HomeMy WebLinkAbout19640914_regular9/14/64 205
i-iiiiUTES Of THE XLGUu4_R i%1LhT1i1G OF Thi,'
14
EDI* it VILIJLGE COUNCI
SEPTLIILE?, 14, 1964, AT 7:00 P.,I. , AT
THE LDIIIA VILLAGE h-tiLL
1-'011call were 'lac1lillan, Rite, Tupa, VailValkaaDur- and il)redasen.
ROBERT L. 0JZR14EYEF,, senior eiaployee in Village Ln C, ineerin�- Department, aas
coa;ratulated on his i)ecoiain6 "Senior Engineering Ta-c-finician". I'layor 31edesen
told auciianca this, and the achievements of other village employees, is notewortay
because the self-education of employees interested in their work means better
service for the citizens. L11r. Obermeyer is a fifteen-year employee.
AINUTIS of the Re-ular Meeting of Monday, August 17, 1964, aepe approved as
submittaci, i), motion Tupa, seconded by Rixe and carried.
BUDGET FOR YEAR 1965 PRESENTED BY VILLAGE HANAGER. HEARING SET FOR WEDNESDAY,
SEPTE11BER 23_2- AT 4:30 P.M. 1-tanager ilyde presented to the Council his proposed
Lud-at for tila Year 1965, reporting that in its present form it represents a
tail! rate increase of 2.5--which would utake the village levy under 30 mills and
still below that of most of the suburbs. Budget was discussed Driefly, and
'wednesday, September 23, at 4:30 P.1%1. , was set as date and time for Budget
i4eetin.Z.
M SPECIAL ASSESSMENTS LEVIED ON NUMEROUS IMPROVEMENTS. Clerk ?resented Affidavits
of Publication in Edina-Horningside Courier on August 27 and September 3, and
of i4ailinL to owners of, affected properties of "Notices of Public
on Proposed Spacial Assessments", which affidavits were approved as to form
and ordered placed on file. Pursuant to due notice given, Public J:1earin&s were
conaucted 1 and action was taken by the Council as hereinafter recorded:
1. PUBLIC hEARI.LiGS OiT PROPOSED ASSESSL-1EATS FOR TRUAI,' yIATEit!IAIi4 Ii-JPROVZIIE.11TS
k10S. 171 �htiL 175., AL Q LATERAL IATE
Ri1AI11S AOS. 172 LND 176, (IiT THE 'WEST
IlldlTErlPOLiS IGiiTS-ALiQELSSUH44 ARLA) . hearings were held concurrently on
these four proposed assessments inasmuch as the areas benefited are conti&uous.
TOTAL COST for the four projects was -given as $356,698.77, $107,82517.03
i.)ainb assesses D'la for Trunk .4ateriiiain improvements iios. 171 and 175, against 946
lots in fire assassable area, at 'L?"113.98 per lot, as coi.u.jared with $153.92 per
Lot iiaariilL Estimate, and $243,873.69 assessable against 533 '.U-ateral
S_rvic�!s (including 47 services iron Trunk Watermain Jo. 171, 13 Prow Truak
ilat�raiaiil ilio. 175, 403 in 11ateriaain ifo. 172 and 65 is iIatermiain lio. 176) at
$466.93 Lot (connection) as compared with $601.05 Irfij?roveiaeat haarir17
EstiiiLate. Objections to the taethod of assessment were made by i1r. Leo !`02?,
304 i4adison Avenue; Robert Extrand, 318 VanBuren Avenue; and Sidney A. Thoiiijsori,
425 iiarrisoa Avenue, all of wiioiii ra,_juasted the "4:,er front foot" Danis of
ass, s:�,,aaiat, ia-char tiian tiie "tier lot" basis; and by ',W. 11,"ox,,iati. Sette--o, 303
lone ro
a tiv:alaia, 1-3,10 su, Lested that EdIL:1a follow the lead of soiae of the othar
sauurbs ii la ii L c, :,art payment for the project from either the ilater:rorko
i',eveaue or tiie General Fund. Those who advocated the "from -foot" ass_,ssi!-lent
J I ja6i5 told tii,z! Council the pro,�oseCi i)asis of assessr.1-Int will main EL Of
about 'l?'12.00 x1ar foot for their 46-foot lots. !Jr. ThOLLDson advocated the
" Froilt- foot" basi3 on the opinion that property oanars are bein" &ssussea for
the cost of tiie project and it is evident that it costs otore to install two
11- �
iutlurec, fa e t of pipe than to install a hundred feet; thus lar6e lots should pay
chore than sl!idil lots. Aeraindin6 Council that the Sanitary Sewer had been assessed
on tiia ")ar front foot" basis, "Ir. Extrand told Council he believes that new
taus cannot bu aj,.)lied to old plats and that, in this case tile Council should
revert to its original method of assessments. i1r. Setter's su—Fastion was
aasi-jarad JJy iiayor Bredesea, 4-3110 pointed Out that in the iaunicioalities which
)ay -art of watermain construction from the tiaterworks ,evenue fund, the
water rates are considerabl y hither than Edinals, and that it is not cc,,uitable
to ra:1-se the water rates of those consumers, who have already )C id full "rice
for their own ruins to help to pay costs' of new mains in otiler ' areas. As to the
ar.-ui.i3ats for tale "per front foot" basis of assessment, ilaiiaber il%;,de explained
tii�,t Couiicil had caanfed its method of assessment to tile "per lot" basis some
Loup or five years ago, when "contour" plats became j_)o,)-dlar and it became
apparent that a triangular lot aith a 50-foot frontage and a rear line of
150 feet received the same benefit as the lot with 150-foot frontage and a
rear line of 50 feet; that, while it is true that the cost of the project is
being assessed, it is also true that the assessment is for tile benefit to the
property; that each buildable tract receives one service connection, thus
benefitia all properties equally.
Saying he understands there is some apartment property in the area, lh.,. i;%trana
inquired about tile -method of assessment, here. - 1,1r. 11yde replied that apartment
tracts rill pay two connection charges for the first two daellinc- units in each
apartment builaing, plus 500 of the connection char4g-en a rate for each additional
wuaaliia � unit in tae building. He added that because there is no way or J . �nowin,,:�
> � ,
now,tlaa itatfiber of apartwents to be constructed, taese assessments will have to be
made later, and the amounts credited against the total assessment in the latter
0
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years of the assessment term.
sir. John Dempsey, 309 Griffit Street, reported he feels the Council has done
a very fine job in making this assessment, that the per -lot basis is fair, and he
would like to commend Council for it.
I•Ir. G. U. '��a-rd, 421 Blake Road, commented that crater useage on a 100 -foot
lot is no greater than that on a 40 -foot lot; that assessments for the two should
be equal. TIr. C.S. Hutchinson, 6313 Baloney Avenue, concurred in this opinion.
%1r. D. h. ,•lalthour, 300 Grove Place, commented that a connection to
village watermain is like receiving a perriianent well; that the cost of di Ling,
a well does not depend on' the size of the lot to be served. Another in the
audience, who did not give his name, added that a 46 -foot lot has ever] bit as
i,luch need for public water service as does a 100 -foot lot; that the wateri.ain
assessment :could approximate the cost of a well.
sir. on Re
.,?lo 416 Joiia Strt:et, inquired as to ai,tortization, asking that
Lateral Iiatermains ilos. 172 and 176 be assessed on a 20 -year basis, as wall as
the Trunk Ilains. It was explained that policy has been set for 20 -year assessi,:ent
on trunk mai`as because ii1 'i :.ost cases of trunk tilains much of the property is
undlevelo;,:ed at the tir;e of assessi,.arlt, whereas lateral mains are usually
installed upon petition of property ovmers in developed areas; that for an
assessment of $466.93 par lot tae Council would be averse to deviatin; fro:a its
lour, astablished policy.
:W "o other objections wera made from the floor, and none had been receivad
prior to the hearin; . VanValk;enburg's ,nation that Special Assessments for
,TateLTaain Iaiprovemants Jos. 171, 172, 175 and 176 be approved as -subr,itted, ,ras
seconded by Tupa and unanimously carried. (Sea Resolution of later in i1aatin7-,
levying assessment) .
2. PUBLIC hLARIJGb 011 'PROPOSED AaSESSAL-111TS FOR SANITARY SEJEh' I11PI:OU IT T10. _ 205
AND 1;ATEKIAI!l IiIPR1OVhiiZ1; i10. 174 (riILLDALE AREA). because these too improvements
serve practically the saria area Public Hearings were held concurrently. ilana -er
Hyde -read proposed assessments as follows: For SA:`TITA Y S&IEIR IcIPROVETIENT IiO. 205,
Total Assessable Cost, $171,960.32, proposed to be assessed against 56 Assessable
Lots at $3,070.72 per Lot, as compared with Improvement Hearinc Estimate of
$3,070.72. For ;,ATJEiu -1AI!� IIIPROVEZIENT NO. 174, Total Assessable Cost, $43,022.69, .
proposed to be assessed against 48 Lots at $898.71 per Lot, as compared with
$845.75 Improvement ,'Tearing Estimate. As to the Sanitary Sewer Assessment, it eras
explained that assessments for five connections for the Coo property will be
deferred until such tiiiia as connections are requested; this deferment being in
return for an easement tarou;;h the. pro,perty,, Question was raised b y iIrs .. Charles
Hoyt, 20 Circle yIest, as to whether this deferment will mean a reduction in the
assessment per lot; she was advised that these :rive connections are included in
the 56 assessable lots and that, therefore, there will be no reduction iIr. George
AcGuinness, 2 Spur oad, inquired about assessment for the lots at the end of
Circle West, and was informed that these lots will share in the assessrrpent. Ar.
rite added that soma assessable lots have been lost because owners have restricted
two lots to one d.rellinb ,site; that one more may be lost - -which would increase
the assessment. Tir. AcGuinness requested that tine assessment be spread over 20
years, rather than the ten proposed, saying the life of the sanitary sewer and
watermain is more than ten years. He advocated a shorter term for the street
-resurfacin. part of the project. It was reported that bonds had already been sold
to finance these two projects, on the basis of a ten -year assessment tern,,. Alp.
AcGuinness advocated issuance of a supplementary bond issue. ;Iayor Bredesen
expressed himself as favoring the policy of a ten -year tel.,.it for lateral assessments.
sirs. H.W. King, 10 Circle hest, asked for clarification on interest to be assessed;
;ras informed interest is 50 of the unpaid balance each year. During discussion
on the project 1r. Hyde explained that the bid on these two projects was higher
than estimate, and that this was one reason for the higher assessment. There
were no other statements from the floor, and no written objections to the proposed
assessments had been received by the Clerk prior to the Tiearin . VaU--iValken1Du%1
motion, that Assessi.,ants for SANITATZ SEi1ER INPROVEIIENT NO. 205 and JftTLRZAIJ
I,IPR0VE -1,M T 110. 174 be approved and assessed over a ten -year period was seconded
bj Rixe and unanimously carried. (See Resolution of later in :ieetinF, lev;in
assessment).
3. PUBLIC HEARIiiG Oil PROPOSL;D ASSES`EWf FOR SLTITA1 Y S-_ZER 111PROVEiiEi1T X10. 199
(C -1 TR U11- SE,1%R -,,,T-- s -S!Oi1 A.4il LF Mi AL 6LXVICi. CO. &,:i -,M OJS Tii&c ETO) .1a,na ;er i yde
read. Proposed !.ssessi.ient as follows: Total Assessable Co,�t, X130,121.05, rorosvd
to be assessed auairist 753 Assessable Lots for the Trunl. Sanitarj Sewer, at $168.20
per Lot; this portion of the Assessment to be over a 20 -;year period; and a -ainst
533.3 Assessable Feet for Lateral Connectioas froi„ the Trunk Adin, at $6.50 -1,er
foot, file Lateral rrssez;sii ::nt to be over a ten-year period. im jrove�ient .Gear °in
Lstir:.ate for Trunk had 1)uan $280.00 ;:)er Lot. Unplatted irroierties are pro;, .)osed
to !)a assessed on tha basis of 1 -3/4 Lots per Acra for the Trunk Sewer. Mere
sera no objections leviers at tais time :crone tine floor. (sea discussion on ;tQteri:.ain
Ii:.p rova;aent .1o. 163, sollo: ring), and no written. objections had bean received prior
to the Heariag. VanVa.lkanbur,71 s luotian , that jrraposed assessment for Sailita3'J
SLwar i1o. 199! be approved l, was secondedL by i�ixe and unaalimously carriers.
t ti
t
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� 207
4. PUpLIC iIZAItIliG W' P.',,:jPOSLD ASSESSEMIT FOR IILPROV'-_,1_Z._4T 1:0. 163, TRUh�
i�i� 1� Miiri=10 i;; T ''RETO. 11anaSer hyde re,_;orted that TOTY-IL L.SSLSSh.JLJ:J COST
IMI pi>T 1 14
is $66,340.53, of which aiqount $33,952.35 is assessable al,,,,ainst 673 Lots (un,latted
propjerty bein, assessed at 1-3/4 lots per acre) for the Trunk i-lapLn, and $32,387.68
is assessable a,-�ainst 46 Lots for Lateral Connections to the Trunk, for a Proposed
AsGassment of $50.45 per Lot for the Trunk and $704.08 per Lot for tile Lataioal,
as coia,-javeu with Improvai iant hearing Estimates of '963.96 and Y'929.87 rasy�ectively.
