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254 <br />. 2. PUBLIC HEARING ON PROPOSED SANTWY SEVER IN PARNEI;L AVX3fUEl FROM 11.63~~ ST: <br />t, October 1 and 8, 1959 of 'fNotice of Public Bearing", which affidavit was approved as <br />TO 355- FT. NORTH. Clerk read Affidavit of Publication in Edina-Morningside Courier <br />\to form and ordered placed on file. Pursuant to said Notice, Public Hearing was <br />conducted on the above named improvement. <br />Cost in amount of $4,971.60, proposed to be assessed against ten lots for $497.16 <br />per lot; then explained that bids taken this morning had been below estimate and that <br />net cost would be approximately $417.00 per lot. mere were no gb jections registered <br />at the Baring, and no written objections had been received prior thereto, and Dickson <br />offered the following Resolution and moved its adoption: <br />Manager Hyde read Engineer's Estimate of <br />RESOLUTION ORDERING IMPROVEMENT <br />SANITARY SEWER IMPROVEMENT ~0.~61 <br />BE IT RESOIXED By the Council of the Village of Edina, Minnesota, that this Council <br />heretofore caused notice of hearing to be duly published on the folloving proposed <br />improvement: <br />CONSTRUCTION OF SANITARY SEZ7ER AND APPURmC!ES IN PARNEU AVENUE FROM w.63~~ ST. TO 555 FT. NORTH <br />and at the hearing held at the time and place specified in said notice the Council has <br />duly considered the views of all persons interested, and being fully advised of the <br />pertinent facts does hereby determine to proceed with the construction of said improve- <br />ment; that said improvement is hereby designated and shall be referred to in all <br />subsequent proceedings as SANITARY SEKER IMPROVEMENT NO. 161, and the area to be <br />specially assessed therefor shall include all lots, blocks and tracts of land <br />abutting the portion of the street proposed to be improved. <br />. <br />Motion for adoption of Resolution was seconde <br />five ayes and no nays, as follows: Beim, <br />and Bredesen, aye; and the Resolution was <br />ATTEST : <br />\ <br />Village Clerk <br />PUBLIC IZARINGS ON PETITIONS FOR REZONING: <br />Posting and Mailing of "Notice of Public Hearings on Petitions for Rezoning", which <br />Clerk presented Affidavits of Publication, <br />A. <br />B* <br />affidavits were approved as to form and ordered placed on file. <br />Notice, Public Hearings were conducted, and action was taken as hereinafter recorded <br />on the following: <br />1. PETITION OF MISSES KATBERIXE E. PEARC!E AND MARIE ELIZABETH PEARCE FOR: <br />Pursuant to said <br />Rezoning from OpenDevelopment District to either COMMUKL'TY STORE DISTRICT, <br />REGIONAL SHOPPING DISTRICT, OR COMMERCLAL DISTRICT of the following described <br />property: <br />size south of York Avenue South and forming part of the following described <br />property: 'Lot 5, Cassin's Outlots, except that part described as Commencing <br />at the center of Section 29, Township 28, Range 24; thence North 1979.13 feet <br />to the North line of the South 3/4 of the NW1/4; thence West 221.1 feet; <br />thence South to a point Ug.1 feet West of the point of beginning; thence East <br />along the South line of the IW1/4 to the point of beginning' .'r <br />"That triangular tract of approximately One-half (1/2) acre in <br />and <br />Rezoning from Ultiple Residence District to either COMMUNITY STORE DISTRICT, <br />REGIONAL SHOPPING DISTRICT, OR COMMERCIAL DISTRICT of the'following described <br />property: <br />described as follows: <br />Range 24; thence North 1979.13 feet to the North line of the South 3/4 of the NW1/4; thence Vest 221.1 feet; thence South to a point Ug.1 feet West of the <br />point of beginning; thence East along the South line of the N?1/4 to the point <br />of beginning. '' <br />"The South 600 Feet of Lot 5, Cassin's Outlots, except that part <br />Commencing at the center of Section 29, Township 28, <br />2. PETITION OF SOUTEIDKCJZ REALTY COMPANY FOR: <br />A. Rezoning fromHultiple Residence District to REGIONAL SHOPPING DISTRICT of <br />and <br />Rezoning from Regional Medical District to REGIONAL SHOPPING DISTRICT of the <br />Attorney Josiah Brill, representing the Misses Pearce, pointed out that pmperty to the <br />South and East of the Pearce tracts is being used for commercial purposes, stating he <br />and his clients believe it is very unreasonable and confiscatory to the value of the <br />Pearce properties to prevent them from the same useage. He told Council and audience <br />that the Pearce property extends to the North for some considerable way beyond the <br />portion they wish rezoned; that k they are willing to dedicate a *'break" to be used <br />for no purpose at all, so that ithen this North tract is built up there will be no <br />devaluation of it. <br />Pearce tract will be large. <br />placed on the land useage of the Pearce land are invalid and unreasonable; that he <br />feels the Courts will- agree with his opinion. <br />the South 600 Feet of Lot 4, Cassin's Outlots <br />B. <br />South 600 Feet of Lots 1 and 3, Cassin's Outlots <br />Mr. Brill stated that the tax benefits from rezoning of the <br />He stated that in his opinion the restrictions now