Loading...
HomeMy WebLinkAbout19620910_regular228 8/27/62 CLAEIS PAID. August 27, 1962 , as €ollo.c.ls , was seconded by Tupa and carried: and Swim Pool Fund, $1,988.48; 'dater Fund, $2,912.40; Liquor Fund, $22,528.01; Sewer Rental Fund, $590.72- Total, $239,606.43. Dickson's motion for payment oE Claims, as per Pre-Lf'st dated General Fund, $16,290.13; Construction Fund, $195,296.69; Park, Park Construction BUDGET TRANSIIITTED TO C0U:ICIL. Council by IJana=yde without' comment, meeting in September in accordance with law. Budget for the Year 1963 was transmitted to the Formal presentation to be at first NacXillan's motion for adjournment was seconded by VanValkenburg and carried, Xeeting ad j ourned at 10 : 50 P . !I. I WINUTES. OF THE REGULAR IEETIMG 3F TifE EDIMA VILLAGE CC)UiJCIL , HELD I*lOIIDAY, SEPTEXSER 10, 1962, AT 7:OO P.I4., AT THE EDIHA VILLAGE HALL ZfEI-BERS answaring Rollcall vere Dickson , :iac!lillan , Tupa , VanValkenburg and 3redesen. 3UDGET OFFICIALLY PRESEJTED. 3udget €or the Year 1963 was presented to the Council by Manager Hyde, no inquiries from the audience concerning it. accepred for Council review, and that hearings thereon be scheduled later. blotion seconded by Tupa and carried, i?U3LIC HEAqI1iGS COXDUCTED Od PROPOSED I~~PROVEMEIITS . 02 Publication in Edina-Horningside Courier August 30 and September 6, 1962, and of hiling August 6, of "IJotice of Hearings on Proposed Improvements", winich affidavits were approved as to form and ordered placed on file. Pursuant to Hotice given, the following Hearings were conducted, and action was taken as hereinafter recorded: As the first order of business of this meeting, the There were Dickson moved that dudget be Clerk presented Affidavits 1. PUdLIC HEARIHG ON PROPOSED CONSTRUCTIOH OF SAldITARY SEWER MJD APPURTEl?Ai$CES IH VATERI.IA;? AVEiWFROH 195.5 FEET EAST OF SLAKE ROAD TO EXISTIHG !;ATMOLE 331.5 FEET EAST OF BLAKE ROAD. given irthe iiotice of Searing was $774.99; but that on the basis of bids taken today, the cost would be considerably higher--some $1,Q24 per Lot, Victorsen, owner of Lot 6, 3lock 1, Victorsen's Interlachen Addition, inquired about assessment for this lot, and was informed it is not proposed to be assessed; that newspaper publication was in error on this point, the Conn property in 3lock 28, Mendelssohn Addition, stating Hr. Conn is under the impression that the Village will not allow him to divide it for additional buildlng, Explaining that there are now two houses on the property--one in which Nr. Conn lives, and one old house on the East 75 feet, Messrs. Hyde and Hite stated there has been no request frcm Er. Conn recently €or subdivision of the property--that Asked why the bids were so much higher than Estiinate, Hr, Hyde replied that he believes it is principally because this is such a very small project--that only two bids were received, being $3,265 and $2,393, againss Engineer's Estimate of $1,887. except Mr. Conn's had been registered, and Ih. Conn had not determined that his property cannot be divided, the consensus was that improvement should be ordered. Dickson offered the following Resolution and moved its adoption: flanager liyde told the audience that the Estimate of Cost as !Ir, Folke Nayor Bredesenasked about . this matter was brought up some years ago by Tir. 3ones. , Inasmuch as no objection ES OLUTIOii ORDERIIJG I !.IPROVE:IE:IT SAXITARY SEVER IWROVEIIi2ilT 110. 201 3Z IT RESOLVED by the Council of the Village of Edina, 'linnesota, that this Council heretofore caused notice of hearing to be duly published on the folloving proposed improvement : I COXSTRUCTI03 OF VILLAGE SRXTARY SETEX AtJD APPURTEi?AifCZS in Yatencn Ave. from 195.5 feet East of Xake Road to existing 'lanilole 331.5 feet East of 3lake Road and at the nearing held &.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 refarred to in all subsequent proceedings as SANITARY SEIIER II.IPROVE:.IEIJT ;IO. 201, and tht area to be specially assessed therefor shall be as follows: Interlachen Addition; the L1.227' of alack 28, and The E. 70' of Xock 28, tlendelssohn Addition. Lot 5, 3lock I, Victorsen's 229 i Motion for adoption of the Resolution was seconded by VanValkenburg, and on Rollcall there were five ayes and no nays I lov~s : Dickson I) aye ; MacNillan , 2. PUSLIC HEARIXG ON PROPOSED COWSTRUCTIOd OF GRADIiTG, GRAVELLING, AiJD ASPHALT CmCFSTE PAVIiJG IN IJATERMAI? AV5;MUE FROPI dLAKE ROAD TO 813 FEET EAST. Mr, Iiyde -delegation that Estimate of Cost, before taking of bids toJay, was $9,928.24, with a per-front-foot cost of $6.61; that because bids on this particular project were much lover than estimated, the revised estimate is now $6,777, or $4,51 per assessable foot--with all abutting property to be assessed according to front footage. Nr. D, a, Fralick, owner of Lots 1 and 2, EIirror Lake View Addition, inquired as to the scope of construction under this estimate, fir, Hyde replied that the roadway will be 24 feet wide; that existing base will be used with some compaction, and there will be standard 2" bituminous surface, Nr, Fralick told Council he cannot see why residents should pay for a "service road for Interlachen Country Club", is a member of Interlachen Country Club, reported that at his request the Council has written to the Club asking for a contribution, on the basis that there are only five people on the street, whereas there are 500 Country Club members using the street--that he, personally, is not willing to ask pesidents to burden themselves for this cost. Mr, Bredesen then introduced into the meeting copy of a letter from Mr, Adam E. Zatarga, 6324 Waterman Avenue, to Mr, Thomas C. Hoak, President of Interlachen, which he asked be entered into the Biinutes of this Neeting, and which reads as follows: Mayor Bredesen, telling audience that he "Dear President Hoak : "The Club has no doubt received a notice dated August 30, 1962 from the Edina Village Clerk of a public hearing to be held by the Edina Village Council in the Village Hall on Nonday, September 10, 1962 at 7:OO P,N, to consider (among other things) the improvement of the entire 813 feet of Waterman Avenue from Slake Road to the back entrance of Interlachen Country Club. sadly needed) will include the srading, gravelling, and asphalt ?wing of the entire stretch of \?aterman Avenue at a cost to the residents of $6.61 per assessable foot, notice of the needed widening of the road, or its rearrangemant to its proper position so as to give the residents on the north side of Waterman Avenue needed boulevard or sidewalk space. lines servicing certain residential properties on the north side of Vaterman Avenue are located in the vacant land on the south side of the road which is really part of the road bed if it were properly relocated. "fly wife and I are the owners of the residence at the above address vtnich is located on the northeast corner of daterman Avenue and Blake Road. Flr. Xobert E. Conn, Jr. owns considerably more footags on the opposite side of the road. We have 136 feet of frontage on lJaterman Avenue vhich means a total assessment of about $900 for the nroposed road improvement, has to be paid in full upon assessment and billin2 instead of over a period of years which would certainly be a mors equitable way of Financing the improvement, What I am leading up to is a -prayer- for relief which I believe is also shared by all other residents and owners of property abutting Waterman Avenue, Country Club and definitely by ail vesidents of i?aterman Avenue %hat: This improvement (which is Northing is mentioned in the In fact, gas This is a very neavy cost, and especially if it It is well known to the membership 0% Intorlachm The use of the front entrance on Interlachen Boulevard is denied to Trucks and other vehicles exclusively servicing Interlachen Country Club with the impaied (if not express) instructions for such vehicles to use the 'Ilaterman Avenue route. These service vehicles travel along ?laterman Avenue to and from the Club as early as before davm, throughout the entire day, and sometimes at night. The rrZoom" up and dom the road at relatively high speeds, and definitely distract and disturb all the residents, any speed-limit signs on the road, but these would probably be ignored unless the road were regularly policed. "(a) T'ne Village has not set up 9 /10 /62 "(b) The road is used daily by a preponderant number of Interlachen members tinether they approach from the direction of Excelsior 3oulevard (north) or from Interlachen Boulevard (south) pre- sumably because of its convenient access to the Club's parking lot. to drive by the Club's front entrance do not use the entrance, but instead drive on and then drive down Xaterman Avenue, This has been witnessed by us practically every day since the begin- ning of the year. Vaterman Avenue has become the Club's private back roadway be- cause of the exc essive use of the road by service'vehicles and the Interlachen membership as compared with its use by the residents, There are only about six automobilFs owned by residents, whereas hundreds of Interlachen vehicles use the road continually all throughout the day and even into the night. member that Yaterman Avenue is used by Interlachen service vehicles and members only about three months each year, the actual use continues all year round, as it has been last ?