0. .1. "'aderson, owner of ten acres at Roushar I-_,oad and County -L%Qad 18,
irote6ted ag,ainst paying utilities assessments on property which, a tea t L is
'0 County 1?,oad �18. She added
- in- to be taken by the County for a cloverleaf oil Coull
that aer. property is Dein, assessed for Dota Sanitary Speaer Ifaj)rovel,iBnt i10. 199 ailiL
adtarI'lain I iip rove faarit ITo. 168. 11rs. nderson reported that she 11as never been
ap.)roaciiacL by the County for her property, but that the ;✓roposed dross-tolm,
County Road 13 cloverleaf has been on the County mars for some years. fir. Pavalka,
6001 County hoad 18, told Council the County is ready to take 4.1 acres of his
.L)roperty. 11r. hycLa reported that when property is acquired by State or County,
special assessments against the property are considered and paid to the Village;
and that until the property is actually purchased the Village has no way of
knoain� surely that it will be so acquired. "Irs. Anderson asked for deferment
of the special assessments until such time as it is knowll definitely that the
County -ill or will not, acquire this property. At a question from .1r. i-iyde as
to waatner tile assessment could be deferred, Attorney S-hi tlock told the Council
th"t if it bLlievas this land will'not be benefited by the Improventant the Council
iiiay defar, iiiakia.," tile assessment against * it, but then silould spread the full cost
of tiie iziprovewent against the balance of the land; then, should the County not
take the property, make a connection charge against this property equal to the
proposed asoas3iftant, and make a re-assessment of the entire area. tirs. Pavelka,
6001 Count) Toad iio. 18, complained that her property is bearing part of tile
asSeSSiaant for the Sanitary Sewer which abuts Grandview Ceiiiatery (this is Sanitary
Seaar Iiii,)rov_-want lJo. 199), and snbuld not be so charged; and Ar. Pavalka told
Council that tha County will pay no more for property whicil bears Sanitavy Sewer
and iatarf�iaia assessments than it will for property without these assasji.tents
because Sanitary Sewer and • ateryfiain do not benefit Comity i-Ii--hoaj
ihr. ti'ite told the Council that there are a nui,J,:)er of properties:, ill the cissas6a:ula
.arias for, sanitary Sevier Imjrovei.-ierlt 11o. 199 and i7ateri�iain I-a,,)roveij._nt No. 163
la,iicii way !);-_ Laken, or partially taken, b,r the Count-.r fox- tile 3ro,)osed aidenin6
of Couiaty i"'Oad. ilo. 18 and various cloverleaves; that sorae definite ,)olicy should
be astabliL;Ii;ad relative to proposed assessi;ieiit. S0111d diSCUSSILOII v7aE, Ildd .0" t1le
Couiic.-ILA, Raiid VanValkell'uur, ,roved that the Spacial Assassiiznt for ilatermain
Iiii,)rovawent i1o. 168 be approved as proposed. notion secoacl��.,d by Tuja, and
unaaii:iouslj! capx-ied. (see !�esolutioa of later ill lev-
yin�, as
5 J JiC vii PROPOSED R'&z�ZSSZIEJTS IF0,-, L&T&:,iL
iiO. 2J0,- IiIPIcIOVEIMITT 1,10. 169 ,.fTjj i Ti_ i,LT A-155,
Taesa proposed aSSa3sm2ntsP for ir"i'Droverlentj ill tile Park.',-70od
i:noli; area, ware read as follows:
for I,!PROVZ,!EiTT A0. 200 $78,706.55 Total i,.sGassable Cost,
proposed to Ua assessed against 63 Lots, at $1,249.31 par Lot, as coi,.:�dxact .11ta
-2,404. J2 !i;i rovemarit Zstii.-icate.
For 40. 169 - $24,642.80 Total 1`1.36essabla Colt,
.V:Ocz�,Osau to jja a6zess(:;d against 35 Lots, for $704.03 par Lot, as cor,-i..,ar,.DCL,frith
'9'92J.37 Iirt,,j:povet.iant ricavirill Estimate.
Foi �Ta r;L'I I,'l2A,OVJ_,IILNT iTO. A-155 - $61,412.45 Total i.ssessaijle Cost,
proeosed to 1)a assessed against 55 Lots, for $1,11o.5J pax, Lot, as comjarad with
"1,045.28 li-,proveivaaat iaearinr, Estimate.
Jo objections to the proposed assessunants were made from the floor, aria riona
had been received prior to the Public liearin6; and VanValkeaI)ur,,, moved that
Special Asscssiilaato for Sanitary Sewer Improvement Jo. 200, *iilatarmcain Iifi.,roverfient
'
Jo. 169 anti 1-Craet Improvement Igo. A-155 be approved. A�I Tot
ion S-econded by Tupa
and UTiSI1i7110US1f Carried. (ISee Resolution of later iii Ileatirl�;, levyin- assassraents).
IL�
6. Oif PROPO&O ASSES SO.L;iiT 3 FOR SliiiITARY ItIPROV-11-iiT il'u. 203,
, 2�� L
-ji]iiT NO. 173 AiD STREE
, ET IOROVEI-1.6ifT 14U. L-75, Xl:;RXLS AVII'14UE
LLT.il,.6i4 _..'.54T,1 AIID .j.62JD STIREETS. Tabulation for blest: propose- assessments uas
read as 20110.1j:
for 31`dTI,rAXZ SLWLiI. Ii-IPROV-fI!-FZi4T (CWNECTIONS) 140. 203 - Total Assessable Cost,
Y16,719.62, proposed" to be assessed against 26 Lots at $259.07 per Lot for services,
.Plus "?6.50 per front foot payable to L'.1inneapolis for connection to their irtaill.
For JIATL .,IA i" I'T
Ii-I?XOVZi-IEiiT (COiLTECTIO,:!S) 110. 173 - Total Assessable Cost,
0,510.44, proposed to be assessed against 24 Lots at $206.06 per Lot for services,
plu3 L'?2.50 rzr front foot payable to Minneapolis for connection to their fildin.
For ME,-�:'T I11PROVEL'MENT 3-75 (Curb and Gutter)- Total Assessable Cost
$12,734.26, rxoljosed to be assessed against 3,307.6 Feet, for "'3.35 per Assessable
Foot.
Ta_,s£_- proposed assessments were cowpared with the Improvement Hearinu Estialates
of $*246.40 per Lot for Sewer, $184.30 for hater, and $3.90 per Foot for Cu:ob and
Guitar. Taera were no objections reZistered at tae Heavinv, and none iiad been
recaived l,rior tlaereto. Tupals motion apdrovin, proposed Special iiszessuiaats for
sallitar,j ImjrovaTaant s10. 293, xlaten�-Iaifl Im,�rovaLiant Ao. 173, axid 3treat
11a.,irovamek-it rho. 5 -75 was seconded by VanValkenburL
, and unanimously carried.
(-IDee Resolution of late P in levyint, assessments).
6
208 9/14/64
7. PUBLIC 11Ei,.&I G W P�'%OPOSED SPECIAL ASSZSS'LMNT FO SIi [ITARY 1E;JE1' T" ROVE-
iIEJT 110. 206 F:OAD FR)XA L, LIROAD TRACiriS TO J.60T11 ST.'MZT). Prod OSC-d
sf,ecial assessizant was read as follows: Total Assessable Cost, $49,662.72,
proposed to be assessed against 48 Assessable Lots for $1,034.64 per Lot, as
cor.parad with Ip:irovaamant Estimate of $1,000 �.jer Lot. ":IanaLler Iiirde
exolained that the overa,,e bat�•,,een e'.3ses sip ant aad Estii,.ia-te iz due to
.oil coats on the street. There ware no objections ra-istered at the hearin-
and none had :Dean received prior thereto. TuL)a Is notion - that ,ro,�sose "peci al 1
Assessment for Sanitary S,:!,aer li,,.Drovament No. 206 he-approved was seconded b.;
VauValkenbur:- and unaniuoasly carried. (See Resolution of later in IIeaatin"3
levjing asses si_a-at) .
8. PUBLIC HLARIIJ1,3S 0;11 �'R.O?OSLD SPECIAL 0.cl��o ITS FOP, _'0j)J1TA_RY
;TATIER,IAM) Ii,PaOV-LIENT IIO. 208 CJ
REL C ATMIMOF UTILITIES lid ARCADIA AVL'i(J71
.7ianac-er Hyde rand Tabulation of Assessment as follows: Total Assessable Cost,
C.2
$5,789.56; proposed to he assessed a,7ainst 713 Assessable Feet, for $3.12 tar
Assessable Foot, as compared with Improvement liearinL, Zstiii-iate of $10.94. ii'o
objections were re7istered at the Aearin6, and none had been received I?vior
t,herato. !To objection to the proposed L Assessment was re-istered at tae 4aa;Lnin,],,
and none had been received prior thereto. Tupals motion that proposed Special
Assessim,ent for Sanitary Sewer (and 1-yatermain) Ir;i�jrovement No. 208 be approved
was seconded by 'Llac1lillan and unaniTt.,ously carried. (Sea Resolution of later in
, 'le atin-6
, levying assessuiant
9. PUBLIC riEIOING 0,4" PROPOSED SPECIAL ASS.ES&ENT FOI`: STREET !NPROVI; ZIT T AO.
C-85 (VALT ;3UI�]il AVh-.,,TUL I,1 TROLLEY L1,TE ADDN..) Tabulation of Assassi.,ant was read
as follows: Total Assessable Cost, $1,480.9,5, proposed to he assessed against
146.92 Assessable Feet for 410.08 per Foot, as couparea with Ifiiproveii1ent Aearin�-
Estimate of $10.98. Jo objections sere filed at the Bearing, and no�ia had been
received prior thereto. Tupa's motion approvin- proposed Special Assessment for
Street Improvement !To. C-85 was seconded by Rixe and unanimously carried. (See
Resolution of later in Aeating, levjing assessiaent).
10. PUBLIC HEARII-IG Oil PIKOPOSED SPECIAL A-22SESS:-IENT FOR STREET I11PROVE,,Y,1,rC NO.
0-76,_ KELLOGG AVE. FR&1 'J.54Th TO -*,1.55TH STREET. Tabulation of Assessment was
read as follows: Total Assessable Cost, $816.00, proposed to be assessed against
1,200 Assessable Feet, for $.68 per Foot. AtanaL�er Hyde explained that because
this project of Oil Stabilized 3ase had been a comprotitise project, at the
request of the property vaners in lieu of Asphalt Paving, there had been no
Improvement Nearin- Estimate. No objections to the proposed assessment were
made at the hearing, and none had been received prior thereto. Tupa's motion
approving proposed Special Assessment for Street Improvement Jo. 0-76 Was seconded
by Mactlillan and unanimously carried. (See Resolution of later in Oeetln�, lev;inL).
11. PUBLIC hEARIING Oil PROPOSED ASSESS1214T FOR STMA' SE,.17ER I,'21-11OVEM T JTO. 79
(.RUTLLDGE k1VEi'1UZ AREA). Tabulation of Assessment was read at $1,067.12 Total
Assessable Cost, proposed to be assessed a-ainat 68,056 Assessable Square Feet,
1.2
for $.01568 per Square Foot, as co,,,ipared with the Improvement Hearing Estiiaate
of $.0209. No objections were registered from the floor, and no uPitten objections
had been received prior thereto. •acilillan's motion approving proposed Special
Assassment for Stor,,.,i Se;aer, Improvai;ient No. 79 oas seconded by Tu,-.)a and unaai4,ousl3l
carried. (See Resolution of later in eleatin6, levyint; assessi-.eat).
12. PUBLIC HEARIJG 0.4 P`WPOSED SPECIAL ASSEM'•IENT FOE, SMRil SET.,-Lf, IiA`IROVEi!L�iT
140. 72 _(VALLLY VISTA ARZA),._ Tabulation of Assessment was.,read Tt"71,17Y.763'Total
Assessable Cost, proL,osaa to Da assessed a,�ainat 604,665 Assessable Square Feet,
for 9.01136 per Scivara Foot as cot,,pared uita Iia )rovai.icnt I- 1aaViI_1,_ LStiL,atL- Of-
$.005467. i;O objections f,.ade frofa the floor, and no written objections aad
baen received prior to tiia Pu;.)Iic ,searing. Tui.)a i,iovad that proposed S,,facial
Rssessment for Storm Sewer, ILQrOvement be approved. iIOtion seconded by klacllillan
and iuiaia-iuously carried. (Saa Resolution of later in .1eetin_g, levyin,
COU14CIL COINDUCTS RE-11-MA RIlliG OU "CHAPEL HILL" POT%TIOJ OF Pi,'OPOSED LSSLSS Ia.iIT FOR
STI SET 1APROVEZEJT 1P.. E -18: TO AOSSLS6 SAI.2 0111 "PER LOT" &�i . 3 1S IN
ACCORD 'JITH DEVELOPE2. PETIT10i4l OF 1961: presented Affidavits of Publication
in Edina- lorning
,side Courier August 27 and Septeatber 3, 1964, and of :11ailin, to
o-Jners of affected rrol
;erties "notice of Re-liedrinZ on ProL,)Osed Special Asses s;-.ierit
for Street Improvement Jo. Z-18 in South 2/3 of Chapel Hill Addition", which
affidavits were approved as to fori,i and ordered placed on file. It -.4as re2orted
Tnat this Re- Hearing; is being conducted on the complaint of a i iro,?erty o:Mer that
the 'LJOtice Of hedrirlL z1aue for the Auk uat 17th Public 1-ieari-11Z on this Special
Assessment was "insufficient" inasmuca as mailed notice stated proposed assessileat
would be on a "per lot" DasisD whereas, after petition presented Au�ast 17th, the
Council determined to make !assessiaent on a "lier-foot" zasis. Jr. -Boran of 3oran
Builders had been coutplaiaant, and he spoke at this hearing, retaindinj,, Council
that Boran guilders had filed petition for a "per -lot" assessment for tae South
2/3 of Chapel ciiii for all im,:oroveziants. He added that his reason for this petition
was that the subdivision is unique in that it is self-contained and that with the
exception of a very few corner lots, all property owners must use the subdivision
streets to get to a hi6Away, whereas the streets need not be used by the general
population for travel fro,-.i one through -tray to another. Mr. Boran explained that
Boran .builders had sold subdivision lots on the basis that all assessri.iants within
this .)art of the subdivision (South 2/3) would be "per lot".
9/14/64
:iii. yon .1cLauuiilin, 6836 Chapel La:ae, presented a petition for the "j.,er -foobl
Lasis of assessment, in which he was joined by owners of 19 otile-r lots in the
subdivision. Petition stated the followiih.-I points: G
"A majority of the i,omeot'wners in South Chapel Hills desire to be assessed on
front footage for their street improvement.
"Tna Village of Ldina, by precedent, has assessed street iiit1 }rove; Tents on a
front foot basis.
"!io Petition submitted years abo by a Developer can oilli�ate :iol:seo:rners for
for Indefinite or unlir.iited. Periods of time.
"flie Cilapel iiills Developer's Restriction Docaraerit i,iai.es Ilo mention of y)roposea
par lot assessment of Special Assessments.
"Tied Lateral Storri 5a,aer Assessment of 1962 was not assessea on a i)er lot basis.
"All A,oiiiaoviners in Chapel Hill's pay tao- thirds of the sidestreet coiner lots
costs aiian tae lots are assessed on a Frorit Foot i3asis.
"Tau .Ldina Village Council has no new facts with iwhica to reverse their decision
of August at which tiria they voted unaiiimouslyr to assess t - a South ;aortion of
Chapel hills .street improvement on a Front Foot basis.
%.he Ldina Irnproverriant Hearing Notice of June 10, 1963 stated that Cilap,:l iiilla
lots are t,oing to be assessed on a Front Foot basis aria thhat tiiv long sid�a of
Corner lots would be asses--au one -third of frontage as has village policy
ovar the �jears. There was no objection by anyone at this tii,ie on thtz:i jroy+osed
n
hunt foot lot dS6aSSute11 tS .'
