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HomeMy WebLinkAbout19620625_regular6/25/62 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL , HELD MONDAY , JUNE 25 1962, AT 7:OO P,M. , AT THE' EDINA VILLAGE HALL ROLLCALL was answered by members Dickson, MacMillan, Tupa, VanValkenburg and Bredesen. MINUTES of Regular Meeting of June 11, and Adjourned Portion thereof, held June 18, were approved as submitted, by motion Dickson, seconded by VanValkenburg and carried. COUNCIL APPROVES "MULTIPLE RESIDENCE" ZONING FOR TRACT SOUTH OF VALLEY VIEW ROAD BETWEEN BROOKVIEW AVE. AND OAKLAWN AVE. EXTENDED SOUTH. C1 erk presented Affidavits of Publication in Edina-Morningside Courier June 14' and 21, 1965, and of Posting, June 13, of "Notice of Public Hearing on Petition for Rezoning from Open Development District to Multiple Residence District", ordered placed on file, and, pursuant to Notice, Public Hearing was conducted on the petition of Mr. Folke Victorsen for the rezoning of that 'tract of property legally described as "The FJesterly 156 Feet of that tract of land known as Parcel 5800, Section 30, Twp, 28, R4 24, described as IiCom. at NW Cor. of Peacedale Acres; th. W. to a pt. 856-5/10 Ft. E, from 1414 Cor, of ME1/4; th, S, . 334 Ft,; th. E. to V. line of Peacedale Acres; th. X. to beginning." Director Hite presented a site plan, showing location of building on tract, and tract relation to other residences in the area. the Planning Commission recommends Mr. Victorsen's plan for Parcel 5800, which includes construction of an eight-apartment unit on this site and a double bungalow on the easterly part of Parcel 5800 (see next hearing), as a very good solution for a controversial tract. had with neighboring property owners, to explain the proposition to them, plan, and elevation of building, were also presented for Council review. objections were made at the Hearing, and no written objections had been received prior <thereto, dispense with second reading and adopt Ordinance as submitted: Affidavits were approved as to form and Planning He reported to the Council that He also reported that a meeting has been Outside No Dickson offered the following Ordinance, moving that Council ORDINANCE NO. 261-69 AN ORDINAHCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDIXA, ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Section 4, Multiple Residence District, of Ordinance No, 261 of the Revised Ordinances of the Village of Edina, as amended is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows : "(n) The Westerly 156 Feet of that tract of land known as Parcel 5800, Section 30, Township 28, Range 24, described as 'Corn. at NFI Cor. of Peacedale Acres; th. W, to a pt. 856-5/10 Ft. E. from N\? Cor, of NE 1/4; th, S, 334 Ft,; th. E. to W. line of Peacedale Acres; th, N, to beginning'." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. Motion for waiver of second reading and adoption of Ordinance as submitted was APPROVAL GIVEN TO REQUEST FOR SPECIAL PERMIT FOR DOUBLE DWELLING ON TRACT SOUTH OF VALLEY VIEW ROAD BETWEEN BROOKVIEW AVENUE AND OAKLAWN AVENUE EXTENDED SOUTH. Pursuant to mailed notice given, Public Hearing was conducted on the request of Mr. Folke Victorsen for special permit for Double Dwelling on the Easterly l.31 Feet of Parcel 5800, Section 30, Township 28, Range 24--this request being a part of Mr. Victorsen's plan to improve all of Parcel 5800, as hereinbefore recorded. Plan for Double Dwelling, and Site Plan, were presented fop Council review, and Planning Commission's favorable recommendation was reported. No objections were made at Hearing, and none had been received prior thereto. that Special Permit be granted, was seconded by MacMillan and unanimously carried. Dickson's motion, - $44 -f 6/25/62 "aOARDI1SG HONE FOR THE ELDERLY" RECEIVES APPROVAL--AT SITE BETWEEN HERITAGE DRIVE AND CROSSTOVN HIGHYAY, AND EAST OF HERITAGE NURSING HOME. by Publication June 14, and 21, 1962, Posting on June 13, and mailing, Public Pursuant to Notice given Hearing was conducted on the Petition of Heritage Corporation for Special Permit for construction of a "Boarding Home for the Elderly" on Lot 1, Block 1, Town Realty's Edina Terrace Third Addition--between Heritage Drive and the Crosstown Highway, and East of Heritage Nursing Home. Planning Director Hite presented sketch showing proposed building, together with its relation to the surrounding area, also submitting elevations, He reported that this proposed building will not be a "nursing homet1, in that people in this home are in good health--that it is more like a hotel, except that there are no kitchen facilities; that there are 52 boarding home units, half for single occupancy and half for double occupancy, a common dining area, and a common lounge area; that kitchen facilities are in the Nursing Home and food will be prepared *here and brought to the Boarding Home. Mr. Hite reported that the Planning Commission has reviewed this request, feels there is a need, here, for this type of facility and that the proposal presented meets all reasonable requirements, but recommends a protective covenant be placed on the land, assuring that it will be used for only a home for the elderly and will not revert to a hotel-type establishment--the reason for this last recommend- ation being that the Commission feels that the parking facilities provided would not meet the requirements for a hotel. that such a deed restriction would be accepted for record, although it is a most unusual one, and Mr, Hite stated that tAe Corporation is willing to cmply with the request, MacMillan's motion, that Special Permit for "3oarding Home for the Elderly" be approved, subject to recording of deed restriction against reversion of operation to hotel uses, was seconded by Dickson and unanimously carried. I Attorney Spencer told Council he believes DIVISION OF LOT 1, BLOCK 4, C ODE'S HIGHVIEV PARK INTO 11.10 PARCELS, AND LOT DEPTH VARIAi\ICETHEREOF, APPROVED. Pursuant to Wailed Notice given, 'Public Hearing was had on the petition of I?r, Frederick Matthews for: 1. 2. Division of Lot 1, Block 4, Code's Highview Park intd two parcels, the Depth Variance on Westerly parcel, for 85-foot depth rather than the Easterly parcel being 85x120, and the Westerly parcel being 85x187 Ft. 120 feet required by Ordinance, Mr, Hite's presentation to the Planning Commission , and the Commission's resultant recommendation in favor of both lot division and depth variance, providing objections were not received from owners of Lots 2 and 3, Block 4, wePe reviewed by the Council, No objections were received from the floor, and no wfiitten objections had been received prior thereto. Code's Highview Park into two parcels, and Lot Depth Variance on westerly portion of said lot, both be approved, was seconded by Diclcson and unanimously carried, I MacMillan's motion, that division of Lot I, Block 4, COUNCIL APPROVES EIGHT-FOOT SIDE YARDS ON LOT 8, BLOCK 6, BROOKVIEW HEIGHTS FIRST ADDITION, request of Mr, Richard R. Smith for eight-foot side yards on Lot 8, 3lock 6, Brookview Heights First Addition (5113 Meadow Ridge Road). that surrounding homes, constructed before an