Loading...
HomeMy WebLinkAbout19620122_regular13 1/8/62 NOM, TEWFOm, BE IT RESOLVED BY THF: VXLLAGE COUNCIL OF THE VILLAGE OF EDINA , MINNESOTA t (1) the following classes of records described in the list submitted to the counci 1 : All orders, vouchers and checks) Dated January 1, 1951 through The Finance Director is hereby authorized and directed to destroy a. b. All receipts and correspondence) December 31, 1951. Motion for adoption of Resolution was seconded by VanValkenburg, and on Rollcall ARBITRATION DISCUSSED. Manager Hyde reported that Messrs. Arthur Bredesen, Larkin McClellan and Herbert Smith have had two or three sessions, expect to meet once again, and it is expected that Mr. Bredesen will be prepared to submit a report to Council at its nexk meeting; that employees tiill be paid at their 1961 rate on the January 15th payroll, with adjustments to the 1962 rate to be made on the last payroll of the month. CLAIMS PAID. January 8, 1962, was. seconded by VanVaLlcenburg and carried, claims being as follows: General Fund, $7,145.62; Park, Park Construction and Swim Pool, $6,609.92; 1?aterworks Fund, $1,125.10; Liquor Fund, $4,605.96.; Sewer Rental Fund, $27.50; Improvement Funds, $2,210.37.; Poor Fund, $344.88 - Total, Tupa's motion for payment of Claims as per Pre-List dated $22,069.35. .~ Tupa then moved for adjournment. carried. Adjournment at 9:30 P.M. Motion seconded by. VanValkenburg and MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD.MONDAY, JANUARY 22, 1962, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Hembers answering Rollcall were Dickson, MacMillan, Tupa, VanValkenburg and Bredesen. MINUTES OF REGULARMEETING OF JANUARY 8, 1962, were approved as submitted, by motion Dickson, seconded by VanValkenburg and carried. D?ENTY-YEAR SERVICE IN VOLUNTEER FIRE DEPARTMENT RECOGNIZED. announced the retirement of four members of the Volunteer Fire Department-" Messrs. A. B. Johnson, Joe Rush, A.P.F. Anderson, and C. 1.7. R. Garlson. Messrs. Johnson and Carlson were present to hear the Mayor express the thanks of the Council for their long service to the Village. Manager Hyde HILDING DAHL' S TWENTY-FIVE YEARS' POLICE SERVICE RECOGNIZED. Mayor Bredesen congratulated Officer Hilding Dah1 on his twenty five years of service with the Edina Police Department. COMMENDATION TO CLIFTON FRENCH ON SERVICE AS PARKS AND RECREATION DIRECTOR. Manager Hyde formally announced the resignation of BIr. Clifton French, Recreation and Parks Director, effective February 1. Mr. French is leaving Edina to take the position of Superintendent of Hennepin County Park &serve District. was commended by Mayor and Council on his untiring efforts on behalf of the Edina Park Sys tem. Bfr. French PUBLIC I-IEARINGS ON PROPOSED SANITARY SE%ER, WATERMASN, STOlSM SEXERS (4) AND STREET SURFACING AND CURB FOR ROLLING GREEN. in Edina-Morningside Courier of P'Notice of Public Hearings", January 11 and 18, 1962, and of mailing of notices to owners of affected properties January 11. Pursuant to said Notice, Mayor Bredesen called Public Hearings on the above- entitled proposed improvements. that, rather than explain the various proposed improvements throughout the evening as the hearings progressed, plans and estimates for the various improvements will be presented now. from the most economically feasible and practical po'int of view; that, if the streets are to be torm up for one improvement now, it is more e.conomica1 and practical to do all the underground work at one time, before resurfacing the streets, than it is to install sanitary sewer, now, and then go' back at some future time and install watermains; also, that if the streets are torn up, they Clerk presented Affidavits of Publication Manager Hyde suggested to Council and audience Captain Gans explained ahat the improvements -i 1/22/62 i must be resurfaced vithout undue delay, both for the convenience of the residents and to save maintenance costs. With the aid of slides, showing plans for all the proposed improvements , Captain Gans gave the following estimated costs : amount of $2,480.00 per connection, for,78 connections, for a Total of $193,900; but that because some properties can be served by gravity and others must be served by means of lift stations, the costs are estimated to be as follows: Green : 14 1. SANITARY SENER - He explained that the public notice had set forth an I A. Bn the comprehensive project, which would serve all lots in Rolling For the lots to be served by gravity - $1,520 per connection. For the lots to be served by force main and lift station - $2,800 per connection. 1. 2. B. On a reduced improvement, in Bywood West, Annaway Drive, and Plait I Lane to cul-de-sac only: 1. 