollcall was answered by members Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of October 9, 1961, were approved as submitted, by motion Beim, seconded by Dickson and carried. PUBLIC HEARING CONDUCTED ON PETITION OF MESSRS PILNEY AND DREHER FOR REZONING FROM OPEN DEVELOPMENT DISTRICT TO IiULTIPLE RESIDENCE DISTRICT OF LOT 3 AND IJ.60 FT. LOT 2, BLOCK I, STEVENS FIRST ADDN. Morningside Courier on October 12 and 19, 1961 and of Posting October 11, 1961,"of "Notice of Public Hearing on Petition for Rezoning", and Planning Director Hite reported the mailing of said notice to affected property owners. notice, Mayor Bredesen called Public Hearing on the above entitled petition. Hite told Council that petition has been submitted in order that petitioners might construct a 9-unit apartment, eight units of which will be rental, and the other a caretaker's apartment in the basement. building, and a plan showing the site's relation to other buildings in the area-- the Church across Indianola Avenue, the duplex directly to the East, the Bank across W.50th St., and the one-family dwelling to the South. Planning Commission recommendation of October 4th was reviewed , being unanimously favorable to the proposal; and it was noted that there will be six garages in the basement, and three in a separate building; also, that the Commission has recommended the lowering of the overall height of the building by lessening the amount of rise in the hip roof, and that at least three off-street spaces be provided for guest parking. Mr. Pilney was present and told Council that garage on lower level will accommodate 12 cars; that if roof is considered too high, it can be adapted so that it will be architecturally'correct. There were no objections from the floor* and none had been received prior to the Hearing. has requested that plan be brought back for its approval before building permit is issued. Dickson offered the following Ordinance, moving that Council waive second reading and adopt Ordinance as submitted: Clerk presente'd Affidavits of Publication in Edina- Pursuant to Mr. He showed a sketch of the proposed Mr. Hite reported that Commission ORDINANCE NO. 261-63 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE: VILLAGE OF EDINA, ESTABLISHING ADDITIONAL EiULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows : I "(k) Lot 3 and the West 60 Feet of Lot 2, Block I, Stevens First Addition." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. seconded by VanValkenburg, and on Rollca follows: Beim, aye; Dickson, aye; Tupa and the Ordinance was adopted. e were five ayes and no nays as Village Clerk *Much later in the evening, after proponents had left the meeting, the property- ;* *245 lO/W ? 61 orher of the one-family dwelling directly to the South, objected to the rezoning. bowl" because second-floor tenants will be able to look down on his bakk yard, and on the grounds that insufficient off-street parking has been provided for visftors. parking places. Objector asked if there is any way that "No-Parking" provision can be extended south; he told Council that parking Church will be complicated by this new multiple dwelling--that his 0~7n children and others on the street are endangered by parking on the street. objector that, insofar as height of building is concerned, it will be no higher than the duplex next door; and Council told him that if "No-Parking" is established, it must apply to along the street. No action was taken on objector's request for re-consideration of petition, inasmuch as proponents had already left the meeting, objector had been notified of the time of the Hearing, and Planning Commission had recommended favorably on the petition. i He objected on the grounds that he will be living in a "goldfish Mr. Hite reported that the plan shows provision for 15 off-street problem occasioned by the Mr. Hite told him and his neighbors as well as to any others wishing to park PUBLIC HEARING CONDUCTED ON PETITION OF 1.L.JOHNSON AND R.L. LILLESTRAND FOR ESTABLISHMENT OF TEMPORARY EXCAVATION DISTRICT ON 2-1/2 ACRF: TRACT DIRECTLY SOUTH OF PROSPECT HILLS FIRST ADDITION. Edina-Morningside Courier October 12 and 19, 1961, and of Posting Bctober 11, 1961, of "Notice of Public Hearing" on petition for establishment of a TEMPORARY EXCAVATION DISTRICT of the following described property: the W1/4 of the NW1/4 of the NW1/4 of Section 8, Township 116, Range 21 bounded by lines commencing at a point on the N. line thereof a distance of 440 Ft. W. of the NE corner, thence to the NE corner, thence to the SE corner, thence W. on the S. line a distance of 220 Ft., thence NW to the point of beginning." Mr. Hite reported that notices had been mailed to affected property owners. said Notice, Public Hearing was conducted on petition. October 4th secommendation of the Planning Commission, favorable to the granting of the petition providing that petitioners first enter into an agreement with the Village for replacing top soil and seeding after excavating. Hr. Hite explained that the proposed excavation of 10,000 cubic yards of material is in connection with the development of a residential tract just south of Prospect Hills First Addition. To an inquiry by the Council as to whether excavation will cause any drainage problems, Mr. Hite answered negatively, reporting that the excavation is simply to take the top from a large hill. Trustee Tupa asked if there is objection by the neighbors, and