amendment to the Zoning Ordinance, have side yards of 7.5 feet, to conform to a deed restriction. requires 10-foot side yards. Planning Commission's recommendation was favorable to request. been received prior thereto, Tupa's motion, that eight-foot side yards be approved, was seconded by VanValkenburg and carried. Pursuant to Mailed Notice given, Public Hearing was conducted on the Hr. Hite explained Present Ordinance No objections were made at Hearing, and no written objections had EIGHT-FOOT SIDE YARD APPROVED FOR LOT 14, BLOCK 2, BRUCEklOOD--5027 BRUCE PLACE, Public Hearing was conducted on the request of I4r. William A. Wilcox for permit to construct an addition to his home at 5027 Bruce Place, to within eight feet of his lot line. zoning ordinance side yard requirement was only five feet; that Planning CommisHion has recommended favorably on this request. No objections were filed at the Hearing and none had been received prior thereto. variance be approved, was seconded by Tupa and carried. It was noted that at the time homes in this area were built the VanValkenburg's motion, that side yard PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Publicazion in Edina-Horningside Courier June 14 and 21, 1962, of '%otice o€ Public Hearings on Storm Sewer, Uatermain, Permanent Street Surfacing and Concrete Curb and Gutter", which affidavit was approved as to form and ordered placed on file. Pursuant to Notice, the following Public Hearings were conducted, and action was taken as hereinafter recorded: Clerk presented Affidavit of 1. PUSLIC HEARING ON PROPOSED PERITANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN ROLF AVENUE FRON !.?.63RD ST. TO [.1,64TH ST, this petition had been filed (for Asphalt Concrete Paving with PCC Curb and Gutter). Mr, Hyde reported that -+ last year; that action had been delayed because it was hoped that the work could be done en an area-wide basis for all of Momandale Second Addition, but that no interest has been evinced in the other blocks, and petitioners have asked that Council consider their petition alone, Estimate of Cost was given as $15,Q83.34, 6/25/62 proposed to be assessed against 1,490,89 Assessable Feet, for $10,12 per Assess- able foot. There were no objections from the floor, and no written objections had been received prior thereto. One gentleman asked how soon the work could be done, and was told it is hoped that it can be accomplished later this summer, MacMillan offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. BA-48 BE IT RESOLVED bv the Council of the Village of Edina, Minnesota, that this Council heretofire caused notice of hearing to be duli published-on the following proposed improvement: CONSTRUCTION OF PERMAiIENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN ROLF AVE. FROM W .63RD ST, TO #,64TH ST., and at the heaping 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 as follows: CONSTRUCTION OF ASPHALT CONCRETE PAVING AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IN ROLF AVE. FROM W,63RD ST. TO W.64TH ST. : that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-48, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to he improved. Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays, as follows:Bkson, aye; MacMillan, aye; Tupa, 2. PUBLIC HEARING ON PROPOSED STORM SEWER FOR EDINA COUNTRYSIDE AND COUNTRYSIDE ADDITION AREA, Manager Hyde reported that this Public Hearing is actually a re- hearing on a project proposed several years ago, when stopm sewer was installed on the East side of the railroad tracts; that this portion of project was abandoned at that time because of objections by the property owners; that recent building in this area has intensified the need for storm sewer, now. giving route of proposed improvement, and area proposed to be assessed therefor; and Assessable Cost Estimate was given as $11,146,18, proposed to he assessed against 891,061 Assessable Square Feet, for $0.0125 per Sq. Ft. The owner of Lot LO, Block 8, Countryside Addition, questioned possible duplication of assess- ments, and was assured there would be none. Countryside, asked to be allowed to emphasize to the Council that there is a serious problem in the area and should be correctedr possibility of dredging out Lots 3 and 4, and providing a ponding area there, rather than running pipe. have to be purchased, and dredged, and that the cost of this, together with maintenance cost of pond, would be more than that of the improvement proposed tonight, The owner of Lot 13, Block 8, Countryside Addition, who described himself as a "newcomerr1 to the area, stated he has heard that the contractor on Hansen Road has contributed to this problem by filling. that the Village cannot prohibit the filling of private property. offered the following Resolution and moved its adoption: Vu-Graph Slide was shown, The owner of Lot 9, Block 1, Edina A lady inquired about the She was informed by Mr, Hyde that the property would Ilr. Hyde stated, however, VanValkenburg RESOLUTION ORDERING IMPROVENENT STORM SEWER IMPROVEMENT NO. 74 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 STORM SEWER AND APPURTENANCES IN THE' FOLLOHING : "Beginning at a point on the North line of Lot 10, Block 1, Birchcrest 4th Addition extended Westerly, said point being 16 Ft. East of the center line of MNES, R.R.; thence North parallel to and 16 Feet East of the center line of MNES, R.R. a distance of 92.4 Feet; thence West to a point on the East line of Lot 4, Block 9, Countryside Addition, said point being 20 Feet North of the S.E, corner thereof; thence Westerly 192,6 Feet to a point which is located on the South line of said Lot 4 extended \?esterly and there terminating." . 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 STORM SEWER IMPROVEMENT NO, 74, and the area to be specially assessed therefor shall include all lots and tracts of land within the following described boundaries: 6/25/62 "Commencing at a point which is the center line of Benton Ave. and the center line of the Minneapolis , Northfield and Southern Railroad; thence Hest along the center line of Benton Ave, to the West line of Crescent Drive extended Northerly; thence South along along the West line of Crescent Drive to a point 65 feet North of the Southeast corner of Lot 5, Block 1, Edina Countryside Addition; thence West 65 feet North of and parallel to the North line of Countryside Road to the Vest line of Lot 10, 3lock 1, Edina Countryside Addition; thence South 25 feet along the Vest line of said Lot 10; thence SEly to the Southeast corner of said Lot 10; thence SEly to a point on the South line of Lot 11, Block 6, Countryside Addition, said point being 25 feet East of the S.V. corner thereof; thence SEly to a point on the South line of Lot 5, Block 7, Countryside Addition, said point being 20 feet E. of the S.1.l. corner thereof; thence SEly to a point in Lot 12, Block 8, Countryside Addition, said point being 60 feet E. and 100 feet N. of the S.W. corner of said Lot 12; thence SWly to E;' point on the South line of Lot 10, Block 8, Countryside Addition, said point being 70 feet East of the S.W. corner thereof; thence South to a point on the South line of Lot 7, Block 8, Countryside Addition, said point being 70 feet East of the S.k?, corner thereof; thence E. 30 feet along said South lot line; thence SEly to a point on the South line of Lot 3, Block 4, Valley View Heights, said point being 140 feet East of the S.V. corner thereof; thence SEly to a point on the East line of Lot 4, Block 4, Valley View Heights, said point being 55 feet South of the N.E. corner thereof; thence East to a point on the West line of Lot 2, Block 5, .Valley View Heights, said point being 35 feet South of the N.V corner thereof; thence SEly to a point 60 feet East and 50 feet South of the North- west corner of said Lot 2; thence NEly to a point on the €. line of Lot 5, Block 9, Countryside Addition, said point being 50 feet North of the S.E. corner thereof; thence North along the East line of said Lot 5, to the 14.E. corner thereof; thence E. at right angles to the center line of Minneapolis, Northfield and Southern Railway; thence Wly to the point of beginning." 