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HomeMy WebLinkAbout19680909_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, SEPTEMBER 9, 1968 r: to hear 'and pass upon all objections, if any, to the following proposed ass- essments.. These assessments are now on file in the office of the Village Clerk and open to public inspection. .Assessments will be payable in ten equal installments over a period of ten (10) years. First payment of each assessment will be payable with the taxes for the year, collectible in 1969, with interest on the entire assessment at the rate of 5% per annum from the date of the reso- lution 1evy.ing the assessment to December 31, 1969. To each subsequent instal- lment will be added interest at the same rate for one year on all unpaid in- stallments. may pay the whole of the assessment without interest to the Village Treasurer on or before December 15, 1968, or make payment with accrued interest to the County Treasurer. CONSTRUCTION OF WATERMAIN NO. 216 The owner of the property assessed for the following improvements Shannon Drive from Dewey Hill Road to Lee Valley Road Lee Valley Road from Shannon Drive to Down Road Down Road from Lee Valley Road to Wexford Road Wexford Road from Kerry Road to cul-de-sac Kerry Road from Dublin Road to cul-de-sac Tralee Drive from Lee Valley Road to cul-de-sac Dublin Road from Kerry Road to Antrim Road Members answering ro llc a1 1 were Councilman Courtney , Johnson, VanValkenburg and Mayor Bredesen. MINUTES of the meeting of August 19, 1968, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Courtney and carried. BUDGET FOR 1968 was officially presented to Council by Mr. Hyde as required by State Statute, and accepted for review by motion of Councilman VanValkenburg, seconded by Councilman Courtney and carried. HUMAN RIGHTS COMMISSION CONTINUED TO SEPTEMBER 16. that he was pot prepared to recommend appointment of the Human Rights Commission Mayor Bredesen advised because he did not have the names of a sufficient number of young people for consideration. until September 16 was seconded by Councilman Courtney and carried. Councilman VanValkenburg's motion that the appointments be held ASSESSMENT HEARINGS HELD ON VARIOUS IMPROVEMENTS. Affidavits of Publication in the Edina Sun and of mailing were presented by Clerk, approved as to form and ordered placed on file, and'action taken as hereinafter recorded. A. WATERMAIN IMPROVEMENT 216; Valley Road; Lee Valley Road from Shannon Drive to Down Road; Docjn Road from Lee Valley Road to Wexford Road; Wexford Road from Kerry Road to cul-de-sac; Kerry Road from Dublin Road to cul-de-sac; Tralee Drive from Lee Valley Road to cul-de-sac; Dublin Road fromKerry Road to Antrim Road; Antrim Road from Dublin Road to West 70th Street). Mr. Hyde advised that an error had, been made in calculating the assessment foc Watermain 216, whereupon Councilman VanValkenburg offered the following resolution setting October 7, 1968, for new hearing date and moved its adoption: Due notice having been given, hearings were conducted (Shannon Drive from Dewey Hill Road to Lee RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR WATERMAIN 216 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. for the improvements set forth in the Notice of Hearing forms hereinafter re- corded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within 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 herein provided. 2. hearing forms hereinafter contained, Fo pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved; Notices being as follows: The Clerk and Engineer having calculated the proper amounts to be assessed This Council shall meet at the time and place specified in the Notice of (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF ASSESSMENT FOR WATERMAIN 216 THE EDINA VILLAGE COUNCIL willmeet on Mondiy, October 7, 1968, at 7:OO p.m. 222 1 i 9/9/68 Antrim Road from Dublin Road to West 70th Street: The lots or Tracts of land proposed to be assessed for the above improvement include: Parcel 1520, Sec. 8, Twp. 116, Range.21; Lot 3, Block 1; Lots 3 thru 5, Block 2; Lots 1 thru 4, Block 3, Fjeldheim 2nd; Lots 1 and 2, Block 1, Knollview; Lot 2, Block 1, A1 Peterson Addition; Lots 2, 3, 6 thru 15, Prospct HiL1s;-Lots 1 thru 6, Block 1; Lots 1 and 2, Block 2; Lots 1 thru 6, Block 3, Prospect Hills 2nd; Lot 1, Block 1, Prospect Hills 3rd; Lots 1 and 2, Block 1, Sbhey ' s Parkview 2nd. BY ORDER OF THE VILLAGE COUNCIL Florence B. Hallberg Village Clerk Motion for adoption of the resolution was on rollcall there were four ayes and no Councilman Courtney and ATTEST : Mayor Village Clerk 6 B. STORM SEWER IMPROVEMENT 103 SPECIAL ASSESSMENT LEVIED, (N.W. Corner of Edina - TJest Minneapolis Heights as described in published "Notice of Assessment Hearing). Mr, Hyde recalled that Council had reset hearing for this assessment due to an incorrect description of the storm sewer district in the mailed and published notices. benefited properties which are proposed to be assessed at a higher rate, but had made few adjustments in the extraordinarily specially benefited properties. construction cost was given by bir. Hite at $221,447.11, $15,314.00 of which was proposed to be assessed as extraordinary special benefit, the proposed assessment was $0.03992 per square foot as against estimated assess- ment of $0.045 per square foot. years, with maximum lot size considered to be 18,000 square feet and any lots over 24,000 square feet calculated at one-half the rate on the excess footage. Mr. H. M. Amdahl, 309 Griffit Street, advised that he hoped that Council would see fit: to apply the previous assessment policy and assess this storm sewer on a square foot Hearing. requesting that the matter be tabled for further study. Mr. Hyde also advised that letters protesting the method of the proposed assessment had been received from Mr. G. 0. Falkenborg, 313 Griffit Street, and Mr. Joe Hlavka, 300 Van Buren Avenue. Mayor Bredesen advised that because of the substantial increase in the values of the extraordinarily specially benefited lots, he believes that the proposed method of assessment is the honest and fair way to spread the assessment. Mr. E. M. Carroll, 6221 Maloney Avenue, advised that because of a malfunction of the pump, the pond'on his property is not maintained at a proper level and the value of his property has, therefore, depreciated. In reply to a question of Mr. Richard Schulze, 6312 Waterman Avenue, Mr. Hite explained the three categories of extraordinary spec- ial benefit. structure on the property would be damaged by flooding. properties in whdch a portion of the lot was subject to frequent flooding. Category 3 would normally be a neighborhood situation subject to frequent back yard flooding. Category 2 is considered to be improved at one-half the rate of Category 1, and Category 3 is considered to be improved at one-half of Category 2. were determined on a basis of ''before and af.terl' dollar sales in three different situations in the area. In reply to Mr. Schulze's question if this policy had ever been used before in the Village, Mr. Hite advised that there has never been &situation like this, since other areas were considered more uniform in benefit, and thus the assessment was uniform, although that in many instances "back yard" pipe extensions had been assessed separately against the adjacent lots. Mr. Hite advised that one lot had increased $5,000 since the installation of the storm sewer and pointed out that the decision as to the special benefit was a judgment decision, made by trained assessors. Mr. Robert Kilian, 409 Jefferson Street, advised that his lot is almost level in comparison with his neighbors' and ques- tioned his assessment. Councilman Johnson noted that because Mr. Killan's lot was filled, 403 and.405 Jefferson were subject to more flooding. Mr, Kilian that his property should be in Category 3 rather than Category 2. Kilian spoke also for Mr. Janis Lielkoka, 403 Jefferson, advising that Mr. Lielkoks had a garden which was benefited by surface water and that he did not consider his property benefited by the storm sewer. Mr. Hite recalled that this storm sewer had been installed so homes in this area would not be flooded as they were in February, 1966, involved are being extraordinarily specially assessed and that the rest of the area will be assessed at only the uniform rate. He noted further that Council had made an inspection of the specially Total Mr. Hyde advised that