:Iciaug_�iilin was fjueried by Council as to -JhatAe:i:, fie had bann told tiriiau
ii, -- L�urchaz, c;& his lot that assessments were to be on a per -lot basis, and ansrwerad
that i!c iiau not baaa so informed.
O;:Ir. oran eii�ilal!iLd t!ia.t because there ara a na,,1voo oi: corner lots caid lots
aitii r: L front footayes Li this devalol3r,.arit, it was thous iit i3_, t, In the znteraZ -cj
of oruyrij Qa va lotlitent cwi.tihin the subdivision, tha-C all asaassaiehty ue alika.
'r. .�'.eJ't'�ya '"olden, 6316 -rin Terrace, rC�ort: d that when he )ou,_,it tits
propdrtyr iie' flail 17+en tolu that assessments aould be on the 'Jer lot iaaGis.
:1r. TA!oi;ias Ulliiiaa, 6002 Lrlh Terrace, stater-1 he had :ii n..'.d 1_,urciiase
si�Y' ti Li tit aft+z!r the last Couiicil ieetinL (at vii -iicli it �'wa3 to assess
on tna yi; r- '! -OQt basis), a6suiAn':; that the )ex foot 1)asis :Iouici i)c: coatinu d; that
no one lia6L Liven !di.i reason to relieve anytnin7 else.
i>notiier Cnapal mill resident, who did riot giva Th
. '4 5
44 _L
9/14/64
VanValk_r/burt; tihe!`i offi:: •ad tae f ollo:;in,l ;\asolutioa and t:ovad its auoctiols:
;:�50L'UTIG1. 1liit.iTlI1iU RESOLUTIOii ADOPTED AUGUST 17, 1364, L<<iII.I ED
" ESOLUTI0,1 ;"DOPTILI19 LTD C011FIRIMiG ASGESic;LIITJ FOR STREET I1;�'� O�lsfii%I.TS
LION?. L- 1Cla"7ii, id flar'D 1311 -5J lei— ii�JE�S4IExIT, t�11�iL1ii�Iilii A:��II.f.`�S:1i�,..11 YO1%
6Tr.EE Ii,PitiOCTEii ii l' 1;U. i; -18 LID ADOPTIIIG SAID AI1t,iiiJp,D
RELATIVZ TO AS3 L3S,'LIIT FOE, STREET Ii!PROVL'ZTT 110. L -18 III SGUT:1 2/3 OF
C1iAi EL hILL LDDI T IU.1
EL IT �Z'SOLVLD b-y the Villa"a Council of the Villa -e of Edina, i'Ainnesota, as follows:
1. It is aera.6y found, determined and declared that the Vroi?osed a.JVassi..ant
for J'lkiEET I:JPX0VLi!Zii2 iiO. "` -18 has been calculated in accordance Ath the provisions
of Ilinnasota Statutes Sections 429.051 and 429.061; that notice was dul;,fi published and
tuailed, as raquirad by laa, that this Council would meet to hear and sass upon all
6Djections, if any, to alLvna said proposed assessiIient as I:IiLht be necessary, Mid to
adoy:jt tike sane i:,y resolution; that said proposed assessment has at all ti: tes since
its filing been o?en for public inspection, and opportunity has been given to all
interested persons to present their objections; that at public hearing on the proposed
assessment conducted AuZust 17, 1964 objection was raised against the method of assess -
rrant used for making proposed assessment against .Lots 9 through 20, Incl., Blocic 2;
Lots 1 through 10 incl., 3lock 3; and Lots 1 throu,;h 23 kncl. , Llock 4, Chapel Dill
Addition and against non- inclusion of Lot 1, Block 2 and Lot 9, Llock 4, Chab:7el llill
Addition, said basis of assessment Leinb the "per -lot" basis.
2. On AuE'ust 17, 1964, by resolution entitled "RESOOLUTIO11 iYDOPTING Ai ;D
COJFI=uIIII%'3 ASSESSiI LETS FO;: STREET IOPROVEMIM N00". E -18SA, BA -56 AiTD ;:;A -55 RE- ASSESSi1ZiiT,
_ Ail - JDIITG ASSESS 1LJ FOR STx!LLT IiIPROVEI ENT NO. E -18 AND ADOPTING SAID A ii;1'IDED ASSESSI- ZiT'15
this Council did dater. -Ana the benefit for Lots 9 throu6,h 20 Incl., Block 2; Lots 1
through 10 incl. , Block 3; and Lots 1 throur;h 28 incl. , Block 4, Caaijel Hill Addition
to be in amounts equal to the front footage of each of said forei;oin„ lots multiplied
by $10.13, and did also determine the benefit for Lot 1, Block 2, and Lot 9, Mock 4,
Chapel rill to be in an, ai::ouat equal to 1/3 of the side foota;;e of each respective
lot multiplied by $10.13, as set forth in Paragraph 2, followini, the words "AI.D BE
IT FURTdER, IZLSOLVED" of said iesolution.
3. After August 17, 1964, complaint was received by this Council that notice
of public hearing on proposed assessment for Strait improvemient Igo. E -18 for Lots 9
through 20 incl., Block 2, mots 1 through 10 incl., Block 3, and Lots 1 tiirou;ii 28,
Incl., Block 4, Chapel kill Addition had been insufficient in that wailed notice had
contained no notification of a possible per foot basis of assessment, thus leading;
property owner to believe assessmant would be levied on a per lot basis in accordance
with petition filed ley him in 1961 as owner of affected property. Pursuant to said
coi::plaint notice was duly published and - Mailed as required by law'that this Council
would meet to re -hear and pass upon all objections to said assessment, to &-,tend said
assessment as night be necessary, and to adopt the same by resolution; that at public
nearin6 held on said assessment opportunity has been given to all persons to Lprasarlt
their objections; and that it is hereby found, determined and declared that Lots 9
tihrough:.20 incl., Block 2, Lots 1 throuz;h 10 incl., Block 3, and Lots 1 througa 28,
Incl., .Block 4, Chapel hill Addition were and are equally specially benefited by the
construction of Street Iu:)rover..ent Jo. E -18 in the amount of $1,039.00 Leer Lot, and
teat Lot 1, Blocs; 2, and Lot 9, Block 4, Chapel Bill 1- ,dditi.oa are not beria."ited by
tae construction of said ii..ylrovai.:ent, and that Paragraph 2, folloc•:iri;; tite words,
"t_.D BL 'IT FU.PTh —R RLSOLUD AS FOLL04S: of Resolutioii, entitled "i EJOL�UT10.: rxDOPTIl .G
lY> /l..� Cua�r I1�1.11i L7 t�.7.'7�;:.7.ILx11 .:a FU:♦ .:il iil'�L �. .ell l.�%V 1.:.1'i �.J 1YV�J. L' -1$�r , 3A -JG A!,',) Lc',—Ss iv-
11�JL'J�il?'ei�l, s:xlLllDlai� hJvi.7Jifail FOR 0-TRE fT N. L -18 iiiJ ADOTPIIIYG S ,!D
a_.ayx9�ia 1} YJbL rJ :rx'li,lil" is 17areLJr Cclf�arlde CL to So state.
4. The total t iouat of each such assessi::arit for STI1 ELT 1i1P.C�0VZEiMi;T se0. L -18
as ap�.roveu arld hei�z;:itii ul:�ncied shall be payable in equal annual instaillizants e tending
over a period of 15 years, the first of said installments, toLether with interest on tae
entire assessment fro .: the date hereto to Dececber 31, 1965, to be payable with the
ganeral taxes for the year 1964, and one of the remaining installments, with-one year's
:interest on that and all subsequent installments, to be payable with the -enera.l taxes
for the years 1965 throu,11 1978, collectible in the respective ensuin; ,ears.
Motion for the adoption of the Resolution was seconded by a, and on Rollcall taere
;.ere rive .a *es and no nays, as follows: i,ac:iillan, ajL1 F xa, aye; iupa, aye;
VanValkenbur;, aye; and Bradesen, aye; and the Resol io was adop` .
I1a�COr __
COUIiCIL LEVIES ASSF.SSi•:L:3T FUR SAi.ITAl.i S_EI1ER INPh'OVE11E1vT 110. 188 011 i.I•1111DED BASIS,
AFTER htLiiMIG COi1MWED FROII AUGUST 17. Public Hearin- on Proposed Assessment for
Sanitary Sewer Illrov'emant IZo. 188 had been continued from August 17, on the complaints
of i•Iessrs. Folke Victorsen, oimer of Lots 18,19,20 and 20, Auditors Subd. ;;196, and
Charles, A. Root, executor for estate of A.E.Carlson, ot•mer of Lot 22, Luditors Subd.
x196, that their respective unplatted tracts were being assessed for ,.lore lots than
could be platted from this property. Nayor Bradesen called this Continued laaring to
order, and ;Iana„er 1-Iyde raported that after conference with 1'IEssrs. Victorsen and
Root it had been deter,ained by administrative staff that pro�josed assess.ilelit for the
I
9/14/64 A.
t
unplatted tracts' should be reduced as follows:
Auditors Subd :9196 - Lots 18 and 19 - From 16 lots to 11 Lots
Lot 20 From 7 lots to 6 lots
Lot 21 From 9 lots to 2 lots
Lot 22 From 38 lots to 34 lots
because of tli: topography of the land; and that said reduction of seventeen lots
fr'oiri the assessment roll would raise the -rate of assessment from the $60.23 per
lot roposau at the iiaaring of Au; ust 17, to $-63.69 per Lot; this compared with
tern lm.jrovement Hearing Estiiaate of $66.00 par Lot. There were no objections
ofieved from the floor, to the proposed amended assessment, and none had been
received yprior to file bearing. VanValkelibury offered the followinG Resolution
and moved its adoption:
RLSOLUTIOi1 ANEi1DIi1G PROPOSED AS3Lc5Si1EJT TOP.
SI ITARY SEiIER IIiPROVEIIEi1T 110. 188
AND ADOPTIi1G SAID A14Ei1DED ASSESS 41T
31] IT RESOLVED by the Village Council of the Village of Edina, innesota, as follows:
1. It is hereby found, determined and declared that the proposed assessrilaiit
For S;'ti1I5:ARY S-U.L- IIIPROVEHE IT AO. 188' has been calculated in accordance with th"
provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been
duly Iaublishied and ,nailed, as required by law, that this Council mould maet to hear
and 2ass u,�on all objections, if any, to a-mand said proposed assess.At�ilt a._, iiiiLht
be nee ssary, and to adopt tiia same by resolution; that said di•opos,ed asscssriant
iias at all times since its filin ; been open for julil:i c i�lUl :Ct1Gii, and Gp1lQrtunit'
has b—oan divan to all interested :,ersons'to ;,ire 2rlt their, objections, and tiliat
Baca of tiia lots, pieces and parcels of land enuriierated i:i the assassi,ieiit was acrid
ij s;jacially benefited by the construction of Sanitary i4o. 183.
2. It is hereby further found, determined and declared tila.t bile amount
sf
of b:ncfi.t for, the construction Gi Saaita.ry 3--wer li.g-)rovai,ewt .1G. 1')8 _ ~Qi' Lots
13 aild 1J, 20, 21 arid 22, =auditor's Subdivision '.To. 196, as containaci Ll the
i�FQ�,8;1 r7.SSaSslitent was not correct, and that the prGi.QSed rsSaS,'uinti is ht::t'euj
.ar,Genued to short that said tracts were, and ave benefited and L:,,lall be alsLi16-!ed
for the follow in , nun -Ler of Lots:
Lots 18,19, Auditor's Subd. iio. 196 - For 11 Lots
20 " " it - For 6 Lots
21 „ it it - For 2 Lots
22 rr it it - For 34 Lots
3. I-t is hereby furtlicr found, determined and declared that each of th;:
lots, pieces and parcels of lana enuiuerateci in the assay siiient was ana iL; S,.ecially
beneficed by the construction of Sanitary Saver l m;)rovei,iant Ao. 183 in t"-IQ ai,iount
of $63.6:9 per Lot, for the construction of tile Sub-Trunk �jortion of :sanitary Sewev
Iniproveiiiant .io. 188, and that such assessment shall be and aareb; is levied in thy:
a.,jiount set opposite the description of each such lot, niece and parcel of land,
respectively.
4. It is hereby further found, determined and declared that each of the
lots, pieces anu parcels of land enumerated in the assesswalit for the construction
of Lateral Connections to Sanitary Sewer, Iiap rove rnent 11o. 188 was and is benefited
by said construction in the ai.iount of $1,067.18 per Lot, and that such assessiaant
siail be and hereby is levied in the amount set opposite tae descrii.,tion of each
suca lot, ijieca and parcel of land, -respectively.
5. The amounts so set out are hereby levied al,ainst the resyaective lots,
pieces and parcels of land aescribed in said assessment, and said aniaadced assess-
wants are haru.Dy adopted and confirmed as the proper special assessments for said
iiiiprovement. The assessment against each lot, tract or parcel, together with the
interest accruing on the full amount thereof from time to tune unpaid, at the: raft:
of five percent per annum from the date of this resolution, shall be a lien con. -
curreit ui.th taxes upon -tile property described therein and all thereof.
Tile total amount of each such assessment shall be payaUe in e4ual annual install -
ments extending; over a period of tan years, the first of said installments, together
with interest on the entire assessment from the date hereof to December 31, 1965, to
be payable with the general taxes for the year 1964, and one of the remai"ing
installments, trite] one year's interest on that and all aubse_3uent instailruents, to
be payable with Zeneral taxes for the years 1965 througii 1973, collectible in tike
.respective ensuing years.
6. Prior to certification of the assessment to tale County X'.uuitor, the
owner 'of any lot, piece or parcel of land assessed hereby iaa,j pay the whole of suchh
a.ssessiaeat or any installrrient thereof without interest to the Village Treasurer and
thereafter such payraent may be made with accrued interest to the County Treasurer;
provided that if any assessments or installments thereof be prepaid to the Village
Treasurer, she shall promptly notify the Village Clerk alld County Luditor, and
the assessment or installment so prepaid shall be cancelled on the books of tae
County Auditor.
7. The Clerk shall, as soon as may be, prepare and transmit to the County
Auditor a certified duplicate of said assessment, with cacii then unli aid installirnont
and interest sat forth separately, to be extended ujon the L)ro,)er tae: lists of the.