3, 4 and 2 , PERNANENT TRACY AVE. TO I 5. PUBLIC HEARINGS ON - 1. STORH SENER FOR GROVF, STREET AREA: STREET SURFACING AND CONCRETE CURa AND GUTTER IN GROVE STREET FROM WYCLIFFE ROAD: AND 3, PERMANENT STREET SURFACING AND CONCRETL; CURB AlfD GUTTER IW VYCLIFFE ROAD FROW GROVE STREET NORTH TO DEAD Ei?D AND GROVE STREET FRO11 HYCLIFFE ROAD TO OLIXGER ROAD. the rather complex proceedings preceding these Hearings: First, the receipt of a petition for correction of drainage pockets in the Benton Avenue area; and the resultant Public Hearing on a Storm Sewer, held April 16; this Storm Sewer project having been voted down by Council pursuant to property owner objections; Second, receipt of a petition for Street Surfacing in Hycliffe Road from Grove Street North to Dead End and in Grove Street from Olinger Road to Tracy Avenue--which petition had not been signed by anyone on Grove Street between \?ycliffe Road and Tracy Avenue--and the objections of the owners on this stretch of street to be included in the proposed improvement (entered with Council on April 16); then, the Public Hearing on the proposed Street Improvement for Uycliffe Road and that portion of Grove Street between Vycliffe Road and Olingev Road, at which property owners had asked that Grove Street between liycliffe and Tracy be improved, in order that there might be some lltravelablell access to both the new Methodist Church and their residential area--and the resultant action of the Council to conduct public hearing on a reduced storm sewer project and the Grove Street from Wycliffe Road to Tracy Avenue street improvement. Vu-Graph Slides were shown of each proposed improvement, showing route of improvement, and area proposed to be assessed, and Estimated Costs were given as follows : PROPOSED STORM SEWER in Platted Road between Vycliffe Road and Tracy Ave. from Warden Ave. to Grove Street; Grove Street from Platted road to west line of Lot 1, Block 1, Replat of part. of Broadmore Addition; South on West line of Lot 1, Block 1, Replat of Part of Broadmore Addition to the S.E. corner of Lot 5, Block 1, Broadmore Addition - $14,161.84, proposed to be assessed against 350,162 Sq. Ft., for $.0404 per Sq, Ft. April 16, by elimination of lines from Benton Avenue and Stuart Avenue to pond), 2. PROPOSED PERNANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN GROVE STREET FR0f.I TRACY AVENUE TO WYCLIFFE ROAD. and Concrete Curb and Gutter, Zstimate before Bids, $14,637.15, proposed to be assessed against 1,197.09, for $12.23 per Assessable Foot. Manager Hyde correcteQ this est'imate, informally, reporting that bids taken last Friday were considerably lower than Engineer's Construction Estimate for Asphalt Concrete Paving with PCC , Curb and Gutter, Manager Hyde reviewed for Council and audience 1. (This project is reduced from the project proposed For Asphalt Concrete Paving 6 /25/62 847' 3, FROM GROVE STREET NORTH TO DEAD END AND GROVE STREET FROM WYCLIFFE ROAD TO OLINGER ROAD. reviewed Estimated Costs of $12.14 per Assessable Foot for PCC Paving with Integral PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER FOR MYCLIFFE ROAD I Inasmuch as this Hearing was continuation of May 28 Hearing, 14anager Hyde ) _. Curb, $10.27 for Asphalt Concrete Paving with PCC Curb and Gutter, informing audience that bids for the Portland Cement Paving had been much higher than Estimate; the Asphalt Paving, lower than Estimate; that, if project is approved, recommendation will be for Asphalt Paving with Portland Cement Curb and Gutter. Public Works Director Gans reported that if Grove Street between Tracy and Wycliffe Road is to be surfaced, it is absolutely necessary that a llminimal scope" storm sewer be constructed--the improvement being proposed this evening being such lTminimall' project. for the paving of Groue Stzaeet had realized that they would be without aacess to Tracy Avenue unless Grove Street between Wycliffe Road and Tracy Avenue is surf aced. Street), presented a petition objecting to both the proposed Storm Sewer Improvement and the proposed Surfacing and Curb and Gutter for Grove Street between Hycliffe Road and Tracy Avenue, on the grounds that - He added that those persons' who had started the petition Mr. G, V. Knippenberg, 5801 Stuart Ave., (whose side lot line abuts Grove 1,) Projects have not been petitioned. 2.) Future development of area will destroy intended effect of permanent 3.) Projects as contemplated, propose drainage of a natural pond, destroying improvements of this nature. one of the most desirable characteristics of the area and completely defeating the purpose desired in originally platting this area. 4.) Economic burden placed upon property owners would be unfair and unjust. Mr. Knippenberg augmented petition's reasons for objection by telling Council that platting of area took the pond into consideration; that if pond is drained dry, leaving him with dirt and debris, and additional assessments are levied for both storm sewer and street improvement, his house will not be saleable. Captain Gans, at a Council inquiry, reported that from an Engineering standpoint it is desirable to completely drain the pond; that because of the limited area draining into the pond, and the impossibility of predicting rainfall and snowfall, the Village cannot guarantee that the pond will not he dry at times; that it would be possible to construct a wier and structure, with an outlet at a certain fixed elevation, to guarantee a T1maximumlt fixed elevation in all except a cloudburst. Asked if there has been any basement water trouble in the area, Nr. Knippenberg replied that his house would be the first to be affected, and that he has had no trouble. that property owners just have too many special assessments to absorb within the next two or three years--that they understand improvements must come sooner or later, but that they feel an additional two assessments, now, besides those they are already carrying, are more than they can economically bear. Mr. Knippenberg added that the area is sparsely populated; that if street is surfaced, now, there will be damages by heavy equipment. In connection with Mr. Knippenbergts