-larch, April, May, etc, and will continue (the same as last year) for the balance of this year. Damage to the road (if improved) will not be caused by the six automobiles owned and used by the residents of 'Jaterman Avenue but by the hundreds of vehicles traveling to and Erom the Club. deeded repairs would (under the Village's assessment policy) be assessed to the residents with no comparable type of repair cost to the private front roadway leading to the Club from Interlachen 3oulevard. It is not readily understandable vhy members who have "(c) Unlike the mistaken impression of one Village Council The use today is the same "(d) "In the circumstances, it certainly would seem equitable for the Club to bear a reasonable portion of the road irnprevement and repair cost as long as 3aterman Avenue continues to be used so predonderantly by the Club membership and its service vehicles. through street, which presumably would pernit its improvement and main- tenance from village or county general funds. doubt will continue to be, a private roadway for the benefit of the Club. It is thus felt that it would only be fair and just for the Club to bear a portion of the road improvement cost commensurate with tne benefit derived by it from the use of the road. "I have mailed a copy of this letter to Hayor Arthur C. Sredesen, Jr. for his information. urgent request . " The road is - not a It is instead, and no I shall be pleased to hear from you regarding this Very truly yours, (Signed) A. E. Zatarga Ur. Fralick asked that truck traffic be stopped. been in good condition until sanitary sewer was constructed and the street damaged; that it is now about back to normal, except that with increasing use by Club menbzrs and service trucks the dust is terrible, who use the street, and the traffic is a menace to then, Yr. Fralick stated that if the street could be maintained and truck traffic stopped, he would'be villin9 to pay his share €or the iin?rovement. posted against truck traffic; was told by Kanager Hyde that on a graveled, un- improved straet it is questionable that such action can legally be taken--that we are having the same difficulty with Third Street, He reported thzt the street had Adding that there are six small children Mayor Bredesen asked if the street can be &. Emmett Boucher, owner of Parcel 5,000, T.117, R.21 (Sec.BO), askad thy the streat must be paved. by the Council because of cornplaints concernin2 the dust, and the noise, Boucher asked, Tlhat is the rnarter with oiling the streetTtr willing to go along with his neighbors in paying for an improvemznt, but that the street, rough as it is now, is being used as a speedway by sone of the Club members and the trucks servicing the Club, and that if it is permanently surfaced there brill be practically no control over the speed, oil, he was informed that with amount of traffic over street this would not suffice, ibb, ;Jestby, owner of Lot 5, i3lcck 1, Victorsen's Interlachen Addition, inquired about the width and position of the improved street, rozdway will be 24 feet wide; that it will be in just about its present Dosition. He asked if it would ever be centered, and Nanager Hyde told him this is doubtful-- that centering the street and making it 30 feet wide vould be almost prohibitively expensive and would involve taking a house, moving the traveled portion at all would involve taking part of his home, Xr. Sredesen told him the improvement is being initiated Ilr, Xe added that he is . Insofar as his proposition to He was told the traveled Hr. Fralick said he believes that Xr. Boucher inquired as to wiiether the project had been petitioned, and was informed that petition had been filed last year for the improvement of the eest part of the street; that hearing had been held and improvement tabled because of the expense; that this particular hearing is being initiated because of conplaints on dust and noise 9/10/62 Trustee Dickson moved that matter of improvement of daterman Avenue be temporarily tabled until better participation by Country Club is worked out, Ilotion was seconded by Tupa and 'carried. Mr, Folke Victorsen, as owner of Lot 6, 3lock I, Victorsen's Interlachen Addition, spoke as being very much in favor of the project, saying he believes the new !'price is right". street, which permanent surfacing should correct. He added that there is a drainage problem on the llayor Bredesen told the group that the Village cannot force the Club to make a contribution for the improvement of the street; but that in all fairness to the Club, it is has been most cooperative with the Village in the past in other matters. ' Mr. Fralick reported that he is all in favor of the improvement if truck traffic can be stopped, and was informed by the ILlayor that the Council does not know how it can keep trucks off public streets. ilith the permission of Trustee Tupa, who had seconded Dickson's motion tabling matter, Trustee Dickson then amended his notion by moving that Hearing be continued to September 24, for final action, Motion seconded by Tupa and carried, 3. PUBLIC HEARING ON PROPOSED ASPHALT COIJCRETE PP.VIiJG AiJD PORTLABD . CEPIEIQT COiR%?ETEURB AND GUTTER--\JILR'~AI.~ AVE. PLACE: ROBERTS PLACE FROM WILRYAN AVEIKJE; TO ROLF AVENUE: ROLF AVE2JUE FROM - T UE: ROLF AVENUE FRON ROBERTS PLACE TO VALLEY VIE!? ROAD: AiQD W.62idD STREETmR'fAH AVENUE TO VALLEY VIEW ROAD, ;Jith the aid of a Vu-Graph -he route of the project, and the area proposed to ba assessed, were FED]: VAL'GEY VIEU ROAD TO ROiERTS shown. the State Highway Department Ls Highway #lOO-Crosstown Highway clovsrleaf complex, and that the Village has been in touch with the District Office of the iiighway Department to see if the Department will pay its "assessable share" of the cost of the project--but that so far we have had no word from them that they can legally pay, was $16.03 per Foot without Highway Department's paying its share; $11.92 if Department participates, but, audience was informed, bids taken todsy are considerably below estimate, and on strength of thess bids, costs xould Le approximately $13.44 without Highway participation ~ and $9 , 99 if Highway participation can be secured, 3lock 3, James A, Roberts Estate, asked if it is not the State's policy to surface its own roads; was informed by TIanager Hyde thar the State has this policy for its orin roads-that the problem, here, is that Rolf and Roberts Place are not actually state roads, although the state owns part of the property abutting them, participates, but protests paying any part of the state's share. Pianager I-Iyde suggested that project be anproved subject to Village's suring State's commitment to share in cost, or Village Attorney's ruling that State can be assessed, Nr. Frank Cardarelle, owner of seven assessable lots on Uilryan Avenue, said he believes the Village will do everything possible to get the State to participate in paying the cost; that he would like to see the Council take action, tonight, for the improvement. A. Roberts Estate, saying there are only about a dozen cars a day on Roberts Place, inquired as to why curb and gutter is needed, here, Nr, Hyde replied that curb and gutter is recommended for the purposes of - 1, confinin; and protecting the asphalt; and 2, only a one-shot improvement at a cost of about 25C per foot; that it must be petitioned each year, Fir. A.F, Kilian, 5112 Roberts Place, owner of Lot 12, Slock 3, James A, Roberts Estate, reminded Council that petition stated that the State is primarily responsible for traffic on Roberts Place. a service road?", Mr, Kilian told Council that thz state's service road along Highway if100 south of Valley View "does not serve anybody"; that when it runs into Yilryan Avenue it is no longer a service road. State avoids dead-end streets wherever possible; that during construction of the cloverleaf complex access to certain properties was removed and had to be replaced by a service road, Estate, said that all Roberts Place needs is