HomeMy WebLinkAbout19670717_regular7/17/67
MINUTES OF THE REGULAR MEETING OF THE
MONDAY, JULY 17, 1967
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
N e
Yembers answering rollcall were Trustees Courtney, Johnson, MacMillan, VanValkenburg,
and Mayor Bredesen .
MINUTES of the meeting of July 10, 1967, were approved by motion of Trustee VanValkenburg,
seconded by Trustee MacMillan and carried.
PUBLIC HEARING CONDUCTED ON PROPOSED STORM SEWER. Stating that this public hearing for
the storm sewer proposed to be constructed on West 56th Street between Brookview Avenue
and Woodcrest Drive-had been continued from the meeting of June 19, 1967, in order that
opponents could have an opportunity to secure legal and engineering advice relative to
the prescriptive right of owners of high properties to drain surface water into the low
area at West 56th Street and Woodcrest-Drive, Mr. Hyde advised that the Village had not
been contacted by any attorney or engineer relative to the storm sewer.
from the Village Attorney's opinion that the owners of the high ground had acquired no
prescriptkve right to drain their surface water to the slough for the reason that such
drainage was not adverse as long as the lower property was in an unimproved condition.
Mr. Whitlock also advised that in his opinion the owner of the low ground was free to fill
and improve his property and further that the former slough is not the only property
likely to be benefited by the improvement. 14r. Hyde stated that it is recommended that
the storm sewer be installed as originally proposed at the meeting of May 15, 1967, but
that the assessment area should include properties in Colonial Grove 5th and 6th Addition,
Shady Pines, and Minnehaha Woods which had been added to the drainage area and notified of
the June 19th meeting.
area at the rate of $0.018 per square foot. Mr. Vern G. Linder, 5441 Woodcrest Drive,
and Mr. C. A. Kuntz, 5437 Woodcrest Drive, both stated that they did not think it fair
to assess the Woodcrest hill property and suggested that the project could be constructed
less expensively by the use of a series of drains with grillwork in the curbing of the
low area.
equate. He furthep stated that competent hydraulic engineers have been consulted, and
that they have concurred that the plans proposed by the engineering department are the
most satisfactory method of solving the problem. Mr. Arthur Leonard, 5532 Brookview
Avenue, stated thaV vehement objections had been expressed at each of the preceeding
meetings and that in a democracy the desire of the majority should rule.
advised Mr. Leonard that this is a republic as well as a democracy and that in a republic
those who share in a problem should share also in the relief of that problem. He pointed
out that many property owners do not make use of the schools, police or fire departments
of a municipality, but that they still pay for these servic es as a part of their tax
bill. Mayor Bredesen then read a letter signed by Mr. and Mrs. C. B. Clemetson, 5427
Woodcrest Drive, who stated that they opposed being assessed for the storm sewer.
Bredesen further advised that there has only been one storm sewer installed in the Village
which has not been opposed by some property owners.
two ways in which to assess storm sewers, one method being to charge the cost against
General Funds, and the other method by assessing all the properties in the drainage
district.
General Funds, property owners in this storm sewer district would have paid more over the
years than this assessment will cost.
Brookview Avenue, Mr. Hite repeated the recommendation of the Village that pipes be laid
along West 56th Street between Brookview Avenue and Minnehaha Creek at an estimated cost
of $29,432.98 proposed to be assessed against properties in the drainage district at
1.8e per square foot, and that no credit be given for cost of storm sewers already in-
stalled' in the low area.
moved its adoption:
Mr. Hyde quoted
Mr. Hyde further advised that it is proposed to assess the benefited
Mr. Hite advised that this approach had been considered and found to be inad-
Mayor Bredesen
Mayor
Mr. Hyde pointed out that there are
He pointed out that if the Village had originally charged storm sewer cost to
Upon the request of f4r. Henning Blomgren, 5536
Trustee MacMillan then offered the following resolution and
RESOLUTION ORDERING
STORM SEWER IMPROVEMENT NO., 110
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council here-
tofore caused notice of hearing to be duly-published and mailed to owners of each parcel
within the area proposed to be assessed on the following improvement:
CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING:
West 56th Street from Minnehaha Creek to Brookview Avenue
Brookview Avenue from West 56th Street to West 55th Street
West 55th Street from-Kellogg Avenue to 134.9' East of Brookview Avenue
and at the hearing held at the time and place specified in said notice, the Council has
duly considered the views of all persons interested, and being fully advised of the
pertinant facts, does hereby determine to proceed with the construction of said improve-
ment as described in the published notices of said hearing except storm sewer pipe shall
be eliminated in Brookview Avenue from West 55th Street to West 56th Street, in West 55th
Street from Kellogg'Avenue to 134.9' East of Brookview Avenue and in existing systems in
Colonial Grove 5th and 6th Additions;Lincluding all pyoceedings which may be necessary in
eminent domain for the acquisition of necessary easements and rights for construction and
7/17/67 I
maintenance of such improvement; that said improvement is hereby designated and shall be
referred to in all subsequent proceedings as STORM SE\?ER IMPROV&ENT NO. 110 and the area
to be specially assessed therefore shall include all lots and tracts of land within the
following describedaoundaries:
County, Minnesota; thence Southerly to the Northwest corner of Lot 20, Block 10, South
Harriet Park, Hennepin County, Minnesota; thence Easterly 66 feet along the South line of
West 54th Street; thence Southerly
Wooddale Avenue to the South lot line of Lot 18,.Block 11, South Harriet Park, Hennepin
County, Ninnesota; thence Easterly to the Southeast corner of Lot 18, Block 11, South
Harriet Park, Hennepin County, 1-linnesota;.thence Southerly along the rear lot lines of
Lots 4 thru 10, Block 11, to the Southwest corner of Lot 10, Block 11, South Harriet Park,
Hennepin County, Ninnesota; thence Easterly along the North line of Vest 56th Street a dis-
tance of 62 feet; thence Southerly to a point on the South line of West 56th Street, said
point being 62.31 feet Best of the Northeast corner of Lot 8, BLock 2, Colonial Square;
thence Southerly to a point on the South line of Lot 8, Block 2, Colonial Square, said
point being 67.39 feet Westerly of theSoutheast corner of Lot 8, BLock 2, Colonial Square;
thence to a point on the South line of Lot 7, Block 2, Colonial Square, said point being
69.37 feet Southwesterly of the Southeast corner of Lot 7, Block 2, Colonial Square; thence
Southeasterly to a point on the Southeasterly line of Lot 6, said point being 74.4 feet
Southwesterly of the Southeasterly corner of-Dot 6, Block 2, Colonial Square; thence .