state- ments as to assessments, a discussion was had on matter of corner-lot relief on the street improvement, and it was noted that Mr. Knippenbergls Lot 5, Block 1, Broadmore Addition is proposed to be assessed for only 1/2 of its total footage abutting Grove Street. Mr, Charles Tunstead, 5629 Mycliffe Road, owner of Lot 4, Block 1, Edina Highlands Lakeside Addn,, told Council he feels this is a matter of area-wide improvement; that impDovement of Wycliffe Rd., and Grove Street west of Wycliffe Road, will be of nobenefit unless Grove Otreet between Tracy and Wycliffe is improved. Mr. Walter Peterson, representing Good Samaritan Methodist Church and Tracy Avenue on the North) told Council the Church is 100% in favor of surfac- ing the street, now. One man, who did not give his name, asked that Grove Street between klycliffe and Tracy be graded and oiled now, so that property owners would have a couple of years to pay off present assessments before additional assessments are levied. added, so that street will drain into the pond. Church dislikes being in a position of imposing a hardship on owners of adjoining property but feels that street should be surfaced to provide access from Tracy Avenue, inquired as to whether curb and gutter could be eliminated from the street improvement. Manager Hyde told him the Village does not recommend $his; and, in answer to a previous question about crowning the street, Mr. Hyde told Council that if Grove Street is surfaced, now, without storm seHer, criticism is sure to come when it is necessary to dig up the surfaced street for construction of storm utility. Mr. Fridlund advocated reducing the proposed storm sewer still further, by extending pipe to a point just north of the Grove Street right-of-way, and carrying water by open ditch from there on. Sewer Improvement and, at the suggestion of Mr. Dickson, amended his motion to approve proposed Storm Sewer Improvement with the addition of a control structure or wier to permit pond to be maintained %e-Be-Hi to normal elevation within limits to which water runs into it. Amended motion was seconded by Dickson and carried. MacMillan then offered the following Resolution and moved its adoption: Mr. Victor Fridlund, owner of several lots in the area, told Council (which owns half the block abutting Grove Street between Hycliffe Road Another asked if Grove Street can be crowned, and additional gravel Mr. Peterson, who said that the I MacWillan moved for approval of proposed Storm 6 /2 5 /62 as OLUTI ON ORDERING I NPROVEMEW STORN SEWER IHPROVEF!ENT NO b 75 1 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 follow- ing proposed improvement: CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLONING: On platted road between Wycliffe Road and Tracy Ave.j from Warden Ave. to Grove St, ; Grove St. from platted road to \I. line of Lot 1, Block 1, Replat of part of Broadmore Addn.; S, on H. line of Lot 1, Block 1, Replat of part of Broadmore Addn., to the S.E. corner of Lot 5, Block 1, Broadmore Addn. and at the hearing held at the time and place specified in said notice the Councilhas 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 as follows: that CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: On platted road between klycliffe Road and Tracy Ave,, from Warden Ave. to Grove St. ; Grove St. from platted road to W, line of Lot 1, Block 1, Replat of part of Broadmore Addn.; S. on \I, line of Lot 1, Block 1, Replat of part of Broadmore Addn., to the S.E. corner of Lot 5, Block 1, Broadmore Addition, and Construction of Control Structure or Vier at pond, to permit pond to be maintained at normal elevation; said improvement is hereby designated and shall be referred to in all . subsequent proceedings as STOGI SEWER IMPROVEMENT NO. 75, and the area to be specially assessed therefor shall include a11 lots and tracts of land within the following described boundaries: "Commencing at the Southeast corner of Lot 2, Block 2, Lyle 2nd Addition; thence West to the Southwest corner of Lot 3, Block 2, Lyle 2nd Addition; thence Northwest to the Northwest corner of said Lot 3; thence Northwesterly to a point on the center line of Stuart Avenue, said point being 13 feet North of the North line extended of Lot 5, Block 2, Broadmore Addition; thence Horthwest to a point which is 25 €eet North and 15 feet East of the Southwest corner of Lot 2, Block 1, Broadmore Addition Eliason Replat; thence Northeasterly to a point 50 feet East of the Southwest corner of Lot 11, Warden Acres; thence Nest to the southwest comer of said Lot 11; thence North on the %lest lot line of said Lot 11, a distance of 20 feet; thence East parallel to and 120 feet North of the South line of said Lot 11 to the East Line thereof; thence Southeasterly to a point on the South line of Lot 10, Varden Acres said point being 70 feet East of the Southwest corner thereof; thence East along the North line of Grove St. to a point 40 feet East of the Southwest corner of Lot 3, Block 2, Fridlund's Addition; thence Northeast to a point on the East line of said Lot 3, said point being 40 feet North ofthe Southeast corner thereof; thence Northeasterly to a point in Lot 2, Block 2, Fridlund's Addition, said point being 40 feet Vest and 70 feet North of the Southeast corner thereof; thence South to a point on the South line of Lot 4, Block 1, Replat of part of Broadmore Addition said point being 40 feet Nest of the Southeast corner thereof; thence South- easterly to the center line of Benton Ave. and the Nest line of Tracy Ave.; thence South to the point of beginning," Motion for adoption of Resolution was secon Dickson, and an Rollcall there Before Council action on the proposed Street Improvement projects, a question was asked by a Hycliffe Road property ownersconcerning Manager Hyde's statement that Engineers are recommending Asphalt Concrete Paving, rather than PCC Paving for this area; inasmuch as the Asphalt Concrete is known to need more maintenance than the PCC. recommendation is for PCC, but that it is felt that the great difference in the bids taken last Friday does not justify PCC, Surfacing Projects and Storm Sewer, with Asphalt Concrete was $48,840.55 ; with blr. Hyde replied that when alternate bids are close, Village Low Bid for both proposed Street PCC, $70,864.39, Dickson then offered the following Resolution and moved its adoption: 6/25/62 RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT BO. BA-49 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 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN GROVE STREET FROM TRACY AVENUE TO WYCLIFFE ROAD and at the hearing held at the time and place specified in said notice the Council has duly considered the views of a11 persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement as follows: CONSTRUCTION OF ASPHALT CONCRETE PAVING AND PORTLAND CEMENT CONCRETE CURB AND GUTTER IN GROVE STREET FROM TRACY AVENUE TO WYCLIFFE ROAD; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO, BA-49, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the street proposed to be improved. Motion for adoption of Resolution was seconded by VanValkenburg, and on Rollcall And VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT STREET IMPROVEMENT NO. BA-50 BE IT %SOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to he duly published on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND CURB AND GUTTER IN WYCLIFFE ROAD FROM GROVE ST. NORTH TO DEAD END AND GROVE ST. FROM WYCLIFFE ROAD TO OLINGER ROAD and at the hearing held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the improvement as follows : CONSTRUCTION OF ASPHALT CONCRETE PAVING AND PORTLAHD CEMENT CONCRETE CURB AND GUTTER IN WYCLIFFE ROAD FROM GROVE ST. NORTH TO DEAD END AND GROVE ST, FROM WYCLIFFE ROAD TO OLINGER ROAD; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO, ‘EA-50, and the area to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved, Motion for adoption of Resolution was seconded by MacMillan, and on Rollcall there were five ayes and no nays, as foll ckson , aye ; MacMillan , aye ; 6 G 7. PROPOSED WATERMAIN AND STREET SURFACING REPLACEMENT PROJECTS FOR WEST FULLER STREET, BEARD AVENUE, AND WEST 55TH STREET AREA ABANDONED. reported that these Hearings were initiated pursuant to requests of the Manager Hyde property owners at a Watermain Hearing held May 28, where it was proposed by the Village to combine the Watermain and Street Replacement costs under one assessment, at $1,018.62 per watermain connection; the two improvements, are estimated to be as follows: Avenue to Beard Ave.; Beard Ave, from West Fuller St. to N.55th St.; W,55th St, from Beard Ave. to France Ave. - $28,198,39, proposed to be assessed against 64 Assessable Lots, for $440.60 per Lot, that costs, separating 1. For PROPOSED WATERMAIN IMPROVEMENT in West Fuller St. from France 2. For PROPOSED ASPHALT CONCRETE PAVING REPLACEMENT in the same streets: $26,360.80, proposed to be assessed against $6.30 per Assessable Foot. A petition was immediately presented by Mr, Mr, Barker stated carried signatures of 75% objecting to both projects on grounds that cold water and cannot see where we would be water main and paving”. 4,178,6 Assessable Feet, for R.A. Barker, 3504 W.55th St., which of the property owners in the area, “we now have an abundance of good materially benefited by the proposed 6/25/62 >Counter petitions , requesting both improvements but asking on a front-footage basis only, signed by fourteen property that they be assessed owners, was presented by Mr. \I. 17* Feidt, 3609 W, 55th Street, Mr. Flannery, 3508 11. 55th Street, told Council that no one in the area needs water; that everyone has water in abundance except one or two people, the original petition for this improvement. have been unable to find any family in water trouble; that, insofar as they can determine, there are only ten people 5n the whole four-block area in favor of the improvement, the improvement on a front-footage assessment basis"; that the cost would be for a permanent improvement at about $12.00 per foot, and residents wouldn't have to go through this same ordeal at some future time; that it is impossible to satisfy everyone in the area at any time, some people have signed petitions both for and against the watermain improvement, a lady, who stated she has resided at her present address for 22 years, stated she had had signed the rtprolr petition simply in order not to be the "old hag" of the neighborhood, and believing cost would when she learned the actual estimated cost, she no longer favored the improve- ment and has signed against it, both petitions but only because the cost is so much more than they had anticipated. Dickson Is motion , that proposed Hatermain and Asphalt Pavement Replacement projects be abandoned, was seconded by Tupa and carried. Xanager Hyde informed him that 21 people had signed Nr. Flannery added that the objectors I-Sr. Feidt told Council that the petition he presented is for At a remark from Mayor Bredesen, that be approximately $500 per lot; that Two others stated that their names, too, are on PROPOSED STORN SEkIER IMPROVEMENT TABLED : MATTER OF RESPONSIBILITY FOR DRAINAGE DIFFICULTIES REFERRED TO VILLAGE ATTORNEY (FROM Skl CORNER OF LOT 1, BLOCK 1, OF I4ELODY KNOLLS ADDITION, A DISTAMCE OF 240 FEET AND THERE TERt;IIi4ATING8 was continuation of May 28th Public Hearing on the above proposed Storm Sewer HERMAN TERRACE ADDITIOQ THQH LINE OF LOTS 2 AND 1, BLOCK 1, This Hearing Improvement, when property owners requested engineering study on bringing the low spot up to a level where it could drain to the lake, Nanager Hyde reported that, after a re-study the Engineering Department still feels tha? the originally proposed improvement is the most feasible; that it will take a very great deal of fill to meet with residents! request; that if residents do not feel that the Village-proposed improvement is desirable the Village has no desire to insist upon it. t-lr. Joe VanKirk, 5604 Code Avenue, reported that after the meeting of May 28th, affected property owners had gotten together with legal counsel in an effort to determine the area of responsibility for the drainage problems they are now having; that, had they been able to determine that they were in any way responsible the Council would find them ready, willing and able to drain this hole themselves. that if surface drainage is interefered by any person or corporation, the responsibility for providing drainage then falls on that person or corporation, Mr. VanKirk stated it is the opinion of the property owners that the Village was solely responsible for blocking natural drainage by raising Code Avenue, E.P. Donatelle, 5213 W.56th Street, corroborated Wr, VanKirk's statements, reiterating his own remarks of May 28 to the effect that the Village had raised Code Avenue by some twelve feet. Hr. VanKirk asked that the Village Attorney be requested to investigate the matter to determine legal responsibLty. Attorney Spencer reported that he will be glad to do so, but that this is largely a question of fact, which will require some research. Dickson moved that the proposed Storm Sewer Improvement be tabled, and that Village Attorney be directed to investigate the matter of responsibility for drainage problem. carried. assessed for some 11,200 square feet, whereas the area should be 1,180 square feet. A *lady on Lot 3 told Council she can put in a drain to drain her own lot , and presumes she will not then be assessed. Mr. Herman stated he actually has an estimate on filling the whole area, which runs about half the cost of the storm sewer. Stating that he had been informed that, by State Statute, Dr4 I4otion seconded by Tupa and Nr, Brace Bennitt reminded Council that his lot is proposed to be REQUEST FOR CHANGE OF STREET IMPROVEMENT TO PORTLAND CEMENT CONCRETE PAVING DEIKCED. The request of 14r. Donald R. Johnson, 6220 Ewing Avenue, that the approved Street Improvement No, BA-43, in Ewing Avenue from 120 Ft. South of Chowen Curve to 649 Ft. South of W.62nd St., be changed from Asphalt Concrete Paving to PCC Paving, was reported. Hanager Hyde recommended that request be denied, inasmuch as contract for Asphalt Concrete has already been awarded and change, now, would mean, at best, considerable negotiation with contractor, and possible suit for damages. REQUEST FOR PEDESTRIAN LIGHT AT CORNER OF TRACY AND GROVE REFERRED TO POLICE DEPT. Mr. Jaseph N. Haw, 5808 Stuart Avenue, supported his request for either a stop and go sign, or the type of light children can control to allow them to cross the street, at corner of Grove Street and Tracy Avenue. be referred to the Police Department for traffic count and recommendation, Reminding Council that Tracy Avenue has just been paved, and that traffic there is steadily increasing, and that traffic on Grove Street will be heavier as soon as it is surfaced, Mr, Haw asked for Council action as soon as possible. Manager Hyde suggested that request Mr* Hyde told him .