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HomeMy WebLinkAbout19640601_regular124 { 6/1/64 d MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELI) MONDAY , JUNE 1, 1964, AT 7:OO P.N., AT THE EDIilTA VILLAGE HALL tfembers answering Rollcall were Macblillan , Rixe , VanVallienburg and Bredesen. Tupa entered the meeting later, as hereinafter recorded. Trustee ESSAY COXTEST WIiJNERS COMPLIMENTED BY COUNCIL. Havor Bredesen complimented Hichael Anderson and 1.5arilyn Snyder, Edina-Horningside On behalf of ldayor and Council, 4 - High School Seniors on their achievements in winning first and third places, respectively, in the b5innesota Police E Peace Officers'.Association's Essay Contest. Mayor Bredesen told the audience that more than 5,000 entries had been received in this contest, and that it was a distinct honor far Edina to have two winners . I4INUTES of the Regular Village Council Heeting of May 18, 1964, were approved as submitted, by motion VanValkenburg, seconded by b1acMillan and carried. I Subject of essays wa.s "Prevention of Juvenile Delinquency". . COUNCIL DELAYS ACTION FOR TWO WEEKS ON PSLIWINARY PLAN FOR TRUNK HIGHklAY NO. 100 FROM HIGHWAY NO. 494 TO NORTH VLLLAGE LIMITS. b5r. R. P. Braun, Deputy District Engineer for the State Highway Department, and Mr. Dean Wenger, Traffic Analysis Engineer, reviewed for the Council "Layout No. 14A, S.P.2733-25 (T.H.100=130) from Jct.F.A.I.494 to Jct.62nd St. & T.H.169" and "Layout No. 7C, S.P.2733-25, S.P.2734-12 & S.P.2735-52 (T.H. 100=130) from C.S.A.H.62 to T.H.711whicli together comprise the revised Preliminary Plans for Highway No. 100 from Highway No. 494 to the North Village Limits. First, the proposed full-half cloverleaf at 76th Street, with service roads brought up from $494 on both east and west sides, to W.76th Street; then the treatment at 70th Street, the combination of Highway No. 169 with Highway 100 from the Crosstown to the North Vilbage Limits;the new treatment of the intersection of Highway No. 100 with W.66th Street, with 66th Street curved to save some homes; Valley View Road to be cloased, with service drives north to the Benton Avenue "braid" interchange---which is something new, and which was discussed at some length. Question was raised as to whether there are any of the Ilbraid" interchanges now in ogeration, and Council was informed that there is one at St.Pau1 Park and one at Rochester. . been planned for Benton Avenue is that the conventional type would use much of the High school athletic field. Council was interested in planned traffic movement at this interchange, and it was noted that the interchange will be signalized. Brag 38+$ 8o:cilthat work on the portion of Highway 100 between Excelsior Blvd. and Highway, during summer of 1967; that there is no programming of the part south of the Crosstown. construction plans can be prepared. tonight, are the result of many meetings between State Highway Department and the Village Staff; and Mr. Hyde told Council that he believes the present design has.; solved most of the problems set forth at former hearings; that the main problem is with the Church and Biltmore Motor Hotel area properties. delay action, for further study of plan, to the June 15th Meeting. wasmlhad concerning the problem of the Church's land. Council action on plan be set over for two weeks, was seconded by bracbiillan and carried. to the Highway Department Representatives. One lady inquired about the 66th Street Hill, was informed that 66th Street will be raised, but that the main lines will be depressed slightly. Several items along the route were pointed out. Hr. Hite told Council that the reason this type of interchange has Hr. Be55 e&: $&way will begin during the summer of 1966; from there to Crosstown He added that plans mast be settled, soon, so that actual He added that the plans presented here, He recommended that Council Some discussion VanValkenburg's motion, that Mr. Hyde asked that those in the audience who had questions state them . 6/1/64 4 g 2;s a rn '30 0 COUNCIL APPROVES STATE-COUNTY-VILLAGE AGREEMENT FOR TRAFFIC CONTROL SIGI?AL AT HIGHWAY 100 AND W.70TH STREET. LOO, 14r, R. D, Braun, Deputy District Engineer, Minnesota Highway Department, presented to the Council a lltri-party" agreement , between State , County and Village, covering purchase, installation and maintenance of a traffic control signal at the intersection of Trunk Highway 100 and West 70th Street (County Highway 28). by County Highway Administrator!, Kent B, Youngdahl, dated May 15, after Hay 12th As part of the presentation of plans for T.H. The proposed agreement had been presented in a letter to IJlr, Hyde approval by Hennepin County,. A ounty and Village shall terials and equipment rental required to complete work, except cost of providing power supply to controller), plus 5% of such amount for Engineering and Inspection; and the Staze shall pay the balance; that the Village shall install adequate electircal power supply to controller, and shall provide electrical power for operation of signal, at sole expense of Village; that County shall keep signal, except for control equipment in controller cabinet, in repair; that State shall keep in repair the equipment contained in controller cabinet; that State will surface frontage road just east of and parallel to Trunk Highway No. 100 from 70th St. south to Hibiscus Ave,, and close access connection from frontage road to Trunk Highway 100 at Larkspur Lane, Aspasia Lane, Trillium Lane and Lantana Lane; that State will prohibit left turn from southbound Highway 100 to eastbound . Hibiscus Lane (by prohibitive signing); and that the Stat,e will close the access to Trunk Highway No, LOO inplace approximately 100 feet south of Payton Court. Mr. Braun asked for Council approval of Plans so that the maintenance work might be awarded June 12, and Engineer Hite reported he has had a chance to review the plans and would suggest that plans and agreement be approved. It was stressed that this is interim work, Rixe offered the following Resolution and moved its adoption: RESOLUTION FOR AGREEIENT FOR TRAFFIC CONTROL SIGNAL AT HIGHWAY LOO AND W. 70TH STREET BE IT RESOLVED that the Village of Edina enter into an agreement with the State of Hinnesota, Department of Highways for the following purposes , to-wit : To install a traffic control signal on Trunk Highway No. 100 (Normandale Road) at its intersection with County Road No, 28 (West 70th Street) in accordance with the terms and conditions set forth and contained in Agreement No, 53744, a copy of which was before the Council, BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby are authorized to execute such agreement, and thereby assume for and on behalf of the Village all of the contractual obligixtions contained therein, Motion for adoption of Resolution was seconded by VanValkenburg, and on Rollcall there were four ayes and no nays, as VanValkenburg, aye; and Bredesen, aye; and was qdopted. aye; Rixe, aye; And Rixe offered the following Resolution and moved its adoption: RESOLUTION APPROVING CONSTRUCTION PLANS FOR GRADING, BASE AND BITUMINOUS SURFACING, SOP. 2733 (T.H. 100-130) (MAINT.) WHEREAS, the Commissioner of Highways has prepared plans, special pro- visions 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 from the F.A.I. 494 to C,S.A,H. 62; and WHEREAS, said plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P.2733 (T.H.100~130) (Maintenance ) ; and WHEFGAS, said special providions are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P. 2733 (T.H. 100=130) (Maintenance), which, together with the Piinnesota Department of Highways Specifications for Highway Construction, dated May 1, 1959, on file in the office of the Commissioner