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HomeMy WebLinkAbout19651101_regular11/1/65 MINUTES OF THE REGULAR MEETING OF THE AT THE EDINA VILLAGE HALL EDLNA VILLAGE COUNCIL, HELD MONDAY,,NOVEMBER 1, 1965 ROLLCALL was answered by Members MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. MINUTES of the Regular Meetings of October 4 and 18, 1965, were approved as submitted by.motion VanValkenburg, seconded by Rixe and carried. PUBLIC HEARINGS HELD ON VARIOUS STORM SEWER IMPROVEMENTS . of Publication in the Edina-Norningside Courier on October 21 and 28 and Nailing on Clerk presented Affidavits October 22, 1965, Pursuant to due notice given, Public Hearing was conducted on the following proposed improvements, and action was taken by Council as hereinafter recorded: Affidavits were-approved as to form and ordered placed on fiie. A, CONSTRUCTION OF STORM SEWER on an easement line from East Sunnyslope Road to a point in Lot 13, Block 1, Sunnyslope Section, Country Club District, said point being 45 feet West of the East line and 65 feet South of the North line of said Lot 13. Total estimated cost was. given by. Mr. Hyde at $4,689.58, with an estimated cost per . square foot of $0,0263. Mrs, Clarence Mann, 4805 W. Sunnyslope Road, stated that she had purchased her property in 1953 and that pumping had been necessary whenever there had been a sudden thaw. This past spring, Mrs. Mann stated, she had three pumps running twenty-four hours a day in an attempt to keep water out of her basement. Mr, A. I, Raugland, 4821 bl. Sunnyslope Road, presented an unsigned statement against the proposed storm sewer and stated that while he sympathized with Mrs. Mann's predicament, he did not believe that the proposed storm sewer would alleviate her problem because her lot is lower than the creek and because there was not sufficient slope to provide adequate drainage. He stated that Mrs. Mann's house had been built at too low an elevation, he had made on his property shows that his water does not drain to 'Mrs. Mann's property and that he would oppose being assessed for the storm sewer. that the design should be checked to determine whether or not some less expensive solution could be found. proposed storm sewer would not function properly due to the fact that it is to be constructed above frost line and that it would become plugged with icer Mr. Hite stated that storm sewers of this type were €unctioning satisfactorily in many areas of the Village but that they do .require special maintenance procedures. Mr. Thomas Hays, 4809 W, Sunnyslope Road, owner of Lot 12, stated that he was in favor of the storm sewer, assuming that it will provide the anticipated results. Mr, S. G. Pearson, 4816 Woodhill Way, owner of Lot 8, questioned the fact that his property drained toward Mrs. Mann's property, flow of water. been satisfactory because of the fact that they often filled with snow which served to hold back the water, that water from his property flows west and that he, therefore, does not feel that he should be included in the drainage area. grading areas farther to the south in order to divert the water into the street before it reaches a low pdint might be considered, but that this would require the cooperation of all property owners. agreeable to meet together to investigate the possibility of sharing the cost of soil. tests and possible methods of diverting the water before it reaches Mrs. Mann's property, VanValkenburg's motion that the matter be referred to the neighborhood was seconded by Tupa and unanimously carried. Mr. Raugland further informed Council that a survey which He further suggested Mr. Raugland also stated that it was his opinion that the 9 He suggested that a ditch be dug to take care of the Mr. Hyde replied that experience of the Village with ditches had not Mr. C. J. Duffey, 4812 Woodhill Way, owner of Lot 7, stated Mr, Hite stated that the possibility of Those in attendance at the meeting indicated that they were B. north line of Lot 2, Block 1, Bings 1st Addition, north to the north line of Lot 2, Block 1, Bings 1st Addition; thence west along the north line of Lot 2, Block I, Bings 1st Addition a distance of 100 feet west of the east property line; thence northwesterly towards a point in the north line of Lot 1, Block 1, Bings 1st Addition said point being 15 feet east of the northwest corner thereof a distance of 70 feet and there terminating. Total estimated cqst was given by Manager Hyde at $5,964.62 to be assessed against an estimated aquare footage of 155,086 at an estimated cost per square foot of $0.03846* the proposed storm sewer was presented to Council, Mr. Graham Hughes, 4217 Valley View Road informed Council that water had seeped into their basement for the last two years, and that he has been told that this problem had existed before he purchased the property, condition was constructed and provisions made at that time. spent $1,300 in tiling since last spring and plan to bank two feet of black dirt around the house in an effort to stop water seeping