* 151 6/25/62 plans fop a new school in the area, the corner of Benton and Tracy may be a better location for traffic light. toid Council that a light for Tracy Avenue in this area is needed badly, Request referred to police Department for investigation and recommendation- COUNCIL ANARDS CONTRACT FOR THREE PROJECTS: REJECTS BIDS FOR ONE. Tabulation of Bids taken June 22, in response to Advertisement for Bids-published in Edina- Morningside Courier and Construction Bulletin July 14 and 21, 1962, was presented, showing receipt of the f ollowifig bids : FOR STORM SEWER NO. 7% (Grove Street Area), AND FOR STREET IMPROVEMENTS BA-49 (Grove Street from Wycliffe Rd. to Tracy Ave,) AND STREET IMPROVEMEiiT NO. BA-50 (lilycliffe Rd. from Grove St, No to Dead End and Grove St. from Wycliffe Rd, to Olinger Rd.) - with Asphalt Concrete Paving and Concrete Curb and Gutter for the two street improvements - Blacktop Service Co. low bidder, at $48,839.55, and Riegger Roadways , Inc. Estimate of $58,965.75 for the three projects. E-16, with Portland Cement Concrete Paving and Integral Curb for the three street improvements - McCree & Company low bidder at $79,066.83, and Barton Contracting Company at $80,464.65 $ compared with Engineer's Estimate of $73,187.70 for the four projects. $8,119-25 by Barton; making net bids for Storm Sewer No, 78,and Street Improvements Ba-49 and BA-50, $70,864,39 and $72,345.40, respectively. Street Improvements Nos. BA-49 and BA-50, Manager Hyde recommended thaf'the Council award contracts for these three projects to Blacktop Service Co. at $48,839.55 Curb and Gutter for the two street improvements, because of the great difference in cost between Asphalt Concrete and Portland Cement Concrete. MacMillan moved that contract be awarded to Blacktop Service as recommended. Motion seconded by Dickson and carried. FOR STREET IMPROVEMENT NO. E-16 Portland Cement Concrete Paving with Integral Curb for Goya Lane from Highway No. 163 to Cul-de-sac. Manager Hyde reported that a Public Hearing must be had for this project, bacause petition was not signed by one property owner; that bids received June 22 were high, being $8,196.50 by McCree , $8,119.25 by Barton, compared with Engineer's Estimate of $6,379.40. on July 9; that two bids received be rejected, and that Council re-advertise for work at some date after Public Hearing. by VanValkenburg and carried. FINANCIAL REPORTS OF MINNEAPOLIS GAS COMPANY FILED. of franchise, Minneapolis Gas Company submitted the following: Report to Security Holders. December 31, 1961, for the entire Company, for the Suburban Division and for operations in the Village of Edina. 3, for the entire nompany, for the Suburban Division and for operations in the Village of Edina. Mr, Haw agreed that this might be SO, but i 1, - high bidder at $53,016.50, as compared with Engineer's 2, FOR STORM SEWER NO. 75; AND FOR STREET INPROVEMENTS BA-49, BA-50 AND Street Improvement No. E-16 was bid at $8,296.50 by McCree; As he had reported during the Hearing tonight on Storm Sewer No, 7Ei'and m b *a 6rB m on basis of construction of Asphalt Concrete Paving and Concrete 3. He recommended that Council conduct Public Hearing on this Improvement Dickson so moved. Motion seconded In accordance with provisions 1. 1961 Annual 2, Statement of Gross Income for year ending I Balance Sheet as of December 31, 1961, Clerk directed to place reports on file for review by Council. HIGHWAY #lOO-CROSSTOWN INTERSECTION ELECTRIC LIGHT SYSTEM APPROVED. Plans and Special Provisions for Electric Lighting System at intersection of TH 100 E CSAH 62 (entitled Construction Plan for Electvlic Lighting System Trunk Highway No. 100-130 in Edina at Inter, T.H. 100 & CSAH 62--Minnesota Project U 031-1 (61, State Project No. 2733-34) were presented for Council review, Both Public Works Director Gans and Manager Hyde recommended approval, and VanValkenburg offered the following Resolution and moved its adoption: Construction RESOLUTION WHEREAS, the Commissioner of Highways has prepared plans, special provisions and specifications for the improvement of a part of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the corporate limits of the Village of Edina at the Intersection of T,H. 100 and C,S,A.H. 62; and Saint Paul, Minnesota, being marked, labeled, and identified as S.P, 2733-34 (T.H. 1Q6-130; and WHEREAS said special provisions are on file in the office of t.he Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P. 2733-34 (T.H. 100-130), Minn. Proj. U 031-1 (61, which together with the Minnesota Department of Highways Specifications for Highway Construction, dated May 1, 1959, on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100; and WHEREAS said plans are on file in the office of the Department of Highways, WHEREAS copies of said plans and special provisions as so marked, labeled and identified are also on file in the office of the Village Clerk; and WHEREAS the term "said plans and special provisions" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described, l.52 N01;1, THEN, BE IT RESOLVED that improvement of Trunk Highway Number within the limits of the Village of *. 6/25/62 said plans and special provisions for the 130 renumbered as Trunk Highway Number 100 Edina be and hereby are approved, BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and a11 changes in grade occasioned by the construction of said Trunk Highway ;?umber 130 renumbered as Trunk Highway Number LOO in accord- ance with said plans and special provisions. 