oil, because rhere are only seven residences on this block. In order that matter of Petition for Inprovement of Rolf Avenue and Roberts Place be made clear, letter of transmittal was read by clerk. to the fact that the property on one side of Roberts Place is ormed by eithr the Village of Edina or the State of Hinnesota, we are askin2 relie€ from either or Manager Hyde explained that two of the streets are actually bordering Estimate of Cost,as given in ;Jotice of Hearinz, Ilr, C, D, Johnson, 5105 J.62nd St., owner of Lot 2 Nr, Johnson reported he will go along wit'n the improvement if the stata IvIr, 11. A, Olson, 6116 Roberts Place, owner of Lot 11, Block 3, James aiding drainage; also, that an oil job is Asking, What is considered flr, Ijite reported that the Hrs. E.C, Alexander, 5104 Roberts Place, Lot 14, Block 3, James A. Roberts It stated, "Due I 9/10/62 both the Village and the state, years than we normally have for ten years. should bear the cost of blacktopping Roberts Place and Rolf Avenue from Roberts to Valley View Xl czak i4r. Gordon ~AT&~S asked that the Council either approve this proposed improvement, or, if this should be disapproved, then re-instate the petition for the Street Improvement on ililryan Avenues that, if neither of these actions is taken the Village does make arrangements to have ililryan Avenue gravelled before the snov, He added he has lived on Ililryan Avenue for six years and has never had a good road. this time, asked how many homes can be built, with heavy equipment, before street repairs are neeeded, improvement is designed for a four-ton axle load, which trill norinally handle construction trucks. from the State, flilryan should also deserve it because of the traffic it has borne in recent years. James A. Roberts Estate, said he understands FI.62nd Street is being included in this proposed improvement only because it will be the only unpaved street in the area if improvenent is approved, said he feels 62nd Street should be improved together with neighboring streets--that it will be cheaper than a lone imyovement for the one street at a later date--but that he feels the cost, without state participation is just too high, and hopes the Village can get help from the state. He added he has a drainage problem which would be corrected by surfacing the street. that the objections to this project i.rould be at least somwhat less if the State agreed to pay its share. Portland Cement Concrate with Integral Curb, stating he believes he has heard lower ppices for this type payment than the price quoted here tonight, explained that alternate bids were not taken on this improvement, because FCC bids have been consistently higher than asphalt pavement bids this year, whereas, last year, several PCC bids were lowei- than the asphalt. assessable-per-foot estimate is high because corner lots are being assessed for only 1/3 their side footages, on the basis of having the State pay for its abutting footage only, whereas residents fee3 the State has been responsible for ruining their streets in the first place and would like compensation for this. done to secure such payment from the State. tlanager Hyde replied that nothing had been done; that there is no real justification for this request; that, subject to some final determination by the Village Attorney, we find we have very little authority to bar trucks from public streets where there is no permanent surfacing, much higher for this improvement than for klaterman Avenue; was informed that Ilaterman will be only 24 feet wide; will have no curb and gutter, from Nr. Eagnus as to need for curb and gutter, Mr. Hyde stated he feels curb and gutter on 3ilryan Avenue is a? absolute necessity, and that it should be constructed on the other streets also, except that he hates to pay this high cost. One lady inquired as to why a 24-foot street cannot be constructed, here; was informed that 30-foot fraveled roadway is Village residential standard; that Waterman is a very old "country lane", and is being considered far 24-foot r.ridth because of necessity of moving house in making it wider, Council discussed acting on I4anager's recommendation to approve the project subject to State participation in cost, but Attorney Hasselquist ruled that such qualified approval was not in order; that, should Council not secure State participation Dickson then offered the following Resolution and moved its adoption:, The road has had more traffic in the last two :\re feel that the village or state Nrs. A. H, Jensen, saying that most of the lots on Jilryan are vacant at She was told by Llanager Hyde that the street 3rs. Jensen added that if Roberts Place gets Compensation 2Ir, R.R, arandenburg, 5121 Valley View Road, owner of Lot 5, 3lock 3, Ilayor iiredesen told Council he believes it would be a Cair assumption to state Nr. C. R. Aungst, 5109 :I. 62nd Street, inquired a'oout comparative prices €or ?rr, Hydc He added that the Nr. Xilian reminded Council that the conversation, so far, has been strictly He asked if anyxning had been Hr, J.C. I-fagnus, 5113 I.I, 62nd Street, inquired as to why cost should be so At a question Hr. blagnus said he is actually in favor of the project, Council may abandon improvement at a later date, RESOLUTION ORDERIXG 1l.IPROVEEIELJT STIXET IIG'ROVEtiEITT NO. BA-55 I i3E IT RESOLVED by the Council of the Village of Edina, ;.linnesota, that this Council heretofore caused notice of hearing to be duly published on the following proposed *improvement : COiC3TRUCTION OF ASPIlALT COWCRETE PAVIXG Ai?D CO2CRETE CUB AZD GUTTER IN k7ilryan Ave. from Valley View Rd. to Roberts Place; Roberts Place from Yilryan Ave. to Rolf Ave,; Rolf Ave. from Roberts Place to Valley View Rd.; 9,62nd St, from >lilryan Ave, to Valley View Rd. 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 STREET I?lPROVZHEXT 140, 3A-55; and the area to be specially assessed therefor shall include all lots and tracts of land abutting the streets proposed to be improved. 9 /10 /62 235 m Ilotion for adoption of Resolution pias seconded by :lacNillan , and on Rollcall thera were five ayes and no nays, as Tupa, aye; VanValkenburg, aye; and adopted , ;layor L 4. PUi3LIC HEARING OX FROPOSED C3itSTRUCTIOd OF VILLAGE STORE SEJEF. AND APPURTENAiSCES , STARTING AT ,2 POIiiiT ON HALIFAX LAI~~ APPROXIIIATELY 300 FiZT SOUTrI xj.54Th STEE'f: THENCL iJESTElILY 400 FEET TO fiIiJilEfIAHA CREEK. Jith the aid of nu-Graph-showing the proposed route of the improvement and the draa proposed to be assessed, Ilanager Hyde reported that, pursuant to bids taken today, and a re-survey of the area proposed to be assessed, the Estimated Cost per Assessable Square Foot will increase from 1.576 cents to 1,735. Hite explained the proposed construction in detail, saying that some years azo a drain on Francs Avenue just south of 1J.Fuller Street had picked'up storm water, carrying it cross-lots to the Creek; that in 1955, when the south part of Halifax Lane bas bein? developed, petition was made for storm sewer and the paople received a storm sewer system for which they were assessed; tha-c since this pipe ~73s installed, the amount of water draining to France Avenue from the east has become more than this pipe can handle, and the water, flowing at high velocity, floods the Halifax Lane area out of the manhole at the iIorth corner of Lot 2, 3lock 4, Elmwood Terrace. The presently proposed project is to pick up the water at this catchbasin and carry it by pipe directly west to the Creek, the project is proposed to be assessed against that part of the drainage district which has not already been assessed for the Halifax Lane Storm Sewer Improvement. :4r, Hite added that because part of this drainage district lies in Hinneapolis City Limits, and the Village cannot assess it, the proposal is that the Village General Fund will take this portion of the cost, with the asszssable area to bear the balance, Manager iiyde added that the Estimate does not include any land acquisition costs. Lane, owner of "Lot 1 and that part of Lot 2 lyingSouth of the riorth 10 fect, front and rear, Block 4, Elmwood Terrace", reported that rfr, Joseph is ''a little unhappyff about this situation; that he already has a hump at the southerly edga of his property as the result of the original Halifax Lane installation, and now is faced with another on the north line; -chat Mr, Joseph has had his property appraised by A.D. Strong Company and finds that this proposed installation would put him in a very bad position and materially decrease the valuation of his property, Joseph and the Village could be worked out, f4r, Drake asked if storm water could be taken care of if the