Assessment is proposed to be spread over twenty I basis without special benefit as they had been led to believe at the Improvement Mr. Hyde read a letter from an attorney representing nine property owners, He advised that Category 1 was assigned to properties on which a Category 2 was assigned to Dollar values I Mr. Hite advised Mr. He pointed out that it should be remembered that only'7% of the properties Mr. Bruce Mathewson, 6308 Waterman 9/9/68 I Avenue, admitted that his property was benefited, but advised that he opposes the assessment because Mrs. Mathewson had been advised by Mr. Drake if the storm sewer pipe should be installed in her back yard, the cost of the instal- lation would be added to the rest of the project and that everybody within the project would pay proportionately more. No mention was made by Mr. Drake that a special benefit would result to her property because of the pipe installation. Mayor Bredesen pointed out to Mr. Mathewson that commitments are made only by Council at the Assessment Hearing. advised by Mr. Hite that the published notice gave the route of the pipe and the exact legal boundaries of the sEorm sewer district. of Mr. Haward Moore, 316 Blake Road, that the estimate given at the Improvement Heaping had not meant anything, Mayor Bredesen advised that the Improvement' Hearing was held to determine whether or not the improvement should be made and ghat only an estimated cost was presented at that time. He reaffirmed his position that if a policy is to be changed, it must be done at some par- ticular time and that this method of assessment is equitable and more fair to 94% of property owners in the assessment district. Monroe Street, was advised that he was in'category 2. Mr. James Tinkham, 417 Kresse Circle, was advised that his classification had been changed from Cate- gory 1 to Category 2. Mayor Bredesen commented on how the neighborhood's appearance had improved since the streets were improved and noted that this could not have been done without the storm sewer. Mayor Bredesen further pointed out that the assessment is being levied on a 20 year basis rather than the normal ten year assessment because both the streets and storm sewer were installed at the same time. All Council members reiterated that the Storm Sewer Assessment Policy under which this assessment is proposed to be levied is an attempt to establish the most fair and equitable method of ass- essment. Councilman VanValkenburg then moved that the storm sewer be levied as proposed except that 409 Jefferson Street be-placed in Category 3 rather than in Category 2. criticized, but that the fairness of the policy could not be questioned, Motion was seconded by Councilman Courtney and carried. provement later in Minutes .) C. Mr. J. H. Webber, 504 John Street, was In reply to the statement Mr. E. J. Connolly, 423 He emphasized that the timing of the assessment policy might be (See Resolution Ordering Im- STREET IMPROVEMENT BA-94 SPECIAL ASSESSMENT LEVIED. Spruce Road from County Road #18 to Harrison Avenue Belmore Lane from County Road 818 to 1300' more or less easterly of Maloney Avenue from Blake Road to 960' more or less easterly oE Blake Rd. Adams Avenue from Maloney Avenue to Spruce Road Jefferson Avenue from Maloney Avenue to Spruce Road Madison Avenue from Maloney Avenue to Spruce Road (Curb and Gutter only) Monroe Avenue from Maloney Avenue to Spruce Road Jackson Averiue from'Maloney Avenue to Belmore Lane (Curb and Gutter only) Van Buren Avenue from Maloney Avenue to Spruce Road Harrison Avenue from Maloney Avenue to Spruce Road Tyler Avenue from Maloney Avenue to Belmore Lane (Curb and Gutter only) Dearborn Avenue from Belmore Lane to 130' more or less northerly Waterman Avenue'from Arthur Street to end of Lot 32, Mendelssohn Waterman Circle from Waterman Avenue northerly to cul-de-sac Arthur Street from Waterman Avenue to Maloney Avenue Arthur Street from Maloney Avenue northerly to cul-de-sac Griffit Street from Maloney Avenue to Spruce Road Spruce Road from Griffit Street to Blake Road Spruce Road from Blake Road to 1000' more or less, easterly John Street from Belmore Lane to Spruce Road Grove Place from Spruce Road to 320' more or less, southerly Alley between Spruce Road and Belmore Lane (Permanent Street Paving only) John Street from Maloney Avenue northerly to cul-de-sac John Street from Maloney Avenue southerly to cul-de-sac Kresse Circle from Belmore Lane northerly to cul-de-sac Blake Road . Advising that this hearing had been continued from the Council Meeting of August 5, 1968, Mr. Hyde presented Analysis of Assessment showing proposed estimate for street surfacing and curb and gutter at $12.60 per assessable foot, for curb and gutter only, at $6.16 per assessable foot, and the alley assess- ment proposed to be assessed against Lots 1 thru 5, Block 7, Mendelssohn Addition at $150.00 per lot and against other abutting properties at $9.47 per.assessable foot. Estimated assessments were given at $11.74 per assessable foot for street surfacing and curb and gutter and $5.74'per assessable foot for curb and gutter only.' No estimate was given for the alley improvement. Dr. D. E. Hogan, 6204 Belmore Lane, questioned the proposed assessment for the alley adjacent to his property and requested that Lots 4 and 5, Block 7, Mendelssohn Addition, owned I 224 t I 9/9/68 by Mr. C, R, Hallquist be assessed in the same manner as Lot 2, Wilhoit's Addition, rather than on the $150,00.per'lot basis as proposed. In reply to a question as to the effect of the additional assessment of this property, Mr. Hite advised that on a project of this size, this change would make little difference on the rate of ass- essment. authorized street improvement project and cannot be assessed independently. H. Webber, 504 John Street, questioned the basis of assessment on a cul-de-sac. Hite pointed out that there-is a minimum assessment of 75' and that the frontage given on the plat was used to determine the frontage to be assessed, Mr, Webber suggested that the "corner lot" assessment policy should be applied here, and that he be assessed for 103 feet rather than for 117.4 feet. In reply to a question of Mr. Ralph Haugen, 405 Adams Street, as to whether the City of Hopkins will partic- ipate in the assessment, Mr. Hyde advised that negotiations are continuing and that whatever amount is paid by Hopkins will be credited to the improvement cost. Haugen questioned the quality of the work which had been done. that the contractor is replacing areas which are not satisfactory and that he will check an area where storm-water stands in the street near Mr. Haugen's house. unidentified gentleman in the audience commended Council on its patience and fore- bearing with this project, overnight parking permits. newed unless residents who apply come in with evidence that they have taken con- crete steps toward .providing other means of parking. Councilman Courtney's motion approving the assessment as recommended with the exception of 504 John Street which shall be assessed against 104.5 feet rather than 117.4 feet as proposed, and with Lots 4 and 5, Block 7, Mendelssohn Addition; to be assessed on a corner lot basis, was seconded by Councilman Johnson and carried. (See Resolution Ordering Assessment later in Minutes.) He further pointed out that the- alley is part of the cost of the total Mr, J. Mr. Mr. Mr. Hite advised An Mr, E. $1. Gordon, 420 Jefferson StreBt, asked about Mayor Bredesen advised that permits should not be re- D, STORM SEWER 95 ASSESSMENT LEVIED. (Tyler Court) Hearing had been continued from August 5, 1968, Mr. Hyde presented total construction cost at $47,224.63, proposed to be assessed at $0.03643 per square foot as against estimated assessment of $0.0281 per square foot. area is proposed to be assessed at $1,100.00 per lot: No comments were heard from the audience, whereupon Councilman Courtney's motion approving the assessment was seconded by Councilman Johnson and carried. E. STORM SEWERS 100, 101 and 102 SPECIAL ASSESSMENTS LEVIED. (Storm Water Storage Pond, Ditch, Storm Sewer along south Edina limits from France Avenue to Computer Avenue). Storm Sewers 100, 101, and 102 benefiting the same properties, hearings were conducted concurrently, ment of the construction and engineering cost only and that a further hearing will be held for the cost of easements and ponding land, He presented total assessable cost for Storm Sewer No. 100 (Pond Dredging) at $13,624.30, proposed to be assessed