of Highways, constitute the specifications €or said improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100; and 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, to refer to, and incorporate the plans and special provisions in the fpregoing recitals particularly identified and described, 126 6/1/64 NOH, THEN, BE IT RESOLVED that saidplans and special provisions for I- . the improvement of Trunk Highway No. 130 renumbered as Trunk Highway Number 100 kithin the limits of the Village of Edina be and hereby are approved. plans and special provisions be and they are hereby approved and consent is here- by given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 130 renumbered as Trunk Highway Number 100 in accordance with said plans and special provisions. Hotion for adoption of the Resolution was seconded by/Z&xe, and on Rollcall there were four ayes and no nays, as follows: BE IT FURTHER RESOLVED that the elevations and grades as shown in said VanValkenburg aye; Rixe, aye; VanValkenburg, p. t4acl-S and Bredesen, aye; and the Resolution I RECONSTRUCT1011 OF INTERSECTION OF W. 50TH STREET AND HIGHWAY 100, AND E-SIGNALIZATIOZ DISCUSSED. EDENA AGREES TO PARTICIPATE IN COST OF E-SIGNALIZATION UP TO 25% OF COST. tllr. araun, Deputy District Engineer for the Hinnesota Highway Department, also consulted with the Council relative to the Highway Department's plan for the reconstruction of the I.1.50th Street-Highway 100 intersection, and the upgrading of the present signal installation. He told Council the new signal system will allow dual left turns off north and south bound Highway 100, and will release any thru lane that does not have opposing left turn demand, and that in addition an added lane on the westerly approach of Highway #169 will allow a left turn from two lanes plus one lane for eastboun'd traffic. new signalization is $15,000, of which Edina is being asked to pay 25%; that the State will retain the new equipment when Highway 100 is upgraded and the system is no longer needed at this location. Iifessrs. Hite and Hyde both heartily recommended that the Village participate in accordance with the State's request. of agreEment provides that in addition to the 25% of the construction cost of revision of traffic control signals, the Village shall install an adequate electrical power supply to the controller, and upon completion of the work shall maintain and keep in repair said installation except the equipment contained in the controller cabinets and shall provide necessary electrical power for their operation all at the sole cost of the Village; the State to maintain and keep in repair the equipment contained in the controller cabinets. Resolution and moved its adoption: Mr. Braun told Council the estimated cost of the . States form I VanValkenburg of€ered the following RESOLUTION FOR AGlGEbENT FOR REVISION OF TRAFFIC CONTROL SIGNALS AT W.5OTH ST. AND T.H. HIGHHAY NO. 100 BE IT RESOLVED that the Village of Edina enter into an agreement with the State To revise the existing traffic control signal on Trunk Highway No. 100 (Normandale Road) at its intersection with Vest 50th Street (Hunicipal State-Aid Street No. 141) in accordance with the terms and conditions set forth and contained in Agreement No. 54202, a copy of which was before the Council.. of Winnesota, Department of Highways for the following purposes, to-wit : BE.IT FURTHER RESOLVED that the I4ayor and Clerk be and they hereby are authorized to execute such agreement, and thereby assume €or and on behalf of the Village all of the contractual obligations contained therein. .. .: .. "NO LEFT TURN" SIGNALS TO REHAIN ON HIGHWAY 100 AT EDEN AVENUE. discussion on the re-signalization of the W.50th St.-T.H. LOO Intersection, Mr. R.P. As a part of his Braun, Deputy District Engineer for the klinnesota Highway Department, informed Council that although this re-signalization will allow operation of the Eastbound No. 169 to Northbound 100 Left Turns as. a separate phase during peak hours, and removal of the 'lNo Left Turn" signs inplace on the easterly approach of 50th Street, the Vo Left Turns" signs at Eden Avenue should remain until the proposed improvement of T.H. 100 is completed--which should be several years. Council reviewed a report by Police Chief Wape Bennett, recommending that these signs remain and in force for the full period of the day. VanValkenburg's motion, that the Edina Village Council support the State Highway Department's determination for use of "No Left Turn1' signa on T.H. 100 at Eden Avenue, to continue until proposed improvement of T.H. 100 is completed, was seconded by Rixe , and carried unanimously, with blaci4illan, Rixe , VanValkenburg and Bredesen Voting aye. 127 6/1/64 . COUNCIL HEARING ON PETITLOM FOR REZONING OF SE CORNER GI.70TH ST, AND CAHILL RD. CONTINUED TO JULY 20, FOR REPORT BY PLANNING COMMISSION ON PROPOSAL FOK SHOPPIXG AREA. Public Hearing was conducted on the Petition of The Stow Company, -- I - 4924 France Avenue South, for the Rezoning from Open Development District to COI4MUWITY STORE DISTRICT of the following described property : "All that part of the North 14 rods of the West 20 rods of that part of the Northeast l/4 of the Northeast 1/4 of Section 8, Township 116, Range 21, lying southerly of County Road 28"; this being the property at tne Southeast corner of G7,70th Street and Cahill Road; and the purpose of the proposed Rezoning being to permit erection and operation of a gasoline filling station on this tract. &Ira George Hite reviewed for the Council the land use of the area surrounding this tract under consideration, has reviewed the Stow proposal over the past months, and has recommended that the petition be denied on the basis that the Commission is currently developing a proposal on road alignment and land use in this area and the Stow proposal conflicts with this plan in that it pro o es. on the Commission's plan, is listed for 3-3 family use--that the purpose of the Commission's proposed road re-alignment is to permit commercial develop- ment which would not encroach on residential properties. Mayor Bredesen pointed out that the proposed new alignment has not been unanimously accepted by the Planning Commission, nor by one member of the Council. Attorney Josiah Brill, representing The Stow Company, told Council he feels ih, Hite's presentation is reasonably accurate, but that it is not strictly correct that the Commission has recommended _denial--that they have simpiy said that inasmuch as The Stow& mpany is bringing this mat?ter to a head, if the Council feels it has to act9,then there should be denial. spokesman for the residents in this area, objected, on behalf of himself and the 'other residents, on the grounds that zoning this tract for a gasoline service station would be "spot zoning"; that this does not conform to the zoning of the area, which is strictly residential. Saying he understands a "conditional use permit" is needed for use of the land as gasoline station site, Mr, Hendrickson said he and his neighbors would object to such a permit; that they feel a gasoline station is a highly objectionable use because of the noise, and the bright lightq, both of which would interfere with the tranquility of the neighborhood at night ; because the corner of W'. 