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HomeMy WebLinkAbout19690908_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON -. MONDAY, . SEPTE3jBER 8, 1969 , 7:OO P.M.. i Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. MINUTES of August 18, 1969,.were approved as submitted by motion <of Councilman Courtney, seconded by Councilman VanValkenburg and carried. 1970 BUDGET'PRESENTED. . Mr. Hyde officially presented 1969 Budget to Council as required by State Statute; noting that the proposed Budget contemplates an estimated 28.70 mills, or 17/100 of a mill higher than the 1969 Budget. proposed Budget,wad accepted for review by motion of Councilman VanValkenburg, seconded by Councilman Shaw and carried. The PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to 'form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as here- inafter recorded: A. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT P-C-107 IN THE FOLLOWING: Unnamed road on East line of Lot 37, Auditor's Subdivision 196 from VaLley View Road to 266' ,+ South Bi . CONSTRUCTION OFLTJATERMAIN P-VM-251 IN THE FOLLOTJING : C. D. -.Unnamed Road on the East line of Lot 37, Auditor's Subdivision 196 Valley View Road to 266' f South , Unnamed road on the East line of Lot 37, Auditor's Subdivision 136- from Valley View Road to 266' 2 South P-BA-163 IN THE FOLLOWING: View Road to 266' 2 South from CONSTRUCTION OF SANITARY SEWER E- SS- 289 AND APPURTENANCES IN THE FOLLOISING : CONSTRUCTION OF PERMANENT STREET SU~FACING AND CONCRETE CURB AND GUTTER Uiinamed Road on East line of Lot 37, Auditor's Subdivision 196 from Valley The above improvements aEfecting the same properties, public hearings were con- ducted simultaniously. Mr. Hyde advised that these improvements are being considered as a result of a petition from Messrs. Charles A. Wright, Wallace 0. Lilja, David C. Smith and M. E. Jensen. Cost of grading and graveling was estimated at $4,744.48, Watermain at $4,077.46, Sanitary Sewer at $5,694.92 and Street Surfacing and Curb and Gutter at $3,416.35 for a total estimated construction cost of $17,933.21, proposed to be assessed against Lot 2, Block 1, Moccasin Valley in accordance with cost of other similar improvements and to divide the balance of the estimated cost of each improve- ment equally among the other seven proposed new and existing lots. Lilja said that the affected residents'had met and favor the improvements as proposed. Mr. Nygren, who said that he represents Mr. Wright, stated that Mr. Wright had no objection to the improvements as such but questioned the exact location of the road. offered the following resolution and moved its adoption: GRADING AM> GRAVELING. C-107, IJATERMAIN NO. 251, Mr. Vallace No further comments being heard, Councilman Johnson RESOLUTION ORDERING IMPROVEMENTS . : ' SANITARY SEWER NO. 289 AND PERMANENT STREET SURFACIhY; AND CONCRETE CURB AND GUTTER NO. BA-163 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 following proposed improvements : 1. 2. 3. 4. - CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING: Unnamed road on the East li.ne of Lot 37, Auditor's Subdivision 196 from Valley View 'Road to 266' 2 South CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOTJING: Unnamed road on the East line of Lot 37, Auditor's Subdivision 196 from Valley View Road to 266' & South CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOIJING: Unnamed road on the- East line of Lot 37, Auditor's Subdivision 196 from Valley View Road to 266' 2 South CONSTRUCTION OF PERMANEXI STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : Unnamed road on the East line of Auditor's Subdivision 196 from Valley View R at to 266' -f- South and at the hearing held at the time and place specified in said notice, !he 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 including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and 9/8/69 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 : Nb- 1 Above GRADING & GRAVELING NO. C-107 No. 2 Above WATERMAIN IMPROVEMENT NO . 251 No. 3 Above SANITARY SEWER IMPROVENENT NO. 289 No. 4 Above STREET IMPROV@fENT NO. BA-163 and the area to be specially assessed EarLGfadSngl-ana GraveXing Improvement C-107 includes Lot 2, Block 1, Moccasin ,Valley; Parcels 6000 and 7515, Sect 7, T. 116, R. 21; Lot 1, Block 1, Braemar's Hill-AzWay; Lot I, Block 1, . Elizabeth Terrace. The area proposed to be assessed for the cost of WaEer- main Improvement No. 251 includes the South 100' of Lot 2, Block 1, Moccasin Valley; Lot 1, Block 1, Braemar's Hill-A-qay; Parcels $000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Elizabeth Terrace; the area proposed to be assessed for the cost of Sanitary,Sewer No. 289 includes the South 100' of Igt 2, Block 1, Moccasin Valley; Lot 1, Block 1, Braemar's Hill-A-Way; Parcels 6Q00 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Elizabeth Terrace; the area proposed to be assessed €or the cost' of Street Improvement BA-163 includes the North 145.9' and the South 100' of Lot 2, Block 1, Moccasin Valley; Lot I, Block 1, Braemar's Hill-A-Way, Parcels 6000 and 7515, Sec. 7., T. 116, R. 21; Lot 1, Block 1, Hill-A-Way, Parcels 6000 and7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Elizabeth T Motion for adoption of the resolut bnded by Councilman Shaw and on rollcall there were five ayes and ATTEST: Q,u b. fk- Mayor "I Village Clerk d PUBLIC HEARINGS CONDUCTED ON NUMEROUS ASSESDSENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as here- inafter recorded: A. ALLEY IMPROVQSENT A1166 '(Between Halifax Avenue and Minnehaha Blvd.) Mr. Hyde recalled that this hearing had, been cmtinued from August 18, 1969, to. ~ determine if additional work ,done for the benefit of ,one property owner had been charged aga.inst the project. . alley behind 5217 Elinnehaha Blvd. had,come to $27.00 and that he did notthink that amount divided by fourteen lots was significant. Mrs. 0. J. Trainor pro- Eested that the cost should be paid fully by the benefitted property and Council was.advised by Village Attorney Whitlock that this could be done if He noted. that the cost of-widening ,the lution Ordering Assessment later in Minutes .) B, SANITARY SEWER NO. 282 (Aspasia Circle: from Larkspur Lane to Cul-de-sac) C. WATERMAIN NO. 241 (Aspasia Circle]from Larkspur Lane to cul-de-sac) Sanitary Sewer No. 282 and TJatermain No. 241 affecting the same properties,, hearings were conducted simultaniously. ment for Sanitary Sewer 282 showing total construction cost of $5,275.62, pro- posed to be assessed against. fourteen assessable connections at $376.83 per connection. Analysis of Assessment for Watermain No, 241 was given showing total constkuction cost at $9,658.04, proposed to be assessed against fourteen assessable connections at $689.86 per connection. No objections were heard from the audience and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) D. SANITARY SEWER NO. 275 (West 54th Street from Abbott Place East to serve 3301 TJest 54th Street) total construction cost at $2,160-17, proposed to be assessed against 3301TJ. 54th Street. ation. Construction cost had been estimated at $2,595.82. No protests were heard and none had been received prior thereto. Assessment later in Minutes.) E. WATERMAIN NO. 239 (On an easement line from Aryshire Blvd. to Edina High- lands School) Mr. Hyde presented Analysis of Assessment showing total cons; truction cost of $4,638.39, proposed to be assessed entirely against Edina Highlands School in accordance with petition submitted prior to the Improve- ment Hearing. (See Resolution Ordering Assessment later in Minutes.) E. SANITARY SEWER NO. 278 (Glasgow Drive from Cecilia Circle to West line of Heath Glen Addition) Mr, Hyde presented Analysis of Assessment showing total construction cost of $17,495.04, proposed to be assessed