No. 100 (Lower Pond) was given at $11,616.80 proposed to be assessed against 8,092,751 square feet at $0.00146 per assessable square foot. Total proposed assessment was presented at $.00313 per aseessable square foot as against estimated assessment of $.008 per assessable square foot. that he-is one home owner in an otherwise commercial area and expressed interest in the method of assessment, vised that negotiationskr the purchase of the necessary lands have been commenced. No further comments were heard, whereupon Councilman Courtney's motion approving the assessment was seconded by Councilman VanValkenburg and-carried. (See Reso- lution Ordering Assessment later in Minutes). Advising that this Assessment The extraordinarily benefited Mr. Hyde advised that this hearing is for the assess- 4 against 8,092,751 square feet at $0.00167. Total assessable cost for Storm Sewer Mr. Robert Clark, 3428 I?. 72nd Street, advised In reply to a question of Mayor Bredesen, Mr. Hite ad- F. STORM SEVER IMPROVEbIENT NO. 92 SPECIAL ASSESSMENT LEVIED. (Storm Water Storage Pond, Dikes and Outlet Structure to be constructed in R.L.S. No. 938, R.L.S. No. 1050 and Outlot 1, Bertelsen Addition). Mr. Hyde presented Analysis of Assessment show- ing total construction cost at $54,193.43, proposed to be assessed against 8,040,553 assessable square feet at $0.00674 per assessable square foot as against estimated assessment of $0.00905 per square foot. No objections were heard from the audience. (See Resolution Ordering Assessment later in Minutes.) G. STREET IMPROVEMENT NO. E-21 SPECIAL ASSESSMENT LEVIED. (France Avenue from t7. 69th Street to South Village Limits). Mr. Hyde presented Analysis of Assessment showing total construction cost at $227,575.27, proposed to be assessed against 11,221.56 assessable front feet at $20.28 per assessable foot as against estimated assessment of $19.30 per assessable foot. (See Resolution Ordering Assessment later in Minutes.) U No comments were heard from the audience. H. STORM SEWER IMPROVEMENT NO. 107 SPECIAL ASSESSMENT LEVIED. (West 77th Street through an easement south to pond). Mr. Hyde presented analysis of Assessment 9/9/68 showing total construction cost at $8,291.58, proposeL to be assessel by request of petitioners on a front foot basis. given at $1.79 per assessable front foot. 100% petition, no estimated assessment was given. the audience. (See Resolution Ordering Assessment later in Minutes.) I. STREET IMPROVEMENT NO. BA-112 SPECIAL ASSESSMENT LEVIED, (Cahill Road from 141.37 feet north of south line of R.L.S. #1193 to West 78th Street). Hyde presented total construction cost at $189,206.60, proposed to be assessed at $21.45 per assessable foot as against estimated assessment of $22.55 per assessable foot. An unidentified gentleman in the audience requested that the assessment be levied on a front foot basis. No further comments were made. (See Resolution Ordering Assessment .later in Minutes.) J. SANITARYvSEWER IMPROVEMENT NO. 259 SPECIAL ASSESSMENT LEVIED. (Cahill Road from West 78th Street to Dewey Hill Road). Assessment showing total construction cost at $18,710.44, proposed to be ass- essed against 4,301.25 assessable feet at $4.35 as against estimated assessment of $6.13 per assessable foot. No protests were offered from the audience, and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) Proposed rate of assessment was The improvement having been made by No comments were heard from Mr. Mr. Hyde presented Tabulation of K. STORM SEWER IMPROVEkNT NO. 109 SPECIAL ASSESSMENT LEVIED. Road from Dewey Hill Road to existing ditch at northeast corner of Lot 3, Block 1, Edina Interchange 2nd Addition; on a drainage easement from existing culvert under Minneapolis, Northfield and Southern Railroad, around the north and east side of the Plat to the northeast corner of Lot 3, Block 1, Edina Interchange 2nd Addition). on 100% petition, Mr. Hyde presented Analysis of Assessment showing total con- struction cost ,at $34,961.15, proposed to be assessed on a square foot basis at $0.0424 per assessable square foot, or at $17.39 per assessable front foot. Mr. James Utney representing Maico, Inc., and Mr. John Wright representing Lew Bonn Company, advised that they preferred assessment on a square foot basis. Whereupon Councilman VanValkenburg's motion approving the assessment at $0.0424 per assessable quare foot as recommended was secQnded by Councilman Courtney and carried. (Bush Lake u3 D, u u 8 Advising that this improvement had been constructed (See Resolution Ordering Assessment later in Minutes.) L. STREET IMPROVEMENT NO. BA-70 SPECIAL ASSESSMENT LEVIED. (West 70th Street -County Road f28- between Cahill Road and 230 feet, plus or minus, east of Minneapolis, Northfield and Southern Railroad). of Assessment showing total construction cost at $18,136.63 proposed to be assessed against 1,574.36 assessable front feet at $11.52 per assessable foot as against estimated assessment of $12.18. audience and none had been received prior thereto. Assessment later in Minutes.) Mr. Hyde presented Analysis No comments were heard from the (See Resolution Ordering M. STREET IMPROVEMENT NO. E-24 SPECIAL ASSESSMENT LEVIED. (Amundson Avenue from Cahill Road to West 70th Street.) Mr. Hyde presented Analysis of Assess- ment showing total construction cost at $42,013.35, proposed to be assessed against 1,914.92 assessable front feet at $21.94 per assessable foot as against estimated assessment of $26.03 per assessable foot. audience and none had been received prior thereto. Assessment later in Minutes.). N. WATERMAIN IMPROVEMENT NO. 214 SPECIAL ASSESSMENT LEVIED. (Iroquois Hills, Indian Hills, Ker-Mil Heights, McCauley Heights, Naas Lakeside and Sioux Trail Area). Mr. Hyde presented Analysis of Assessment, showing total construction cost at $240,821.50, proposgd to be assesse-d against 216 connections at $1,114.92 as against estimated assessment of $1,158.35 per connection. heard from the audience and none had been received prior thereto. lution Ordering Assessment later in Minutes.) No comments were heard from the (See Resolution Ordering No comments were (See Reso- 0. SANITARY SEWER IMPROVEMENT NO. 255 ASSESSMENT HEARING CONTINUED. Since the Assessment Hearing had been rescheduled for Watermain No. 216 in the same area, the Assessment Hearing for Sanitary Sewer 255 was continued to October 7, 1968, by motion of Councilman VanValkenburg, seconded by Councilman Courtney and carried. P. STREET OILING FOR 1968 SPECIAL ASSESSMENT LEVIED. (Virginia Avenue between W. 62nd Street and Crosstown Highway; Sherwood Avenue between Nest 65th Street and W. 66th Street; Dale Avenue between West 56th Street and West 57th Street; West 62nd Street between Tracy Avenue and Olinger Blvd.) of Assessment showing total assessable cost at $1,729.97, proposed to be assessed Mr. Hyde presented Analysis 9/9/68 against 5,278.73 assessable feet at 33c per assessable foot. heard from the audience, Councilman VanValkenburg offered the following resolution ordering the assessments approved above and moving its adoption: No objections being RESOLUTION LEVYING SPECIAL ASSESSMENTS ON ACCOUNT OF STORM SEWERS 92, 95, 100, 101, 102, 103, 107, 109 TJATERMAIN IMPROVEMENTS NOS. 214, 215, 221 STREET IMPROVEMENTS NOS. BA-70, BA-94, BA-112, E-21, E-24 SANITARY SEWER IMPROVEMENT NO. ,259, AND 1968 OILING IMPROVEMENTS I BE IT RESOLVED by the Village'Council of the Village of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to and at such hearing held on September 9, 1968, has considered all oral and written objections presented against the levy of such assessments. 2. assessments as set forth in the assessment rolls on file in the office of the Vil- lage Clerk for the following improvements: Storm Sewers 92;95, 100, 101, 102, 103, 107, 109, Watermain Improvements 214, 215, 221, Street Improvements BA-70, BA-94, BA-112, E-21, E-24, Sanitary Sewer Improvements 259; and 1968 Oiling Improvements does not exceed the local benefits conferred by said improvements hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. Said assessments are hereby amended as.follows: 409 Jefferson (Lot 22 and part of Lots 21 and 23, Block 11, West Minneapolis Heights) shall be placed in Category 3 rather than in Category 2; For Street Improvement BA-94, assessment for 504 John Street (Lot 2, Block 1, Mendelssohn, Gross Replat) shall be against 104.5 assessable feet rather than against 117.4 feet as proposed, and with Lots 4 and 5, Block 7, Mendelssohn Addition to be assessed on a corner lot basis rather than at $150.00 as proposed. 