County, and the County'Auditor shall thereafter cause said :assessment to bL collected
ill the i ;ianaer provided by law. Said duplicate shall ba des:i natea as tiie .i i 6 i;v: i E.i1'
;u-L FOB. 'iLil -[ AA St„3ER Ii,PROVE.1-2:1T iIO. 188, and all amounts collected in oa- ,�zct of
til.' cuSti: SSi :: n1 ther"'a:Lil contained shall be Sii�Iilaloly' & s! ,fated . J✓_ tilt: Count., Trezasu.c-cr
Y .- I
-1 2-4
and 1 relaitted to the,
JFU.ID.
notion. for adoption of tha Resolution
uas secon
':era five ayes and no nays, as follows: :1acNil
VanValkenbur,;, aye:; and iradesen, aye; and t�
, �
' 1! :3 F:
9/14/64
Villa.e Traasurer and by her creditea to the
Clerk
Tupa, and on i ollcall there
e; llk:e, a,,,A,; Tu..,a, aye;
ion was aAV)ted.
1;ajor
VaiiValkenbu:c-, titan o.`L--fP_ra(A' the JL-olloi,,-in "Resolution and r,ioved its a(lo,-�tion:
,�L30-JJTIQ.- i0OPTI.'G AJD CO11FI1q',1,1C & SESSJLITS
10.1. .,1 ' - I,iPROVE,'11L;4TS i;03;1. 168, 169, 171,
172 ,173,174,175,17611 _,17,,174,175,1761 SA;11TARY SL.,,Er, IJP1:,'OVMG!.fT,3
193,209,203,205,206,203; STORH Ii1X--OVL:!Li1.2S il'OS.
72 is;.D 79; 6-Tg2ET 1i,1P13,OVL1L,,iTS 1400".
iiiii; .4r75,
BE IT RESOLIrLD by the Vill<e Council of the Village of Ldina, Jinnesota, as follows:
1. It is hereby found, determined and declared that tne proposed assess-
ments for W,'AT7,A1,JAIJ I I 1F ROVEL"MiJTS JOS. 168, 169, 171, 172, 173, 174, 175 UD 176;
SEW
Li:
SZ'"'L_�R 1_P1'OU,-1iiT'S BIOS. 199, 200, 203, 205, 206, AiW 208; SM�.,. SEWLi,*
1,1PROVEHE11TS 1aOS. 72 iJD 79; AiD STREET I IPROVE,�ZUS AUS. C-85, A-155, 0-76 ,:TD
_L-75, and each of thei:i, have been calculated in accordance with the provisions of
iiirinesota Statutes Section 429.051 and 429.061; that notice has ;)een duly Published,
as required by tau, that this Council would meet to hear and pass u�.on all objJ ections,
if any, to arena said proposed assessments as raiLat be necessary, and to adopt the
same by resolution; that said proposed assessments have at all tines since their
filing oeen open for public inspection, and opportunity has been Liven to all
interested persons to present their objections; and that each of the lots, pieces
and parcels of land enumarated in the respective assessrients was and is specially
benefited by the construction of the improver,,ent for which such assessi-aalit is levied
in the amount set opposite the description of each such lot, piece and parcel of
land, respectively.
2. The amounts so set out are hereby levied against the respective lots,
pieces and parcels of land described in said respective assessments, and said
respective assessments are hereby adopted and confirmed as the proper special assess-)
ments for said i-i:iprove�,ients respectively. Tile assess:-,tent against each lot, tract or
parcel, together with the interest accruing on the full amount thereof front time to
tirma unpaid, at the rate o.-LL' five percent per annum from the date of this resolution,
shall !,e a lien concurrent with general taxes upon tha property described therein
and all thereof, with e;,ceptioa hereinafter set forth relative to deferred assessi.-,snt.
3. The total amounts of each assessment for JATLR:iAI!T R1PROVL;:Mi,.TTS 410S. f
168, 171 AND 175 (TRUL', � „ATEMIAIAMS) AilD SAUITARY SEtXAI IM1?ROVZ,:BiTT iTO. 199 (T.-&Wl'
Si SZ,1ER) shall be payable in equal annual installments extendinc-, over a
period of 20 years, the first of said installments, together with interest on the
entire assessment from the date hereof to December 31, 1965, to be payable with the
neral taxes for the year 1964, and one of the remaining installments, with one
;ear's interest an that and all subsequent installments, to be payable wita the
general taxes for the years 1965 throuSh 1983, collectible in the respective ensuing
years.
4. The total amounts of each assessment for '.4'ATERMAI14 I,'!PROVEJ-6JTG 1710S.
168, 171 liilD 175 (LATL
!�AL COAALCTIOAS,) t,ATERUAlil IL11PROVEI'MiTTS JiOS. 169, 172, 173,
TO .
174 AilD 176, SLUTARY T11,211ROU1,2 j
11T 4 199 (LATERAL CO1i,1ECT1O.JS), St,JITARY
SL',1 R 10PROVEAEATS 110S. 200, 203, 205, 206 LID 208, AIM ST0550 SLJE?, Ii:J;'1,OVE,!L TS
17Dg
i . 72 AJD 79 shall be payable in equal annual installyi.ants extending over a period
of 10 years, the first of said installments, together uitli interest on the entire
assessr.-ient from the date neraoZ to Dacetilber 31, 1965, to be payable with the -aaeral
taxes for the year 1964, and one of the rema.-irairl- iiistalliaants, with ona year's
interest an that and all subse-juant installifieats, to he _,ayal;le -with tha
taxes for the yearn 19G5 tilrou,h 1973, collectii)le in the respective ensuing years;
Ice pt that the as6essi-,teut for SA111TARY SE,JER I,!FROVE11E= NO. 205 Zo2:� F,;�.rcel 3000,
_ctiion 29, To,.mshi,.? 117, 21 shall not be due and.,:,ayaiAe until Lateral
Sanitary .Seger Connectioil3 are requested for said Parcel 8000, at which tiz.,3 said
assassi,rBnt shall be due and paya.Dle, k-Titnout interest, to the Villac,e o-'-- Euina,,
5. Tha total a, oixn-cs of each assessr,.,ant for STf,,ELT 1.66. L-1355
!:,ITD DE-75 shall be p8J,a:,)la in e�ival annual installr,-,ants ex.tandin- over �;L uariod of 5
Y- !, a
ears, the first of said installf.-iants . together with interast on the entire ass, ss. az t
from the data :ieraof to Daca.;u,ar 31, 1963, to be payable the -enaral zaE�as for
the year 1964, aria one of the rai.,ainia iiistalli,iants, with one ;;ear's interest on
that and all subsequent iastallr.-.ents, to be payable a,ith general taxes for the years
1985 throw 11 1968, collectible in the respective ensuing years.
6. The total amounts of each assessment for ST.",,LET f1A2?1,OVLJhJT5 NOS.C-85
AJD 0-76 shall be payable in equal annual installi.ients extending over a i�ariod of 3
years, the first of said installiiiants, together with interest on tile entire assessment
front the date hereof to Dacer.,iber 31, 1965, to be payable vita the Zaneral ta.,.a,3 for
I
I
1
I
9/14/64 7
2
` r
for tae year 1964, and one of the remaining installaients, with one gear's
interest on that and all subsequent installments, to be payable with - eneral
tal -zao for the years 1965 and 1966, collectible in the res2active ensuing years.
7. Prior to certification of the assessment to the County Auditor, the
ocrnar, of any lot, piece or parcel of land assessed hereby may pay tike whole of
suca dasessmant or any installment thereof without interest to the Villas Treasurer
and thereafter such payment may be made with accrued interest, to the County
Treasurer; provided that if any assessments or installatents thereof be prepaid
to the Village Treasurer, he shall promptly notify the Village Clei•k and County
Auditor, and the assessment or installment so prepaid shall be cancelled on the
books of the County Auditor.
8. The Clerk shall, as soon as may be, prapare and transiii.t to the
County Auditor a ceritfied duplicate of said assessments, 7itih each titian unpaid
installment and interest set forth separately, to be extended upon tiha proper
tax lists of the County, and the County Auditor shall thereafter causo said
assessments to be collected in the manner provided by law. Said duplicate shall
be desiSnated as the "ASSESSMENT ROLL FOR dATZRiIAIid iiGS. 168, 169,
171, 172, 173, 174, 175, AND 176; SANITARY SL',1ER Ii1PROVEME' TTS NOS. 199, 2000 203
205, 206 AIM 208; STORH SE'�dER 114PROVE%IENTS 1405. 72 AND 79; AND STREZIT I13PROVEILEA'TU
iTOS. C -35, A -155, ) -76 AND B -75 ", and all amounts collected in resiect of the
assessments therein contained shall be similarly designated by the County
Treasurer and ramatted to the Village Treasurer and by him credited to the
IIIPROVU` IZ.aT 30ND PEDEi•IPTIOIT FUND.
ilocion for adoption of Resolution was seconded " Tupa, and on i:ollcall there were
O five ayes and no nays, as follows: 14aciililla , aye; Rixe, aye; Tupa, aye;
VaaValkenburg, aye; and Bredesen, aye; an' the Resolution ,r- adopted.
V ATTES^•
V,
iiayor
illaie Clerk
COUriCli, ORDLRS STRE"T IiIPR OME;NT FOR ROBERTS PLACE, i,,ILRY�'-4; iWZ. , ROLF n7t;. AliD
64 .63 I CW 61`iwLT , CTIOid :IIT� CiUiyl i I�IPROVEi34T OF CROSTOtli� FZOii Iii CO.iTr;
i,IGn.iiiY 100 TO TRACY AVLITUE. Clerk presented Affidavits of Publication in .Edina -
iiorain side Courier Septeiuber 3 and 10, 1964, and of nailing to owners o}= affected
pi'o,jerties ". notice of Public iiea-rin7 on Proposed Street Improvement", allich
affidavits were approved as to form and ordered placed on file. Pursuant to
due, notice given, Public Hearing was conducted oil the folloti•rin; proposed
1111�.+1't'� V..ACtenC :
u0,,, �2.C,LJCTIOiT OF A5PIiALT COACRE1E PAVIJG tIITH PO �MjiiiTD CL IlEiiT COACi:ET1;
A,;D GUT T Iii - THL FOLLO,f IiTG ST I:,,E T :
1 ouai:�ts Place from . ilryail Ave. to 1:olf live. ;
.;il-r,;ran Ave. from ,1.62nd St. to Roberts Place;
i.olf .:ve. from Valley 'View Road to i�obers Mace;
,..63rd Jti�aet froth 1Iilryan Ave. to ;•larraa Ave.;
� *lr',r•an Ave. from U.63rd St. to S. Lot Dine of Lot 5, .flock 3,
. of i iaudala Second Addition.
L�stif.,iatad Coat of Droject was read as $16,098.47, this being the estimated
/,3,;(: .Saab Cunt, Oroy,osad to be assessed a a]'nst .Jroperties abuttin till
>r'� a03:t ii'i`it'OVi?it�eilt at $10.39 par assess 7li foot, wita Side footage:; paying
for 1/3 of total footage. It ; -7as explained that the contract for tihi
1!!th�PGVCia�nG
will be awarded by Hennepin County' as 2'art of the Cro35toan iii �lht:ayr
i 1'OJ .z"Ct l:,0141 ini,,,ii +•7ay i00 to Tracf avenue; and that the Ccuntyr gill ism)' 1 /2�tiie
- Lot,.L construction costs, leavin`; the balance, as recordali above, to ijt_
i :IliiL }iii Cou,ity is the Owner of all tike fronta ,a alone taa north side or ';.63rd
souc.i 3 ida of foLert3 Mace, and east side of ',tilt'yan Avenue, and Could
not nor:, �i be assessed for a Village street inil�rovem,rat .
iir•. Ld tlayers, 6300 %lildred Avenue, inquired as to amount of foota.,;:: for
ailica ih.is> 00sLrty would be assessed. 11as infori:iad he will bear assessor. ant for
1/3 iris side- footage on 0.63rd Street, about 45 feet.
Ii:-. i:uaolpii !astarbar6, 6301 'Tinc-dale Avenue, inquired as to c:hut action
could ua taken by residents if they oppose the- project. Saying that irca didn't
itiilGlr beat action could be taken, other than y)rotest, iiaaa7er i y do ZOId "T'UUy+ it
is i�,�,,Li .tie- tiiat so,na ��er7,iarient street improvement be acco�i,plis led oil taa,s�a
straits in the near future:, and that this is probably the best arran`;eiient waica
could possibiy be made, economically, i'Ir. i-lyde recommended that propertj otink:rs
accent ic.
Ir. Lav7rence tdilson, 6301 Nild-red Ave. ,asked about location of the future
..'.63rd Street. iir. Hite explained that the traveled roadway, now, is to tha
suuta of tna centerline; that road will be constructed to tLe aorta of its
risant location.
.-. .oi,erts Place resident stated he understood storm sewer could be included.
,'r. Lite . -cola hiii he does not believe there is provision for• storw se:7er; tilut the
pr'e.3eirc story i sa.•7er in this area should provide drainage wnen tac s ti,ee cs are
lillilroved.
9/14/64
Jrs. Lawrence 1:ilson, 6301 Jildred Avenue, inquired about resi.)onsiDilits
for payment of the filling and re-soddirio of the seven or eight feet ..63rd
Street residents would receive as boulevard if the street is to be relocated
to the north. tip. Hite replied that this work will be included in the Proposed
contract for the street improveifent. ale added that, should the Village
construct the street improvement the County could not be assessed for the work,
thus niakin,7 the cost aliziost prohibitive. i1rs. , Nilson then su;; -ested that
assessuants be levied a6-ainst properties half-way down the block. 11r. Hite
explained that long -side properties in this area (Concvrd,J.60th, 11.61st,etc.)
will pay approyamately the same cost for their improvements as is proposed
here, with the balance assessed a,-ainst interior lots. ilrs. '4ilson protested
on cost grounds, sayin she feels that once .-I.63rd Street is improved there
will be petitions for improvements of the north-south streets in Normaridale
2nd Addition. Ar. Bite a.raed that improvement of the north-south streets
should be made in the near future.
Mr. Ostlund, 6300 ;Darren, also objected on cost &rounds, saying that he
is now assessed a lar,-,,e storm sewer assessment, and another for pavin& on
Warren Avenue; that tae cost of these improvements is forcint, oners to sell
their properties. he added that ,11.63rd Street is now very heavily traveled,
and asked that there be some relief for this residential street. 11r. Hite
answered that, by encoura-in- the Count to continue with the Crosstown liighwa,l.
�= t. y i.
the Village is attempting to remedy this traffic situation insefar as it can
do so.
A Petition acceptin8 the proposed street improvement, signed by a majority
o*L'-- the Roberts Place and Rolf Avenue residents, was read. i1r. Alexander, 5104
Roberts Place, in:luired as to whether the County will do the north part of this
L
project if the south side is rejected. tlana- r Hyde answered he is dubious
about this.