2. For the lots to be served by force main and lift station - 2. UATERHAIN - This line would serve four additional connectidns south of For the lots to be served by gravity - $1,770.00 per connection. $2,800 per connection. Interlachen Blvd. per connection for 82 connections. Estimated Cost is $101,400, proposed to be assessed at $1,240 3. STOR31 SEVERS, of which there are four, identified briefly, as follows: A. Bywood Vest-Crescent Terrace. Estimated Cost, '$5,000. proposed to be assessed against 248,800 Sq.Ft. for $.02 per square foot. E. Annaway Drive. Estimated Cost, $7,700.00, proposed to be assessed against 988,800 Sq.Ft., for $.001 per Square r'oot. C. Annaway Drive-Mait Lane. Estimated Cost, $8,000.00, proposed to be assessed against 130,000 Sq.Ft., for $.06 per square foot. D. Opposite No. 7 lierilane - Estimated Cost, $1,050.00, proposed to be assessed against 438,000 Sq.Ft. for $.002 per square foot. A. For Bituminous Surface Only - $101,100.00, for $5.02 per Assessable B. For Portland Cement Concrete Curb and Gutter and Bituminous Surface - 4. STmET SURFACING - Foot. $153,450.00, for $7.62 per Assessable Foot. At this time Hanager Hyde explained to Council and the audience, which numbered about 150 persons, that the Village does not have evidence of water contamination in this area; that, last October 3rd the Village Sanitarian tested the three largest ponds in the area and there ~7as no indication that there ~7as sewage running into these pools; that, very recently, eight tests have been made on the water €,om private wells of Rolling Green residents, and that all eight have been free of the colcbform organisms and nitrate nitrogen which prove contamination; that, in adaition to this, three tests have been made this past year,(as the result of an ordinance adopted by Council which requires a "percolation" test on the ground to determine if the soil will, absorb 1iquid.i-and the satisfactory results of such tes,p--before a sept'ic tank is permitted to be installed); that all three tests have proven satisfactory, and there is no evidence to the effect that the soil will not support septic tanks and drain fields in this area. PROPONENTS: Mrs . Gladstone Stenson, 4811 Bywood Best , sponsor of the -petitions for Sanitary Sewer, Watermain and Storm Sewer, was first to .speak for the proponents. evening, with the resurfacing of the street--which, she stated, has caused considerable confusion because it is proposed ?n a per-front-foot basis--to be considered at a later time. Sewer, saying that many in the neighborhood are having to have their private sewage facilities pumped constantly at some considerable expense; that these residents are suffering serious inconvenience because of sewage's backing up into their basements; that there ~~7as a sewage back-up at the S.R.Berglund residence,4808 By~./oodT.Test, before the son, James Berglund, became ill; that a worker at the on ajp-rivate sewer sys tem; that Rolling Green is getting a bad 'name throughout the entire area because it does not have public sewer service. called on DrJEakm, a former resident of Hilldale, to substantiate her contention that the Rolling Green area sewage may be contaminating the water supply, even though Rolling Green water does not show contamination. Dr. Baken gold the Council that, tqh'&le he and his family were living in Hilldale, on the property backing to No. 14 Paddock Road in Rolling Green, his infant daughter, and subsequently the balance of his family, had become ill with dysentary, he had had his well water tested; that it showed 23 parts-per-million of nitrates--wnich the State Health Department had told him today, shows definite evidence of cross-contamination of the well water by someone's cesspool or drainfield. Dr. Wen told Council - 1. That there is a large swamp behind his house; 2. That his house faces a street in Hilldale and is many yards from any dwelling in Rolling Green; 3. That the street in Hilldale which his house faces now has a Village sewer; 4. That the illness about which he spoke occurred in February, 1960, and he moved from this location in October of 1960; that the test on the water 1.7as made at his 01711 laboratory in the St.Louis Park Nedical Center. I She asked that only the three petitions be considered this Nrs. Stenson streas,ed the special need for Sanitary G.F.Raymond residence, 4801 Bywood Vest, was killed while working Nrs. Stenson I At questions from Attorney Neville, who represented the opponants, 15 1/22/62 Nrs. Stenson reported a bill of $223.28 for repairs to her sewage system; t‘, stating Rolling Green residents are now being assessed for trunk sewer and watermain, that if they cannot get the lateral service, they should not be assessed