South line to the creek (the original iIalifax Lane installation) were removed, doing so would materially increase the cost of the project, asked about diverting the water directly into the South line, and was told that this, too, could be engineered, but that this also would materially increase the cost of construction. Mr. Hite added that Ilr. Joseph is one of the people suffering most from the water now flooding Halifax Lane after each storm. FI rr Drake suggested a conference with the Village concerning something to both the Village and Mr, Joseph's advantage, and was told that Manager Hyde and En@-ieers will be glad to consult with him and Mr. Joseph. to see the water bubbling out of this manhole, some six feet hizh; that water is four inches deep running across his property to the Creek, Stating that this is wrong, and that the system never should have been built this way in the first place, Ilr. TlacDonald said that if the Francs Avenue people have any compassion at all for Halifax Ayewe Lane residents, they will approve this project right now , TIr Ilerle Uahlquist , representing his father, Dr, Harold F, Ilahlquist of the lot directly to the north of rlr. Josephls, reported the owner is worried that the hump is going to keep water fron draining off his lot. Saying that he had already met with Messrs, Joseph and \lahlquist, IIr, iiite explained the hump will be about one foot high; that it is recognized that the Village must negotiate with these two property orrners for easements, and is also known that surface drainage from their properties to the creek must bz provided. necessary; was informed that this is becausc there is so little difference in elevation between the Creek and grade of Halifar: Lane. A question was asked as to "what will happen if this line breaks". Statins that while some damage could occur should the line break, Mr, Hite reported that design calls for strapping the pipe--which is bsyond normal design and should insure against breakage, Vr. Gaorge and then by open ditch through unimproved pronerty , The cost of A Mr. Drake, representing 14r. T, G, Joseph, 5420 Halifax Saying he sincerely hoped that something satisfactory to both tIr. Vir, Hite replied that this could be done, but that Mr. Drake then Iir, J. 3. MacDonald, 5428 Halifax Lane, reported Council would be ainazed orrner Trustee Dickson inquired as to why the the much discussad is Another question was dirx-ced to blr, Hite concerning the trees which are growing within four feet from the proposed pipe location. tiqo small trees on t4r. Joseph's lot will have to be replaced; that the others should not be damaged by construction, negotiate on easements, Kr, Hite recommended approval of project by Council, now,- in order that it might be completed before spring thaws next year, I&-. Drake reported that besides the easement, he also wants to discuss the elimination of one hump, Stating he has already discussed this matter \&th 11s. Joseph, f-Ir6 Hite told Council this present design involves the least expense of three designs considered, fTr, FIacDonald, saying he knows the project will be more expensive but that he t7OUld like to have 'something done, soon, suggested that water be picked UD on the east side of Halifax Avenue, and that the pipe now on the south side of Ilr. Joseph's property be enlarged to take it. Joseph and XacDonald (who krill not be assessed for it), Hr. Hite reported that Mr, HacDonald's proposed alternate has been considered, but that Halifax Lzne is a very new1 im roved street and this would mean tearing up the street; thar the second a!& RS we suggested would be about four times the cost of the proposed project, and the third proposal about twice the cost of the proposal tonight, Attorney Hasselquist suggested that this proposed improvement be approved; that if an easier, more economical solution can be reached , that is all well and good. UP. Glenn A, Burdick, 3909 W,54th St., asked for a re-survey before his property is assessed, claiming that his frontage drains toward 'J.54th Street; was told this would be done. +- A meeting was arranged for Nessrs. Drake, Joseph, tfahlquist , with Ifr, Hyde and Village Engineers, and Dickson offered the following Resolution and movFd its adoption: ifote: See resolution RESOLUTION ORDERIXG IMPROVEFIEI'JT Ansndin?, 10/22/62. I;r, Hit@ replied that Saying he believes I-Iessrs Drake (for IJr, Joseph) and Vahlquist want only to Reminding Council that project is being considered at the request of flessrs. Opg' I STORt.1 SE!IER IPIPROVEI4ENT YO. 76 3E 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 : COWSTRUCTIOi? OF VILLAGE STORM SESER AND APPURTENAETCES , Starting at a point on Halifax Lane approximately 300 feet south of I.J.54th Street; thence westerly 400 feet to blinnehaha Creek and ai- 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 STORI.1 SETJER II~lPROVEtIEI~T i40. 76, and the area to be specially assessed therefor shall be as follows: "All lots and tracts of lahd within the following describe6 boundaries: - '3eginning at a point on the nortn line of Lot 2, Block 1, Elmwood Terrace, said pbint being 15' vest of the northeast corner of said lot; thence South and Tarallel to the east line of said Lot 2 to a poin-i on the south line of Lot I, alock 1, Elmood Terrace; thence southwesterly to a point on the nor%h line of the north 55.47' of the south 164.97' of the east 197.67' of the northeast 1/4 of the northeast 1/4 of the north= 2ast 1/4 of Section 19, Township 28, Range 24, distant 140' vest of the J.E. corner thereof; thence south to a point on the north Line clE Lot 2, Block 2, Elmwood Terrace, said point being 140' west from the J.E. corner of said lot; thence southeasterly to a point on the east line of Lot 2, alock 2, Zlmwood Terrace, said point being 50.04' south of the d.E. corner thereof; thence east to a point on the east line of France Ave., said point being 20' south of the S,:J, corner of Lot 4, Slock 5, Noodbury Park Near Lake Harriet; thence north along the east line of France Ave. to the south Line of :.Jest Fuller St.; thence east along the south line of :lest Fuller Street a distance of 227'; thence northwesterly to the S.E. corner of Lot 13, Block 4, Ivandale Park Wear Lake Harriet; thence northwesterly to the northvest corner of Lot 12, Block 4, Ivandale Park Near Lake Harriet; thence north to the il.E. corner of Lot 6, i3lock 4, Ivandale Park dear Lake Harriet; thence east to the fi,E. corner of Lot 3, Block 4, Ivandale Park Year Lake Harriet; thence south on the east line of Lot 3, Block 4, Ivandale Park Hear Lake Harriet a distance of 30'; thence east and parallel to the north line of Lots 1 and 2, Slock 4, Ivandale Park ;?ear Lake Harriet, to the east line of said Lot 1, Slock 4, Ivandale Park iJear Lake Harriet; thence north to the N.E. corner of said Lot 1, Block 4, Ivandale Park Gear Lake Harriet; thence northeasterly to the S.9. corner of Lot 16, Block 6, Hawthorne Park Second Division; thence northeasterly to a point in Lot 16, 3lock 6, Hatlthorne Park Second Division, said point being 30' east of and 5' north of the S,x, corner of said Lot 16; thence north and parallel to the center line of South Ewing Axre,, to a point in Lot 30, 3lock 6, ifwthorne Park Second Division, said point being 30' east of and 5' south of the N.V. corner of said Lot 30; thence northwesterly to the I?.W, corner of Lot 30, 3lock 6, IIawtnorne Park Second Division; thence Vest to the :?,;I* 9 /lo /62 235 corner of Lot 1, alock 5, Hawthorne Park Second Division; thence southwesterly to a point in Lot I, Block 5, Hawthorne Park Second Division; said point being 30' west of and 5' south of the N,E, corner of said Lot 1; thence south parallel to the center line of South Ewing Ave. and to a point on the south line of Lot 4, Block 5, Hawthorne Park Second Addition, said point being 30' east of the south- east corner of said Lot 4, Block 5, ;-fatithorne Park Second Addition; thence south- vresterly to the 1J.W. corner of Lot 6, Block 5, Hawthorne Park Second Addition; thence west to the N.E. thence southwesterly to the SOW, corner of Lot 24, 310ck 5, Harrthorne Park Second Addition; thence southwesterly to the N.C. corner of Lot 17, alock 1, South darriet Park Second Addition, 'E%,* I$, t'o Pt, :on I$.line a& L-;17_,~,1,-50;Htzrri'et P-xk 2nd- 'Addn. 2 sa'id:' Pt ; -Seind -25 fib from 1T;E; Cor ,I aArsaid Lo2 gdk. SVks to Pt (. in LA. 18, Xi'.Z$ -.Sb;I-€~rnie;t Park 2qd7hdd.i5. ,: saikiipf,.i-heZng -35 .f,- 'of E ,, lox line and 147 ' il e 'of SO. lof' line of ,said L, 1%; ?ti, tT. to t, in Lot L8$1 ,.l ,So ,Harriet, Park 2nd Addn, ssid pt, being 143' V, of E, 'Lot fine arid 14Zr Id. of -S. lot Line of silid lot; th,, Sa 30 pt. onS. lot.line of-L,18, 31, 1, So,i-Iarriet Park 2nu Acidn., said pt. being 143' \I, of S.'J, Cor, of saici lot; xh, SWly to pt, on Saline of iJ,54th St,, said pt, beiW 30' E, of A.E. Cor, of Lot 10, South ridge Addn,; th, S, to pt. on S, line extended of Lot a, South Ridge Addn., said pti being 3i)' i;. 