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HomeMy WebLinkAbout19611113_regular11/7/61 MINUTES OF MEETING OF CANVASSING BOARD FOR EDINA VILLAGE ELECTION, €ELD TUESDAY, NOVEMBER 7,1961 AT 8:15 P.N., AT EDINA VILLAGE HALL 555 c i Meeting convened at 8:15 P.M., at Village Hall, with Council Members Beim, Dickson, Tupa and VanValkenburg acting as Canvassing Board for Village Election for this date, Tuesday, November 7, 1961. Members canvassed returns of Voting Machines and absentee ballots in the eight Voting Districts, comparing them with returns of Election Officials, and it was then moved, seconded and carried that Canvassing Board finds the returns made by election officials to have been correct in all cases, and certifies the returns of the Village Election held November 7, 1961, to be as follows: FOR MAYOR - TERM 2 YEARS FOR TRUSTEE - TERM 3 YEARS ARTHUR C. FRANK J. FRANK LOUIS HUGH J. THONAS J. TOTAL VOTING DISTR. NO. BREIIESEN,JR. TUPA GREENABEL MacMILLAN PERPICH VOTE 1- 2- 3- 4- 5- 6- 7- 8- 'Nooddale School 708 Village Hall 582 Junior High 509 Concord School 49 5 Shepherd. Hills Ch. 125 Edina High.Schoo1 342 Cornelia School 327 3 , 485 Cahill School 39 7 226 321 212 3 41 148 ' 33 138 130 1,549 222 284 289 344 107 31 120 107 1,504 626 5 42 390 447 419 119 331 326 3,200 70 66 27 41 11. 8 . 24 20 266 935 4 905 723 838 5 46 158 480 457 5 , 042 Q "Jr3 MINUTES VILLAGE AT 7:OO OF THE REGULAR MEETING OF THE EDINA COUNCIL, HELD MONDAY, NOVEMBER 13, 1961, P.M., AT THE EDINA VILLAGE HALL Members answering Roilcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of Regular Meeting of October 23, 1961 were approved as submitted, by motion VanValkenburg, seconded by Beim and carried. OFFICER EMANUEL SERSTOCK CONGRATULATED ON PASSING BAR EXAMINATION. On behalf of the entire Council, Mayor Bredesen offered congratulations to Officer Serstock on the occasion of his having passed the Bar Examination. Mayor commended Serstock for the ambition and effort which has permitted his accomplishment while working at a full-time job. PUBLIC HEARING ON PROPOSED OILING ASSESSMENTS. Clerk presented Affidavit of Publication in Edina-Morningside Courier October 26 and November 2, 1961, of "Notice of Assessment Hearing for Oiling of Streets in 1961"; and, pursuant to said Notice--notice also being mailed to all affected property owners--Public Hearing was conducted, and action taken as hereinafter recorded: 1. Manager Hyde read Tabulation of Assessment for all streets oiled in 1961 except Indian Hills Road from County Road No, 18 to Indian Hills Addition, and W.53rd Street between Highway No. 169 and Alley behind Grandview Lane, at $11,548.96, proposed to be assessed against 60,784 Assessable Feet, for $.,'I9 per Assessable Foot. There were no objections registered against this proposed assessment at the Hearing, and no written objections had been received prior thereto. 2. Grandview Lane, Tabulation of Assessment was read as $126.48, proposed to be assessed against 744 Assessable Feet, for $.17 per Assessable Feet. No oral or written objections were raised against this proposed assessment Beim offered the following Resolution and moved its adoption: (See Resolution Adopting and Levying Assessment). For the Oiling of T-J.53rd Street between Highway No. 169 and the Alley behind BE IT RESOLVED follo-c?s: 1. It is FOR THE OILING RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR OILING OF STREETS IN 1961 by the Village Council of the Village of Edina, Minnesota, as hereby found, determined and declared the the proposed assessment OF THE FOLLOWING STREETS IN 1961: 256 Adams Ave. between Maloney Ave.Iand Belmore Lane. Annaway Drive between Mait lane and Bywood flfest and between Bywood West and Merilane. Ashcroft Ave. betw. W.60th St. and Valley View Rd. Beard Place betw. Beard Ave. and TJ.62nd St. Belmore Lane beti7. Arthur St. and alley betw. Harrison and 51er Aves. Benton Ave. betw. Bernard Place and Dale Ave. Benton Ave. between Code and Tingdale Aves. Benton