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HomeMy WebLinkAbout19611211_regular2 63 11/27/61 condemnation hearing on a 21,000 square foot tract south of Valley View Road i PONDING AREA A? FJOODDALE IF POSSIBLE. and West of Wooddale Avenue will be held December 4; that Village appraisers have valued this tract at $1,260; owner's appraisers, at $2,100; that it may be possible to split the difference and settle for $1,760. authoritation to accept this settlement, and it was so ordered, by motion Beim, seconded by Tupa and carried. VALLEY VIEW ROAD TO BE ACQUIRED FOR $1,760 Village Attorney Hasselquist reported that reported that He asked Council's The agenda's having been covered, Beim moved for adjournment. by Tupa and carried. Motion seconded Adjournment at 8:OO P.M. fl , MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, DECEMBER 11, 1961, AT 7 :00 P .M., AT THE EDINA VILLAGE +L Members answering Rollcall were Beim, Dickson, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meeting of November 27, 1961, were approved as submitted, by motion VanValkenburg, seconded,by Tupa and carried. TREE TRIMMING IMPROVEMENT ORDERED: METHOD OF ASSESDENT STILL IN QUESTION. Clerk presented Affidavit of Publication in Edina-Morningside Courier November 30 and December 7, 1961, of ''Notice of Public Hearing Proposed Tree Trimming Improvement,". which was approved as to form and ordered placed on file. Copy of Notice mailed to some 750 property owners proposed to be assessed, was also submitted. Subsequent to said Notice, Mayor Bredesen called Public Hearing on the Proposed Tree Trimming Improvement, consisting of the pruning, trimming, cabling and bolting of the boulevard trees needing said work, in the following streets: W.44th St. between 4600 and 5204, both Nos. inclusive. Moore Avenue Cascade Lane North Ave. between 4425 and 4508, both Nos. inclusive. Thielen Ave. between 4366 and 4386, both Nos. inclusive. Millpond Place. Westbrook Lane between 4800 and 4845, both Nos. inclusive. Mackey between 4378 and 4394, both Nos. inclusive. Coolindge Ave. between 4379 a?d 4390, both Nos. inclusive. Brookside ,he. between 4300 and 4920, both Nos. inclusive. Brook Ave. between 4378 and 4392, bosh Nos. inclusive. Brookside Terrace, between 4333 and 4425, both Nos. inclusive. Rutledge Ave. between 4400 and 4840, both Nos. inclusive. Cleveland Avenue Vande rvo rk Avenue Oxford Ave. between 4440 and 4545, both Nos. inclusive. Motor St. between 5131 and 5243, both Nos. inclusive. Paddock Road Merilane Ave. Nai t Lane Rolling Green Parkway Bywood West Crescent Terrace Annaway Drive Circle East Circle West Spur Road Orchard Lane Cooper Avenue Brookview Ave. between W.52nd St. and 5615, inclusive. Oaklawn Ave. between W.52nd St. and W.56th St. Kellogg Ava. between W.52nd St. and W.56th St. Park Place Woodcres t Drive Golf Terrace Lakeview Drive Oak Drive Woodland Road Philbrook Lane Wooddale Ave. between W.50th St. and W.55th St. Wooddale Glen ItJooddale Lane. Before the formal Hearing began, a film was shown on methods of combatting and preventing Dutch Elm Disease. 12/11/61 27Q. Hyde explained .that the tree trimming improvemant is somewhat complicated by the fact that hot the trees in every block need work; that, outside the Efilldale and Rolling Green areas the tree trimming will be scattered in the other streets; that it is proposed to be assessed as follows: For the Rolling Green area, on a per-lot basis over the whole area, at an estimated $40.38 per Lot; on the HClldale area, on a per-lot basis over all lots in the area, at $52.82 per Lot. some attention, that lots are large and there are many trees. On "Area 3", which comprises all streets except those in the Rolling Green and Hilldale areas, on a per-lot basis against (1) the lots with the trees, plus (2) lots adjacent to lots having trees, whether these lots have trees or not, plus (3) lots directly across the street from lots having trees, whether or not these particular lots have trees, said assessment being an estimated $15.00 per Lot. He stated these methods have been suggested as the most equitable, because it is felt that the tree trimming improvement benefits not only the treed lots, but the neighborhood. It was also explained that those owners who had had their trees trimmed within the last year t70Uld be exempt if they could show proof of this work's having been done. Of the 750 owners affected by this improvement under the proposed method of