01 S,E, Cor, of said Lot 8; th, SCly to pt. of beginning." Xotion for adoption of the Resolution wa corner of Lot 25, Block 5, Elawthorne Park Second Addition; COUiJCIL COI?SIDERS BIDS TAKEN SEPTEE3ER 7 AND LO : AWARDS ONE IIIPROVEI4EMT CONTRACT: TABLES ACTION FOR TU0 7EEKS Oid THREE OTi-lERS, 3idsTGaken Septkmber 7tn Uanager Hyde. presented Tabulation of on the proposed improvements f or which Council has haci Public Hearings this evening: 1. ON STREET 114PROVEMEiJT NO, 3A-55 - Asphalt Concrete Paving E Concrete Curb and Gutter in IJilryan Ave. from Valley View Ed. to 'ioberts Place; Roberts Place from :Jilryan Ave, to Rolf Ave. ; P.olf Ave. froiil Roberts Place to Valley Viaw Rd, arid i.J.62nd St. from Uilryan Ave. to Valley Visvr Road -- Ttro Bids received-- Northwest 3ituminous Co,, Inc., $30,554.98; 3lack Top Service Co., $31,635.25; as cornpared with Engineer's Construction Estimate of $36,873.35, Diclcson movcd that action on this bid be tabled for two weeks, in order that the Village mi,zht determhe whether state assistance in paying for the project is possible. Tupa and carried. of Blake Rd. to Existing Manhole 331.5' East of alake Road) and PROPOSED ~?ADIIIG, GRAVELIiJG E ASPHALT COXCRETE PAVING IIJ IIlATERI~IAiJ AVE, FROM dLm RD. TO 813 FT, CAST Ibidsm tied on these two proposed improvcmenrs) - Tvro bids received, dorthvrest aituminous Co., Inc,,beilig high bidder at $8,502.55, and dlack Top Service Company low bidder at $7,898.20, compared with Engineer's Construction Estimate for these two projects, o€ $9.804.41, attempting to secure additional participation from Interlachen Country Club on the Street Improvement, Tupa moved that bids be laid over until Septamber 24, Motion seconded by VanValkenburg and carried. Notion seconded 'u;l 2, 014 SAXITARY SEIJER IMPROVEVEi?T i40. 201 (in :laterman Ave. from 195.5' Zast: Inasmuch as bids are tied, and Council is 3, OiJ STOR?! SEWER IMPROVEMENT NOs 76 - Starting, at a point on i-lalifax Lane approximately 35'0 f eet South of i4,54th St. ; thence Westerly 400 feet to Ilinnehaha Creek. compared with Engineer's Construction Estimate of $5,265.00, recommended award to alack Top Service eo., and Dickson so moved, by VanValkenburg and carried - Only one bid, that of Black Top Service Co, ? in amount of $4,846 ,OO as T.lanagw Xyde Tlotion seconded CONTRACT FOR bJATER WELLS HOS. 10. AND 31 AVARDED TO dERGERS0i.I-CASWELL, IidC. hyde prasented 'Tabulation oT the six bids received September 10. on construction Mr. of i-Jater Supply Wells iJos. 10 and 11, $49,835.00; Keys Ne11 Drilling Co., second low at $52,788,005 and blueller Bros,, third loti at $59,840,00,, as compared with Engineer's (Banister's) Construction Estimate of $70,000. Inc., and Tupa so moved, i3ergerson-Caswel1, Inc., was low bidder at Mr. iiyde recommended award of contract to 3ergerson-Caswell, Notion seconded by VanValkenburg and carried, SWOY PLObIS TO BE PURCHASED FROM HAYDEN-MURPHY EQUIPIGLJT COMPANY. '-==-for Two Snow P10r.r~ with Hvdrauli-c Presenting Pump, and Electric Power Pump, Manager Hyde recoGiended award of pnchase c&tract to Lori bidder Public klorks Equipment Co, anci Phillippi Equipment Company, at $2,536.00. to low bidder 2 ilayden-I.:urphy Equipment Company, was seconded by Tupa and carried. Hayden-Murphy Equipment Company, at $2,125.00 Other bidders were at $2,346 ,OO Road llachinery anu Supplies ~ at $2,360 .OQ PlacE/lillan's motion, awarding contract $U;JTKfSIDE, Ppsj SJF, ,:IOX AfJD 3ACKSTOPS CXJTRACTS AIIAXDED: , SOD i3IDS FGJECTED 9 Hanager Hyde presented tabulation of bids taken today, on Hourly Equipnent for site work at Countryside Park, Studer Company, failed to bid on truck or loader time. PI. E. Kraft, at $6,589.00; An Den Construction Company, at $6,923.00; and Earl ilelch Excavating Co. , at $7,885. contract to low bidder, 1.1. E. Kraft, and Tupa so moved. VanValkenburg and carried. Tabulation of Bids taken today, on i3ackstoFs for Countryside Park, was then .1 subzitted, showing two bids, Crody Feflce Company being low bidder at $1,088.00, '' and Century Fence, high bidder at $1,180.00. Reconmendation was for award to lorr bidder, Crovly Fence Company, and Tupa So moved. 3r. Hyde also submitted two prices bid today on Sod for Countryside PaFk, * being $1,000 by ::,E. draft, and $1,500 by.An Den Copstructioa Co. Park Departnent feels both these bids are too high to be favorably considered, he recommended that bids be rejected. VanValkenburg and carried. There were four bids, but one bidder, Edward Cornpetetive bids were Manager's reconmendation tlas for award of rlotion seconded by 9 Stating ziiec Tupa so moved. liotion seconded by REqUEST FOR ViiCATi0~4 ___I. OF . Y.65TH STREET BETiIEEiI RYAAd AVE;. '&.ID PtlIiiJELL ASE. PXAD. The request of 13r. Lloyd r;. Lundahl, 6433 Ryan Ave. , for Vacation of :1,65rh Street between Ryan and Parnell Avenues (for the reasons that the Village has not main? tained the street, and The cost of the improvemen?: would be a burden) was read. i?o action PEG taken. *u EXIST E ER3ST _..I.. EI;PLOYED . -.A . FOR AUDIT OF FIXP.XCI,AL %CORDS FO3 YEAR 1952, Ernst E Zrnst's letter requesting favorable consideration of this firm as auditors for the financial records of the Village f?r 1962, was read, their appointment, and Tupa so moved. :.I anager Hyde recommended Xotion seconded by VanValkenburg and carried. E.IIX.IESOTA MUI.IICIPAL CO;.!I.IISSI@I? ' S ORDER TO EDEH PRAIRIE TO HOLD ELECTIOH Oi? IiJCORPO3ATIOd 1ZE;PORTED. The Ilunicioal Canmission's order to Eden Prairie Township to' conduct an election on &e matter of incorporation was reported to the Coilncil as a matter of information, only, ROTAXY CLU3 S IiIVITATI0;J FOR "SAFETY AUARDS PFGSENTATIOiJ DIIUER" READ AXD ACCEPTZD. This inviration, tendered by Nr. Bruce Shubert, President of Rotary Club of Edina, for Ccuncil's attendance at the Rotary Club's "Safety Awards Presentation Dinner" to be held at Interlachen Country Club on Thursday, %$ember 13, was read, and accepted with thanks by :layor Bredesen on behalf of the Council. SAFETY AdARDS PRESEi?TATIO:I TO 3E AT EDI8A HIGH SCiiOOL 0;I TdURSDAY ~~IO%;JII.J~. Xr. -nformed Councyl that arrangements have been made for presenration of the three traffic safety awards at a ceremony to be held at Edina High School the inorning of September 13, with Governor Anderson and other notables speaking. Saying he feels Edina should be very praud of its Police Department's efforts in pronoting traffic safety, ?-Ir. Hyde added he hopes it will be possible for all council members to attend this function, Awards to be presented are as follovs: AXARD OF PERIT, from Hinnesota Safety Council, "for noteworthy accident prevention performance and traffic safety law enforcement , 1961". CERTI-FICATS, ,OF, ACHIEVEVEHT , from National Safety Council, "for no traffic deaths, and progrzssive accident prevention program activities as shown in the annual traffic inventory, 1961t1. 3. of Police, Ilfor outstanding achievement in police traffic supervision, 1961" . Flr. Hyde added that Edina is the only municipality in 1.linnesota to receive all three awards; the only one to get the Outstanding Achievement Award, and one of six in the United States to get this latter award, I 1. 2. OUTSTJ.XDJ!?G &CHIEVZI.IEiIT KIARD, fron International Association of Chiefs IIEQUZST FOR STRAIGHTgi4I;IG ,''RY&Y AVEHUE JOG" TO 3E REFERRED TO HIGil!IAY DEPARTT-IEiJT , Plr. E.meven, 6201 Ryan Avenue, appeared before the Council to suDDort a ... request made earlier to Planning Director-Hite, to have the rtjogll in Ryan Avenue, at li.62nd Street, straightened out. the Straet on Highway Department right-of-way, and moving sone of their fence, ;-I@ said he would recommend the Village's discussing this matter with the Highway Department, adding that thera will be sone cost involved, and that it is not known wino would pay--that, if t'nis project is considered to be in the best interests of the Ryan Avenue residents it might be included in the project of paving Ryan Avenue south of 3.62nd Street. the Police Department as to triiether such a change will increase a Traffic hazard before time and money is spent on any change. talkid 25th the Highway Department Engineers, \in0 have told him it is very impGotant that action be taken, now, before any fencing is done, drainage problem on the street, which the straizhtening would help; that there is very little traffic in the area, and straightening the street would not create any hazard; ana that straightening the street wculd involve moving highway fence back about thirty feet, rhich should help the area. Dickson's motion, that Edina ask the Highway Department €or its reconmendation, kiss seconded by VanValkenbur2 and %am ied . 