Southeasterly to a point on the Easterly line of Lot 5, Block 2, Colonial Square, said
point being 60.72 feet Southwesterly of the.Northeast corner of Lot 5, Block 2, Colonial
Square; thence Easterly to a point on the East line of Lot 4, Block 2, Colonial Square,
said point being 62.5 feet Southerly of the Northeast corner of Lot 4, Block 2, Colonial
Square; thence Easterly to a point on the East line of Lot 3, Block 2, Colonial Square,
said point being 62.5 feet South of the Northeast corner of Lot 3, Block 2, Colonial Square;
thence Northeasterly to a point in Lot 3, Block 1, Edwards Addition, said point being 55
feet East of the West line and 85 feet North of the South line of said Lot 3, Block-I,
Edwards Addition; thence Southeasterly to a point on the East line of Lot 3, Block 1, Ed-
wards Addition, said point being 50 feet South of the Northwest corner of Lot 31, Colonial
Grove 2nd Addition, Edina, Minnesota; thence Southeasterly to a point in Lot.29, Colonial
Grove 2nd Addition, Edina, tlinnesota, said point being 50 feet Nest of the Vest line and
20 feet South of the North line of said Lot 29; thence Easterly to a point in Lot 30,
Colonial Grove 2nd Addition, said point being 50 feet East of the Vest line and 20 feet
South of the North line of said Lot 30; thence Northerly to a point on the North line of
said Lot 30, said point being 50 feet East of the Northwest corner of said Lot 30; thence
West to the Northeast corner of Lot 30; thence Southerly, Uesterly, East-
erly, Southwesterly, Westerly, Southerly , Easterly , Northeasterly, Northweste~~~~~~~~~~ly
enly, Northwesterly, and Northeasterly around the outside boundary of Colonial Grove 6th
Addition, to the Northeast corner of Lot 1, Block 2, Colonial Grove 6th Addition; thence
Northwesterly to a point-on-the South line of Lot 4, Block 1, Colonial Grove 5th Addition,
said point being 35 feet:'Easterly of the Southwest corner of said Lot 4, thence Northeast-
erly, Northerly, and Northwesterly 35 feet East of and North of and parallel to the East
line and North line of Voodcrest Drive to a point in Lot 5, Block 1, Minnehaha Woods, said
point being 35 feet Northeasterly of the Southwest corner of said Lot 5; thence Westerly
to the Southwest corner of Lot 4, Block 1, blinnehaha Woods; thence Southeasterly to the
Northwest corner of Lot 1, Block 2, Minnehaha WOods; thence' Southerly along the East line
of Park Place to a point in the West line of Lot 3, Block 2, I-Sinnehaha t700dS, said point
being 25 feet South of Northwest corner thereof; thence Northwesterly to the Northeast
corner of Lot 8, Block 7, South Harriet Park, Hennepin County, Minnesota; thence North-
westerly to the Northwest corner of Lots, Block 7, South Harriet Park, Hennepin County,
I-linnesota; thence Westerly to the Southeast corner of Lot 5, Block 8, South Harriet Park,
Hennepin County, Minnesota; thence Northwesterly to the Northwest corner of Lot 19, Block
8, South Harriet Park, Hennepin County, Minnesota; thence Vesterly~ to the Southeast corner
of Lot 1, Block 9, South Harriet Park, Hennepin County, Minnesota; thence Northwesterly to
the Northwest corner of Lot 1, Block 9, South Harriet Park, Hennepin County; thence North-
erly to the Southeast corner of Lot.11, Block 5, South Harriet Park, Hennepin County,
Minnesota; thence Northwesterly to the Northwest corner of Lot 12, Block 5, South Harriet
Park, Hennepin County, Minnesota; thence Nesterly to the Northeast corner of Lot 9, Block
4, South Harriet Park, Hennepin County, Minnesota; thence Southwesterly to the Southwest
corner of Lot 11, Block 4, South Harriet Park, Hennepin County, Minnesota, which is the
point of beginning.
Motion for adoption of the resolution was seconded
there were five ayes and no nays and the resolution
ATTEST :
Commencing at the Southwest corner of Lot 11, Block 4, South Harriet Park, Hennepin
66 feet Easterly of and parallel to the East line of
. I. Southwester1
/ 3,L c2- 4. $LL.L€Lq
9 Village Clerk
J. A. DANENS & SON GRANTED FIRST READING FOR TEMPORARY EXCAVATION DISTRICT. Affidavits
7/17/67
of mailing and publication in the Edina Courier were presented by,Clerk, approved as to
form and,ordered placed on file.
Temporary Excavation District for the parcel north of West 78th Street and east of Braemar
Park'and Marth Road. .He advised Council that the topography is characterized by,the large
hill in the center of the area known as Marth Hill or Cow Hill.
200,600 cubic yards of dirt within a two year period in order to cut down the property so
that it may be developed eventually for single family development in general conformance
with zoning plans for that area.
have already been submitted. Planning Commission has recommended approval of the permit
provided a new access road is developed.
ordinance rezoning property to Temporary Excavation District and authorizing issuance of
Mr. Hite presented request of J. A. Danens E Son for a
It is proposed to mine
It was pointed out that the required bond and certificate
Trustee Johnson then offered first reading of the
excavation permit for a period of two years, provided material mined is removed only from
a new access road running in a generally southerly-northerly direction intersection West
78th Street at a point approximately in the'middle of the property, and provided further,
that Mr. Danens comply with all provisions of the applicable ordinance as follows:
ORDINANCE NO. 262A-9
AN ORDINANCE AMENDING ORDINANCE ?62A, REGULATING
AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL
THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING
TEMPORARY EXASATION DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 3(a) (Excavation Districts Created) of Ordinqnce No. 262A, !!An
Ordinance Regulating the Use of Land in the Village for Mining, Stripping and Extraction
Purposes," as amended, is hereby further amended by adding at the end of said section the
following:
"Area No. 12
The East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township
116, Range 21, except the East 132 feet of the South 1/2 of the Southwest l/4
of the Southwest 1/4 and except the South 270 feet of the West 238 feet of the
East 370 feet thereof. Also the East 187 feet of the West 1/2 of the Southwest
1/4 of the Southwest 1/4 of Section 8, Township 116, Range 21, except the East
167 feet of the South 232 feet thereof."
'
Section 2. This Ordinance shall be in full force and effect from and after its
passage and publioation according to law.
EDINA PLAZA CORPORATION REQUEST FOR PLANNED INDUSTRIAL ZONING GRANTED FIRST READING.
Affidavits of Mailing and Publication were presented by Clerk, approved as to form and
ordered placed on file. Mr. Hite presented request of Edina Plaza Corporgtion for re-
zoning three parcels of land situated South of West 78th Street along the Edina Village
Limits from R-1 Residential District to Planned Industrial District. He advised that the
property is bordered by industrial development on the east, the Bloomington Freeway In-
dustrial Development to the south and single family dwellings to the west and north. Mr.
Hite also brought out that the property isincluded in the Southwest.Edina Plan study and
is recommended for Planned Industrial use. Mr.. Quentin Jenson, 7712 Glasgow Drive, asked
what type of buildings would be constructed and was advised by Mr. Hyde that the develop-
ment would be the same general type as other buildings in the industrial area with parking,
screening, and setbacks as required by ordinance.
of the road which would accommodate traffic from the area.
that it is proposed to construct a new road perpendicular to Highway 5.
advised Mr. Jenson that development in this area would tend to make sewer and water avail-
able for Glasgow Drive at an early date.
questioned the fact that grading changes hadkeen made and asked what would be done to
insure proper drainage.
of lakes to serve as temporary ponding areas and thence into an existing pipe under
Interstate #494.
been aware of the drainage problem mentioned by Elr. Johnston, but that he would see that
measures wouXd be taken to insure proper drainage.
Trustee VanValkenburg offered first reading of the following ordinance approving the
rezoning and moved its adoption:
Mr. Jenson also questioned the location
He Fsas-advised by Mr. Hite
Mr. Hyde also
Mr. 0. B. Johnston, 5548 West 78th Street,
He was advised by Mr.IHite that it is proposed to use a series
Mr. Antonio Bernard:, developer in the area, advised that he had not
No further discussion being heard,
ORDINANCE NO. 261-147
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
(Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of
Edina, as .amended, is hereby further amended by adding after subparagraph (s) of said
paragraph 2, the following subparagraph:
.
ESTABLISHING AN ADDITIONALfPLANNED INDUSTRIAL DISTRICT
Paragraph 2, "Boundaries of Planned Industrial District" of Section 10 Section 1.
"(t) The West 3/4 of that part of the Southwest 1/4 of the Southeast 1/4 lying
South of State Highway No. 5, Section 8, Township 116, Range 21, Hennepin
County, Minnesota."
This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Section 2.
FOLKE VICTORSEN GRANTED R-4 ZONING IN WILCKEN'S FIRST ADDITION. :Affidavits a€ Meling
138 1 7/17/67
and Publication were presented by Clerk, and ordered placed on file after approval of
form. Hr. Hite presented request of Mr. Folke Victorsen for zoning change of Lots 1
and 2, Block 1, Wilcken's First Addition from R-3 Nultiple District to R-4 Nultiple .
District.
of Interlachen Boulevard at Hankerson Avenue, was granted R-3 zoning in 1965 when MrR
John Louis had intended to erect an eight unit apartment building.
advised that he now proposes to construct a seventeen unit building which will have
fifteen two-bedroom units and two one-bedroom units with underground resident parking.