into their basement. CONSTRUCTION OF STORM SEWER in Valley View Road from a point 80 feet south of the A petition, signed by eleven property owners, opposing Mr. John Keprios, 6325 Brookview Avenue, stated that there is no chronic and that the drainage problem should have been anticipated when the house Mrs. Hughes stated that they had Mr, Hite informed Council that he is He stated that Mr. Mr. Batko had gelt walls . not convinced that a storm sewer would alleviate the Hughes' problem, Batko had gone out to see the premises during a heavy rain and that that the water comes into the basement through the floor and the . ed i 11/1/65.' ' Mr. Hite also suggested Mr. Hughes' floor drain that a tile in the Hughest backyard is possibly connected to which could be compounding the situation, Mr, Hite stated that he is of the opinion that draining the surface water will not help. that if the corrective measures recently taken by the Hughes do not help, the matter can. be again brought to hearingr He stated, however, C. Road to State Highway Department-new Manhole #l to be constructed in future. Hyde presented estimated total project cost at $4,732 b20 to be assessed against 430,166 square feet at $0.011 per square foot, needed in this area and that the State of Minnesota has agreed to pay approximately 85% of the total cost. improvement had previously been assessed at approximately 0;94 per square foot which represented their share ofthe large main Constructed from the cloverleaf east to Lake Cornelia, Mr. Clarence Johnson, 5105 West 62nd Street , stated that he had purchased his lot seven or eight years ago and at that time had thought that the lots along Valley View Road were too low to be developed for houshg. feels.that the State should-pay the entire cost because before the Crosstown Highway was built, there was a deep valley to hold the water. storm sewer will not serve the purpose for which it is intended; Frank R. Cardarelle, 6117 Vilryan Avenue, stated that his property was not flooded last spring, but that he has trouble whenever there is an especiaUy heavy rain, He produced pictures showing extreme extreme flooding on July 9, 1964, and stated that he is in favor of the storm sewer. Hr.rEdward J, Strobel, 5100 Roberts Place, stated that since the time'the above- mentioned pictures were taken two storm sewer inlets have been installed in front of his house by the State Highway Departinent, He was assured by Mr. site that if his water did not drain toward the low spot, he would not be assessed for this particular storm sewer, Joseph J, Wicka, 6120 Wilryan Avenue, who lives across the street from.Mr. Strobel, stated that the water backed up his driveway from the street and around into his backyard because all of Vilryan is draining past his property, two new sewers would take care of this matter, subject to checking drainage areas, and moved its adoption: CONSTRUCTION OF STORN SEWER FROM intersection of Nest 62nd Street on West Frontage Manager Mr, .Hite stated that the storm-sewer-is-badly He further stated that properties proposed to be assessed forthis He stated that he He fwther feels that the proposed He was told by Mra Hyde that the Tupa then offered the following Resolution RESOLUTION ORDERING * STORM SEWER INPROVEMENT NO. 97 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvement : 1. CONSTRUCTION OF STORM SEWER AND APPUR'IENANCES IN THE FOLLOWNG: I From intersection of West 62nd Street or Vest Frontage Road to State Highway Department new Manhole #1 to be constructed in future, and at the hearing held at the time and place specified'in said notice $lie Council has duly considered the views of all persons interested, and being fully advised of said improvement, and said improvement is hereby designated and shall be referred to in all subsequent No. 1 above STORM SEWER IEQROVEIYIENT NO. 92 proceedings as follows: ... and the areas to be specially assessed therefore shall be as follows: For Storm Sewer Improvement No. 98 - Lots 1, 2, 3, 4, 5, 6, Block 3, I-iikulay's Addition; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12s 13, 14, 15, Block 2, Mikulay's Addition; Lots 1 and 2, Block 1, James A Roberts Estate; Lots 1; 2, 3, Block 2, James A, Estate; Parcels 2900, 3000, 3700, 3900, 4000, 4800, Sec. 33, Tr 117, R, 23. Motion for adoption of the Resolution was seconded b all voted aye and the motion was unanimously adopt Roberts Estate; Lots 1, 2, 3, 4, 9, LO, 11, 12b 13% 14, 15b Block 3, JmkS A, Roberts Valkenburg and on Rollcall & P FGi- ' 1 ATTEST : f4ayor llage Clerk J SPECIAL ASSESSMENT LEVIED FOR INPROVEMENT NO. 765. improvement for removal of a house at 5820 St. Johns Avenue was continued from the Council Meeting of October 18, Mrr whitlock reported that in checking "the Statutes, he found that assessment must be limited to $100, .and moved its adoption: 14r. Hyde informed Council that this 1 Rixevthen offeredsthe following Resolution 11/1/65 I' RESDLUTfON ADOPTING AND CONFIRMING 11 ASSESSMENT FOR IMPROVEMENT NO. 765 S I BE IT RESOLVED by the Village