15r. iIite told Council this would involve placing ikyor Bredesen stated he believes wd should find out from Yr, Kleven told Council he has already iIs addad that there is a. 9/10/62 IXQUEST FOR CO,ISTRUCTION OF LATERAL 'IIATERIQIIiJS AliD LATERAL SAilITARY SErlERS IiI L&<L LDIiJA 3RD AiJD 4'l'i-l ADDiTIOiJS DISCUSSLD : lGARIi4GS TEI?TATIVJ;L~ 3CHZdULED FOK FIRST REGULAR I!ELTING II'J OCTOBEX. the Tlinute Book), relative to ways and means of p3ying €or the diffzrenc- between the cost of the 12" Trunk llatermain which the Village wishes to install in Jest Shore Drive and the 6" Hain which would be necessary to serve Lake Edina 3rd and 4th Additions. He reported that Estoir Corporation is now petitioning the Village to install both the lateral watermains and the lateral sewers in all of Lake Edina 3rd an6 4th Additions, saying the Village has no objection to doing this and making assessment over a three- year period, provided the proper subdivision financing agrtemcnt is filed and performance bond presented, and a bond is submitted for the permanent surfacing of the straets, Ur. Stoir reported it Is his understandin2 that the Village will be doing the street surfacing from now on in new sub- divisions, and asked if it is not being done for others, Planning Director ilite informed him that the Village is not surfacing streets in new sub- divisions where the three-year financing plan is being used. As to flr, Stow's question as to just how the Village will accomplish what it wants to do, Elr, Hite replied that the procedure will be the same as that for Lake Edina 2nd Addition, except that the Village will not require payment of the $600 per lot escrow payment for street surfacing, if developers have the right to do the street surfacing themselves, 14~. Hite explained that the bond for street surfacing will not cover assessments, but will only assure us that developers will do this work themselves. Stow inquired as to amount of bond, was informed that it has not yet been estimated but will run in the neighborhood of $8.00 qsr front foot €or each lot in the subdivisions, i'lr. Ston evidenced his willingness to enter into subdivision financing agreement and furnish bond, lip. Hite suggested that Council schedule a Public Hearing on these two improvements, saying plans have been prepared and approved, for first regular meeting in October, with understanding that if subdivision financing agreement has not been signed the Hearing will not be held, by motion Dickson, secondeci by VanValkenburs and carried, Manap? rlyde recalled for the Council by the Council at Meeting of June 11 (Page 131G2 Of This i - Asked by Ilr, Stov Hr. Public dearinga were scheduled and bond submitted by that time AUT~ORITY, GRANTED FOR BIDS oiq SALE OF LOTS 1, 2, 3, 4, LOCK 2, VALLEY VIEW TERRACE 'THIRD ADDITION. 14 anagei Hvde recommended the sale of the above - * four lots, asking authority to take bids thereon, He informed the Council that these lots are not needed for public purposes, that they are in a fine residential district and will make good building lots; that Village should ask for a minimum,of $10,000 for the four lots. VanValkenburg's motion, that bids be taken for sale of the four lots, as recommended by Nanager, was seconded by Tupa and carried. LIQUOR STORE SITES TO BE IIWESTIGATED IN FIELD i3EFORE ACTIOIJ IS TAiGN. Tlr, HyGeported that because of the differences in the terrain in the various proposed sites €or a third Liquor Store, it is his recommendation that Council inspect these sites in the field, permission he will arrange a future meeting for this inspection. Recommendation accepted by common consent of Council. de added that, with Council's COUiJCIL APPROVES PURCHASE OF SITE FOR PUBLIC 7ORKS GARAG AiiD JIIXEdOUSE, Uanager Hyde $resented to the Council a Purchase Agreement with Peterson E Associatks, for purchase by the Village of tract (comprising 151,3813 SqeFT.) lyin=j between Brookside and Arcadia Avenues, South 01 diltmore dowlina Allay and dorth of Eden Avenue, for an amount of $110,000, to be paid on or before dovember I., 1962. as follows: SUaJECT TO APPROVAL OF VILLAGE ATTOBEY Oil STITULAl'IOiIS r3F PURCHASE AGRZIILIT t The.property covered by this agreement is legally described "Lots 2,3,4,5,6,7,8,9 and 10; The East 90 feet of Lots 11 to 19 inclusive; all in 3lock 2, "Grand View Heighxs", according to recorded plat thereof, That part of Government Lot 8, Section 25, Tounshi-p 117, Range 21, lyin: dorth of the center line of Eden Avenue and East of a line dram parallel tc the main track of the ilinneapolis, Xortkfield and Southern Railway from a point on the dorth line of said Government Lot 8 distant 582 feet Easx from the Aorthwest corner of said Government Lot 8, accordiny to the Government Survey thereof". Agreement contained several stipulations, about which the Council asked ik. Roy H. Peterson. Ready-Mix operation. that it is planned that if Council approves this agreement, prasent owner r~ill serve notice to these people to have premises vacated by 13arch 1, 1363; that if there are any costs relative to removal of this operation accruing to the Village present owners will pay these costs, the five-year lease to be provided to Roy L. Lindgren, Sr, for the residence ne now occupies at 5136 Arcadia. Question was directed to him concerning removal of the Ilr. Peterson stated they can be removed at any time; Juestion also vas asked about Elr. Peterson replied that this lease does 238 9 /10 /62 not protect the entire Lindgren family, just Nr, Lindgren, Sr. concerning the matter of a retaining wall, was directed to Mr, Peterson, but this he could not answer offiand. purchase the property, as did his written memorandum to the Council, dated August 31. Tupa's motion, that Purchase Agreement be approved, subject to Village Attorney's approval of all stipulations contained therein, was seconded by Dickson and carried. (BOTS: Another question, Hanager Hyde strongly recommended that Council - 1 &f SEE Al4ENDI4EXT 9/24/62 - Page 242) ViiiRD STREET TRUCK TRAFFIC PROBLEX"ST1LL REEIAIiJS , AFTER I4EETIl"fG WITd HOPKIilS AIID SUPER-VALU OFFICIALS, the last regular meeting, znd Super-Valu officials; that, ax the present time no trucks are going out to County Road Yo. 18 on Third Street because of construction work at Super-Valu; that tlopkins has already approved a building permi of a 40-foot setback for the building, Super-Valu/ o use Third Street; that the Trucks using %$rd Street east-bound from County Road #18 are not Super-Valu Trucks bit suppliers traffic, but made no definite promises on this, whether there is any possibility of eliminating the East-bound route, and I4r. Zyde replied that our attorneys have not yet given us an answer as to how far we may go in eliminating track traffic, needed by Super-Valu from Edina; was told that because Super-Valu is in Hopkins they need no Edina permits, posted by Edina; that the Hopkins City 1:anager will contact Daffin Corporation relative to their plantings. street against truck traffic between 8:OO P.H. and 7:3O A.3, to do so; and some discussion was had about Vacation, untii sucn time as legal opinion is submittec, relative to Council's authority to regulzte truck traffic. Xr, Hyde reported that, pursuant to Council's direction of a meeting has been had by Edina officials with Hopkins I Super-Valul, on the basis $r%Es trucks; that Super-Valuewili work on eliminating night truck Trustee I4actiillaii inquired as to Ilr, Dickson inquired about any permits Hr, Iiyde added that the cross-streets have now bean Kr. Hite suggested the possibility of posting the should it be legal Action on matter deferred r'YZAR-ROUIID" DOG LEASHIXG REFEREi.IDifl.1 TO %E TAKEN iJOVET33ER 6TH. recommended that anisory ballot" be entered on the Voting Hachines for use Hanager Hyde at the November 6th General Election. Ib. Hasselquist informed Council that this procedure could in no way invalidate the balance of the election; and use of said lladv.isory ballot" was approved by common consent of Council. DiZB@iTIOiJ O3JECTS TO BUS TUW-AROUi?D : ACTIO3 DEFEWD TO SEPTEEIBER 24. Several residents were present to object to tne present route of buses, on France to FulBek, Fuller to Drew, Drew to J.54th St,, and M,54th St, to France; this being the route