Mr. Hite told Council that the neighbors have no objection if the topsoil is replaced right away and the ground is seeded. noted that petition'ers want to excavate immediately, whereas actual development will not be until some time next year. home directly north of the proposed excavation district; that he and his wife are in favor of the way developers are planning to go ahead. No objections were offered at the Hearing, and none had been received prmor thereto. the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Clerk presented Affidavits of Publication in That part of the S1/2 of Pursuant to Council reviewed the It was Mr. Merton Bell told Council he has a Tupa offered ORDINANCE NO. 262-3 AN ORDINANCE AMENDING ORDINANCE NO. 262, REGULATING THE USE OF LAND IN TRE VILLAGE FORMINING, STRIPPING AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL TEMPORARY EXCAVATION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2, (Excavation Districts Created) of Ordinance No. 262, "An Ordinance Regulating the Use of Land in the Village for Mining, Stripping and Extraction PurposesYn as amended, is hereby further amended by adding at the end of said section the following: "Area No. 6. 'That part of the S1/2 of the SW1/4 of the NN1/4 of the NW1/4 of Section 8, Township 116, Range 21 bounded by lines commencing at a point on the N line thereof a distance of 440 Ft. W. of the NE corner, thence to the NE corner, thence to the SE comer, thence W. on the S. line a distance of 220 Ft., thence NW to the point of beginning."' Section 2. This ordinance shall be in effect immediately upon its passage and publication, Motion for waiver of second reading and adoption of Ordinance as offered was seconded by Beim, and on Rollcall there were s and no nays, as follows: Beim, aye; Dickson, aye; Tupa, aye; VanValke e; and Bredesen, aye; and the Ordinance was adopted. 10 / 2 3 I6J. 2 4 COIJN&tL GI&KI!S ?WE-FOOT SIDE YARD kAKANCE iOR k&&E A? 314 VAN BU&N AVE. Planning birector Hite reported the mailing of Notices of Hearing to affected property owners, and pursuant to said Notice, Public Hearing was conducted on the petition of Mr. M. J. Paulsen, 314 VanBuren Avenue, for a zoning variance to permit a three-foot side yard on Lot 9, Block 3, West Hinneapolis Heights, in order that he might construct a garage without removing a large tree. Mr. Paulsen supported his petition. There were no objections registered. Beim moved that petition be granted. Motion seconded by Dickson and carried. PARK DIRECTOR FRENCH DImCTED TO CONTACT NR. PAULSEN, 314 VAN BUREN, RELATIVE TO CUTTING OF BANK. Hr. Paulsen told Council that the Park Department has left a four-foot bank behind his property; that this ground will slide down onto his yard unless something is done. Nr. French was directed to contact Mr. Paulsen with regard to relief for Mr. Paulsen. I I PUBLIC HEARING CONDUCTED ON PROPOSED DETACHMENT OF PART OF OLD "STREETCAR RIGHT- OF-5IAY FROM VILLAGE OF EDINA FOR PURPOSE OF ANNEXATION BY CITY OF HOPRINS -- PROPERTY BETlJEEN JEFFERSON AND MONROE AVENUES. Planning Director Hite told Council neighbors are aware of the Public Hearing this evening on this proposed detachment. He reviewed for Council the August 14th Public Hearing, the proposal being the same as it 97as at that time--Edina will release to Hopkins by change of boundary that strip of land lying North of a line 30 feet North of Blocks 5 and 6, West Minneapolis Heights, between the centerline of Jefferson Avenue and the center- line of Monroe Avenue. souCh of the present Edina north boundary line, will then dedicate to Hopkins a 15-foot wide strip at the south enddof the Super-Valu strip, for road purposes. This will give a 60-foot roadway, 30 feet of which will be Edina's and 30 feet of which will belong to Hopkins, the road to be maintained on a cooperative basis by the two municipalities. Hopkins will vacate its 2nd Street. At the August 14th Hearing, this Council had asked for a commitment from Super-Valu that the south 18 feet of its property would be used only as a buffer and not for either outdoor storage, or buildings. Mr. Hite told Council that Hopkins' zoning ordinance will not permit a building within 40 feet of the line, which will eliminate part of the neighbors' August 14th objection (neighbors had asked that there be no encroachment by Super-Valudwith either building or outdoor storage) but that Hopkins does permit storage; and that he has talked with some of the neighbors concerning Super-Valu's commithent to construct a fence to screen storage space and there is no objection to this plan. Super- Valu has made a written commitment to construct a six-foot fence along the southern boundary. Mr. Hite recommended that Council approve the petitioned detachment on condition that fence be installed and that there be no access from Super-Valu onto Third Street. the Council the procedure to be followed, and Beim offered the following Reso- lution and moved its adoption: Super-Valu, which owns a strip of land 33 feet wide,just Village Attorney Hasselquist explained to RESOLUTION (RELATIVE TO DETACHMENT OF CERTAIN LANDS FROM THE VILLAGE OF EDINA, AND ANNEXATION THEREOF TO THE CITY OF HOPKINS) WHEREAS, the Village Council of the Village of Edina, after hearing the views of all persons interested, and being fully advised in the premises, has determined that the detachment of certain lands from the Village of Edina and the annexation of said