against twelve connect- Nr,. Hyde presented Analysis of Assess- Mr. Hyde presented Analysis of Assessment showing This improvement had been constructed to relieve a critical situ- (See Resolution Ofdering . No protests were heard and none had been received prior thereto, 9/8i/69 ions at $1,457.92 as against estimated assessment of $1,678.98 per connection. No objections were heard and none had been. received prior thereto. (See Reso- lution Ordering Assessment later in Minutes.) F. JJATERMAIN NO. 236 (Glasgow Drive from Gest 78th Street to West line of Lot 1, Block 1, Heath Glen Addition) showing total construction costaof $10,853.40, proposed to be assessed at $904.45 per connection against estimated assessment of $1,238.41 per connection. No comments were heard framthe audience and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) G. Circle from W. 78th Street to cul-de-sac) Mr. Hyde presented Analysis of Assessment showing total construction cost at $20,071.12, proposed to be assessed against 1,043.74 assessable feet at $19.23 per assessable foot against estimated assessment of $17.87. An fmidentified gentleman representing Indus- - trial Gasket Company protested the proposed assessment. improvement was constructed to improve the Suburban Sun property and property owned by Nine Mile West Corporation and that Industrial Gasket received no benefit. had requested that they be eliminated from the assessment-since there is no access to their property fromiW. 78th Street. ustrial Gasket Company was proposed to be assessed only for one-third of the side yard footage and that properties to the east could be developed at a later date and that these properties woi~ld have 'acce'ss to',the improved:street. Councilman Shawls motion approving the assessment as proposed was then seconded by Councilman Courtney and capied. (See Resolution Ordering Improvement later in Minutes.) H. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER BA-129 Avenue from West 50th Street to FJest 44th Street) Mr. Hyde presented Analysis of Assessment at $25,102.79 proposed to be assessed against 4,514.89 assessable feet at $5.56 per assessable foot as against estimated assessment of $5.97 per assessable foot. Mr. John Sieff, 4623 Wooddale Avenue, protesting the condition of the sod re- placement. Mr. A. H. Horning, 4625 Wooddale Avenue, also complained about the sod. Xn.rEply to 8.quesl5Am of Councilman J&hnson, Mr. Hyde advised that the sod met specifications but that it had undoubtedly been harmed by salt which was spread on the street over the winter. In reply to a contention of Mr. Homing that the sod was not properly rolled, Mr. Hyde recommended that sod be replaced in places where residents had made an effort to take care of the sod properly. on Wooddale Avenue near the school. Mayor Bredesen advised Mr. Homing that the,traffic problem would be discussed at another time. Following consider- able discussion, Councilman Shawls motion approving the assessment with the understanding that 10% of the cost be held back from the contractor until the sod which is not now in good condition is replaced in the spring. Motion was seconded by Councilman Courtney and carried with Councilman Johnson voting "Nay". (See Resolution Ordering Bsse.ssment later in Minutes .) I. PEFWWENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-126 View Road from West 69th Street to Vest 70th Street) Analysis of Assessment showing total construction cost at $54,181.72, proposed to be assessed against 4,373.02 assessable feet at $12.39 per assessable foot as against estimated assessment of $19.30 per assessable foot. No objections were heard from the audience and none had been received prior thereto. R6solution Ordering 2k!sessmenC. later in Minutes.) View Road from Rosemary Lane to Mark Terrace Drive, South) Analysis of Assessment showing total construction cost of $45,953.28 proposed to be assessed against %;567.92 assessable~fe~t'at'$lO.O6 persfoat ;is.;igainst estimated assessment of $10.00 per assessable foot or $1,273.03 against 35 assess- * able-lots. prior thereto. I<. PERMANENT STREET SURFACING ANI) CONCRETE CURB AND GUTTER NO. BA-123 (Chero- kee'Trai1 from South line of Cherokee Hills 4th Addition to .North line of Cherokee Hills 4th,Addition) ing total construction Cost at $5,566.52, proposed to be assessed against 926.21 assessable feet at $6.01 per foot as against .estimated assessment of $10.21. Assessment later in Minutes.) L. PERMANENT STREET SURFACING AND CONCRETE CURB AND'GUTTER BA-122 (Polar Circle from County Road Vl58 to cul-de-sac) Assessment showing total Construction cost at $4,291.55, proposed to be assessed against 853.19 assessable feet at $5.03 per assessable foot. as against estimated assessment of $10.05 per assessable foot. Mr.'Hyde presented Analysis of Assessment PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER BA-132 (Cecelia He stated that the He recalled that at the improvement hearing Industrial Gasket Company Councilman Shaw noted that Ind- (Wooddale He advised Council of a letter received from Er. Horning complained about the lack of speed control (Valley Mr. Hyde presented (See J. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. ~~-125 (Valley Mr. Hyde presented No objections were heard from the audience and none had been receved (See Resolution Ordering Assessment later in Minutes.) Mr. Hyde presented Analysis of Assessment show- No comments were heard from the audience. .(See Resolution Ordering Mr. Hyde presented Analysis of No comments were heard . from the audience. (See Resolution Ordering Assessment later in binutes.) i 9/8/69 31. PERMAUENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-121 (Beard Place from Beard Avenue to West 62nd Street) Assessment showing total construction cost of $9,123.55, proposed to be assessed against 950.37 assessable feet at $9.60 per assepsable foot as against $12.42 estimated assessment per foot. Resolution Ordering Assessment late2 in Minutes .) N. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-120 Drive from Olinger Road to Sun Road; Sun Road from Olinger Blvd. to Arb6ur Lane; Olinger Blvd. from South line of Scenic View 1st Addition to Olinger Road; Olinger Circle) construction cost at.$40,402.34, proposed to be assessed at $6.22 per foot against 6,495.52 assessable feet. pointed out that the petition had been submitted on a per lot basis and recom- mended that the assessment be made at $603.02 ggainst.67 assessable lots in accordance with terms of the petition. Mr. Richard Krieter, 5808 Amy Drive, questioned the justification of the "per lot" assessment, stating that larger lots should pay a larger share of the assessment. Mr. Hyde presented Analysis of No comments were heard from'the audience. (See (Amy hr. Hyde presented Analysis of Assessment showing total Mr. Hyde noted that the Developer had He also said that he had I called theTillage Hall and had been told that the assessment wm~ABb," on a ZrQnC foot basis. are assessed on a "per lot" basis and that street improvements are assessed equally by either method. Mayor Bredesen pointed out that access is as import- ant to people on a htdith short frontage as those with a wider frontage since each family has equal use of the street. accepted the petition on a per lot basis, there was an implication that the cost would be-assessed in that manner. Mr. Frank Cardarelle, developer in the area, urged that the assessment be on'a "pdr lot" basis in accordance with the petition and with his promise to those to whom he sold his lots. Council- man Johnson noted that the minutes of February 5, 1968, indicated that at fhe Improvement Hearing the improvement was to have-bee? assessed either on a "per lot" or "per foot" and that no comments were heard at Ghat time. , No further comments being heard, Councilman