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HomeMy WebLinkAbout19661003_regular\ 289 10/3/66 m bo MINUTES OF THE REGULAR MEETXNG OF THE EDINA VILLAGE COUNCIL HELD AT THE VILLAGE HALL ON MONDAY, OCTOBER 3, 1966 Members answering rollcall were Trustees MacIvIillan, Tupa, VanValkenburg and Mayor Bredesen. , THOMAS BROMNELL AWARDED CERTIFICATE OF COMPLETION for a course in Municipal Police Administration by Mayor Bredesen, who commended Mrr Brownell for his efforts in taking this course, NINUTES of the Regular Meeting of September 6 and 20, l.966, were approved as submitted by motion of Trustee VanValkenburg, seconded by Trustee Tupa and carried. PUBLIC HEARING CONDUCTED ON ORNAMENTAL STREET LIGHTING IMPROVEMENT, Affidavits of Mailing on September 22, 1966, and of Publication in the Edina-Morningside Courier on September 22 and 29, 1966, were presented by CLerk, approved as ta form and ordered placed on file, on ornamental street lighting in the following streets: Barpie Road, Heritage Drive, West 65th Street between France Avenue and Barrie Road, Drev Avenue between West 66th Street and West 65th Street, York Avenue between Heritage Drive and cul-de-sac approximately 650 feet south of West 64th Street, and West 64th Street between Xerxes Avenue and York Avenue* 48 light fixtures in the area north of SoutndaLe, bounded by France Avenue, Xerxes Avenue, the Crosstown and West 66th Street. Public Hearing notices were based on an extimated cost of $730 per fixture, but bids received this morning result in a cost of $976 for each fixture. Mr, Hite advised that because of the high bids, he would recommend that the project be dropped, but thought that iyterest of property owners should be further explored. Mra Earl Brooks, owner of Lot 9, BLock 2, Cassin's Replat, inquired why ornamental street lights were necessary, Mr, Hite that this type of lighting had been requested by Mrr Roy Peterson, developer of Cassin's Replat, and by the Colony Apartment owners in an attempt to improve the appearance in the area. The owner of Lot 9, Block 2, Cassin's Replat stated that he believes that most property owners would object to the high bid, that Northern States Power has indicated that a Limited number of temporary fixtures might be installed for the winter, but that this type of lighting would not be considered adequate, two weeks in order that all property owners could be advised of the increase in cost was seconded by Trustee Tupa and carried, Pursuant to due notice given, pubLic hearing was conducted Mr. Hite stated that it has been proposed to install He was advised by lb, Hite advised Trustee VanValkenburg's motion to continue the hearing for . MILLER,'S LANE VACATED. 23, and of Publication in the Edina-Morningside Courier on September 22 and 29, 1966, were presented by Clerk, approved as to form and ordered placed on file, stated that when this street, which is north of the Crosstown Highway across from Cornelia Park, was platted, the right-of-way extended north from the Crosstown Highway and then turned west, extending to St. John's Avenue, When the road was improved a cul-de-sac was constructed, eliminating the need for the extension to the west, 6321 St. John's Avenue, both spoke in favor of the vacation, stating thpt the area has been used as a playground and that the activity causes considerable noise as welL as damage to their property* resolution and moved its adoption: Affidavits of Posting on September 20, of Mailing on September l4r. Hite Mrs. Fred Strout, 6325 St. John's Avenue, and Miss Lydia C.'bLander, Trustee VanValkenburg then offered the following RESOLUTION VACATING A PORTION OF MILLER' S LANE WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on October 3, 1966, at 7:OO P.M., on the proposed street vacation of the street hereinafter described has been given and made, and a Hearing has been heLd thereon by the Village Council; Edina, Hennepin County, Minnesota, that the following described portion of t4iller's Lane, a11 as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective November LO, 1966, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: NOW, THEEFORE, be it resolved by the Village Council of the Village of All of that part of Miller's Lane as platted lying west of the east line of Lot 1, Block 1, Miller's Second Addition extended north, except a LO' utility easement for watermain, the center line of which is described as follows: on the east line of St, Johns Ave,, said point being L5' north of the northwest corner of Lot 1, Block 2, Valley View Ridge Second Addition; thence east 15' north of and paraLleL to the north lines of Lot 1, Block 2, Valley View Ridge Second Addition and Lot 1, Block 1, Miller's Second Addition to the east Line of Lot 1, Block 1, Miller's Second Addition extended north and there terminating, commencing at a point 10/3 / 6 6 Motion for adoption was seconded by Trust ayes and no nays and the resolution was a ATTEST : iL A, &L& Village Clerk. - SPECIAL ASSESSMENTS LEVIED ON NUMEROUS IMPROVEMENTS. of Publication in the Edina-Morningside Courier on September L5.and of Nailing on Clerk presented Affidavits September 16, 1966, which affidavits were