lands to the City of Hopkins will be for the benefit of the.Village of Edina and for the benefit of such lands; and apolis and St.Pau1 Suburban Railroad Company, a Minnesota corporation, the fee owners of the land being detached, have consented in writing to the detachment of said lands and to the annexation of said lands by the City of Hopkins; and ing to the detachment and annexation of the said lands to the City of Hopkins, which consent and intention is expressed by a written resolution; NOW, THEREFORE, BE IT RESOLFD That upon the order of the Minnesota Municipal Commission acting under Minnesota Laws 1959, Chapter 686, Section 6, as amended by Minnesota Laws 1961, Chapter 645, Section 6, the following described parcel of land now located in the Village of Edina shall be detached from said Village of Edina and annexed to the City of Hopkins, which parcel is described as follo~~s, to-wit : WHEREAS, Super Valu Stores, Inc., a Delaware corporation and the Minne- WHEREAS, The City of Hopkins has considered the matter and is also consent- That part of the Northwest quarter (NW 1/4) of Section 30, Township 117, Range 21, and of Blocks 5 and 6, West Minneapolis Heights," described as follows: thence East along the North line of said Section 30 to its intersection with the East line of Jefferson Avenue as dedicated in the plat of said Uest Minneapolis Heights extended to the North line of said Section 30, being the point of beginning of the tract of land to be described; thence South along said East line of said Jefferson Avenue and its extension to a point in the West line of Lot 26, Block 6, West Minneapolis Heights", Distant 30 feet North of the Southwest corner thereof; thence Easterly on a line 30 feet North of and aparallel with the South lines of Lots 1 Commencing at the Northwest corner of said Section 30; 10/23/6 I 241 h W 50 and 26, Block 5, said "West Minneapolis Heights", and the extensions of said lines, to the center line of Monroe Avenue as dedicated in the - op'laa: -of"said "West Minneapolis Heightscn;-ad-ehe-exeee19sielss-e€-said &%Res: thence Northerly along the centerline of said Monroe Avenue to the North line of said Section 30; then Westerly along the North line of said Section 30 to the point of beginning. BE IT FURTHER RESOLVED That upon the issuing of the order of the Minnesota 1 . Municipal Commission, the Mayor and the Clerk of the Village of Edina are hereby authorized to do all things necessary to be done in the transfer of the rights of the Village of Edina in and to any municipal improvements located within said attached land to the City of Hopkins; which transfer shall include but not be limited to the rights of the Village of Edina solely for street and highway purposes in and to Lots 1 and 26, except the South 30 feet thereof, in Blocks 5 and 6, West Minneapolis Heights." Motion for adoption of Resolution was seconde pa, and on Rollcall there LAKE EDINA 2ND ADDITION LAKE LOTS SUBSTANTIALLY FILLED: BOND TO BE HELD PENDING RECEIPT OF EASEMENTS AND ENGINEER'S CERTIFICATE. Manager Hyde and Captain Gans reported that the Lake Edina 2nd Addition "shortened" Lake Lots are now sub- stantially at the level of 825 feet; that the Village has not yet been furnished with either the Estow Corporation Engineer's certificate, or easements for water storage rights on that part of the lots not filled. that he had promised to talk with Mr. Hite about these easements, and that this may be one reason why the easements have not yet been filed. Messrs. Hyde, Gans and Hasselquist all recommended that the bond not be released until both engineer's certificate and water storage easements on all land below 825 feet had been received, and it was so ordered. Mr. Hasselquist reported SUBURBAN CHEVROLET COMPANY AIqARDED CONTRACT FOR PURCHASE OF THREE POLICE CARS. ,Tabulation of Bids received today on three police vehicles was presented by Manager Hyde. being a 1960 Ford 2-Dr., 1960 Plymouth Stn. Wagon and 1960 Chev. 2-Dr., respectively. Tabulation showed receipt of five bids, Suburban Chevrolet Company, Hopkins, being low bidder on the three vehicles, at a Net Bid (trade-ins deducted) of $4,109.60, Major Motors, Inc., second low at $4,358.58, on Fords; Woodhead Co., third low at $4,875.00 on Fords; Hull-Dobbs Co., fourth low at $5,030.19 on Fords; and Swanberg & Scheefe Co. high bidder at $5,152.65 on Buicks. Bids had been taken on the basis of I'any or all", and Mr. Hyde called Council's attention to the small difference between Suburban Chevrolet's net bid of $1,345.05 on a 2-Door Biscayne Sedan and Swanberg & Scheefe Company's net bid of $1,495.55 on a 2-Door Buick LaSabre. He suggested that,inasmuch as the police have been wanting to try out a heavier car and we now have such a good price on the Buick, now would be the time to try one Buick. difference in maintenance costs, Mr. Hyde replied that he does not have current figures because the Village has none of the larger cars. discussion was had by Council on this point, and Beim moved for award of contract to Suburban Chevrolet Company on the three vehicles, at net bid of $4,109.60. Motion seconded by Tupa.and carried. Bids were made on basis of one trade-in for each vehicle, trade-ins To a question from the Council as to Some considerable IMPROVEMENT PETITIONS ACCEPTED. and by motion Tupa, seconded by Beim and carried, were accepted and referred to the Engineering Department for programming: SANITARY SEWER - Parlrwood Rd., Stauder Circle to Londonderry Rd., and 86512 to i #6633; Stauder Circle, isr15404 to 86508; Londonderry Rd. , 85400 to V6409. CURB AND GUTTER AND BLACKTOP - W.49th St., Brookside Ave. to my. #loo. OILING - Goya Lane. WATERMAIN - Stuart Ave., Benton Ave. to Grove St., and Benton Ave., Tracy Ave. CONCRETE PAVING - The Heights and Creek Valley Additions. The following improvement petitions were submitted, to Stuart Ave. RURAL. HENNEPIN PUBLIC HEALTH NURSING SERVICE REPORT for September, 1961 , was SiiEiitted, reviewed, and ordered placed on file. ERNST & ERNST APPOINTED AUDITORS FOR 1961 RECORDS. Emst & Ernst's letter of October 17, relative to audit of 1961 records, was read. his opinion this firm has done an excellent auditing job in the past, Trustee Beim moved for appointment of Ernst & Emst as auditors for Village records for 1961. After saying that in Motion seconded by Tupa and carried. *I. .. I, 1.Oh/23/61 *, M, ~, XAYOR BREDESEN APPOINTED' AS CO~CIL REPNSEW"TXVE ON ADSUSYMlhT 6&EL letter signed by Nr. L. 3. Gough, President of International Union of Operating Engineers, Eocal #49, asking for appointment of an adjustment panel relative to wages and working conditions, was reviewed. Beim's motion, that Mayor Bredesen be appointed as the Councilts member of an adjustment panel to consist of Mr. Larkin McLellan, Union representative, Mr. Bredesen and a neutral member to be appointed by the two, was seconded by Tupa and carried. COUNCIL TO CONDUCT PUBLIC mARING NOVENBER 27 ON VACATION OF ROAD EASEMENT IN FRIDLUND'S ADDITION. Action had been taken August 14, approving vacation of this road easement in principle (but retaining sanitary sewer easement); however, Attorney Hasselquist advised that a public hearing must be held as a part of Vacation proceedings, and VanValkenburg moved that Public Hearing on proposed street easement vacation be scheduled for November 27. seconded by Dickson and carried. The 248 Motion QUIT CLAIM DEED GIVEN FOR TEMPORARY SLOPE EASEMENT NO LONGERNEEDED. Attorney Hasselquist asked that the Village return to Southdale Realty Company, by Quit Claim Deed, temporary easement no longer needed, over "the Nest 60 Ft. of the South 60 Ft. of the following described property: 'South 330 Ft. of West 300 Ft. of Outlot One of Southdale Plaza as measured along the North and South lines and the East and West lines thereof"."' VanValkenburg's motion authorizing execution of quit claim deed in accordance with Mr. Hasselquist's request was seconded by Dickson and carried. FIRE PREVENTION CODE ADOPTED BY REFERENCE. Manager Hyde recommended adoption of the Fire Prevention Code advocated by the National Board of Fire Underwriters (Edition of 1960), copies of which code had been mailed to Council for review pursuant to discussion held at last meeting. Chief, was present to urge adoption of the code, and Dickson offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted: Mr. James McNellis, Asst. Fire ORDINANCE NO. 118 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUEAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DE- FINING THEIR POWERS AND DUTIES THE VILLAGE COUNCIL OF THE VILLAGEsOF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Fire Prevention Code. There is hereby adopted, for the purpose of prescribing regulations governing conditions hazardous to life tion Code recommended by the National Board of Fire Underwriters (Edition of 1960), except Articles 13 and 30 of said Code, and the same is hereby adopted and incor- porated as fully as if set out at length herein. marked "Official Copy," shall be filed in the office of the Clerk prior to cation of this ordinance, and shall remain on file in said office for use and examination by the public. to any person upon request. *and property from fire or explosion, that certain code known as the Fire Preven- Section 2. Fire Prevention Code on File. Three copies of said code, publi- The Clerk shall furnish copies of said Code at cost Section 3. Establishment and Duties of Bureau of Fire Prevention. The Fire Prevention rode shall be enforced by the Bureau of Fire Pre- It (a) vention in the Fire Department of the Village, which is hereby established. shall be operated under the supervision of the Chief of the Fire Department, who shall be the chairman of the bureau, and shall consist of the following: The Chief of the Fire Department and the Assistant Chief of the Fire Department. The Chief of the Fire Department may detail such members of the fire A report of the Bureau of Fire Prevention shall be made annually and It shall contain all proceedings under this Code, (b) (c) department as inspectors as shall from time to time be necessary. transmitted to the Manager. with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also.recommend any amendments to the Code which in his judgment shall be desirable. Section 4. Definitions. Wherever the word "municipality" is used in the Code, it shall be held (a) to mean the Village of Edina. be held to mean the Village Attorney. referred to in said Code applicable to storage of flammable liquids and gases are those established in Ordinance No. 101 of the Village. Limits of Districts for Storage of Explosives and Blasting Agents. The limits referred to in Section 12.6 b of said Code, in which storage of explosives and blasting agents-is prohibited, are hereby established as follows: (b) Wherever the term "corporation counsel" is used in the Code, it