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HomeMy WebLinkAbout19660404_regular4/4/66 MINUTES OF THE'REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, APRIL 4, 1966 Members answering Rollcall were Trustees Johnson, MacMillan, Tupa and VanValkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of the Regular Meeting of March 7, 1966, were approved by motion of Trustee Johnson, seconded by Trustee Tupa and carried. PUBLIC HEARLNGS HELD ON PROPOSED IMPROVEMENTS. in the Edina-Morningside Courier on March 24 and 31, 1966, and of Mailing on March 25, 1966, which affidavits were approved as to form and ordered placed on File. not'ice given, Public Hearings were conducted on the following proposed improvements, and action was taken by Council as hereinafter recorded: A. CONSTRUCTION QF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Clerk presented Affidavits of Publication Pursuant to due FOLLOWING: W, Slst St. from Oxford Ave. to Hankerson Ave. + Estimate of cost was presented by Mr. Hyde at $l3,78lb29 which is proposed to be assessed at $8.86 per assessable foot for property abutting W. 51st St. and at $64.50 per assessable lot for the north-south str-ets. Mr. Hite stated that this is a continuation of a procedur started in 1964 in an effort to pave some of the side streets. Witkows i, 5040 Oxford Ave., questioned the necessity of concrete curb and gutter in dead- end st d ets and then added that if this work is to be done, he thinks it would be more economical to do all of the streets in the area at the same time. Mr. Hite stated that the experience of the Village with asphalt curb and gutter has been most unsatisfactory and stated that as the paved streets in the area deteriorate, the Village would recommend that concrete curb and gutter be installed at the time the streets are replaced. Mi?. E. L. Doeling, 5104 William Ave., asked why the lots at the south end of Oxford are not proposed to be assessed and was told that in the event the street would be cut through, they would be assessed at that time. Mr. Robert Halpin, 5021 Hankerson Ave., stated that he does not feel that it is fair to include residents on Hahkerson who have 'no reason to use W. 51st St.. He was told by Mr. VanValkenburg that responsibility for side streets extends beyond the abutting property. No further discussion was offered. (See Resolution Ordering Improvement later in Minutes.) Mr. J, F. B. CONSTRUCTION OF DEAD WATERMAIN IN THE FOLLOWING: Scriver Road from Blake Road to Cul-de-sac. Estimate of total cost was presented by Mr. Hyde at $5,500.78, proposed to be assessed against seven connections at $785.82 per connection. Mr. Hyde stated that the hearing for Permanent Street Surfacing and Concrete Curb and Gutter had been held over from the meeting of March 7 in order to consider installation of the dead watermain before the permanent street surfacing was installed. Mr. Hyde stated that Mr. Vance Johnson, 5101 Scriver Road, and Mr. Fred Hall had both expressed opposition to the proposed watermain. Mr. Andrew Justus, 5116 Scriver Road, stated that a11 of the houses but one have wells that are no older than two years and that he would prefer that the improvement not be installed. He stated that water pipes could be installed in the boulevard when the water is necessary. that he considered it very foolish to spend money now for something that would probably not be needed for ten years. the additional cost would be if water should be installed at a later date, Mr. Hite estimated that the cost would be increased by approximately 50%. Pointing out that property owners should be aware of the fact that future cost of installation of water would be.considerably higher than cost as presently estimated, Trustee MacMillan moved .that the proposed dead watermain be abandoned. carried unanimously. FOLLOWING: ' Scriver Road from Blake Road to Cul-de-sac. Mr. Earl T. Winget, Jr., 5112 Scriver Road, stated In response to Trustee MacMillan's question as to what Motion seconded by Trustee Tupa and C. CONSTRUCTION OF PERMANENT STREET SURE'ACINGaAND CONCRETE CURB AND GUTTER IN THE Stating that this improvement has been continued from the Council Meeting of March 7, Mr. Hyde presented total estimated project cost at $10,856.10 to be assessed at the rate of $11.21 per foot against 968.72 assessable feet. Resolution Ordering Improvement later in Minutes. ) No discussion was offeredb (See De CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Brookview Avenue from Crosstown Highway Service Drive to Valley View Road. Mr. Hyde stated that this improvement had been again brought to public hearing following receipt of a petition signed by owners of 2/3 of the a€fected properties. This petition had been brought to the Village Hall the day following the heaping held on March 7 at which it had been determined that the street should be oiled one more time before construction of permanent street surfacing. cost at $16,756.07, proposed to be assessed at $8.93 against an estimated footage of 1,876.92. surfacing and concrete curb and gutter because of the fact thFt a petition for oiling had previously been approved . Oiling Petition be rescinded, which motion was seconded by Trustee Johnson and unanimously Mr. Hyde presented total estimated project . Mr. G. Gutierrez, 6233 Brookview Ave., stated that he opposed pennanent street Trustee Tupa then moved that Council approval of the 6 i " 4/4/66 carried. along with Storm Sewer No. 105 which was approved on March 21, 1966, would impose a financial-burden on this area. He was told by Mayor Pro Tem VanValkenburg that the majority of the property owners have requested this street improvement. No further discussion was heard. E. Mr. Norman Alpers, 6301 Brookview Ave., stated that he feels that this improvement (See Resolution Ordering Improvement 1ater.h Minutes.) CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Belmore Lane from County Road #38 to l,300', more or less, easterly of Blake Road Adams Aver from Maloney Ave. to Spruce. Road Jefferson Ave. from Ijaloney Aver to Spruce Roid Madison Ave. from Maloney Ave. to Spruce Road (Curb and Gutter only) Monroe Ave. Srom idaloney Ave. to Spruce Road Jackson Ave. from Maloney Ave. t,o Belmore Lane (Curb and Gutter only) Van Buren Ave. from Mqloney Aver to Spruce Road Harrison Ave.' 