approved as to form and ordered placed on file. was taken by the Council as her6inafter recorded: 1 , SANITARY SEHER DPROVEMENT NO. 238 SPECIAL ASSESSMENT LEVIED. from the east line of Bertelsen Addition to the east line of Tract A, R.L,S. #1129) I4r, Hyde advised that this assessment hearing had been continued from September 19 in order to change the cost of assessment from a connection basis to a square foot basis. Revised assessment was proposed to be assessed against 515,200 square feet at $0.01216 per assessable square foot, and none had been received prior thereto. assessment as revised was seconded by Trustee Tupa and carried. Ordering Special Assessments later in Minutes.) Pursuant to due notice given, public heapings were conducted and action (Parklawn Ave. No persons appeared.to register objections %ustee VanVaLkenburg's motion approving (See Resolution 2. east line of Bertelsen Addition to east line of Tract .A, R.L,S. $1129) WATERifiIN IIIIPROVEHENT NO , 201 SPECIAL ASSESSMENT LEVZED. (Parklawn Ave from ldr. Hyde advised that this Assessment Hearing had been continued from September 19, in order to change the cost of assessment from a connection basis to a square foot basis. Revised assessment was proposed to be assessed against 515,200 square feet at $0, 01607 per assessable square foot. No persons .appeared to register objections and none had been received prior thereto. Trustee VanValkenburg's motion for approval of the assessment as revised was seconded by Trustee Tupa and carried. (See Resolution Ordering Special Assessment later in Minutes,) 3. STREET IIWROVEI~NT NO, BA-77 SPECLAL ASSESSblENT LEVIED. (Schey Drive ;f-oom Demy Hill Road north to Gleason Road) Mr, Hyde advised Council that this Assessment Hearing had been continued from September 19 because of a dispute over $438.40. He stated that the Scheys had paid for the entire cost with the exception of these charges which represent a bill for,engineering and design on a retaining wall at the corner of the property. proposed, with the understanding that payment of the $438.40 be worked out with the Schey's, was seconded by Trustee VanValkenburg and camied, Special Assessment later in Minu&es. ) ~ 4. WATERULN IlllPROVEf4ENTS NO. 191 AND 192 SPECIAL ASSESSMENTS LEVIED.' (Arden Park 3rd Addition, Auditor's Subdivision $176, Beverly Hills, Brookside Terrace, Clevelands Subdivision of Emma Abbott Park, Edina Terrace, Emma Abbott Park, Limback Addition, Paul E..Olsop, Replat of Block 1, Emma Abbott Park, Replat of Lots 9 and LO, Brookside Terrace, Thielen's Brookside) Mr. Hyde presented Tabulation of Assessment as folLows: For Watermain 191 - (Trunk Main) Assessable Cost $27 ,100. 00, proposed to be. assessed against 271 connections at $100.00 per, connection which was the same as the Improvement Trustee Tupa's motion approving the assessment as c (See Resolution Ordex-ing Hearing estimate. proposed to be.assessed at $334,07 as against Improvement Hearing estimate of $367.85. For Watermain 192 - (Lateral Hain) Assessable Cost $93,870.62, Thielen Avenue Watermain 192B. - Permanent Street- Surfacing and Concrete Curb and Gutter Replacement on one side of the street only in Thielen Avenue from klest 44th Street north to dead end. at $315.22 against 19 assessable connections as against Improvement Hearing estimate of $268,24. Watermain No. 192C - Rutledge Avenue from Brookside Avenue to Nest 48th Street, total construction cost of $3,71L,ll, proposed to be assessed against 13 assessable connections at $285.47, as against $222,29 estimated assessment. 192A - Bituminous surface replacement on blest 49th Street from Thielen Avenue to Brookside Avenue - Total construction cost, $1,427r35, proposed to be assessed against five lots at $285.47 per lot. Hr. Raymond Denison, 4500 Rutledge Avenue!, questioned assessment on his pDoperty and was told that he is not included in'any of the street replacement. Department particularly helpful 5nd courteous. approval of the assessment, which motion was seconded by Trustee l.lacb1iLlan and carried. 5. STORM SEWER IMPROVEMENT NO, 86 SPECIAL ASSESSNENT LEVIED. (On the pond northeast of Lake Cornelia between the Crosstown Highway and the Village of Edina Swimming Pool) cost at $8,700.00, proposed to be assessed against 87 lots at $lOO;OO as against Improvement Hearing Estimate of $60.30. of assessment was seconded by Trustee Tupa and carried, Special Assessment Levy later in Minutes,) Total construction cost, $5,989.18, proposed to be assessed Watemain - He then advised Council that he had €ound the Engineering Trustee VanValkenburg then moved (See Resolution Ordering Special Assessment Levy later in Minutes.) Tabulation of Assessment was presented by MI?. Hyde who gave total assessable Trustee VanValkenburg's motion for approval (See Resolution Ordering 10/3/66 6. STORM SEWER IMPROVEMENT NO. 85 SPECIAL ASSESSMENT LEVIED. (On the west side of Lake Edina approximately 500 feet north of Poppy Lane) Assessment , showing total construction cost at $5,042.18 , proposed to be assessed againsf 43 lots at $117.26 as against $50.00 Improvement Hearing Estimate. Mr. Everett A. Eyden, 7416 West Shore Drive, questioned why Lake Edina area property owners are being assessed for Lake Cornelia storm sewer improvements when Lake Cornelia area property owners are not being assessed for Lake Edina storm sewer facilities. Cornelia storm sewer project consisted of an overflow that diverted Southdale air conditioning water into both lakes whereas the Lake-Edina project was a dam that benefited the properties on Lake Edina only. of assessment, seconded by Trustee MacMillan and carried. 