shall Section 5. Limits for Storage of Flammable Liquids. The limits Section 6. The Village Limits of the Village of Edina 16/23/61 Section 7. Appeals. Whenever the .Chief of the Fire Department shall 2 4 9 disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the Code has been mis- construed or wrongly interpreted, the applicant or other aggrieved person may appeal from the decision of the Chief of the Fire Department to the Village Council within 30 days from the date of the decision appealed. Section 8. Interpretation; Repeals. The adoption of said Code shall not repeal or supersede any other ordinance of the Village regulating the same subject matter, but the provisions of such other ordinances shall also be applicable,except that if there is any conflict between the provisions of said Code and such ordi- nances, the more restrictive provisions shall be applicable. nance, and for each annual renewal thereof, shall be $5. All permits shall expire one year after date of issuance. nance or said Code shall be guilty of a misdemeanor and subject to a fine not exceed- ing $100, or imprisonment for a period not exceeding 90 days;'with costs of prose- cution in either case to be added. constitute a separate offense. word of this ordinance or of said Code be declared invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole or any part of the ordinance other than the part so declared to be invalid. This ordinance shall be in full force and effect upon adoption and publication thereof. Section 9. Permit Fee. The fee for each permit required by this ordi- Section 10. Penalty. Any person violating any provision of this ordi- Each day's violation after notice thereof shall Section 11. Separability. Should any section, paragraph, sentence or Section 12. Motion for waiver of second reading and adoption of Ordinance as offered was seconded by VanValkenburg, and on Rollcall there were as follows: Beim, aye; Dickson, aye; Tupa, aye; VanValke n, aye; and the Ordinance was adopted. DANGEROUS AND SUBSTANDARD DWELLING AT 6109 BROOKVIEW AVENUE TO BE CONSIDERED AGAIN, ON NOVEMBER 13. Manager Hyde told Council that although Mr. French has had some conversation with IDS concerning this property and its possible sale to the Village, no definite proposal has been made. dwelling be set up once again to November 13, to see if some agreement cannot be reached before that time. Beim's motion accepting Manager's recommendation was seconded by Dickson and carried. He suggested that matter of demolition of COUNCIL TO CONDUCT PUBLIC HEARING NOVEMBER 27, ON PROPOSED VACATION OF W.55TH STREET FROM YORK AVE. TO ZENITH AVE. Council reviewed Park Board's October 16th recommendation in favor of Vacation of V.55th St. from York .4ve. to Zenith Ave., and VanValkenburg moved that Hearing on proposed Vacation be scheduled for Monday, November 27. Motion seconded by Dickson and carried. ACCESS TO AND FROM EDINAMUNICIPAL SWIMMING POOL TO BE STUDIED IN Rl3LATION TO CROSSTOWN HIGJ37AY. develop a plan of access to and from the Edina Municipal Pool which would provide the safest approaches possible for automobile, bicycle and pedestrian traffic. was noted that the recommendation stems from a meeting with the County Highway Department, at which it was pointed out that the east-bound exit ramp from the Crosstown Highway onto Valley View Road will, in the Highway Department's opinion, create a hazardous traffic situation due to fact that there is not enough room between ramp exit and pool entrace to allow for a safe distance in which cars going to the pool can mesh with ramp traffic and make right turn into pool entrance. Wooddale; that he feels our own people can do the work asked by the Park Board, and that he will have estimates prepared, for a report to the Council. he feels the real problem concerns pedestrian and bicycle traffic. Council reviewed Park Board's recommendation for a study to It Mr. Hyde told Council that this does involve the problem of filling He added CONSTRUCTION PROGRESS IMPROVEIll3NTS IN 196 1. award of 28 contracts more than 13 miles of REPORT FILED, SHOWING RECORD-BRl3AKING VOLUME OF PUBLIC WORKS involving $2,515,000 for 80 different projects, including portland cement concrete and over 4 miles of asphalt concrete Manager Hyde filed with the Council a report shoving 1961 paving, totalling some $1,432,000; $207,361.00 of Flatermains; $238,295.00 of Sanitary Sewers and $614,221.00 of Storm Sewers. Watermain projects will be completed this year; only two storm sewers on which there is a question as to completion--and that because of legal delays in securing easements; and only Eden Avenue from Normandale to Hwy.#169, 72nd St. from France to Oaklawn, Limerick Lane from 70th St. to Brook Drive, and Brook Drive from Limerick Lane to the Creek not expected to be paved in 1961--this because of soil conditions Report showed that all Sanitary Sewer nad encountered in installing underground utilities, with 66th St. from Valley View Road to Limerick Lane in question. storm sewer programs are almost twice as large as any single previous year. It was noted that the 1961 street paving and 10/2!3/61 ' *. VILLAGE WLOYEES' CONTRXBUT~~ON TO UNXT~D PW'SED BY MANAGER. Manager Hyde reported to the Council that he is proud of this year's contribution by Village employees to United Appeal--that out of about 125 regular employees, 109 have contributed, for a total of $1,937.50, better than double the quota. 