Council of .the Village of Edina, Minnesota, as follows: I. The Village has given notice of hearings as required by law on the proposed assessment rolls for the improvement hereinafter referred to, and at such hearing held on November 1, 1965, has considered all oral and written objections presented against the levy of such assessment. of the Village Clerk for Improvement No, 765 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and said assessment is hereby adopted and confirmed as the proper assessment on account of said respective improvement to be spread against the benefited lot described therein. The assessment shall be payable in five equal annual installments, the first installment to be payable in 1966, and all unpaid installments shall bear interest at the rate of 6.05% per annum. The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessment, with each then unpaid installment and interest set forth separately to be extended on the tax lists of the County in accordance with this resolutionb The Clerk shall also mail notice of any special assessments which may be payable by a county, a political subdivision OP by the owner of any right-of-way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, if any such assessment 5s not paid in a single installment, the Village Treasurer shall arrange 2, The assessment as set forth in the assessment rolls on file in the office 3. 4, 5b for collection Motion for the voted aye, and ATTEST : thereof in installments as set forth in said section. adoption of the Resolution by Tupa and on Rollcall, all the Resolution was adopted. 5205 HALIFAX AVENUE GARAGE SIDE YARD VARIANCE APPROVED, request of Florence B. Morrison, 5205 Halifax Avenue, for garage side yard variance. Mr. Fredlund presented Mrs. Morrison's request was to extend the nopth side of her garage to 3'2" from the property lineb approval, unanimously carried. No objections had been expressed and Planning Commission had recommended VanValkenburg's motion granting the variance was seconded by MacMilLan arid 4705 SCHOOL ROAD SIDE YARD, VARIANCE APPROVED. Request of E. V, Comstock, 4705 School Road to extend living quarters over the garage was presented by Mr. Fredlund, property owner to the west has granted written concent. approval, as recommended by Planning Commission was seconded by Tupa and unanimously carried. YORK AVENUE- CUL-DE-SAC VACATION DENIED. has been unable to come to mutually satisfactory terns regarding the extension of York Avenue over a private easement retained by the Misses Pearce, he feels that the Village has no obligation for installing the curb cut requested by the Misses Pearce, of whether a property owner, by reserving private easements abutting to a public road, can frustrate the Village's own road plan to separate retail commercial traffic from a residential area. willingness to the Misses Pearce that if Cassin's Outlot is developed for office or residential use, there would be no objection to extending York Avenue so as to serve that property, Mr. Whitlock recommended that until the matter of use of the property is determined, that the platted cul-de-dac in Cassin's Replat not be vacated, accept the recommendation of Attorney Whitlock for denial of the vacation of the York Avenue cul-de-sac was seconded by Tupa and unanimousLy carried. The VanValkenburg's motion for Attorney Whitlock reported that the Village He stated that Mr. Whitlock stated that the main problem involves 'the question Mr. Whitlock .further stated that the Village has indicated a There is presently access to the property from the south on 66th Street. VanValkenburg's motion to JAMES GRZESKOWIAK, JR., PETITION FOR STORM SEWER DENIED. of James Grzeskowiak, Jr., 4600 Meadow Road, for storm sewer to serve Lots A,and €3 R.L,S, 111. Mrb Grzeskowiak stated that Lot B was not buildable because of the amount * of water covering it, Mr. Hite stated that a preliminary storm sewer plan had been worked out but that it would have run 13e per square foot which would have been too costly. Last spring it had been proposed to drain the water by pipe south to White Oaks Meadow, but it had been felt that this would aggrevate the situation there. Mr. Hite suggested that it is probably being brought up at this time because the property was recently assessed for sanitary sewer and watermain, stated that he had been out of town and unable to attend the assessment hearing, Mr. Hite suggested that the matter be deferred for a few years, at which time it might be possible to tie into a storm sewer on Sunnyside Road. khen assured by Mr. Hyde that the Village would pump if it reached the point where there was danger of water getting into his basement, Mr. Hite presented request Mrb Grzeskowiak Mr. Grzeskowiak was 11/1/65 I TELEVISION'AND RADIO TOWER ORDINANCE TO BE STUDIED. received letters from residents in Southdale First Addhion protesting an amateur Mr. Hyde stated that he has ham radio antenna which is 40 to SO feet high. that nothing coald be done without an ordinance. called the League of 