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1 1 O/13/58
MINUTES OF THE REGULAR MEETING OF THE EDINA
VILLAGE COUNCIL, HELD WONDAY, OCTOBER 13, 1958,
AT 7:OO P.M.3 AT THE EDINA VILLAGE HALL.
Members answering Rollcall were Dickson, Kohler and Tupa. in the absence of Mayor Bredesen and Mayor Pro Tem Bank. Trustee Tupa presided
MINUTES of the Meetings of September 22 and 29, 1958, were approved as submitted,
'by motion Dickson, seconded by Kohler and carried.
PUBLIC HEARING ON PROPOSED ZONING ORDINANCE AMENDMENT ESTABLISHING STDE-YARD -
SETBACKS.
Regular Village Council Meeting of September 22, 1958, was read and disnassed.
Purpose of this amendment is to establish more stringent side-yard setback
restrictions.
were neither objections nor recomendations.
Ordinance be herewith adopted, on its second reading, was seconded by Dickson:
Proposed Ordinance No. 261-36, which had its first feading at the
Acting Mayor Tupa asked for opinions from the floor, but there
Kohler's motion that the following
ORDINANCE NO. 261-36
AN ORDINANCE PROVIDING FOR YARD AND SET-BACK AND
OTHER REQUIREMENTS, AND AMENDING PARAGRAPHS 9 AND
10 OF SECTION 3 OF THE ZONING ORDINANCE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS:
Section 1.
Ordinmhe Village of Edina, as heretofore amended, is hereby further amended
to read as follows:
be a front yard, a rear yard and two side yards provided for all main buildings,
and further requirements are hereby established as follows:
provided herein:
granted under subparagraph (h).
intersections, no building shall herafter be erected tm extended so as to project
beyond a line drawn between the forward-most portion of the first adjacent building
on each side.
In the case of a building to be erected or extended on a corner lot, the
minimum front yard depth shall be increased by an amount not less than one-half the
depth of the front yard of the first adjacent building in excess of 30 feet.
Subparagraphs (2) and (3) above shall not be applied so as to require a front
yard in excess of one third of the average depth of the lot.
On France Avenue from West 69th Street south to the South village limits, no
building shall hereafter be erected or be extended to a point nearer than seventy-
five feet to the center line of France Avenue.
Paragraph 9 of Section 3 of Ordinance'No. 261 (the Zoning
"9. Yard and Set-Back Requirements: Area Occupied by Buildinq. There shall
(a) Front yard. There shall be a front yard having a depth as further
(1) The minimum depth shall be 30 feet, except when a variance shall have been
(2) Whenever buildings have been built on one side of the street between two
(3)
(4)
(5)
(b) Side yard, Ineerior.
(1) Whenever the average height of a building at the side building line is 15
feet-or under, the side yard shall have a minimum depth of 10 feet, but on the
side of the building used for a garage (if any), the side yard may be five feet
provided that no eave projects within 48 inches of the property line.
of platted lots, or lots of record in one ownership at the time the zoning and
platting ordinances were adopted where the owner owned the adjoining land, whose
width at the building line is less than 75 feet, the side yard not adjacent to a
garage may be reduced to 10 per cent of the width of the lot at the building line,
but in no case to less than 5 feet.
Whenever the average height of a building at the side building line exceeds
15 feet, the side yard shall have a minimum depth as above provided, plus 6 inches
for every foot or fraction thereof that the average height at the side building
line exceeds 15 feet.
In the case
(2)
(c) Side yard, Abuttinq on a Street.
(1) The side yard abutting on a street where there is an adjoining interior
lot fronting on the same street shall be determined as for front yards, provided
the buildable width of the lot shall not be required in excess of one third%of the
width of the lot at the rear building line.
rear yard of the next adjacent lot shall be 15 feet, but in the case of lots as
described in subparagraph (b) (1) of this paragraph, whose width at the building .
line is less than 75 feet, the side yard abutting a street may be reduced to no
less than 20 per cent of the width of the lot at the' front building line but in no
case to less than 10 feet.
(d) of the average lot depth, whichever is greater.
(e) Accessory Buildins Set-backs. Detached garages and other accessory
buildings not used for dwelling purposes shall be located within the rear yard of a
lot and shall be located at least 5 feet from a rear or side lot line.