250 CORNELIA SCHOOL-PARK CONSTRUCTION .CALLED TO COUNCIL'S ATTENTION. Mr. Hyde called Council's attention to the almost-completed Cornelia School-Park work, stating that now that the grading, seeding and sodding is almost finished, the beauty of this park is apparent to all who might see it. CONDEMNATION OF EASEMENT FOR SANITARY SEWER AUTHORIZED. because of a surveying error the condemnation authorized by the Council on September 11th of this year, for a sanitary sewer easement in the "Davis" property would secure insufficient land to install the line--and that new condemnation proceedings should be begun immediately to secure the proper easement because project is now under contract and there is urgent need for sewer service from this line--that negotiations could not be had because of the many heirs involved in this estate. Beim offered the following Resolution and moved its adoption: It was explained that I RESOLUTION FOR CONDENNATION OF SANITARY SEWER EASEMENT WHEREAS, it is necessary, advisable and in the public interest that the WHEREAS, in order to accomplish such purpose, Village of Edina acquire land for sanitary sewer purposes; and it is necessary for the 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 WHEREAS, by reason of failure of the Village to obtain said perpetual easements across, over and under said land it has become necessary to pro- cure the easement for sanitary sewer purposes over said land designated and described on said Exhibit A by right of eminent domain. NOV, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure said perpetual easement across, over and under said land 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" "An easement in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repair- ing and reconstructing a sanitary sewer system in, under, and over the.following described tract of land: I '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 tne United States Government Survey thereof, Hennepin County, Minne- sota, the centerline of which is described as follows: Commencing at a point on the Vest line of said Southwest Quarter of the Northwest Quarter 744.6 feet Southerly from the Northeast corner thereof; thence Northeasterly at a deflection angle to the right of 67 52' 38" measured from the West line of said Southwest Quarter of the Northwest quarter a distance of 242.03 feet and there terminating.' I Names of persons interested in said parcel and the nature of their interest are as follows? Name Ruth Mary Davis Jerome Patrick Davis Pearl Davis CathZTne Patricia Hogan a/k/a Catherine Patricia Hogan William P. Hogan Elizabeth Michael Davis Hutchison Travis Lee Hutchison Mary Alice Hodgson Rob e rt Ho dg s on Notion for adoption of the Resolution was Nature of Interest Fee owner of an undivided one-third Fee owner of an undivided one-sixth Inchoate Fee owner of an undivided on-sixth Inchoate Fee Owner of an undivided one-sixth Inchoate Fee owner of an'undivided on-sixth Inchoa t eft seconm by Tupa, and on Rollcall there were five ayes and no nays, as f aye; VanValkenburg, aye; and Bredesen, ay A >P>&JU Village Clerk A 10/23/61 ~ ... 251 MVEKLY GRANTED 'PERMIT FOR T;E"MpOEthY CEsSPdOL SYSTEM TO &EWE mY0 NEW HOMES IN CHEROKEE HI'LXS. Mr. Yack Haverly, developer of the Cherokee Hills subdivisions, and petitioner &6r Sanitary Sewer to serve these subdivisions, told Council that he would like to know just what the Village can do to provide sanitary sewer facilities on a temporary basis for two new houses in the subdivision, which are ready for occupancy for Messrs. Miller and Wahlberg. delay caused by the surveyor's error in measurement for the easement through the Davies property, and the necessity for new condemnation proceedings, will leave the occupants of these two homes without sewer facilities--and that they will be caused undue hardship by being forced to wait until sewer line is ready before moving into their new homes. that construction of a temporary cesspool to serve these two homes would be permissible under the circumstances. arrangements for temporary cesspool for two homes under consideration. He explained that the Manager Hyde told Council he feels Manager Hyde directed to make the necessary STORM SEWER EASEMEETS CONDEMNATION AUTHORIZED. It v7as reported that severa3l property owners have refused to grant easements for the "Hawkes Lake Storm Sewer" project now under contract; that these easements must be procured before contractor can continue. Beim offered the following Resolution and moved its adoption: RJBOLUTION FOR CONDEMNATION OF STORM SEWER EASEMENT I.IHEXEAS, it is necessary, advisable and in the public interest that the WHEREAS, in order to accomplish such purpose, it is necessary that the Village of Edina acquire land for storm sewer purposes; and Village of Edina acquire a perpetual easement in, under and over that tract of land described on Exhibit A attached hereto and made a part hereof; and easement in, under and over said land have been unsuccessful; and easement in, under and over said land it has become necessary to procure said perpatual easement by right of eminent domain. NON, TmREFORE, BE IT RESOLVED that the Village of Edina proceed to procure said easement in, under and over said land for the purposes hereinbefore and hereinafter 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. "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 trant of land: WHEREAS, the efforts