3iunicipalities and that they are going to send him copies of any such ordinances that they have on file. ANNEXATION OF VILLAGE OF MORNINGSIDE TO BE CONSLDERED. was a petition signed by 164 voters of the Vil1,age of Morningside requesting that proceedings be started by the Minnesota Municipal Commission to determine whether that Village should be annexed to the Village of Edina. It has been requested that Council consider a resoLution indicating that, if the Commission orders the annexation and calls an election in Morningside at which a majority of voters would approve, Edina will accept the annexation. stiated that the most immediate problems facing Morningside is the necessify of installing storm sewers at an estimated cost of $160,000, and installation of permanent surfacing of approximately five miles of streets. Council the facts that Norningside is using Edina Police protection, Park and Recreational facilities and that both municipalities are in the same school district. Mr. Hyde stated that Morningside's population is approximately 2,000 and that this increase in population is no more than the equivalent of Edina's normal 1-1/2 year's growth; therefore, no additional tax rate would be anticipated. municipal assets of Morningside which wobld include a truck, street sweeper, a tractor, Weber Park, a $26,000 building used as a'meeting place, park shelter house and garage. Morningside has no general indebtedness and $62,000 of special assessment debt . Cash in the amount of $25,000 to $50,000 would probably be turned over. Mayor Bredesen stated that it should be made clear to the pe9ple in Morningside that they will have ao pay for any services they receive. and that for this reason he believes that a tax raise is very possible. that he is not willing to burden Edina taxpayers with any addLtiona1 expense incurred by the annexation of Morningside. the annexation, a statement should be put out which would spell out the facts and the obligations of both municipalities. further at next Council Meeting after Council has had an opportunity to study the mem6randum presented by Mr. Hyde was seconded by Tupa and carried. Concensus of opinion of Council was Mr, Hyde stated that he had already Manager Hyde reported that there Mr. Hyde, in briefing a written memo to the Council, . Mr. Hyde recalled to Edina would gain He felt that Morningside has required minimum services He further stated Mr. Hyde stated that in the event that Council approved ' VanValkenburg's motion that the matter be discussed PETITIONS REFERRED TO ENGINEERING FOR PROGRAEIl4ING. by Tupa and carried, the following petitions were accepted and refepred to the Engineering Department for planning: Permanent Street Surfacing, Curb and Gutter for Edina Grove Subdivision Permanent Street Surfacing, Curb and Gutter €ro Scriver Road Sanitary Sewer and Watermah to serve Lot 2, Block 1, Mallard Manor, 2nd Addition. By motion of Macl4illan , seconded 1. 2. 3. NE11 HEARING'DATE .SET FOR SPECIAL ASSESSENT FOR SANITARY SEWER NO. 226. Mr. Ernest Bundgaard, 4912 Rolling Green Parkway, appeared 30 protest the Village's acceptance of a Non-division of Property Agreement signed bi Mr, Robert W. Carlson, 4904 Merilane because of the affect of this agreement on the sewer assessment. that the Assessment Hearing for Sanitary Sewer Nor 226 had been continued from October 4 in order that Mr. Bundgaard could obtain advice of counsel. Tihitlock that notice of new assessment hearing be sent out, VanValkenburg offered the following Resolution and moved its adoption: Mr. Hyde explained Upon advlce of Attorney RESOLUTION PROVIDING FOR .. SPECIAL ASSESSMENT HEARING SANLTARY SElJER NO. 226 BE IT RESOLVED by the Council 0% the Village of Edina: 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the Form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. Edina Village Hall, to consider in public hearings the views of 811 persons interested in said proposed improvements, said meeting to be in accordance* with fons of Notice 2. This Council shall meet on Monday, November 25, 1965, at 7:OO P.M., in the I of Hearings hereinafter set forth. .I. 3. The Clerk is hereby authorized and directed to cause potice of the time, place and purpose of said meeting to be published in the official newspaper once a 'neek for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting and to mail notice to owners of affected properties not later than ten days before date of said meeting, which notice shall be in substantially the following form: I A 11/1/65 ,j 253 NOTICE OF RE-HEARING ON ASSESSMENT FOR SANITARY SEWER IMPROVEMENT NO. 226 \ EDLNA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday,' November 15 , 1965, at 7:OO d'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for the following improvement. in the office of the Village CLerk and open to public inspection. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN : This assessment is now on file Rolling Green Parkway from Interlachen Blvd. to 200 feet North It is proposed to assess the cost of the above improvement by one of the two plans -- listed below. hearing . The detemhation of the plan to be used will ROLLING GREEN ADDITION Lot 24, Parcel #/2910 Lot 24, Parcel #2928 PLAN NO. 1 - $2,343.26 - Sanitary blacktop - $2,343.26 - Sanitary blacktop PLAN NO. 2 CARLSONS PARK ADDITION Lot 6, Block 1 - $1,707.11 - Sanitary blacktop ROLLING GREEN ADDITION Lot 24, Parcel #2910 Lot 24, Parcel #2928 - $1,707dl - Sanitary blacktop - $1,707*11 - Sanitary blacktop be made at the November 15th Sewer including replacement Sewer including replacement Sewer including replacement Sewer including replacement Sewer including replacement Assessments for the above improvement will. be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1965 payable in 1966, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1966. To each subsequent installment will. be added interest at the same rate for one year on a11 unpaid installments. of the assessment without interest to the Village Treasurer on or before December 15, 1965, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL The owner of any property assessed for the above improvement may pay the whole Florence B1 HaZlberg Village Clerk Motion for adoption of the Resolution was and on Rollcall all voted aye and the Resolution was adopted. ATTEST : I -__- - . - Mayor - - .--. - YL A. 7YQg/.L&ed Village Clerk SPEED LIMITS ADJUSTED. Works Department are in accord that a resolution be sent to the County requesting that speed limit'on France Avenue from 60th Street to the South Village limits be reduced from 40 to 35 miles per hour and that speed limit on Interlachen Boulevard from Bywood West to Blake Road be increased from 30 to 35 miles per hours. VanValkenburg then offered the following Resoluihon and moved its adoption: Manager Hyde reported that *the Police Department and Public . RESOLUTION REQUESTING HENNEPIN COUNTY TO CHANGE SPEED LIMITS ON FRANCE AVENUE AND INTERLACHEN BOULEVARD WHEREAS construction of nevt facilities has caused additional traffic on France Avenue, South from West 60th Street to the South Village limits, and 'WHEREAS Interlachen Boulevard between Bywood West and Blake Road is pr5mariJ.y bordered on both sides by the Interlachen Country Club and no cross traffic involved, NOW, 'THEREFORE, BE IT RESOLVED that the Edina Village Council request the County of Hennepin to reduce the speed limit on France Avenue, south from W, ,60th Street to the South Village Limits from 40 to 35 miles per hour and to increase the speed limit on Interlachen Boulevard between Bywood per hour. Motion for adoption of the Resolution as by Tupa and on Rollcall, there were five ayes adopted. , West and Blake 'Road from 30 to 35 miles * offered by VanValkenburg was seconded andflays and the ResoLution was Mayor EDLNA TO PARTICIPATE IN METROPOLITAN TRANSIT AGENCY. Manager of Council for the Village to participate in the contemplated of the Citizens League of Hennepin County. seconded by Rixe and unanimously carried. Participation was Hyde requested permission bl et ropoli t an Transit Agency approjed by motion Tupa, 11/1/65 VANVALKENBURG TO REPRESENT EDINA AT TWIN CITIES METROEOLITAN PLANNING COMMISSION MEETINGS. Mr. Hvde informed Council that Edina had been invited to send a representative to the new Twin &.ties Metropolitan Planning Commission meetings. Purpose of- this group would be to serve as a sounding board for the interested fnunicipalities, and representatives should have a knowledgekdile background and experience. that VanValkenburg be appointed as Edina's representative was seconded by MacHillan and carried. Rixe's motion AUTHORITY GRANTED TO ADVERTISE FOR BIDS FOR WATER METERS. Mr. Hyde requested authority to advertise for a three to four year supply of water meters, to be pdd fbr as needed. MacMillan's motion for approval was seconded by &e and carried. WALTER H. MEYERS SUIT FOR DAMAGES REFERRED TO INSURANCE COMPANY. that notice of a suit for damages had been received resulting from the automobile Mr. Hyde announced driven by Walter H. Meyers falkg into a chhck hole in front of the Normandale Texaco Station, the notice of suit has been referred to the insurance companyr This property is believed to belong to the State of Minnesota, but COUNTY ROAD 18 AND 39 (VALLEY VIEW ROAD) INTERCHANGE PLAN APPROVED. Mr. Hite stated that the County had submitted revision of plans for the intersection at Valley View Road and County Road 18. These plans have incorporated suggestions offered by the Park Board with the object of creating a satisfactory entrance for Braemar Park in mind. is necessary to determine right-of-way so that plats can be approved. then offered the following resolution and moved its adoption: Mr. Hite stated that this work could not be completed for some years, but it VanValkenburg RESOLUTION APPROVING PLANS FOR INTERSECTION OF COUNTY ROADS 39 AND 18 WHEREAS the :Hennepin County Highway Department has prepared plans for the improvement of the intersection of County Roads 18 corporate limits of the Village of Edina, and preliminary