7. NEW HEARING DATE SET FOR STORM SEWER IMPROVEMENT NO. 90 SPECIAL ASSESSMENT. (Indian Hills Pass from Gleason Road to 220' southwest, Gleason Road from Indian Hills Pass to plus or minus 300 feet north of Valley View Road, Balder Lane from Gleason Road to Scandia Road, Scandia Road from Creek Valley Road to Nordic Drive from Valley View Road to plus or minus 850 feet south, and Creek Valley Road from Scandia Road to Nine Mile Creek) Tabulation of assessment was presented by Mr. Hyde showing total construction cost at $112,852.93, proposed to be assessed against 2,745,811 assessable square feet at $0.04156. Mr. Richard Mahoney, 6716 Rosemary Lane, stated that the area below his property was a swamp until it was subdivided and that improvement of this property constitutes a private rather than a public improvement. receive no benefit from the storm sewer. Mr. VanValkenburg stated that he desired to read to the persons in the audience a portion of a special assessment policy statement relating to storm sewers. He called attention to the fact that this statement of policy applied not only to the Storm Sewer Improvement No. 90, but also to the other storm sewers that were to be considered that evening. Mr. Hyde presented Analysis of Mr. Hite adwised that the Trustee VanValkenburg moved for approval Mr. Mahoney further stated that Rosemary Lane properties He read that statement of policy as follows: "In Edina, storm sewer improvements historically have been financed by special assessments against benefited property in the area served by the particular storm sewer improvement rather than by payment from general funds of the Village. theory is that at some time all property within Edina will be served by storm sewers to carry off accumulations of surface water and that since it is the development of property which both contributes to the accumulation of surface water and necessitates its removal, all property should bear the cost of the removal of the surface water. for storm sewers, it is felt, would penalize property which has already been assessed for storm sewer improvements by giving a "free ride" to property not yet so served. It should be recognized that a storm sewer improvement will benefit property in other ways than the obvious one of removing surface water from areas where it used to accumulate. Property will also be benefited by.(l) faster and more orderly run off of water from streets in the areas served by the sewer; (2) savings on street maintenance and replacement; .(3) prevention of breakdowns in utility service caused by flooding; (4) elimination of stagnant ponds and the concomitant dangers to health and safety; and (5) improvement of the appearance of the neighborhood by permitting growth and maintenance of grass and gardens in former ponding areas. to take all factors of benefit into account and to assess the benefited property in accordance with the benefits derived from the improvement. It may be argued that the higher ground in a drainage area receives less benefit than the lower land, and should therefore be assessed at a lower rate. may be controlling in a rural situation, but should .not be considered controlling in an urban situation. In the latter situation, the elevations and uses of land are subject to change, the tendency is toward ever more intensive development of the land, and buildings are located close to each other." Mr. VanValkenburg then stated that the statement of policy that he had read was an attempt to reduce to wri&ing some of the procedures followed in assessing. Village felt that drainage was not the sole consideration but that there are other benefits involved; that certainly the persons on high land don't have water standing on their lots but that there are other benefits determining whether the lot should or should not be assessed. Mr. Mahoney as well as Messrs. Thomas E. Ashley, 6728 Rosemary Lane; James L. McLaughlin, 6724 Rosemary Lane and Winston R. Wallin, 6720 Rosemary Lane, all. stated that they had received no mailed notice of this assessment hearing. they objected to the project on the grounds that it does not serve a public purpose. were advised by Village Attorney Schwartzbauer that the improvement hearing was the time when objections should have been made to the project and that the only objections pertinent at this hearing are objections to the assessments. In view of the fact that some of the property owners had indicated that they had failed to receive "Notice of Assessment Hearing," Trustee VanValkenburg offered the following resolution and moved its adoption: The Any departure from this approach by using general funds to pay It is the policy This argument He stated that the These gentlemen also