Mr. Victorsen presented site plans which showed that the building will be two stories
on Interlachen Boulevard and three stories to the-rear. brr. Hite pointed out that
the roof design made the building appear as low as possible and that he feels that the
current building and site plan to be more attractive than the plan previously sub-
mitted by Mr. Louis.
approved. Mr. Arthur B. Eustis, 4816 Rutledge and Mr. L. G. Johnson, 4820 Rutledge Ave.
who live directly behind the site of the proposed building, advised that while'they
did not oppose a two story building, they feel that a three story apartment would de-
crease the value of their property, Err. Victorsen advised that the driveways will be
ten feet from the east and west property lines and that the height of the buildihg will
be between twenty-five and thirty feet. He advised that there would be no fences on the
lot line and that if there is any problem caused by water run-off, he will install a
new intake which will drain into an existing storm sewer situated along the east side
of his property.
within 100 feet of his property as recommended by Planning Commission, and that only
two families had attended the meeting.
notified and was told that notice had been mailed to the owner of record, H. H. Dill.
No further discussion was heard, whereupon Trustee VanValkenburg offered the following
ordinance for first reading and moved its adoption:
Mr. Hite pointed out that this property, which is located on the north side
Mr. Victorsen
The Planning Commission had recommended that the project be
Mr. Victorsen advised that he had offered to meet with neighbors
Mr. Eustis pointed out that he had not been
ORDINANCE NO. 261-148
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING ADDITIONAL R-4 MULTIPLE .RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, filINNESOTA, ORDAINS:
Section 1. Paragraph 1, Multfple Residence District Boundaries, of Section 4,
(Mult~ple Residence District) of Ordinance No. 261 of revised ordinances of the Village
of Edina, as amended, is hereby further amended by adding the following subparagraph; I District R-4 :
"(24)
Section 2.
Lots One (1) and Two (21, Block One (l), Wilcken's First Addition."
This Ordinance shall be in full force and effect'from and after its
passage and publication according to law.
INLAND CONSTRUCTION COI~IPANY ZONING CHANGE DENIED IN STOH * S EDGEMOOR ADDITION. Affida-
. vits of Hailing and Posting were presented by Clerk, approved as to form and ordered
placed on file.
zone property located on the west side of Lynmar Lane between West 72nd Street and
Hazelton Road from R-1 Single Family District to R-4 thltiple Residence District.
Hite pointed out that a number of apartment proposals have been considered and rejected
over the past several years for this property and that an R-2 proposal had been approved
but withdrawn when the Board of Appeals refused to grant lot area variances necessary
to construct three, rather than two, dwellings on the site.
Shore Drive, representing the Lutheran Church of the t4aster located directly 'east of
the property in question, advised that Inland C6nstruction had built the apartment to
the north of the church and that the parking on the street by residents of thatqbuilding
have caused traffic problems.
additional hazards, particularly inthe winter.
president of Del Edge Association, advised that he considers the proposed apartment
building worse than the request for double dwellings which had been denied.
Schweitzer, 7117 Heatherton Trail, pointed out that if this zoning should be approved,
there would be even more of a problem when the Oscar Roberts property to the south is
developed.
the Board of Education had taken no official position, he would hope that double dwel-
lings could be built on the property in order that the value of the abutting property
would not be reduced. Trustee Courtney's motion to deny the request for rezoning of
Inland Construction Company was then seconded by Trustee NacMillan and carried unan-
imous ly .
Iafr. Hite presented the request of Inland Construction Company to re-
Mr.
.
Mr. John Olson, 7458 West
He stated that construction of this building would cause
Mr. Robert Kuhl, 7121 Heatherton Trail,
t4r. Stanley
tlr. Donald Pryor, representing the Edina School District, stated that while
COUNTRY CLUB SIDEWALK ASSESSNENT HEARING CONTINUED.
the cost of Sideaalk Improvement No. S-5, Trustee Johnson offered the followinn reso-
Because of an error in calculating
- lution setting a new hearing date for August 7.
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING
FOR SIDEVALK MPROVEMENT NO. S-5
BE IT RESOLVED by the Council of the Village of Edina as follows:
1. The Clerk and Engineer having calculated the proper amounts to be assessed for the
improvements set forth in the Notice of Hearing form hereinafter recorded and the amounts
proposed to be assessed against the respective lots, pieces and parcels of land within
7/17/67 c
the districts affected by said improvements, and said proposed assessments 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 berein
provided .
2.
form hereinafter contained, to pass upon said proposed assessment; and the Clerk's
action in publishing notice of said hearingain the official newspaper in accordaAce
with law is hereby approved; notice being as follows:
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, IvlINNESOTA
NOTICE OF ASSESSMENT FOR
Sidewalk Repair No. S-5
This Council shall meet at the time and place specified in the Notice of Hearing
THE EDINA VILLAGE COUNCIL will meet on Monday, August 7, 1967, at 7:OO p.m. to hear
and pass upon all objections, if any, to the following proposed assessments.
assessments are now on file in the office of the Village Clerk and open to public in-
spection. Assessments will be payable in five equal installments over a period of five
(5) years.
collectible in 1968, 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.
subsequent installment will be added interest at the same rate for one year on all un-
paid installments.
pay the whole of the assessment without interest to the Village Treasurer on or before
December 15, 1967, or make payment with accrued interest to the County Treasurer.
CONSTRUCTION OF CEMENT CONCRETE SIDEWALK REPAIR ON:
These '
First payment of each assessment will be payable with the taxes for the year,
To each
The owner of the property assessed for the following improvement may
Arden Avenue from West 50th Street to Sunnyside Road
Bruce Avenue from West 50th Street to Sunnyside Road
Casco Avenue from Country Club Road to Sunnyside Road
Drexel Avenue from Country Club Road to Sunnyside Road
Wooddale Avenue from West 50th Street to north Village Limits
Edina Blvd. from Country Club Road to Sunnyside Road
Moorland Avenue from Country Club Road to Sunnyside Road
Browndale Avenue from south line of N 1/2 of Sec; 18, Twp. 28, Rikge 24
to south line of Arden Park 2nd and 3rd Addition
Edgebrook Place from Browndale Avenue to Browndale Avenue
Sunnyside Road from Hwy. 169-212 to Grimes Avenue
Bridge Street from Minnehaha Creek to Arden Avenue
Country Club Road from Lrowndale Avenue to Arden Avenue
North side of West 50th Street from Wooddale Avenue to the east &e
Grimes Avenue from Sunnyside Road to north Village Limits
Mackey Avenue from Sunnyside Road to south line of Arden Park 3rd Addition
f.
of Lot 29, Block 11, Country Club District, Fairway Section
BY ORDER OF THE VILLAGE COUNCIL.
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was seco
there were five ayes and no nays and the reso
ATTEST :
Trustee IdIacMillan and on rollcall
7j&-uaec kr: &ddw,
Village Clerk
SPECIAL ASSESSMENT LEVIED ON NUMEROUS IMPROVEMENTS.
Publication in the Edina Courier on June 22, and of Mailing on June 30, 1967, which
affidavits were approved as to form and ordered placed on file, Pursuant to due notice
given, public hearings were conducted and action taken by Council as hereinafter recor-
ded :
Clerk presented Affidavits of
1. SANITARY SEWER NO. 244 SPECIAL ASSESSMENT LEVIED, (County Road No. 18 from existing
trunk sewer to Indian Hills Road; Indian Hills Road from Coungy Road No. 18 to 385 feet
east of Margaret Lane; Margaret Lane; Post Lane; Easement from Margaret Lane to Post
Lane), Mr. Hyde presented 'Analysis of Assessment showing total construction cost at
$54,596.10, proposed to be assessed over a period of ten years against 39 assessable
lots at $1,399.90 per lot as against estimated assessment cost of $2,059.34 per lot.
No persons appeared to register objections and none had been received prior thereto.
Trustee VanValkenburg's motion for approval of the assessment was seconded by Trustee
Johnson and carried. (See Resolution Ordering Assessment later in Hhktes. )
2. SANITARY SEWER NO. 246. SPECIAL ASSESSMENT LEVIED. (Easement line along Minneapolis,
Northfield and Southern Spur Line Track fromEaen Avenue south to center line of Downing
140 I
7/17/6 7 c
Street extended; thence west along the center of Downing Street extended a distance of
240 feet 1.
at $12,837.28 proposed to be.assessed over a period of ten years against three assess-
able lots (including the Ninneapolis , Northfield and Southern Railroad) at $4,279.09
as against estimated cost of $3,149.16 or against two lots (not including the Minneap-
olis, Northfield and Southern Railroad) at $6,418.64 per assessable lot as against *
$4,723.74 estimated cost per assessable lot.