4. said installments together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1969, to be payable with the general taxes for the year 1968. Storm-Sewer Improvements 103 and 95 and Street Improvement BA-94, twenty install- ments; Storm Sewers 100, 101, 102, 92, 107, 109, Watermain Improvements 215, 221, Sanitary Sewer Improvement 259, Street Improvements BA-70, BA-112, E421 and E-24, ten installments; 1968 Oiling Improvements will be payable with the taxes for the year 1968, payable in -1969. 5. 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. 6. able by a county, a political 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 The Village has given notice of hearings as required by law on the proposed Subject to the amendments made in paragraph 3 of this resolution, each of the For Storm Sewer Improvement 103, The assessments shall be payable in equal annual installments, the first of The number of such annual installments shall be as follows: The Clerk shall also mail notice of any special assessments which may be pay- for collection thereof -in installments, Motion for adoption of the resolutionwas rollcall there were four ayes and no nays as ATTEST : Mayor Lbs- u Village Clerk SUMMIT AVENUE SANITARY SEWER AND WATERMAIN ABANDONED. that'the Improvement Hearings on P-SS-2ZP and P-TJM-233 for Summit Avenue had been continued to this meeting from August 5, 1968, but that the petitioners had re- quested that the projects be abandoned because of the high cost involved. man Johnson's motion to abandon these improvements as requested by petitioners was then seconded by Councilman VanValkenburg and carried. Mr. Hyde recalled to Council Council- PUBLIC HEARING CONDUCTED ON CONCRETE ALLEY PAVING IN BROOKSIDE HEIGHTS AREA. Affidavits of Publication in the Edina Sun on August 29 and September 5, 1968, and of Mailing on August 30, 1968, were presented by-Clerk, approved as to form and ordered placed on file. and action taken by Council as hereinafter recorded. A. CONSTRUCTION OF PERMANENT ALLEY SURFACING IN THE FOLLOWING: Pursuant to due notice given, public hearing was conducted Alley between Villiam Avenue and Bedford Avenue and between West 51st Street and West 52nd Street, Alley between Bedford Avenue and William Avenue and between West 51st Street and Interlachen Blvd. B. CONSTRUCTION OF PERMANENT ALLEY SURFACING AND STORM SEWER IN THE FOLLOWING: 9/9/68 v3 LL u ta 3 C. CONSTRUCTION OF PERMANENT ALLEY SURFACING IN THE FOLLOWING: Alley between Bedford Avenue and Oxford Avenue and between Vest 51st Street and Interlachen Blvd. Mr. Hite recalled to Council that previous hearings had been.held and the improvements approved for asphalt concrete surfacing but that because it is felt that blacktop alleys do not hold up well.and are difficult to maintain and expensive to maintain, bids were taken for Portland cment concrete sur- facing. Bids received being higher than the estimate presented at the orig- inal hearings, it was decided to conduct new hearings for all improvements concurrently. Mr. Hite recommended that 25% of the construction cost of the alleys be paid from General Funds, as discussed at Council Meeting of August 19, 1968, with the remaining 75% of the cost being assessed against abutting properties. He further recommended that the assessment for these improvements be spread over a ten, rather than the customary five year period. Mr. Hite advised that the proposed storm sewer in the alley between Bedford and William Avenues and between West 51st Street and Interlachen Blvd. is necessary to correct a drainage.problem. Since this is not a normal alley paving cost item, it is proposed to assess its cost separately against the properties situated in that block. On the basis of the low bid, the total estimated cost of this storm sewer is $2,568.73. against each of the twenty parcels situated adjacent to the alley, the re- sulting estimated assessment per parcel would be $128.43. is recognized that some parcels may benefit from the storm sewer to a greater or lesser degree than others, but that, if the improvement is authorized, the Mr. Hyde advised thap Mr. J. A. Chelgren, 5124 William Avenue, and Mr. D. D. Nklson, 5109 Bedford Avenue, had telephoned to indicate that they would favor con- struction of the alley, provided it did not cost them more than the origanal asphalt surfacing e'stimate. Mr. E. L. Doeling, 5104 William Avenue, agreed that the cement alley would be more satisfactory, provided the Village would pay 25% of the cost. In reply to Mr. Doeling's question about the assessment . of the storm sewer, Mr. Hite advised that this determination must be made at the Assessment Hearing. The owner of property at 5101 Bedford Avenue asked why it is now proposed to assess all of the alleys at a uniform arate while proposed to be assesseb. at various rates at the previous improvement hearings. Mr of the improvement from General Funds, it is less expensive to let bids for one large project than for a number of smaller projects. ever, that it would be possible to keep track of the cost of each alley individually. Mayor Bredesen advised that since only a very small percentage of the Village uses these alleys, he could only justify Village participation of 15%. Mr. Hite noted that Minneapolis, St. Louis Park, and Hopkins install only cement alleys. He suggested that the disproportionate cost of Portland Cement Concrete over asphaltic concrete could be justified by the substantially longer life of the surface, reduced maintenance cost and improved appearance of the alley. He recommended that all alleys in the Village be paved within a five year period in order to reduce maintenance costs of these alleys. IJ. R. Winsor, 5015 Bedford, questioned the cost of $455.00 for shrubbery re- placement in his alley and was advised that this could be deleted from the project. Mr. H. G. Wahlquist, 5012 Bedford Ave. , was advised that his ass- essment would be approximately $7.52 per assessable foot. Mr. J. W. Romine, 5021 Oxford Avenue, advised that residents on Oxford Avenue do not use the alley and stated that heJ7ould oppose the additional cost of installation of Portland Cement Concrete.' Following considerable discussion, Councilman Courtney offered the following resolution approving Portland Cement Concrete paving of the alleys with the reservation that each alley be assessed only for its individual cost and with the recommendation that the Council which determines the assessment assess 75% of the improvement against the property If it were to be assessed uniformly He noted that it *method of assessment would be determined at the Assessment Hearing. Hite pointed out that if the Village is to participate by paying a share He concurred, how- Mr. ' and the remaining 25% to be paid from General Funds: RESOLUTION APPROVING ALLEY IMPROVEMENTS A-167, A-168 AND A-169 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the follow- ing proposed improvements: 1. CONSTRUCTION OF PERMANENT ALLEY SURFACING IN THE FOLLOIJING: Alley between William Avenue and Bedford Avenue and between West 51st Street and West 52nd Street ANCES IN THE FOLLOWING: Alley between Bedford Avenue and William Avenue and between West 51st Street and Interlachen Blvd. Alley between Bedford Avenue and Oxford Avenue and between I?. 51st Street and Interlachen Blvd. I 2. CONSTRUCTION OF PERMANENT ALLEY SURFACING AND STORM SEWER AND APPURTEN- 3. CONSTRUCTION OF PERMANENT ALLEY SURFACING IN THE FOLLOWING: 9/9/68 and at the hearing held at the time and place specified in the notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, with each improvement to be assessed only for the actual cost of that particular improvement rather than for the share of the combined cost of all improvements, including all proceedings which may be necessary in eminent do- main for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 above STREET IMPROVEMENT NO. A-167 No. 2 above ~ STREET IMPROVEMENT NO. A-168 No. 3 Above STREET IMPROVEMENT NO. A-169 and the area to be specially assessed therefor shall include all lots and tracts of land abutting the alleys proposed to be Motion for adoption of the resolution was rollcall there were four ayes and no nays ATTEST: Mayor Village Clerk SINGLE FAMILY DWELLING DISTRICT ORDINANCE NO. 261-168 ADOPTED AT SECOND READING. Mr. Hoisington presented Ordinance No. 261-168 for Second Reading, First Reading for which