racently temporarily approved by the Village Council pursuant to notification by Erin City Rapid Transit Company that the "France to 54th Street" run would be taken off unless turn-around could be provided. complained that both the noise and the fumes from the buses are objectionable to him, and requested that buses be routed somewhere else. 3701 Y.54th St., reported that buses do not run according to schedule; that they run every ten minutes morning and evening, and run until 1:OO A,?!. Mrs, Olstad told Council that the streets in this area do not have heavy enoush blacktop TO prevent breaku? front the heavy buses; that she has called the bus conpany repeatedly, and has suggested that the'buses continue to i.1.66th Street on France, where they could turn around in the N.18dical 3uilding Parking Lot, but that nothing has been done, Hr. D. F. Benson, saying he sympathizes withahis neighbors--that the last thing he wants to see is a bus on his street--suggested that the bus be routed down 54th Street to Ewing Avenue, where it could back .out onto 54th Street, was also made that the Trisler lot at 54th and France be acquired by bus company for use as turn-around. latter suggestion-for reason that the Trisler lot is not surfaced and buses would be mired after rain and snow; that the reasons for/%$ending the route to 66th irould. be that there is not sufficient passenger load to warrant it. Asked what objection there could be to llY-ingll at Ewing Avenue, Yr. Hyde said that Company is attempting to get away from Y-ing at any intersection. line be terminated at 44th Street, rather than for this present arrangement to continue, Street, and the others continue out farther--to 66th or some other suitable turn- round. Wr. denson s aid another feasible route would be for the bus to turn East on Tifky-Tiiird Street, to Ewing, then on Ewing to 54th, then on 54th to France. He added that blacktopped streets have an estimated life of 20 years; that streets along the present bus route are some 15 years old, and that bus traffic tiill hasten deterioration, Street breaks up each sprin3 anyway, that buses will just make a bad situation worse. !.tanager Hyde was directed to arrange a meeting with Twin City Rapid Transit Company and make report to Council on September 24. _.._-.<.,. PIr. D, E, Bressler, 3625 IIrer37, Xr. Donald $1. Olstad, . Suggestion Eanager Hyde told Council the Company objects to Wn5s Pk. Bressler suggested that this bus Nr, Olstad made the alternate suggestion that more buses stop at 44th E&. H.R. Jacobson, 3541 Y. Fuller St., said that Fuller 9/10/62 239 VILLAGE ASSUPES ITS SHARE OF VALLEY VIE17 SCHOOL-PA% DRAIiIAGE STRUCTURES COST,, PARTTr Hyde reported that tne School Joard bas now awarued a contract to J. h. Danens € Son, low bidder, on Earthwork, Drainage Structures, Sanitary Sewer, Seed 'and Sod, for Valley View School, at $79,657'72; part of which contract includes drainage structures for* which the Village will be responsible; the Total Cost to the Village being $6,012.52 for the assessable portion of the Drainage Structure (Storm Sewer Improvement No,72), and $1,693.78 for the Park Development. assure the School Board that it will pay this cost, that Village Council concur in School Board's award to J.A. Danens & Son, and agree to accept Village share of cost as above tabulated was seconded by Tupa and carried by unanimous Rollcall vote, Mr, Hyde recommended that Council take action to VanValkenburg's motion, COUiJCIL SCHEDULES PU3LIC HEARINGS 014 REQUESTS FOR VAXLAiqCES FROM ZOISI:dG ORDIiJAi?CE -RE~IEL?TS, recbmmeGdation on the following requests, asking that' Public Hearinp thereon be scheduled for September 24: 1. E. B. Haedecke - 5524 bJ. 70th St, - Request for eight-foot setback from 'gas< -e' lot line (for purpose of remodeling home) , whereas ordinance requires 15-foot setback. yard set'back' for purpose of constru,ct ing home at above address) ; ordinance requires 30-foo-t setback, Planning Director Hite reported Planning Commission's favorable 2, Malcolm D, WcCampbell - 6700 Point Drive - Request fm 25-foot front- Dickson's motion that Public Hearings be scheduled for September 24, in accord with Mr, IHite ' s recommendation, was seconded by VanValkenburg and carried. FINAL PLAT OF VICTORSEN IS VALLEY VIEH ADDITIOW APPROVED. Hite presented this Final Plat, reporting that Planning Commission has recommended Planning Director favorably on it, with Planning Commission's recommendation. carried. VanValkenburg moved for approval of Final Plat in accordance Notion seconded by Dickson and RZQUEST HADE FOR SPECIAL PERKIT FOR GASOLIIJI;' SERVICI;' STATIOiJ AT 160RTH:IEST CORXER Tl.49-1rST. kdD FRA;?CE AVENUE, Planning Director Hite reported that request has besn made by Stow Company and Mobil Oil Company for issuance of a Special - Permit for a Gasoline Service Station at the Northwest Cornar of i?.49-1/2 Street and France Avenue, and that the Planninz Commission has recommended that this petition be denied. denial of the petition will be further stated in the minutes of their meeting, rriien available, but that I basically, the Conmission feels that ths traffic situation at this comer is serious, now, and that operation of a filling station with four points of access on this corner will aggravate tnis situation to the extent that it will be a nuisance. being happy that someone has at last recognized the very serious traffic hazard which has existed at this corner for years and i-s especially bad during the i-Iolidays. police patrol and issuance of tags to illegal parkers, and installation of a traffic signal. station at this corner would aggravate the traffic situation. he doesn't know enoughi about this to definitely say, flr. Tupa added he dozs know that nothing has been done to alleviate the traffic situation which has existed here for years Ffanager Hyde differed with €$rq Tupals statement, He reported police records will show -that there have been tass issued hers for parking violations; and that the Village has tried to get traffic signals, without results. Plr, Hite told the Council that petitioners have suggested a Police Report on traffic figures; that Planning Commission has stated that traffic enforcement alone is not the answer to the problem; that there is a great deal of traffic, here, and a great amount of turning movement--and suggested that reTort from the Police Department orr-this particular matter would certainly be in order, Stating that it is immaterial as to whether or not the Council does have a Police Reyort , Ilr. Josiah E. Brill, representing petitioners, told Council this situation is identical with a situation in Ninneapolis recently, vinere an appli= cation was made for a filling station on pro2erty already zoned; vtner.e the lower court held that applicants were entitled to their permit, and Supreme Court upheld the lower court's decision. Mr, Brill distributed copies of the Supreme Court's Ruling to the Council, saying the Supreme Court has pointed out that one of the reasons it has held that refusal to grant Special Permit for Filling Station is not legal is that a Filling Station would not create any more traffic pPQblem than any one of several other land uses permitted by ordinance without special permit. He cited amusement places, and skating rinks, as two examples of land uses not requiring special permits, which trill create traffic problems, aril1 added that the Village Engineers and Polica Department have the know-horr to ameliorate traffic conditions thenselves, Council has a moral obligation not to permit a nuisance for the area, told Council the Supreme Court has held that when property already zoned for Corninunity Store is purchased the purchasers have a vested right in it; that it is too late, now, for Council to rectify any mistake made years ago in zoniqq He added that the Commission's reason for recomaendin3 Trustee Tupa expressed himself as PIr, Tupa added that the.traffic situation could be greatly aided by Mayor 3redesen asked Mr, Tupa if he didn't think a filling Answerinz that I-Ir Mayor aredesen stated he feels the Ilr. aril1 9/10/62 this prqsrty Connunity Store-even by amendment to ordinance. the Viihge could not supply sorneone to control the traffic? Fetbtioners would hase someone to control it; that they want their peoyle satisfied., lip, i3rill suggested to tne Hayor that an opinion be secured from the Village Attorney, the Police Department and Council must still decide whether a Filling Station would create a greater nuisance than other land uses to which this property could be put under the Ordinance--that this is a llquestion of €act'!, rather than a llquestion of lawff. lir. Hite, saying ?.Ire aril1 has contended that it is too late to rectify a mistake, stated it might be cheaper for the Village to place Office Buildins Zoning on this property and pay for the difference in values. could be done by condemnation; that it is a perfectly legitimate and honorahla H% added that if Village Attorney Xasselquist, stating that every situation is different, said 1.b. aril1 agreed that this I thing to do. petitioners are willing to give this five feet, contingent upon there being no assessment for this improvement; that the five feet fir, aril1 told Council that if it wishes to widen 4942 Street five feet, Hr. Hite added that the offer is would be instead of the sidewalk, Council agreed to submit matter to Police Chief Bennett for study, and a detailed report to Ccuncil as to whether this petitioned land use will create more of a traffic haizard at this location than other uses permitted under the zoning ordinance, and continued the matter to Septenber 24. CoU;JCIL, pUTX0,UZSS COi?DE:;;IATIO;J OF "THAT PART OF LOT 45, AUDITOR'S SU3DIVSSI6iS 210. 