assessment, some 25 were present at the Hearing. the improvement, but Mr. C.E. Belanger, 4708 Annaway Drive, Mr. F.H. Andrews, 3 Orchard Lane, Mr. John Olson, 24 Woodland Road, Mr. L. J. Aubrey, 5611 Brook- view Avenue, Mr. M. T. Battin, 21 Circle Nest, and Mr. R. Sonnenberg,5002 Moore Ave., all objected to the proposed "per-lot" assessment, several of them stating they feel that trees benefit the individual property and that if property owners want boulevard trees they should bear the expense of having them maintained. Mr. Aubrey explained he has the only trees on his block--that he will trim them himself; rather than have his neighbors assessed. half-block comprising Circle East there are four homes which have no trees set out by the Village--that he and his neighbors feel they should be exempted from any assessment levied, inasmuch as their tree trimming has bFen done by each neighbor individually. Mrs. Gladstone Stenson and Mr.C. I?. Freeman asked that the improvement be ordered, regardless of method of assessment, for the benefit of the community, Mr. Freeman pointing out that a community-sponsored project would afford a more uniform and better job than individual contracts. It was noted that some 1200 trees in the three areas need attention, and that better bids should be received for this sizeable project than owners- could possibly secure for individual trees. Beimmoved that the Tree Trimming Improvement be ordered, and that authorization for bids to be taken January 8, 1962, be given; that Public Hearing be continued to January 8 for the purpose of notifying affected property owners that because of objections to method of assessment proposed this evening Council will consider assessment against only those lots on which trees are trimmed, on a per-tree basis. carried. He explained that most of the trees in these two areas do need None of them opposed Mr. Battin stated that on the Motion seconded by Tupa and MOVING PERMIT DELAYED PENDING PUBLIC HEARING. Mr. H. 0. Broughton, 5201 Windsor Avenue, objected to a moving permit proposed to be issued December 12, to l4r. Ralph Sampson, for the moving of a home from 6142 Oliver Avenue South, Minneapolis, to 5208 IJindsor Avenue. 170Uld not be issued if there were objections by the neighbors; that he had promptly called to object, and then had heard nothing until he found that it was the intention to issue a permit tomorrow. Mr. Marthalen, 5205 Windsor, objected to the moving on the grounds that Mr. Sampson objects to the black- topping of the street. Mr. Broughton's contention was that the house under consideration is nine years old, and not in keeping with the other homes in the immediate neighborhood. Mr. Sampson disputed Mr. Broughton's statements, claiming the home had been build in 1955; that the County paid some $28,000 for it, that it is 42*x30%' and is of value commensurate with the other neighboring homes. He did say, on question fromMr. Broughton, that the home had been rejected for the lot immediately adjacent to his home on Zenith Avenue, because it is not of value comparable with these homes. be granted without notification to neighboring property owners of a public hearing. He told Council he had been informed that this permit Dickson moved that no permit Motion seconded by Tupa and carried. PUBLIC HEARING ON PROPOSED SANITARY SEWER FOR SCOTLAND HEIGHTS. Affidavit of Publication in Edina-Morningside Courier November 30 and December 7, 1961, of "Notice of Public Hearing on Sanitary Sewer", of Hearing mailed to all property owners. Affidavit was approved as to form and ordered placed on file, and, ~ pursuant thereto, Public Hearing was conducted on proposed Sanitary Sewer and Appurtenances on an easement line between Lots 8 and 9, Block 3, Creek Valley Addition, from Creek Valley Road to 296' South and' there terminating--this being to serve the Lots 1,2, and 3, Block 1, Scotland Heights Addition. Engineer's Estimate was given as $4,985.90, proposed to be assessed against three lots, at $1,661.97--revised after bids taken today, to $4,331.71, for $1,443.90 per Lot. improvement. Nr. Hugh MacMillan, 6724 Valley View Road, spoke in favor of it, stating that one of the neighbors is urgently in need of sewer service. Beim offered the following Resolution and moved its adoption: Clerk presented together with Notice There were no objections to the proposed * *:'i SANTTARY SEWER 'IMPROVEMENT NO. - 192 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 