'from Maioney Ave. to Spruce Road Tyler Ave. from Maloney Ave. to Be&nore Lane (Cuvb apd Gutter only) Dearborn Ave. from Belmore Laqe to 1301, more op less, northerly Waterman Ave. from Arthur St. t.0 750', more or less, westerly Waterman Circle from Waterman Aver northerly to, ctil-de-sac Arthur St. from Watennan Ave. to Maloney Ave. Arthur St. from lrialoney Ave. northerly to cul-de-sac Griffit St. from Maloney Ave. to Spruce Road Spruce Road from Gr.iffit St. to Blake Road Spruce Road from Blake Rd. to lOOO', more or less, easterly 'John Street from Belmore Lane to Spruce Road Grove Place from Spruce Road to 320', more or less, southerly Alley between Spruce Road and Belmore Lane (Permanent Street Paving only) . . . . Spruce Road from County Road #18 to Harrison Avenue .Maloney Ave. from Blake Rd. to 960', mone or less, easterly of Blake Road -* . ~ ~ John Street from Belmore Lane northerly to cul-de-sac .J6hn Street from Belmore Lane soutFerly,to cul-de-sac Kresse Circle from Belmore Lane northerly to cul-de-sac Mr. Hyde presented total estimated projeqt cost at $380,915.50 to be assessed at $5.74 per assessable foot for Curb and Gut$er only and at $31.74 per assessable foot for Permanent Street Surfacing and Concrete Curb and Gutter. his understanding that a property owner's association had been formed in the neighborhood and that one of the questions raised by this group was whether or not this area might qualify for some type of.FedeFal grant which yould give relief on the total project. He further stated that the Village had not had an opportunity to investigate this possibility. the Northwest Home Association, requested that Council defer action in order that he could check the nature of the street improvemenfs with Village Engineers and the Village Attorney and look into the possibility of obtaining outside assistance. Trustee Johnson's question as to what is involved in the Federal Grant Program, Mr. Hyde stated that there must €hst be developed what is called a Itworkable program" for community improvement and development and that the Village rpust be carrying out an effective program of code*enforcement,throughout tge entire locality, agree to maintain normal levels of expenditures for code enforcement outside the project areas, have a satisfactory capital and public improvement program, provide.relocation assistance to those disp4aced as a result of these project. activities and to select €or concentrated code enforcement project"areas where there is a reasonabLe expectation that the program can be completed within three years. . Edina has had occasion to consider any Federal aid for public improvements. Mr. Harriman stated that if Edina qualified for funds of this type they should certainly be requested. Mr. Leslie Nielson, 401 Madison Ave., stated that he would oppose any action that would delay street improvement for another ye,=* Mrs. J. H. Ueber, 504 John Street, questioned the fact that a new hearing date for Permanent Street Surfacing and Concrete Curb and Gutter for John Street is listed on the Agenda. of an error in the publication and mailed notices it willbe'necessary to hold a separate hearing on this stretch of John Street. Trustee Tupa and unanimously carried, May 2 was set for date of the continuation of the hearing. stated that if the project would be approved tonight and assuming that fall weather is. normal, grading, gravelling and curb and gutter could be done this year and the asphalt installed the first thing in the spring'of 1967. a month would mean that work on this project would have to be entirely postponed until 1967, Trustee Tupa withdrew his second to the motion of Trustee MacMillan which called for a continuation to May 2. ha Hyde statedathat it is I Mr. Robert PI Harriman who stated that he is an attorney representing In response to He further stated that this is the fivst time Mayor VanValkenburg explained that because By motion of Trustee 14acbIillan, seconded by I in answer to a question concqning when the work could be done, Mr. Hite In view of the fact that a delay of Trustee Madillan then withdrew his previous motion and moved that hearing be continued Tupa and unanimously carried. to April 18. This motion was then-seconded by Trustee .. I. 4/4/66 1 'A 'Q F, CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Miller's Lane from Crosstown Highway Service Drive northerly to cul-de-sac. Mr. Hyde presented total estimated projeot cost at $7,067.48 proposed to be assessed against 544.76 estimated footage at an estimated cost per assessable foot of $12.97. LeRoy Ryan, 6336 Miller's Lane, stated that petition which had been submitted was for permanent street surfacing only and that the addition of concrete curb and gutter was not necessary and would pose a financial hardship on the area. the reasons for recommending concrete curb and gutter. recommend asphalt &irb and gutter because of unsatisfactory experience in the past. A lady in the audience stated that she could see no reason for the curb and gutter and requested only