There were no other objections registered at the Hearing;, and none had been
received prior to the haarin.. VanValkenburL offered the followinL Fesolution
and noved its adoption:
RESOLUTIOJ OARDERUG IZITROVEMEJIT
MULT I,%121%'OVEiM1 T 110. BA-66
Dz, IT �S-OjWLD by tne Council of the Village of Edina, I•Iinnesota, that this
Council heretofore caused notices of hearia& to De duly pu:)lished and Mailed
to owners of af-factaLL r,roparties on the folio:iin,,Y proposed
C0'4Mr,,UCTI0.1 OF ASPAALT C01JC.-,1ZTF. -CAMIG ;iIT i POIUU-�M CL,:Ei1T COIiC1".vT_7
CUR-.3 GUTTL.-L� IN TLE FOLL0'11IAG GTR"'Ta":
Roberts Place -'L-roia Jilpjan P.v,-. to Rolf Ave.
dilv,,an Ave. froi,t 4.62nd bt. to Roberts Place;
1 olf Ave. from Valley View iCoad to Roi)erts Place;
)V.63rd 'St. froin vdilryan rive. to 4arren LvB.
.1ilrya.'n Ave. from ,,.63rd St. to South Lot Linn of Lot 5, Llocil.z 3,
.Jormandale Second Addition
and at the hearing held at the time and place specified is said notice the
Co-Luacil has duly considardd the views of all persons interested, and mein-
fully advised of tiie pertinent facts does hereby determine to proceed with the
construction of said iiiprovement, that said ioproveifteat is hereby des!-nated
and , d sahll be refereed to in all sui)se4uent L)roceadia1,..s as ST .ELT ILWI�,�OVE:EiiT
AO. 3A-66, and the area to De specially assessed therefor shall include all
lots and tracts of land abuttin& the streets proposed to be ifii;jroved.
Motion for adoption of the Resolution was secon I Tupa, and on Rollcall there
were five ayes and no nays, as follows:, 'LlacIll an . aye • Rixe aye; Tupa, aye;
VanVa 4enburg, aye; and dredesen, aye; and Ke lResolution wa adopted.
ATT-S
Hayor
Village Cler]k
COUITCIL ONCE AGAI114' DZJ1x__.0'_ RL4'7JO!4ING Oil LOTS 7, 8 L14D 9, BLOCK 2, 4AIRROR LU
iiKES
170
OD 2ND ADDITION TO 'EDI,i,A iiIGHLLIDS (TWiCT BET4EEJ ..56TH STREETA!Q ii!G&;AY ;',T6_9,_
AND 3EU-IL-Eii CAAATRLY ROAD Ai0 DU14DEE eOAD) Public Hearin., was conducteL,' on the
petition of Co-,,mnander Corporation for the Rezonin6, rroiu Open Davelol,,.ient District
to R-2 Jultiple Residence District of the above named tract. Affidavits of
Publication in Edina-Aornin6side Courier, of Posting and of 1'.1ailin
CZ> . of ".iotice
of liaaring" were approvea as to form and ordered placed on file, "-fli-ch tae
of the Vu-Graph, the site, in its relation to land useaC> -e of the surrounding area,
uas explained by lir. Hite, 11ho reported the Planning Commission has recommiianded
R-2 Multiple Residence Zonin.- for these double - frontage lots, but has reserved
the privilege of approving buildinc, plans. 11r. John Carroll, petitioner, reported
he purchased the lots last year, and that because he does not have much money in
them he is in a position to build single-family dwellings on themi; however, that
1)ecause the property is less desirable than other property in tae area sin;.-le-
family dwellings would nave to be less expensive than others in this immediate
area, whereas ha feels $45,000 doubles would lend themselves well to the c-enaral
character of the corinunity. Ile added that because the property is low on the Jorta
and high on the South, buildinEs would have to be du& into the hill, w1tA tuck - under
9/14/64 1
y az�a es; that while he would rather build doubles, Pie doesn't want to do so it �
props rtyr owners in the neighborhood object.
Petition objectin;. to proposed rezoning was presented by a lady. signed by
owners of some 49 homes in the 5500 blocks of 1,Urror Lakes Drive, DLtadae Road,
and Chantray toad. In her presentation the lady re,?orted she feels that this
tract has not deteriorated in the last, for sin-le--.family use, since tha last
petition was presented for rezonin -, some years ago; that in fact .conditions
now are better for sin -le- family use than they were at tiiat tibia: "V1.56tI1 Street
has been drained, and ;ii. Tway Ao. 169 has been relocated, thus elirs inatinL the
p:c-oblem of traffic and future non - residential development alone the iii�;h ruy.
SIl added that the nei ; ibo-rhood is entirely sin,71a- fariily, and entirely
occupant- oimed, that srie hopes Council will consider the neijibors' situation
as ,,roparty owners. 11r. C. C. 11Ieinhoafer, 5524 Chantray ioa.d, concurred in nis
raei,,,- ,nbor's ntdtaf�ients, added all present ovinars had purciia.sed with idea that
entire area would ba sine= le- fa-uli 1;r. One lady asked Council assurance that
quality homes be constructed on these tracts; eras told that Council cannot
la— islate tiia matter of cost. : r. klite reviewed proceedings relative to the
last petition for razonin of this property, saying that Council haci not actually
denied petition, but had referred it hack to the rlai-inin- Cozh,.Assion, and that
otiner had then withdrawn iris petition, and subseciuently sold the lane to
Carroll.
VanValkanbur8l s motion, that petition be denied, ,aas seconded '1),, Tupa and
carriaa.
=� COU ICIL AFF ROVL'S PLAiTNI yG C0I11IISSi0 I' S RLCO1111E NDATIOA FOR REZuidIliG OF DUTL:- -il,
PROPLRT 011 !;AST SIDE OF HIGH,JAY 7;100, JUST SOUTh OF TEST S -0-RE DRIVE, TO
i. -2 IULTI2LL RESIDENCE AND OFFICE 3UILDIiaG DISTRICTS. Affidavits of Publication,
PostinL and iiailin ; of "Notice of Hearin-" were suumitted, approved as to fora
V and ordered placed on rile, publication being;, in Edina- llornin ;side Courier
Auuust 27 and Septeiwer 3, 1964; and, pursuant to due notice Ziven, Public
iiearin6 was conducted on the proposal recommended by the planning; Commission
for the Rezoninj from Open Development District to R -2 ilultiple Residence District
and Office puildinc, District of the tract of land known as the "Butler Property ",
wAicn lies to the East of Hioriway 100 and between West Shore Drive and Idormandale
Golf. Jith tilie nalp of a visual aid, iIr. Hite located this property in relation
to the residential area to the north, Idormandale Golf directly to the south,
Office Luildin and Planned Industrial District south of Idormandale Golf, and
tae Planned Industrial District across Hionway 100 to the vast. He told audience
tiiat the owe,, r of the tract has not petitioned for rezoning, and has no plans
for inarediate: development of the property; that the Planning Commission believes
that in fairness to the residents in Lake Edina Additions some zoning should be
made, tiiat R -2 Aultiple Residence .Zoning; for the north half, and Office Building;
for tiie south half, is the proper land use in the opinion of the Commission.
Iir. Richard Vogel, 4904 Poppy Lane, who stated that in his profession he is often
before City Councils requesting -rezoning, said lie has no i.r aedi ate reaction to
this proposal, especially as there are no immediate plans for development here;
that he feels it would be better to provide a "special use ,permit"�of a limited
tine, to encourage oiner to develop; that he believes "zoning is an invitation
to more zoning ". As an illustration he suggested that once the yoroperty is
zoned R -2 there may be petitions for apartment zoning,. Tellinl :Ir. Vogel it is
his lanaral recollection that the courts in this state froim on the special
permit procedure (in which statement Attorney bdhitlock concurred), 11r. Hite said
that what the Planning Commission is attempting to do is to set a plan so that
people iaoving in won't feel that this will be an area of sin-,le-family holies.
ilayor radesen inquired of IIr. Vogel as to whether lie :heels that h 7 rezoilin-
to t -2 the Village is more vulnerable to apartments than by leaving tit: area in
open development district. i-Ir. Vogel replied that zonin, -� shows a trend, and
that zoned vacant property leads to zoning, changes. He added that this is a ;ood
;7laa and ii•a has no objection to the zoning as sueh, but believes a limited - of :ie
special use permit would better serve the purr�ose in that it :could aacouvawa
ir:.iac�iata dc:vaopuient.
,i:o. VailValY.eilbur, ; iizc I ad as to ohether owner has any plans for the property,
and Mr. riite replied that the owner doesn't seem to have any lans, but that the
of fits .1as receivad many inquiries about the land for both double - d rallingr; and
of =ice use; and that the Plariniii Commission has P=ound that riiei�e there is
a
a llaii diiCi iiLOYliiation about tiles COUIlCil'S intent triai'e 1S /C:.UCa better pGaition iGr
d;:a,AaL r :zonia, titan if there is no plan.
iir. Vo4;al told- Council he would like to see the Man establesed; prafers zoiaia-
to no zonili -, but still believes a special use peri-At would be better.
Sayini; there have been some questions about extendin- Poi py Lane -Lato Industrial
Blvd. , aizieh, if parniitted, would pose some zoning ;,Problems for this tract, Tu,)a
mov,:d that proposed Rezoning; from Open Development District to R -2 iIultil)le 2asidency
District and Office Buildin- District be approved. notion seconded by Nacilillan and.
uaaaii:rously carried. ( See Ordinance of later in Zleatin -) .
1- 6- 9/14/64
Cvi7iICIL ..LZO,1ES LOTS 6 AvID 7, 3;,OC;: 1, ED ,4100% ADDITIO.J FRO ; OPi:;il DLVLLO?i1&:T
DISTRICT TO OFfIC'.� 3UI1,D!N6 DISTRICT: MILL SELL LOTS. Clerk presented Affidavits
of Publication in Ed:ino.- iiorningsi4,: Courier Auv ust 27, and Sep ter.iber 3, 1964,
of Postin;, and of '.failing to owners of affectea properties, of "Notice of ..earin;" ,
and pursuant to due notice Liven, Public Hearin& was conducted on the proposal
recommended by -the Pl:;nnin: Commission for the rezonin,, of Lots 6 and 7, Block 1,
Edeamoor (5232 and 5236 Dotmin Street) f-ron Open Davalopt, at to 0ffice 3uildiilg
District. Mr. Mite explained thhat this property is owned by the Village, that it
is directly west of the Industrial District used by Arrow Tank Co. , south of
pet ;hospital and gasoline- station, and north of a park; that the Vi llaga viisnas
to sell this property and has had a bid on it providin;; it is zoned industrially,
but that Plannin;; Commission feels the beat use for the land would be as Office
Building District. firs. Jean Long, 5236 .Edenmoor Street, inquired concerning
the type office buildini; to be constructed; was informed that there i6 no particular
building; proposed, but zoning limitations would restrict area of building to not
snore than 1/3 of the lots, and that it would probably be a one -story building.
Mrs. Dorothy Cole, 5240 Edenmoor Street, suggested that an attractive office
building raight help to buffer the area against.. expanding Arrow Tank. There were
no objections made Prow the floor, and none had been received prior to the
;fearing. VanValkenbur&ls motion, that proposed rezoning from Open Development
District to Office Buildin;, District be approved, and that sale of lots be
authorized with stipulation that Planning Commission shall approve building
plans, was seconded by i•la6lillan and unanimously carried. (See following Ordinance).
MacMillan then offered the following Ordinance, riovin6 that Council disp: ase with
second reading thereof and adopt as submitted:
ORDI1:1ANCE 140. 261 -96
AJ ORDIi''Ai;CE A',ZNDI;IG TIE FO:aIJG O DIJhNCL OF THE VILLi -.GL
OF EDIiIA
3Y LSTA;;LISHIITG ADDITIOJAL ;,� 2 i;ULTIPLE :�ESIDiiICE
DISTRICT A.ID ADDITIO.IAL OFFICE .3UILDI,IG DISTRICTS
Tr',E VILLAGZ COU14CIL OF Tx-1Z VILLAGE OF LDIAA, 1,11JJLSOT1,, OR iUS:
Section 1. Paragraph 1, i•Iultiple Residence District i;oundaries, of
Section 4, (ilultiple Residence District) of Ordinance ,Io. 261 of revised ordinances
of the Village of Edina, as ai,ended, is hereby further a leaded by addinL the follow-
inb sub - paragraph:
"District X -2:
I'M All that part of Re; istered Land Survey No. 679, Tract A, lying iyortn
of a line axtending from a point 169.7 feet Soutih of the 1forthaast
corner of said Tract A to a point 100 feet Soutih of the ilortl est
Corner thereof."
Section 2. Para; rah h 1, Boundaries of Office Building District, of
Section 10 (Office Buildin- District) of Ordinance No. 261 of revised ordinances of
the Village of Edina, as a;, anded, is hareby further a, irnded by audin" after sub -
,�ara;ra?ih (1) of said Pars rai�;i 1, the follot:intj
"(m) All that part of Xa.isterad Land Survey i;o. 679, Tract A, 1,1in, Soutih
of a line axtendini, frOLi a point 189.7 feet Soucih of the Ilorthaast
corner of said Tract A to a point 100 feet Sout;i of the i,ortli„ast
corner thereof.
"(n) Lots Si.--. and Seven, 3lock One, Edenmoor."
Section_ 3. Tais Ordinance shall be in effect irim:adiately after its passage
and publication.
:lotion for adoption of the Ordinance as submitted.- trite waiver of second raadinl -, was
seconders by Rixe, and on Xollcall there were five - and no nays; as follo,s:
ilac lillan, aye; P.ixa, a,,a; Tu,)a, aye; VanValkanbu y, ye; and Bradesen, aye; aild
the Ordinance ;:as acso-ted.
ATT -T :
illabe Clerk
SIDE YARD VK&Iri.ICE G,- .LITLD FO,� 5117 ILADW RIDGE. Pursuant to due Notice given,
Public Hearin; was conducted on the petition of iIr. A. J. :;chunk for a siae ;hard
variance for 5117 rl,�adou ;ridge. (Lot 7, Kock 6, Brookvier•, Hei&hts First Addition).
Showing a plan of the proposed none site, Planner fredlund e: ,.plaiihed ghat petitioner
wishes to construct a dwellin;; to within seven feet of the west lot lino, trhereas
ordinance requires a ten -foot set;)ack on the "livinL quarters" side. It was pointed
out that tie,: no::ce to the west has a setback of at least fifteen feet from its east
side lot, which c;ill provide some 22 feet between these two homes. Planning
Com- mission recomriends approval. Tnere We-ra no objections filed at the haarin;;,
and none had been received prior thereto. A ;;r. Swanson represented petitioner
Schunk. VariValkenburg's motion grantin; variance as petitioned was seconded by
Tupa and unanimously carried.