stated that They RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING ' ON STORM SEWER IMPROVEMENT NO. 90 BE IT RESOLVED by the Council of the Village of Edina, as follows: 1. The Clerk and Engineer having calculated the proper amounts to 4e assessed for the improvement set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the district affected by said improvement, and said proposed assessment having been filed with the Clerk, the same are hereby approved, and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 10/3/66 2. hereinafter contained, to pass upon said proposed assessment, and the Clerk's action in publishing notices of said hearing in the official newspaper in accordance with law is hereby approved, Notice being as follows: EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, November 7, 1966, at 7:OO o'clock P.N., to hear and.pass upon all objections, if any, to the proposed assessment for the following improvement. This assessment is now on file in the office of the Village Clerk and open to public inspection. CONSTRUCTION OF VILLAGE STORM SEWER IN: This Council shall meet at the time and place specified in the Notice of Hearing forms NOTICE OF ASSESSMENT HEARING ON STORM SEVER IMPROVEMENT NO. 90 I Indian Hills Pass from Gleason Road to 220' southwest Gleason Road from Indian Hills Pass to plus or minus 300 feet north of Valley View Road Balder Lane from Gleason Road to Scandia Road Scandia Road from Creek Valley Road to Nordic Drive Scandia Road from Creek Valley Road to plus or minus 850 feet south Creek Valley Road from Scandia Road to Nine Mile Creek I The area porposed to be assessed for the cost of the above improvement includes all lots and tracts of land within the following described boundaries: . Auditor's Subdivision 196LParcels Nos. 4410, 4600, 5820, 6050, 6700, 6200, 7210, 7800 Cherokee Hills Addition, Block 2, Lot 1 Cherokee Hills Second Addition, Block 1, Lots 1 through 5 and Outlot 1 Cherokee Hills Third Addition, Outlot.1 Cherokee Hills Fourth Addition, Block 1, Lot 1 Indian Hills Addition, Lots A and B; Block 1, Lots 10 and 11; Block 2, Lots 1 and 2; Block 3, Lot 2; Block 7, Lots 1, 2 and 5 Sharpe-Bakke Addition, Lots 1 and 2 Valley Estates Addition, Block 1, Lots 1 through 15; Block 2, Lots 1 through 20; Block 3, Lots 1 through 42; Outlot 1 Valley Vista Addition, Block 1, Lots 2 through 15 Assessment 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 1966 collectible in 1967, 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, 1967. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. .The owner of any property assessed for the above improvement may bay the whole of the assessment without interest to the Village Treasurer on or before December 15, 1966, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL. I Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded& Trustee MacMillan and on rollcall there were four ayes and no nays and the reso ATTEST: 8. STORl4 SEVER IMPROVEI4ENT NO. 91 ASSESSMENT LEVIED, (West 76th Street and Vest 76th Street extended from pond in Tract C, R.L.S. #990 to 550' west of center line of France Avenue; Parklawn Avenue from West 76th Street to Parklawn Court; Parklawn Avenue from pond located in Outlot 1, Bertelsen Addition to 400' west of center line of France Avenue; the east line of Bertelsen Addition from PajckLawn Avenue north 247.6' and there terminating; on an easement line between Oaklawn and Parklawn Avenue) Assessment showing total construction cost at $126,238.95, proposed to be assessed as follows: feet at $.0114 as against improvement Hearing estimate of $.0127. to be assessed against 2,720,667 assessable square feet at $0 , 0464 as against Improvement Hearing estimate of $0.052. received prior thereto. seconded by Trustee Tupa and carried, later in Minutes . ) 9. STORM SEWER IMPROVEMENT NO, 88 SPECIAL ASSESSl4ENT LEVIED. (West 64th Street from Ridgeview Drive to Holborn Avenue; Ridgeview Drive from West 64th Street to Whiting Avenue) i4r. Hyde presented Analysis of Assessment showing total construction cost of $10,760.35, proposed to be assessed against 501,882 assessable square feet at $0.02144 per square foot against Improvement Hearing estimate of $0.0154 per square foot. Mr. Gerald Floren, 6316 Warren Avenue, recalled to Council that at the Improvement Hearing held on April 5, 1965, he had stated that he would object to assessment for this project on the ground that it is unjust and illegal, in view of the fact that the developer was the only one rqho benefited from the storm sewer, He urged Council to order a re-assessment and to limit the assessment to the property that required the storm sewer for development. Warren Avenue; Mrs. H. C. Albrecht, 6312 Harren Avenue; Hr. Lyle Gilbert, 6325 Warren Avenue; Mrs. H, V. Eggan, 6304 Warren Avenue and Hr. G. B. Johnson, 6336 Barren Avenue, all supported lfr. Floren in his objection to the assessment. kept emphasizing drainage whereas drainage was not the only consideration. that he personally had had the Village's policy statement on storm sewers delivered to Mr. Hyde presented Analysis of Oversizing Pipes - Proposed to be assessed against 2,335,600 assessable