permanent street surfacing. that no petitions should be accepted for street surfacing without curb and gutter. Trustee MacMillan stated that he would recommend that the improvement be authorized with concrete curb and gutter because of the fact that maintenance costs are less and that it will prove more inexpensive in the long run. later in Minutes.) FOLLOWING : Continental Drive from Biscayne Blvd. to Stauder Circle Malibu Drive from Biscayne Blvd. to Stauder Circle Camelback Drive from Biscayne Blvd. to Stauder Circle . Biscayne Blvd. from Continental Drive to west line of Parkwood Knojrls 13th Addition . Mr. Mr..Hite outlined He stated that he cannot Mr. Hyde stated that he is of the opinion (See Resolution Ordering Improvement G, CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CUR3 AND GUTTER IN THE . Biscayne Blvd. from Continental Drive to Camelback Drive cs- Mr. Hyde presented total estimated project cost at $39,256.42 which is proposed to be assessed against an estimated assessable footage of 5,105.77 at an estimated cost of $7.69 per assessable foot, gnd stated that the cost per foot on this improvement is less than most because of the fact that the subdivider has done so much of the base work. would be finished this year. Improvement later in Minutes ) H. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE Mr. Harvey Hansen asked when the work would be completed and was told that it No further discussion was heard. (See Resolution Ordering FOLLOWING: Millpond Place from Westbrook Lane westerly to east line of Minneapolis, Nmthfield and Southern Railroad. Mr. Hyde announced that because of the fact that an incorrect figure had been used in the legal publication and mailed notices, it would be necessary to set a new hearing date. (See Resolution setting Hearing Date later in Minutes.) Mr. Hite requested that April 18 be set for hearing, I. CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING; Code Avenue from W. 56th Street north to the north line of Lot 2, Richmond Hills 3rd Addition extended; thence westerly to the southwest corner of Lot 1, Richmond Hills 3rd Addition, thence'northerly to the northvest corner of said Lot 3, Richmond Hills 3rd Addit ion. Mr. Hyde presented total estimated project cost at $5,321.68 proposed to be assessed at $0.076 per square foot or $591.30 per lot. Mr. J. Jn Marthaler, 5205 Windsor Aver, presented pictures showing flooding conditions between Windsor and Cede Ave. which, he stated, had been caused because the developer had been allowed to use an improper grade, He questioned the reason that this improvement is being assessed on a per lot basis and suggested that the Engineers again sursiey the area to determine whether or not the assessment district could be enlarged. Mr. Hite stated that the "per lot" basis for assessment was presented as a1 alternative to the tlsquare foot" basis and that eikher could be used. Mr. Everett Taft, 5209 Windsor Ave., suggested that the drainage area should be extended to the railroad tracks. Mr. G. J. Peplin spoke in favor of the proposed storm sewer, stating that it is badly neededr Avenue, stated that he thought that the assessment area should be enlarged. stated that unless he shovels his snow as he,has always done, surrounding lots would have more severe water problems, ' April 18 in order that the Engineering Department have an opportunity to re-check the drainage area, was seconded.by Trustee MacMillan and unanimously carried. , Mr. William Wellings, 5520 Code He further Trustee Johnson's motion that hearing be.continued to J. CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING: On an easement line from Parnell Avenue cul-de-sac across Lots 4 and 5, Block 1, Normandale Wickland Replat to Virginia Avenue; thence to pondn Mr. Hyde presented total estimated project cost at $5,751.51to be assessed against an estimated footage of 200,477.0 at a rate of $0.029 per foot. area, which was involved in public hearing for Lateral Storm Sewer No. 8 (W. 65th Street) in 1963, drains to the park. Mr. Hfte made it clear that the proposed storm sewer system may have to be extended when the park is developed. Mr. John Bessessen, 4730 W. 66th St., stated that the Wickland and the Edina park would be the only properties which would be benefitted. Mr. Hite stated that at the time the Wn 65th Street Storm Sewer was installed, Council had deferred assessment against the properties involved in the current project. until such time as surface waters which fell on these properties would flow into a lateral. Mr. Hyde read from a recommendation he had'previously written to the Council that Mr. Hite stated that this 4/4166 ment s : I. 2. 3. 4, 5. 6. assessment for storm sewer be deferred until additional laterals were installed, which recommendation had been approved by Mr, John Loeffler, attorney'for affected property ownersI sewer until it has been detepmined that a problem exists. Mr. Hite stated that as soon as the road is cut through there will be a problem and it is best to take care of it at , this time. area all drains to his property' and that he believes that the stom sewer is very necessary. already being assessed at 4$ per square fo0.t: and wanted to know if this would be the maximum charge to those whose assessment had been deferred. Plr. Hyde stated that he feels that the Village should clarify its position on the previous assessmenth Tupa then moved that hearing be continued* to April 18, which motion was seconded by Trustee HacMillan and unanimously carried. K. GRADING AND GRAVELING XN THE FOLLOWING: Mr. Gunner H. Danielson, 4720 W. 66th St., stated $hat he opposes the storm Mr. H. A. Wickland, 6500 Virginia Ave., stated that water from the surrounding Mr. H. C,. Harris, 4812 W. 66th St, , stated that the property to the north is Trustee Virginia Avenue from W. 64th Street to 431' South of West 65th Street; Parnell Avenue from West 65th Street to 465' South; West 65th Street from Parnell Avenue to Virginia Avenue. Mr. Hyde presented total estimated cost at $22,272.50 which is proposed tO be assessed- at an estimated cost of $7.73 on an estimated assessable footage of 2,882.06. Mr. Gunnar H, Danielson, 4720 W, 66th Street-and Mr, J. Bessesen, 4730 W. 66th Street, stated that they had no need for the road and requested that it end at the north line of Nomandale-Wickland Replat. Mr. Lee Miller, 4701 Wa 64th Street , OwnW?