1
1
[1
9/14/64
�111L YlelQ Vr;i:IAiICL FOR 5603 CODE' GRAiTTED. Council conducted Public iiearin; on
tile petition of 114r. td. 'ii. Larnum for a variance from zoihin, ordinance requirements
to permit dial to build an addition at the rear of his home to within ei,-ht feet
of the westerly lot line at 5608 Code avenue (Lot 3, Block 1, ilalodf Knolls 4th
Addition.) iir. Fredlund reported the Planning Commission has recomicended approval
of petition, and that iir. Barnum has the written assent of neighbors J. L.VaniCirk
at .io. 5603 Code and Brace Bennitt, Jr., 5612 Code. ivo objections uare re;;isterad
at the nearing, and none had been received prior thereto. VanValkenburlo i;iotiorl
that variance be• granted was. seconded by Rixe and carried.
ST,_1,!LT iiAl'!E CHAiTGED FROH "INTERCHMGE 3OULEVAR D "TO "EDIiTA Iii DUST .RIAL LGULLVA D. It
2ursuant to ".lOtice of Public Hearir16 on Proposed Street iTaaie Change," published
in Lc.ina- iiorningsida . Courier August 20 and 27, 1964, Posted and ilailed to owners
of affec-cud properties, Public Hearing was conducted on the proposal for the
change of the name. of "InierchanZ&, Blvd..:" to EDIAA IITDUSIP,!,,.L BOULEVI-i cD.
Interchani,e 31vd. lies entirely aitihin tine plat of "Edina. Interchange Center ".
Thera were no objections raised at tile Public iiearinZ, and none had been -received
prior thereto. Tupa offered the followinU Ordinance, woviiu that Council dispense
cl
witil second reading and adopt Ordinance as submitted.
ORDIi' MCE .•T0. 164 -27
t,uT 01101idAIXE AiiEiTDIiTG VILLAGI; OF EDI;dA ORM111 =TCE
iTO. 164 EI;TITLED "Aid ORDIIIAiTCI; .TAi -MITC t- D .Ei11i -:! iG
CF, TAIii i-eOADS, STI�E'ETS AND AV :,;UES OF THZ VILL! - -:(--,F,
OF EMIR ".
Tiw VILLAG_ COUi CIL OF THL VILLAGE OF EDIiTrs, ilhiTT";SOTA, ORDAI.TS:
�Q 03action 1. Ordinance :To. 164 of the Village, as a,iended, is ih r:ily'
f urtth -_r a; iandad by adding after, 67ection 42 the follot/ i.11L:
"C "Svctioa 43. That part of Interchange Boulevard" lying within the W.ro.)arty
jlai:tad as "Edina Interchcri;;e Center ", as the sam,a is of record in the office of
o' Deads o---' Hanna,)IIl County, is neraba, r�:11G��C% t'y,,��,all -1 I.1DU5•J"t:I1i1J
JUU'u ll" .
t�ction 2. Tais Ordinance shall be in effect r`rora siid after it.3
pckssd v aii(1 Ljublication.
TUXj-4ts -totion for waiver Of second readin.; and adoption of Ordinance as �:LLi'lf�ltt�il
;rrs s,�condSd byT ti .8, and on Rollcall thaw ',,ere five ayes atld no nayz. , as i:ollowzz :
ilaciiillaii, aye; :i a, aye; Tulha, aye; VanValke r4, a,,e; a-rid 3redesen, ayL; and
the vrdinadice Idas adopted.
f..
Lit ;�'' •
iiay r
�i la;a CL�-rk
CJ JJCIL O :DLRS REi4OVAL OF D'.iELLIAG AT 4529 VIVNDERVORl' AVENUE. Manager Iyda
Su ulitt'ed to the Council receipts for Registered Jail sent to the fallot-iin person:
and firiis interested in the premises at 4529 Vandervork Avenue, mak;inw ILlotice of
Public .'iearin., this date on the report of the Luildin- Official that the daallin;,
coastituteS a public nuisance ,within the meaning of Village Ordinance .To. 148A
for the reason that the building has become so dilapidated and deteriorated as
to b,3coi.e an attractive nuisance to children who miL,ht play therein. to their
dan�ar, or as to afford a harbor for vagrants, criminals, or, iifinoral ;persons,
o-r• as to enable persons to resort thereto for the pur�jose of committing
nuisances or unlawful or ivamoral acts:
1. Iirs. Betty Thompson, also kaotm
as betty Carson and Betty E.Carson 1919 ilinnaliaha revenue record 01rller
•_.2. Aennepin County delfa-re Board 400 South 5th St. Holder of Old Aga
Assistance lien
3. Donalc and Velma J. i� ickstrom 4528 Cleveland Ave. Holdeiry cf easa-i,iant
4. Turin City Federal Svgs. 6 Loan Assn. 8th and 14arquette Nort6ar�ae of easement.
5. State of i4innesota Atty. Goneral,St.Paul Holder of judgments
6. United. States U. S. Distr. Atty. , holder of judGln�-_nts
110 South 4th St.
and preseazed Affidavit of Posting of the ilotice of Public i-iearinL; on the uaellinv
at 4529 Vande'rvork Avenue on September 2, 1964. Letter from Attorney Stanley H.
Gra,-,a disclainlinZ any interest by the Federal Goverihment in this proceeding was
raad and ordered placed on file. Ilr. Hyde reviewed for the Council the joint
rejDort of the juilding Official and Public Health Sanitarian setting for-ch the
reasons wiry this dwellin8 is "danGerous and substandard" within the r�7eaairl; of
Villa;;e Ordinance iTo. 148A and should be demolished; and pictures taken of tlhe
dcwalling mare i,hspected. No one spoke on behalf of Ilrs. Betty Thompson, Hennepin
County :Telfare Department, Twin City Federal SavinLs and Loan Assn. or State of
liinnesota. iir. Donald i!. Wickstrom, who stated he :wishes to purchase the drop erty,
inquired as to whether cost of demolition, if ordered, would be assessed against
the proparty, and was told that assessment would be made. Inquiry was -then made
as to whether i4r. ilickstrom could demolish. i•Ir. Hyde advised that because of
le„al complications because of the Old Ada Assistance lien it rli' -iht be some: tine_
b,2forc anyone other than ilrs. Thompson could take title, and thlat sor,iathin- n�eu..s
to be done iin,uLdiately.
9/14/b4
Z 18
After serious consideration by the Council of the evidence presented by Manager
Hyde on behalf of the Building Official and Public Health Sanitarian, VaaValkeDhurg
,Loved that this Council finds tliat the dwellin,T located at 4529 Vandervork Avenue
is a dangerous and substandard dwelling; within the mearlinc� of Ordinance ;"o* 1438A
Ij CA
because:
1. It is a sui,-standard structure with no foundation or provision
for frost protection.
2. Floor is buckled and has sa;�ad conpleteli out of horizontal plane,
and floorin- is loose.
3. Building is out of plumb and hence unsafe.
4. Inside and outside wall coverin ;s are loose and falling off.
5. Uirin- has been ripued from tie building.
6. There are no sanitary facilities in the structure.
7. The only hearing device is a wood stove wiliell is im.properly Vented
to the outsidB,
8. The buildinL. has become so dilapidated and deteriorated as to becor-a
an attractive nuisance to c',iildren .rho j.-light play therein to their
dander, or as to afford a harbor for vagrants, cri-i.-iinals, or iiai.ioral
persons, or as to enable persons to resort thereto for the purpose of
cofi,mittin6 nuisances or unlawful or immoral acts.
flat such building cannot: be repaired, with reasonable econoixy, so that it trill no
lonLer exist in Violation of tile terms of this ordinance, and that it is hereby
4-- - tio -
ordered to be deuolishad within the next thirty days. VanValkeni)uD_11s 1,10 n was
seconded by 11,ixe, and on Rollcall there were five ayes and no nays, as follows:
.':1ack:illan, aye; Rdxte, aya; Tuba, aye; VanValkenburg, aye; and Bredesen, aye; and
the motion carried unanimously.
ND SUBSTANDARD" D..ELLING AT 5820
ST. JON NS �NZI'UZ TO OCT03ZR 19
- I �— - -- - -4 ,_FOR OWNEWS PLA11 FOR REPAIRS Manager 'Hyde suDmitted
to the Council receipts for Registered Mail sent to the followin,1- persons and firr.-is
interested in the prami&--s at 5820 St.Johns Avenue, making; Notice of Public hearin&
this date on the report of the Building Official and Public Health Sanitarian that
tile dwelling at 5820 St.Johns Avenue (Lot 6, Block 7, Fairfax Addition) constitutes
a public nuisanca within tkie meaning of Ordinance No. 148A for the following
reasons:
Settlinj of rear porch to extent that basic function has been impaired.
Potted eaves; roof s ' ag&ed out of horizontal plane.
Lack of paint or other approved protective covering on exterior walls
1. Clifford R. Lee 6911 ►leadowbrook Blvd. Record owner
2. Twin City Federal Svgs.
& Loan Association 8th and I-larquette 1-iortLa,,_-ee
3. County of Hennepin Rml06, Courthouse, Npls. Real Lstate 'Taxes
4. iq-,.P.Dodge Corp. , a (No kno-m address) App anent holder
Delaware corporation Sent to 5820 St.Johns Ave. Of easerlant for
utilities services
5. Earl A. Carlson 5820 St.Johns Avenue and Owner as of
3209 Xenwood Ave, So. :lay, 1964
6. Beecher Realty Co. 5300 Lyndale Ave. So. Agent, for sale
and of Posting of "Jotice of Public Hearing" on dwelling at 5820 St.Johns Avenue
September 2, 1964. Reviewin7 the report of the Building Official, and showing
paotog-raphs of the d;relling and premises, Manager Hyde reported that this building
needs maintenance and repair, rather than demolition; that its condition was brou-nt
to the attention of the Building Official by a petition of some 25 neighbors, for
correction. No one spoke for those having an interest in the property, except i1r.
Earl A. Carlson, who explained that he had purchased the property in lair of 1964,
intending to sell nis present home and move into this one; but that because he had
been unable to sell he is at present making payment on two places and is thus short
of cash with which to repair and remodel the St.Johns Avenue dwellin&. He evidenced
willin6--ne8s- to make required repairs. Mr. Hyde recommanded that Council continue
this P61ic -CA-221arin,7, to the f;iaeting of October 19, 1964, to enable :',P. Carlson to
present his repair plans to the Council. It was so ordered, by niotion Tupa, seconded
by VanValk-enbur- and unanimously carried.
COUNCIL CWTI11MES !iEARIi4G Oil ORDER TO REMOVE FENCE, AT rREQUEST OF VILLAGE ATTO�4-,-Y.
The matter of the requested removal, by Stuart F. Atsatt, 5601 liansen -Road, of
the fence situated in ti-te Village right-of-way, ras continued by com.,ion consent
of Council to londay, September 21. Continuance was at request of Village Attorna-
with consent of the Atsatt Attorney.
3ROD',:SIDZ TERUACE RZ3IDLj,'T6' AS., FOR LEG %L ACCESS TO THEIR PROPEKfIL'S. Mrs. Harold
R 'i ey, 4517 .6roohsid,�� Tarrace, ills re"'Uest
OD :ram present to represent her husband in
that the Village i-,rovida le al access for the tracts facing; Taprace",ifaicll
is a oil tile East side of 1:i;&S railroad r24,i-it-of-aay. it
l� - i)eaa
ias explained that .rhea title to the Robe} proitartj was being c! ck�d it had
found that the property had no la-al access, because a portion of 11.10tor Street"
had dean vacated b-, tile Villa,-a, at tile r--- uast of 1'"L4&S Railway Coi.Vany, in ilay of
1956. according to Ulla.e records, JN&S i',ailuaj Coizpany, now aas title to the
vacated portion of the street; and Attorney 4hitlock reported he feels sure some
F�
9/14/64 219
�zuit�_blL arranl-ai- nt far access can he worked out; that iha has sfokan with
11r. iicPA "an=on of the =Railroad COInpan r, but that iir. rice ierson is not yat raadJ'
; :ith a r, ;�a��t for hilA. Ilrs. Robey talked about the Villa.;;e's ila.vin;- '►cut a straat
over the railroad track=s" for Brookside Terrace residents; and it was than noted
that Brookside Terrace, as such, is not a dedicated street, but is traveled liY
COI :iGiOn BaSaMent amonc property owners; that Villawe does plow snow, there, but
does no othar' maintenance. The =,latter of legal access for Brookside Tari ?ace
residents was referred to Villa6e Attorney 'dhiClock for solution, by l;iotion
VanValka: lbur,6, seconded by Rixe and carried.
PLTITIO,I P OTESTLIG DEVELOPL.EIIT OF POND uEHIND 6500 -6512 a ilu'w :i AV.E1iU'L, i '.!D LS, LIG
T,iliT 2011L L1 FILLED, 11=ERF.FD TO PUBLIC ;IO <S DIRECTO.". FOR :REPORT OCTI)i iL` 5.
:Tanag er ilyda reported to tho Council receipt of a petition, SelDtai, er 9, signed
by owners of some 35 residents in the vicinity of idormandale Park, filed by I1rs.
Picihard Olson, 6532 Ilarran Avenue, protesting "any ,proposal by the Villas u to
davalop, o:- .pared, drecl�e or s=hape the pond no,.,., e..istin- on the ,)ro,Narty at 6500,
5504, 6500 and 6512 Marren Avenue, for use as any part of a storil se Ter d.raill ar'aa
for nsii hborinl property" and "furthermore, in the interest of -che safety of
own young children and the hundreds more who use the facilities of iiorl,iandala
Park, locatea directly across the street from the aforemvz�ntioned "pond ", us'ging
that this pond area be filled in to forestall another drotianim, such as that :"rhicil
took the life of Jay iilder ?Olson, 6532 iiarren Avenue, on June 29, 1964.11 in
ivin- soii.a background on the pond, 11rs. Olson told Council this is not the first
tilde Council has been alerted to the danger of the pond; that the former owner of
the Olson house had "called Council's attention to it sore tin=e aSo; that the
builder in the area was dredging at that time. She added that the potential
threat becalle a proven danger when her young; son was drowned. As to the depth of
ptike cater, Iirs. Olson stated that in attempting to rescue her .son she sank into
muck; to her knees, and that banks were steep, rocky and -treacherous. SaAn, that
V site and =lei' ilusl)and no longer have a stake in provision for safety Of chj.1UCen
aera, sil °c added no real attempt ilas been l==ade to y?rotect the yowl-- Istex -s; afid feels
it is the ,.oral obligation of the Council as citizens and parents to protect not
oaly tine aei, hborhood youn8ste-rs but those usinL idor'mandals Park.