70th Street e and Cahill Road already has traffic too heavy for it and gasoline stations attract traffic; and because of danger from large volume of flammable materials and oily refuse. About 20 persons in the audience stood to show their agreement with I4r. Hendrickson. Mrs. E. J. Schmelz, 5416 W.70th Street, told Council the reason she purchased her property was because she had been told at the Village Hall that this area would be developed residentially; that she objects to having a gas station, with "hot rodders revving up their motors, and all the mess one gets with a service station". Mr. Eleanor Amundson, 7017 Cahill Road, expressed surprise that people build in the area without knowing that there is commercial there. Mr. Brill reminded Council that Stow Company had submitted petition in favor of the project, signed by some 58 people. showing the ownership of the properties represented by petitioners--of which, Mr. Bredesen estimated, only four or five were within 500 feet of the property under consideration for rezoning-explaining to Council that the proposal for which the petition was signed is not the one under consideration tonight--that the original proposal contained other buildings besides a gas station. TRUSTEE TUPA:entered the meeting at this time and was present for the balance of the meeting. Mr, E. C. Stow told Council it is true that Stow Company had presented a different drawing and petition before-that the Company wants to develop a commercial center at this location; that it has not abandoned the plan on the grocery store or shopping center, but has been unable to get any action from the Planning Commission on them ; that, after he-had followed the recommendations of fib?. Hite and had Midwest Planning Company draw up a plan for development, Nidwest Planning then drew a different land use plan for the area for the Village. you do with this corner?" the School District had had the property for sale for some time, without a purchase offer, before he bought it; that he has a contract with Mrs. Amundson for her tract, and that his plan for a neighborhood commercial center--beauty parlor, drug store, grocery store and gasoline station will hurt nobody and be an asset to the community; that people should not have to travel miles to obtain these services. Manager Hyde reminded Council and audience that in the case of two other sites, which were rezoned on petition by Mr, Stow, correlated plans were not carried out; that on W,70th Street and France Avenue the proposal €or a small neighborhood store to be built at the same time as the gasoline filling station has not materialized, and the Village has received several inquiries on this property for other filling stations; and that at 49-1/2 St; and France Avenue, the apartment building to go North of the filling station is still just a plan, He explained that the Village Planning Commission ommercial use of property which, ?$it %e Mr. Norman Hendrickson, 6913 Limerick Lane, who identified himself as the Planning Director Hite presented a map, Asking, "What can Who will build a home on it?", Mr. Stow told Council . 6/1/64 Village has had to serve notice on petitioner Stow to clean up the lot, because of complaints of the neighbors. Mr. Stow answered by stating that when he presented his petition for rezoning the corner of W.70th St. and France Avenue, the Lake Cornelia area residents were misinformed by somebody as to his intentions; and there was a large hearing at which these people protested the proposed filling station--but that , later , when they found that the north side of France had been rezoned, they withdrew their objections and epologized to him. Council two old homes, a traffic hazard,Lhad been replaced by the filling station-- and that insofar as the correlated apartment is concerned, it will be constructed. that in this case Nr. Stow's idea of having a convenient shopping center for the neighborhood does make sense, but that unfortunately this is not what the Council has under consideration; that it is considering just one facility--a gasoline station; that if a plan for a neighborhood shopping uenter were submitted to the Elanning CommisAion and approved by the Commission the situation would be different--but that this proposal is for spot zoning, September, 1962; and that from that time until January of this year the Planning Commission could not make up its mind what to do. He added that this should have been more than sufficient time for the Commission to give an answer--and that if the . overall plan were re-submitted, there wozlld be no more assurance of action by the Commission than there had been before. Mr. Leonard Fellman, 6108 Limerick Lane, told Council he had submitted plans €or a drug store in the area back in 1958 or 1959; that he would like to see a drug store in this area; that under the present circumstances Hr. Stow has no choice but rezoning. i4r. Brill asked that those in favor of the gas station rezoning stand, and some six people stood. Saying that the Council can now deny the petition and simply wait to see what will happen as the result of the denial, Mr. Bredesen said he does agree with what both 24r. Stow and Ish?. Brill have said about the advantages of a neighborhood shopping center, and would like this plan to go back to the CommisBion for further study. time limit, the bIayor said he feels a report should be back to the Council by the first meeting in July, but Hr. Hite said he feels the Comission could not be ready with a report before the second Jdly Council Neeting. Ih. Stow was asked by his attorney,' Ur. Brill, and the Village Attorney, as to his wishes relative to the shopping center petition, and he agreed that this could be re-instated for consideration by the Commission but that he also wants the present gas station petition to stand; in other words, wants consideration of both proposals. VanValkenburg's motion, that Council continde Public Hearing on'Petition for Rezoning to Meeting of July 20, with the request and expectation that Planning Commission will re-examine the original petition for development and report therein, in order that Council will have before it a proposal which does not constitute spot zoning, was seconded by Rixe and carried. As.to the 49-1/2St. and France filling station, Mr. Stow told Mayor Bredesen told audience that while he and Mr. Stow seldom agree, he believes I Wr. Brill protested that Stow Company had presented an over-all plan in Asked by. idr. Brill if he would care to instruct the Commission as to a definite FRONT YARD SETBACK VARIANCE APPROVED FOR 4833 VALLEY V1EI.I ROAD. conducted on the petition of I&. Ralph W. Corey for a variance from front yard setback requirements, permitting him to-construct an attached gaqage about nine feet into the required front yard setback. Planning Difiector Hite presented Affidavit of Mailing of Notice of Hearing, telling Council idr. Corey has the coneent of the owners of adjacent properties. There were no objections at the Hearing, and none had been received prior thereto, and VanValkenburg moved that requested variance be granted. Public Hearing was Motion seconded by Tupa and carried. PROPOSED "COI4iERCIAL" AHENDNENT TO ZONING ORDINANCE TO HAVE PUBLIC HEARING AT NEXT MEETING. relative th the proposed l'Commercialll Amendment to the Zoning Ordinance, under discussdon for the past several meetings. file and, pursuant thereto, Public Hearing was called. Council said they would like to study this final draft more thoroughly, and fixe moved that Public Hearing be continued to Monday, June 15. Hotion seconded by VanValkenburg and carried. Clerk presented Affidavits of Publication of "Notice of Public Hearing" * Affidavit was approved as to form and ordered placed on However, several members of the COUNCIL VACATES W.65TH STREET BETHEEN WEST LINE OF WARREN AVENUE AND WEST LINE OF "NORMANDALE SECOND ADDITION" SUBJECT TO UTILITIES EASEt4ENTS. of Publication in Edina-14orningside Courier, and of Posting and Idailing of "Notice of Clerk presented Affidavits Hearing" on the petition of Mr. J.D. Newell and others for-the Vacation of that part of t7.65th Street lying between the Vest line