Northfield and Southern Railroad has objected to being assessed for the improvement
inasmuch as they can foresee no need for it and recommended that the assessment be made
on a two lot basis.
two lots with the Railroad paying a connection charge in the event a connection is
needed in the future was seconded by Trustee Courtney and carried.
Ordering Assessment later in Minutes).
3. STORM SEWER NO. 105 SPECIAL ASSESSEENT LEVIED.
1st Addition, north to the north line of Lot 2, Block 1, Bings 1st Addition a distance
of 100' 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' east of the north-
west corner thereof a distance of 70t and there terminating).
of Assessment showing total construction cost of $6,185.87, proposed to be assessed over
a period of ten years against 154,261 assessable square feet at $.0401 per square foot as
against estimated cost of $.03846 per square foot. No persons were present to register
protests and none had been received prior thereto. Trustee Johnson's motion for approval
of the assessment was seconded by Trustee Courtney and carried. (See Resolution Ordering
Assessment later in Minutes . )
l4r. Hyde presented Analysis of Assessment showing total construction costs
Nr. Hyde pointed out that the Ninneapolis,
Trustee Johnson's motion approving the assessment on a basis of
I (See Resolution
(Valley-View Road from a point 80' south of the north line to Lot 2, Block 1, Bing's
Hr. Hyde presented Analysis
4. WATERMAIN NO. 207 SPECIAL ASSESSMENT LEVIED.
PHeritage Drive from Barrie Road Vest to County Road #62; County Road #62 from Heri-
tage Drive Southwesterly to the easement line which is the East 10' of Lot 1, Block 1,
Southdale Acres 2nd Addition; South on easement line 380' South of South right-of-way
line of County Road #62; Hydrant at corner of Colony Way and West 65th Street).
presented Tabulation of Assessment showing total construction cost at $11,465.22, pro-
posed to be assessed against one parcel over a period of ten years as against estimated
cost of $9,514.61.
and carried. (See Resolution Ordering ksessment later in Minutes).
5.
along France Avenue to Vest 76th Street; thence westerly along proposed West 76th Street
and proposed West 76th Street extended to Village Well Site in R.L.S. No. 938). 1.k.
Hyde presented Analysis of Assessment showing total construction cost at $87,549.24,
$48,772.00 of which is for the trunk watermain and $38,777.24 of which is for the lateral
watermain. He presented trunk watermain assessment at $100.00 per acre, proposed to be
assessed against 487.72 assessable acres over a twenty year period as against estimated
cost of $93.30 per acre.
foot, proposed to be assessed against 2,393,657 assessable square feet over a period of
ten years, against estimated cost of $.015pr square foot.
register objections and none had been received prior thereto.
for approval was seconded by Trustee Courtney and carried.
Assessment later in Minutes).
I4r. Hyde
No persons appeared to register objections and none had been received
Trustee Johnson's motion for,aEproval was seconded by Trustee VanValkenbur B prior thereto.
TAT~,-!AIN 'UO; -3.28 'SPECIAL 'ASSESSMENT 'LEVIED;
(Commencing at intersection of West 70th Street and France Avenue; thence southerly
Lateral watermain assessment was given at $.0162 per square
No persons were present to
(See Resolution Ordering
Trustee Mact4illan's motion
6. SANITARY SEWER NO. 249 SPECIAL ASSESSMENT LEVIED.
of Assessment showing construction cost at $8,300.55, proposed to be asseesed over a
ten year period at 485,412 assessable square feet at $0.0171 per square foot.
that this improvement had been ordered upon 100% petition.
Trustee I.lacl.lillanrs motion for approval was seconded by Trustee Courtney and carried.
(See Resolution Ordering Assessment later in Minutes).
(Parklawn Avenue from France Avenue to 650 feet west). Hr. Hyde presented Analysis
He advised
No objections being heard,
I 7. STFXET INPROVENEHT 110. C-93 SPECIAL ASSESSMENT LEVIED.
(Vest 77th Street from Parklawn Avenue to 2300 feet west). fib. Hyde presented
Analysis of Assessment showing construction cost at $100,528.01, proposed to be assessed
over a ten year period against 4,526.25 assessable front feet at $22.21 per a'sses&ble
foot.
being heard, Trustee Courtney's motion for approval was seconded by Trustke MacMillan
and carried. (See Resolution Ordering Assessment later in ljinutes).
He advised that this improvement had been ordered on 100% petition. No objections
8 . IlATERMAIN NO. 209 SPECIAL ASSESSMENT LEVIED
7T.lest 77th Street from Park1awn"Avenue to 2175 feet west). Mr. Hyde presented .
7/17/67
Analysis of Assessment showing $25,246.70 total construction cost proposed to be assessed
against 17 connections over a ten year period at $1,485.10 per connection and advised
that this improvement had been approved on 100% petition. No objections being heard,
Trustee Courtney's motion for approval was seconded by Trustee MacMillan and carried.
(See Resolution Ordering assessment later in Minutes).
9. STREET IMPROVEMENT E-20 SPECIAL ASSESSMENT LEVIED.
(Oaklawn Avenue from north line of Bertelson Addition south to.cul-de-sac). Mr. Hyde
presented Tabulation of Assessment showing total construction cost at $6,919.60, pro-
posed to be assessed over a fiftean year period against 37,023 assessable front feet
at $1,383.92 per assessable lot as against estimated cost of $2,041.98 per lot for
five lots.
prior thereto, whereupon Trustee Johnson's motion for approval of the assessment was
seconded by Trustee VanValkenburg and carried.
later in Minutes 1 .
No persons appeared to register complaints and none had been received
(See Resolution Ordering Assessment
10.' STREET IMPROVEMENT NO. E-22 SPECIAL ASSESSMENT LEVIED.
(Parklawn Avenue from France Avenue westerly and southerly to West 76th Street
and Parklawn Court from Parklawn Avenue easterly to cul-de-sac). Mr. Hyde presented
Tabulation of Assessment showing total construction cost at $119,943.49, proposed
to be assessed over a fifteen year period against 6,768.82 assessable feet at $17.72
per foot as against estimated cost of $19.88 per assessable foot. No persons were
present to register objections and none had been received prior thereto, whereupon
Trustee VanValkenburg's motion for approval of the assessment was seconded by Trustee
Johonson and carried.
c;f.r kf3 0
$:(See Resolution Ordering Assessment later in Minutes). V
11. STREET IMPROVEMENT NO. E-23 SPECIAL ASSESSMENT LEVIED.
(West 76th Street from France Avenue to Parklawn Avenue; Parklawn Avenue from
West 76th Street to West 77th Street).
showing total construction cost of $95,330.03,
year period against 4712.31 assessable front feet at $20.23-per assessable foot*as
against estimated cost of $24.40 per assessable foot. No persons were present to
register objections and none had been received prior theret0,'whereupon Trustee Van-
Valkenburg's motion for approval of the assessment was secdnded by Trustee Johnson
and carried.
12. SANITARY SEWER NO. 248 SPECIAL ASSESSMENT LEVIED. Mr. Hyde presented Analysis
of Assessment showing total construction cost at $7,752.70 proposed to be assessed
against three connections over a ten year period at $1,550.54 per connection. Mr.
John Abbott of Dayton Development advised that one lot had been sold on France Avenue
and questionedthe number of connections. Mr. Hyde pointed out that the improvement
was constructed upon 100% petition and had been done exactly as the petition had re-
quested.
is not the concern of the Council.
then seconded by Trustee Johnson and carried.
later in Minutes.) -
Mr. Hyde presented Analysis of Assessment
proposed to be assessed over a fifteen
(See Resolhtion Ordering Assessment later in Minutes.