square Regular Pipes - Proposed No persons were present to offer objections and none had.been Trustee VanValkenburg's motion. for approval of the assessment was (See Resolution Ordering Special Assessment Levy 7- c Ts Mr. Joseph Landry, 6320 Mr. VanValkenburg stated that Mr. Floren He also stated I 10/3/66 Mr. Floren's office and that the p6licy statement had been several years in the process of discussions and development; that if the method of assessment proposed was not in accordance with the statute, the Village would not be proposing it. Mr. Floren claimed that the Council was disregarding the Village Attorney's advice. He stated that this assessment district was not made in accordance with the Village's policy as reduced to writing. Mr. Schwartzbauer stated that the policy statement that Mr. VanValkenburg had read is one that Mr. Whitlock and Mr. Spencer worked on for some period of time and that it expressed their legal views. He stated that Mr. Floren's insinuation that the Village is deliberately disregarding the advice of its attorney could not be further from the truth. started the practice of paying for all storm sewers on a general fund basis, that for many years the persons who are not proposed to be assessed would have paid in their Village tax rate a share of all of the storm sewers in town; that 60% of the developed area of Edina already has storm sewers and that the cost over the last ten years has been approximately 2-1/2 million dollars; and that had that practice been followed, about one-third or one-fourth of the present general fund tax levy would be for financing these sewers and that research would probably disclose that the Village's practices had been cheaper in the long run than spreading the costs over the entire Village. Mr. Bredesen stated that it is not true that the Council is not following the Village attorney's advice and that as far as he was concerned, he thought Council should adopt the resolution and order the assessment. Mr. Lyle Gilberg claimed that the people on the east side of Warren Avenue seldom are assessed for sewers, but the people on his side, the west side,-always get assessed, that he has five sewers on his property right now. Mr. Hite pointed out that he had been assessed for only one storm sewer and at the rate of $0.01516 while the property across the street had been assessed at the rate of $0.07614 per square foot. that there is a benefit to the property and moved for approval of the assessment. - Mr. Tupa seconded the motion. Motion carried unanimously. (See Resolution Ordering Special Assessment Levy later in Minutes.) 10 . STORM SEWER IMPROVEMENT NO. 81 SPECIAL ASSESSMENT LEVIED. (Commencing at Barrie Road 1374 feet North of West 66th Street, thence east to the proposed York Avenue; thence north and into a storm water holding pond; thence west by pump and force main into an existing storm sewer in Barrie Road 793 feet south of Heritage Drive.) an Analysis of Assessment, showing total construction cost at $69,801.20, proposed to be assessed against 1,001,452 assessable square feet at $0.0697 per square foot as against Improvement Hearing estimate of $0.0278 per square foot. the cost is higher than the estimate because of the necessity of purchasing land for ponding which it had been thought would be donated. protests and none had been received prior thereto. for approval of the assessment was seconded by Trustee Tupa and carried. Ordering Assessment Levy later in Minutes.) 11. STORM SEWER IMPROVEMENT NO. 83 ASSESSMENT HEARING RESCHEDULED. (Rear of Lot 2, Block 2, Mirror Lakes Meadow-Wood 2nd Addition; East to curb of Dundee Road, 5516 and 5520 Dundee Road) at $4,358 . 50, proposed to be assessed against 84,467 assessable square feet at $0 . 0516 as against Improvement Hearing estimate of $0.05. read a prepared statement, signed by his wife, and Mr. and Mrs. John Helgeson; 5513 Highwood Drive, protesting the assessment. This statement asserted that the entire low area at 5516 and 5520 Dundee Road in which houses were built has been part of a natural ' drainage way which was blocked initially by the construction of Dundee Road. Mr. Holl further stated that records will confirm that tests made in 1957 by a soil testing and engineering company for a prospective buyer disclosed a soil condition unsuitable for residential construction after 35 foot cores indicated a silt-like bottomless basin at the property upon which the house at 5520 Dundee Road was constructed. requested to assess part of the cost of the pump which was necessary for relief of the properties at 5516 and 5520 Dundee Road against those two property owners and to pay the additional cost from General Funds. that of the Holls is assessed for over half of the cost of the project. Mr. Hite stated that originally properties to the north wece also proposed to be assessed and that these properties were removed from the assessment district at the Improvement Hearing because it was claimed that they were self-contained from a topographical standpoint. However, in April, 1965, the waters in this area did reach sufficient height to overflow and there may now be a basis for expanding the assessment