(2) The minimum depth of a side yard abutting on a street and abutting the
Rear Yard. The minimum rear yard depth shall be 25 feet or 20 per cent
l$/13/58 (f) Driveway.
shall have a driveway measuring at least 20 feet from lot line to the front of
the garage.
(9) Lot Coveraqe.
with other buildings on any lot may occupy more than 30 per cent of the area of an
interior lot or more than 35 per cent of the area of any corner lot,
(h) Variances. The Planning Commission, subject to final determination by
the Council as herein provided, may recommend the granting of variances from
the requirements of this paragraph where there is a showing of unusual or unnec-
essary hardship because of the unusual placement of the older buildings, the
curved line of the street, the contour of the land, the irregular shape of the
lot, or the unusually small size of the lot. Notice of application for such
variance shall be sent to all owners of record of property on the same side of
the street between the intersections on each side as the property for which the
variance is requested.
such application for a variance, and at such hearing the planning commission
shall consider the objections, if any, raised by owners of other property located
within the Village. The recommendation of the planning commission shall be re-
ported to the Council at the next regular meeting thereof to be held not less
than five days from the date of hearing before the planning commission, and the
planning commission shall file a written report with the Council prior to such
meeting. At such meeting of the Council, without further notice, the applica-
tion and objections thereto shall be heard or the Council shall publicly fix a
date, time and place for hearing. At or following such hearing, the Council
shall determine whether the application shall be denied or granted in rhole or
in part.
Every garage or building used for storage of motor vehicles
No ,building hereafter erected by itself or together
2
The notice shall specify a time and place for hearing on
Section 2.
"10.
Paragraph 10 of Section 3 of Ordinance No. 261, as heretofore
amended, is hereby further amended to read as follows:
No lot shall be platted or subdivided
hereafter so as to create any corner lots having a width less than five feet in
excess of the minimum width of other lots in the same block which are not corner
lots . n
Platted Width of Corner Lots.
Section 3. This ordinance shall be in effect from and after is passage
and publication according to law.
Rollcall on motion for adoption of Ordinance No. 261-36 was as follows: Dickson, 1
aye; Kohler, aye; and Tupa, aye; and the Ordinance- adopted.
A * g Mayor
ST :
PUBLIC HEARING ON PROPOSED VACATION OF THAT FORTION OF GaoVE STREET LYING BmVEEN
LOTS 19 AND 46, WARDEN ACRES.
Edina-Morningside Courier on September 18 and 25, 1958; of Posting; and of Mailing;
Clerk presented Affidavits of Publication in
all of "Notice of Public Hearing".
file.
of that portion of %rove Street" lying between Lots 19 and 46, Warden Acres
(Lyle Addition and proposed Lyle Second Addition). There were no objections
to the proposed Vacation from the floor, and no written objections had been
received at the Hearing. Engineer Zikan reported that it will be nedessary to
reserve a utilities easement in the North part of the street because the trunk
sewer goes through it.
for deed to him from the Village for 'loutlot 2, Lyle Addition" (which is a five-
foot strip immediate1 N Grove Street from Johnson Drive to Tracy Avenue,
originally dedicated A @&%o age for street purposes but never used.) He
recommended return of Outlot 2 to Ilk.
Resolution and moved its adoption:
Form of Notice approved and ordered placed on
Planning Director Swanson reported Mr, Lyle H, Otto's request for Vacation
At this time, Mr, Stvanson also reported Mr.6tGc's request
Dickson offered the following
RESOLUTION VACATING STREET
GROVE STREET. BETWEEN JOHNSON DRIVE
AND TRACY AVENUE
WHEREAS, a majority of the owners of the land abutting the street hereinafter
set forth have petitioned for the Vacation of said street; and
WHEREAS, two weeks' published notice and posted notice of a hearing to be had
on-said petition on October 13, 1958, at 7:OO porn., has been given and made, and a
hearing has been had thereon by the Village Council:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina,
Rennepin County, Minnesota, that GROVE STREET, lying between the North Lot Line of
Lot 19, rsJarden Acres, and the south Lot Line of Lot 46, Warden Acres (now known
as 'Lyle Addition'); said Grove Street lying between Johnson Drive and Tracy
Avenue, as platted and of record in the office of the Register of Deeds of
Hennepin County, Minnesota, be, and is hereby vacated; provided that said
Village excepts from this Vacation proceedings and reserves unto itself and its
assigns an easement for all public utility purposes, including, without limiting
the general nature of said reservation, an easement for electric, gas, server,
vfater, and telephone equipment on, over and under the North fifteen feet in
width of the street hereby vacated.