of the Village of Edina to obtain said perpetual WHEREAS, by reason of failure of the Village to obtain said perpetual "EXHIBIT A" 'A strip of land 20 feet in width, the center line of which is described as follows : Beginning at a point on the Southerly line of Lot 5, Garden Park, according to the recorded plat thereof on file in the office of the Register of Deeds, in and for Hennepin County, Minnesota, distant 224 feet Easterly of the Westerly line of said Lot 5; thence North at a right angle to the Southerly line of said Lot 5 a distance of 25 feet and there terminating. ' Names of persons interested in said parcel and the nature of their interests are as follows: Martin Salmonson Fee owner Elaine Salmonson Inchoate Unknown Heirs of Martin Salmonson, if deceased Unknown Heirs of Elaine Salmonson, if deceased Lucille Salmonson Also all other persons or parties unknown, claiming any right, title, estate, lien or interest in the property above described. It' e - Name Nature of Interest Heir of Martin Salmonson, if dece-ased were five ayes and no nays, as follows: Be VanValkenburg, aye; and Bredesen, aye; and And Beim then offered the following Resolution and moved its adoption: 10/23/61 RESOLUTION FOR COND&NATION OP EASEMENTS FOR STOM SEVER, VATEB STORACE ANI) RELATED PUBLIC PURPOSES . WHEREAS, it is necessary, advisable and in the public interest that the Village of Edina acquire land for storm sewer, water storage and related public purposes; and of Edina acquire perpetual easements in, under and ov'er those tracts of land described on Exhibit A attached hereto and made a part hereof for the purposes specifically set forth therein, and across, over and under said land have been unsuccessful; and in, under and over said land it has become necessary to procure said perpetual easements by right of eminent domain. said perpetual easements in, under and over said land for the purposes hereinbefore and hereinafter 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. Parcel A-1 An easement in perpetuity for storm sewer purpose, 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 Northwesterly Ten (10) feet of Lot 3, Block 1, Edina Highlands Lakeside Addition, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Hennepin County, Minnesota, as measured perpendicular to the Northwesterly line of said Lot 3. WHEREAS, in order to accomplish such purpose, it is necessary that the Village WHEREAS, the efforts of the Village of Edina to obtain said perpetual easements, l?€EREAS, by reason of failure of the Village to obtain said perpetual easements NOM, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure "EXHIBIT A'* Names of persons interested in said parcel and the nature of their interests are as follows : Rosendahl Co. , a Ninnesota corporation Fee owner M.S.Tommeraasen a/k/a Merold S. Tommeraasen and Blabel T. Tommeraasen Purchasers under contract for deed First Federal Savings & Loan Association of Minneapolis Mortgagee. Name Nature of Interest Parcel A-2 An easement in perpetuity for storm sewer purposes, including the right to ehter 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 2, Block 1, Edina Highlands Lakeside Addition, according to the recorded plat thereof on file in the office of the Registrar of Titles in and for Hennepin County, Minnesota, as measured perpendicular to the Southeasterly line of said Lot 2. Names of persons interested in said parcel and the nature of their interests are as follows : Victor H. Mathieu Violet Mathieu Fee owners The Prudential Insurance Company of America, a New Jersey corporation Mortgagee e Name Nature of Interest Parcel B-1 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, whether by storm sewer pipeline or open drainage ditch in and over the following described tracts of land: A strip of land 20 feet in width situated in the Northeast Quarter of the Southwest Quarter, Section 32, Township 117, Range 21, according to the United States Government Survey thereof, Hennepin County, Minnesota, the center line of which is described as follows: Commencing at a point on the South line of Grove Street, as said street is shown on the plat of Edina Highlands Lakeside Addition, files of the Registrar of Titles for said County of Hennepin, distant 314 feet from the Easterly line extended of Olinger Road, as shown on said plat of Edina Highlands Lakeside Addition; thence South 7O15' West, more or less to a point on the Easterly line 253 10/23/61 extended Northerly of according to the plat the Register of Deeds Lot 1, Block I, Doris Addition, thereof on file in the office of for said County of Hennepin, which I - point is 77.6 feet Northerly of the Northeasterly corner of said Lot 1, Block 1; thence Southerly along said line extended 5 feet and there terminating. Also a strip of land 10 feet in width situated in the Northeast Quarter of the Southwest quarter, Section 32, Township 117, Range 21, according to the United States Government Survey thereof, Hennepin County, Minne- sota, the Uesterly line of which is described as follows: Commencing at a point on the Easterly line extended Northerly of Lot 1, Block 1, Dorb Addition, according to the plat thereof on file in the office of the Register of.Deeds for said County of Hennepin, which point is 72.6 feet Northerly from the Northeast comer thereof; thence Southerly along said line extended 72.6 feet and there terminating. Names of persons interested in said parcels and the