of Warren Avenue and the West line of "Normandale Second Addition". on file, and pursuant thereto Mayor Bredesen called the Public Hearing. States Power Company's request for easement for its overhead electric distribution facilities; and Village Engineer Hits request for easement for Village Storm Sewer were noted by Council. Petitioner Newell told Council the basic idea of his petition was to relieve the traffic situtation, and Mr. Hite told Council the newly developing Jensen property directly to the Hest will have no need for the street. There were no Affidavits were approved as to form and ordered placed Northern 6/1/64 129 objections to the proposed Vacation registered at the Heaithg, and one had been received prior thereto, and VanValkenburg offered the following Resolution and moves its adoption: Y RESOLUTJON VACATING STREET THAT PARTiOF W.65TH STREET LYING BETWEEiJ THE WEST LINE OF WARREN AVENUE AND THE WEST LINE -- OF llNORtJIANDALE SECOND ADDITION'! -- WHEREAS, two weeks' published notice and posted notice of a hearing to be had on June 1, 1964, at 7:OO P.M., on the petition of John D. Newell, 6434 Warren Ave., and others, for the Vacation of that part of W.65th Street lying between the West line of Warren Avenue and the West line of "Normandale Second Addition" has been given and made, and a hearing has been had thereon by the Village Council: Hennepin County, Minnesota, that the following street is hereby Vacated: NO\?, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, THAT PART OF "W.65TH STREET" LYIMG BETMEEN THE %EST LIAE OF WARREN AVENUE AND THE WEST LINE OF "NORMAI?DALE SECOND ADDITION", as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there ( (VanValkenburg then moved that the Village Clerk be directed to d'elay transmittal of (this foregoing Resolution Vacating Street until such time as the Village receives the (requested Easement for Storm Sewer and Northern States Power Company notifies the (Village it is in receipt of its requested Easement. carried . I4otion seconded by Tupa and COUNCIL ORDERS IN SHORTENED STORPf SEWER IHPROVENENT AFTER COiJTINUED PUBLIC HEARING: NEW METHOD OF ASSESSMENT DISCUSSED. proposed construction of a Village Storm Sewer Improvement and Appurtenances .in the following described location, this Hearing being a Continuation of a Hearing held by the Council May 4, 1964: Mayor Bredesen called Public Hearing on the "In West 66th St. from Tingdale Ave. to Naomi Dr.; th. NWly to a pt. in Lot 1, B1. 20, Normandale 2nd Addn., said pt. being 25 ft. E. of'the W. line of said lot and 10 Ft. N. of the S. line of said Lot 1, B1. 20, Normandale 2nd Addn.; th. NNly to 10 Ft. S. of the Centerline of t7.65th St. vacated and Warren Ave. ; th. Illy parallel to and 10 Ft. S. of the Centerline of vacated TJ.65th St. a dist. of 211 Ft.; th. SWly to a pt. on Ridge View Dr., said pt. .being 10 Ft. W. of the centerline of Ridge View Dr. 525 Ft. W. of the Centerline of Warren Ave.; th. SEly parallel , to and LO Ft. W. of the Centerline of Ridge View Dr. a dist. of 55 Ft'.; 'th. Wly to a pt. on the W. right-of-way line of the Minneapolis, North- field and Southern Railroad, said pt. being 300 Ft. N. of the Centerline of W.66th St. extended; th. SWly to the intersection of proposed Limerick Lane and Creek Dr.; th. Wly parallel to and 10 Ft. S. of the cneterline of Creek Dr. a distance of 30 Ft.; th. SWly to Nine Mile Creek; and "Beginning at a pt. 10 Ft, S. of the Centerline of V.66th St. and 180 Ft. E. of the Centerline of Naomi-Dr.; th. Sly to the SE Cor. of Lot 6, Bl. 1, Brookview Hts. First Addn.; th. Ely along the N. line of Lots 11 and 12, B1. 1, Brookview Hts. First Addn. a dist. of 280 ft., more or less; and "Ridge View Drive from W.64th St.. to 780 Ft. South". Manager Hyde *old audience that at the original Hearing the suggestion had been made that the Engineers meet with the neighbors relative to the proposed improvement and the costs therefor; that the meeting has been held, and that Mr. Hite is ready with COS?^ estimates. Engineer Hite reported that the improvement under consideration tonight is the same improvement considered Hay 4; that all of the area within the proposed assessment district drains to Nine Mile Creek; that, at the last Hearing, the proposal for a uniform estimated assessment of $.03283 had been made for all the area except that which drains, first, toward a small pond at Circle Drive, with a $.01 assessment against that property; that this is the generally accepted method of making storm sewer assessments, and that the reason for the two different amounts is that the area around the pond would not be using the line at the time the balance of the area is using it--that this water would be stored in the pond ahd only the overflow would drain to pipe. donsideration of the feasibility of the project as a whole, and the need of the project in the different areas the following alternate basis of assessment is herewith presented, with the recommendation that before the project is completed the engineers work further with the property owners toward equitable means of assessment': Mr. Hite said that, as the result of the neighborhood meeting, the 6/1/64 The method recommended by IJlr. Hite at this Hearing, as one method of for the.improvement was that of the "fair share of pipe oversizing"-plus assessment area cost - of lateral and appurtenances method, For this method, the large drainage area was divided into five lllaiteralll areas, all of which together constituted the area proposed to be assessed for the oversizing of the pipe, with the charge to be assessed on a sliding scale in inverse order to the proximity of the area to the termination of the line at iJine-l4ile Creek.= The way the method was explained by Mr. Hite, the "Yellow" area, which comprises the Eastern part of the Jensen tract and is closest to Nine-Nile Creek, will pay an Estimated Assessment of* $.04117 per Square Foot for its Storm Sewer, which is the Estimated Cost of a 2411 CanduckonLbiqe (plas.lS-?Lateral) whereas; the condubtoy:line:is actually 42" in diameter in this area. ment to the "Yellow" area represents the estimated minimum amtiat whfch the Yellow area can be drained. The difference between this minimum cost and the total cost of the conductor line would be assessed against the other four areas at $.006497 per Square Foot , The "Blue" area, just to the East of the Yellow area, would pay $.02155 for the minimum cost of a lateral pipe to serve this Blue area, plus its share $.006497 for the oversizing of the pipe in the Yellow area, for a total Estimated Cost to the Blue area of $.028047 per Square Foot. The cost of oversizing the lrBLuell area pipe would be assessed against, Red, Orange and White areas at $.008957 per Square Foot. Park, would pay a Total Estimated Assessment of s.02954 per Square Foot, representing $.01414 minimum cost, plus s.008957 for oversizing in the Blue area and $.006497 for oversizing in the yellow area, with $.003191 oversizing to be assessed against orange and Drive, otherwise known as the 66th St. and Naomi Drive area, would be assessed an estimatedtoal of $,037995, being $.01935 minimum, plus $.003191 for oversized Red, s.008957 for oversized Blue, and $.006497 for oversized Yellow pipe, leaving $.001019 for White the area now draining into the pond just north of Circle Drive, would pay an Estimated -Cost of $.027816 per Square Foot,' being $.000&152 for pipe from pond to approx. W.66th St. just East of Naomi Drive, plus $.001019 for oversizing in Orange area; $.'bo3191 for oversizing in Red area; $.008957 for oversizing, Blue area; and $.006497 for oversizing in Yellow area. Council it is exactly the same improvement considered at the l4ay 4th ldeeting, except