for trunk costs. She told Council that this is not a poor neighborhood; that she feels the improvements would be no hardship, if the residents would just re-evaluate their standards. She reported support for project from Nr. S.D.Rollins, Jr. ,owncsr of one lot, The letter of Mr. Kenneth R. Jensen was read. Mr. Jensen’s letter stated that he, as the owner of one of the newest homes in the area, has an unusually large septic tank facility and drain field; that his well is deeper and larger than most, but he hopes he lives in an enlightened age, in a neighborhood of thoughtful people who must rightfully come to the conclusion that public sanitation is necessary for the continued health and growth of the area; and strongly urges that the Council lend its support to the public spirited citizens asking for the improvements. Dr. J.R. Mitche11,4817 Bywood lJest,reported that he is afflicted with a sanitation problem; that he has two cesspools and one septic tank ten years old; that since this last summer his expenditure for having his facilities pumped has averaged $40 per month; that both Roto Rooter and Rotomatic have told him there is no solution to his problem except to keep pumping; that, basically, he should not be required to pay on trunk mains and not have service from them. into the neighborhood 3% years ago, their water became foul; that Culligan had to add a new iron filter tank with each delivery to control this problem; that their cesspool has been pumped on two occasions, and that when sewer backed into the basement it was necessary to carry out the waste in buckets and dump it in the yard. Mrs. Neuman told Council the Neumans had had an estimate of $2,000 for a new drainfield; that they object to spending this amount on a temporary solution when village sewer service can be had; that in this type of community septic tanks, cesspools and drainfields are outmoded ; that it will be difficult for developers to sell their lots when word has spread of sanitation problems in the region; that if the area is not improved as a whole at this time the ultimate expense per lot will be considerably greater, and that over a period of years city sewer and water will prove to be more economical. Mr. S.P. Jones, 4724 hnaway Drive, reported that he is in a position where he will probably have’to install a new drainfield, at a cost of $2,000; that he is in favor of the sever, now, but that if he spends $2,000 on his private sever he will be opposed to village sewer; that this problem will continue to be one of neighborhood disagreement. Cesspool Service since this last spring, $60 to Renner IJell Digging Co., and $40 for flushing out the furnace; that they cannot use their garbage disposal, and that they are having to install a new air conditioner. Mr. Walter Broich, Mait Lane, told Council the lots above him do not need a storm sewer because all their water goes into his yard. Dr. R.B. Neuman, 14 Paddock Road, reported there is frozen sewage on Paddock Road right now; that this cannot help but be a health hazard to children playing in the area; that after he had contracted typhoid fever he had the well water tested, and there M~S evidence of nitrates therein; that the Rolling Green’area is surrounded village residents who do have village sewer and water, and that the village residents of Rolling Green are entitled to this privilege as well. private system, backing up into their basement laundry room and recreation, causing him undue distress during.an illness. support the proposed improvements. Letter from Mr. J.H. Fretwell, 4700 Merilane, was read. Letter stated, in part, “During the two and a half years of our residence we have been denied any planned use of our entire lower level, comprising recreational areas, guest rooms, etc., because of the frequency of over flowed drains”, and cited devaluation of property 17ith the lack of health and welfare provisions of a normal society. but opposing storm sewer, was filed. have advised him that the private system in his house is failing and must be corrected in 1962. Dr. Sponsel asked that his name be deleted from the opposing petition and added to the petition in favor. to act in favor of the improvements for all the reasons hereinbefore stated. a map of Rolling Green, showing opponents to number 37 homes and 12 vacant lots (a majority of the properties in the area). need for Sanitary Sewer, with Water accompanying it, in Rolling Green?” Stating that, in addition to the tests made by the Village, the opponents had had ten water tests made, all of which proved to be negative as to coliform bacteria, Wr. Neville added that a total of some twanty tests have now been made,of the 52 homes in Rolling Green, and not one