It was also pointed out by Mayor Bredesen that the ownership of property
Trustee VanValkenburg's motion for approval wa
(See Resolution Ordering Assessment
13, SANITARY SEWER NO. 245 SPECIAL ASSESSMENT LEVIED.
(Commencing at a point in Brittany Road 160 feet south of West 66th Street;
thence west',2~,e,feEt~fthence- southerly along easement lines to a point in Lot 2,
Block 1, Mallard Manor 2nd Addition). Mr. Hyde presented Analysis of Assessment
showing total construction cost at $10,711.56, proposed to be assessed over a ten
year period against six assessable lots at $1,785.26 per assessable lot as against.
estimated cost of $2,263.32 per assessable lot. No objections were heard and none
had been received prior thereto, whereupon Trustee Johnson's motion approving the
assessment was seconded by Trustee VanValkenburg and carried;
Assessment later in Minutes).
14. SANITARY SEWER NO. 243 SPECIAL ASSESSMENT LEVIED.
(From existing manhole on Trunk Highway No. 169 and Ayrshire Boulevard to Hansen
Road; Hansen Road from Trunk Highway No. 169 to M.N. & S.Railroad). Mr; Hyde presen-
ted Analysis of Assessment which showed total construction cost at $10,938.24 proposed
to be assessed over a ten year period against eight assessable lots at $1,367.28 per
assessable lot as against estimated cost of $1,821.65. No objections were heard and
none had been received prior thereto, whereupon Trustee Johnson's motion approving
the assessment was seconded by Trustee MacMillan and carried.
Assessment later in Minutes .
15, STORM SEWER NO. 97 SPECIAL ASSESSMENT LEVIED.
Highway Department Catch Basin #12; Approximately 800 feet southeasterly).
presented Analysis of Assessment showing total construction cost at $6,495.61, pro-
posed to be assessed over a ten year period against 447,973 per assessable square
(See resolution Ordering
(See Resolution Ordering
'(k'rom Intersection of West 62nd Street and Wilryan Avenue to Minnesota State
Mr. Hyde
r4.2
7/17/67
feet at $.0145 per square foot as against estimated
No persons appeared to register objections and none
cost of $.011 per square foot.
had been received prior thereto,
whereupon Trustee MacNillan' s motion approving fhe assessment was seconded by Trustee
Courtney and carried. (See Resolution Ordering Assessment later in Minutes 1.
16 . STREET IMPROYEEENT NO C-90 ASSESSMENT LEVIED.
(Amundson Terrace) Nr. Hyde presented Analysis of Assessment which showed total
construction cost at $17,360.90, proposed to be assessed over a ten year period against
1,909.89 assessable front feet at $9.09 per foot as against estimated cost of $8.67 .
per assessable foot.
questioned the grade at which .the road had been installed and were told that no change
had been made from the original plan.
property owners yere being assessed for the improvement. No further questjons being
asked, Trustee VanValkenburg's motion for approval of the assessment was seconded by
Trustee Johnson and carried.
Hr. Lipps and Mr. Virge Edwards representing Pure Oil Company
I They were also advised that all abutting
(See Resolution Ordering Improvement later in Minutes) .
17. WATERMAIN NO . 206 SPECIAL ASSESSbkNT LEVIED.
XArbour Avenue from Arbour Lane to North Line of Lot 6 Block' 2 - Clamamar Y Second Addition).
construction cost at $8,753.40 proposed to be assessed against ten connections ov&
a period of tenvyears at $875.34 per connection as against estimated assessment cost
of $775.91 per connection.
been received prior thereto, whereupon Trustee Courtney's motion for approval of the
assessment was seconded by Trustee MacMillan and carried.
Assessment later in Minutes) .
Mr. Hyde presented Analysis of Assessment which showed total
No persons appeared to register protests and none had
(See Resolution Ordering
18. STORM SEHER NO. 89 SPECIAL ASSESSMENT LEVIED.
(Storm sewer outfall line to West from low point on France Avenue 165 feet South
of Halifax Avenue; Catch basin and Leads in vicinity of France Avenue and Halifax.Ave-
nue). Hr. Hyde presented Analysis of Assessment showing total construction cost of
$19,572 07 proposed to be assessed over a. ten year period against 3,126,528 assess-
able feet at s.00626 per square foot as against estimated cost, made by the County,
of $.003 per square foot.
received prior thereto, whereupon Trustee MacMillan offered the following resolution
and moved its adoption:
No persons appeared to offer pro5ests and none had been
RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS
LEVIED ON ACCOUNT OF
k7ATE@lA$N IMPROVEMENTS NOS. 178, 206, 207, 209
STREET IMPROVEMENTS NOS. (3-90, C-93, E-20, E-22 AND E-23
(I 'I SANITAkY SEWER DPROVEMENTS NOS. 243, 244, 245, 246, 248, 249'
STORM' SEFJER IMPROVEMENTS NOS. 89, 97, 105
Bi IT &SOLVED 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 hearing
held on July 17, 1967, 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 Sanitary Sewer Improvements Nos. 24?, 244, 245,
246, 248, 249, l7atermain Improvements Nos. 178, 206, 207, 209, Storm Sewer Im-
provements Nos. 89, 97, 105, Street Improvements Nos. C-90, C~93, E-20, E-22 and
E-23 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 spread against the benefited lots, parcels and tracts of land described
therein.
3.
said installments, together with interest at the rate of Xper annum on the entire
assessment from tWe date hereof to December 31, 1968, to be payable with the general
taxes for the year 1967. The number of such annual installments shall be as follows:
Sanitary Sewer Improvements Nos. 243, 244, 245, 246, 248, 249, T.latermain Improve-
ments Nos. 206, 207, 209, Storm Sewer Improvements Nos. 89, 97, 105, Street
Improvements Nos. C-90 and C-93, ten installments; Street Improvements E-20, E-22,
E-23, fifteen installments; Lateral Ilatermain No. 178, ten installments and Trunk
Watermain No,. 178, twentyJ.ipstallments.
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. The Clerk shall also mail notice of any special assessments which may be pay-
able by a county, by a municipal subdivision or by the owner of any right of way,
as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such
assessment is not paid in a single,installment, the Village Treasurer shall arrange
for collection thereof in installments, as set forth in said section.
c
The assessments shall be payable in equal annual installments, the first of
7/17/67
Motion for adoption of the resolution was second
there were five ayes and no nays and the re
ATTEST :
?k?44a-d/-
Village Clerk
CONCRETE STWET, REPLACEMENT CONTRACT *AWARDED. Mr. Hyde presented tabulation of bids
taken July 14, 1967, in response to.Advertisement of Bids in the Edina Courier on June
22, and in the Construction Bulletin on June 22, 29, and July 6, 1967, showing Arnold
Beckman low bidder at $47,000.00, Victor Carlson & Sons, Inc, second low bidder at
$54,705.00 and Concrete Specialties, Inc,, ehigh bidder at $61.748.70. Engineer's est-
imate had been presented at $44,315.00. Mr. Hyde pointed out that no funds are available
in the General Fund for the cost of this street replacement but yecommended that the work
be accomplished over a two year period and that surplus funds be used at this time with the
understanding that an appropriation be made to cover the cost in the 1968 budget.
VanValkenburg's motion granting award of contract to recommended low bidder, Arnold Beckman,
was seconded by Trustee Johnson and carried.
CONTRACT AWARDED FOR BA-70 ,pD E-24 STREET IMPROVEMENTS.
bids taken July 14, 1967, in response to Advertisement for Bids in the Edina Courierbn
June 22, and in the Construction Bulletin on June 22, 29, and July 6, 1967. Tabulation
showed Bury and Carlson, Inc., low bidder at $97,421.10, Black Top Service Co. second low
bidder at $99,611.80, Northern Contracting Company third low bidder at $105,054.00, and
Alexander Construction Company, Inc., high bidder at $122 . 242 . 85 .
presented at $105,000.00. Trustee VanValkenburg's motion for award of contract to recom-
mended low bidder, Bury and Carlson, Inc., was seconded by Trustee MacMillan and carried.