district. stated that as high land properties further develop a new system will have to be installed which will extend north under Dundee from West 56th Street and that the pump will not be necessary after that installation has been made. Road, stated that he is in agreement with statements made by Mr. Helgeson and Mr. Holl. Mayor Bredesen suggested that a new hearing be conduc'ted in order to enlarge the assessment area, whereupon Trustee MacMillan's motion that the Assessment Hearing date be rescheduled for November 21 was seconded by Trustee VanValkenburg and carried. Mr. Hyde pointed out that if the Village had Mr. VanValkenburg stated that it was his feeling Mr. Hyde presented Mr. Hyde stated that No persons were present to register Trustee VanValkenburg's motion (See Resolution Analysis of Assessment was presented showing total construction cost Mr. Trygve Holl, 5509 Highwood: Drive, Council was Mr. John Helgeson stated that his property and Mr. Hite further Mr. Earl T. Muehlhousen, 5528 Dundee 10/3/66 Trustee VanValkenburg then offered the following resolution and moved its adoption; RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF SANITARY SEWER IMPROVEMENT NO. 238; PlATEREiAIN IMPROVEMENTS 201, 191 AND 192; STREET IMPROVEMENT NO. BA-77 ; STORM SEHER 1MPROVEI.IENTS NOS. 86, 85, 91, 88 AND 81 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. The Village has given notice of hearings as required by law on the proposed assessment rolls for the improvements hereinafter referred to, and at such hearings held on October 3, 1966, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the following improvements: TJatermain Improvements 201, 191 and 192; Street Improvement No. BA-77; Storm Sewer Improvements Nos. 86, 85, 91, 88 and 81 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessment on account of said-espective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assess- ment from the date hereof to December 31, 1967, to be payable with the general taxes for the year 1966. The number of such annual installments shall be as follows: For Sanitary Sewer Improvement No. 238, Watermain Improvements Nos. 201, 191 and.l92,.Street Improvement No. BA-77 and Storm Sewer Improvements 91, 88 and 81, all ten installments; For Storm Sewer Improvements Nos. 85 and 86 each five installments. 4. The Village Clerk shall forthwith prepare and transmit to the.County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. by a county, by a political subdivision or by the owner of any right-of-way, as required by I-linnesota Statutes, Section 429.061, Subdivision 4, and kf any such assessment is not paid in a single lnstallment the Village Treasurer shall arrange for collection thereof in installments as set forth in said section. I Sanitary Sewer Improvement No. 238; J The Clerk shall also mail notice of any special assessments which may be payable Motion for adoption of the resolution was sec there were four ayes and no nays and the r ATTEST: , and on rollcall LLBd Mayor \ - Village Clerk GRANDVIEW AREA IEIPROVEMENT BIDS RECEIVED . Clerh, approved as to form and ordered placed on file. Mr. Hyde presented tabulation of four bids showing Bury and Carlson, Ipc. low at $97,834.58, Alexander Constnuction Company, Inc., second &ow at $119,671.72; Black Top Service third low bidder at $122,605.29 and J. V. Gleason Company, Inc.. high bidder at $124,803.35. Engineer's estimate M~S given at $93,423.60. final approval from the State Highway Department and requested that the bids be held for two weeks. by Trustee VanValkenburg and carried. Affidavit of Publication was presented by Mr. Hite stated 'that it will be necessary to obtain Trustee Tupa's motion to hold bids until October 17 meeting was seconded EDINA INTERCHANGE CENTER SECOND ADDITION PETITIONS, for Watermain, Sanitary Sewer, Street Surfacing and Storm Sewer were received and referred to the Engineering Department for programming by motion of Trustee MacMillan, seconded by Trustee Tupa and carried. EDINA INTERCHANGE CENTER SECOND ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Hite presented Edina Interchange Center Second Add5tion for final plat approval, stating that Planning Commission had not yet granted final approval, but that it would be considered at Planning Commission Meeting of October 5. then offered the following resolution, subject to approval of Planning Commission and moved its adoption: Trustee VanValkenburg RESOLUTION APPROVING EDINA INTERCHANGE CENTER SECOND ADDITION BE 1T.RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Edina Interchange Center Second Addition," platted by Metro - U.S. Construction Corporation and presented at the meeting of the Village Council of October 3, 1966, be and is hereby approved. Motion for adoption of the resolution was seco there were four ayes and no nays and the reso ATTEST : 10/3/66 3 CLEVELANDS SUBDIVISION, PARKSIDE REPLAT GRANTED FINAL PLAT APPROVAL. Presented €levelands Subdivision, Parkside Replat for final approval, stating that Planning Commission had not yet granted final.approva1, but that it would be considered at Planning Commission Meeting of October 5. offered the following resolution, subject to approval of Planning Commission, and moved its adoption: RESOLUTION APPROVING Mr. Hite Trustee VanValkenburg then CLEVELANDS SUBDIVISION - PARKSIDE REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain' plat entitled "Clevelands Subdivision - Parkside Replat ," platted by C. Victor Larson and Christina Larson, husband and wife; Joseph J. Maurer and Mary J. Maurer, husband and wife; and Donald W. Wickstrom and Velma J. Wickstrom, husband and wife, and presented at the Regular Meeting of the Edina Village Council of October 3, 1966, be and is hereby approved. Motion for adoption of the resolution was there were four ayes and no nays and the by Trustee MacMillan and on rollcall was adopted. ATTEST : L?