-Of .l#tS. 19 :and II,..:Bld&..L;L3; NorrnaTrdaE? Additlion; $%ate& that his- w3nts- hS;s %znd kGpt in the wild state and that he would never use this land as a building site. Mr, I-€2te stated that Virginia Avenue from W. 64th *to W, 65th Street was not on the original. petition, but - hadbeen added in an attempt to open all unopened streets in.the original petition, He stated that if property owners wished, the street could be vacated by 100% petition and that half of the vacated street would go to property owneps on either side, Mr. Tupa asked whether Virginia Aver has been located near W; 66th Street and was told .that it had not been, but that .this relocation would be recommended. Trustee MacMillan's motion for approval with the exception of that portion of Virginia Ave. from W. 64th St. to W. 65th Street which would be eliminated and that the Parnell cul-de-sac be moved to the south line of Normandale-Wickland Replat, was seconded by Trustee Tupa and unanimously carried, Trustee Johnson then offered the following Resolution and moved its adoption: RESOLUTION ORDERING XMPROVEMENTS . PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NOS, BA-88, BA-90, BA-91, BA-92 E BA-93, GRADING .&?D GRAVELING IMPROVEMENT NO. (2-92 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each-parcel within the area proposed to be assessed on the foUowing proposed improve- CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB & GUTTER iMPROVEMENT IN THE FOLLOWING: Nest 51st Street from. Oxford Avenue to Hankerson Avenue IN THE FOLLOWING: Scriver Road frm Blake Road to Cul-de-sac CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB E GUTTER IMPROVEMENT IN THE FOLLOWXNG: Brookview Avenue from Crosstown Highway Service Drive to Valley View Road CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB & GUTTER IMPROVEMENT IN THE FOLLOWING: Miller's Lane from Crosstown Highway Service Drive Northerly to Cul-de-sac IN THE FOLLOWING: Continental Dr, from Biscayne Blvd. to Stauder Circle Malibu Dr. from Biscayne Blvd. to Stauder Circle . Camelback Dr, from Biscayne Blvd. to Stauder Circle Biscayne Blvd. from Continental Dr. to Camelback Dr, Biscayne Blvd. from Continental Dr. to West Line of Parkwood Knolls 13th Addition CONSTRUCTION OF GRADING E GRAVELING IN THE FOLLOWING: Virginia Avenue from West 65th Street to 431' South of West 65th Street Parnell Avenue from West 65th Street to 465' South; Wes-E 65th Street from Parnell Avenue to Virginia Avenue. CONSTRUCTION OF PERMANENT .STREET AND CONCRETE CURB E GUTTER IMPROVEMENT CONSTRUCTLON OF PERMANENT. STREET AND CONCRETE CURB & GUTTER IMPROVEMENT ana at the hearing.held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the as described in the published notices of said hearing except that with respect to Improvement No, C-92 Grading and Graveling shall be eliminated on Virginia Ave. between W. 64th Street and W. 65th Street and that Grading and Graveling of Parnell Ave. shall extend no further south than the south line of Nomnandale-Wickland Replat, including all proceedings which may be necessary in emihent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in a13 subsequent proceedings as follows: .pertinent facts does hereby determine*to proceed with the construction of said improvement - 4/4/66 .' 79 I No. 1 above PERMANENT STREET SURFACING E CONCRETE CURB AND GUTTER NO. BA-88 No, 2 above, PERMANENT STREET SURFACING E CONCRETE CURB AND GUTTER NO. BA-90 No, 3 above PERMANENT STREET SURFACING E CONCRETE CURB AND GUTTER NO, BA-91 No. 4 above PERMANENT STREET SUEACING E CONCRETE CURB AND GUTTER NO. BA-92 No. 5 above PERMANENT STREET SURFACING E CONCRETE CURB AND GUTTER NO. BA-93 \ No. 6 above GRADING AND GRAVELING NO. C-92 aqd the area to be specially assessed ther?efore shall include: FOR STREET IMPROVEMENT NO. BA-88 Block 2; Lots 9 thru 20 incl., Block 3; Lots 9 thru 20 incl., Block 4; Lots 6 thru 11 incll,'Block 5; Lots 1 thru 7 Jncl*, Block 6; Lots 1 thru 12 incl., Block 7; Lots 17 thru 24 incll, Block 7; Lots 1 thru 24 inclr, Block 8; Lots 1 thru 24 incl.; Block 9; all in Brookside Heights Addition, FOR STREET IMPROVEMENT NO. BA-90 - All lots and tracts of land abutting the street proposed to b'e improved. FOR STREET IMPROVEMENT NO. BA-91 - All lots and tracts of land abutting the street proposed to be improved. FOR STREET IMPROVEMENT NO1 BA-92 - A11 lots and tracts of land abutting the street proposed to be improved. FOR STREET IMPROVEMENT NO. BA-93 - All lots and tracts of land abutting the street. proposed to be improved. FOR GRADING AND GRAVELING IMPROVEMENT NO. C-92 - All lots and tracts of land abutting the str?eet proposed to be impmved, Lots 6 thru 16 incl,, Block 1; Lots 9 thru 20 incl., there were four ayes and no nays and the ATTEST : Affidavits of Mailing on March 24, 1966, and of publication in the Edina-Morningside Courier OA March 24, 1966, were presented by Clerk, approved as to form and ordered placed on File. Mr. Fredlund stated that