.
DEED FROM VILLAGE TO LYLE H. OTTO AUTHORIZED - OUTLOT 2, LYLE ADDITION. Dickson's
motion, for authority to return Outlot 2, Lyle Addition to Lyle H, Otto by Deed,
but reserving utilities easement on, over and under said Outlot 2, was seconded by
(Dickson's motion for adoption of Resolution Vacating Street was seconded by Kohler,
and on Rollcall there were three ayes and no nays, as follows: Dickson, aye; Kohler,
aye; and mpa, aye; and the Resolution w
(Kohler and carried. c
(
Village Clerk
REQUEST FOR JACKSON AVENUE DRIVEWAY REPAIR AT VILLAGE EXPENSE DENIED,
Gordon and John H. Olson, 407 and 409 Jackson Avenue, asked for Council's decision
concerning their requests of September 8 and 22, for repair at Village expense of their
driveways,. allegedly damaged when Jackson Avenue was graded prior to Blacktopping
Improvement No, A-115,
Mr. Olson told Council that owners have received an estimate from a private contractor,
of $20 to $25 per driveway, and Mr, .Zikan reported that this undoubtedly does not
include a sand cushion.
to the effect that they should have been notified before the street was cut,
discussion was had as to policy, with Manager recommending against repair at Village
expense, inasmuch as this has not been the policy heretofore and will set a precedent.
Dickson moved that the request for driveway repair at Village expense be denied.
Motion seconded by Kohler and carried.
Messrs. Robert
Engineer zikan reported that it will cost approximately $300. . to repair these five driveways, including tapering back, sand cusliton, and blacktop.
Messrs, Gordon and Olson resiterated their previous statements
Some
BUZDING HOLDS IN NORMANDALE SECOND ADDITION CANCELLED SUBJECT TO SUBMISSION OF STORM
SEWER EASEMENTS, Mr, Robert E. Hawkinson was present to support a petition signed six
property owners, asking thet the "administrative building hold" on several lots in the
6300 Block on Mildred, Rolf and Tingdale Avenues be cancelled, Manager Hyde explained
that the lots in question have served for years as a storm sewer "ponding area"; that,
when lots are built and filled, there will be nowhere for this water to drain; that
the general area is part of the area to be drained by the proposed "Adolph Meyer" storm
sewer project, and that this particular line is one which was originally designed to
drain to the East but has been under consideration for drainage to the South and West.
He recommended that something be done to allow builders to use the land, explaining
that they had been most cooperative in Eefraining from building, pending storm sewer
action,
construction of storm sewer through the lots would not be expensive, now; but that
if lots are filled, we will probably have the same condition as that prevailing on
Southdale Road, where pumping of the street is necessary; and that this pumping will
continue to be necessary until a storm sewer is constructed. He also reported that
storm sewer water will tend to drain into the sanitary sewer, which-is a bad condition.
Concensus of Council opinion was that easements be required for storm sewer through
the lots .in question; and Dickson moved that Council authorize issuance of 'building
permits, subject to submission of easements for storm sewer in the locations specified
by the Village Engineer.
the Council that, technically, these builders can insist on permits.
by Kohler and carried,
Engineer Zikan explained that these lots are lower than the street; that
Further discussion had, with Attorney Hasselquist informing
Motion seconded
ltERICKSONt S NORMANDALE ADDITION" RE-APPROVED BY RESOLUTION.
representing the owner of this plat, reported that mortgage cannot be had on the
property because of the technicality in the Zoning Ordinance, which requires 75-foot
frontage, Planning Director Swanson explained that this is a re-plat of several
Normandale 2nd Addition lots of 50 foot frontage, into larger lots ranging from 58 to
65-foot frontages; that the plat was approved by the Planning Commission, and by $beuirement
Council in January of this year; that he feels that the 75-fOOt zoning ordinancejis
not in effect for re-plats from smaller lots,
Council adopt a Resolution approving the plat, in order that financing might be secured
for this property.
small to larger-but-not-meeting-zoning-requirements-lots) have been approved , and
recommended that Council adopt a "blanket resolution" approving them, in order that
this matter need not continue to come before the council.