Ave. betw. R.R. bridge and Hansen Rd. Brookview Ave. betw. Valley View Rd. to and incl. 6241 & 6244 Brookview Ave. Bywood West betw, Annaway Dr. and Crescent Terr. Dunberry Lane betw. Vest Shore Dr. and Creston Road. Dundee Rd. betw. N. line Hirror Lakes Meadow-Wood 2nd Addn. and W.56th St. Garrison Lane betw. Wooddale and St-Johns Aves. , Grove St. betw. Tracy Ave. and Johnson Dr. Jeffrey Lane.betw. Blake Rd. and Leslie Lane. John St. beb-7. Maloney Ave. and N. turn-around. Kaymar Dr. betw. Jeffrey Lane and Eden Prairie Rd. Leslie Lane betw. Dead end and Jeffrey Lane. Maloney Ave. from Blake Rd. to and including 6212 Maloney Ave. Mildred he. betw. I?. 63rd St. and W. 64th St. Oxford Ave. betw. TJ.5lst St. and W.52nd St. Parnell Ave. betw. 17.6Oth.St. and Valley View Rd. Porter Lane betw, Code Ave. and Birchcrest Dr. Rolf Ave. betw. Valley View Rd. and Roberts Place. Rutledge Ave. betw. Motor St. and Division St. Sally. Lane in Ker-Mi1 Heights Addn. Samuel Rd. in Ker-BIil Heights Addn. Schaefer. Rd. betw. View Lane and EIWy.Bl69. Tingdale Ave. betw. W.63rd St. and TJ.64th St. Tracy Ave. betw. I&y.#l69 and Benton Ave. View Lane betw. S. Knoll Dr. and Schaefer Rd. Walnut Dr. betw. Hwy.#169 and dead end. Narren Ave. betw. W.63rd St. and W.64th St. West Shore Dr. betw. Dunberry Lane and W.7Oth St. TJest Trail in Her-Mil Heights Addn. Wilryan Ave. between t7.63rd St. and V.64th St. Windsor Ave. from 80 Ft. W. of Code Ave. to R.R. property. I?. 51st St. betw. Oxford Ave. and Hankesson’Ave. lJ.53rd St. betw. Mvy.9169 and alley behind Grandview Lane. . W.59th St. between Kellogg and Oaklawn Aves . ’IJ. 59 th S t . between Wooddale and Kellogg Aves . W.59th St. between Concord and Ashcroft Aves. W.59th St. between Fairfax and St. Johns Aves. W.62nd St. between Chowen and Beard Aves. W.62nd St. between Chowen and Ewing Aves. W.64th St. between Normandale and Warren Aves. W.65th St. between Wilryan and Tingdale Aves. W.65th St. between Josephine and Wilryan Aves. and each of them, have been properly calculated in accordance with the provisions of Ninnesota Statutes Section 429.051 and 429.061; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that sa2diproposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and that each of the lots, pieces and parcels of land enumerated in the respective assessments was. and is specially benefited by the construction of the improvement for which such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said respective assessments, and said pro- posed assessments are hereby adopted and confirmed as the pgejp@@ special assess- ments for said improvement. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in one installment, extending over a period of one year, which installment, together with interest on the entire assessment from the date hereof to December 31, 1962, is to be payable with general taxes for the year 1961. 3. of any lot, assessment without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessment be prepaid to the Village Treasurer, he shall promptly notify the Village Glerk and County Auditor, and the assessment so prepaid shall be cancelled on the books of the County Auditor. - . Division St. betw. Rutledge and Oxford Aves. * 2. I Prior to certification of the assessment to the County Auditor, the owner piece or parcel of land assessed hereby may pay the whole of such 11/13/61 4. The Clerk shall, as soon as may be, prepare and transmit to the 25% County Auditor a certified duplicate of said assessments, with each then unpaid snstallment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. Said duplicate shall be designated as ASSESSMENT ROLL FOR OILING STREETS IN 1961, and all amounts collected in respect of the assessments therein contained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him credited to the Sinking Fund Account of the PERMANENT IMPROVEMENT REVOLVING FUND. Motion fox adoption of the Resolution was were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; a by Tupa, and on