case of water pollution has been found. about the cost of the improvements, Mr. Neville told Council that in addition to the estimated $5,400 per lot for the street improvements, it is estimated that the cost of hook-up is eight to ten dollars per dknning foot--which would bring the Nrs. R. P. Neuman, 14 Paddock Road, reported that since the Neumans moved Mrs. S. R. Berglund,4808 Bywood West, stated she has paid $226.00 to Ray‘s Mr. Gladstone Stenson, 4811 Bywood West, spoke of the sewage from the Stenson’s room He asked that residents get together to Dr. Kenath H. Sponsel’s letter, asking for sanitary sewer and watermains, It reported that sewage disposal experw Mrs. Stenson summed up the petition for the proponents by asking the Council OPPONENTS: Attorney Philip Neville, representing the opponents, presented He asked the Council, there a Talking I 1/22/62 16he Total Cost per Lot to about $6,000. Mr. Neville added that the opponents believe it is possible for those having sanitation and water troubles to remedy their troubles privately, at less cost than that of public facilities; and believe the entire Rolling Green area should not be burdened with the high costs attendant upon public facilities. + the Council. Mr. Balch objected-to improvements - 1. On the basis that the high cost thereof would preclude the sale of his vacant lot; and 2. On the basis that there is no need privately at a lesser cost. Council, reported that "Virtually no problem exists in obtaining a satisfactory . supply of water at a reasonable depth--at a depth of less than 300 feet", and -- "Septic tank design and installation is simple and inexpensive and should offer no problems, provided tanks of sufficient capacity are used to accommodate the loads to which they will be subjected;'Ithat pumping is necessary at intervals of two to five years, at a cost averaging $30.00 for a 1000-gal. tank. He added that some homes have been built on low ground and even marsh areas which were filled in--that the trouble, here is th'at the water table is high and that if toilets are used in the basement a sewer ejector pump is needed, at a cost of $500 to $600, or, if there are no basement toilets, a lift pump can.be used at about half this cost; that failing private sewage systems can be corrected, at less cost than installation of public systems. . Mr. Dumard E. Balch,4909 Bywood West, read from a letter he later filed with 1 for public facilities when individual problems can be solved Mr. V. I,. Balling, 4600 lierilane, reading from a letter later filed with Mr. R, W. Carlson, 12 llerilane, and the owner of eight lots in the affected *area, also maintained that private systems can be constructed for less than the To substantiate his statements he read quotes.secured proposed public service. from Max Renner Vel1 Company, Inc., for his home at 12 tlerilane, of $1,200 to $1,500 for a 6*' well drilled to a depth of 200 feet; $550 for "digging up and fSling present cesspools, furnishing and installing complete 1 -1500 gal. concrete septic tank in conjunction with 300 1in.feet (600 sq. ft.) 4" drainage tile, from Hoglund Plumbing Co. Pir. Carlson reported he has spoken with two real estate men who have told him frankly that they would not be interested in his lots until at least lialf of the special assessments have been paid. Nr. James Smith, 4904 Rolling Green Parkway, reported that he and his family were aware when they moved to Rolling Green that it: did not have sanitary sewer and watermains, and were satisfied with this situation; that his troubles have been minor troubles and have been solved privately; that he and tlr. Arthur Mason, 4908 Rolling Green, (for whom he is authorized to speak), simply cannot 'afford the system proposed, and believe most property owners can and have solved their own problems; that he and Mr. Mason cannot afford the public system and do not believe it is needed. Mr. Neville read from a protesting letter filed by Mr. R. F. Tickle, 33 Crescent Terrace, stating that after spending about $1,000 for cesspool and drain field several years ago there had been no trouble at his home; that within the last couple of years he had expended $1,700 for a submersible pump. asked that "Council not approve the proposed projects until every other avenue has been exhaus ted". January 18 and filed with Council. He objected on grounds of - 1. No substantial evidence-of need; 2. Inequitable assessment of costs. Here, Mr. Furber advocated that those persons now having satisfactory private systems (for which they .have spent substantial sums) be considered in assessing the cost of a public system which would give real benefit to only a few. He asked that the Council consider an