layout and 39 within the WHEEAS said plans are on file in the office of the Hennepin County Department of Highxays, Hopkins, Minnesota, being marked, labefed ad identified as Layout D, and WHEREAS copies of said plans as so marked, labeled and identified are also on file in the office of the Village Clerk, NOW, THEREPOI&; BE IT RESOLVED that copies of said plans for the design of said interchange within the limits of the Village of Edina be and hereby are approved. Motion for adoption of the Resolution was five ayes and no nays and the Resolution Mayor ATTEST : Village Clerk STOW SEWER FINANCING DISCUSSED. Mr. Hite stated that the following three storm sewer projects were ready to come before Council, but that they had beeri deferred in order that Council might consider some means of financing their installation. 1. Avenue to Storm Sewer No. 69 which is situated in Varden Avenue. Estimated construction Warden Acres. The pipe would be installed-from the bow point behind 5604 Warden I cost of the proposed facility is $2,783r estimated rate of assessment is 1.24C: per square foot. assessed for the new improvement was assessed for Storm Sewer No. 69 at 2.821$ per square foot. 2. Block- 2, LaBuena Vista. low spot behind 5717 Brook Drive to Storm Sewer No. 60-5, located in McGuire Drive. Estimated construction cost of this improvement is $3,690 . The estimated assessable cost is $4,443, and the estimated rate of assessment is 3.420 per square foot. The existing storm sewer assessment against the property proposed to be assessed for~new improvements is 3.14e per square foot. 3. Block 1, LaBuena Vista. of 5701 W. 68th Street to Storm Sewer No. 60-3, located in Tracy Avenue. Estimated construction cost of the proposed improvement is $1,265. cost is $1,523, and the estimated rate of assessment is 0.97C: per square foot. The property proposed to be assessed for the new improvement has previously been assessed for storm sewer at the rate of 3.140 per square foot. 14r. Hite stated that in a few cases where storm sewer facilities have been constzkcted for the purpose of draining low backyards, the cost has been assessed against the property within the drainage district contributing water to the low area. instances backyard pipes were included in the cost of larger over-all projects and the cost spread over a larger arear He stated that total construction cost of the current projects is estimated at $7,700, the most expensive part of which is the Block' 2, LaBuena Vista project which could perhaps be sblved by grading. Mr. Hife suggested that a portZon ofthe $12,000 which was received from the Federal Government for flood damage relief last spring be used to pay for the installation of these pipes. Estimated assessable cost is $3,350 and the The property proposed to be This project involves the instauation of a pipe from the This project would connect the low point at the reap I The estimated assessdle In other 11/1/65 I Mr, Hite answered Mr, Rixe's question as to whether or not this would be setting a precedent by stating that there is no real precedent in that few, if any, of the other backyard problems were in areas which had already been assessed at 3C: or more a square foot. Rixe stated that he did not see any connection between the money received for storm damage relief and the financing of these backyard drains, if this is right, then cost of these storm sewers should come out of the general tax revenue since the Federal money originally came out of the taxpayer's pocket, noted that the Federal money was a reimbursement for expenses incurred by the Village in pumping out areas like the three under consideration and he suggested that the best use of the funds would be To ascertain that the condition that necessitated this payment in the first place did not reoccur, system of backyard problem assessments should be determined, that in the future all backyard aainage be included and further suggested that an attempt should be made to grade Block 2, LaBuena Vista, to see whether or not the problem could be solved in that manner, LaBuena Vista, in order to solve the backyard water problem was seconded by MacMillan and carried, He stated that Mr. Hite MacMillan stated that a uniform Mr, Hyde suggested Rixe's motion for approval of grading Block 2, HEARING,DATE SET FOR TWO STORM SEWERS, the Hearing Date for two storm sewers* Hr, Hhte requested that November 15 be set as MacMillan then offered the following Resolution - and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON STORM SErJERS BE IT RESOLVED by the Village Council of the Village of Edina: 1, The Village Engineer, having submitted to-the Council a preliminary report as to the feasibility of the proposed STORM SEWERS, described in the form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby set forth below, and as to the estimated cost of such improvements, said report. is hereby approved and directed to be placed on file in the office of the Village Clerk, Edina Village HalL, to consider in public hearings the views