Rollcall there 3. PUBLIC HEARING SET OVER TO NOVEMBER 27 ON OILING OF INDIAN HILLS ROAD FROM COUNTY ROAD NO. 18 TO INDIAN HILLS ADDITION, AND ARROWHEAD PASS. Pursuant to Notice published in Edina-Momingside Courier on October 26 and Sep'tember 2nd, and mailed Notice, Public Hearing OR OILING OF INDIAN HILLS ROAD FROM COUNTY ROAD NO. 18 TO INDIAN HILLS ADDITION, AND ARROWHEAD PASS, was conducted. was read at $657.00, proposed to be assessed on a "per-lot" basis against 12 parcels of property, for $54.75 per Lot; this assessment based on an understanding between Mmes Wright and Alden of the Village Office, with Mr. Herman Ratelle, sponsor of the petition. Manager Hyde told Council that assessment could be levied on a front-.foot basis, at $.26 per front foot for those footages proposed to be assessed, or on a per property-owner basis , at $73 .OO per owner--all of the proposed assessmznts excluding the McCauley footage from assessment. Mr. Selmar Halla, owner of Lots 1, 2 and 3, McCauley Heights-Halla Replat, filed a written objection against the per- lot basis, and asking that all property owners pay on a per-fmont foot basis. He stated that Mr. Harmon wants the same per-front-foot method of assessment. Messrs Naas, ,owner of Lot 1, McGauley Heights 2nd Addn., and Nelson, owner of Parcels #1810 and J~1820, Lot 8, Auditor'as Subd. No. 196, also asked for the per-front-foot method of assessment. Clerk Alden explained that Mr. McCauley had called her office at the time oil was being applied; that because of the wording of the petition she had informed Mr..McCauley Be could expect not to be assessed. Dickson's motion that Public Hearing be continued to November 27, with notification to all owners to be issued, was seconded by Beim and carried. Tabulation of Assessment . NORTHERN STATES POWER COMPANY'S NEW PUMPING CONTRACT LAID OVER TO NOVEMBER 27. Manager Hyde presented to Council Northern States Power Company's new pumping contract, proposed to be effective beginning October 1, 1961, and for the next five years. Council action delayed to November 27, for report on savings to be effected under this contract. 'WEST SHORE DRIVE RESIDENTS ASK THE STOW COMPANY FOR STORM SEWER: VILLAGE TO OBTAIN EASEMENT IF POSSIBLE. Letter addressed to The Stow Company, dated &member 1, by rasidents at 7320,7324,7328 and 7332 West Shore Drive, asking that the Stow Company install storm sewer, was read, Mr. Fred Rogers, Jr.,was present during the reading of the letter and during Captain Gans' explanattion to the Council that Mr. Rogers had been in touch with the Captain; that if the Village can obtain a flowage wasement on lot line at the far end of the block, between West Shore Drive and Hibiscus, which will permit storm sewer to be installed, The Stow Company will install the storm sewer. Mr. Rogers told Council The Stow Company had talked with these property owners, had assured them The Stow Company would do this work, and that The Stow Company will do it. him when the work would be done. Mr. Rogers stated that completion of the work depended somewhat on yeqther conditions after acquisition of easement, but that he could not speak for Mr. Stow in this matter. Mayor Bredesen inquired as to whether Mr. Rogers could tell No action taken. EDINA MINISTERIAL ASSOCIATION THANKS COUNCIL FOR ACTION DENYING AMERICAN LEGION'S APPLICATION FOR ON-SALE LIQUOR LICENSE. Associat5on's November 3rd.letter thanking and complimenting the Council on its denial of the Legion's application for an on-sale liquor license. and ordered placed on file. Mayor Bredesen read the Edina Ministerial Letter accepted PETITIONS FOR IMPROVEMENTS ACCEPTED: VALLEY VISTA SEWER AND WATER ASSESSMENT BASIS TO RECEIVE FURTmR-CONSIDERATION. Sanitary Sewer and Watermain - Rosemary Lane from Valley View Rd. to end. The following Improvement Petitions were submitted: 1. 