that the line on 17.66th Street from just East of Naomi Drive to the top of the hill has been eliminated because there is no need at this time. He pointed out that the White'1 area should possible have some furth.er consideration, inasmuch as they will make different use of 'the line than the balance of the drainage area, 'in that they are at this time able to store water in 'the pond anti1 after storm; that the Blue and Red areas fe61 they have no problem, now, and should not pay the same as the areas where there is a problem:-but that all five areas will' uktimately drain to Nine-I.li1e Creek and that the cost to any one of the small areas to drain it separately would be greater than the cost to drain it with the others. Hyde for their courtesy and 'the time spent in considering this improvement, called attention to the doubling of the proposed assessment for the r'White'l area, saying he doesn't want to speak for this group and then be in the embarrassing position of having their assessments doubled. areas) told Council he has lived in Edina 'for 14 years, and the Circle Drive pond has never flboded; that he has gone back in history over 70 years,'and it has not flooded in that t'ime. He added that inso€ar as he knows, Lots 1, 2 and 3, Block 1, Brbokview Heights First Addition are the only ones in the area that have had' any trouble, and wonders why the area to the East should- be assessed at all. he thinks he contributes any water at' all to the Lots 1,' 2 and 3, and Mr. Hauser replied that some water from his lot travels in this direction--bug he asked to go on record as requesting Mr. Hite to make a re-survey of the topography of his property; that Llr. Hite shows some 75 feet of his land draining toward 66th street, whereas he believes it is only about fifteen feet. the ducks are looking for water". Mr. Hire replied to Hr. Hauser's question relative to the draining of the pond by explaining that the properties around the pond are tremendously large tracts; that the Village knows that while thme are now deed restrictions against developing, it also knows that these restrictions will not last forever and that the land will be developed some day--that upon development the rate of runoff will increase, and the pond will over€low. are down. storm sewer, but that the area would "really pay" when it became necessary to drain the pond, because it would then be the only area assessable for a line from'the podd to the Creek. the pond wait until property is developed. Mr. H. I. Kenney, owner of property immediately adjacent to Lots 1, 2 and 3,Block I, Brookview Heights Addition, most of whose tract is in the "orange'* area, protested that the water from this area does not drain into Lots I, 2 and 3 because there is a barricade at the back of these lots. \ The $. 04117 assess- I The "Red1' area, lying East- of Warren Avenue, and North of the knoll in Nomandale The "orange" area, South of the knoll in Normandale Park, and North of Danens ( white ( areas The area, which is the farthest from the termination of the storm sewer, and (area. Saying that this is a most complicated way to* assess, a storm sewer, Mr. Hite told 'I fiir. J. D. Newell, \*lamen Avenue, and Mr. Dick Grant both' thanked tle'ssrs. Hite and ilr. Grant Hr. Joe Hauser, 5045 G7.66th Street (whose property lies in both "orange" and %hitecc 1-iayor Bredesen asked if 1.k. Hauser inquired as to "why we have to dkain our pond when I He added that this is a bad year to propose storm sewers, because lake levels tSr. Hite told t4r. Hauser that this area could be left without provision for Hr. Hauser suggested that the lateral portion of the storm sewer to drain 6/1/64 Nr. Hite told Mr. Kenney khat if the improvement is authorized, these 2 3 topographies. will be checked before the assessment hearing; also, one thing to be considered is the elimination of the lateral from the pond to approximately 66th Street at this time--which will lessen the assessment some. could be put in now and assessed against those properties yhich contribute water to the system, with the lateral portions of the improvement to wait until later. pond, there are two other problems, one being the flooding of the street at 66th Street and Naomi Drive. of 66th St. and Naomi Drive, taken, he stated, at a time when Lots 1, 2 and 3 were dry, He added that the flooding problem is out in the street and not in the back yards. A gentbeman from the r%edtr area told the Council that the 66th St,-Iiaomi Drive problem has nothing at all to do with the yellow, red or blue areas; that the water could not possibly get from these areas to 66th St. and Naomi Drive because there is a "hogback" between these areas. cost of draining their own areas, not the orange or white areas. water problem at his corner; that there is a river of water running down 66th Street after every rain; that there is definitely a need to sblve the problem in this area. PIr. Hauser suggested that the lateral for the white area bk completely eliminated, saying that if the teopography is rechecked, he will be glad to pay his share for the water running from his property down W.66th Street (this being the orange area). for the oversizing of the pipe, even though the lateral 'to drain the pond be eliminated at this time, and there were no objections raised to this suggestion. It was*suggested that the improvement terminate at the low point between Lots 1 and 2, Block 1, Brookview Heights First Addition. i Mrs. Jean Duryea, 6424 Rolf Avq:, inquired as to whether the "oversized" pipe Mr. Hite replied that, besides the problem of the future drainage of the Mr. Bill Coleman, 6604 Naomi Drive, presented a picture of the intersection Mr. Hite explained that red, yellow -and blue areas are paying only for the Irlr, Jim bckrison, 6601 Naomi Drive, told Council there is definitely a Hr. Hite suggested that Mr. Hauser's area be required to pay its portion VanValkenburg then offered the following Resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMEldT STORM SEhTER IMPROVEMENT NO. 84 BE IT ESOLVED 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: W.66th St, from Tingdale Ave. to Naomi Drive; thence NWly to a pt. in Lot 1, B1. 20, Normadale 2nd Addn,, said pt. being 25 Ft. E. of the W. line of said lot and 10 Ft. N. of the S. line of said Lot 1, B1. 20, Normandale 2nd Addn.; th. NWly to 10 Ft, S. of the centerline of W,65th St. vacated and Warren Ave.; th. Wly parallel to and LO Ft. S. of the centerline of vacated W.65th St. a dist. of 211 Ft,; th. SWly to a pt. on Ridge View Dr. said pt. being 10 Ft. W. of the centerline of Ridge View Rd. and 525 Ft. W. of the Centerline of Warren Ave.; th. SEly parallel to and 10 Ft. W. of the centerline of Ridge View Dr, a dist. of 55 Ft.; th. SWly to a pt. on the 3. right-of-way line of the Minneapolis, idorthfield and Southern Railroad, said pt. being'300 Ft. N. of the centerline of W.66th St. extended; th. SWly to the intersection of proposed Limerick Lane and Creek Dr:; th. Wly parallel to and 10 Ft, S. of the Centerline of Creek Dr. a dist. of 30 Ft.; th. SWly to Nine Nile Creek. and Beginning at a point 10 Ft . S. of the Centerline of W.66th St. and 180' Ft. E. of the Centerline of Naomi Dr.; th. Sly to the SE Corner of Lot 6, Bl. 1, Brookview Heights First Addn.; th. Ely along the N. line of Lots 11 and 12, B1. 1, Brookview Heights First Addn. a dist. of 280 Ft., more or less; and Ridge View Dr, from W.64th St. to 780 Ft. So., 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 as follows : W.66th Street from 'a point 180 feet East of Naomi Drive to Naomi Drive; thence JWly to a pt. in Lot 1, B1. 20, Normandale 2nd Addn., said pt,.being 25 Ft. E. of the W. line of said lot and 10 Ft. N. of the S. line of said Lot 1, B1. 