14otion for adoption of the Resolution was secon there were five ayes and no nays, as follows: aye; VanValkenburg, aye; and Bredesen I TFIPROVEMENT PETITIONS ACCEPTED AND REFERRED TO ENGINEERS FOR FROGRAE.II.I11?G. The following Improvement Petitions were submitted by the Clerk; and, by notion VanValkenburg, seconded by Dickson and carried, Council accepted and referred to the Village Engineer for programming all petitions except No. 1, which is 'cancelled because of Street Improvement approved at this meeting, 1. Oil - Uycliffe Road from Grove St. to North end of klycliffe Rd, 2. Oil - Code Ave., Benton Ave, to Grove St. 3. Oil - Dale Ave., W.56th St, to W.57th St. 4. Oil - I.1.58th St. from Tingdale Ave. to Code Ave. 5. Oil - Harrison Ave. from North Village Boundary to Belmore Lane. 6, Oil - Belmore Lane from Griffit St. to Harrison Ave. 7. Oil - Idylwood Place from Saxony Rd. (approx, 114.7 Ft. No., abutting 8.. Portland Cement Concrete Paving with Integral Curb - Ryan Ave. froxi 9. \.latermain - Harrison Avenue, 400 Block 10. Permanent Street Surfacing - I.1.62nd St. between St.Johns Ave. and sideyards at 6100 E 6020 Saxony Road. Valley View Road to I.J.62nd Street Concord Ave. RURAL HEWEPIN NURSING SERVICE REPORT FOR HAY, 1962 was submitted, reviewed and ordered placed on file. :-licensing ice cream vendors came before the Council at the request of the Clerk, who stated she has received many resident complaints I ICE CREAN VENDORS TO BE REQUIRED TO FUBKCSH CERTIFICATE OF LIABILITY IMSURANCE on these operations, and now has an additional application. Two vendors are now licensed; residents.are complaining that there is danger of small children being run over by the trucks; that vendors ring bells and play records to attract the children, and that nap time and meal time are favorites for the vendors to appear. or bond before license can be issued. to draft ordinance making license subject to proof of Liability Insurance in amount $100,000/$300,000 Personal Liability and $50,000 Property Damage. seconded by Tupa and carried. She requested that some regulation be required as to liability insurance Dickson moved that attorney be directed Motion LICENSE GRANTED TO tlPLS.-ST.PAUL STREET TREETS, SUBJECT TO PROOF OF INSURANCE. A representative of the above company was in the audience, this being the new applicant Clerk had referred to, This company operates scooter-type vehicles, which the rgpresentative stated are much less dangerous than the truck type vehicles. He told Council that the bell on these vehicles cannot be heard indoors; that vehicles are clean and sanitary, and that drivers are trained to be careful. He asked that license be granted, protested being required to furnish insurance proof unless other two licensees are requested to do so. Council told him that such request would be made, and Dickson moved that license be issued to StsP t.ipls,-St,Paul Street Treets, subject to.submission of proof of insunance, bIot-ion seconded by Tupa and carried. GAYOUT FOR CROSSTOMN HIGHHAY AND TRUNK HIGHWAY 169-212 BETWEEN HIGHWAY 100 AND COUNTY ROAD NO. 18 APPROVED:', C.S.A.H. No. 62 from C,S.A,H. No, 18 to T,H, No. loo", which had been presented to the Council on June 11th for review, was again discussed. that Layout be approved.was seconded by Tupa and carried* Tfi;aygut No. 4B, dated 5-16-62 - T.H. No, 169 and ' MacMillan's motion PETITION FOR SANITARY SEWER IN TII?GDALE AVENUE SOUTH OF. V,65TH STREET' LAID, OVER UNTIL JULY 9, petition, and 'it was laid over until July 9. Public Works Director's report was not yet completed on this 6/25/62 PUBLIC HEARINGS SCHEDULED FOR MEETING OF JULY 9: CROSS-ST%ET? TO. BE SUGGESTED ON "AREA" BASIS, Councne projects proposed to be heard at the next regular meeting, Council's attention to a proposed street improvement in W. 59th Street from Concord' Ave. to Oaklawn Ave,, W.6Oth St, from Concord Ave, to Wooddale Ave,, and Concord Ave, from Valley View Rd. to W.6Oth St,, Mr. Hyde told Council this area has never received permanent surfacing and is now a maintenance problem; that W.99th and W.6Oth Streets are abutted almost entirely by the sides (long sides) of lots facing avenues), He suggest that the Council propose making the street improve- ment on the basis'of assessing part of the cost to the areas within one-half block of these respective streets, recommendation, relative to precedent recently set of making this type of assessment on an "area-wide" improvement. some considerable merit, and Tupa offered %he following Rosolution and moved its STREET IMPROVEMENT, FOR 1' Manager Hyde reviewed for hhe Calling . Some discussion was had concerning this . Council was of opinion that it has I adoption : * c-3 M RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PROPOSED STORM SEWERS PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS BE IT RESOLVED by the Council of the Vilkage of Edina: report as to the feasibility of the proposed STORM SEWER, PERMANENT STREET SUKERC- ING AND COIICRETE CURB AND GUTTER IMPROVEMENTS described in the Form of Notice of ' Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk, Edina Village Hall, to consider? in public hearings the views of all persons interested in said proposed improvements. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three.days from date of said meeting, which notice shall be in sub- stantially the following form: 1. The Village Engineer, having submitted to the Council a preliminary 2, This Council shall meet on Monday, July 9, 1962, at 7:OO P,MI, in the 3, The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEARINGS ON STORM SEWER, PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER EDINA VILLAGE COUNCIL will meet at the Edina Village HaPl'on Monday, July 9, 1962, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Laws of 1953, Chapter 398, The approximate cost of said improvements is estimated by the Village as set forth below : ESTIMATED COST 1. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: A. Schaefer Road from a pond on the west side of Schaefer Road at a point 15' north of the S,W; corner of Lot 25, Aud. Sub, #325 to a pond on the east side of Schaefer Road at a point 233.5' north of the S,!4, corner of said Lot 25, $ 8,363.76 2, CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURS AND GUTTER IN THE FOLLOWING: A, FJ.59th St, from Concord Ave, to Oaklawn Ave.; W.6Oth St. from Concord Ave, to Wooddale Ave.; Concord Ave. from Valley View Rd. to 1?,60th St, $85,356 , 26 B. Goya Lane from Hwy.#169-212 to cul-de-sac $ 9,250.57 The area proposed to be assessed for tha cost of the proposed storm setter improve- ment under 1-A above includes a11 lots and tracts of land within the following described boundaries: "Commencing at a point on the center line of Schaefer Road, said point being 450' south of the center line of Interlachen Road; thence east on an angle measured from north to east from said center line of Schaefer Road of0% 20' s distance of 233'; thence southeasterly at a deflection angle to the right of 4Oo3O1 a distance of 75'; thence southwesterly at a deflection angle to the right of 69 00' a distance of 125t; thence southerly at a deflection angle to the left of 20'30' a distance of 100'; thence southeasterly at a deflection angle to the left of 14O30' a distance of 70' ; thence southwesterly at a deflection angle to the right of 19030t a distance of 120 ; thence southeasterly at a deflection angle to the left of 27O15' a distance of 58'; thence southwesterly at a deflection angle to the right of 3Q015' a distance of 190'; thence south- westerly at a deflection angle to the right of 48020t to the center line of Schaefer Road; thence north along the cen&!er line of Schaefer Road a distance 6/25/62 of 405' ; thence west at right angles to the center line of said Schaefer Road a distance of 95'; thence northwesterly at a deflection angle to the right of 61?30' a distance of: 3.50'; thence northeasterly at a deflection angle to the right of 57O45' a distance of 170'; thence north at a deflection angle to the left of 30°55' a distance of 150'; thence southeasterly at a deflection angle to the right of 109O30' to the point of