Shawls motion approving assessment on-a "per Lot1' basis was seconded by Councilman VanValkenbuGg and carried. tion Ordering Improvement later in Minutes.) Road from County Road #158 to Olinger Blvd.) Assessment showing total construction cost at $24,571.55, pzoposed to be assessed- against 2,901.01 ass6ssable feet at $8.47 per assessable foot as against estimated assessment of $10.77 per assessable foot. 5801 Olinger Road and Mr. R. A. Hagen, 5721 Olinger Road, complained about the crown in the street and the grade of their driyeways. They'both complained that their cars drag on the street when they back out of their driveways. ISr. Dimn said thatw-the Village has gegraded these driveways. An unidentified gentleman in the audience was told by Mr. Hyde that the seal coating on the street would be completed. -motion continuing the hearing tb th&, .next Council Meeting at 4:OO p.m. on September 15, 1969, at the Village Hall was seconded by Councilman.Shaw and carried, so that the Engineering Department could check the grades on the driveways and'on the road. P. Drive from South line of Parkwood Knolls 15th Addition to North line of Park- wood Knolls 15th Addition; ,Telemark Trail from Parkwood Road to Malibu Drive) Mr. Hyde presexked Analysis of Assessment showing total construction cost at $19,152.14, proposed to be assessed against 2,824.80 assessable 'feet at $6.78 per-assessable foot as agaik esfimated assessment of $14.48 per foot. comments were 'heard from the audience and none had been received prior the:eto. (See Resolution Ordering Assessment later in ESinutes .) Q. Drive from Aspen Road North to Nine Mile Creek) of Assessment showing total construction cost at $9,350.74, proposed to be assessed against twelve lots at a cost of $779.13 per assessable lot, lir. Ernest "Bu3?Ehglion;q'~cjO~ ,IIalnutwDrlve?. qu@Liofied *Eh& * re460d Bf6rrrthe 'd$f'fef&nce ~~i:~osf''o~~ehe=Wainut Drive and Polar Circle improvements. ISr. Hyde explained chat there is often a substantial difference in the amount of fill and compact- - ion required €or various projects. Mr, Buffington was referred to the Special Assessment Clerk for additional information. NQ further comments were heard. Mr. Hyde replied that under Village policy,/sewer %d watermain HG noted also that if Council * (See Resolu- 0. PERMANENT STREET SURFACE AND CONCRETE CURB AND GUTTER NO. '~~-119 (Olinger Mr. Hyde presented Analysis of D Mrs. J. H. Rush, Following some discussion, Councilman Courtney's PERMANENT STREET SURFAG3 AND CONCRETE CURB ,AND- GUTTER NO. -BA-118 (Malibu No PERMANENT STREET SURFACE AND CONCRETE CURB AND GUTTER NO. BA-116 (Walnut Mr, Hyde presented Analysis I (See Resolution Ordering Assessment later in Minutes.) *. R. PERMANENT STREET SURFACIHG AND CONCRETE CURB.AND GUTTER NO. BA-115 (Clare- don Drive from Dewey Hill Road northerly to cul-de-sac; Dewey Hill Road cul-de- sac) Mr. Hyde presented Analysis of Assessment showing total construction cost at $11,799.76, proposed to be assessed either against 19 assessable lots at $621.04 per lot or against 1,823.05 assessable feet., Estimated assessment was given at $805.73 per assessable lot or $8.38.per assessable foot. noted that the developer of Holland's First Addition had requested that the improvement be assessed on a per lot basis. Mr. Hyde Mr. Robert KlBin, 1300 Claredon 9/8/69 209 and Mr. V. Boeder, 7306 Claredon Drive, urge'd that the assessment be made on a per lot basis. Mr. J. J. Nagengast, 7212 Creek Valley Road, and Mr. John Brown; 6308 Clardeon Drive, urged that the assessment be made on a front foot basis. Mrs. John Brown protested,that Mr. Kemp is gaining the most if the assessment is made on a per lot basis and urged that the assessment be based on front footage. councilman Johnson said that he believes that all who .live on a cul-de-sac receive equal benefit and that since the assessment was pro- . posed on a per lot basis, it should be assessed'in that manner. the suggestion of an unidentified gentleman that the assessment be made half on a front foot basis and half on a per lot basis, Mayor Bredesen said that this manner of assessment would create a precident in which the Village is not interested since it would only create confusion. No further4comments were heard, whereupon Councilman Johnson's motion assessing the improvement on a per lot basis was seconded by Councilman Cburtney and carried. Resolution Ordering Assessment later in Minutes.) S. PERMANENT STREET SURFACE AND CONCRETE CURB AND GUTTER NO. BA-1x1 [Gleason Road from Valley View Road to,CrosStown Highway) of Assessment showing total construction cost at $55,420.70, proposed to be assessed against 5,042.83 ,assessable feet at $10.99 per' foot as against estimated assessment of $10.00 per assessable foot.' State Ald share of the improvement was $125,053.44. No comments were heard. (See Resolution Order- ing Assessment 1ater.in Minutes.) T. Hills, Ker-Mil Heights, McCauley Heights Area) Mr. Hyde presented Analysis of Assessment showing total construction cost at $141,547.49,, proposed to be assessed against 18,624.67 assessable feet at $7.60 per foot as.against esti- mated cost of $8.83 per assessable foot. audience. U. ALLEY IMPROVEMENT NO. A-169 Avenue and between West 51st Street and Interlachen Blvd.) Mr. Hyde presented Analysis of Assessment showing total construction cost at $10,364.56, proposed to be assessed against 1,095.62 assessable feet'at $9.46 per assessable foot .as against estimated assessment of $5.94 per foot. difference between the estimated cost and the cost proposed to be assessed was due to the cost or additional retaiping walls and the fact that these retain- ing walls was higher than the estimate. said that while there was a real need for this alley by residents on Bedford Avenue, there was no benefit for Oxford Av5nue residents and that at.the Improvement Hearing it had been intimated that a difference would be made in the rate of assessments for the two sides of the alley. Mayor Bredesen agreed that this matter had been discussed and suggested continuing the hearing so that the matter could be checked out. pointed out that seven gairages in the block face the alley, five face the street and that if the cost of the assessment is to be pro-rated on this basis, the seven potential garages that could be-built should be considered. Mr. Hyde noted Improvement Hearing Minutes of April 15, 1968, which stated that Mr. Robert C. Holbert, 5013 Oxford Avenue, and Mr. John FJ. Romine, 5021 Oxford Avenue, had requested that the improvement be assessed on a per lot basis. Mr, Walquist noted also that 90% of the retainjng walls'are on the West side-of the Alley. Following some discussion, Councilman Courtney's motion continuing the hearing until October 6, 1969, was seconded by Councilman Shaw and carried. V. (Alley between Bedford Avenue and William Avenue and between $?est 51st Street and Interlachen Blvd.) 'Mr. Hyde presented Analysis of Assessment showing total construction cost at $8,297-59, pro- posed to be assessed at $7.45 per assessable foot as against estimated cost of $8.25 for 1,113.77 assessable feet. Mr. Hyde noted that this improvement includes cost of a storm sewer. No comments were heard from the'audience and none had been received prior theketo. later in Minutes.) I?. ALLEY IMPROVEMENT NO. A-167 Avenue and between West 51st Street and West 52nd Street) Mr. Hyde presented Analysis of Assessment showing total construction cost of $7.433.30 proposed to be assessed against 1,202.8 assessable feet at $6.18 per foot as against estimated assessment of $5.94 per assessable foot. William Avenue, asked why the difference between the proposed assessment and the estimated assessment when there was a firm contract bid. Mr. Hyde explained that each job was handled on its own as far as unit price was con- cerned. He added that all bids are made on the basis of; estimated quantities developed by preliminary, engineering; Mayor Bredesen noted that if this pro- ject had been included with the other alley improvements included in the same contract, it would have been somewhat higher. Mr: Donald Criswel.1, 5155 Villiam Avenue, said,that he has a corner house and does not use the alley for his garage and should not be assessed as fully as others in the block. 