alternative--construction of "only such localized improvement projects as nay be shown by substantial evidence to be immediately necessary", designing the system so that it may be completed at some later date if the remainder of the area is then in need of it. He told Council that if such a deferment should run for five years, the saving in interest alone would offset a 25% increase in construction cost five years hence. Mr. Furber stated the cost of the proposed improvements aould be "difficult for me to absorb". Mr. J.E. Rehmann, Jr., 4904 Bywood IJest, asked that the Council a fact that a good share of the sponsoring petition represents vacant land which has always been considered s97amp; that public improvements, now, will benefit only the real estate developer:. Mr. B.E. Mullen supported his letter of objection to the Council, stating that his residence at 15 Paddock Road is near the Baken residence; that he has lived at this address for 22 years and has had no difficulty with his private sewer and water systems; that in his opinion, the proposal for public sewer and water is unnecessary and so costly as to destroy property values in the area. no justification, no need, and no reason for the petition, and submit that petition and its ramifications should be denied. V.Carlson's statements about devaluation of property as result of proposed improve- ment is incorrect; that Mr. Gunnar Johnson has had lots returned to him when prospective purchasers became aware there was no public sanitation system; that >ir. Tickle's information sizould be worth little because he uses his homs so seldom; Letter Hr. J.Roscoe Furber,4805 Rolling Green Parkway, read from a letter dated I In his summary statement, llr. Neville stated the opponents believe there is In rebuttal for the proponents, Mrs. Stenson told Council she believes Mr. R. 1/22/62 that insofar as concerned, proponent Fretwell cannot afford to keep his residence if he is forced to continue heavy maintenance expenses on his private system. in the Country Club had village sewer and water, and that he had trouble with it many times--that public facilities, as well as private facilities must be maintained, and public facilities are not the complete answer. He added that he, too, is unable to afford the proposed improvements. digging their own wells and putting in ne\;/ drainfields themselves?'" that drainage, which is substantial at Mait Lane and Annaway Drive; that village employees diverted this water into empty lots controlled by Gunnar Johnson; that this water came up into his back yard into the location of the drainfield, nullifying its effect. Mr. Gray informed Mr. Bellanger this work ~7as done by Mr. Gunnar Johnson, himself, not by the Village. In closing the Public Hearings, Mayor Bredesen told the audience that the only real answer to the problem is the installation of public facilities; that .the c0s.t of such installation will be greater at a future timE than it would be at this time; that the cost of a piece-meal installation will be greater than the cost of the entire improvement, now; that the residents of Rolling Green, with the very substantial investments they have in their homes, can afford to take the long point of view, because their property will be worth more upon installation of public facilities--but that, on the other hand, he, at least, is not convinced that there is an immediate, pressing need for the complete improvements as p'roposed; that because the engineers have informed that some twenty- two of the lots on the west side of the area can be served by a separate system (this is the area in which most of the petitioners reside), and because, in cases where there is not evidence of public health need it has been customary to make improvement installations on the basis of what tne owners of affected properties ' v7ant, ne, at least, would like additional time to study the matter. He suggested the claims of "can't afford it" by the opponents are *. 1 7 -$, < Nr. H.M. Merchant ,4912 Rolling Green Parkway, reported that his residence Mrs. Mullen inquired as to "Just hat is the matter with home owners Mr. Ed. Bellanger, asking to be allowed to answer Mrs. Nullen, reported m E. 2.. -3 22 E ' that the Public Hearing be continued, to give the Council an opportunity for . Monday, February 26, at 7:OO P.M. Motion seconded by VanValkenburg and carried. additional investigation. Tupa moved that the Public Hearings be continued to PUBLIC HEARINGS HELD ON ZONING VARIANCE REQUESTS. Pursuant to Planning Commission recommendations of January 3rd, and notices mailed to affected property owners, Public Hearings were held, and action taken as hereinafter recorded, on three requests for side yard variances