SANITARY SEWER AND APPURTENANCES on an easement line between Lots 8 and 9, Block 3, Creek Valley Addition from Creek Road to 296' south and there terminating, Valley 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 SEWER IMPROVEMENT NO. 192, and the area to be specially assessed therefor shall consist of Lots 1, 2 and 3, Block 1, Scotland Heights Addition. Motion for adoption of the Resolution was s were five ayes and no nays, as follows: ed by Tupa, and on Rollcall there '1- COUNCIL DENIES PETITION FOR VACATION OF STREETS, FOR LACK OF INFORMATION. Clerk presented Affidavit of Publication of "Notice of Public Hearing on Petition for - Vacation of Streets", in Edina-Morningside Courier on November 23 and 30, 1961, which Affidavit was approved as to formg7and ordered placed on file. said Notice, Council conducted Public Hearing on the petition of Glacier Sand and Gravel Co. for the VacatBpn of W.72nd and W.73rd Sts. from the East right-of- way line of France Avenue to the West right-of-way line of Chowen &4venue; Ewing Drew And Chowen Avenues from the North right-of-way line of W.72nd Street to the South right-of-way line of V.73rd Streets--these streets being the boundary lines of ''Harriet Park". easement running diagonnaly through the Harriet Park area; that if easements are secured for this trunk sewer there is no reason, from an engineering standpoint, why the streets cannot be vacated. Mr. Delaney, 7228 \Jest Shore Drive, wanted to know about zoning in this area, and there were statements made that there are signs up, advertising this property as "industrial". Petition for vacation explained that streets vacation is preparatory to the owners' petitioning the District Court for vacation of the plat of Harriet Park--but petition did not state the owners' reason for wishing the plat vacated. Council expressed the desire to learn more of owners' plans for the property before taking action on petition, and Dickson moved that petition for vacation of streets be denied. Motion seconded by Tupa and carried. Pursuant to Captain Gans reported that the Village has a trunk sewer CONTRACT AWARDED-FOR SANITARY SEWER IMPROVEMENT NO. 192. Tabulation of bids taken today, for the Sanitary Sewer to serve the Scotland Heights area, was presented, showing receipt of five bids, Northern Contracting Co.'s bid of $3,516 .OO being low, J. A. Danens and Son, Inc., second low at $3,595.20, and Peter Lametti Const. Co., third low at $4,058.22. Manager recommended award of contract to low bidder, and Tupa so moved. Motion seconded by VanValkenburg and carried. POLICE CAR BID ACCEPTED: VILLAGE WILL SETTLE DAMAGES TO OLD CAR FOR NOT USS THAN $1,500. Manager Hyde presented to the Council the one bid received today for a Police Car, in response to advertisements in Edina-Morningside Courier and Const. Bulletin November 30 and December 7, being that of Suburban Chevrolet Co., Hopkins, for a 1962 2-Dr. Chevrolet Biscayne, at $2,156.89, less Trade-In on damaged vehicle of $650.00, for Net Bid of $1,506.89. Manager Hyde recommended that the bid be accepted, but that consultation be had with insurance company for driver of the other vehicle, regarding settlement for the Village damaged vehicle, before deciding on the "net" bid. Some discussion was had on this point, Finance Director Dalen pointing out that the bidder's trade-id for the old vehicle is considered to be most favorable to the Village, considering the fact that the vehicle must be junked. of Suburban Chevrolet Company be accepted and the insurance company advised that the Village will accept a settle- ment of not less than $1,500, was seconded by VanValkenburg and carried. Dickson's motion that the net bid SPEED OF I4"lNS TRAINS THROUGH EDINA LOWERED BY MINN. RAILROAD AND WABEHOUSE COMM. Manager Hyde reported the Order of the Minnesota Railroad and 'Warehouse Commission, requiring that Minneapolis, Northfield and Southern Railway operate its trains at speeds not exceeding 20 mph at the Hansen Road and Grove Street crossings, 30 mph at the Whiting Street crossing. 20 mph at all three crossings, and Cdmission's order was issued pursuant to public hearing on the matter, held September 8, 1961. The Village had requested a speed not exceeding 12/11/6 1 27a ..