1n.reply to (See Mr. Hyde presented Analysis PERMANENT STREET SURFAGE AND CONCRETE CURB AND GUTTER NO. BAi109 (Iroquois No'comments were heard from the (Alley between Bedford Avenue and Oxford (See Resolution Ordering Assessment later in Minutes.) Mr. Hyde noted that the Mr. Elmer Lindborg', 5045 Oxford Avenue, Mr. Earl IJalquist, 5012 Bedford Avenue, &LEY IMPROVEMENT NO: ,A-168 (See Resolution Ordering Assessment (Alley between William Avenue and Be'dford Mr. Robert Knol'ting, 5140 Mayor 210 l 9/8/69 Bredesen noted that those with garages are not the only properties who use the alley and that garbage is usually picked up from the alley. Following some discussion, Councilman Shawls motion that the alley be assessed on a uniform per foot basis as proposed was seconded by Councilman Courtney and carried. (See Resolution Ordering Assessment later in Minutes.) X. GRADING AND GRAVELING IMPROVEbjENT NO. C-97 (Killarney Shores Addition) Mr. Hyge presented Analysis of Assessment showing total construction cost at $15,699.60, proposed to be assed against ninety assessable lots at a cost of $174.44 per lot. He noted that it is proposed to spread the assessment over three years, rather than ten, as indicated in the assessment notice. No persons were present to offer objections and none had been received prior thereto, whereupon Councilman. VanValkenburg offered the-following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL. ASSESSMENTS LEVIED ON ACCOUNT OF SANITARY SEWER IMIPROVEMENT NOS. SS-282, SS-275 SS-278, WATERMAIN IMPROVEMENT NOS .-1&-241, lW-239 , IJM-236 BA-132, BA-129, BA-126, BA-125, BA-123, BA-122,.BA-121, BA-120, .- * - .’ , . I . BA-118, BA-116, BA-115, BA-111, BA-109, ALLEY DPROVEMENTS NOS. A-166, A-168, A-167 PERMANENT STREET SURFACE AND CONCRETE CURB AND GUTTER IMPROVEMENTS GRADING AND GRAVELING IMPROVEMENT c-97 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 hearingsheld on September 8, 1969, has considered all oralsand written object- ions presented against the levy of such assessments. 2. the assessments as set forth in the assessment rolls on “file in the office of the Village Clerk for the follo6ing improvements : Wi-241, NN-239, T?k1-236, Street Improvements BA-132, BA-129, BA-126, BA-125, BA-109, A7166, A-168, A-.167 and C-97 does not exceed the local benefits con- ~ ferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are#hereby adopted and confirmed as‘the proper assessments on account of said respective improvements to be spread against the benefited lots, 3. Said assessment for Grading and Graveling Improvement C-97 is to be assessed over three years, rather than ten years, as indicated in the assess- ment notice. 4. The assessments shall be payable in equal annual installments, the first of said installments,*together.with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1970, to be payable with the general taxes for 1969, payable in 1970. stallments shall be as follows: Grading and Graveling Improvement C-97, each 3 years; Sanitary Sewer Nos. 275, BA-129, BA-126, BA-125, BA-123, BA-122, BA-121, BA-120, SA-118, BA-116, BA-115, 5. The Village has given notice of hearings as required by law on the proposed Subject to the amendment made in paragraph 3 of this resolution, each*of SS-282, SS-275 , SS-278, BA-123, BA-122; BA-121, BA-120, BA-118, BA-116, BA-ZlS, BA-111, -’ - ‘ .. >- -.’ ’- -I parcels and tracts of land described therein. - The number of such annual in- Sanitary Sewer No. 282, Watermain 241 and Q a 37 23 N . 278, IJatermain Improvement Nos. 239, 236, Street Improvement Nos. BA-132, b-sd ti . BA-111, BA-109, Alley Improvements A-168 and A-167, each ten years. . The Village Clerk shall forthwith prepare and transmit to the County Audi- tor a copy of this resolution and a certified dkplicate 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. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political-subdivision or by the owner of any right of way, as required by Ninnesota 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. Blotion for adoption of the resolution was seconded by Councilman Johnson and on rollcall. there were five ayes and no nays for all assessments except BA- 129 on which Councilman Johnson voted d Councilmen Courtney, Shaw, (See additional action later in Ninut ATTEST: i VanValkenburg and Mayor Bredesen vote was then adopted. Mayor zkLd4-L &* f&. Village Clerk R-2 ZONING REQUEST IJIThRA. FOR LOT 3, BLOCK 1, CLIFTON TERRACE. Mr. Haising- ton advised Council that the petition of ME. Gunnar Johnson for zoning change from R-1 Residential District to R-2 Nultiple Residential District for Lot 3, Block 1, Clifton Terrace had been withdrawn. NO action was takepl. HOUSING, INC. ZONING REQUEST FOR LOTS 6 AND 7, BLOCK 2, ARDEN PARK ADDITION. AND PART OF LOT 7, AUDITOR'S SUBDIVISION 161 DENIED. were presented by Clerk, approved as to form and ordered placed on file, Mr. Hoisington presented the request of Housing, Inc., for rezoning from'Residentia1 District R-1 to Residential District R-3 Multiple Residential District for Lots 6 and 7, Block 2, Arden Park Addition and Part of Lot 7, Auditor's Subdivision No. 161. He noted that this property is located on the West 44th Street at the end of Vest 45th Street. The parcel is sbbstantially wooded and desirable as a residential property. It is proposed to construct 14 town house units which are two stories in height and range from 2,000 to 3,000 square feet of floor area. Access would be from 14. 44th Street. Mr. Hoisington noted furcher that this property is presently in a state of disrepair and that if purchased and divided, nine lots could be developed. Mr. Bud Pet&rson, architect for the project, presented site and unit plans for the project as proposed. Ronald Mickelson, spokesman for residents in the area, pkesentetl' a peti'tfbn signed bp 466. propeftg. owderb-oppbsing the 'rezdning 'because ,it was felh that the rezoning:Wonld jeopardize the value of their property. also that there is already a problem with low water pressure in the area. Mr. John Burbigge, 4515 Arden Avenbe, Dr. Lawrence Larson, 4700 Townes Road, and an unidentified lady all spoke in opposition of the proposed zoning. Richard Jamieson, 4133 W. 45th Street, showed slides of the surrounding area and urged that the zoning be denied in keeping with tfie adjacent residential area. would rejuvenate the area. Discussion ensued as to the disadvantages of apartments and town houses. proposal was ably presented and that it is an excellent plan for another area in Eding, but that he does not feel that the town houses should be built in a strictly residentily district. He moved that the zoning request be denied. this would be "spot zoning" and that if the plan .comes b&k to Council that it should include a.double entry. ORDINANCE NO. 261-141 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. ton presented the petition of Mr. John Monahan for rezoning of Lots 6 and 7, Block 2, Heath Glen Addition from R-1 Residential District to R-2 Multiple Residential District. of Glasgow Drive. with all other lands surrounding the lots in question zoned R-1 and still vacant except for single family homes to the northeast. heard from the audience, whereupon Councilman 'Shaw offered Ordinance No. 261- 191 for First Reading as recommended by Planning Commission as follows: Affidavits of Notice Mr. He pointed out Mr, He suggested that the plat be divided into single family lots which Councilman Johnson said that he thinks that the , Councilman Shaw seconded the 'motion;' stating that he belierjcs that All voted aye and the motion carried. Affidavits of Notice were pre- Mr. Hoising- This property is located un 14. 