2. Concrete Paving - Benton Ave., Tracy Ave. to Crescent Drive. B1r. Hugh Brenner, developer of Valley Vista, was present to hear Manager Hyde report to the Council that there may have been some understanding that assessment for the Rosemary Lane sewer and water would be on a three-year-financing basis. Mr. Brenner told Council that there was no understanding to this effect, although he had filed for this at one time; that he feels the utilities should be assessed on a ten-year basis further report be made onmethod of assessment, after he has reviewed data On this plat. Beim's motion accepting petitions was seconded by Tupa and carried. Mr* HYde recommended that petitions be accepted, with understanding that 258 ii/i3/6 1 COLT,ATERAX APPROVED FOR DEPOSITS IN FIDELITY STATE BANK. Fidelity State Bank's pledge of$200,000 U.S. Treasury Notes A63 2-5/8% due 2/15/63 , and$100,000 U. S. Treasury Bills, Tax Antic. , due 3/23/62, as collateral for $100,000 Certificate Tupa offered the following Resolution and moved its adoption: f Deposit due January 27, 1962, and $200,000 CD due April 27, 1962, was reviewed. RESOLUTION DESIGNATING DEPOSITORY AND APPROVING ASSIGNMENT OF SECURITIES FIDELITY BANK AND TRUST C~PANY IN LIEU OF BOND I, BE IT HEREBY RESOLVED that Fidelity Bank and Trust sota, authorized to be a banking business in Minnesota, be and hereby is, desig- nated as an official depository of the Public Funds of the Village County of Hennepin, Minnesota, for the period from this date for the balance of the calendar year 1961. BE IT FURTHER RESOLVED that the Village Council of the Village of Edina approve the assignment by its depository, Fidelity Bank and Trust Company of Minneapolis, Minnesota, of the following securities, as good and sufficient collateral for the Village of Edina Public Funds deposited in said depository: ompany of Minneapolis, Minne- of Edina, I U.S.-Treasury Notes Series A-63 2-5/8% Due 2/15/63 $ 55,000.00 U.S. Treasury Notes Series A-63 2-5/8% Due 2/15/63 $200,000.00 U.S. Treasury Bills,Tax. Antic. Due 3/23/62 $100,000.00 Hotion for adoption of the Resolution was seco there were five ayes and no nays, as follows: HIGHVAY NO. 100 PRELIBINARY PLANS (LAYOUT 6),FROM 62ND ST. TO EXCELSIOR BLVD., REVIEWED: COUNCIL ACTION DELAYED PENDING MEETING WITH ST.LOUIS PARK, AND HIGHWAY DEPARTMENT APPROVAL OF EDINA REQUEST FOR HIGHWAYS 100 & 169,-BROOKSIDE-INTERLACLACHEN TRAFFIC CONTROLS. Manager Hyde presented for Council review Preliminary Plans for Highway 100, as submitted by State Highway Department on October 26. (Plan is entitled "S.P.2733-25 and 2734-12 (TH 100) Preliminary Plans-Layout 6, From 62nd St.-1/4 N. Excelsior Blvd.& TH 73. He explained that this plan allows for six lanes of traffic from the Crosstown Interchange, plus 2-way frontage roads from approximately Valley View Road to approximately Eden Avenue; that, in accordance with Edina request, a cross-over has been provided at Benton Avenue fam school buses that on 50th St. the alighment has been changed, creating some problems we had not been aware of before; one of the major problems being that all southbound traffic deciding to go east on 50th St. must take the westbound leg of the inter- change and turn left across westbound traffic; that this proposed interchange is not a full cloverleaf; that it takes all of the Village Hall property west of the fire station. on which serious consideration should be given--1. Pedestrian Bridge; 3. 17illson Road; 4. T?est Serkice Drive, Eden Ave. to Highway No. 169; 5. Eden Avenue Bridge; 6. "Sunnyslope" Intersection; 7. Westbrook Lane; 8. West Service Road, W.44tl.1 St. N.; 9. Pedestrian overpass for Our Lady of Grace School, and 10. Lighting. His suggestions are contained in detail in a memorandum to Manager Hyde, dated November 13. Reporting that the Highway Department has asked for early action on the plan, Nr. Hyde recommended that Council delay action until such time as a meeting can be arranged with St.Louis Park to get its viewpoint on the plan, and a joint St.Louis Park-Edina-Highwqy Department meeting can be arranged for further further consideration. by Mrs. G.M. Stenson, 4811 