20, Normandale 2nd Addn,; th. NWly to 10 Ft. S. of the Centerline of W.65th St. vacated and Warren Ave.; th. Wly parallel to and 10 Ft, S. of the Centerline of vacated W.65th St. a dist.of 211 Ft.; th. SWly to a pt. on Ridge View Dr., said pt. being 10 Ft. 11. of the centerlir of Ridge View Rd, and 525 Ft. W. of the centerline of Narren Ave.; th, SEly parallel to and 10 Ft. W, of the centerline of Ridge View Dr. a dist. of 55 Ft.; th. SWly to a pt, on the W. right-of-way line of the Minneapolis, Northfield and Southern Railroad, said pt. being 300 Ft. N. of the centerline of W,66th St. extended; th, SWly to the intersection of proposed Limerick Lane and Creek Dr.; th. Wly parallel to and LO Ft. S. of the centerline of Creek Dr. a dist, of 30 Ft.; th. SWly to Nine Mile Creek: and Beginning at a pt. 10 Ft, S, of the centerline of W.66th St. and 180 Ft. E. of the centerline of Naomi Dr.; th. Sly along the E. lot lines of Lots 1 and 2, B1. 1, Brookview Hts. 1st Addn. for 140 Ft. more or less; and CONSTRUCTION OF VILLAGE STORM. SEWER MID APPURTENANCES IN : CONSTRUCTION OF VILLAGE STORM ' SEWER AND APPURTENANCES IN : that said improvement is hereby designated and shall be referaed to in all subsequent proceedings as STORiI SERER 11-PROVEMENT NO. 84, and the area to be specially assessed tlierefor shall be as follows: within the following described boundaries : easterly to a point on the centerline of W.64th St. and 80' west of the center- line of Mildred Ave.; thence easterly along the centerline of W.64th St.' to the centerline of Rolf Ave.; thence southerly along the centerline of Rolf 8ve. to the south line of Lot 3, Black 10, Normandare Second Addn. extended; thence southeasterly to a point on the centerline of Tingdale Ave., said point being 180 ' north of W.65th Street; thence southerly. to the centerline' of kl. 65th Street; thence southeasterly to the southeast corner of Lot 23, Brock 17, Normandale 2nd kddn.; thence easterly and parallel with the north line of Lot 2, Block 1, Hirsch Bros. First Addn. a distance of 55'; thence southerly and parallel to Tingdale Ave. a distance of 450' which is on the south line of Lot 11, Block 17, Normandale 2nd Addn.; thence southeasterly to the centerline of Wilryan Ave. and W.66th St.; thence easterly along the centerline of I.1.66th St. to the center line of Josephine Ave.; thence southeasterly to a point which is 230' south of the centerline of West 66th St. and 210' west of the east section line of Sec. 4, T, 116, R. 21; thence southeasterly to a point which is 730' south of th'e center line of W. 66th St. and 180' west of the east line of Sec. 4, T. 116 R. 21; thence southEesterly to a point on the east line of Lot 22, Block 1, Brookview Heights 1st Addn., said point being 25' northerly of the southeast corner of said Lot 22, Block 1, Brookview Heights 1st Addn.; thence northwesterly and parallel to Danens Drive to a point on the west line of Lot 16, Block 1, Brookview Heights 1st Addn., said point being 25' northeasterly of the south- west corner of said Lot 16, Block 1, Brookview Heights 1st Addn.; thence south- westerly to the southwest corner of Lot 16, Block 1, Brookview Heights 1st Addn.; fhence Northwesterly along the north right of way of Danens Drive to the south- best corner of Lot 7, Block 2, Brookview Heights 1st Addn.; thence northwesterly to a point on the west line of Lot 8, Block 2, Brookview Heights 1st Addn., said point being 20' south of the nobthwest corner of said Lot 8, Block 2, Brookview Heights 1st Addn.; thence northwesterly to a point on the east line of Lot 4, Block 3, Brookview Heights 1st Addn., said point being 90' southerly of the northeast corner of said Lot Y, Block 3, Brookview Heights 1st Addn.; thence northwesterly to a point on the north line of Lot 4, Block 3, Brookview Heights 1st Addn., said point being 40' west of the northeast corner of said Lot 4, Block 3, Brookview Heights 1st Addn.; thence parallel and 40' west of the west right of way line of 'Warren Ave. to the north line of Lot 2, Block 3, Brookview Heights 1st Ad'dn.; thence northwesterly to a point on the north line of Lot 1, Block 3, Brookview Heights 1st Addn., said' point bezng 70' east of the northwest corner of said Lot 1, Block 3', Brookview Heights 1st Addn.; thence'northwesterly to a poht on the south line of Lot 12 ,' Block 21, Hormandale Secon'd Ad&. , said point being 100' west of the southeast corner thereof; thence westerly along the north right of way line of 17.66th St. to the west right of way line of Ridge View' Drive; thence southerly along said west right of way line of Ridge View Drive to the nobtheast corner of Lot 1, Block 8, Brookview heights 1st Addn.; thence westerly to the northwest corner of Lot 1, Block 8, Brookview 'Heights 1st Addn.; thence westerly along center of section line of Sec. 5, T. 116, R. 21 to the west right of way line of I-linneapolis, Northfield and Southern KBilroad; thence westerly along the center of section lhe of Sec. 5, T. 116, R. 21, a distance of 150'; thence northerly and northwesterly parallel to *and 45' east of the east right of way line of proposed Limerick Drive a distance of 205'; thence southwesteray to a point which is 75' south of the Center line of proposed Creek Drive and 88' west of the cente5 line of proposed Limerick Drive; thence westerly and northwesterly parallel to and 45' from the south-and west right of way line of'proposed Creek Drive to a point radial to and 45' south of thesouth right of way line of W.65th St.; thence northeasterly parallel to and 45' southerly of the south right of iiay line of proposed W. 65th St. to the east right of way line of the LlinneapoLis, Northfield and Southern Railroad te-a-~e~~~-wk~ek-~s-~~e~thence northwesterly and northerly along the east right of way line of the Eiinneapolis, Northfield and Southern Railroad to a point which is 150' north of the north right of way line of Whiting Ave.; thence north- easterly t6 the center line of Valley View Road and Wyman Ave.; thence easterly to the point of beginning .I1 All lots and tracts of land "Commencing at the centerline of iI.63rd Street and Warren Ave. ; thence south- I * C. 'itjotion for adoption of the Resolution was seconaed by Tupa, and on Rollcall there were five ayes and no nays, as follows: VanValkenburg, aye; and Bredesen, aye; I Mayor 6/1/64 I33 a 0 .$ u u I' COUNCIL ORDERS IN STEET IMPROVEMENT FOR W.6OTH STREET BETWEEN FRANCE AND XERXES ' AVENUES. Hearing, which affidavits were approved as to form and ordered placed on file. Publication was May 21 and 28, 1964 in the Edina-Morningside Courier. reported that it is proposed to do this work using the Village share of State Gasoline Tax Funds, the cost as Estimated for Portland Cement Concrete Paving with Integral Curb being a total of some $117,650.96, with property owners being assessed at the rate of $5.00 a front foot--which will total $9,602.56--and gasoline tax moneys paying the balance. frontage, and the lots facing.cross streets will pay 1/3 of the side lot length Mr. A. B. Duellman, 3815 W. 60th Street, told Council that 67% of the people have signed a petition favoring Blacktop Surfacing, It was noted that petitions signed by some 31 residents stated a preference for Blacktop Surface; that a petition signed by some 33 residents had the preference for Blacktop Surface scratched off. trees on Ewing Avenue will have to come out. Mr. Hite replied that the trees will be saved if possible; that there is one place on the street where a choice must be made between a large maple on one side, and other trees on the other side of the street, but that everything possible will be done to save as many trees as can possibly be saved Mr. Bob Patterson, 3201 W. 60th