78th Street just west Lands to the south are zoned'.Plamed Industrial District, No objections were ORDINANCE NO. 261-191 AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT (ZONING ORDINANCE) OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE: VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Multiple Residence District Boundaries of Section 4 (Multiple Residence District),of Ordinance No. 261 of revised ordinances of the Village of Edina is hereby amended by adding the following sub-paragraph: Paragraph 1. District R-2 : 's(51) Lots Six (6) and Seven (7), Black Two (2), Section 2. This ordinance shall be in full forcesand effect from and after its passage and publication according to law, Heath Glen Addition: EDINA BUILDING, INC. REQUEST FOR C-2 COMMERCIAL ZONING CONTINUED TO SEPZlEMBER 15. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington advised Council that it is proposed to build a Johnny Carson restaurant between Highway 200 and Arcadia Avenue just south of the Kansas City Life Building. The facility would seat 152 people and - require 51 parking spaces in addition to employee parking. from Arcadia Avenue. south, Planned Industrial District to the west and C-2 Commercial District to the Northwest. Mr. Earshall Chatfield of Kansas City, Mo., said that his ' company owns Lots 7, 8, 10 and 11 just north of the property in question. He contended that the drawing presented was not correct and that the proposed restaurant would be unsightly, particularly in view of the small size: of the lot. AMr. Gross who identified himself as a representative of a tennant of the Kansas City.Life Building, also objected to the proposal, stating that a restaurant V70Uld not.be good in an Office Building District. Mr. Harold Hudson representing Johnny Carson Restaurants, noted that a sit-down restaurant such All access will be Zoning in the area consists of 0-1 to the north and as proposed is needed in the area. Mr. 34alter McCarthey, owner of a new office 9/8/69 building at Eden Avenue and T.H. 100, said that he'had not received notice of this hearing and requested that the hearing be continued so that he could check into the matter. 1n.reply.to a question of Councilman Johnson if they did not think that the area needed a restaurant, Hr. Chatfield said that: he does not believe that the contour of the land would be good for a restaurant and Mr. Gross indicated that he feared a "take-but" type of restaurant. lowing some discussion, Councilman Johnson's motion continuing the.hearing until September 15, 1969; was seconded by Councilman Courtney and carried. LOTS 27 AND 28, BROOKSIDE TERRACE DIVISION APPROVED. Mr. Hoisington that because some question exgsted as to the exact legal description for the division of Lots 27 and 28, Brookside Terrace, which had been approved at the meeting of.August 18, Councilman VanValkenburg offered the following resolution and moved its adoption: WHEREAS, Eleanor Scheffman is the owner of certain parcels of land in the Village of Edina described as follows: All of Lots 27 and 28 in Broolcside Terrace, EXCEPT the Westerly * 191 feet thereof, ANI) EXCEPT that part thereof lying Easterly of a line drawn at right angles to and distant 40 feet East of the Vest line of Lot 2, Block 4, Arden Park Third Addition, extended Southerly ta Ninnehaha Creek, including accretions thereto; and Fol- Upon being advised by RE SOLUTION That part of Lots 27 and 28 in Brookside Terrace, and accerations thereto, and of vacated Notor Streetaslying between the extensions Southerly to Ninnehaha Creek of the East,and Nest lines of Lot 2, Block 4, Arden Park Third Addition, EXCEPT that part of the West 40 feet of the above described property lying Southerly of the North line of said Lot 27; and TkV part of Lot 27 in Brookside Terrace and accretions thereto, and of vacated Motor Street, lying Easterly of the West line of Lot 1, Block 4, Arden Park Third Addition,,extehded+Southerly to Ninnehaha Creek; and . IJ"HEREX3, said owner has requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and I4€IEREAS, 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. Subdivision 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 convey- ance, subject, however, to the provision that ko further subdivision be made of the above described tract of land unless made in compliance with the perti- nent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. I . Notion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes with C was not present at the last meeting, an ATTEST : Mayor M d( Florence B. Hallberd DUNHAM DRIVE STREET VACATION CONTINUED. legal description of the portion of Dunham Drive in South Garden Estates 4th Addition proposed to be vacated, Councilman Courtney's motion continuing the hearing to October 6, 1969, was seconded by Councilman Shaw and carried. CAROLANE ADDITION, BLIX REPLAT GRANTED PRELIMINARY APPROVAL. Notice were presented by Clerk, approved as to form and ordered placed on file. I&. Hbisington presented Carolane Addition, Blix Replat, for preliminary approval as recommended by the Planning Commission. five lot plat which ineets all ordinance and staff requirements. Mr. R. W. Van Sickle, 7017 Lee Valley Circle, and the resident at 5713 IfcGuire Road were advised that this was zoned for single family development. were heard, whereupon Councilman Shaw offered .the following resolution and moved its adoption: . Upon being advised of an error in the I Affidavits of He noted that this is a No further comments 9/8/69 RESOLUTION PPROVING PRELIMINARY PL T OF CAROLANE ADDITION, BLIX REPLAT BE IT RESOLVED by the Edina Village Council that that certain plat entitled "Carolane Addition, Blix Replat$', platted by W. .R. Blix and presented at the Meeting of the $dina Village Council of September 8, 1969, be and is hereby granted Preliminary Approval. Motion for adoption of the resolution was s and on rollcall there were five ayes and no ATTEST : tee @d /' /L-,o Village Clerk i BIdS AWARDED FOR NEU BRAEMAR ICE FACILITY. sented by Clerk, approved as to form and ordered placed on file. Mr. Hyde recalled that these bids had been continued from Meeting of August 18, 1969. He presented tabulation of bids as follows : Mechanical, $78,480.00, C. P. Division of St. Regis Paper Corporation, $99,270.00, Drake Construction Company, $101,422.00; Earthwork - Krahl Excavating Company, $3,380.00, Metro Contracting Inc,, $3,489.75, Matt Bullock Contracting Company, $3,575.00, Bolander & Sons Company, $3,640.00, W. J. Ebertz Company, $4,485.00; Electrical - Hoffmann Electric, $15,750.00, Edina ;Electric, $13,850.00, Indus- trial Electric, $14,880.00, Insulation Electric Sales, $18,985.00; Mechanical - Metropolitan Mechanical, $14,325.00; General - Crawford Merz Company, for Proposal A, $170,000; Proposal B, $53,000; Proposal C, $223,000; Proposal D, $169,700; Ernest Ganley Company bid of $229,500 for Proposal C only. recalled that Council. had authorized construction of a new ice facility at Braemar with a roof and walls%at $250,000. tion and electrical work were within the estimate but that the general contract was high, bringing the project $26,000 over the estimate. The bonds having been issued, Mr. Hyde recommended award of bids with change orders for a total of $269,737 plus approximately $6,000 for architects fees, and noted that the $26,000 could be made available as a-loan from the Liquor Fund. mittee will attempt to obtain additional advertising for the score board to add to the fund. No further comments'were heard, whereupon Councilman Van Valkenburg's motion awarding contract to recommended low bidders in all.casBs and for Proposal C for the General Contractor, Crawford Merz Company, was seconded by Councilman Courtney and carried. GARBAGE BID AWARDED FOR MORNINGSIDE AREA. Affidavits of Publica.tion were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde presented tabulation of two bids showing Edina Morningside Sanitation low bidder at $30.00 per year per residence and Lalce Harriet.