of all persons interested in said proposed improvements, The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, which notice shall be in substantially the following form: 2, This Council shall meet on Monday, November 15, 1965, at 7:OO PIMI, in the 3, NOTICE OF PUBLIC HEARING STORM SEWERS THE EDINA VILLAGE COUNCIL wili meet at the Edina Village Hall on Monday, November 15, 1965, at 7:OO P,M, to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, 1961, Chapter 429, cost of said improvements are estimated by the Village as set fopth below: CONSTRUCTION OF VILLAGE STORM SEWERS AND APPURTENANCES IN THE FOLLOWING: 1. From a point on Warden Avenue 2i5' West of Johnson 2, South lot line of Lot 1, Block 1, LaBuena Vista Addition from Tracy Avenue to 90' West The approximate ESTIMATED COST Drive to 190' North $ 3,350r13 $ 1,522,46 The area proposed to be assessed for the cost of the proposed Stom Sewer under 1 above includes all lots and tracts of land within the following described boundaries: Cornmenking at the Northeast corner of Lot 2, Block 1, Warden Acres Kiser Replat; thence northwesterly to a point in Lot 4, Warden Acres, said point being 85' North of the Southeast corner and 45' klest and perpendicular to the East lot line of said Lot 4 Mar&n Acres ;' thence t N.o~tharl,y 443' West'-aE iAnd:pai%iilab-.to. .the:. West:.sight&of-Way' line .: of Johnson Drive i33 a point in papt of Lot 2 Warden Acres North of the Southeast corner and 45' West and perpendicular to the East line of said part of Lot 2, Warden Acres; thence Northwesterly to a point on the West line of part of Lot 1, Warden Acres, said point being 10' South of the Northwest.corner of said part of Lot 1, Warden Acres; thence Southerly along the West line of part of Lot 1, Warden Acres to the Northeast corner of Lot 3, Block 1, Warden Acres Larson's Replat; thence Westerly along North line of Lot 3, Warden Acres Larson's Replat a distance of 202.50'; thence Southerly 45' East of and parallel to the East right-of-way line of Tracy Aver to the South line of Lot 1, Block 1, Warden Acres Kiser Replat; thence Easterly along the North line of Greenleaf Manor Addition to 17' East of the Northeast corner of Lot 4, said point being 105' 11/1/65 i Greenleaf Manor Addition; thence Southerly and perpendicular to the North line of I Greenleaf Manor Addition, a distance of 80'; thence Southeastecly to a point in Lot 1, Greenleaf Manor Addition, said point being 30' Vest of the East line and 40' North of the South line of said Lot 1, Greenleaf Manor Addition; thence Northeasterly to the Northeast corner of Lot 1, Greenleaf Manor Addition; thence Northwesterly to a point on the North line of Lot 3, Block 3, Harden Acres Kiser Replat, said point being 50' West of the Northeast corner of said Lot 3, Block 1, Warden Acres Gser Replat; thence Northerly to a point in Lot 2, Block 1, Narden Acres Kiser Replat, said point being 20' South of the North line and 5Q' klest of the East line of said Lot 2b'B30ck .I, WardenAcres Kiser Replat; thence NortheasterLy to the Northeast corner of Lot 2, Block 1, Warden Acres Kiser Replat which is the point of beginning. The area proposed to be assessed for the cost of the proposed Storm Sewer under 2 above includes all lots and traGts of Land within the following described boundaries; Commencing at a point on the East line bf Lot 26, Block 1, LaBuena Vista Addition, said point being 120' South of the Northeast corner thereof; thence Southwesterly to a point in the West Line of said Lot 26, said point behg 55' North of the Southwest corner thereof; thence West to a point on the East line of Lot 23, Block 1, LaBuena Vista Addition, said point being 55' North.of the Southeast corner thereof; thence Southwesterly to a point on the West line of said Lot 23, said point being 45' North of the Southwest corner thereof; thence llesterly to the Nest line of Lot 22, Block 1, LaBuena Vista Addition, said point being 45' North of the Southwest corner thereof; thence North along said West lot line of Lot 22 a distance of 22'; thence Northwesterly to a point on the West line of Lot 21, Block 1, LaBuena Vista Addition, said point being 100' South of the Northwest corner thereof; thence Northerly to a point in the North line of Lot 20, Block 1, LaBuena Vista Addition, said point being 50' West of the Northeast cornel? thereof; thence.Northeasterly to a point on the East line of Lot 7, said point being 85' South of the Northeast corner thereof; thence Easterly to the East line of Lot 6, Block 5, LaBuena Vista Addition, said point being 60 South of the Northeast comer thereof; thence Easterly to a point on the West line of Lot 3, Block .l, LaBuena Vista Addition, said point being 60' South of the Northwest corner thereof; thence Northeasterly to a point on the East line of said Lot 3, said point being 40' South of the Northeast corner thereof; thence Easterly to a point on the East line of Lot 2, Block 1, LaBuena Vista'Addition, said point being 50' South of the Northeast corner thereof; thence Easterly to a point in Lot I, Block 1, LaBuena Vista Addition; said point being 50' South of the North line and 50' Kest of the East line of said Lot 1; thence Southeasterly to a point on the East line of said Lot 1, said point being 130' North of the Southeast corner thereof; thence South to the point of beginning, FLORENCE B. HALLBERG, Village Clerk MacMillan's motion was seconded by fixe and on b$I@ill all voted aye and the Resolution D I STON4 SEVER AT POINT DRIVE AND DUNBERRY LANE ABANDONED. Nr. Site stated that the propqsed storm sewer to be installed at the Northwest corner of Point Drive and Dunberry Lane north along West Blvd. section of Point Drive to north line of Lot 3, - Block. 