J. A. Danens G Son, Inc. have requested rezoning from Single Family Dwelling District,. R-3 Multiple Residence District and Office Building District to Planned Industrial District in order to construct a building to be used as office and garages for equipment. property is bounded by Gabberts' Warehouse on the south, the railroad on the east, Cahill Road on the west and Amundson Road on the north. approval providing that all excavation equipment be stored inside and .that except for local traffic, all traffic would go south to Interstate Highway 494 and not use Amundson Road or W1 70th Street. Mr. Danens presented architect's drawings of the proposed building. Trustee MacMiLlan asked if the owners of Gabberts understood that the road would be terminated and was told that %hey had been so informed. Providing that an agreement be drawn for execution by both Gabberts' and J, A. Danens E So traffic reszrictions, Trustee MacMillan offered Ordinance N?)i27 for first reading as follows: The Planning Commission has- recomended Inc., relative to ORDINANCE NO. 261-927 AN ORDINANCE AMENDING ORDINANCE NO, 261 * (ZONING ORDINANCE) OF THE VILLAGE OF EDINA FOR REZONING FROM SINGLE FAMILY- DWELLING DISTRICT, .- R-3 MULTIPLE RESIDENCE-DISTRICT AND OFFICE BUILDING DISTRICT TO PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2, Boundaries of Planned Industrial District of Section LO, (Planned Industrial District) of Ordinance 261 of Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding after sub-paragraph (n) of said paragraph 2, the following sub-paragraph: Township 116, Range 21, described as beginning at a point on the South line of said Northeast quarter of the Northeast quarter distant 596.04 feet East from the Southwest corner of said Northeast quarter of the Northeast quarter; thence West along said South line to said Southwest corner; thence North along the West line of said Northeast quarter of the Northeast quarter to a point thereon 396 Eeet North from the Northwest corner of the South one-half on the South one-half of said Northeast quarter of the North- east quarter; thence East parallel with the North line of the South one-half of the South one-half of said Northeast quarter of the Northeast quarter a distance of 70'0.23 feet; thence Southwesterky, along a line which intersects the South line of said Northeast quarter of the Northeast quarter at a point 30.12 feet East from the point of beginning to the North Line of the South one-half of the South one-half of said Northeast quarter of the Northeast quarter; thence Mest along said North line 25.12 feet; thence Southwesterly along a line which intersects the South line of said Northeast quarter of the Northeast quarter at a point 5 feet East from the point of beginning, a distance of 16.11 feet more or less to a point 316 feet Northeasterly along Said last described line from the South line of said Northeast quarter of the Northeast quarter; thence West parallel with the South line of said Northeast quarter of the Northeast quarter a distance of 5 feet; thence "(0) That part of the Northeast quarter of the Northeast quarter, Sektion 8, 80 b IJ 4/4/66 Southwesterly 316 feet to the point of heginning, except that part thereof described as follows: The North 250 feet of the Nest 363.42 feet of that part of the Northeast quarter of the Northeast quarter of said Section 8, lying South of a line described as follows: beginning at a point on the T?est line of said Northeast quart.er of.the Northeast.quarter distant 396 feet North from the Northwest cover of the South. one-half of the South one-half of said Noqtheast quarter of the Northeast quarter; thence East parallel with the North line of the South one-half of the South one-half of said Northeast quarter of the.Northeast quarter, except the Westerly 33 feet as taken for road purposes." This ordin&ce shall be in full force and 'effect from and after its Section 2. assage and gublication according to law. . / were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde presented tabulation of five bidders which showed Northern Contracting Company low bidder at $149,365.78; Phelps-Drake Company, Inc. , second low at $154,251.10; G. L. Contracting Inc., third low at $157,873.00; HcDonald-Luben & Associates, Inc., $161,638.85; and Peter Lametti Construction Company high at $172,487.38, Engineer's estimate was given at $358,294.01. Trustee Johnson then moved for award of bid to recommended low bidder, Northern Contracting Company,. which motion was seconded by Trustee Tupa 'and carried unanimously. CONTRACT AIJARDED FOR STORM SEWER NO. 97. Affidavits of Publication in the Edina- . Morningside Courier and Construction Bulletin on March 10, 17 and 24, 1966, were. presented by Clerk, approved as to form and ordered placed on file. tabulation of five bidders which showed Coburn-Meek, Inc. , low at $24,175-.40; Phelps- Drake Company second low at $25,177.39; Northem Conrracting Company, third low at $27,643.23; Peter Lametti Construction Company, $30,258.43; McDonald Luben E Associates, Inc., $30,589.47; G. L. Contracting, Inc. was given at $26,341.35. carried& OFF-SALE BEER LICENSE AP?LICATIONS APPROVED. Beer License applications which had been .approved by Director of Public Safety, Wayne Bennett: Kroger Company, National Food Store (Valley View Road) and National Food Store (W. 50th St.) ' Motion by Trustee Johnson for approval was recommended and seconded by Trustee Tupa and carried. has not applied for any of their 1966-67 licenses. Mr, Hyde presented high at $32,129.10. Engineer's estimate Trustee MacMillan then moved for award of bid to recommended ,low bidder, Coburn-Meek, Inc., yhich motion was seconded by Trustee Tupa and unanimously Clerk presented the following Off-sale Mr. Hyde then informed Council that Edina Bowling Lanes PETITIONS RECEIVED, ordered placed on file by motion of Trustee Tupa, seconded by Trustee Johnson and unanimously carried: Mr. Hyde presented the following petLtions which were reviewed and . 