Trustee Kohler suggesting that, in the future, developers be pursuaded .to re-plat
into lots of the size required by the zoning ordinance wherever possible.
agreed that they would consider the matter of approving old re-plats individually, as
problems came before them, rather than adopt a blanket resolution. Kohler then moved
for adoption of the following Resolution:
Attorney Kodadek,
The attorney asked, however, that the
Mr. Swanson told the Council that several of these replats (from
Some discussion had, with
Council
RESOLUTION APPROVING PLAT OF
ERICKSON'S NORMANDALE ADDITION
RESOLVED by the Village Council of the Village of Edina that the plat of Erickson's
Normandale Addition as filed in the office of the Register of Deeds of Hennepin County,
Minnesota, in Book 145 of Plats, page 2, and also.in the office of the Register of Titles
of Hennepin County, Minnesota, in Book 36 of Plats, page 8, is hereby approved and
accepted as being in accord and conformity with the regulations of the Village of Edina
zoning ordinance and all ordinances of said Village and, to the extent not in accord,
10/13/58 I
waives such compliance upon a finding that compliance will involve an unnecessary
hardship, and that failure to comply does not interfere with the purpose of
platting regulations contained in said ordinances.
Motion for adoption of Ordinance was seconded by Dickson, and on Rollcall there
were three ayes and no nays, as follows: Dickson, aye; Kohler, aye; and Tupa, aye;
and the Resolution was adopted.
4
llLORRAINE COURT" ' FINAL,
Council's approval of his r final- ,* plat, being the West 123 feet of Tract D,
VJhite Investment company's Hidden Valley.
had approved plat on October I, subject to submission of a 20-foot easement along
Minnehaha Creek, and bond to cover cost of improving "Beard Court" turnaround. At
Rr. Kohler's question, as to why this tract was platted in this particular manner,
rath-er than into three lots facing Beard Avenue, Mr. Simpson replied that the
rectangular platting would necessitate extending Beard Avenue, and would make one
very expensive lot, with 138 feet on the creek.
whether objectors had been placated. Mr. Simpson told the council that the
principal objector is to the North; that he is still not satisfied; but that,
because of the distance of this objector's home from the property to be platted,
Mr. simpson feels he has no valid objection.
Blacktopping of "Beard Court", Mr. Simpson replied, "I presume I
motion, that t . Fi&l j* Plat be approved in accordance with Planning Commission's
October 1st recommendation, was seconded by Dickson and carried.
asked-that developer furnish him with street elevations.
HEARING SCHEDULED ON REQUEST FOR PERMIT TO BUILD DOUBLE BUNGATiOWS ON LOTS 7, 8, 9,
10, 11, BLOCK 2, PEACEDALE ACRES.
October 1st rec~mmendation for approval of double bungalows on these lots, facing
Valley View Road extended, with single-family residences facing Peacedale Avenue.
Dickson's motion, scheduling Public Hearing on Double Bungalows for Monday,
October 27, was seconded by Kohler and carried.
I PLAT APPROVED. hfr. Ben Simpson was present to request
It was observed that Planning Commislion I
*
E&. Kohler also inquired as to
Asked if he would pay for the
Kohler's
Engineer Zikan
Review was made of the Planning Commission's
RAILROAD AND WAREHOUSE COMMISSION'S NOTICE OF DENIAL OF TWIN CITY RAPID TRANSIT
GORIPANY'S RATE INCREASE REQUEST was received, reviewed and ordered on file.
LEAGUE OF I1UNNESOTA lVIUNICIPALITIES REGIONAL MEEKING ON OCTOBER 14, AT RICHFIELD
was reported, with Manager requesting Council's presence.