had been passed on August 19. He recalled that thts ordinance holds particular significance for lots less than 60 feet in width and concerns side yard requirements both for houses and garages. No persons being present to offer objections, Counciman Courtney offered Ordinance No. 261-168 for Second Reading and moved its adoption as follows: ORDINANCE NO. 261-168 REOUIREMENTS IN THE SINGLE FAMILY DWELLING DISTRICT; AMENDING ORDINANCE NO. 261 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subparagraph (a) of paragraph 4 of Section 3 (Single Family Dwelling District) of Ordinance No. 261 (Zoning Ordinance of the Village) is hereby amended by adding the following to the schedule of'setback and yard re- quirements: AN ORDINANCE AMENDING SETBACK AND YARD "(a) Setbacks and Yards Front Street Side Street Interior Rear Side Yard Setback Setback - Structure accessory to single family residences except detached garages in rear yard 30 15 5 5 Rear Yard detached garage accessory to single family residence 30 15 3 3 of.said Ordinance No. 261 is hereby amended to read as follows: building line of less than 60 feet may have an interior side yard less than 10 feet in width, but in no event less than five feet. On lots 60 feet or more in width at the building line, residences whose average height above ground level alongside the residence is in excess of 15 feet shall have an additional side yard dimension be- yond that required heretofore of not less than six inches for each foot the average height exceeds 15 feet," This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for rollcall there were four ayes and no nays Sec. 2. Subsubparagraph (3) of subparagraph (a) of paragraph 4 of Section 3 "(3) Single family residence lots having a width at the Interior Side Yard. Sec. 3. adoption of the ordinance was ted. ATTEST : '_ MORNINGSIDE AREA REDISTRICTING ORDINANCE NO. 261-169 ADOPTSR 'AT SECOND WADING. Mr. Hoisington presented Ordinance No. 261-169 which provides for the redistricting of properties in the former Village of Morningside to coincide with other Edina zoning, for Second Reading. He recommended that the section of the ordinance dealing with automobile parking redistricting be stricken from the ordinance as presented for First Reading on August 19, 1968, to allow further study. Mr. Ralph 9/9/68 229 i Tully, attorney for Dr. Verne Jensen; 3910 Sunnyside Road, advised Council that it is not fair that one property owner should have the responsibility of pro- viding all of the parking facilities for the entire business district, and re- quested that Lots 4 and 5, Block 1, Fairbairn's Rearrangement not be included in the Automobile Parking District. Following considerable discussion, Council- man VanValkenburg's motion that the Automobile Parking District section be considered as a separate ordinance at Council Meeting of October 7, was seconded by Councilman Johnson and carried. Second Reading by Councilman Johnson who moved its adoption as follows: ORDINANCE NO. 261-169 AN ORDINANCE RECUSSIFYING PROPERTIES IN THE FORMER VILLAGE OF MORNINGSIDE TO VILLAGE OF EDINA ZONING DISTRICTS OFFICE BUILDING DISTRICT, C-1 COMMERCIAL DISTRICT OR C-4 COMMERCIAL DISTRICT; Ordinance Noi 261-169 was then offered for R-1 RESIDENTIAL DISTRICT, R-2 RESIDENTIAL DISTRICT, AMENDING ORDINANCE'NO. 261 ' THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: rezoned by transferring them into the various districts established by Ordinance No. 261 of the Village. are hereby transferred to the Single Family Dwelling District. extended by adding to the description of the District contained in paragraph 1 of Section 4 of Ordinance No. 261 of the Village the properties described below, and said paragraph is'hereby amended accordingly: (46) (47) Tracts B and C, Registered Land Survey No. 549, Section 7, Township 28, ., Section 1. properties in the former Village of Morningside are hereby Any such properties not specifically described below m Sec. 2. The boundaries of the Multiple Residence District are hereby z? U ' 3 iu District R- 2 : The East 50 feet of the Nortfi 125 feet of Lot 80, Morningside Subdivision. Range 24. Sec. 3. The boundaries of the Office Building District are hereby extended by adding to the description of the District contained in paragraph 2 of Section 8 of Ordinance No. 261'of the Village the properties described below, and said paragraph is hereby amended accordingly: (aa) (bb) (cc) Tract A, Registered Land Survey No. 549, Section 7, Township 28, Range 24. Tract A, Registered Land Survey No. 517, Section 7, Towndhip 28, Range 24. The South 130 feet of Lots 7, 8 and 9, Block.1, Fairbairn's Rearrangement measured at right angles from the north line of Sunnyside Avenue. Sec. 4. The boundaries of the Commercial District are hereby extended by adding to the description of the District contained in paragraph 3 of section 9 of Ordinance No. 261 of the Village the properties described below, and said paragraph is hereby amended accordingly: C-1 COMMERCIAL DISTRICT: (14) That part of Block 13, Waveland Park lying South of West 44th Street, 'West of France Avenue, North of Lot 1, Block 1, Fairbairn's Rearrangement, and East of Tract B, Registered Land Survey No. 517, Section 7, Township 28, Range 24 except the westerly 10 feet thereof. The South 75 feet of Lot 4, Block 1, Fairbairn's Rearrangement measured at right angles from the north line of Sunnyside Avenue. Lot 6 and the West 10 feet of Lot 5, measured at right angles from the north line of Sunnyside Avenue to a depth of 130 feet therefrom. ' (18) That part of Lot 79, Morningside, lying South of the North 149.7 feet. (19) All of Lots'l, 2 and 3, Block 2, Fairbairn's Rearrangement and that (15) Lots 1, 2 and 3, Bock 1, Fairbairn's Rearrangement. (16) (17) portion of Lot 6, Block 2, Fairbairn's Rearrangement lying north of a line represented by the westerly extension of the south line of Lot 3 and including vacated alley. (20) The South 75 feet of Lot 5, Block 1, Fairbairn's Rearrangement measured at right angles from the north line of Sunnyside Avenue. C-4 COMMERCIAL DISTRICT: (31) The North 149.7 feet of Lot 79, Morningside. (32) A parcel described as follows: Commencing at a point on the West line of France Avenue 405 feet North of the South line of Section 7, Township 28, Range 24; thence South 145 feet; thence West 77 feet; thenge North 0°18'54" Nest to the intersection with a line bearing South 59 54'28" West from the point of beginning; thence Northeasterly along said bearing line to beginning. Sec. 5. This ordinance shall be in full force and effect immediately upon its passage and publication. Moi2ion for adoption of the ordinance and on rollcall there were four ayes ATTEST : 8ke-e-A- h, Village Clerk 1 " Mayor 9/9/68 ORDINANCE NO. 261-136 DENIED SECOND READING. Mr. Hoisington advised Council that Mr. IJallace Kenneth had withdrawn his request for R-5 zoning for Parcel 200, Section 28, Township 117, Range 21 and for Parcel 280, Section 33, Township 117, Range 21, whereupon Councilman VanValkenburg's motion formally denying Second Reading for Ordinance No. 261-136 was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the motion was'carried. ANDW7S ADDITION PRELIMINARY PLAT APPROVAL REQUEST 17ITHDRAWN. Mr, Hoisington advised TBFlE Ctici' Eqiiest- 262 pEeLZi&tt~Zf$ @lac apPEGVa1 fdE Andrews Addition had been with- drawn, whereupon Councilman VanValkenkurg's motion formally acknowledging withdrawal was seconded by Councilman Courtney and carried. BIDS Al7ART)ED FOR ALIZY SURFACING INPROVEMENTS A-167, A-168 AND A-169. Mr. Hyde presented tabulation of two bids received in response to Advertisement for Bids published in the Construction Bulletin on July 18 and 25 and in the Edina Sun on July 18, 1968, award of which had been continued to this date. Tabulation showed Victor Carlson and Sons, Inc., $24,575.90 and Arnold Beckman, Inc,., $25,058.95. Engineer's estimate was $23,536.00.' Councilman Johnson's motion for award to recom- mended low bidder, Victor Carlson and Sons, Inc., was seconded by Councilman VanVal- kenburg and carried. I CONTRACT &?WED FOR BR-3, Mr, Hyde presented tabulation'of five bids received in response to Advertisement for Bids in the Construction Bulletin on June 20, 27 and July 4, 1968, Wd?k the Edina Sun on June 20, 1968, award for which'had been continued from July 15, 1968. bidder at $140,212.25, 31. G. Astleford Co., Inc., $144,791.18, Park Construction Co., $175,148.46. Engineer's estimate at $128,070.33. Mr. Hyde advised Council that the IEnneapolis, Northfield and Southern Railroad has indicated a willingness to pay only $20,000 toward the cost of ihe bridge as opposed to $53,283.19 (50% of the cost) as proposed by the Village. apolis, Northfield and Southern Railroad advises that this is the only $ridge in the entire railroad system which is not on a State or'Cbunty Highway. that the Public Service Commission must approve any agreement made. Mr. Kite recom- mended that since the Public Service Commission must approve all cost sharing agree- ments, that the contract be awarded and-submitted to the Public Service Commission for its recommendation as to cost sharifig, avard of bid to recommended low bidder, Northern Contracting Company, with division of cost td be determined by the Public Service Commission, was seconded by Council- man Courtney and carried. Tabulation showed Northern Contracting Company loy $149,270.37 and Industrial Construction Division of Allied Structural Steel Company .