At iir. ilyde's explanation, that it is proposed to use this pond as a holdinf,
area for Villa,-.e Storiii Sewer, 11r. Dredesen inquired as to :That will to tlhe
,tari�l s— er if the Fond cannot be used. IIr. Bite replied that thaw is no �jueLtioa
i)Ut tiiat the s toriit sewar will be r,iore ex;:)ansive i"rithout use O:. t =he pond. ila added
that, ;-Tulle lie a ra-_s with. ilrs. Olson and 'yjetitioners that the pond in its �lreseat
cOhhditioil is ilazardQus, he believes there is a Iaiddle ;;r'aund- -t:iat t =ie CIZIA
ba liL:,l iiCC in such a Slay as -to serve time s'torw seaev and still 1)e S•=�i•a. iii.
ci tvd ,�at't i ",: rid--of steep banks and m=uch and de.si`-n of a control structur;3 to
control CL apta of water as two Liethods of Llakin- pond safer, and askeC to A6a
;. r'l,ittru t;•, 2.oa2ara a design along tihese liaes to if tiD�0 "_3 riot ;
�_Qtil_ tie
-,,ati-tioaers are ask in .
Dr. D. A. Jdal i6oa, 6508 ,,Iarrea Avenue, told Council lie dotesri't Grant to t• -ka
a :,Zd d either for or a ,ainst the pond; that h does not oi-)� "Lct to tlia j?oild
� suchh, ai-id has so told :-,P. an-a sirs. Olson; that he has to live in th-L3 tl� a ili�Orl]GGf
r1'til Gt.l r 3 :1,1G i:ic3yr favor k2e2ln filepond, and that he ;eel's ii terl.iinclGioll Or
draiain ,Gad i.hust be by not only those livin,, on Harrell iwenue, but in the
entire drainage district.
' r. J. L. 'aichert, 6433 Josephine, told Council there ara 33 caildr -a on ilia
:3trLvt, i_iGSt of :Thom use iiorwandala Pe=rk at least once a 'weak'.; that he is in 'favor
of the Olsoa patition; that snow fence is slot adequate pro'tec'tion ahld pond zilGUlti u�
zvncad crith Jim, foot c=hain link fence now- -that this is not so,riethin- that can weLit
until ne.:t year.
iir. Jack xiewell, 6434 iiarren, a-reed frith i1rs. 01--on that the pond is deep,
stating tiiat at one tii,la he had a =horse fall into it, and Ile=d a bad tiiat! �,�.ttin;; it
out. Said he faels, however, tilat the problem is not to fence or fill the pond,
but to decide U'lletiler it can be made safe.
,Ir. Scawenkendorf, G500 ; Iarren Avenue, reported that he has three children and
iias oi, iiad tha petition but that after ivin; some thou-llt to the platter lie has
decided tiiat trlere is no real necessity to fill in the s;rarip, but that a design
Mould a.; iiaaa so that it can be Made safe for children. Sayin,, fie feels the
hazard could bN elLminated, 11r. Schwenkendorf said he'd like to endorse ,ir'. 1- site's
sub- estion for study.
It was reported that the pond is entirely within privately - owned l .)ro;,) r'ty,
l-,axt of it belonging to Warren Avenue residents and part to James Iiivesti :i3nt Caitipany,
uii.iaa is now developing the lar, -a tract to the =lest.
I1r. hay A&LDle,6500 Marren Avenue, reported that the ;pond was oribinally just
a s.rale; that a building; contractor dredged on his property for his osm private -,aim.
:Ir. i,ewell, however, said that the pond was a pond back as far as 1947.
iirs. Carol l=earns, 6SO4 iiarren Avenue, said bite i<earns' are not in favor' o:i
filling the pond, that they believe it adds value to their property and can ba ffiade
both safe and beautiful.
, "Ir. iiite suggested continuing this meeting to October 5, in order that he rniL;ht
prapare a design for the pond to eliminate the hazards cited here tonight, and merit"
:ritih 1lropa-rt ;r owners with alternates for their consideration. Continuation of
nle,:tirig; to October 5, in accordance with :ir'.�;ite's
-3u, gastion, was ordered i�7 ifa7or
Lredesen and confirmed by co,nlno
n consent of Council.
2 u 9/14/64
'-ALE OF- FOU' VILLAGL-O; ILD LOT" TO HEM'M ASSOCIATES, IAC. APP OVER. :1r. Hyde
reported receipt of only one 'Did for that part of Lots 11, 12, 13 and 14, flock 3,
3rookview ziei-shts 4t1i Addition not proposed to be used by the VillaLe: that of
T
aeriaa-
a Associates, Inc. , of D.P. 3lomiquist, in the amount of $12,050.00. He
recon—iiended award to bidder, subject to workin, out terms of pa gent. Sol-..a
discussion -,.'7as had Ly Council, i7ith Trustee VanValk-enburj advocatin- that Villac'e.
accept -)aym-ant of no less titan 10' of bid as down paymant, and 5% interest on
unpaid balance of sale price. Finance Director Dalen was directed to sell
properties on ter,sIs suv',Lasted by 11r. VanValkenbur6, or better if possible, by
motion Pixea, seconded bY Jaclillan and carried.
COUNCIL REJECTS ALL RIDS FOR I1210,0VEMNT OF JEDIUA PU3LIC ',f'01d'�S 3U!LDI!1G GROWDS11
i1T 5146 EDZ.i AVEIZU". 11jde presented Tabulation of Lids received Friday,
Sa,Dtei:.ber 11, 'Lop "Construction of Portland Cement Concrete Pavia., Concrete
?avin-,-, Portland Car:.,,L-at Concrete Curljin6 and Portland Girient Concret,�, Sidal"'alk for
t-ie Public ;ox;i.s Luilc,La, Si-ca at 5146 Eden Avenue. Tabulation showed Victor
Carlson & Sons, Inc. to be lo-w bidder at $34,950.50, .7oodrich Construct-ion Co.
sacond-low at $33,874.25, ��d Cx�own Sidi tie rc Coiipany, Inc., hi0i bic'Ldez- at
ti
X40,427.00. A sLL.i,;iaio-T of zite devaloyiient costs wao presented to Council, and
the recoiii7i,,.endat ion was fua? rejection of all these !)ids, and to rz-advertiae on
the basis of all bitui.iinous Surface axxcept the 1-.den Avenue driveway and liiUted
areas at the north of ti-ie buildin- for wash stEaids and if,aterial rock ilea (Above
bid
prices provide for bituminous surfacii-11- of automobile par;-,].n7 areas and
Portland Cer.�-.ant Surfacin- of drivaaays and material stora-e and handiin- areas),
aith Storrs; Sewer Extensions (estimated at $2,500.00), Sod and Plantin,,s (estimated
at $1,000.00) and Fla.- Pole (estimated at $350.00) to be done bar force account.
Mite told Council Lituninous 3urfacin,, of the entire area liz estil_ated to
cost some $12,003 lass than the bid price of $34,950.50 for combination paving.
,,juest-ions iurera raised 1)j the Council as to advisability of Navin;; this work- done
late in trio season, and 11;r. Hite replied lie feels that ilork, can safely be done
Y et this fall. VanVall's-enburo's motion, accepting; Public Uoeks Director's
J t�
racorxiendation for rejection of all bids taken Septei.-ber 11, and re-advertiseLiant
for bids on the new specifications recoi=.anded, with Storm Sailer Extensions,
Sod and Plantin-s and Fla,, Pole to be bj force account, was seconded by rdxe and
carried.
FEDERAL AVIATION AG--iTCY RFPOrT APPROULIG CONSTRUCTIO.1 OF AIG1:1-RISE TO'JERS 3Y DEVCO,
dated Au.-ust 13, 1964, and traiismitted to Council by 1faville Johnson & Thompson,
attorneys, T•as reviewed and ordered placed on file. This approval was one re-,Uast
made by Council in the rezoning proceedings for these apartr�:ents. Approval is
conditionedupon the buildirqs bein- obstruction li;;IIted in accordance 'Uith Federal
Standards.
';ORTHE.K.1 STATES POITZR COLL1T:D SE,'AGE PUZIPING COJLMUCT Ai'PROVLD. 1,equast of
1:orthern States Power Company for a contract coribininc- the several Villa_e contracts
for se-.zac'e purLpin- power into one docwaant was honored by i;iotion Tuda, seconded by
VanValkenbur:- and carried unanimously.
PETIT. ION FOR VACATMI OF ALLZY 13FT'.;EEJ '%T. 55TH AITD _',% 56TH STREETS LID BET' Ell YOPa
AITD ZJEJITH AVEJ1UES_ was presented and reviewed. Public ijearin„ on.. Petition for
Vacation was scheduled for 11onday, October 19, 1964, at 7:00 P.i1. , b,r mot.
J Ion Tula,
seconded by VanValkenbarZ and unanimously carried.
COLLICIL MIEDULES HEARIiIG Q'I PETITION FOR MHAIM" IT NX13 OF CLEVELLM AV17]AUE TO
"PAMKSIDE LAiE'l FOR OCTO3.r'._R 19. Petition for chanv-e in the Street i%lamo of Cleveland
Avenue to 11P!,-Zi,0,'1DE was reviewed, acrd Public Hlearin;; was scheduled for Nonday,
October 19, 1964, at 7:00 P.:1. , by motion Tupa, seconded by VanValk-enLur and
carried.
0-ILI.-LIG PETITIO14S ACCEPTED AND REMGM TO PUBLIC WORKS DIRECTOR rop, PROOr"MililiG
Clei, presented the followin3 Oilin.,1 petitions, which were ravielred aad, by I:Lotion
Tupa, seconded by Van.VaLcenbur, and carried, -.;ere accepted and raferred to Public
;;orks Director for pro;;rani:,in-.
JIT - "T.50-1-1 -tr__eto d be
1. OIL T-Allej, between .11.59t_'i and 1 L 0 an
Xer.-es aild Yo:ok, Avenues.
2. OTLI34G - Glas-o,., D5?ive from J.77ti- to `,0.731, Street.
_`?0ST & EiRiIST &4-271'LOY L] D AS AUDITORS FO.& VII-JLAG--':' RECO2DS OF 1964. Latter• fro"i-,
Lams J Evils t, Au:'itor. fro�? Vllla;,a records for a nuriber of years, was read.
Sor,.e discussion was had by Council, and VanVa_Lcenbur_ i,-.Ovad for of
j
Zr,nst & Ernst as 'udi-Wis for Villa 'o i n
li. �e records for lire cal ear 1964. "i t o
sacoarded b�r Tupa and carried.
j
I
I
9/14/64
2 21
Ci'LDL FOP, Cf,.OSSTO!iJ HICH'1AY FROL-11 T.'X.Ji, I'IGH,T"Y 100 TO TRACY
1 i VZ *: i Plan entitled "County State Aid xIi,,mray i1o. 62 bet-vreen 0.3 Liilas _1. of
Tracy Ave. arid Polf Ave-" and approved by State Aid Ens laear Jul, 13, 1964 as
I.P. 27-662-14:1 Minn. nn. SU 7550(1), eras briefly reviewed bj Council, having!)ean
i.-.ora tiiorouc-hly discussed on ilm ust 17. VanValkenburL offered the, followlin;�
-,solution and moved its adoption:
RESOLUTIOJ FOR GRADEJ APPROVAL
CROSSTO'.-1J HIGil'.1ZZ FROM 0.3 MILES ',,'-_ST Or
TRACY AVE X-1 TO 'LIDLF IWEAUE
ILI 4?1�7as for State Project 111o. 27-662-14 showin pro,�osied
profiles, -trades and cross-s-actions, to;�ethar witn s.;acificatio-,Lis
and s2ecial provisions for the construction of County-Stata Aid iii. h�_Iay A'0- 62
within tile limits of the Village as a Federal Aid 2roject have wean pre'Liarad
and presented to the Village:
11N, THEREFORE, IT iS RESOLVED: That said plans, specifications and
special provisions be in all things approved.
C,
Motion for adoption of the Resolution was sec p,�_ e Rollcall there
)I d d by Tupa, and on I
itere five ayes and no nays, as follows. __M Ian, aye; aye; Tupa, aye;
VanValkenbur-, aye; and Bredesen, aye; d tl,7Resolution rr adopte
pte
pte
AT TL'
ZIP,
ilayor
lyz
x
AG,U.J1'4'!EJT FOR DIVISION OF COST FOP, GRADING, ?AV!iTG, STOR7, SE,T R �'.iD 31"IDGES FOR
C
0 1—
- R'06STO,L1 -IGHUAY BET;IE`11 0.3 MILLS JEST OF TRACY AVi-.TIUE Aid) TRUIL: iU&-.6;AY 10.
100 i'iPPROV�D. This a�,raeiaent, entitled 11P,3reaiiient for Division of Cost for
Gradin--, Pavin;;, Storm Sewer and Bridges" had been thorouz-,lily reviewed at the
Council fleeting of Au6just 17, 1964 (See Page 189, this li-aute ;_took). 11r. Hite
presented it for Council action at this meeting, and VanValkenbur- moved that
Council enter into said agreement with Hennepin County, ancL that t1dyor and
,IanaVer be directed to sii;n agreement for Village of Edina. :lotion seconded by
Tu,)a and unanimously carried.
COUJCIL Di aIES PETITION FOR REZONING FROM OPEIT DEVE L OP i E"NT DISTRICT TO OFFICE
"UILDI-ITC DISTRICT.,, TRIANGLE BETWEE14 VALLLY VIE';T ROAD, 3ROOKVIEJ AAD 01i,LA;" IVE'TUE,-:
LOOKS TOIIARD PURCHASE OF PROPERTY.' Council reviewed Plannim, Coixiiissioa I s
oe.ptembev 2nd recommendation relative to the Petition of Paul 11ans for the P.azoain-
froi;i 0,)en Development District to Office Building District of tne open triangular
tract on Valley View road between Oakiwan and Brookview Avenues. iIitl-i the holp
of visual aids, Council was acquainted with the site, in relation to the land use
of surroundin,., properties. Tract is located just north of eiJit-unit and fourteen-
uait a
partiaeat buildings, west of a five-unit buildinv , east of a �iasoline station
and south of a residential area. Planning Commission's ra- couun,.:mdat ion _11az for
Cowicil consideration of doing ,,ihatever is necessarly to kaep this tract as an
open area, and if this is not possible, Consideration for the ,roposaad ile(_'Iical
-jlanz for •hic'A were shown at Zieetin_-. ilanaer .i,rde told Council tare
Cost Of tlllt-_ --Dro')art, uill be hich, 1)ut it is Lalievad tiQ t-_r,act --liould j,a rialntalaiau`
a i�-trl trirarl;_le i.L7 at all possible. VanValkenbur - 13 r,-.,otion, tii,�t Council deny
;petition for razonin-�- and look into the possibilit-,, of acluirin,; the !Lad2 1.!aS
s. COT-I,: L-ad !.)y ile:e and Carried.