COUNCIL END3RSETENT OF ''AMENDMENT NO. 1" DISCUSSED.
request of the League of Minnesota Municipalities for Council endorsement of
Amendment No. 1-which will simplify legislative procedure on municipal problems
and will safeguard against special legislation for certain type municipalities=
Di!mkion.had, but matter laid over to next meeting.
PETITIONS FOR IMPROVEMENTS ACCEPTED:
submitted, and were accepted by motion Kohler, seconded by Dickson and carried:
Manager Hyde reported the
.I- The following Improvement Petitions were
1. BLACKTOPPING - Oaklawn Ave., Dunberry Lane to Point Drive.
2, BLACKTOPPING - Code Ave., W.57th St. to Melody Lake Drive.
3. BLACKTOPPING - Bernard Place, W.57th St. to Grove Si+; Grove st., fro&.
EernArd Place to 134 ~t. East and 134 Ft. West of Bernard Place.
4. CURB AND GUTTER - Bernard Place, W.57th st. to Grove St.; North side
of Grove St. from Bernard Place to 134 Ft. East and 134 Ft. lest of Bernard
Place.
5.
6. OILING - Warren Ave., W,63rd St. to W.64th St.
OILING - W.59th st., Wooddale to Fairfax - for this year's work.
ACQUISITION OF EASEMENTS IN STATE-OWNED, TAX FORFEITED LANDS AUTHORIZED. Engineer
Zikan reported the need for Storm Sewer Easements through Lots 12 and 13, Block 4,
Brookline First Addition, now State-owned, Tax-forfeited properties. Dickson's
motion, authorizing Village officials to secure such easements, was seconded by
Kohler'and carried. I .
HENNEPIN COUNTY PARK CONIE?IISSION MEETING REWRT.
hieflv on the meetinq held October 2, at'which Preliminary Plans for the over-
Messrs. Zikan and Tupa reported
all pack system were presented and discussion had.
that no money has been appropriated for land acquisition--that the plan is
entirely tentative.
the property proposed to be purchased.
Mr. Zikan told the Council
Mr. ppa suggested that members of the Council look over
'I
101*753
ASSESSMENT LEVIED AGAINST TAX FORFEITED LANDS :
Lvied for the Paving, Curb and Gutter in France Avenue, and also for Watermain in -
France Avenue include several lots now owned by the State, on Tax Forfeiture; that
Assessments cannot be certified in usual manner to the County Auditor, but must go to
the Land Commissioner. Adoption of a Resolution was advocated, covering this pro-
cedure, and Dickson offered the following Resolution and moved its adoption:
DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS
OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE
TIME OF DETERMINATION By THE VILLAGE COUNCIL OF THE FOLLOWING SCHEDULES: AND
DIRECTING THE VILLAGE CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF
EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL
AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL, IF IT HAD BEEN SUBJECT
TO ASSESSMENT: AND DIRECTING SAID VILLAGE CLERK TO CERTIFY'THAT SAME TO THE COUNTY
BE IT RESOLVED by the village Council of the Village of Edina, Minnesota:
of Edina of the total amounts of money to be assessed in the proceedings of the
improvements listed below, certain parcels of land had been forfeited to the State
and were therefore not subject to assessment:
Council does hereby determine that each of the parcels of land hereinafter
described would have been assessed the amounts set opposite each such described
parcel, if such parcel had not been tax-forfeited lands and therefore not subject
to assessment, and the Village Council does hereby determine that each of said
parcels ha6 been benefited in an amount equal to and in excess of the amount
set opposite each of said parcels:
BROOKLINE FIRST ADDITION (PLAT N0.74171) STREET IMPROVE. ~M"lB?MflN
Clerk reported that Special Assessments
RESOLUTION
AUDITOR SUBJECT AND PURSUANT TO PROVISIONS OF CHAPTER 394, LAWS OF MINNESOTA
WHEREAS, at the time of the determination by the Village Council of the Village
NOW, THEREFORE, Pursuant to Chapter 394, Laws of Minnesota 1941, the Village
Parcel NO e E- 1 (FRANCE IMPROVEMENT
Lot - Block - NO,
5500 10 4
AVE. PAVING) NO. 120 TOTAL
$329 28 $22.00 $401 28
5600 11 4 329 28 72.00 401 . 28
5700 12 4 329 28 72.00 401.28
5800 13 4 329 28 72.00 401 28
The Village Clerk is hereby directed to make an abstract showing the description
of each parcel of land forfeited to the state for non-payment of taxes at the time of
the determination by the Village Council-of the amounts to be assessed in these
proceedings, and showing, in accordance with this resolution, the total amount that
would have been assessed against each such parcel 6ffland if it had been subject to
assessment.