Bywood Vest , concerning correction of the hazardous Brookside-Interlachen-Highway No. 169-Highway No. 100 traffic area, and the matter of Council's many requests to the Highway Department and the Highway Department's reluctance to take any constructive action, ,was reviewed. Department's latest letter (written by Commissioner J.G. Marshall to Senator Bergerud on November 3), which was read to Council by Manager Hyde, it was the unanimous opinion of the Council that further consideration of Trunk Highway No. 1QO plans by Edina Council would be inadvisable until such time as the State Highway Department has dene made constructive effert to correct the Brookside-Interlachen- Highway No. 169 problem and to provide new signals on W.50th St. at Highway 100. I and a pedestrian bridge at approximately Southview Lane. He pointed out . Planning Director Hite called Council's attention to ten points W.59th St.; 2. High School At this time a question was raised In view of Highway COUNCIL AUTHORIZES PURCHASE OF ADDITIONAL LAND FOR N0RMAM)ALE PARK. llr. French reported that the Normandale Community Service Council has taken a poll of neighbor- hood residents concerning the purchase of Lots 13 to 24, incl., Block 18, Normandale Second Addition; that poll was 103 to 3 in favor of purchase; that Park Board has recommended purchase for not more than$9,000--but that the property cannot be obtained for this price; that Mr. John Frasz, owner of Lots 13 and 14, is unwilling 1- il/i3/61 259 to sell at all, 5)r. Erling Hansen, owner of Lots 15, 16 and 17, and Plr. P. 'CSaller, owner of Lots 18 to 22, inclusive, will each sell his lots for $1,000 , apiece,and Mr. Edward Bove is willing to donate the Vest 1/2 of his Lots 23 and 24 providing he is relieved of sanitary sewer and watermain assessments against the East 1/2 of these lots and shall bear no cost zerlative to transfer of property. Mr. French told Council that because these are beautiful wooded lots most of the neighbors had believed they were already part of Normandale Park; that the character of the park would be materially changed, should these lots be improved by building. and would not be improved as a playground; of funds shows the earliest money available for Normandale Park to be in 1964; that if the land is purchased, now, it must be from the Park Board's yearly general allocation--which will mean that the general program will have to do with less funds--but, because of the character of the land, its relationship to the present park, and the interest shown by this neighborhood in its park, he feels it should be acquired; and that because of extensive building in this neighborhood he believes land values will increase enormously in the next five years. He told Council that the Normandale Community Service Council has agreed that if the land can be acquired, now, the neighborhood will forego park improvements scheduled for 1966, and that- the Community Service Council will continue to hold fund raising activities, the proceeds of which will be given to the Village for Normandale Park. (This group has contributed some $850 to the Park Fund to date). Manager Hyde recommended that the property now available to us be acquired, and that we look toward acquiring the other lots later; that he feels property should be acquired if neighbors are willing to forego physical improvements. Tupa's motion, that Village purchase lots as outlined by Mr. French, preferably on a time-basis, with the understanding that physical improvements will not be made thereon, was seconded by VanValkenburg and carried. He reported that this particular area Would be kept for its beauty, The Park Board's projected allocation PUBLIC HEARING SCHEDULED FOR DECEMBER 11, ON TREE TRIMMING IMPROVEMENT IN ROLLING GREEN. HILLDALE, SOUTH HAWET PARK, AND OTHER SCATTERED AREAS. Mr. French reported that boulevard trees in the above named areas need trirmning and pruning attention; that because of threat of Dutch Elm disease it is particularly important