176- LpdG, kEST pF piE EAST 140 FEET OF SAID LOT," re?ort&d on correspondence recently had with Dr, John P, Hornick, 2929 Hennepin Avenue, relative to the above described property, which the Villase should 'nave for the re-location of hookside Avenue, as proposed when the traffic channel- ization project for Highway $169-Brookside-Interlachen Intersection was introduced, Showing a plan, Nr. Wite again explained what is pro?osed for this Brookside avenue re-location, and its relation to the present traffic pattern. believes it is worth no more than $3,000, and suggested that condennation proceedings be initiated to acquire the tract. Trustee Tupa asked what She change will mean to the Solberg Service Station at the corner of 3rookside, Interlachen E Hwy.lY169; and Hre Hite replied that after the 3rookside Avenue re-location is accomplished. there will once again be two-way traffic on Interlachen Blvd., which r.:ould dace this service station in a better position than it now enjoys. The estimated cost of construction of the %etP 8rookside Avenue was reported as being between $15,000 and $20,000, and also suggested that because of a lack of adjacent benefited properties this may have to be a Village General Fund project, at least to some extent, Dickson's motion, directing initiation of condemnation proceedings for acquisition of the above described property was seconded by Kactlillan and carried, Zessrs6 Hyde and Hite He stated Dr, Hornick wants $5,000 for his property; that the Village C0U;JCIL -.. CA;$CELS AD VALOXZI4 TAXES LEVIED FOR IW?ROVEIlEl4T FUIJDS . . Finance Director Dalen's rep= that there is sufficient moneys in tile respective funds to permit cancellation of ad valorem tax levies payable in 1963 as follows,tras revieweci: Sanitary Sewer Improvement No, 53 Fund - $24,000 Southdale Improvement Fund - $ 6,200 Park System Bonds - $15,000 and Tupa offered the following Resolution and moved its adoption: RESOLUTIOi? CAiJCELLIlfG I?.IPROVEKfX?T FUHDS AD VALOREH TAXES COLLECTIBLE VITH 1962 GEHERAL PROPERTY TAXES VHEREAS, The Village Council of the Village of Edina has, by Resolution adopted Earth 2, 1953, levied a special ad valorem tax for the payment of principal and interest of its Sanitary Sewer Improvement Jo, 53 Fund; said ad valorem tax in the amount of $24,000 being collectible with and as a part of other general taxes for the year 1962; and October 26, 1953, levied a special ad valorem tax for the payment of principal and interest of its Southdale Improvement Fund, said ad valorem tax in the amount of $6,200 being collactible with ana as a part of other zeneral taxes for the year 1962; and WEIEFZAS , Xinnesota Statutes, Section 475 -26 , permiTs the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issues; an6 it has been determined by this Council that the requirad moneys are on hand for the payment of said principal and interest: XOi.1, THEREFORE, BE IT RESOLVED b.lr the Villa=e Council of the Village of EJina that t5ose a6 valorem tax levies made-by Resolutions of this Council adopted ?arc2 2,-.:, 1953, and October 26, 1953, and collectible with and as a psr-t: of other ganeral taxas in said Village for the year 1962, be and hereby arc cancelled; and HiiEREAS; The Village-Council of the Village of Edina has, by Resolution adopxaci I Pseting was adjourned at 10:35 P.P'1$, by notion Ilacl-Iillan, seconded by Tupa and carried. ' Village Clerk Pseting was adjourned at 10:35 P.P'1$, by notion Ilacl-Iillan, seconded by Tupa and carried. 4- ' Village Clerk ;JHCREAS, The Village Council of the Village of Zdina has, by Resolution adopted February 25, 1957, levied a special ad valorem tax for the amount of principal and interest of its Park System 3onds; said ad valorem tax in the amount of $50,000 being collactible with and as a part of other zeneral taxes for the year 1962; and the General Obligation Bond Redemption Fund) pernits the cancellation of all or part of said levy providing rnoneys are on hand for pjrment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of all of the interest and a part of the principal of said bond issue: of Edina that $15,000 of that ad valorem tax levy made by Resolution of this Council dated February 25, 1957, be and is hereby cancelled. IGnnesota, be authorized and directed to cancel the above descrj-bed ad valorem tax levies and to delete said levies from taxes to be spread for the year 1962. T.IHZREAS, Ordinance i?o, 17 of the Village of Cdina (An Ordinance Establishin? JOY, TilEREFORE, BE IT FURTHER RESOLVED by the Village Council of the Villap 9E; IT FURTHER RESOLVZD that the County Auditor of Hennepin County, COHPLAINT RECEIVED ON BLOCKED CULVERT IIJ VICINITY OF 7200 HIGHYAY $100, 14r. and xs. CarEiken, 7200 Dormandale Road, complained that.the drain is blocked from the Creek, across the road--that someone has blocked part of the outlet from Lake Edina, Village , and it was so ordered, ruined since storm sewer was installed. E4anager Hyde suggested that this matter be investigated by the Plrs, Eiden reported that their well has been No action taken on this complaint, GEORGE J. i?UGEi?T, 5809 YORK AVENUE, APPOINTED TO PLAWNIXG COiIMISSIOii FOZ UiGXPIRED =OF JOHN 'l', FOLEY, Mr. George J, Hugent, Ilayor Bredesen announced he had received a nornination for a young man long interested in community affairs, as the replacement for Mr, John Foley on the Planning Commission; and that, with confirmation by the Council he will appoint Mr, Nugent to the Commission for the unexpired term of Mr NacElillan s motion, confirming a2pointment was seconded by Dickson and carried. "CATERIIJG VEHICLE" SECTION. OF ORDINAIJCE i?O, 51A SUSPEBbED, FOR, 3ALAI.ICE OF SKPTLM3ER. A long discussion ensued on the terms of the "Catering Food behicle" sect??& of Ordinance No. 5111, pursuant to a letter directed to the Nayor from a Plr, Dawes, complaining he has been informed by the Village office that he must have a licensed caterer for a party he wants to give--and has also been informed that there are no caterers licensed in Edina. the sections of Ordinance 140. 51A were suspended for the balance of September, for a further report on this matter. Foley . Appointment to January 1, 1963. dy common consent of Council CLAIrlS PAID, INCLUDING $1,959.07 FOR EI.IERGF,NCY REPAIR PJOW TO \?ELL, per Pre-List dated September 10, 1962, were presented for papent in the .follor.ling amounts: Park Construction and Swim Pool, $4,348.20; Water Fund, $3,704.00; Liquor Fund, $49,221.15; Sewer Rental Fund, $391.44; Improvement Funds, $-0-5 and Poor Fund, $50.03--Total $144,942.51, Layne-Hinnesota in amount of $1,959.07, is the result of repair to the Sharwood lJell; that there was no tima to take bids on this work because pump had broken down and water had to be made available (pressur2 gets low in Granavictr area whan this pump is not working; that it was also found'that an additional 40 feet of shaft was needed because water level has dropped, and that this was ala0 done, Dickson's motion for payment of all claims presented was seconded by Tupa and carriad, Claims, as From the General Fund, $12,257.41; Construction Fund, $74,970.28; Park, Manager Hyde explained that the claiin payable to iiEARIdG SCHEDULED FOR SEPTEP13ER 24TH, Ol? PETITIO2 FOR CilAdGE OF STREET dAiGS, Petition was filed-for chance of name of "Shane Drivel' to "ERIi4 TERRACLI", and for change of name of that part of "!J,69th Street" located in Chapel Hili Addition to "SHAi4E DRIVE". for September 24th meeting, was seconded by Dickson and carried, VanValkenburg's motion, scheduling Public dearing on petition