-... ,I,* * m,. I >llN?A. WLROAb AND i.7MHOUSE COl&. TO CONDUc'T HEARING ON PGTTTION BUS SERVICE. at 9!30 &, in State Office Building, St. Paul, on the matter of Minneapolis Street Railway and Twin City Motor Bus Company petitions for discontinuance of Gw1 Service and reduction of Saturday and Sunday sentice. REkK!ED Announcement was made of the Hearing to be held December 19, COUNCIL VACATES DRAINAGE AND UTILITIES EASEmNT IN LOT 8, BLOCK 1, KOHLRIDGE 2ND ADDITION. The request of Everett, Thiel and Root, Attorney or VecaEion of a drainage and utility easement over the south five feet of/&&oEaf o? Kohlridge Addition now included in the boundaries of Lot 8, Block 1, Kohlridge 2nd Addition, was brought before the Council for consideration. reported there is no engineering objection to the vacation and VanValkenburg moved that the easement be vacated in accordance with request. Motion seconded by Tupa and carried. Captain Gans of this easement; ADDITIONAL COLLATERAL APPROVED FOR FIRST SOUTHDALE AND FIRST EDINA NATIONAL BANKS. two banks, and Beiin's motion approving collateral, as follows, was seconded by VanValkenburg and carried: Due May 15, 1964 - $500,000. November 15, 1962; Fed. Home Loan Banks Series A - $50,000 due April 15, 1963; U.S.A. Treas. 4% Series B - $100,000, due May 15, 1963; and U.S.A. Treas. Series G - $50,000, due August 15, 1962. Clerk presented list of additional collateral submitted by the above FIRST EDINA NATIONAL BANK - U.S.A. Treas. 4-3/40/, Series A Notes - . FIRST SOUTHDALE NATIONAL BANK - U.S.A. Treas. Series H - $100,000, due SPRING COHPANY COXPLDIENTS VILLAGE ON LOWERING PLANING AREA IN AYRSHIRE BLVD. PARK. Mr. C.E. Spring's letter, complimenting Council on lowering planting area, and asking for village plantings compatible with the plantings made by Spring Company some years ago, was read and ordered placed on file for action this spring. FINAL PLATS APPROVED SUBJECT TO PLANNING CONMISSION APPROVAL. reporting to Council for Planning Director Hite who is home ill; told Council that there was not a quorum of the ?$arming Commission present for the December meeting and consequently formal action could not be taken; that, however, at least two of the Commission members have concurred in approval of these plats. He suggested that plats be approved by Council with the understanding that approval will be secured by the Planning Commission before they are permitted to be taken from the office for record. North of Crosstown Highway. Nr. Earl Lally told Council petitions are already on file for water and sewer and that he has today filed petitions on behalf of Mrs. Trafzer and Mr. Hoppe for grading and graveling and would like to have this work done in 1962 if possible. to Planning Commission's approval of Final Plat. VanValkenburg and carried. B. EDINA PARKLANDS. Mr. Gisselbeck asked for Council approval in order that plat might be recorded before the first of the year. Mr. Zikan reported that profiles have been submitted, and that sewer and water are in, as is storm sewer. VanValkenburg's motion approving Final Plat of Edina Parklands subject to Planning Commission's approval of said plat, was seconded by Tupa and carried. C. HAYDEN ADDITION, the subdivision into two lots of that tract lying south of Benton Avenue, between Dale Avenue and Hansen Road. recommended that this plat be approved subject to developers making provision for Sanitary Sewer; and Dickson moved for approval of Final Plat subject to Planning Commission's approval, and subject to provision by developer for Sanitary Sewer. Manager Hyde, A. PEACEDALE ACRES-HOPPE REPLAT, an 11-lot plat of-the property just Tupa moved for Council approval subject Notion seconded by ' Manager Hyde Motion seconded by Tupa and carried. EASEMENT RELEASED TO FELLMANS IN CONNECTION WITH FELLMAN'S ADDITION: DEDICATION OF OUTLOT ONE, FELUIAN'S ADDITION ACCEPTED. Attorney Hasselquist presented for Council consideration two quit claim deeds--one running to Village from L.J. and Alma L. Fellman, for Outlot 1, Fellman's Addition; and the other running to the Fellmans from the Village and being to release a 50-foot watermain easement, recorded on July 9, 1958 as Document No. 562591. Dickson's motion accepting deed from the Fellmans and authorizing Mayor and Clerk to sign deed releasing easement, was seconded by VanValkenburg and carried. LEAGUE OF MINNESOTAMUNICIPALITIES BRIEF ON THE PEARCE REZONING CASE was presented to Council for perusal by Manager Hyde, who labeled it ''one of the most beautiful pieces of legal writing" he had seen in some time. WONG'S CAFE FOOD LICENSE TO BE SUSPENDED UNLESS PROPRIETOR COMPLIES WITH SANITARIAN'S