% I Mr. Hyde pointed out that Bfr. MacPherson of the MTQiie- He noted further Councilman VanValkenburg's motion for .. L-5 STREET LIGHTING CONTRACT AWARD OF BIDS'CONTINUED TO SEPTEMBER 16. recommendation of Mr. Hyde, Councilman Johnson's motion continuing award of bids for Street Lighting Improvement L-5 to September 16, 1968, was seconded by Council- man Courtney and carried. SIDEk7ALK PETITION FOR VALTAY VIEI? ROAD BETWEEN CHAPEL LANE AND ST. PATRICK'S LANE was presented as signed by Mr. and Mrs. Robert E, Bach, 6816 Chapel Lane, The petition was reviewed and referred to the Traffic Safety Committee for study by motion of Councilman Courtney, seconded by Councilman Johnson and carried. Upon the LEE ILDSTAD REQUEST TO REPEAL ORDINANCE NO. 143-4 was submitted by Mr. Hyde who advised that Mr, Ildstad has a trailer which he would like to park in his driveway. Councilman Johnson's motion that the Village Manager advise Mr. Ildstad that this ordinance is desirable and should not be repealed was seconded by Councilman Courtney and carried, CAHILL ROAD WATER?UIN AND SANITARY SEWER PETITIONS RECEIVED. Nr. Hyde that petitions for watermain and sanitary sewer had been received for Cahill Road between Amundson Blvd. and W, 70th Street, Councilman VanValkenburg's motion to xefer the petitions to the Engineering Department for processing was seconded by Councilman Johnson and carried: WEST 65TH STREET NAME CHANGE REQUEST REFERRED TO PLANNING COMMISSION, advised that a petition had been received to change the name of I?, 65th Street be- tween Valley View Road on the Vest and Ridgeview Drive on the East to Valley Lane. He advised that other street names in the area are equally confusing and recommended that the matter be referred to Planning Commission so that other street names could be changed at the same time. Councilman Courtney's motion referring the petition to Planning Commission was then seconded by Councilman VanValkenburg and carried, Upon being advised by Mr. Hyde 9/4/68 231 I ANTI-POLUTION ORDINANCE PETITION RECEIVED, tion requesting adoption of an Anti-Polution Ordinance. Councilman Johnson's motion that the petition be accepted for study was seconded by Councilman Courtney and carried. Ordinance were distributed to the Council. Mr. Hyde advised Council that a peti- Following some discussion, Copies of the recently adopted St. Louis Park DUNN AND CURRY REAL ESTATE COMPANY PROPERTY TO BE APPRAISED BY STATE HIGHWAY DE- PARTMENT WITHIN THREE WEEKS, ceived from the Minnesota Department of Highways ahisl'.ng that the Stace would be in a position to tender an offer to %nn within the next two or three weeks. No action 1;las taken. Mr. Hyde advised Council that a letter had been re- & Curry for S.P. 2733 (100-130-21-1) MENDELSSOHN ADDITION ~T DIVISION HEARING DATE SET.' Upon the recommendation of Mr. Hoisington, October 7, 1968, was set as hearing date for the division of Lots 9 and 10, Block 7 and Lots 1 and 2, Block 8, Mendelssohn Addition, by motion of Councilman VanValkenburg, seconded by.Councilman Courtney and carried. CLAGRAMAR IV ADDITION PRELIMINARY PLAT APPROVAL HEARING SET. tion of Mr. Hoisington, Councilman Jolpson's motion setting October 7, 1968, for preliminary plat approval was seconded by Councilman Courtney and carried. TRACT 0, R.L.S. 1050 DIVISION APPROVED. Mr. Hoisington presented a petition for division of Tract 0, R.L.S. No. 1050, advising that this division will result in two, rather than three tracts. Councilman VanValkenburg then offered the follow- ing resolution .zsrecommended by Planning Commission and moved its adoption: RE SOLUTION WHEREAS, Gerald Rauenhorst and Roger R. Roe as Trustees under Agreement with Rauenhorst Construction Company, Inc., are the owners of certain parcels of land in the Village of Edina described as fo~lows: Tract P and the East One-half of Tract 0, Registered Land Survey No. 1050, Files of Registrar of Titles, Hennepin County, Minnesota; and Tract N and the West One-half of Tract 0, Registered Land Survey No. 1050, Files of Registrar of Titles, Hennepin County, Minnesota; and Upon the recommenda- PIHEREAS, said owners have requested approval of the Village of Edina of the con- veyance and ownership of the above described tract of land as a separate parce1;and BHERE&S;--itchas be6n determined that compliance.with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tracts of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations, as contained in the Village of Edina Ordinance Numbers 261 and 263-A', NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, how ever, to'the provision that no further subdivision be made of the above described tracts of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of the resolution was secongkql by Councilman Courtney and on rollcall there-were four ayes and ATTEST : dL&/h Village Clerk - LOT 1, BLOCK 1, COUNTRYSIDE ADDITION DIVISION APPROVED'. Mr. Hoisington presented B petitiok for d'ivisZori 69 Lot 1, Block 1, Countryside Addition which will result in a lot which will be 113 feet by 180 feet, Councilman VanValkenburg then offered the following resolution approving the lot division as recommended by Planning Com- mision and moved its adoption: WHEREAS, Jerome L. Boyer and Ruby N. Boyer, husband and wife, are the or.mers of a certain parcel of land in the Village of Edina discribed as follows: 'I.J€IEWAS, said owners have requested approval of the Village of Edina of the con- veyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the subdivision and zoning regulations of the Village of Edina will create an unnecessary hardship and said tract of land as a seDarate Darcel does not interfere with the Dumose of the Sub- RF, SOLUTI ON Lot 1 except the East 32 feet thereof, Block 1, in Countryside; and 9/9/68 division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as'to said division and conveyance, subject, however, to the provision that no further subdivision be made of the- above described tract of land unless made in compliance with the pertinent ordinances of the Village ordinances. . of Edina or with the prior approval of and on rollcall there were four ayes Motion for adoption of the ATTEST: Mayor LA*h, V5llage Clerk LOT 2, BLOCK 4, NORMANDALE I1 ADDITION DIVISION APPROVED. a request to divide Lot 2, Block 4, Normandale I1 Addition so as to make two 75 foot lots frdm three 50 foot lots as recommended by Planning Commission. Councilman Johnson then offered the following resolution and moved its adoption: WHE'REAS, Bethel K. Weekley and M. Elaine TJeelcley, husband and wife, are the owners of a certain parcel of land in the Village of Edina'described as follows: The South 25 feet, Lot 2, Block 4, Normandale 2nd Addition, according to the plat thereof on file in the office of the Register of Deeds, Hennepin County, Minnesota; and Mr. Hoisington presented ... RESOLUTION WHEREAS, said owners have requested approval'of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcel; and ImREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tract df land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a se2arate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 26d-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Notion for adoption of the resolution 17as sec ded by Councilman Courtney and on rollcall there were four ayes and no nays arp d the resolution4tas adopted. - 4- .