Trustee
Mr. Hyde presented tabulation of
Engineer's estimate was
CONTRACT AWARpED, FOR SANITARY SEWER 257 AND WATERMAIN 218,
of bids taken July 14, 1967, in response to Advertisement for Bids in the Edina Courier on
June 22, and in the Construction Bulletin on June 22, 29, and July 6, 1967.
showed Peter Lametti Construction Company low bidder at $434,409.32, Phelps Drake Co., Inc.,
second low bidder at $436,660.65, Northern Contracting Company third low bidder at
$445.961.94, and high bidder, Austin P, Keller Construction Co., at* $513,602.00. Engineer's
estimate had been presented at $490,000.00. Trustee Courtney's motion for award of contract
to recommended low bidder, Peter Lametti Construction Co., was seconded by Trustee MacMillan
Mr. Hyde presented tabulation
Tabulation
I and carried.
JOHN TROOP INJURY was reported to Council by Mr. Hyde to advertised that a possible claim
might be made. The insurance company and Village Attorney had been advised'of the matter,
FINAL PLAT HEARING DATES SET.
was seconded by Trustee MacMillan and carried,setting hearing date for August 7, 1967, for
the following lot divisions:
Upon recommendation of Mr. Hite, Trustee Johnson's motion
1,
2.
3.
4.
5.
Robert Kline - Lot 11, Block 1, Holand's First Addition
C, M. Hansen et a1 - Section 31, Township,ll7, Range 21
G. A. Burdick - Southridge Addition and Parcel 3810, Section 19, Township'28,
Range 24 *I
Dunn & Curry, Inc. - R.L.S. 1050, Tracts F, G and H
G. L. Griffith - Part of Lot 5, Cassin's Outlots
SHELL OIL COMPANY AND,WILLIAM F. O'NEILL REZONING HEARING DATE SET FOR N,.W,. CORNER OF.
HERITAGE DRIVE AND, XERXES AVENUE. Upon recommendation of Mrs Hite, Trustee VanValkenburg's
motion was seconded by Trustee Johnson and carried setting August 21, 1967, as hearing date
for request of Shell Oil Company and William F. O'Neill for rezoning the N.W. corner of
Heritage Drive and Xerxes Avenue from R-4 Residential District to Commercial Districts C-2
and C-4 and Multiple Residence District R-6,
M, C. WEEGMAN,TEMPORARY EXCAVATION PERMIT HEARING DATE SET. By motion of Trustee Courtney,
seconded by Trustee MacMillan and carried, August 7, 1967, was set for hearing date for
request of Mr. M. C. Weegman for Temporary Excavation Permit for-Lot 5, Block 1, Muir Woods I Addit ion .
EASEMENT,VACATION HEARING DATE SET FOR LOT 11,. BLOCK 1, OTTO'S THIRD ADDITION.s Upon rec-
ommendation of Mr. Hite, Trustee MacMillan's motion was seconded by Trustee Johnson and
carried, setting August 7, 1967, for hearing date for easement vacation in Lot 11, Block 1,
Otto's Third Addition.
SOUTHDALE LIQUOR. STORE LOCATJON DISCUSSED.
ment has submitted a plan for relocation of the Southdale Liquor Store which had originally
Mr. Hyde advised Council that Dayton Develop-
144: \ .I '8 ..
7/17/67
been suggested by the Village.
curb parking access. Storage space is available immediately below the sales floor and a.
vertical lift could be used., Mr. Hyde anticipated that it would cost approximately~$18,000.00
to move the store, including cost of $8,000.00 for a new cooler, Considerable discussion
ensued relative to the possible volume of business after Red Owl moves and whether or not
the more accessible location would bring enough additional business to compensate for the
move.
parking space will be in the area.
The proposedbcation had some outside glass exposure and
Mr. Hyde advised that he will check with the Fire Department to see what adjacent
NEW FIRE TRUCK ENGINE AUTHORIZED BY VILLAGE MANAGER. Mr. Hyde advised the Council that
because an emergency had arisen when the *engine. for No. 2 Fire Truck broke down, he had
authorized purchase of a new engine in the amount of $5,890.00.
new engine would increase the pumping capacity and extend the life of the truck for 15 years
MUD LAKE AGREEMENT WITH HENNEPIN COUNTY APPROVED. ,Mr. Hyde advised Council that he had
studied the Hennepin County Mud Lake Improvement Gran-t Agreement which is necessary for the
proper encumbrance of,funds, and recommended that the agreement be approved.
Trustee VanValkenburg offered the following resolution and moved its adoption:
He pointed out that this I .
Whereupon,
RESOLUTION APPROVING MUD-LAKE IMPROVEMENT GRANT AGREEMENT
BE IT RESOIhED by the Village Council of the VillageH Edina that the Mayor and Manager
are hereby empowered to execute the Mud Lake I
Board of Hennepin County.
ATTEST : Mayor dL ikdQm5Lq
, Village Clerk
HENNEPIN COUNTY LIBRARY Bob has set up a meeting to be' held at the S$, Louis Park City
Hall on Wednesday, July 26, 1967, at 9:00 a.m. and has invited the Village Manager and a
representative of the Council to attend.
the meeting.
Mayor Bredesen advised that he will plan to attend
ORDINANCE NO. 5lB-7 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 5lB-7 which
amends the Building Code as to plan checking fees and recommended that $15.00 be set as
the maximum fee for a single family dwelling.
Reading for m. Ordinance No. 5lB-7 as follows:
Trustee VanValkgnburg then offered First
ORDINANCE NO, 5lBi7
AN ORDINANCE AMENDING ORDINANCE NO. 5lB
(BUILDING CODE) AS TO PLAN-CHECKING FEES
AND A BOARD OF APPEALS.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,.MINNESOTA, ORDAINS:
Section 1 of Ordinance No. 51B (Building Code) of the Village as amen-
ded, is hereby amended to read as follows:
ated herein by reference, as an ordinance of the Village of Edina, the documents entitled
'Uniform Building Code, 1964 Edition, Volume I,' and 'Uniform Building Code (Standards),
1964 Edition, Volume 111,' both published by the International Conference of Building.
Officials, including the Appendix but excluding Sections 203 and 204 of the main body.of
Section 1.
%ection 1. Uniform Building Code Adopted. There are hereby adopted and incorpor-
said code." *.
a new paragraph (d) is enacted to read as follows:
Sec. 2.
"(a)
Paragraph (d) of Section 4 of said Ordinance No. 5lB is hereby deleted and
Section 303 of said Code is hereby amended by changing subsection,(b) thereof
Plan-Checking Fees ,.
"1.
to read as hereinafter set forth, and by adding thereto new subsections (c), and (a), as
follows :
$1,000.00 and a plan is required to be submitted by Subsection (c) of Section 301, a plan-
checking fee shall be paid to the Building Official at the time of submitting plans and
specifications fo; checking. For all buildings except single-f amily residences, the plan-
checking fee shall be equal to one-half of the building permit fee as set forth in Table
No. 3-A. For single-family residences, the plan-checking fee shall be in such amount as
may be fixed from time to time by.motion of the Council, but in no event to exceed one-,
half of the building permit fee as set forth in Table No, 3-A,
The fee for a permit to demolish a building shall be $10.00.
Upon return of a building permit to the Village by the holder
"(b) When the valuation of the. broposed construction exceeds
I ll(.c) Demolition Fee.
"(a) Retund of Fees.
thereof, with prodf satisfactory to the Building Official that no construction was under-
taken pursuant thereto, he shall refund to the holder the building permit fee paid by him,
except that 5% of the fee paid or $25.00, whichever is greater, shall be retained by the
Village. A refund on similar terms shall be made in such cases of any plan-checking fee
paid under subsection (b) hereof, except that no refund shall be made if the Village has
caused the plans to be checked."
rescinded.
Sec. 3. Paragraph (e) of Section 4 of. said Ordinance No. 51B is hereby repealed and
7 /17/67
Sec. 4. After the Council has established a plan-checking fee for single-family
'residences hereunder, the Building Inspector shall determine the excess (if any) , of
any such fees paid since January.1, 1967, over the amount of such fee fixed by the
Council hereunder, and shall make a proppt refund of such excess to.the person who
paid it.
Sec. 5. This ordinance shall be in full force and effect upon its passage and
publication.