Pi]PIT10ii 1i0T FACIAli O.T PI-ZSCOTT CIRCLE RATHER TIHAif 3LVD. i_L-) 231:1
Fj::Jdf W,`,0 Vlii,Ii�[CL To 23 FEET TO HAVE iMrUIiiG OCTO,_JAE' 5. Council revi&,,reru Planriiia_
Coii,iais.,�ionls Saptew;jedr 2nd recommand-ation, favorable to the petition of ilr. Gaor
D. And-arson, 20 1,.1oodland Road, for permit to construct a home on the .11/2 of Wt 9,
Rancho Audition facin Prescott Circle rather than Interlachen Blvd., and for
a variance parmittim, a front yard of 23 feet, rather than 30 feet re(juired 1);
Ovdinance. '-1aarinL �uas set for Monday, October 5, at 7;00 by motion Riz_e,
seconded by AacLillan and carried.
SCnEDULED TO_1', 9CT03!'R 5 OjT C.i% LAUGIILIIT RL,'�ULOST FO,:, SIDE YA10
F,D,cll GAIRAG'_ AT 4519 AaD_S.'T AVE'1UE. This request, for periiit to construct a double
co tArae feet of side lot line on Lot 9, Block 2, Country- Club
District, Fairway Section, was presented carryi:a6 Plannin- Conmission's Soepteitar 2nd
favorable reco7ziandation. Public Hearing on request was set for londay, Uctober 5,
at 7:00 by motion 1`1,ixe, seconded by i1aclelillan and carried.
LII-11,1'1,Y PLAT' APPROV1,D. The followin-, three Preliminary Plats, carryin-- Planning
Coiiiiai.,i_-ion's unr4ualified recormendation for approval, were prasented for Council
consideration; After Council review. VanValkenburg moved that Preliiainary Plats
i).-- a jrovad. Notion seconded by llacllillan and carried.
1. SlkE.-UDDA iZRT ADDITION - 23-acre tract on East side of Olini ar goad and .1.621-id 'Ot.
2. LOT DIVISIOA OF R. L. S. .2,11. - Corner 1A'.-1Lllside-LijrL_-rick Lanes and
ACT C_, FELL!
.70tH St. Three lots fronting on T .70tii St.
3. ACRES,_ LIIIIG REPLAT - 3-lot subdivison between 1L1 &S Pailroad and Hansen .1-2.
222
PLA.1 APPROVAL BY 2L-iLLM10 C0,414ISSM4 OF RAU'XAiHO,-RST
PROPOSAL FOR Zc12IitF, ?iiOT) r'l'- SOUS '!D .6UILDU1G ON TRACT G, P.. L.5.1129 was reviewed,,
�s a part of Plannin, Comaiission action September 2. 110 Council action necessary.
9/14/64
PJjAJi!IiiG CO'liISSIWS GEIIE—L APPROVAL OF PLAil FOR LE NAUR, Il:C. CMIETIC PLAaT
OAT LOTS 8, 9, AJD 10, BLOC.: 3, EDIJ-JA INTERCHA;1GE CZi1TEP% was ravia'aad and briefly
discussed. 1;o Council action necessary.
GEJERAL r10TO.RS COM'11.0YIS VA-01'IAITCE FOR 50", -UILDIiTG COVERAGE OF LOT AREA TO BE
I;T -LIC
RZFE.RRED SACK TO PLL`,T;TIJG CO,'Z1ISSIOT AS RESULT OF %SUFFICIEJ JOTICE OF PU
riR 1,T
G Oil VARIAUCZ. liana -er Hyde read to the Council a raen,iorandum. from General
;Aotors Attorney, sayin:
, twat in his. opinion the LrantinZ of variance was not valid
Decause of insufficient notice ;riven. 1•11r. Heyde told Council the Cot.,?any -.All
..jaar 1rafore the nem.t plannia- COMLLISSIon Meetin- and that the aatter will be
on tha a&enda for Septeid%ar 21. VanValkenbur.-s motion, reco,.,,nizin', Clerk's
arrox- in not posting i,otice of 11-1.aaria,, Emd refdrrin- General ANotors rec,u,2.'st bac1c
to Plai-min. Co,..Lissioa, was sacoaded by Ilixe and carried.
VILLAGE r-PlUICIPATiOli IJ CGUATY kTURSING DISTRICT APPROVED FOP YZAJ:-1' 1965.
Ruilal oclanne,�,in County i.aisiaL District's annual letter, relative to V'Llla_e parti-
ci.)ation for the aasuia.-;,1 year,, was received and revie,.-:Qd. iit a qaestioa from the
,-1ayor as to leaat choice t:-Ie Villa -e lias in tail i,tatter, :Iiana--ar I-iydo- reported that
Ldina could eLLD10J its 0'un nurse, Uut that this would be )-,Ora ex lapse than the
26-1/2� per capita ($7,552.77 based on 1960 -jojulation of 23,501) which wa now
pal. VanVaBcanbur- then offerc!a the follouin-, 2,osolutiozi and i,,iovad its adbition:
IJI
1:,Z60LUTIO,'d FOR EDLLIR PARTICIPi310.1 IJ
i,UaAL r'121,1,11.01A COJATZ rlUR61,IG DI6T:',ICf
FOR CALEI-4DAk; YEAR 1965
AS , pursuant to Jinaesota Statutes, Sections
145.06 and 145.12 ,jrovisioa
leas been :-ade for a public health nursinL district in that rortiorl of kien"aAn
,-r J )olis, and
Count, outside tha City of , Ur maa.L
.1hERE.L,;, pursuant to such authority such a public healta nursin,,,, district has
been or.anized and has !jean in operation for several years, and
I VaIREAS, it is deei.ied necessary to continue the operation of such nuiosin6
district and to proiride it with adequate funds for its proper o,;aration.
110,11:- T,,EREFW,,�E, .6L IT RESOLVED BY ThE GOVEMING BODY Of TfiE VILLAGL OF LDI,,"%
that this political sulidiviaion continue to be included in the public health nursinL-,
district of rural Hennepin County, orLanized on January 4, 1952: that it participate
in the benefits thereof; and that it aZrees to support on an apportionwant basis
its pro rata shave of the cost of the administration of such district provided,
however, that for the period of January 1, 1965 through Decai,Zber 31, 1965, this
cost shall not exceed 26.5 per capita on the basis of the official 1960 Federal
Census.
3E IT FUIRTHLi� �Cu:,-OLVLD, that this resolution shall be deemed an a; -raai.iant to
z a I
continue to participate in such nursin.- district on tLIe basis hereinbefora Sj?aci-`Had
I;)
with all other political subdivisions ado,:,tin6 siwilar resolutions.
:lotion for adoption of the Resolution was seconded by RN*-,e, and on Rollcall there were
C,
five ayes and no nays, as follows: 11acl•illan, aye; .1a. aye; Turja, aye; VanValkenbur-
aye; and 3redesen, aye; and the Resolution was ado, ed.
iayor
otilage Clerk
110KIIAGSIDE PULLIC SAFETY CO,4TicACT TO l;Z ON LfLi; biiSIS FOR POLICE; S!;RVICL: E!.h;R(3L1.CZ
CALLS TO BL $40 EAU: F! ' tiZ 6-L E UIC LLFT OPLIi FOR 11WWLIGSIDE ACTIO,,T. Ar. hyde raZiortea
to Council treat the new for;.-4ula of Ldinals dill Rate for 'public Safety 10'0, as applied
to Aornin-side valuation is too expensive for Iornin&side, working out to about $17,000;
that he has been requested to ask if Council will furnish Police Service at this formula,,
, lAich would amount to about $9,000 for Aornin . side, or if Council would accept a
i-iorningside contract for Police, Fire and EmerZencj Services at $14,000. 111 gqy-or Bredasyn
as Mmin7side s
told Council he cannot justify Edina's taxpayers paying the saze amount/lor -Che strvice
Edina provides. Trustee asked who will pay the $17,000 if 1ornia,,side doesn't,
and it was noted that at least part of this cost must come from Edina. thea
su.-gested that Edina enter into contract with 11ornin-side for the Police service on the
formula su„,_,ested, Nita Fiia Sarvica open for theit. to co,.Le in next yea-r. Finance Director
Dalen reminded Council that there are also soy.-ia fixes costs for the fire D
s 1: � orni.,
-ihather or not -Itornin-- ide uould ra-ceiva so vice. he addwa� that, should � 1 -i-aide
have a bad lira year, 11*diva would not bran: z even, but thi:.t on an avora--e yaar Edina
;;oula :ba anead, siiould accept :oraia ,zida l a o` fax, of $14,000 for '4Jota Police. and
Fire service. 1-dxe tk-laa moved tiiat Ldiaa enter into contract with for
''Polka Siar-vica at :Lill r--ca 1u6 10v ait,i calls to be 11*40.03 X`ar
Call, an6l that the Fire L-AL:•vica ba laft o.sdi-i for k,ornin;,side -Co aitliai, E,cceit or reject.
.Aotion seconded by VariValicenbur, and carried.
I
0
I
9/14/64
223
TU L_ DEFERRZD TO 1965. ,eporti.i,J that tlrae Police Car-; ill
tR:: loilr;a'e ran"a wihara they snould be replaced, lanavar iIycte told Council that
L�" that bids sihoulcl. ue taken now, but that iircause tilel'e has L� �it OI. Y
thaz this is not a food tiiue to bid, he Gould recouuliand tilat aids on tie
tui ac Gems ua deferred to January or February, at wiiicil time bids would bL tatc`-:li
on si.c that this year's i udget ap.drovi�iatior� for police veiziele rayllace-
Went would by reserved for early 1965 purchase. Keco -ili mendatiolh inlet with gLneral
approval of Council, and it was informally so ordered.
i'yL L3Ulw —Rts .[tiPORT AED LIQUOR FUi3D STATENLi4TS, foraarded to Council last Friday,
;L; e a,_pr•oved and oruered placed on file.
CL;�Ii15 PAID. Tupa's motion, for confirmation by Council of payment of the follotrin,
3/24/64 - To Texaco, Inc. - $1,125.47 - General fund
anu 3/26/64 - To City of I-Ipls.- 97.25 - ;,,ater Fund
and for payment of the following Claims as per Pre -List dated SeAainLer 14, 1964:
Caneral Fund, $26,081.77; Construction Fund, $15,388.75; Fark, Part; Construction,
317ilm Pool and Golf Course, $64,489.12; llaterwor;cs Fund, $8,075.73; Li,juor Fund,
:209,691.90; Sewer Rental Fund, $2;393.53; P.I.P. and Poor Funds, $1,571.47- -
TUTI%iL PxrtS -LIST, $327,692.27 -- was seconded by iixe and carried.
'iiiis ;lieatin�'s agenda's naving been covered, Tuoa moved for adjournment. notion
seconded icy VanValkenburu and carried. Adj r i:ient at 10:50 P.iI.
Village Clerk
C.�
V MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL, HELD MONDAY,
SEPTEMBER 21, 1964, AT 7:00 P.M., AT
THE EDINA VILLAGE HALL
Members answering Rollcall were AacMillan, Tupa, VanValkenburg and Bredesen.
I4SINUTES of the Regular Meeting of September 14, 1964, were approved as submitted, by
motion VanValkenburg, seconded by MacMillan-and carried.
HEARING Oil FENCE IN BOULEVARD AT 5501 HANSEN ROAD CONTINUED INDEFINITELY, FOR
ORDINAITCE RELATIVE TO ALL STREET OBSTRUCTIONS. Mrs. Stuart F. Atsatt, 5501
Hansen Road, and her attorney, Mr. Klaverkamp, attenaed the meeting to hear Council's
disposition of the order by the Village Building Inspector for removal from the
Village boulevard of the Atsatt's swimming pool fence; this fence being five feet
outside the Windsor Avenue curb line. Village Attorney William W. Whitlock advised
the Council-that while Minnesota law is not as clear as it might be, it is his
conclusion "that the Village has the right to regulate the use by the abutting
owner of the boulevard area of the property in which the Village has an easement
for street purposes provided the Council finds that the abutting owner's use interferes
with the use of the traveled portion of the street." He added that the Statute gives
municipalities the power to regulate the use of streets and other public ground's, to
prevent encumbrances or obstructions, by ordinance, but there appears to be no Edina
ordinance which implements this broad grant of power to order removal of obstructions
or encumbrances; that there remain two courses to follow to have the fence re,iioved,
if Council wishes to so act: 1. A civil suit in ejectment to recover possession of
the boulevard area, or 2. Criminal proceedings alleging a violation of ordinance
No. 142, Section 16- -but, that in his opinion, a more satisfactory solution of the
overall question of the use of boulevard , are is the adoption of an ordinance
iiliplementing Minnesota Statutes Section 412.221, Subd. 6. Mr. Klaverkamp told
Council that the Ataatts had made an effort in this particular situation to keep
all Villabe ordinances; that they have been willing, since iir. Smith wrote them, to
remove the fence if there is any real reason to do so, but that the fence does not
interfere with the travelled portion of the street; that they feel there will be
no problem with snow removal, and are perfectly willing to wait and see what
happens on snow removal; that the Atsatts would have to go to great expense to
remove the fence, and that there is no clear -cut law which states they must do so.
He added that what the Atsatts do not like is the complaint by a neighbor who does
not even live on the street. Claim had been made by the Atsatts that "someone in
the Village Hall" had approved construction of the fence in the boulevard; and, at
Mr. Klaverkamp's statement that it was thought to be Mr. Waldo Wegner, former
Village Engineer, Manager Hyde read a letter from Mr. Wegner, disclaiming any
such approval. Mr. Hyde explained that the pool permit had been taken out by the
swimming pool contractor, who has never called back to say the pool was finished,
and that pool has thus had no official inspection. Mrs. Atsatt stated, however,
that someone had been out to inspect the pool after it was finished. Mr.
Klaverkamp presented a petition, signed by nine Windsor Avenue neighbors of the
Atsatts, assenting to the fence's present location. Some discussion was had on