Auditor of Hennepin County for presentation to the Board of County Commissioners
of Hennepin CounCy.
Motion for adoption of the Resolution was seconded by Kohler, and on Rollcall there
were three ayes and no nays, as follows: Dickson, aye; Kohler, aye; arjd Tupa, aye;
The said Village Clerk shall certify such abstract to the County
IMPROVEMENT FUND AD VALOREM TAX LEVIES CANCELLED.
Dalen's recommendation that Council cancel some $30,800 of Ad Valorem Tax Levies,
levied at the time various Improvement Fund Bond Issues were sold, and collectible
with 1958 General Taxes; levies to be cancelled for the reason that these funds
have sufficient moneys with which to meet current bond and interest payments.
Dickson offered the following Resolution and moved its adoption:
Clerk presented Finance Director *
RESOLUTION CANCELLING IMPROVEMENT FUNDS .
AD VALOREM TAXES COLLECTIBLE WITH 1958
GENERAL PROPERTY TAXES
WHEREAS. the Villaqe Council of the Village of Edina has, by Resolution adopted
March 13, 1950, lehed a special ad valorem tax for the payment of principal and
interest of its 1950 Third Series Improvement Fund Bond Issue; said ad valorem
tax in the amount of $800 being collectible with and as a part of other general
taxes for the year 1958; and
WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted
August 31, 1951, levied a special ad valorem tax for the payment of principal and
interest of its 1951 First Series Improvement Fund Bond Issue; said ad valorem
tax in the amount of $500 being collectible with and as a part of other general
taxes for the year 1958; and
WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted
March 2, 1953, levied a special ad valorem tax for the payment of principal and
interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in
the amount of $24,000 being collectible with and a5 a part of other general
taxes for the year 1958; and
wmm* WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted
October 26, 1953, levied a special ad valorem tax for the payment of principal
and interest of its Southdale Improvement Fund, said ad valorem tax in the
amount of $5,500 being collectible with and as a part of other general taxes
€or the year 1958; and
WHEREAS, Minnesota Statutes, Section 475.26, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for
said bond issues; and it has been determined by this Council that the required
moneys are on hand for the payment of said principal and interest:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina
that those ad valorem tax levies made by Resolutions of this Council adopted
March 13, 1950, August 31, 1951, March 2, 1953 and October 223, 1953, and
collectible with and as a part of other general property taxes in said Village
for the year 1958, be and hereby are cancelled.
BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota,
be authorized and directed to cancel the above described ad valorem tax levies
and to delete said levy from taxes to be spread for the year 1958.
Motion for adoption of the Resolution was seconded by Kohler, and on Rollcall there were three ayes and no nays, as follows: Dickson, aye; Kohler, aye;-and
Village Clerk W
PU&ICm RECEIVED BY THE VILLAGE DISCUSSED.
of publicity recently received by Edina: 1.
article featuring Edina stores, 2. "Waterworks Safety Award". 3. Traffic
Quarterly"--Police Chief Wayne Bennett's article on Radar Study; which article,
Mr. Hyde stated, is receiving national publicity and has been the subject of
most favorable comment from the AAA, both locally and nationally, 4. "Minne-
apolis Tribune"--This Week Magazine, showing burning of Delaney house. 5.
"Minneapolis Star"--CedrickAdams' column of this evening.
Manager Hyde reported several items
"EJfunicipal Liquor Store Magazines-
"ONE-SIDE PARKINGrlFOR COUNTRY CLUB RECOMMENDED. Police Chief Bennett's recommend-
ation was briefly reviewed, but, inasmuch as there were two members of the Council
absent, matter was laid over to next regular meeting,
AL PAYTON'S SUBDIVISION TABLED.
feet of Parcel 5000 in Section 30, otherwise known as Payton Court, was presented
This plat, being subdivision of the East 200
with the Planning Commission's recommendation for Preliminary Approval; but also
with the complaint received by the Commission concerning A1 Payton's building
operations on Brittany Road-- complaint being specifically that all his houses
have the same exterior appearance,
Council on the building operations matter, and Kohler moved that Preliminary
Plat be tabled.