1. 2. Oiling - West 66th Street from Highway 100 to Tingdale Avenue Permanent Surfacing - Alley at I?. 52nd Street between Halifax'Ave. dnd Minnehaha Blvd, TRAFFIC SIGN REQUESTED AT BALFANZ LANE AND OAKLAWN AVE, AT WOODDALE AVE. presented request of Mr. Allan Lb Burdick, JF., President of the Creston Hills Homeowners Association, requesting a stop sign at the intersection of Balfanz Lane, Oaklawn Avenue, and Wooddale Avenue. by motion of Trustee Tupa, seconded by Trustee Johnson and unanimously carried. PARCEL 50 OF LOT 1, BLOCK 1, SEELEY'S FIRST ADDITION TO HAWTHORNE PARK HEARING DATE - SET. Mr. Fredlund requested that hearing date of May 2 be set to correct the designation of Parcel 50 of Lot 1, Block 1, Seeley's First Addition to Hawthorne Park from R-2 to R-1. by Trustee Johnson and unan5uously carried. NO PARKING AGREEMENT FOR MUNICIPAL STATE AID STREETS APPROVED. - Mr. Hire asked that Council adopt a formal resolution restricting parking on certain Municipal State Aid Streets to comply with Municipal State Aid regulations. Trustee Johnson offered the following resolution and moved its adoption: hr. Hyde Requested was accepted and ordered placed on file Trustee Tupa's motion setting hearing date as requested was seconded RESOLUTION AUTHQRIZING EXECUTION OF AGREEMENT BETWEEN THE VILLAGE OF EDINA AND COMMISSIONER OF HIGHWAYS STATE OF MINNESOTA WHEREAS, the Commissioner of Highways of the State of Idinnesota has submitted to the Village Council for? execution, an agreement relating to restriction of parking and those streets and avenues-wherein Municipal State Aid funds are used in improving said streets and avenues, 4/4/66 i NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the Mayor and Village Clerk are hereby authorized and directed to execute for and on behalf of and in the name of the Village of Edina an agreement between the Village and the Commissioner of Highways wherein the Village agrees to restrict parking on West 65th Street and Ridgeview Drive @om Valley View Road to West 66th Street and on Gleason Road from Deweay Hill Road to Schey Drive to one side onlyb Motion for adoption of the resolution was seconded by Tzystee-YacMillan and on rollcall there were four ayes and no nays and the lution w&/ado&d. A' 1 ATTEST : dlf n dl u- bl. I- . Village Clerk MORNINGSIDE FACT SHEET TO BE DISTRIBjJ%!ED, mimeographed fact sheet which wou1d"be signed by the Mayor and Council on the operations of the-Village of Edina which would,be available to the press and a11 others who are interested. that Morningside Election will be held on May 3. Mr. Hyde requested permission to issue a It was informally determined that this should be done, Mr. Hyde announced LIBRARY PROGRESS REPORTED, ,Chamber of Commerce and pmperty owners in the 50th and France Business area, suggested that the sale of the ppesent library site must be assured before final plans are made for acquisition for new property. Mr, Hite stated that he has been working with the Edina He EXTENSION OF SANITARY SEWER CONTRACT WITH MINNEAPOLIS until June 30, 1966, was reported by Mrr Hyde, HEARING DATE SET FOR IMPROVEMENT HEARINGS. for date of Permanent Street Surfacing and Concrete Curb and Gutter hearings. April18, 1966, was requested by Mr, Hite Trustee Johnson then offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER 1, to the facility of the proposed Street 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. 2. Village Hall to consider in public hearing the views of all persons interested in said improvements, 3b 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, and to mail notice to all affected properties in substantially the following form: The Village Engineer, having submitted to the Council a preliminary report as This Council shall meet on Monday, April 18, 1966, at 7:OO P.M. in the Edina The Clerk is hereby authorized and directed to cause notice of the time, place NOTICE OF PUBLIC HEARING ON PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, Aprill8, 1966, at 7:OO P.Mb, to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 429. cost of said improvements are estimated by the Village as set forth below: The approximate CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE ,FOLLOWING: 1, John St. from Maloney Aver southerly to cul-de-sac John Str from Maloney Aver northerly to cul-de-sac ' Estimated Total Project Cost $19,961 76 5.74 ,Estimated Cost per assessable foot (Curb and Gutter only) Estimated Cost per Assessable Foot (Permanent Street Surfacing with Curb and Gutter) 11.74 2. Millpond place from Westbrook Lane westerly to east line of Minneapolis, Northfield and Southern Railroad Estimated Total Project Cost Estimated Cost per Assessable Foot 5,770 17 11 40 The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter projects listed above includes all lots and tracts of land abutting the streets proposed to be improved. 