beginning." The area proposed to be assessed €or the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter Improvement under 2-A above includes all. lots and tracts of land within the following described boundaries: CCommencing at the northeast corner of Lot 7, Block 3, Fairfax Addition; thence west to the northwest corner of Lot 18, Block 8, Fairfax Addition; thence south along the east line of Concord Ave, to the south right-of-way of W.60th St.; thence west to the northwest corner of Lot 3, BXock 2, Virginia Ave. Addition; thence south to the southwest corner of said Lot 3, thence west to the northwest corner of Lot 4, Block 2, Virginia Ave, Addition; thence south to the southwest corner of Lot 7, Block 2, Virginia Ave. Addition; thence east to the northwest corner of Lot 8, Block 2, Virginia Ave. Addition; thence south to the southwest corner of said Lot 8; thence easterly to the southeast corner of Lot lO,.block 2, Valley View Terrace 2nd Addition; thence north to the northeast corner of said Lot 10; thence east to the southeast corner of Lot 11, Block 2, Valley View Terrace 2nd Addition; thence north to the northwest corner of Lot 4, Block 2, Valley View Terrace 2nd Addition; thence east to the northeast corner of Lot 4, Block 2, Valley View Terrace .A 2nd Addition; thence east to the northwest corner of Lot 4, Block 1, Valley View Terrace 2nd Addn,; thence east to the northeast corner of said Lot 4; thence south to the northwest corner'of Lot 4, Block 2, Valley View Terrace 3rd Addition; thence east to the northeast' corner of Lot 4, Block 1, Valley . View Terrace 3rd Addn,; thence south to the northwest corner of Lot 4, Block 2, Valley View Terrace Addn,; thence east to the northeast corner of said Lot 4; thence east to the northwest corner of Lot 10, Block 1, Valley View Terrace Addn,; thence east to the northeast corner of Lot 4, Block 1, Valley View Terrace Addn,; thence north to the northeast corner of Lot 7, Block 12, Fairfax Addn,; thsnce east to the northeast corner of Lot 7, Block 14, Fairfax Addn.; thence north to the point of beginning!," The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and concrete Curb and Gutter Improvement under 2-B above includes all lots and tracts of land abutting the street proposed to be improved. i * 3 . GRETCHEN S, ALDEN Village Clerk Motion for adoption of Resolution vas S~CO there were five ayes and no nays, as foll by VanValkenburg, and on Rollcall aye; VanValkenburg, aye; and Bre COUNCIL TO COHDUCT PUBLIC HEARING ON JULY 23, ON VACATION OF THAT PART OF YOR% Public Workxector Gans'xtailed report to Manager Hyde, relative to the petition filed with the Council May 28, concerning a "distressed area" at 54th and York. Avenue lying North of the north ling ?$tI& 6, alock 2, Seely's First Addition to Hawthorne Park, with reversion/?o owners of abutting properties--and agreement with such owners that if and when the vacated street is filled by these owners they will construct and pay for a culvert leading from the low area to Minnehaha Creek. of parts of the lots on the east side of York Avenue, Some discussion was had on report, and WacMillan moved that Public Hearing on proposed Street Vacation be scheduled for Monday, July 23, at 7:OO P.N. and carried. AVENUE LYING NORTH OF LOT 6, BLOCK 2, SEELY'S FIRST ADDN, TO HKJTHORNE PARK, Captain Gans' report recommended*Vacation of that portion of the Report added that to fill this area without a culvert would mean flooding Motion seconded by VanValkenburg COUlqCIL AUTHORIZES TRANSFER- OF $25,000 FROM LIQUOR DISPXNSARY FUND TO PAW. FUND,, FOR HAYS PARPLANS. oiher fillage pagks,- as presented informally to the Council on June 18, was reviewed by Nanager Hyde, who explained that because of desire and need of the residents for development of the parks, now, the Board is requesting an amount of $140,000 to be spent within the next four years along with the present amount of $80,000 per year that is now appropriated for this purpose.. Manager Hyde told Council he believes the only action required now is authorization for transfer of an amount of $25,000 from the Liquor Dispensary Fund to the Park Fund for payment of plans and estimates for the Hays Farm development; that transfer be made with the understanding that this transfer be charged against the Bays Farm development which will be financed from other means. Dicksonts motion, that authorization be made in accordance with Managerts recommendation, was seconded by Tupa and carried. The Park Board's plans for developnent of Hays Farm and PU3LIC HEARINGS ON PROPOSED STORM SEWERS--DATE NOT YET DECIDED. Hanager Hyde 6/25/62 Asked Council to wait until next regular Hearings on several proposed Storm Sewer meeting to schedule date for Public Assessments, and it was so ordered. COUNCIL DISCUSSES- POSSIBLE AMENDMENT TO ORDINANCE NO. 263, TO ALLOW INDUSTRIAL TITLE, Mre Anderson of Rauenhorst Construction Company appeared, to ask that the Council reconsider its policy of requiring prepayment of special assessments at such time as title to property is transferred. He asked for this re- consideration relative only $0 industrial properties , and then, only if security filed as guarantee of payment would remain in effect ragardless of land title transfer. will run about four times what they will for a residential development, Mr. Anderson asked for a "more equitable" method of paying off these specials. Mayor Brcdesttn reported he sees no reason why there should be any difference in the requirements for non-residential developments than for developers of residential tracts, Some considerable discussion was had by the Council on this matter; and, saying ha feels there are some definite and pertinent differences in the methods by which tifle to residential and non-residential properties changes, moved that At$ornay check to see if there is anything which is favorable to everybody in this type of business, Tupa and carried, 1 DEVELOPMENTS RELIEF* FROM PRE-PAYMENT OF SPECIAL ASSESSMENTS UPON CHANGE OF _.Y Saying that special assessments in the Rauenhorst tract ' tlotion seconded by - 1 / / / / / / / / / / / / / / / / CLAIMS PAID. dated June 25, 1962: Motion by Tupa, for payment of the following Claims as per Pre-List General Fund, $12,380.44; Construction Fund, $177,930,08; Park, Park Const, and Swim Pool Funds, $4,735.77; Water Fund, $2,713.11; Liquor Fund, $46,277.95; Sewer Rental Fund, $370.42; and Improvement Funds, $8,453,58--Tota1'$252,861.17, and for payment of $186.95 from General Fund and $51,00 from Liquor Fund for expenses at League of Minn. Municipalities Convention, was seconded by Dickson and carried. The agenda's having been covered, Dickson moved for adjournment seconded by Tupa and carried. Motion Adjournment at 9:45 P,M. STOW COMPANY TO RECEIVE 75% OF FUNDS HELD IN ESCROW FOR STREET IMPROVEMENT IN LAKE EDINA 2ND ADDITION, Public works Director Cans for payment of 75% of the total funds being held in escrow by the Village as cost of Concrete Curb and Gutter and Asphalt Paving in Lake Edina 2nd Addition, request , and $t, wasLsa-okdered;.r Hanager Hyde reported Mr, Z.C. Stow's request to Manager Hyde recommended compliance with the