Street, protested that W.6Oth St. between Xerxes and Abbott Avenues is already an improved street; that he does not care to see a wider street built; that he feels the oiled portion of the street could be improved if the residents want this. He objected to moving the roadway back into his lot by six feet. cross streets between W.50th Street and the Crosstown Highway; that 'iJ.60th Street in Minneapolis is 40 feet. 14r. Wayne Ellingwood, 3205 W.6Oth Street, said he feels that this proposal is not an improvement; that it will reduce his lawn by six feet; that it cost him money for a street he has already paid for. He was informed that the $1.78 per foot paid as an assessment for the blacktopping between Abbott and Xerxes will be credited against the present assessment for those properties paying the original $1.78. Idr. Ellingwood asked about the power poles, and vas told that it is not contemplated that they will have to be moved at the east end of the project, although there may be some moving necessary at the west end, to just inside the curb line. this preserves the residential character of the street, whereas the portland cement concrete will "commercialize" it . Engineer Hite suggested that the Village take the base bid on Asphalt Concrete Paving, with an alternate on Portland Cement Concrete Paving; and that if the PCC is competitive we so notify property owners before making award of bids, owners agreed that this would be fair. allowed to make another plea for the large trees, and Nr. Hite stated once again that he was afraid that in one spot along the street trees on either one side or the other would have to come out--that they could not both be saved at this particular spot--but that for the balance of the sfxeet he believes the trees can be saved. On the basis that the Village will take alternate bids on Asphalt and PCC Surfacing and notify property owners before making award should PCC be competitive, Macl4illan offered the following Resolution and moved its adoption: Clerk presented Affidavits of Publication and Nailing of Notice of Public Manager Hyde The lots facing W.6Oth Street will pay their full Mr. Duellman also reported that the stakes put up show two beautiful oak Mr. Hite said that W.54th and W.6Oth Streets are the two most impoptant 14r. Duellman and another man both spoke in favor of blacktop surface, saying Property Mr. Hanson, at the corner of W.6Oth St. and Ewing Avenue, asked that he be RESOLUTION ORDERING 114PROVEi4ENT STREET IMPROVEMENT NO. 1964-11 BE IT ESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of affected properties on the following proposed improvement: CONSTRUCTION OF PERMANENT STREET SURFACING AND PORTLAND CEMENT CONCRETE CUR23 AID GUTTER IN West 60th St. from France Ave. to Xerxes Ave. 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; designating the improvement, temporarily, until the type of permanent street surfacing which will be constructed shall have been determined by the Council, as STREET IMPROVEMENT NO. 1964-11, said temporary designation to be superceded by a permanent designation at such time as said street surfacing type is determined; and the area to be specially assessed for the cost of said proposed improvement shall include all lots and tracts of'land abutting the street proposed to be improved. Motion for adoption of Resolution, and on Rollcall there were five ayes and no nays, as follows : /was seconded by Tupa, l.IacMillan, aye ; Rixe , aye ; Tupa, ay-nvalkenburg , aye ; Bredesen , aye ; $34 6/1/64 SANITARY SEkTER II.IPROVEI4ENT FOR NILLPOND PLACE APPROVED : WATERNAIN ABANDONED. presented Affidavizs of Publication in Edina-Morningside Courier May 21 and 28, 1964 and.of I4ailing to owners of affected properties "Notice of Public Hearings on Sanitary Sewer, Watermain, Permanent Street Surfacing and Concrete Curb and Gutter!'., which affidavits were approved as to form and ordered placed on file; and, pursuant to said Notice, Public Hearings were conducted on the following proposed improvements: . from Westbrook Lane to Railroad Right-of-Way. proposedto be assessed against Lots 7, 8 and 9, Block 2, and Lots 3, 4, 5 and 6, Block 3, Tingdale Bros. Brookside, at $740.91 per Connection; and .Westbrook Lane to Railroad Right-of-Way. to be assessed against the above named lots at $695.58 per Connection., Engineer Hite explained that in accordance with its present policy of proposing both improvements to save double street surfacing cost, the Village has proposed the watermain improvement with the petitioned sanitary sewer improvement. Mr. Dick Yaeckel, owner of Lot 5, asked that the Watermain Improvement be deleted from the proposal, and that the sanitary sewer line be shortened. Nr. Hite explained that the sewer will not go to the railroad tracks but will be constructed to serve Lots 5 and 6, Block 3. no requests for same. Motion seconded by Rixe and carried, Clerk c A. CONSTRUCTION OF VILLAGE SANITARY SEHER AND APPURTENANCES in 14illpond Place Estimated Cost was given as $4,445.47, B. CONSTRUCTION OF VILLAGE WATERbIAIN AND APPURTENANCES in Millpond. Place from Estimated Cost given ,as $4,174.69, proposed I . No one present spoke for the proposed watermain improvement, and there had been VanValkenburg moved that the proposed Watermain Improvement be abandoned. VanValkenburg then offered the following Resolution and moved its adoption: ' RESOLUTION ORDERING ILlPROVE t*EIUT SANITARY SEWER IMPROVEMENT. NO. 224 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and to be mailed to owners of afected properties on the following proposed improvement: CONSTRUCTION OF VILLAGE SANITARY SEk7ER AND APPURTENANCES in Millpond Place from Westbrook Lane to Railroad Right-of-way 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 VILLAGE SANITARY SEVER AND APPURTENANCES in Millpond Place from Vestbrook Lane-Centerline, westerly 310 Feet, more-or less that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER IHPROVEMENT NO. 224; and the area to be specially assessed therefor shall include Lots 7, 8 and 9, Block 2, and Lots 3, 4 and 5, and 6, Block 3, Tingdale Bros. Brookside. xe, and on Rollcall there kenburg, aye; and Bredesen, aye; and th UTILITIES EASEMENT FOR GLEASON FIRST ADDITION TO BE RETURNED. Engineering Company for return of utilities easement to owner, over South Seven Feet the Village no longer needs this easement and it should be returned. motion authorizing execution of quit.claim deed for this easement was seconded by MadSillan and carried. Request of Lindsey b of Lots 6 and 7, Block 1, Gleason First Addition, was read; and Engineer Hite reported VanValkenburg's KLNNESOTA MUNICIPAL COMMISSION ' S ORDER ANNEXTING PART OF TROLLEY LINE ADDITION REVIEUED. Council reviewed and ordered placed on file the Minnesota 1-Iunicipal Commission ' s Il.ay 25, 1964 Order, detaching from the City of Hopkins and annexing to the Village of Edina the following described property : "All that part of Trolley Line Addition lying North of the South line of Section 19, Town- ship 117, Range 21, except that part thereof lying and being in Outlot 1 of said Trolley Line Addition, all according to the recorded plat thereof .I1 FINAL PLAT OF WASSIN'S REPLAT" APPROVED. has not had the opportunity to re-consider this as directed by Council at its last tdr. Hite reported the Planning Commisiion . meeting, but that Mr. Peterson had asked that it be placed back on the agenda. E-layor Bredesen told Council Mr. Peterson had called him relative to the plat's being on the agenda this evening; and VanValkenburg moved that Final Plat be apprvoed. seconded by Tupa and carried. 