ORDINANCE NO. 53 GRANTED FIRST READING. lqr. Hyde presented Ordinance No. 53, which
establishes a Building Construction Codes Commission for First keading, advising that
the Building Inspector does not want to make decisions on breaking the Code. In
reply to a question from Trustee Johnson relative to whether an individual has a
right to appeal a decision, Mr. Hyde pointed out that this permission is granted under
Section 204 of the Uniform Building Code.
of the plioposed ordinance as to the removal from the Commission of a public member
'kith or without cause".
need not be binding if the petitioner wished to bring a question to Council request-
ing an amendment to the ordinance. Trustee VanValkenburg then offered Ordinance No.
53 for First Reading with the understanding that Mr. Wnitlock give a further inter-
pretation of Section 3, as follows:
Trustee Johnson then questioned Section 3
It was pointed out that the decisions of the Commission
ORDINANCE NO. 53
AN ORDINANCE ESTABLISHING A BUILDING
CONSTRUCTION CODES COMMISSION , AND
DEFINING ITS POWERS AND DUTIES.
THE: VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, OmAINS:
Section 1. Creation of Building Construction Codes Commission. There is hereby
created a Building Construction Codes Commission consisting of five members, viz.:.
three public member, who shall be residents of the Village qualified, by training and
experience, to pass upon matters pertaining to building construction, and the Build-
ing Inspector and the Chief of the Fire Department.
not have a vote.
by the Mayor with the consent of a majority of the members of the Village Council.
Members of the Commission shall be appointed to serve for a term of three years,
except that in making the initial appointments, one member shall be appointed to
serve for one year, and another for two years. Members shall be appointed in Jan-
uary of each year for terms beginning on the 1st day of February in the same.year,
Every member shall before entering upon the discharge of his duties take an oath
that he will faithfully discharge the duties of his office.
a public member to become vacated: death, disability or failure to serve, removal
from office, removal of legal residence from the Village, resignation in writing, or
failure to uphold the oath of office. Vacancies shall be filled as soon as may be
for the unexpired portion of the term. A public member may be removed from office
at any time, with or without cause, by the Mayor with the consent of a majority of
the members of the Village Council.
have the right to be reimbursed for expenses incurred in performing their duties.
public members.
Meetings shall be held at the call of the Chairman. All decisions, recommendations
and findings shall be reported in writing to the Village Manager.'.
The latter two members shall
Sec. 2. Appointment of Public Members. The public members shall be appointed.
Sec. 3 Vacancies and Removals. Any of the following shall cause the office of
Sec. 4. Compensation, All members shall serve without compensation$ but shall
Sec. 5. Organization. The Commission shall elect a chairman from among its
Sec. 6. Procedure. The Commission shall determine its own rules and procedure.
The Building Inspector shall act as Secretary of the Board.
Sec. 7. Powers and Duties. The Commission shall:
(a) consider appeals taken by any person from any order, requirement, permit,
decision, refusal or determination made by the Building Inspector in the application
or administration of the ordinances of the Village regulating construction, alteration,
moving or demolition of buildings, the construction, installation, alteration or
removal of plumbing, gas piping or equipment, water softening or filtering equipment,
or the installation, alteration or removal of electrical wiring or equipment;
study and review new types of materials and methods of construction, and
advise the Building Inspector and the Council as to the suitability of alternate
materials and types of construction to assist in progressive development of the pro-
visions of the building, plumbing, heating, gas piping and electrical codes or ordin-
ances of the Village, and to make recommendations relative thereto;
(c) study and review from time to time the building, plumbing, heating, gas
piping and electrical codes or ordinances of the Village and similar code provisions
applicable in communities surrounding the Village and such other codes as may come to
their attention, and to recommend to the Council such new legislation as to the Com-
mission may seem desirable; and
(b)
7/17/67
.,
(d) consider matters referred to the Commission by the Council or by the Building
Inspector and make recommendations relativethereto.
This ordinance shall be in full force and effect immediately upon
its passage and publication.
1.IAYOR BREDESEN TO ATTEND NATIONAL LEAGUE OF CITIES I-SEETING . Mayor Bredesen *advised
Council that he had promised Mayor Hasselberg of Bloomington that he would bring to
Council's attention the fact that the National League of Cities will be meeting in
Boston between July 29 and August 2, 1967.
should consider the possibility of participating more closely with this group in
order to protect the interests of the smaller communities by resisting Federal govern-
ment intervention.
ing in an attempt to research municipal problems and .that he is convinced that he
should attend this meeting at his own expense.
ion that funds should be provided by Council to allow Mayor Bredesen to attend the
Ford Foundation Meeting.
to attend the meeting of the National League of Cities in order to determine if mem-
bership is worth while, which motion was seconded by Trustee Johnson and carried.
Sec. 8.
He advised that he feels that Council
I He advised also that the Ford Foundation will be holding a meet-
It was the general concensus of opin-
Trustee MacMillan then moved that +Iayor Bredesen be urged
SANITARY SEWER IMPROVEMENT NO. 260 ORDEED ON 100% PETITION.
reported that a petition for an improvement consisting of sanitary sewer on West 62nd
Street and from Tracy Avenue to 500' west had been received in her office on' May 15,
1967, signed by all owners of real property abutting on said portion of West 62nd
Street, viz: ZuehUce Construction Company and Kiichli Construction Company. Said
petition also requested the.Counci1 to assess the entire cost against the property
of such owners. Trustee Johnson thereupon introduced the following resolution and
moved its adoption: :
The Village Clerk
- RESOLUTION ORDERING SANITARY SEWER IMPROVENENT NO. 260
BE IT RESOLVED by.the Village Council of the Village of Edina, Minnesota, as follows:
1. .It is hereby found and determined that a petition has been filed requesting the
Council to construct a sanitary sewer improvement on Nest 62nd Street from Tracy
Avenue to 500' west and to assess the entire cost against the property of petitioners
and that said petition has been signed by all owners of real property abutting on said
street where said improvement is to be located.
2.
pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter
525, Section 2) .
NO. 260.
the properties abutting on said West 62nd Street where said improvement is to be
located .
The making of said improvement in accordance with said petition is hereby ordered
Said improvement is hereby designated SANITARY SEWER IMPROVEf4ENT
The entire cost of said improvement is hereby ordered to be assessed against
Motion for adoption of the resolution was
there were five ayes and no nays and the
ATTEST :
Mayor
Yillage Clerk
BIDS AUTHORIZED FOR SANITARY SEMER NO. 260 AND STQRN SEWER NO. 110. Upon recommend-
ation of Mr. Hite, Trustee VanValkenburg offered the following resolutionmauthorizing - taktng of bids for Sanitary Sewer No. 260 and Storm Sewer No.-110 and moved its
adoption: : .I . RESOLUTION APPROVING PLANS ANDSPECIFICATIONS FOR PROPOSED 114PROVEIENTS AND DIRECTING ADVERTISEI*IENT FOR BIDS 1.
FOR STORM SEWER INPROVEEENT NO. 110 AND SANITARY SEWER NO. 260
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota:
1.
lowing Advertisement for Bids form, heretofore prepared by the Village Engineer and
now on file in the office of -the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Courier and Construction
Bulletin the following notice for bids for improvements:
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
SANITARY SEWER AND STORM SEWER
The plans and specifications for the proposed improvements set forth in the fol-
BIDS CLOSE AUGUST 18, 1967
SEALED BIDS will be received and openedin the Council Chambers in the Edina Villag;
7/17/67
450 L/F 911 V.C.P. 0' - 14' Sanitary Sewer
1,200
Work must be done as described in plans and specifications on file in the office of
the Village Clerk.
(by check). Said deposit to be returned upon return of the plans and specifications
with a bona fzde bid.
cash 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.
to reject any or all bids.:
BY ORDER OF THE EDINA VILLAGE COUNCIL.
L/F 12" to 42" Storm Sewer
Plans and specifications are available for a deposit of $10.00
No bids will be considered unless sealed and accompanied by
The.Counci1 reserves the right
Florence B. Hallberg
Village Clerk
Upon recommendation of Nr. Hite, BIDS TO BE TAKEN FOR WATER SUPPLY WELLS 15 AND 16.