4/4/66 .. . SUBURBAN HEALTH NURSIHG SERVICE TO BE PAID ON 1965 CENSUS FIGURE3. after additional facts concerning increased costs were brought to his attention, he feels that it is only equitable that the 1965 census figures should be used as a basis for paying Edina's share in the Suburban Nursing Service. then offered the following resolution to supersede the resolution of March 7 and moved its adoption: Mr. Hyde stated that Trustee MacMillan RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT. TJHEREAS, pursuant to Minnesota Statutes, Sections 145.08 and 145.12 provision has been made for a public health nursing district in that portion of outside the City of'Biinneapolis, and WEREAS, pursuant to such authority-such a public health nursing district has been organized and has been in operation for several years, and WHEREAS, it is deemsd necessary to continue the operation of such nursing district and to provide it with adequate funds for its proper operation, NO%, THEREFORE, BE IT RESOLVED BY THE: GOVERNING BODY OF THE VILLAGE OF EDINA that this political subdivision contihue to be included in the public health nurs- ing district of Suburban Hennepin County, organized on January 4, 1952; that it participate in the benefits thereof; and that it agrees to support on an=appor- tionment basis its pro rata share of the cost of the administration of such district provided, however, that for the period of January 1, 1966, through December 31, 1966, this cost shall not exceed 26.5C per capita on the basis of the 1965 Special Federal Census. BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. The motion for adoption of'the foregoingLr and on rollcall there were four ayes and no ATTEST : Hennepin County 3, A- -i?h / Village Clerk ORDINANCE NO. 51B-4 GRANTED SECOND READ NG. Ordinance No. 51B-4 which amends the Village Building Code was presented by Mr. Hyde. Reading as foitilows: Trustee Tupa offered Second ORDINANCE NO. 51B-4 AN ORDINANCE AMENDING THE BUILDING CODE OF THE VILLAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (c) of Section 4 of Ordinance 51B (Building Code) of the Village, as amended, is hereby amended to read as follows: "(c) Paragraph (d) of Section 301 shall be amended to read as follows: "' (d) Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be accom- panied by specifications of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. detailed specifications, the Building Official may approve references on the plans to a specific section or part of this Code or other ordinances' or laws. In lieu of tp'Plans shall include a survey of the lot upon which the proposed building or construction Ts to be done, prepared and attested by a registered surveyor, and providing the following information: (1) Scale of Drawing: * (2) Lot and block number. (3) (4) Dimensions of front, rear and side yards. (5) (6) (7) Dimensions of lot and north point. Locations of all existing buildings on the lot. Location of proposed building or construction. Location of stakes established by the surveyor along each side lot line a distance of 30 and 60 feet from the front lot corner. maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant. The side yard and set back dimensions of buildings located on adjacent lots. * The location of all easemem-s as shown on record plats. Grade elevations at the following points: The (8) (9) (lo) 4/4/66 a. b. Crown of proposed street at each lot line extended. c. d. Such elevations may be based upon an assumed datum but must be tied by the surveyor to a specified bench mark for which the elevation has been obtained from the Village Engineer's office. The proposed disposal of drainage and surface waters, indicating direction of surface water drainage by arrows. Statement of number of stories of adjacent buildings."' Each lot corner (both existing or proposed). Proposed lawn and driveway elevation at the street side of house. Elevations of top of foundation and garage floor of adjacent properties. (11) (12) Section 2. Said Ordinance No. 51B is hereby further amended by adding to said Section 4 thereof an additional paragraph reading as follows: "(j) Paragraph (a) of Section 306 is amended to read as follows: "' (a) Use or Occupancy. No building or structure in Groups A to I, inclusive, shall be used or occupied, and no change in the existing occupancy classification of a building or scructure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein.$" Section 3. This ordinance shall be in full force and effect upon its adoption and publication. Bidtion:for adoption of the ordinance was seco appp ved on rollc 11. 7L A- 72LLu-4 Village Clerk technical errors, no action had been taken for the acquisition of tax forfeited lands which the Village desired to purchase. resolution and moved its adoption: Trustee Johnson then offered the following RESOLUTION RELATING TO CLASSIFICATION OF TAX FORFEITED LANDS WHEREAS, the Village Council of the Village of Edina, Hennepin County, Minnesota, has received from the County Auditor of Hennepin County, Minnesota, a list of lands in said Village which became the property of the lands of the State €or non-payment of taxes, which said list has been designated as Classified List 638-C, and WHEREAS, each parcel of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota, as non-con- servation land and the sale thereof has heretofore been authorized by said Board of County Commissioners : NOIJ, THEREFORE, BE IT RESOLVED, by said Village Council acting pursuant to Ninnesota Statutes for 1957, Section 282.01, Subd. 1, that the said classification by said Board of County Commissioners of each such parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. Notion for adoption of the resolution was seconded by Trustee MacNillan and on roll- call there Tiere four ayes and no nays and t ATTEST : / 47 .d- 9-fk Village Clerk Trustee Tupa then offered the followin resolution and moved s adoption: RESOLUTION FOR ACQUISITION OF TAX BORFEITED LAND that the Village Attorney be authorized and directed to file "Application for Govern- mental Subdivision for Conveyance of Tax-Forfeited Landsr* for the following property to be used for purposes as