- &a fi&b ATTEST : llayo r LA- YL * Village Clerk OUTLOT 1,'SIOUX TRAIL ADDITION DIVISION APPROVED. Mr. Hoisington presented Outlot 1, Sioux Trail Addition for division into two parcels. The southerly 209 feet will be one parcel and the remainder of the property will be combined with property to the North. quirement for Planned Industrial District zoned lands. adequate in-size. recommended by Planning Codssion and moved its adoption: T.THEREAS, Allen W. Garrison is the- owner of a certain parcel of land in the Village The Southerly lot is slightly over 2 acres in size, which is the re- The other lot is more than Councilman Courtney then offered the following resolution as RESOLUTION . of Edina described as follo~7s: That part of Outlot 1, Sioux Trail Addition, lying-North of a line drawn parallel with and 209 feet North of the South line of said Outlot 1, according to the p3at.thereof on file iQ the office of the Register of Deeds, Hennepin County, Minnesota, and' That part of Outlot 1, Sioux Trail Addition lying South of a line drawn parallel with and 209 feet North of the South line of said Outlot -1, according to the plat thereof on file in the office of the Register of Deeds, Hennepin County, Minnesota; and WHEREAS, said owner has requested approval of the Village of Edina of the convenance and ownership of the above described land as a separate parcel; and T.THEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; . . 9/9/68 I NOV, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and cbnveyance, subject, however, to the provision that no further subdivision be made of the above described tract of l'and unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for Motion for adoption rollcall there were by these ordinances. of the resolution was four ayes and no nays d by Councilman Johnson and on resolution wgs adopted. (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MNNESOTA NOTICE OF PUBLIC*HEARING ON SANITARY SEWER NO. Pr 275 EDINA VILT,AGE COUNCIL will meet at the Edina Village Hall on Monday, October 7, 1968, at 7:OO p.m., to consider the following proppsed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvement is estimated by the Village as set forth belOP7: 1. The approximate CONSTRUCTION OF VXLLAGE SMITARY SEWER AND APPURTENANCES IN THE FOLLOWING: A. SANITARY SEWER NO. P-275 Vest 54th Street from Abbott Place East to serve 3301'G.J. 54th St. Estimated Cost - $2,595.82 The area proposed to bi assessed for the cost of the proposed Sanitary Sewer in- cludes the West 85 feet of the North 120 feet of Lot A, White Investment Company's Hidden Valley Florence B. Hallberg Vfllage Clerk ATTEST: a- Village Clerk HONDO I1 ADDITION FINAL PLAT APPROVAL CONTINUED UNTIL IMPROVEMENT AGREEMENTS HAVE BEEN REACHED. Mr. Hoisington presented Hondo 11 Addition for final plat * approval, advising that this fifteen lot plat is jmmediately adjacent to the M. P, Johnson property. ation of improvements is pending, whereupon Councilman Johnson's motion that the matter be continued until improvement agreement is reached was seconded by Councilman Courtney and carried. RUDY TRONES CONSTRUCTION COMPW R-2 ZONING REQUEST DISCUSSED. Mr, Hoisington' advised Council that Planning Commission had recommended denial of the request of Rudy Trones Construction Company for R-2 Multiple Residence District zoning for Lots '8 and 9, Block 2, Valley View Heights Addition, contrary to the recom- mendations of the staff. recommendations of the Planning Commission but that Mr. Trones be notified that if he wishes, a hearing will be set up, w'as seconded by Councilman Courtney and carried. He advised, however, that an agreement relative to install- Councilman Johnson's motion that Council accept the HEAXDJG DATE. SET ' FOR <PUBLTC ~~~ING:~:oR-S~lT~RY. SEX@R,'$QR;.:LQT A, WHITE INVESQBNT GQNPAW'.S BI;Da&N VALLEY. : N~L Hite advised that a petition for an improvement con- sisting of Sanitary Sewer be constructed to serve the'dwelling at 3301 W. 54th Street had been received, whereupon Councilman Johnson offered the following resolution setting hearing date and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC,HEARING ON VILLAGE SANITARY SEWER AND APPURTENANCES The Village Engineer, having sabmitted to the Council a preliminary report 1. as to the feasibility of the proposed Sanitary Sewer described in the $om of Notice of Hearing set forth below, and as to the estimated cost of such improve- ment, said report'is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, October 7, 1968, at 7:OO p.m. in the Edina in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: Village Hall, to consider in public hearing the views of all persons interested - 23'4 ~ 9/9/68 Notion for adoption of the resolution w seconded by Councilman VanValken- burg and on rollcall there were four ayes 27 nd o nays and the resolution was adopted. k@/W, ATTEST: Mayor gL 8. Village Clerk GARBAGE ASSESSMENT HEARING DATE SET. bids be taken and the assessment hearing be held on October 7, 1968, Councilman VanValkenburg offered the following resolutions and moved their adoption: I Upon the recommendation of Mr. Hyde that RESOLUTION PROVIDIDING FOR SPECIAL ASSESSMENT HEARING FOR GARBAGE ASSESSMENT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as f0llO~~S : 1, The Clerk and Engineer having calculated the proper amounts to be assessed for the improvement set forth in the Notice of Hearing form he'reinafter recorded, ahd the amount proposed to be assessed against the respective lots, places and parcels of land within the district affected by said improvehent, and said pro: posed assessment having been filed with the Clerk, the same is hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hereing thereon as herein probided, 2. ing form 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; . This Council shall meet at the time and place specified in the Notice of Hear- Notice being as follows: (Official Publication) 4801 17. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF ASSESSMENT HEARING VILLAGE OF EDINA GARBAGE AND HOUSEHOLD REFUSE COLLECTION EDINA VILLAGE COUNCIL will meet on Monday, October 7, 1968, at 7:OO porn., in the Edina Village Hall, 4801 17. 50th Street, and will aE saia time and place hold an Assessment Hearing for gabbage and household refuse collection in the area formerly known as the "Village of Morningside". Proposed assessment for the calendar year 1969, collectible in that same year, is estimated to be about $25.00 per residenee, depending upon low bid received. Bids will be taken on October 4, 1968, and award will be made to low bidder on October 7. BY ORDER OF THE EDINA VILLAGE COUNCIL. Florence B. Hallberg Village Clerk RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTIEG ADVERTISEMENT -* FOR BIDS FOR GARBAGE COUECTION BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MIFWESOTA: 1. following Advertisement for Bids ?om, heretofore prepared by the Village Engin- eer and now on file in the office of the Village Clerk are hereby approved. 2. the following notice for bids for improvement: The plans and specifications for the proposed improvement set forth in the' The Clerk shall cause to be published in the Edina Sun (Official Publication) VILLAGE OF EDINA 4801 11. 50TH STREET EDINA, IIINNESOTA 55424 ADVERTISEMENT FOR BIDS ., 1: COLLEXTION OF GARBAGE AND HOUSEHOLD REFUSE I SEALED BIDS will be opened and publicly read in the Council Chamljers, Edina Vil- lage Hall, 4801 t?: 50th Street, Edina, at 11:OO a.m., Friday, October 4, 1968, and the Edina Village Council will meet at 7:OO Fern., Monday, October 7, 1968, COLLECTION-OF GARBAGE AND HOUSEHOLD REFUSE FOR FORMER VILLAGE OF MORNINGSIDE AREA Bids must be in conformance with specifications on file in the office of the undersigned and must be submitted no later ghan E1:OO a.m., Friday, October 4, 1968, in securely sealed envelope marked !'Bid for Collection of Garbage and House- hold Refuse'' and accompanied by bid security in the form of cash deposit, bid total net bid. BY ORDER OF THE EDINA VIUE COUNCIL. to consider said bids, being for the following: \ t t bond, cashier's or certified check in an amount equal to not less than 10% of the The Village Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk 9/9/68 Motion for adoption of the resolutio rollcall there were four ayes and no nay -. ATTEST: I Village Clerk 4 ORDINANCE NO. 261-170 CONTINUED TO OCTOBER 7. Village Attorney, Second Reading €or Sign Ordinance 61C was continued to October 7, 1968, by motion of Councilman Johnson, seconded by Councilman Courtney and carried. Upon the recormnendation of the. ORDINANCE NO. 