&&& n 8L- Mayor Village Clerk COUNTY ROAD.20 COST SHARING AGREEMENT APPROVED. a cost sharing agreement with Hennepin County Highway Department for improyements on County Road 20 between T,H. 169 and Hankerson Avenue, whereby the cost is divided approximately one-third to the Village and two-thirds to the County. Trustee VanValkenburg offered the following resolution and moved its adoption: RESOLUTION AUTHORIZING COST SHARING AGREEMENT WITH Mr. Hite.asked approval to execute Whereupon HENNEPIN COUNTY FOR COUNTY ROAD 20 IMPROVEMENTS BE IT RESOLVED by the Village Council of the Village of .Edina, Minnesota, that the Mayor and Village Manager are hereby authorized to enter into cost sharing.agreement with Hennepin County for improvements for County Road 20 (as proposed by Hennepin County. Highway Department.). t4otion for adoption of the resolution, was sec ATTES*T: WEST 62ND STREET VACATION HEARING DATE SET.. Mr. Hite advised Council that upon very thorough consideration of the request for a stop sign on the corner of Peacedale and West 62nd Street by the Traffic Safety Committee, it is recommended that West 62nd Street be vacated between Brookview Avenue and Oaklawn Avenue. . It is felt that because it would then be necessary to make a right angle approach to Valley View Road, this action would reduce the speed and the nu,mber of v-ehicles using West 62nd Street. 4005 West 62nd Street, stated that in his opinipn a stop sign at this-location is more important than many existing stop signs. Traffic Safety Committee,.neither the traffic volume or speed of fraffic justifies a stop sign, as in the locations cited-by Mr. Hagmeier. spent considerable time.watching traffic at the location in question and that in his judgmenf the advice of experts and professionals employed by the Village should be followed. ,Trustee VanValkenburg's motion setting heaping date for November 7 for vacation of a portion of Nest 62pd Street was seconded by Trustee Tupa and carried. Mr. WiJliam Hagmeier, Mr. Hite replied $hat in the opinion of the Mayor Bredesen stated that he has LAKEVIEW DRIVE, AND WIND ROAD ACCESS TO- T.H. 100 CLOSING HEARING. DATE SET. advised Council that two residents had requested that accesses be closed to Lakeview Drive.and Wind Road from T.H. 100. and by the State Highway Department. motion setting November 7 for hearing date for closing accesses by putting up barricades at each street was seconded by Trustee Tupa and carried. Mr. Hyde This action is approved by the Edina Police Department Upon recommendatipn of Mr. Hite, Trustee MacMillan's CAMPAIGN SIGNS ON PUBLIC PROPERTY TO BE REMOVED. campaign signs have been placed on public property, letters have been sent to all candidates advising them that the Village will remove allsigns left on public property. Mr. Hyde advised Council that because CIVIL DEFENSE PLAN APPROVAL was continued in order that it could be further studied by Council members. STATE AID FUNDS REQUESTED FOR T.H. 169. of Municipal State Aid funds for T.H. 169, Trustee VanValkenburg offered the following resolution and moved its adoption: Upon recommendation of Mr. Hite for request 10/3/66 RESOLUTION Appropriation of Municipal State-Aid Funds To T.H. 169 Project WHEREAS, it has been deemed advisable and necessary for the Village of Edina to participate in the cost of a construction project located on T.H. 169 within the limits of said municipality, and WEREAS, said construction project has been approved by the Department of Highways and identified in its records as S.P. NOW, THEREFORE, BE IT RESOLVED: State-Aid Street-Funds the sum of $ said project and request the Commissioner of Highways to approve authorization. Motion for adoption of the resolution was se there were four ayes and no nays and the-res ATTEST : . That we do hereby appropriate from our Municipal to apply toward the construction of ... ELECTION PERSONNEL APPOINTED. stating that the list is not quite complete. Clerk presented the following Roster of Election Officials Trustee VanValkenburg then moved approval with authority to Clerk to make such.additiona1 appointments and replacements as are necessary to staff the polls. PRECINCT NO. 1 - Wooddale School - Mmes. Marjorie Rossiter, Chairman; Marjorie McCall; Motion seconded by Trustee Tupa and carried. Jane Hawthorne; Frances Grinley; Katherine -H.. Kaiser; Evelyn Anderson; Katherine Ritchie; Ann Bieter; Jane Rocheford; Maxine Mitchell. PRECINCT NO. 2 - Village Hall - Mmes. Nellie Strate, Chairman; Dorothea Obermeyer; Betty Hess; Doris Hartshorn; Erma Hoyt; Frances Sonnenberg; Marion Bailey; Delores Peterson; Mary Jane Balmgren; Dorothy Schmidt and Helen M. Hall. Alternate, Iks. Marlys Moore. Sylvia Loheyde; Betty Tripp; Betty Bentzen; Marcia Parker; Ruth Zipoy; Constance Ryan; Josephine Nelson; Irma Foley. McDonald and blaribeth Halloran . .. PRECINCT NO. 4 - Concord Elementary School - Mmes. Eunice Carlson, Chairman; Gertrude Perlioh; Dorothy Nonaweiler; Evelyn Nicholson; Florence Bahneman; Yvonne Ford; Virginia Dash; Alameda Kenerson; Betty Rehm; Josie Korthof. Alternates, Mmes. Helen Orrben and Arlene Sweenes. Mary Luttke; Juliet Haedeke; Mary Ryan; Geneva E. Smith; Marion D. Lyons; Anna Taggatz and Eleanor Thornton. Peterson and Lenore Lindsey. Evelyn Jensen; 14uriel L. Clauson; 1.Iarguerite Sister; Jane Fleet and Alice Swanson. - Alternates, Mmes. Helen O'Brien, Lucille Hartman and Barbara Anderson. Myrle Kiichli; Adele L. Stewart; Grace Callaghan; Ellen Juhl; Margaret N. Borsch; Beatriice Pegman; Mary Ann Uhlemann. Alternates, Mmes. Lorraine Miller and Henrietta Bartlett. PRECINCT NO. 8 - Cornelia Elementary School - I4mes. Muriel Thompson, Chairman; Adele Olson; Mavis Storrey; Lucie C. Emerson; June V. Dreher; Catherine Kovar; Ruth Jensen; Ruth Johnson; Lavina Kamiske and Mary Kane. Alternates, Mmes. Agnes DePasquale and Josephine Halvenstet. - PRECINCT NO. 9 - Morningside Municipal Building.- Mmes. Janet L. Hyde, Chairman; Vivian Miller; Alice Rose; Shirley T. Dibble; Virginia G. Courtney; Elizabeth * Anderl. Counting Judges - Nmes. Wargary Joyce; Jeanelle Lushine; Joanne Downey; Barbara Sullivan; Marge Brothers and Messrs. Larry Zetzman; Irving Nudell; Donald Degeberg; John Cook; Selbert Cook. Alternate, Mrs . Edith Dudley. PRECINCT NO. 3 - Southview Jufiior High - Mmes. Audrey Berglund, Chairman; Ruth Volk; Alternates, 14mes. Jean I PRECINCT NO. 5 - Cahill Elementary School - Mmes. Lorraine Hasselquist, Chairman; Alternates, Mmes. Marion PRECINCT NO. 6 - Shepherd of the Hills Church - Mmes. Dorothy Richardson, Chairman; . PRECINCT NO. 7 - Edina Highlands Elementary - Mmes. Alice E. McFadzean, Chairman; SAWY RESOLUTION CONSIDERED. based on budget discussions. an increase in pay for certain departments. and Mr. Hyde get together in an attempt to work out any possible changes and that the I$r. Hyde presented a copy of the 1967 Salary Resolution Mr. Robert McPherson of the union was present requesting I Mayor Bredesen suggested that Mr. McPherson .adoption of the salary resolution be held over to October 17. LIQUORREPORT as of August 31, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee Tupa.and carried. CLAIMS PAID . Motion, by Trustee Tupa was secondeg by Trustee MacMillan and unanimously carried for payment of the following claims as per Pre-List dated October 3, 1966: General Fund, $11,748.52; Construction Fund, $2,771.91; Parks, Park Construction, Golf Course and Arena, $2,550.34; Water Fund, $488.50; Liquor Fund, $28,610.03; Sewer Rental Fund, $23,849.23; Total, $70,018.53; and for confirmation of the following payments: 10/3/66 227 I M a0 9/19/66 International City Managers' Assn. General Funds $ 19.25 , 9 /19 / 66 W. S. Nott Company General Funds 319.91 9/19/66 State Treasurer Parks 174.00 9/19/66 Texaco, Inc. General Funds 1,332.95 GARBAGE-Ld HOUSEROLD REPI%E .ASSESSMENT '.HWNG -DBTE-SE'1'.: : UP~cin1:re'commenddion:bf Mr Hyae )I Trustee VanValkenburg- *offered: itlie d?ollowifigmresolution :and moved its adopt ion : BE IT RESOLVED by the Council of the Village of Edina, as 'foIlow2: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvement set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the district affected by said improvement, and said proposed assessment having been filed with the Clerk, the same are hereby approved, and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed assessment, and the Clerk's action in publishing notices of said hearing in the official newspaper in accordance with law is hereby approved. Notice being as follows: NOTICE OF ASSESSMENT HEARING ON RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING ON GARBAGE AND HOUSEHOLD REFUSE COL,FCTION NO. G-1 . --_ . GARBAGE AND HOUSEHOLD REFUSE COLLECTION FOR 1967 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, November 7, 1966, at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessment for garbage and household refuse collection in the area formerly known as the "Village of Morningside." This assessment is now on file in the office of the Village Clerk and open'to public inspection. The proposed assessment for the 1967 calendar year, collectible in that same year, is $25.50 per residence, such being the low bid as submitted by' Edina-Morningside Sanitation. Said assessment shall include two bollections per week, per residence. Motion for adoption of the resolution was there were four ayes and no nays and the r ATTEST: cMillan and on rollcall kL w J, L Mayor ' Village Clerk The agenda's business having been covered, Trustee Tupa's motion fbr adjournment was seconded by Trustee MacMillan and carried. Adjournment at 9:25 P.M. /&&&fA d- & Village Clerk