indicated: Abbott Park - For Park Purp0.se.s Storage Purposes South 2'-5/10 feet of North 177-48/100 feet of West 660 feet of N.W. 1/4' of S.W. 1/4. - For adjoining land necessary for Fire Station BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, BlocIZ 13, Lot 3, Clevelands Sub. of Blocks 2, 3, 4, 13, 14 and 15, Emma South 70 feet of Lot 8, Block 4, Mendelssohn Addition - For Storm Water Section 30, Township 28, Range 24 -- The Vest 20 feet of East 250 feet of 4/4/66 Registered Land Survey No. 228, Fi-les of Register of Titles, County of Hennepin, Tract A - That part of Tract A lying West of the West line of Lot 15, Stows Yvonne Terrace extended Southerly - For Park Purposes Tract A, Voodbury Park near Lake Harriet - That part of Lot A lying between the East and t7est lines of Lot 3, Block 8 extended across Lot a, in- cluding adjoining 1/2 of vacated street - For Park Purposes BE IT FURTHER RESOLVED that the Mayor and Clerk of this Village be, and hereby are, authorized and directed to sign said application on behalf of the Village of Edina. Motion for adoption of the resolution was s rollcall there were four ayes and no nays an ATTEST : I iLd* Yhli4 Village Clerk REPLAT OF THE EAST ONE-HALF OF LOTS 1 FINAL PLAT, 2, WARDEN ACRES RESOLUTION APPROVED FOR Mr. Fredlund stated that bYecause the Final Plat for the Replat of the East One-Half of Lots 1 and 2, Varden Acres was not filed by developer after its approval by Council at meeting of November 15, 1965, Council action is now necessary before the plat can be filed. Trustee Tupa then offered the following resolution and moved its adoption: RESOLUTION @PROVING FINAL PLAT REPLAT OF THE EAST ONE-WF OF LOTS 1 AND 2 WARDEN ACRES BE IT RESOLVED‘by the Village Council, Village of Edina, Ilinnesota, that that certain plat entitled “Replat of the East One-Half of E,ats,l.iind 2, Warden Acres”, platted by Lee $1. Warden and John E. Jaskowski and presented at the Meeting of the Village Council of November 15, 1965, is hereby approved. Motion for adoption of the resolution was seconded by T call there were four ayes and no nays and the ATTEST : 4’ ‘3L b- i‘h, Village Clerk I BIDS TO BE TmN FOR STREET IMPROVEMENTS NOS. C-92, BA-78, BA-79, BA-80, BA-81, BA-82, BA-83, BA-84, BA-85, BA-86, BA-87, BA-88, BA-89, BA-90, BA-91, BA-92, BA-93, BA-94, BA-95, A-163, A-164, E-20, E-22, E-23. At the request of Mr. Hite, Trustee MacHillan offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEmNTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR STREET INPROVElBNTS NOS. C-92, BA-78, BA-79, BA-80, BA-81, BA-82, BA-83, BA-84, BA-85, BA-86, BA-87, BA-88, BA-89, BA-90, BA-91, BA-92, /9 4J \ /,iY BA-93, BA-94, BA-95, M163, A-164, E-20, E-22, E-23 “pbwL?BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, E.II”ESOTA: bav 91 1. The plans and specifications for proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engin- eer and now on file in the office of the Village Clerk are hereby approved. The Clerk shall cause to be published two times in the Edina-Morningside Courier and Construction Bulletin the following notice for bids for improvements : 2. ADVERTISEMENT FOR BIDS PLANT MIXED BITUlINOUS SURFACING WITH CLASS 5 GRAVEL BASE, PORTLAND CEMENT CONCRETE CURB AND GUTTER, PORTLAND CEMENT CONCRETE SURFACING WITH CURB SEALF,D BIDS will be received and opened 5n the Council Chambers in the Edina Village Hall, 4801 17. 50th St., at 11:OO A.M. , Friday, April 29, 1966, and the Edina Village Council will meet at 7:OO P.N., on Monday, May 2, 1966, to consider Gravel Base, Portland Cement Concrete Curb and Gutter and Portland Cement Concrete I r said bids for the construction of Plant Mixed Bituminous Surfacing with Class 5 Curb, The following are approximate quantities of major items: Surfacing with 40,000 9,500 57 , 000 100,000 1,825 I, 825 65,000 12,000 20,000 435 I C/Y Class A Excavation Tons Class 5 Gravel S/Y 6lC Class 5 Gravel Base S/Y Bituminous Surfacing M.H.D. 2341 Tons M.H.D. 2341 Base Course Mixture Tons M.H.D. 2881 Binder Course Mixture LfF B6-18 Curb and Gutter L/F B6 Curb S/Y Sod Each, Adj Utilities 4/4/65 27,500 S/Y 8’’ Non-Reinforced Portland .Cement Concrete Street Surfacing 850 S/Y 6” Non-Reinforced Portland Cement Concrete Street Surfacing 240 S/Y Remove Portland Cement Concrete Paving I;”lork must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. No bids will be considered unless sealed and accompanied by cash The Council reserves the right to Motion for adoption of the resolution was seconded by Trustee Tupa and on rollcall there were four ayes and no nays and the res ATTEST : dL Village Clerk CUSJ3” TRUCKSTER TO BE PURCHASED. Mr Cushman Truckster in the amount of $1,255.00, which item has been approved in the 1966 Budget. Motion for approval as requested was offered by Trustee Johnson, seconded by Trustee Tupa and unanimously carried. LIQUOR FUND AS OF JANUARY 31, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee Johnson and unanimous ly carried. TREASURER’S REPORT AS OF FEBRUARY 28, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee Tupa, seconded by Trustee MacMillan and unanimously carried. CLAIMS PAID. - List dated April 4, 1966, was seconded by Trustee Naclfillan and carried: General Fund, $14,477.12; Park, Park Construction, Swim. Pool, Golf Course & Rec. Center, $7,041.55; Construction Fund, $63.45; ldater Fund, $686.47; Liquor Bund, $20,723.46; Sewer Rentnl Fund, $169.01; Total, $43.16%.06. Trustee Tupa’s motion for payment of the following Claims as per Pre- The meeting’s agenda having been cavered, Trustee Johnson’s motion for adjournment was seconded by Trustee MacMillan apd carried. Adjournment at 2350. gl..J---d-- Village Clerk