181A ADOPTED. mits to peddlers and solicitors was presented by Mr, Hyde for First Reading. representative of Culligan Water Softener Company was advised that soft water services P70Uld be permitted io solicit without a permit, sion, Councilman Johnson offered Ordinance No. 181A for First Reading as follows: Ordinance No, 181A which provides for granting per- A Following some discus- ORDINANCE NO. 181A ENTERING UPON CERTAIN PREMISES 'OIITHIN THE VILLAGE, PROVIDING FOR REGISTRATION OF PEDDXRS AND SOLICITORS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: AN ORDINANCE PROHIBITING PEDDLERS OR SOLIqITORS FROM *I AND CERTAIN VENDORS. AND PROVIDING A PENALTY Section 1. Definitions. Subdivision 1, For the purposes of this ordinance the words defined in -- this section have the meanings given them. "Peddler" means any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to pur= chasers of the same. soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal pro- perty of any nature whatsoever for delivery in the future. Subd, 4, Vendors of milk, groceries, bakery products, or other perish- able Commodities or of soft water service who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities to regular customers shall not be included wWn the above definition of "peddler" or "soli- cito r . I' ltPeddler" or "solicitor" does not include any person who sells or attempts to sell, or solicits or attempts to solicit orders for goods, wares or merchandise, if he does so in behalf of a bona fide charitable, religious, civic, educational or political organization. Subd, 2. Subd. 3. "Solicitor" means any person who goes from house to house Subd. 5. Sec. 2. Peddlers and Solicitors May be Prohibited by Placard, Any resident of the Village who wishes. to exclude peddlers or solicitors from premises occupied by him may place upon or near the usual entrance to such premises a printed pla- card or sign bearing the following notice : Such placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon shall not be smaller than 48 point type. shall enter in or upon any premises or attempt to enter in or upon any premises, where such placard or sign is placed and maintained, ing such premises shall remove, injure or deface such placard or sign. engaging in peddling or soliciting, or in making calls as described in Subdivision 4. of Section 1, the peddler, soJicitor or vendor must submit the following informa- tion to the Village Clerk: "Peddlers and Solicitors Prohibited". No peddler or solicitor Sec. 3. May Not Deface Placard. NO person other than the person occupy- Sec. 4, Registration of Peddlers and Solicitors and Other Vendors. Before (a) (b) (c) If employed, the name and address of the employer; (d) :The period of time within which he intends to conduct activities; and (e) The source of supply of the goods or property proposed to be sold, or His name .and permanent address and local address, if any; A brief description of the nature of the business and the goods to be sold; in the case of goods or property to be sold by solicitation of orders, where such goods or products are located at the time the information is submitted to the Village Clerk, and the proposed method of delivery. by Section 4, the peddler, solicitor or vendor shall also pay a registration fee of $3.00. Sec. 5. Registration.Fee. At the time of submitting.information as required 236 9/9/68 Sec, 6. Penalty. Any person who violates any provision of this ordinance, f upon conviction thereof, shall be punished by a fine not exceeding $100 or by imprisonment for a period not exceeding 90 days. Sec. 7.. Ordinance Nos, 181 and 182A are hereby repealed. Sec.-8. This Ordinance takes effect upon its passage and publication. 0RDINANCE.NO. 185 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 185 for First Reading, advising that this ordinance regulates garage sales and sales of farm produce. Following some discussion, Councilman Johnson offered Ordinance No. 185 for First Reading as follows: ORDINANCE NO. 185 AN ORDINANCE REGUTATING USE OF LAND FOR SALES' OF I " EBBEi E3ODUGB ANR BlPHEB 338PERTY THE +LUGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sales in Residential Areas. lage zoned for residential use shall be used for the sale of personal property for mre than one period of 72 consecutive hours in any year. for sale shall consist ody of items owned by the owner of the premises or by friends of such oxmer. for resale or received on consignment for purpose of resale. Sec. 2. Sales of Farm Produce and Other Property. No person shall occupy or use any public right-of-way for the purpose of selling farm produce or any other property. Except as provided in Section 1, farm produce or other property shall be offered for sale only on premises situated in the Commercial District, and then only with permission of the owner or lawful occupant. in violation of this ordinance shall be guilty of a misdemeanor and shall bpon conviction thereof be punished by a fine not exceeding $100 or by imprisonment No premises in the areas. of the Vil- The property offered None of the items offered for sale shall have been bought I Sec. 3. .Penalty. Any person selling property or. offering property for sale - for not more than 90 days. .* Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publicafion. NORTHERN STATES PONER COlrlpANY AND NORTEITJESTERN BELL TELEPHONE COME'ANY THANKED FOR COOPERATION IN NOVING CAHILL SCHOOL, sir. Hyde advised Council that Northern States Power Company and Northwestern Bell Telephone Company had been most cooperative in the moving of old Cahill School to the Historical Park site. Councilman Johnson then offered the following resolution of appreciation and moved its adoption : WHEREAS, the original Cahill School Building has been moved to the site of the new Historic Park adjacent to the Edina Village Hall, and WHEREAS, Northern States Power Company and Northwestern Bell Telephone Company have cooperated fully in helping 'to make this project possible; . NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council express its deep appreciation to Northern States Power Company, represented by Harry Spell, and to Northwestern Bell Telephone Company, represented by Samuel Hughes, for their gen- erous contributions to the establishment of this Historical Park which will pre- serve the historic life of Edina for the resolution was 'adopted. RESOLUTION OF APPRECIATION I Notion for adoption of the resolution ATTEST: Nayor SUBSTITUTION OF COLLATERAL APPROVED: Notice was read by Xr. Dalen of the substitu- tion of Independent School District #271 (Bloomington) Hennepin County, lrlinnesota School Building 4.75% bonds due February 1, 1979, for CorpBs Christi Junior College District Building Bond, Texas Series, 1964, 3.00% bonds due Narch 1, 1974, each in the amount of $20,000.00 by First Southdale National Bank. Notion to approve substitution by councilman VanValkenburg was seconded by Councilman Courtney and carried. I TEEASURER'S REPORT AS OF JULY 31, 1968, was presented by Hr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Councilman Courtney and carried. LIQUOR REPORT AS OF JU&Y 31, 1968, was presented by tir. Dalen, reviewed and ocdered placed on file by motion of Councilman Courtney, seconded by Councilman Johnson and carried, *f 9/9/68 237' / OLAIMS PAID. Courtney and carried for confirmation of payment of the following claims: Councilman VanValkenburg s motion vas seconded by Councilman 8/21/68 Hilldale Lumber Co. . $ 305.57 Misc. Funds 8/21/68 Tonka Kennels, Inc. 1 , 287.25 General 8/21168 Commissioner of Taxation 7,534.88 Misc. Funds 8/21/68 D-A Lubricank Co., Inc. 62.07 Arena 8/21/68 Mrs . Katherine Nash 2,000.00 ' General 9/26/68 City of Minneapolis . 2,227.25 Water 8/29/68 James McNeIlis 18.16 General 8/29/68 Old Peoria Company, Inc. 4,553.53 Liquor 8/29/68 Griggs, Cooper & Co., Inc. 2,250.01 Liquor 8/29/68 Ed Phillips & Sons Co. 12 ;439.48 Liquor 8/29/68 Louis Distributing Co., Ind. 45.35 Liquor and for payment of the following claims as per Pre-List dated September 9, 1968: General Fund, $51,135.57; Construction Fund, $12,500.32; Park, Swim Pool, Golf Course, Park Construction and Arena, $44,690.66; Water Fund, $3,107.01; Liquor Fund, $258,985.95; Sewer Rental Fund, $857.24; Improvement Funds, $4,480.00; ' Poor Fund, $189.00; Total, $375,945.75. - The agenda's bus'iness having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Johnson arid carried. 1O:SO p.m. Adjoufnment at * YL &- .grl R Village Clerk 3 .*.