& Edina Sanitary Service high bidder at $48.00 per year per residence. Councilman Shaw raised the question as to whether the Morningside area should be treated as the rest of the Village. Mr. Hyde recalled that at the time of the annexation, dt-was' requested that garbage service be continued as in the past. Courtney said that residents of northern Edina were completely satisfied wi%h their garbage collection service and that he could not.see why they should be penalized because the rest of the Village did not want the same type of service. Following some discussion, Councilman Courtney's motion awarding the contract to recommended low bidder, Edina Morningside Sanitatioq was seconded by Councilman Johnson and carried. clear that if Edina-Morningside Sanitation should stop collecting garbage in the northern area of Edina, that residents will have to obtain their own collectors just as other residents of the Village. TURF TRUCKSTER BID AWARDED. approved as to form and ordered placed on file. bid had been received for the two trucksters from Minnesota Tom at $1,475 each. Councilman Courtney's motion awarding the bid to Minnesota Tor0 as recommended was seconded by Councilman Shaw and carried. PETITIONS RECEIVED. Petitions for watermain and permanent street surfacing and concrete curb and gutte.r for Garrison Lane and for Watermain for Valley View Road between Hillside Road and Hansen Road were accgpted and referred to the Engineering Department for processing. . Affidavits of Publication were pre Refriperation - Metropolitan Mr. Hyde He added that the bids on refrigera- The Com- Councilman Mayor Bredesen said that it should be made Affidavits of Notice were presented by Clerk, Mr. Hyde advised that only one RUDY TRONES REQUEST FOR R-3 ZONING AT INTERLACHEN BLVD. AND OXFORD AVENUE DENIED. Mr. Hoisington advised Council that Mr. Rudy Trones' request for R-3 Multiple Residence District zoning for, property Blvd. and Oxford Avenue and that Planning Commission had recommended that the request be denied. on the Southeast corner of Interlachen Councilman Johnson's motion appaading the recommendation 14 \ 9/8/69 of the Planning Commission was seconded by Councilman Shaw and carried. MC PHERSON ADDITION GRANTED FINAL APPROVAL. Nr. Hoisington presented NcPher- son Additiomfor final approval, noting that Planning Commission has recommended . final approval of this three lot plat which is located east of Olinger Road and West and North of Amy Drive. ing resolution and moved its adoption: Councilman Shaw thereupon offered the follow- RESOLUTION APPROVING FINAL PLAT OF MC PWON ADDITION . BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that - I. that certain plat entitled "McPherson Addition" platted by Mathew McPherson and Bonnie McPherson, husband and wife, and presented at the meeting of the Edina Village Council of September 8, 1969, be and is hereby granted final . approval. Motion for adoption of the resolution was s on rollcall there were five ayes and no n Courtney and ANDERSON R.L.S. PRELTXINARY'APPROVAL HEARING SET FOR OCTOBER 6, 1969, by motion of Councilman,VanValkenburg, seconded by Councilman Shaw and carried. LOT 4, PROSPECT HILLS DIVISION APPROVED. of division of Lot 4, Prospect Hills, had been made at Council Meeting of August 18, 1969, but that subsequently the owners had requested a division which varied somewhat from the original division. the original resolution and adoption of the revised division, whereupon Council- man Shaw offered the following resolution and moved its adoption: Mr. Hoisington recalled that approval He recommended repeal of RESOLUTION: F?HEREAS, Audun Rudolph Fredriksen and Kathleen Patricia Fredriksen, husband and wife, are the owners of a certain parcel of land in the Village of Edina described as follows : The East 110 feet of Lot 4, Prospect Hills, as measured along the North and South lines thereof; and That part of Lot 4, Prospect Hills lying Vest of the East 110 feet thereof, as measured along the North and South lines thereof, Hennepin County, Minnesota; and WHEREAS, said owners have requestedaapproval of the Village of Edina 9f the conveyance and ownership of the above described land as a separate parcel; and TJHEREAS, 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 Subdivision 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 provisicms of Ordinance No. 261 and 263-A are hereby waived as to said division and con- veyance, 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; and BE IT FURTHER RESOLVED that the resolution approving the division of said property which was adopted.on August 18, 1969, be and is hereby rescinded. Motion for adoption of the resolution was s on rollcall there were five ayes and ATTEST: . jL A. Village Clerk LOT I, BLOCK 2, GOLF TERRACE HEIGHTS. DIVISION APPROVED. Being advised by Nr. Hoisington that a resolution is necessary to g.ive marketable title for property located at 4708 Golf Terrace, Councilman Shaw offered the following resolution and moved its adoption: * ' WHEREAS, Fred E. Myers and Barbara D.-Myers, husband and wife, are the owners of certain parcels of land in the Village of Edina described as follows: All that part of Lot I, Block 2, Golf Terrace Heights, which lies Easterly of a straight line, which is perpendicular to the North RE SOLUTION 9/8/69 2 215' I line of Section 19, Township 28 North, Range 24, Vest of the 4th Principal Meridian, and which intersects said North line at a point, 135 feet Westerly from the Northwest comer of Lot '1, Block 3, Golf Terrace Heights, together with the portion of Golf Terrace, according to said plat, which has been vacated by the Village of Edina which is appurtenant to that portion of said Lot 1, of Block 2, described above, EXCEPT, however, from the above all of that portion of said Lot 1, Block 2, described above, which lies within the following described tract: That part of Lot 1, Block 2, Golf Terrace Heights described as follows: Beginning at the Northeast corner of Lot 8, Block 2, Golf Terrace Heights; thence Westerly along the South lot line of Lot 1, Block 2, Golf Terrace Heights to the Easterly corner of Lot 9, Block 2, Golf Terrace Heights; thence Northwesterly to the Northerly corner of said Lot 9; thence Northerly on a curve along the West lot line of Lot 1, Block 2, Golf Terrace Heights to its intersection with a line running from the Norhterly corner of Lot 2, Block 2, Golf Terrace Heights to a point where an East-l?est line paraIlel to the South lot line of Lot 1, Block 2, Golf Terrace Heights, 60 feet distant and Northerly from the Northerly corner of Lot 9, Block 2, Golf Terrace Heights intersects a North-South line parallel to and 30 fee't East of the East lot line of Lot 8, Block 1, Golf Terrace Heights; thence Easterly to the Northerly corner of Lot 2, Block 2, Golf Terrace Heights; thence Southwesterly to the point of beginning; and That part of Lot 1, Block 2, lying West of a line running South at right angles from the Northerly line of Section 19, Township 28, Range 24 at a point distant 135 feet \Jest from the Northwest corner Lot 1, Block 3, Golf Terrace Heights including the adjacent part of streets vacated except for present street; and - SJHEREAS, said owners have requested approval of the Village of Edina of the UHEREAS, 