nature of their interests are as follows: The Normandale Corporation, a Minnesota corporation Fee owner I Name Nature of Interest Parcel B-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, whether by storm sewer pipeline or open deainage ditch in and over the following described tract of land: The Easterly 10 feet of the following described property: The South 72.6 feet of the North 662 feet of the Vest 300 feet of the Northeast Quarter of the Southwest Quarter of Section 32, Township 117, Range 21, according to the United States Government Survey thereof, Hennepin County, Minnesota. Names of persons interested in said parcel and the nature of their interests are as follows: Name Eli A. Sulander Robert L. Taylor and Wanda Taylor The Minneapolis Savings & Loan As s oc i at ion - Nature of Interest Fee owner Purchasers under contract for deed Mo r t gage e Parcel B-3 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, whether by storm sewer pipeline or open drainage ditch in and over the following described tracts of land: A strip of land 10 feet in width lying in Lot 3, Block 1, Doris Addition, according to the recorded plat thereof on file in the . office of the Register of Deeds in and for Hennepin County, Minnesota, the Westerly line of wnich is described as follows: Commencing at the Northeasterly corner of Lot 1, Block 1, said Doris Addition; thence Southerly along the Easterly lines of said Lot 1 and Lot 2, Block 1, said Doris Addition to the Southeasterly corner of .said Lot 2, Block 1 and there terminating. Also a strip of land 20 feet in width lying in Lot 3, Block 1, said Doris Addition, the enter line of which is described as follows: Commencing at the Southeasterly corner of Lot 2, Block 1, said Doris Addition; thence Southerly along the Easterly line of said Lot 2 extended to a point on said line extended 10 feet Northerly of the Southerly line of said Lot 3; thence Westerly along a line 10 feet Northerly of and parallel with the Southerly line of said Lot 3 to the Westerly line thereof and there terminating. Names of persons interested in said parcel and the nature of their interests are as follows: Jack L. Roberts and Margaret R. Roberts Fee owners Name Nature of Interest - Parcel B-4 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, whether by storm sewer pipeline or open drainage ditch in and over the following described tract of land: 25% 10/23/61 \ Names of persons interested in said parcel and the nature of their interests are as follows: Name Paul E. Host and Joyce V. Host First Federal Savings & Loan As s oc i a t ion o f Minneapolis - Namre of Interest Fee owners Mortgagee Parcel B-5 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, whether by storm sewer pipeline or open drainage ditch in and over the following described tract of land: I The Easterly 10 feet of Lot 2, Block 1, Doris Addition, according to the recorded plat thereof on file in the office of the Register of Deeds in and for said Hennepin County, Ninnesota. Names of persons interested in said parcel and the nature of their interests are as follows: Clarence H. Ostman and Doris I. Ostman Fee owners Northwestern National Bank of Hopkins Mortgagee Name Nature of Interest - Parcel C-1 An easement in perpetuity for the purpose of storage and flowage of water, includ- ing the right to enter for the purpose of excavating, constructing, maintaining and repairing a reservoir to contain water and a lift station to pump water, in, under and over the following described tract of land: Outlot I, Edina Highlands Lakeside 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 interests are as follows: Rosendahl Co., a Minnesota corporation Fee owner. Name Nature of Interest - (END OF "EXHIBIT A") Motion for adoption of the Resolution was secon five ayes and no nays, as follows: Bei alkenburg, aye; and Bredesen, aye; and t a, and on Rollcall there CLAIlfS PAID. 23, 1961, as follows, was seconded by VanValkenburg and carried: Dickson's motion for payment of Claims as per Pre-List dated October General Fund , $20,605.39 ; Construction Fund , $441,170.35 ; Park , Park Cons t . & Swim Pool, $30,784.71; Water Fund, $5,237.97; Liquor Fund, $182,068.50; Sewer Rental Fund, $lJ935.83--Total, $681,802.75. COUNCEL SADDENED BY DEATH OF SCHOOL SUPT. KUHIWN. Trustee Dickson offered the following Resolution, and moved its adoption: RESOLUTION, AT THE DEATH OF MILTON H. KUHLMAN TJHEREAS, the late Milton H. Kuhlman served the schools of this community for the past 12 years, the first as Principal and the last eleven as Superintendent; and System has become nationally recognized as one of the finest in the country; and and gave generously of his time and talent, working with patience, diligence, honesty and sincerity, always 6nly for the good of the school system: NOI?, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, that this Council convey to the family of Milton H. Kuhlman its deep sympathy at this time of bereavement, and its expression of sorrow at the loss of a respected friend, neighbor and public spirited citizen of this community. TkEREAS , under the administration of Mr. Kuhlman the Edina-Morningside School WHEREAS, Nr. Kuhlman served as the leader during'this period of great growth, I Motion for adoption of Resolution was seco were five ayes and no nays, as follows: nburg, aye; and Bredesen, aye; and the The evening's agenda's having been covered, seconded by Beim and carried.