from zoning requirements: ADAMS BUILDERS REQUEST FOR FOUR FOOT SETBACK FROM S. LOT LINE OF LOT 23, BLOCK 11, PJORMANDALE SECOND ADDN. (6405 ROLF AVE.). variance from zoning requirements, was supported by written consent of adjacent property owners. permitted t7as seconded by Dickson and carried. ED. PLEHAL REQUEST FOR FIVE FOOT SETBACKS AT 425 WASHINGTON AVE. This request for a five-foot side yard on the North lot line (ordinance requires 6.4 feet) was entered without objection by neighbors, and Tupa moved that the variance be granted. SECOND ADDITION (6320 MILLER'S LANE) occasioned no objections from owners of neighboring lots. Dickson's motion that variance be granted was seconded by VanValkenburg and carried. , This request for a one-foot Tupa's motion that variance be No objections were registered. Motion seconded by MacMilLan and .carried. L. V. MILLER REQUEST FOR SIX-FOOT SIDE YARD AT LOT 1, BLOCK 2, MILLER'S It was noted that a Village ponding area abuts this property. CONTRACT AWARDED TO =LAND TREE SERVICE - TREE TRIMMING IMPROVEMENT NO. T-3 Manager Hyde reviewed the bids taken January 8, stating investigation has now been made of the low bidder's work in Richfield; that'it is found to have been satisfactory. He recommended award of contract to low bidder, Lakeland Tree Service, and VanValkenburg so moved. BIINNEA4POLIS GAS COMPANY'S NOTICE OF A RATE REDUCTION FILED. Gas Company's notice of a reduction in rates, which, after bills rendered January 31,1962, will establisn rates effective in 1959, and ordered notice filed. Reduction is two cents per thousand cubic feet in 2nd and 3rd block of General Service Rate. Motion seconded by Dickson and carried. Council reviewed RURAL HENNEPIN PUBLIC HEALTH NURSING SERVICE REPORT FOR DECENBER, 1961, AND BUDGET FOR 1962, were reviewed and ordered placed on file. EIINNEAPOLIS POLICE SUPT. COMMENDS EDINA POLICE FOR COOPERATION AT SCENE OF NEBTON AVENUE SHOOTING. Minneapolis Police Dept. Supt. E.I. IJalling's letter of appreciation to the Edina Police Department for their services in the above matter was read and ordered placed on file. J.E. WESTHOFF CONGRATULATES POLICE AND FIRE DEPARTbENTS ON EFFICIENCY IN EMERGENCY. Mr. Nesthoff's letter of appreciation to Fire Chief Mitzel, "for the excellent manner in which you handled our fire emergency on January go, was reviewed and ordered filed. 1/22/62 ' BROUGHTON PROTEST AGAINST NOVING OF DIIELLING 'hl 5208 I.ITNDSOR AVEATE BRINGS DISCUSSION ON '%lOVING OfilDIN&4CEtf. Mr. H. 0. Broughton's letter of protest against Council action taken January 8, to issue permit for moving dwelling from 6 Sheridan Avenue to 5208 Bindsor, brought discussion as to a possible amendment \ of the Moving Ordinance 52A adopted in March, 1960. Tupa were in agreement that Council should prohibit the moving of dwellings from outside the Village into Edina. reviewing events leading to adoption of Ordinance 52A, including several stormy "house moving" hearings, and finally court action against the Village in one case. the moving of dwellings from outside Edina into the Village, but Village Attorney Hasselquist told Council such prohibition is unconstitutional. to answer Mr. Broughton's letter. from outside Village should be discouraged whenever possible. MINNEAPOLIS BUILDERS SUPPLY COIPANY REQUESTS CONDEMNATION OF ROAD FOR LANDLOCKED TRACT. Nanager Hyde read request of R.A. Bertelsen, President, Ninneapolis Builders Supply Company, that Village consider the necessary action to provide an access road for the "l1/4 of SE1/4 of Sec. 31aTwp.28,R.24". abut on 76th street, if it were extended Vest from France Avenue across the Roberts property. develop their tract into residential sites; that the Oscar Roberts interests say they are not ready to consider development of their property at present and for that reason are unwilling to lay out a street; that the extension of 76th street is a part of Village plan of development. make formal request to the Oscar Roberts Company before taking action, and 5t was so ordered. Nayor Bredesen and Trustee Considerable discussion followed, Mr. Hyde Trustee Tupa suggested an amendment to the present ordinance, prohibiting Manager directed Council's opinion was that moving into Edina This tract would Planning Director Hite told Council that petitioners are anxious to Manager Hyde suggested that the Village OVEREIOLT BUILDING WORKERS PETITION FOR DRIVENAY FROM SHERUOOD ROAD. signed by sorn~t Ci-zentytfive workers in the Overholt Building, 5301 h7y.