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 Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NON, 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 convey- ance, 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. Motion for adoption of the resolution was rollcall there were five ayes and no nays ATTEST : - conveyance and ownership of the above described land as a separate parcel; and I - y Councilman Courtney and on - A. h,. Village Clerk Mayor /' HUMAN RIGHTS COIIMISSION APPOINTMENTS APPROVED. the resignation of Mr. Earl C. Schier from the Human Rights Commission and re- quested Council approval of the appointment gf Chairman Richard E. Byrd to fill the unexpired term of Mr. Schier and of the appointment of Mr. Hugh MacMillan to fill out the unexpired term of Mr. Byrd. approving the appointments was seconded by Councilman Courtney and carried. Mayor- Bredesen advised Council of Councilman VanValkenburg's motion NEW HEARING ORDERED FOR ASSESSMENT OF BA-120. Mr. Robert Schumacher said that he had not attended the assessment hearing of BA-120 which was held earlier in bhis meeting inasmuch as the notice mailed to him indicated that the assessment would be made on a per foot basis. He added that one of his neighbors had told him that the assessment had been ordered on a per lot basis and urged that Council reconsider the matter in view of the misrepresentation made in the Assessment Notice. Following some discussion, Councilman Johnson offered the following reso- lution setting September 29, 1969, as a Special Meeting date for consideration of the assessment of BA-120 and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT RE-HEARING PERPIANENT STREET SURFACING AM, CONCRETE CURB AND GUTTER BA-120 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvement set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the district affected by said improvement, and said 9/8/69 I proposed assessments having been filed with the Clerk, the same are hereby approved ilnd the Clerk shall keep the same on file in her-office and open to public inspection pending hearing thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hearing form hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notice of said hearing in the official newspaper in accbrdance with law is hereby approved; Notice being as follows: (Official Publication) VILLAGE OF EDItA HENNEPIN . COUNTY, MINNESOTA NOTICE-OF RE-ASSESSMENT FOR Street Improvement No. BA-120 THE EDINA VILLAGE COUNCIL will meet on Nonday, September 29, 1969, at 4:OO p.m. to hear and pass upon all objections, if any, to the following proposed assessments. These assessments are now on file in the office of the Village Clerk and open to public inspection. equal installments over a period of ten (10) years. assessment will be payable with the taxes for the year 1969, collectible in 1970, 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, 1970. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. following improvement may pay the whole of the assessment without interest to Assessments will be payable in ten First payment of each , The owner of the property assessed for the the Village Treasurer on or before November 15, accrued interest to the County Treasurer. 1. CONSTRUCTXON OF BLACKTOP, CURB & GUTTER NO. Amy Drive from Olinger Road to Sun Road Sun Road from Olinger Blvd. to Arbour Lane Olinger 'Blvd. from South line of Scenic View Olinger Circle BY ORDER OF THE VILLAGE COUNCIL. 1969, or make payment with BA- 120 First Addition to Olinger Road Florence B. Hallberg Village Clerk Notion for adoption of the resolutio on rollcall there were five'ayes and no n ATTEST : I d. Village Clerk Councilman VanValkenbu resolution ordering the assessment of Streef 1-mprovement No. BA-120 and moved its adoption: 3E IT RESOLVED by the Edina Village Council that the Resolution Ordering Assess- ment of Street Improvement BA-120 adopted earlier in these llinutes'be and is hereby rescinded. Motion for adoption of the resolution was s on rollcall there were five ayes and no n ATTEST: RESOLUTION by Councilman Courtney and lbdL4-L 8- zLL-u@A Q/* Village Clerk LIBRARY SITE ATTORNEY'S OPINION PRESENTED. the Attorney's Opinion to Council, noting that the Old Library Site would be Mr. Hoisington presented copies of -discussed at the meeting of September 15, 1969. REQUEST FOR BUS STOP AT 6224 EBANCE AVENUE CONTINUED. of the request of >Sr. John Petersen for a bus stop at 6224 France Avenue be- cause he is blind and it is difficult for him to walk to the present bus stop. The Bus Company will consider establishing the 'bus stop if it is ordered by the Village Council. Following some discussion, Councilman Shaw's motion continuing the matter to September 15 so that the Traffic Safety Committee could review the matter was seconded by Councilman Courtney and carried. Mr. Hyde advised Council THOMAS BROWN SUIT DISCUSSED. Nr. Hyde advised Council that a suit had been filed on behalf of Themas Brown who was injured by a park maintenance truck zEGarden Park. the Village Attorney. The matter has been referred to the insurance compapy and to 9/8/69 GARBAGE COIUCTION AND:STREET OILING ASSESSENT HEARING DATES SET. recommendation of Mr. Dalen’that hearing dates be set for special assessments for garbage:collection and‘street oiling, Councilman Shaw offered the follow- ing resolution and moved its adoption: Upon the RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR GARBAGE COLLECTION G-3 AND 1969 STREET OILING BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, 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 forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affeckdd by said improvements, and said proposed assessments having beer. filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed 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: (Official Publication). VILLAGE OF EDINA 4801 I$. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF ASSESSMENT HEARXNG GARBAGE AND HOUSEHOLD REFUSE COLLECTION EDINA VILLAGE COUNCIL will meet on Monday, Octdber 6, 1969, at 7:OO p.m., in the Edina Villagi Hall, 4801 West 50ch Street, and will at said time and place hold an Assessment Hearing for garbage and household refuse collection in the area formerly knovm as the “Village of Morningside’’. Proposed assessment for the calendar year 1970, collectible in that same year, is to be $30.00 per residence. Bids were taken on September 5, 1969, and awarded to low bidder on September 8, 1969. BY ORDER OF THE EDINA VILLAGE COUNCIL. Florence B. Hallberg * Village Clerk (Official Publication) , VILLAGE OF EDINA 4801 W. 50th Street EDINA, MINNESOTA 55424 NOTICE OF ASSESSMENT FOR STREET OILING 1969 THB EDINA VILLAGE COUNCIL will meet on Monday, October 6, 1969, at 7:OO p.m., to hear and pass upon all objections, if any, to the following proposed assessment. and open to public inspection. the year, collectible in 1970, with interest on the entire assessment at the rate of 5% per annum. improvement gay pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1969, or make payment with accrued interest to the County Treasurer. 