that trees be kept in good condition. He recommended that Public Hearing be held November 11, on this proposed improvement. Some discussion was had on assessment basis. Diclcson's motion, that Public Hearing be scheduled for December 11, on proposed Tree Trimming Improvement , was seconded by 'VanValkenburg and carried. SANITARY SEWER AGREEMENT WITH HOPKINS APPROVED. agreement with Hopkins, containing the following provisions: generally, as the "S. 20 Ft. of Old Streetcar Right-of-way, from alley East of. Grove Place to Maple Hill Road, and including extension of Maple Hill Road". Hopkins and Edina agree that Edina may empty sewage into sewer line to be constructed in said easement, from not more than seven houses in Edina. Edina agrees to bill each of the houses connected to this sewer line at least $1.50 per month for sewer line maintenance and operation of sewer line and disposal plant, and remit said sums to Hopkins not later than February 1, each year. Manager Hyde presented form of 1. Hopkins agrees to give Edina perpetual easement over strip of land described, 2. 3. 4. Edina agrees to maintain sewer line, to manhold on Maple Hill Rd, 5. Edina agrees that, on ten days' notice, Hoplcins may connect to said sewer line without charge. 6. Edina agrees to pay to Hopkins $150.00 for each Edina home connecting to said sewer line, for Lift Station built by Hopkins. 7. Edina agrees that when and if its Nine Mile Creek Trunk Sewer is extended West to County Road 18, Hopkins may connect to said trunk sewer, for purpose of flowing into it not less than one cubic foot per second of Hopkins' sewage; the cost and expense of construction and maintenance of such trunk to be borne by Edina and Hopkins, on a proportion to be determined later. 8. Edina agrees that Hopkins may, after January 1, 1963, extend Edina's Nine Mile Creek Trunk Sewer west from its present terminus, and connect part of Hopkins' sanitary sewer system thereto; the cost to be borne first by Hopkins, with no contribution by Edina until and unless Edina properties are connected thereto,at which time exact proportion of construction cost to be paid by each municipality shall be agreed upon by such municipality. Some discussion was had on terms, and Tupa moved for approval of agreement. Motion seconded by Dickson and carried. STORM SEWER HEARING TO BE SCHEDULED ON "VALLEY VISTA" DRAINAGE PROBLEN. Manager Hyde told Council developer Hugh Breaner's drainage problem is not an easy one to solve, that it is his opinion (Mr.Hyde's) that a storm sewer will be necessary. It ~7as explained that for many years there has been a culvert under Valley View Road, draining from south to north, into Brenner's Valley Vista land; that it is the Village contention that the natrual topography has always drained the water to this place; that, however, the run-off is more rapid, now, because of develop- ment to the south. Mr. Hyde told Council he believes he had told Mr. Brenner, some time ago when the Valley Vista plat was under consideration, that a storm sewer would be needed if this low spot were to be drained. Mr. Hite said he had received the impression that Mr. Brenner intended to fill in his "pond". Mr* ll/ 13/61 260 Brenner presented a topographic survey of Valley Vista, explaining that during better part of the year the land marked "wet land" is actually dry4 being wet only during spring thaws; that, now a development has gone in to the south, road coming directly into Valley View Road and pouring a tremendous amount of water into his lot7 spot; the new road drains a sixteen-acre tract plus something more. Nr. Brenner told Council that before his pond fills sufficiently for water to run out, basements on neighboring land will be filled to a depth of two or three feet. Nayor Bredesen asked Mr. Brenner if he had a solution. Mr. Brenner stated hEs point is that he is the receiver of the water, not its creator; that if the Village wishes to construct an outlet and maintain his pond as a reservoir he would