14otion 6/1/64 HENNEPIN COUNTY LEJSGUE'S SPECIAL ZGETING OF JUNE 4,SUBJECT "NEW COUNTY BUILDI&'8 5 was announce1 d, with invitation to Uayor and Council to attend. Ii4PROVEMENT PETITIONS ACCEPTED , Petitions and referring them to the Village Engineer for programming, was seconded Tupa' s motion, accepting the following Improvement ) by Iilacl4illan and carried: 1. SANITARY SEWER, WATERHAIN, PERMANENT STREET SURFACE E CURB - Benton Ave. 2. PERMANENT SURFACE AND CURB - York Ave. from Heritage Dr, to about W.65th 3, from Crescent Drive to Hansen Road. Street, and W.64th.Street from York Ave. to Xerxes Ave. OILING - W.63rd St,, Vilryan Ave. to Warren Ave. - W.65th St , , Wilryan Ave. to Tingdale Ave. - Benton Ave,, Eastview Dr. to Tingdale Ave. - Hankerson Ave., N.52nd St. to Interlachen Blvd. - Code Ave., Benton Ave. to Grove St, - Division St., Oxford to Vandervork, and Vandervorlc to Cleveland - Griffit St., Maloney Ave. to Belmore Lane. Belmore La, - Jefferson Ave,, Belmore Lane to Spruce Rd. ; Spruce Rd./for 1/2 B1. each side of Jefferson , - Benton Ave., Code Ave, to Tingdale Ave. - Belmore Lane, Blake Rd. to Golf Course. . bIDS AUTHORIZED FOR ONE SURVEY UNIT. units will shortly need some extensive overhauling; that it has had high maintenance t4anager Hyde reported that one of the survey costs constantly since it was purchased. replacement, and Tupa so moved. He asked authority to take bids for a 33 30 Motion seconded by Rixe and carried. ' LIBRARY REPORT RECEIVED AND ORDERED PLACED ON FILE. MINNESOTA: A SURVEY, WITH RECOMMENDATIONS", by Harold Goldstein, Professor, Graduate School of Library Science, University of Illinois, dated May, 1964, was received by the Council with some lack of enthusiasm, and ordered placed on file , "LIBRARY SERVICE FOR EDINA, d % V u llSTORI~I SEWER ASSESSMENTS ON PEARCE LAND" was the title of a report dated June 1,1964, signed by Village Manager Hyde, setting forth in detail matters pertaining to the assessments-levied for Storm Sewer against the property owned by the Pearce sisters. Mr, Hyde reported that a meeting had been held this afternoon at the Village Hall, with Village personnel, the Misses Pearce, Mr. A. H. Godward, and the Pearces' attorney, Mr, Daubney, at which time this report had bean studied and discussed; that Mr. Daubney wants to study the report further, and will call the Village attorneys for any further information he may want, Mr. Hyde said that, briefly, the County storm sewer facility is there, is available and will handle the volume contracted for and for which we paid--that he believes the whole thing,was about the County's not being able to serve the Pearce land was a misunderstanding. Keport reviewed by Council and ordered placed on file. SEVERAL TRAFFIC SIGNALS TRANSFERRED TO HENNEPIN COUNTY FOR MAINTENANCE: Council reviewed and discussed Manager Hyde's recommendation of Hay 26th for the transfer to the County by the.Village of all Traffic Control Signals on County Highways, so that the County may assume the nesponsibility and cost of maintenance and replacement, with the Village furnishing the electric power. Mr. Hyde informed Council he believes the cost of maintenance will be much less than it is now, with each municipality maintaining its own. assurance that the County will give goodmaintenance service, Mr. Hyde replied that it is to the County's interest to keep its signals in good repair, and he feels they will do so. its adoption: Asked by Mr. MacHillan if we have any VanValkenburg offered the following Resolution and moved RESOLUTION FOR TRANSFER OF TRAFFIC SIGNALS TO HENNEPIN COUNTY WHEREAS, Hennepin County Highway Department has, on February 11, 1963, adopted a policy for the installation and maintenance of traffic control signals on county highways, and WHEREAS, the Village of Edina has been maintaining five traffic control signals on county highways: MOW, THEREFORE, BE IT RESOLVED, that the Village of Edina request the Hennepin County Highway Department to assume all maintenance of traffic control signals on County Highways within the Village of Edina, and Department the signal equipment property, and grants access rights required for the maintenance, replacement, reconstruction and re-design of signal installations at the following locations: BE IT FURTHER &SOLVED, that the Village conveys to the County Highway 1. 2, France Avenue and W.69th Street , 3. 4. B.66th Street east of Drew Avenue. 5. France Avenue (County Highway 17) and 66th Street (County Highway 53) Intersection of Xerxes Avenue (County Highway 31) and York Avenue, with 66th Street. France Avenue at approximately \{.68th Street and 36 6/1/64 BE IT FURTHER RSSOLVED, that the Village will pay for the electric power necessary for the operation of the above signals. Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were five ayes and no nays, as follows: bIactli11~ aye; Rixe, aye; Tupa, aye; enburg, aye; and Bredesen, aye; and MAXIPWI.9 AMOUNT OF BID SET FOR BROOKVIEW HEIGHTS TAX DELINQUENT LOTS. Council of the Tax Sale to be held by the CounTy Land Commissioner on June 10, Finance Director Dalen asked for authorization to bid up to $9,817.09 €or Lots 11, 12, 13 and 19, Block 3, Brookview Heights 3rd Addition--this being the amount of the Special Assessments agahst these lots. of the Council being of the opinion that the lots could not be purchased for this price. $3,500 per lot for each of the aforementioned lots unless the Village Assessor believes the lots are not.worth this price, was seconded by Tupa and carried. Informing the I Some discussion was had by the Council, with some VanValkenburg's motion, that Finance Director be authorized to bid up to 1953 FIRST SERIES AND 1954 FIRST SERIES FUND .,SURPLUS TRANSFERRED TO PERZ4AVEI\IT IHPROVElE?IT REVOLVIXG FUND. Finance Director Dalen' s recommendation for the transfer of Fund Balances from 1953 First Series and 1954 First Series Funds to the Permanent Improvement Revolving Fund, to be used for financing small assessable projects in lieu of selling bonds, was read and discussed. Nr. Dalen told Council the collections on special assessments on the special assessments projects will in turn be credited to the PER Fund and used for further financing of small projects. Bonds for 1953 First Series Fund and 1954 First Series Fund are fully paid off; Tupa's motion, for transfer of 1953 First Series Fund Surplus of $49,281.93 and 1954 First Series Fund Surplus of $20,252.88, Total $69,534.81, to the Permanent Improvement Revolving Fund in accord with Finance Director * s recommendation was seconded by I~Iacklillan and unanimously carried. I4R. RICHARD FREDLUND, new Edina Planner, was introduced to the Council. R. H. PETERSON OBJECTS TO PLANNING COldI4ISSION'S EQUIREI*ENT FOR STORM SEI.IER AND POND STORAGE EASEbIENT, IN "CASSIM'S REPLATY requirement for pond storage and/or storm sewer easement in ltCassints Replat,"telling Council that the proposed requirement would prohibit hiin from building the development he had planned; that there would just not be sufficient land left. by Council. Mr. Roy H. Peterson protested the No action was taken CLAI1.G PAID. Rixe and carried: Tupa's motion for payment of the following Claims was seconded by General Fund General Fund No. 25695 - To Texaco, Inc. - $1,384.09 - Gasoline 140. 25697 - To Texaco, Inc. - $1,189.62 - Gasoline No. 25698 - To Wittek Golf Range Supply CO., Inc. - Clubs, etc.-Golf Course Fund General Fund, $21,416.06; $ 988.94 and tine following as per Pre-List dated June 1, 1964: Construction Fund, $11,039.02; Park, Park Construction and Swm. Pool E Golf Course Funds, $17,194.58; Waterworks Fund, $4,18&.5J.; Liquor Fund, $28,152.07; Sewer Rental Fund, $829.72; Improvement Funds, $14,561.82; Poor and PIR Funds, $111,238.70-- TOTAL, $208,616.48. There being no further business to come adjourned. Adjaurned at 10:15 P.M.