1. Street Oiling - 1969 This assessment is now on file in the office of the Village Clerk Assessment will be payable with the taxes for The owner of the property assessed for the following Parnell Avenue between Vest 62nd Street and Vest 63rd Street Grove Street between Tracy Avenue and Johnson Drive IJest 58th Street between Code Avenue and Tingdale Avenue West 62nd Street between Tracy Avenue and Olinger Road The Lots or Tracts of land proposed to be assessed for the above improvement include: Parcels #5020, 5050, 5060, 5070, Sec. 32, Twp. 117, Range 21; Parcels #610, 1100, Sec. 5. Twp. 117, ‘Range 21; Lots 1 and 2‘, Block 1, Schluters. Addition; Lots 2 and 3, Blbck 1, Countryside Addition, Zuehlke Replat; Lots 1 and 2, Block 1, Countryside; Lots 7, 8, 9, 10, ‘11 and 12, Block 1 and Lots 1, 2, 3, 4, 5 and 6, Block 2, Edina Heights; Lots 1, 3, 4, 5 and 7, Block 1, Lyle Addition; Lots 11, 12, 13, 14, Greenleaf Manor; Lot 45, IJarden Acres; Vest 1/2 of Lots 1, 2, 3, 4, 5 of Block 2 and East,1/2 of Lots 2, 3, 4 and 5, Block 3, Normandale; Lot 1, Replat of Part of Lot 1, Block 3, Norman- dale BY ORDER OF THE VILLAGE COUNCIL Florence B. Hallberg Village Clerk Motion for adoption of the resolution on rollcall there were five ayes and ATTEST : ed by Councilman Courtney and W ” Mayor Village Clerk - ’ 4 9/8/69 BENTON AVENUE - T.H. 100 PLAN'REVISION DISCUSSED, Mr. Hyde recalled that the Metropolitan Council had disapproyed the.plan for the Benton Avenue - T.H. 100 full interchange which had been approved by the State Highway Department and by the Village. He showed a copy of the plan recommended by the Metropolitan Council, which would permit southbound traffic to get off T.H. 100 and iiorth- bound traffic would get on T.H. 100 at Benton Avenue. cuts in half the plan previously approved. Council, recalled that originally the previous plan had been turned down because it was thought that the weaving situation would be dangerous, particularly'in front of the High School. a compromise which does not compromise safety but would give adequate access. Mr. Curtis Austin, representing Normandale Lutheran Church, said that the newly proposed plan, putting the church iq a virtual island, would create a great problem for church members and that school bus plans will have to be completely reorganized. Mr. Hyde recalled that the school officials had originally wanted the inter- change and then changed their minds'. He noted that school officials realize they will have trouble getting into the Southwest part of the Village without the full interchange. traffic on Valley View Road is already heavy and aslced that a hearing be con- ducted on the matter. conduct a hearing on September 11 at 2:OO o'clock. An unidentified gentle- man living on Valley View Road suggested that the meeting be held at a time when interested property owners could attend and that adequate notice of the hearing be given. Mr. Hyde pointed out that the Metropolitan Council Staff thinking is that T,H. 100 is a major metropolitan freeway and will no longer . be Edina's main street and that local traffic iill have to be talcen care of by purely local streets and find round-about ways to get to local destinations. Pointing out that the matter is out of the hands of the Village Council, Councilman Johnson's motion referring the matter back to the Metropolitan Council with the hope that widening the highway will take care of traffic adequately, was seconded by Councilman Shaw and carried. CONTRACT TO BE NEGOTIATED FOR T.H. 100 - W. 77TH STREET INTERCHANGE. Mr. Dalen advised Council. that the Village will soon be negotiating a contract with the State Highway Departmentsfor the Intersection at T.H. 100 at,W. 77th Street. interchange could not be constructed later, Mr. Dalen said that there is considerable traffic at that intersection now and that the Radisson Hotel would be opening soon and would attract considerable additional traffic, .If the State Highway Department can give assurance that the contract will be . awarded in June, bonds can be sold this fall, Discussion ensued as to the method of repayment by the State Highway Department. No action was taken, This plan virtually Mr. Dennis Dunn, of the Metropolitan He suggested that this plan as proposed would be He urged that further consideration be given the plan. Mr. Jerry Williams, 5024 Valley View Road, said that Mr. Dunn advised that the Metropolitan Council will In response to a question of Councilman Johnson as to why this . BEMTON AVENUE RETAINING WALLS APPROVED. approximately $1,600 instead of the proposed .$SO0 to install an additional retaining wall on two properties. Councilman Johnson's yotion approving this expenditure which nkfl be assessed against Street Improvement BA-146 was sec- onded by Councilman Courtney and carried. Mr. Hyde pquested authority to spend ROADWAY EASENEW DEFINED OVER LOTS 19, 20, 21, BLOCK 1, EDINA INTERCHANGE CENTER THIRD ADDITION. Mr. Villiam Vail, representing Metro U. S. Construction Company, advised that a 60 foot easement had been granted the Village on February 20; 1969, but that its exact location has yet: to be determined. this easement be defined in order that the remainder of the property could be released from this encumbrance'. ing resolution and moved its adoption: He requested that Councilman Shaw thereupon offered the follow- .. RESOLUTION BE IT RESOLVED by the Edina Village Council that the roadway easement on Lots 19, 20 and21, Edina Interchange Center Third Addition be released except for the North 60 feet of Lot 19, Block 1, Motion for adoption of the resolution was sec on rollcall there were five ayes and no nays ATTEST : 43 fh, Village Clerk CASH REGISTERS BIDS TO BE TAKEN. by Councilman Shaw and carried authorizing the taking of bids for six cash registers fcr the Liquor Stores. Motion of Councilman Courtney was seconded 9/8/69 JUDY MENDENHALL CONGRATULATED ON SUCCESS IN NISS AMERICA PAGEANT. Judy Mendenhall, Miss Edina, was chosen Fourth Runner-up in the Miss America Pageant, Councilman Johnson offered the -following resolution and moved its adopt ion : Npting that RE SOLUTION WEREAS, Judy Mendenhall, Miss Edina, was chosen Miss Ninnesota by virtue of her personality, talent and beauty; and WHEREAS, Judy Mendenhall went on to place in the Semi-Finals of the Miss America Pageant and subsequently became Fourt Runner-up to Miss America; and I.JHEREAS, Judy Mendenhall represented the Village of Edina in a worthy manner which reflected her high ideals of womanhood; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council, on behalf of the citizenry as a whole, extend its heartiest congratulations to Judy Mend- enhall for her outstanding performance in the Miss Edina Contest, the Miss Minnesota Contest and the'Miss America Pageant which brought credit to the entire community. Motion-for adoption of the resolution was carried. ATTEST : d by Councilman Shaw and CLAIfIS PAID. and carried for payment of the following Claims as per Pre-List: Fund, $35,344.93; Construction Fund, $14,286.63; Park, Park Const., Swimming Pool, Arena, Golf, $18,232:62; Water, $10,830.19; Liquor, $18,340.15; Sewer, $1,683.13; Poor Fund, $222..76; Total, $98,940.41; and for confirmation of. payment of the following Claims: Motion ofq Councilman Courtney was seconded by Councilman Shaw General -- 8/18/69 8120169 8120169 8/21/69 8/21/69 8/21/69 8 / 2 116 9 8/21/69 8/21/69 8/21/69 8/21/69 ' 8/21/69 8/21/69 8/21/69 8/21/69 8/29/69 8/29/69 8/29/69 8/29/69 8/29/69 8/29/69 8/29/69 N. W. Power Company . Union oil Company of California Hennepin County Treasurer Blaclc Top Service Company Lindsay Bros. Co. Sinclair Oil Corporation University of Indiana Don Berg Construction Company Village of Edina E. G. Thernell Transport Clearings Bob Christensen (Perspectives) Don Craig Dave Bush Treasurer, City of Minneapolis Famous Brands, Inc. McKennon Liquor Company Old Peoria Company, Inc. Ed Phillips & Sons Co. Johnson Bros. Mid-Vest Wine Co. , Inc. Griggs, Coopkr & Co., Inc. $3,328.30 Various Funds 1,307.05 Construction 4.40 Construction 2,958.78 Various Funds 7.91 General 1,490.62 General 225 .OO General 1,200 .OO' Construction 3,980.96 Construction 519.04 Construction 8.40 Golf Course 250.00 Parks 20.00 Parks 20.00, Parks 2,016.25 Water 1,359.98 Liquor 2,844.31 Liquor 2,150.29 Liquor 10,837.70 Liquor 2,229.44 Liquor 308.65 Liquor 872.69 Liquor I No further business appearing, Councilman VanValkenburg's motion for adjourn- ment was seconded by Councilman Shaw. Adjournment at 11:lO p.m. f