dredge to a considerable depth$. that he is perfectly willing to abandon his outlot and contribute it for a reservoir of some kind. Manager Hyde stated that the Village has delayed planning a storm sewer system for the area because it is not known what effect the School grading will have on the over-all problem. VanValkenburg's motion, that Public Hearing be scheduled on proposed storm sewer improvement, was seconded by Dickson and carried. ORDINANCE "TO DEFINE AND REGULATE WELDING OR CUTTING OPERATIONS", as recommended by Fire Department, I was submitted and referred to next meeting's agenda. DAEGEROUS AND SUBSTANDARD DVELLIHG AT 6109 BROOKVIEW AVENUE was once again discussed, Mr. Hyde reporting IDS hopes to have necessary papers for transfer of property drafted this week. I VILLAGE TO HOLD PERCENTAGE PENDING CHANGES IN WATER TREATMENT PLANTS. reported that the contractor has asked that the "withheld percentage'' be reduced on water treatment plants, but that because several things need adjustment there will be no reduction in percentage withheld. Mr. Hyde Council agreeable. $4,000 DAMAGE CLAIM MADE AGAINST VILLAGE ON DEMOLITION OF HOUSE AT 5800 TJooddale. Manager Hyde reported complaint filed by Mildred Maxwell, amount $4,000, for damages allegedly suffered on Village removal of the old house at 5800 Nooddale Avenue. Matter referred to Village Attorney for necessary action. SCHEY'S PARK VIEW PRELRllNARY PLAT APPROVED SUBJECT TO CWLIANCE NITH PLANNING COMMISSION'S NOVEMBER 1 STIPULATIONS. Planning Director Hite presented Preliminary Plat of "Schey's Park View", a 24-acre subdivision between Prospect Hills and Hays Farm. Council reviewed Planning Commission's November 1st recommendations; and Beim moved for approval of Preliminary Plat in accordance with Commission's recommendations, with owner to be notified of stipulations to be met before Final Plat is considered for approval. FEL- ADDITION FINAL PLAT APPROVED SUBJECT TO COMPLIANCE WITH PLANNING COMMISSION STIPULATIONS. Approval, subject to compliance with the following stipulations: lots are to be raised to 838' above 1929 Sea Level Datum, or drainage easements given to permit flooding to that elevation; 2. Outlot One deeded to Village or made subject to water storage easements; 3. All 5 lots to have surface drainage to either the Creek or Brook Drive; 4. Creek by Mr. Fellman is to be approved by Nine Mile Creek Board of Managers. Tupa's motion for Council approval of Final Plat subject to compliance with all Planning Commission's stipulations was seconded by VanValkenburg and carried. Motion seconded by Tupa and carried.. This Final Plat has received Planning Commission's 1. All five New channel constructed for Nine-Mile PAVING PROGRESS REPORTED. & Co. is about finished with its paving projects for the winter; that they have finished V.70th St. from France to Wooddale; will cut off operations, now, and finish the balance of W.7Oth St., between Wooddale and France , next year. Barton should finishW.70th Street, up to Antrim Road, this year, with any luck; work on Tracy between 68th and 70th will continue as long as weather permits and it is hoped it can be finished; it is questionable that W.66th St., Limerick Lane wide crack on Antrim Road, which will be replaced next year. Manager Hyde and Captain Gans reported that McCree . and Brook Drive can be done. Mr. Hyde reported one major structural failure--a EDINA WILL NOT JOIN "AMERICAN MUNICIPAL ASSOCIATION". Bredesen as to Edina's join%ng this group, Manager Hyde recommended against it, and Manager's recommendation was accepted. MAYOR TOiLIBRARY DIRECTOR RELATIVE TO FUTURE LIBRARY FACILITIES. reported Miss Helen Young's request for a conference with Council representatives concerning future library facilities. Miss Young to get her thinking on this matter, and this was satisfactory with Council. At a request from Mayor SEE Mayor Mayor Bredesen volunteered to meet with DRIVE-IN TEEATRE ORDINANCE RECOMBENDEDED. erdinance to regulate drive-in