ORDER. Manager Hyde reported, as a matter of information, that ~ ~~~ unless the proprietress of TJong's Cafe complies with orders by the Village Sanitarian, her food license will be suspended next Wednesday. Cohncil in agreement that ordinances must be observed by all. m 8 i2/11/6 1 ESCR0t.I FUNDS MAY BE lk"VSTEf3. being held in escrow by the Village. that inasmuch as such funds are being held by the Village as a trustee or Eiduciary there is nothing improper in investing the funds in government securities or a bank account which bears interest, providing such funds can be readily converted into cash when they are needed for the improvement. was decided by common consent that any interest received for such investments be credited to the improvement as a whole, rather than to individual depositors. Some discussion was had on the matter of funds Village Attorney Hasselquist had ruled It I .- _I -_ 19Gl BUDGET REVENUE RE-ESTIMATED: APPROPRIATIONS RE-ALLOCATED: TRANSFERS AUTHORIZED: LOAN FROM PIR EUND TO WATERWORKS FUND AUTHORIZED. Finance Director -~ Dalen presented a "Statemznt of Estimated Expenditures and Recommended Transfers", based on actual expenditures for the ten months ending October 31, 1961, which showed that the General Fund will be an estimated $38,316 over-expended on orignal budget figures. He reported that 1961 Budget's Estimated Receipts for Engineering and Clerical Services were low, and recommended increase of $39,600. Also recommended as a temporary loan to cover c$sts of iron removal plants (in lieu of selling additional revenue bonds) was transfer from Permanent Improvement Revolving Fund to Waterworks Fund of $37,000. Resolution and moved its adoption: Tupa offered the following RESOLUTION RE-ESTIMATING REVENUES AND REALLOCATING APPROPRIATIONS FOR YEAR 1961, AND AUTHORIZING TRANSFERS: ALSO APPROVING TRANSFER FROM PERMANENT IMPROVEMENT REVOLVING FUND TO WATEIIWORKS FUND, AS LOAN BE IT RESOLVED by the Village Council of the Village of Edina as follows: In preparing the Budget for the year 1961 this Council has incorrectly estimated the revenue to be received for Engineering and Clerical services; and said budget is hereby corrected by adding to the estimated revenues for said function the amount of $39,600. It is hereby deemed that certain appropriations made by this Council for the year 1961 are unexpended, unencumbered and not needed; and that their balances shall be transferred to other appropriations as hereinafter set forth: GENERAL FUND: GENERAL FUND: 1. 2. TRANSFERS FROM: TRANSFERS TO: Mayor and Council $700 Admini s t rat ion $1 , 600 Planning 1 , 150 Municipal Court 4,400 Election 1 , 100 Library 150 Ass e s s ing 2 , 300 Engineering 15 , 600 Fire Protection 700 Police Protection 300 Civil Defense 300 Public Health 100 Inspections 1,600 Special Assessments on Contingencies 7,000 Village Property 400 Settlement of suits 900 Central Services: Unallocated Capital General 8,050 Outlay 200 Village Hall 2,550 Finance 300 Legal Services 10 , 200 $16,250 Equipment Operation 12,500 $55 , 850 3. It is desirable and to the public interest to provide temporarily the funds needed to cover costs of iron removal plants without issuing additional Fund which may be used as a temporary loan to the Waterworks Fund; and authori- zation is hereby granted for transfer from the Permanent Improvement Revolving Fund to the Waterworks Fund, as a temporary loan to said Waterworks Fund, of .revenue bonds for same; funds are on hand in the Permanent Improvement Revolving $37 ,000. Motion for adoption of Resolution ~7as seco Beim, and on Rollcall there were five ayes and no nays, as follows: ye; Dickson, aye; Tupa, aye; alkenburg, aye; and Bredesen, aye; a CLAIMS PAID. List dated December 11, 1961, was seconded by Tupa and carried:' $62,896.11; Construction Fund, $4,050.90; Park, Park Const. and Swim Pool,$12,278.77; Waterworks Fund, $4,096.56; Liquor Fund, $43,673.04; Sewer Rental Fund, $559.14; Improvement Funds, $79,411.23; Poor and Joint Sewer Dist. No. 1 Funds, $4,776.77-- Tot a1 , $211,742.5 2. Dickson's motion for payment of the following Claims, as per Pre- General Fund, COUNCIL ADJOURNS TO THURSDAY, DECEMBER 28, AT 5:OO P.M. Some discussion was had as to date of next meeting, the Regular Meeting date being Christmas Day. Dickson's motion, that Council adjourn this meeting to Thursday, December 28, 1961, at 5 P.M. was seconded by VanValkenburg and carried. ed at 9:25 P.M. Village Clerk