#169, requesting that driveway be permitted from Sherwood Road into the building parking lot, to decrease the safety hazard of left-hand turns from and onto Highway #169, was reviewed and discussed. Nr. Billiam Fuzzey, 6120 Tingdale Ave., one of the petitioners, was present to support the petition, commitment had been made to the Richmond Hills area residents, at the time this property was rezoned, that there would be no ingress nor egress to or from the building from Sherwood. Mr. Fuzzey reported that he is present as one of the tenants of the building; that he had not known of the commitment, that there is a very definite traffic hazard, now. Manager Hyde told Council he could see no real objection to a driveway ohto Sherwood Road at this time. Inasmucji as a definite commitment has been made, it was suggested that this petition be presented to the neighborhood association for consideration before action by Council; and Manager was directed to make such notification. COUNCIDIAN OBJECTS TO PARKING IN "LIBRARY LANE*' AND ON FRANCE AVENUE. conjunction with the traffic hazard mentioned above, Trustee Tupa reported that there are cars constantly parked in "No Parking" Zones on both Library Lane, and France Avenue between 11.49% St. and 50th St. DEVELOPER ASKS RELEASE OF "VALLEY VISTA" PLAT FOR RECORDING. Brenner, developer of Walley Vista", requested Council action releasing Final Plat in order that it might be recorded. Mr. Brenner maintained that he had done everything required for release of plat, whereas Manager Hyde maintained that.agreement has not been signed €or financing of underground utilities in the subdivision. Mr. Brenner's argument was that his plat should qualify for ten-year special assessment of utilities. and matter ~7as referred to Village Attorney Hasselquist for his opinion. A petition He was informed that a ,In .* Attorney Hugh Some considerable discussion folloved, COUNCIL NOTIFIED OF t'LIBRARY'rIIEETING TO BE HELD FEBRUARY 7. Council received invitation from Idiss Helen Young, Director of Hennepin County Library, to attend meeting with Edina citizens, for a discussion of the "p'roblems and needs of the library in the community". TAX FORFEITED LANDS DECLARED '%ON-CONSERVATION AND FOR SALE": SOXE TO BE ACQUIRED FOR PARK, DWNAGE PURPOSES. Clerk presented Hennepin County Land Commissioner's List "52s-C" of tax foxfeited lands, toget er with tile recommendation of the Park Board that the Village acquire Lots 12 to 20, inclusive, Block 15, Cleveland's Subdivision of Enma Abbott Park, for park purposes, and Captain Gans' recommen- dation that Lot 5, Block 4, Mendelssohn, and Lot 6, Block 1, Valley View Slope, be acquired for storm sewer purposes (ponding area). VanValkenburg offered the a following Resolution and moved its adoption: RESOLUTION DECLARING TAX DELINQUENT LANDS *%ON-CONSERVATION AND FOR SALE". IFcIE~~EAS, The Village Council of the Village of Edina,.Hennepin County, - Ninnesota, has received from the County Auditor of Hennepin County, Elinnesota, a list of lands in said village which became the property of the Sthte of Minnesota under the provisions of law declaring the forfeiture of land to the state for non- payment of taxes, which said list has been designated as Classification List "528-C"; and 19 . 1/22/62 W€E1ZF;AS, each parcel of land described in said list has heretofore been z. -.! classified by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners : NOW, THEREFORE, BE IT RESOLVED, by said Village Council, acting pursuant to Minnesota Statutes for 1949, 'Section 282.01, Subd. 1, that the said classification . . by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. 'i The question was on the adoption of the re there were five ayes and no nays, as foll (VanValkenburg theq offered tihe- following Resolution and moved its adoption: RESOLUTION FOR ACQUISITION OF TAX FORFEITED FOR PARK: STORbi SEWER PURPOSES BE IT RF;SOLVED by the Village Council of the Village of Edina, Minnesota, that - the Village Attorney he authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax-Forfeited Lands,s6 for the following property contained in Hennepin County Auditor's List 'i528-C", said property to be used by the Village of Edina for Storm Sewer and Park purposes, as hereinafter set forth: FOR STOW SEWER PURPOSES: Parcel No. 38241 - Lot 5, Block 4, Mendelssohn Addition Parcel No. 38243 - Lot 6, Block 1, Valley View Slope I FOR PARK PURPOSES: Parcels Nos. 38231 through 38239, incl. - Lo'ts 12 to 20, inclusive, Block 15, Cleveland's Subd. of Blocks 2,3,4,13, 14 and 15, Emma Abbott Park BE IT FURTHER RESOLVED t,hat the Mayor and Clerk of this Village be, and hereby are, authorized and directed to sign said application on behalf of the Village of Edina . Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there were lkenburg, aye; and Bredesen, aye; and t CIRCLE EAST-CIRCLE FIEST SANITARY SEWER HEARING DELAYED FOR FURTHER INVESTZGATION. Bianager Hyde told Council there is now sewage on the ground in the Hilldale area. He suggested that Public Hearing on a proposed improvement be delayed pending further investigation; and it was ordered that Council delay scheduling hearing pending report by Manager. PROPOSED IMPROVEMENT PROJECTS CANCELLED. Dlrector Gans, recommending cancellation of the following petitioned improvement projects : to Tingdale Ave. - for reason only signature was from owner of abutting property. a 2. Storm Sewer -Halnut Ridge - for reason problem has now been largely eliminated. by Dickson and carried. COUNCIL DEFERS ACTION INDEFINITELY ON SEVERAL PETITIONS. Public Works Director's recommendation for indefinite deferral of action on the following petitions , vas reviewed: Bclmore Lane area - recommended deferred pending an over-all area drainage study. recommended deferred pending firm Hwy.Dept. plan for interchange at $100 and Uenton. deferred $ending area-wide improvement. deferred until underground utilities are in. deferred pending solution to land usage problem - W.76th St., Xerxes Ave. to France Ave. deferred until area storm sewer study has been completed. Council reviewed report by Public Works 1. Grading, Gravel, Blacktop, Curb & Gutter - V.66th St. from Naomi Drive Tupa's'motion for cancellation of these petitioned improvements was seconded 1. Storm Sewer Petition No. 55 of June 4, 1960 - Blake Road, Griffit St., 2. Asphalt Concrete Surfacing Petition No. 116 of October 11, 1956 - 3. Asphalt Concrete Surfacing Petition No. 261 of June 20, 1961 - recommended 4. Asphalt Concrete Surfacing Petition No. 148A of May 5, 1958 - recommended 5. Grading and Gravelling Petition No. 111, of August 17, 1961 - recommended 6. Storm Sewer Petitions Nos. 49 and 50 of November 23, 1959 - recommended Tupa's motion, that Council defer action on the foregoing petitions in accord with Public Works Director's recommendations, was seconded by Dickson and carried. 1/22/62 "SUNDAY CLOSING" ORDINANCE INTRODUCED: TO HAVE NARING FEBRU&Y 5. Some discussion was had relative to the Sunday Closing Ordinance proposed. motion introducing "AN ORDINANCE RELATING TO BUSINESS ACTIVITIES ON SUNDAYS, PROHIBITING CERTAIN OF SUCH ACTIVITIES, AND PROVIDING PENALTIES -FOR VIOLATIONS", and scheduling Public Hearing on said Ordinance for Monday, February 5, 1961, at 7:OO P.$L , ~7as seconded by Dickson and carried. Tupa's '9RIVE-IN TJBATRE" ORDINANCE AGAIN REQUESTED. report on the ordinance regulating Drive-In Theatres, which he had requested some time ago. Trustee Tupa again asked for a Ordinance not ready for Council consideration. NEI7 "IhECREATION AND PARKS DIRECTOR" INTRODUCED. Nr. Kenneth Rosland ~7as introduced as Edina's new Recreation and Parks Director. T.JOODDALE AVENUE TO BE EXTENDED FROM NANCY LANE TO CROSSTOYN, AS FOOTPATH. Eyde told Council the County Highway Department has agreed that they will take bids for pedestrian-bicycle overpass over Crosstown Highway just as soon as they see fill going into Wooddale Avenue at Crosstown Highway. from Nancy Lane to Crosstown as foot-and-bicycle path only. authorizing Manager to advertise for bids for Wooddale Avenue extension on basis recormended was seconded by VanValkenburg and carried. llanager Plan is to extend Wooddale Dickson's motion POOL INGRESS-EGRESS RELATIVE TO CROSSTOWN MtP TO BE STUDIED. FURTHER. Recommendation of Park Board, that Village study traffic pattern at pool parking lot, relative to ingress and egress therefrom in connection with Crosstown ramp, was reviewed. Hyde told Council he believes it will be necessary to have a part-time traffic guard at the pool this summer; that traffic should be studied one summer before action is taken . Manager TRUSTEE DICKSON APPOINTED ElAYOR PRO TEM. Mayor Bredesen's appointment of Trustee f.3.N. Dickson as Mayor Pro Tern for Year 1962 vas confirmed by Council. T.L. TODD REAPPOINTED TO PLANNING COBIISSION: K. T. STEPmNS TO PARK BOARD. Mayor Bredesen's appointments of T.L. Todd to the Planning Commission, and K. T. Stephens to the Park Board, for three year terms beginning January 1, 1962, were confirmed by motion Dickson, seconded by VanValkenburg and carried. These men have served as members of their respective boards for a number of years. CLAIMS PAID. dated January 22, 1962, was seconded by Ma&Kllan and carried: General Fund, $6044.55; Construction Fund, $38,353.$9; Park, Park Construction and Swim Pool Funds, $14,303.63; Waterworks Fund, $5,425.93; Sever Rental Fund, $2,25--Total, $128,676.72. Motion by Dickson for payment of the following Claims, as per Pre-List I Dickson's motion for adjournment was seco at 11:40 P.M. by Madfillan and carried. Adjournment Next meeting February 5. Vcllage Clerk