theatres. should be considered. Trustee Tupa recommended adoption of an Council in agreement that such regulation an sa. 261 11/13/61 Manager Hyde reported that he will be absent from the Village for the next . Council Meeting. % CLAIMS PAID: Tupa's motion for payment of the following Claims, as per Pre-List dated November 13, was seconded by VanValkenburg and carried: $10,972.68; Construction Fund, $1,923.72; Park, Park Construction and Swimming Pool, $9,429.57; Water Fund, $724.80; Liquor Fund, $95,362.06; Sewer Rental Fund, $970.42; Improvement Funds, $705,115.17; Poor Fund and P.I.R. Fund, $517.45-- Tota1,$825,015.87. General Fund, The agenda's having been covered, Dickson moved for adjournment. by VanValkenburg and carried. Motion seconded Adjournmemat 9:30 P.M. / Village Clegk MINUTES OF TEJE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, NOVEMBER 27, 1961, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Members answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Mayor Pro Tem Dickson presided in Mayor Bredesen's absence, and Captain Gans substituted for Manager Hyde . MINUTES of the Regular Meeting of November 13, 1961, were approved as submitted, by motion Tupa, seconded by Beim and carried. RECOGNITION GIVEN TO FIREMEN FOR COMPLETION OF MINNESOTA STATE FIRE SCHOOL COURSE. On behalf of the Council, Mayor Pro Tem Dickson congratulated Firemen William Feck and William Hansen on their completion of the Minnesota State Fire School Course given this year. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR OILING OF INDIAN HILLS ROAD FROM COUNTY ROAD NO. 18 TO INDIAN HILLS SUBDIVISION, AND OF ARROWHEAD PASS. Affidavit of Publication of Notice of Hearing, and reported the mailing of a copy of said notice to each affected property owner. Pursuant to said Notice, Mayor Pro Tern Diclcson called Public Bearing on this proposed assessment. At the laBt meeting, some of the property owners had objected being assessed on a "Per-Lot" basis, when they had assumed assessment would be on a staaight per-front-foot basis. Village Attorney Maynard Hasselquist, speaking as one of the affected owners, suggested that the Council levy the assessment on a straight per-front- foot basis, as requested by Messrs. Halla, Nelson and Haas at the last meeting, with Eetitioners-fo2- imp'rovement- to work BGt their '$n _arrangemen*rs. at a later tiine. Mr. Nelson suggested that it might be more equitable to assess on a "per-owner9' basis. Clerk presented -f. Beim offered the following Resolution and moved its adoption: RESOLUTION AMENDING PROPOSED ASSESSMENT FOR OILING, AND ADOPTING SAID AMENDED ASSESSMENT BE IT RESOLVED by the Vil.lage Council of the Village of Edina, Minnesota, as follows: 1. It is hereby found, determined and declared that the proposed assessments for Oiling of Indian Hills Road from County Road No. 18 to Indian Hills Subdivision, and of Arrowhead Pass, have been calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law, that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; that said assessment is hereby corrected and amended in such manner that it shall be levied against all footage abutting said Indian Hills Road from County Road No. 18 to Indian Hills Subdivision in an amount per abutting foot.equa1 to the total cost of said improvement divided by the total abutting footage; and that each of the lots, pieces and parcels of land enumerated in the foregoing amended assessment was and is specially benefited by the construction of the improvement for which such amended assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said amended respective assessments ,. and said proposed assessments are hereby adopted as the proper special assessments for said improvement. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each such assessment shall be payable in one installment, together with interest on the entire assessment from the date hereof to December 31, 1962, to be payable with general taxes for the year 1961, collectible in 1962.