Trustee Courtney's motion approving advertisement for bids for Water Supply Wells
15 and 16 was seconded by Trustee Johnson and carried. '
e
BIDS TO BE TAKEN FOR SANITARY SEWER NO. 259 AND WATERMAIN NO, 221. Upon recommend-
ation of Mr. Hite, Trustee MacMillan offered the following resolution approving
advertising for bids :
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEMENT FOR BIDS
SANITARY SEWER NO. 259 AND WATERMAIN NO. 221
24 d.I 43 Ty' AND STREET IMPROVEMENT
u;9 BA 112
BE IT RESOLVEb BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA:
1. The plans and specifications for the porposed improvements set forth imthe
following Advertisement for Bids form, heretofore prepared by the Village Engineer
and now on file in the office of the Village Clerk are hereby approved.
2.
struction Bulletin the following notice for bids for improvements:
The Clerk shall cause to be published in the Edina-Morningside Courier and Con;
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
SANITARY SEWER, WATERMAIN,
AND STORM SEWER
BIDS CLOSE AUGUSTll, 1967
SEALED BIDS will be received and opened in the Council Chambers in the Edina Village
Hall, 4801 West 50th Street, at 1l:OO a.m., Friday, August 11, 1967, and the Edina
Village Council will meet at 7:OO p.m. on Monday, August 21, 1967, to consider said
bids for the construction of Sanitary Sewer, Watermain and Storm Sewer.
ing are approximate quantities of major items.
The follow-
40,000
20,000
Cu. Yds. Excavation and Swamp Excavation
Tons Class 4 and Class 5.Gravel
9,000 Cu. Yds. Sand Gravel Fill
2,650 Lin. Ft. 12", 8" and 6" Watermain
2,100 Lin. Ft. 12" Sanitary Sewer
2,900 Lin. Ft. 12", 15", 18", and 24'' Storm Sewer
Work must be done as described in plans and specifications on file in the office of
the Village Clerk.
*(by check). Said deposit to be returned upon return of the plans and specifications
with a bona fide bid.
cash 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.
to reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
Plans and specifications are available for a deppsit of $25.00
No bids.will.be considered unless sealed and accompanied by
The Council reserves the right
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was s
there were five ayes and no nays and the re
ATTEST :
son and on rollcall
B -c
'4.
JP-&rLi% de. g4 &G& Q
Village Clerk 1
CLAIMS PAID: Motion of Trustee Johnson was seconded by Trustee Courtney and carried
for payment of the following claims: 84,549.80; Constructdon Fund, $210,545*97; Park,
Park Construction, General Fund, Swim Pool, Golf Course and Arena, $10,445.98; Water
7/17/67
Fund, $7,367.11; Liquor ,Fund, $73,682.40; Sewer Rental Fund, $492.14; Total, $317,083.40
I The agenda's business having been covered, Trustee MacMillan's motion for,adjournment
was seconded by Trustee Courtney and carried. Adjournment at'9:05 p.m.
MINUTES OF THE SPECIAL MEETING OF THE
EDINA VILLAGE COUNCIL HELD I AT THE EDINA VILLAGE HALL ON WEDNESDAY, JULY 26, 1967
Members answering Rollcall were Trustees Johnson, MacMillan, VanValkenburg, and
Mayor Bredesen.
INDIAN HILLS IMPROVEMENTS CONTRACT AWARD QUESTIONED.
at the bid opening of July 14, 1967, forthe Indian Hills area improvements;Sanitary
Mr. Hyde advised Council that
Sewer No. 257, Watermain No. 218, andincidental storm sewer, that he had read the
total of $434,409.32 from the duplicate copy of the proposal and had not. read or
heard any mention of the paragraph which had been inserted in the original copy only
which stated "This bid proposal was made without adding the 3% sales tax because it
is our understanding that it will not apply to projects bid prior to August 1, 1967.
However, should rulings from any state agency require the 3% sales tax on this pro-
ject, we expect remuneration in a like amount from the project owner." Mr. Hyde
noted that none of the other bidders had made any such statement. (Trustee Courtney
entered the meeting at this point.)
mend award of contract to apparent low bidder, Peter Lametti Construction Company at
$434,409.32, which bid was $2,251.33 lower than second low bid of Phelps-Drake Co.,,
Inc. at $436,660.65.
struction Company, who had intended tommmence work on July 26 or 27.
out, however, that the contract had not been signed by Village officials. Mr. Hyde
further noted that on July 25, Mr. Guy Drake called his attention to the clause in-
serted on the proposal by Peter Lametti Construction Company and advised that the bid
of Phelps-Drake Co., Inc. was, therefore, low.
was then advised by Village officials not to proceed with any part ofthe work until
Village officials had an opportunity to review the problem and determine what action, .
if any, should be taken. Mr. Hyde.also advised that previous to this Council Meeting,
the Mayor, Mr. Hite, Mr. Drake and he liad been served with a Temporary Restraining
Order in behalf of the Peter Lametti Construction Company restraining the Village
from withdrawing or attempting to withdraw th'e-award of the contract.
noted that it is not presently known whether there will be a sales tax levied on mater-
ials to be used for the Village or theanount if such tax is applicable.
that he would recommend proceeding with the approved award of bid. Village Attorney
Spencer commented that when a contract is awarded before August I, and the mate5ials
have been ordered and set aside, no sales tax would be involved and that as far as is
known, there will be no sales tax because materials have already been ordered for the
project.
for materials and that he already has his equipment on the job site. -
Matson, attorney for Phelps-Drake Co., Inc., advised that the bid submitted was not
in response to the invitation for bidsinasmuch as it inserted a.provision and there-
fore is completely invalid and should not have been considered by Council.
further that since Phelps-Drake Co. have the only valid low bid, they will start action
of their own to prevent Peter Lametti Construction Company from commencing work on the
project.
has not as yet seen a copy of the restraining order, he would start some action to be
assured of standing in Court to argue the matter. Mr. Spencer noted that Council
awarded the contract in good faith and that if no sales tax is applicable for the
Village, no conditions exist. Mayor Bredesen advised that he thought that the State
of Minnesota and its political subdivisions were not responsible for.sales tax. Mr.
Matson commented that the law provides that a political subdivision does not have to
pay on a direct purchase, but that a contractor is subject for tax for materials
purchased by him.
sales tax does not apply to the Village, the proposal would still be invalid because
of the inserted clause.
on July 28 before further discussion was seconded by Trustee Courtney and carried.
Mr. Hyde advised that he had proceeded to recom-
Notice of Award of Bid had been mailed to Peter Lametti Con-
It was pointed
Peter Lametti Construction Company I
Trustee Johnson --
He advised
Mr. Lametti pointed out that he is presently in the process of contracting
Mr. Robert
He stated
In reply to a question of Mayor Bredesen, Mr. Matson stated that while he
I He also advised that even if the Attorney General rules that the
Trustee Johnson'smtion to await the decision of the Court
EDGAR C. PEARSON COMMENDED UPON HIS RETIFGMENT FROM MINNESOTA HIGHWAY DEPARTMENT.
Being advised that Mr. Edgar C. Pearson, who has served as the. District 5 State Aid
Engineer for the Minnesota Hi'ghway Department, is about to retire, Trustee VanValken-
burg offered the following resolution and moved its adoption:
7/17./67
RESOLUTION
WHEREAS, Mr, Edgar C. Pearson has served as the District 5 State Aid Engineer for
the Minnesota Highway Department from May, 1960, until August 1, 1967, and
WHEREAS, During Mr. Pearson's tenure the Village of Edina has had many occasions
to work with him towards securing better streets, and
WHEREAS, Mr, Pearson has consistently demonstrated a fine spirit of cooperation
and has worked effectively with the Village,
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that
le State, and best
the Mayor and Trustees express to Mr. Pe
efforts in behalf of better State Aid Streets
wishes for a long and happy retirement.
ATTEST :
I
Village Clerk
Motion for adoption of the resolution was seconded by Trustee MacMillan and carried.
No further business appearing, Trustee Johnson's motion for adjournment was then
seconded by Trustee MacMillan and carried. Adjournment at 5:lO p.m. TF
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