4, Southdale 3rd Addition extended west; thence west to a point 128 feet West of the northeast corner of Lot 3 had been abandoned because of the fact that the property owner has proposed to do his own pumping. RELEASE OF SUBDIVISION AGEEMENT FOR SCHEY' S PARKVIEW THIRD ADDITION APPROVED. Mr. Hite askedthat Subdivision Agreement for Schey's Parkview I11 Addition be ,released and that the improvement-of Gleason Road within the Subdivision be handled as a regular assessed project, subdivision agreement and to install the road under normal assessment policy, was seconded by MacIillan and unanimously carried. Tupa's motion to release the subdivider from-the-- LETTER OF COWENDATION FOR POLICE AND FIRE DEPARTHENT= rescue squad, was read by Mr. H3de from Nrs. Richard D. Wright, expressing appreciation particularly of Officers Brown, Shepard and Connors. i HOMESTEAD IfAfUNG. proposing a special maiLing and report with the 1966 Homestead blanks because of the new date was generally approved by the Council. LIBRARY ADVISORY COMMITTEE APPOINTED, Mayor Bredesen reported appointment of the following members to the Library Advisory Committee: Hasselquist, Mrs. Imogene Kroman, Thomas Moe, The Reverend Dean Postlethwaite and Regis Yunker, A memo dated October 26, to the Cou~cil from the 24anager, J, Warren Burke, Mrs. Lorraine A seventh member will be announced at a later date. ll/lp65 ORDJN-INCE NO. 51-B-2 PRESENTED FOR FIRST IIEADING, Mr, Hyde presented Ordinance No, 51B-2 which amends the Building Code of the Village of Edina by providing for a plan checking fee, VanValkenburg then offered the Ordinance for First Reading as follows: ORDINANCE NO, 518-2 ' AN ORDINANCE AMENDING ORDINANCE NO, 51B THE BUJLDING CODE OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL'OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1,. The following sentence of Paragraph (a>, Section 5, "Building Permi-& Fees ,Ir : $lOO,OOO,OO or more at the rate of one-half the building pemit fee," is hereby changed to read as follows: Group I and two-family dwellings in Group H, at the rate of one-half the building permit fee." publicat ion b "A plan checking fee shall be charged for all work with a valuation of "A plan checking fee shall be charged for all work, other than that in Section 2, This Ordinance shall take effect immediately upon its passage and ORDINANCE NO, 146 TO BE CONSIDER€D AT NOVEMBER 15 MEETING, Ordinance No, 146 which would regulate conduct in public parks and which was approved by the Park Board, VanValkenburg's motion to discuss the proposed ordinance at November 15 meeting was seconded by Tupa and carriedr Mr, Hyde presented PURCHASE. OF TREES FOR BRAEMAR PARK APPROVED, Mr. RoSland stated that the Park Board approved the spending of up to $4,000 of Park Capital Improvement monies for purchase of treesr VanValkenburg's motion for approval of purchase of trees as recommended by the Park Board was seconded by Tupa and unanimously carried. MR, GORDON BOWEN was introduced by Mr. Hyde who stated that Mr, Bowen has been retained to serve as Manager of the Braema Ice Arena. TREASURER'S REPORT as of September 30, 1965, was presented, reviewed and ordered placed on file by motion of MacMillan, seconded by fixe and carriedr CLAIMS PAID, Tupa's motion for confirmation of the following claims and of Pre-List dated November 1, 1965, was seconded by VanValkenburg and carried: 10/20/65 Dictation Systems, Inca $ 286.65 General 10 /26/65 Haws Drinking Faucet Co, 917. 28 Park Const in Prog, 10/28/65 Jerry's Lucky Dollar Stores 27L50 Gene r a1 10/28/65 Warning Lites of Minn, , Inc. 15 6 76 General 10/28/65 The Monroe Company, Inca 84a84 General 10 /2 8/ 65 The NcKay Company 528.51 General 30/28/65 Standard Oil Company 2 707 20 General 10 /2 8/ 6 5 Linfor 13 6 30 General LO /2 8/65 Coca-Cola Bottling Company 4, 75 Swim Pool LO /2 8 /6 5 Jdhnson Paper and Supply cob 555. 85 Liquor and of Pre-List dated November 1, 1965 as follows: General Fund, $15,807,70; Construction Fund, $11,124.77; Park, Park Const., Swim, Pool, Golf Course and Recreation Center, $3,423.55; Water Fund, $376,12; Liquor Fund, $65#998,83; Sewer Rental Fund, $33b95; Improvement Funds, $171.50; Total, $96,936,42. There being no further: business to come before this Meeting, Rixe moved for adjournment, Motion seconded by VanValkenburg and .carriedr Adjournment at 9 :45 P bI4,