Considerable discussion was had by the
Motion seconded by Dickson and carrited,
FINAL .z PLAT OF FLO'S ADDITION APPROVED, Planning Director Swanson presented
F4nSl-'. ---y Plat (Subdivision of Lots 3 and 4, Block 1, Peacedale Acres), It was
noted that Halifax Avenue had not been opened; and some discussion was had as to
how special assessments will be financed along the street when it is opened,
Trustee Kohler asked that some arrangement be made so that purchasers of the
Halifax Avenue lots will know that they will be specially assessed for these
improvements; and it was noted that Planning Commission had asked for an agreement
from the developer that building permits will not be sought until street is a
full-width street.
place these matters on record for the information of the purchaser, and, after
due consideration, stated he feels deed restrictions will be the best way of
accomplishing this result.
Addition be approved, subject to submissionsof deed restrictions requiring 7yfOot
side yards; and placing purchasers on notice that the properties will bear special
assessments for street improvements, and that building permits will not be issued
for the Halifax Avenue portion of the plat until Halifax Avenue is a full-width
street, Motion seconded by Dickson and carried, (Notes Amended 10/27/58)
Attorney Hasselquist was queried about the best way to
Kohler then moved that 1 Piriar ; Plat of FloTsl
"GILWOOD REPLAT" F-FINL. . ..* PLAT APPROVED.
this Final Plat , beinq a combination of Outlot 1, and original Lot 1, Rolling
Planning Director Swanson presented
.Green Associatibn; t,he-Rolling Green Association's letter of assent to the plat,
and the.Planning Commission's recommendation €or approval,
for approval of Final : -..;' Plat was seconded by Dickson and carried.
LYLE SECOND ADDITION FEE3!JAT.A....J PLAT TABLED FOR STUDY.
a replat of Lots 14, 15, 18 and 19, Warden Acres, was presented by Planning
Director Swanson, carrying the Planning Commission's qualified recommendation for
approval.
Kohler's motion
This Einal Plat-., being
Trustee Kohler expressed himself as concerned about the traffic pattern,
. lO/lS/S% 7, inasmuch as the one short street within the plat is planned to enter the corner qf
Johnson Drive-Benton Avenue at an angle. Manager Hyde suggested that an overlay-fbg. made, to see whether this short street could equally well be located elsewhere; and
Kohler moved that consideration of final jA&* p3a-t be tabled pending an investigation
to see whether the cul-de-sac cannot be moved to the North, to enter Johnson Drive
at right angles.
<
Motion seconded by Dickson and carried.
LAMPE'S ADDITION-:--- FINAL.' PLAT APPROVED. Planning Director Swanson presented
thisfinal'plat-y, with the Planning Commission's October 1st recommendation for
approval.
with this area, Mr. Swanson replied that platting John Street as a cul-de-sac,
sloping North to Maloney Avenue, relieves the Village of the very bad storm sewer
difficulty which would have arisen had the street extended from Maloney to Waterman.
Manager Hyde reminded the Council that this entire area is actually in need of storm sewer. Kohler's motion for approval was seconded by Dickson and carried.
MATHIEU 4-PLEX, 52ND AND HANKERSON--CHANGE IN BUILDING SITE APPROVED. Planning
Director Swanson told the Council that, to meet the prime consideration of the
neighbors--that the garages empty onto 'W.52nd Street, rather than the alley--it is
necessary that the site of the proposed 4-plex be changed from a location 50 feet
from the North line of the tract to one setting the building line at 16 feet from
the said North line.
approval, and Dickson moved,that Council concur in the recommendations of the
Commission.
Queried about the storm sewer problems heretofore discussed in connection
He reported the Planning Commission's recommendation for
Motion seconded by Kohler and carried.
HEARING SCHEDULED FOR NOVEMBER lQTH ON PROPOSED "OFF ICE BUILDING DISTRICT" SECTION
OF ZONING ORDINANCE. Planning Director Swanson recommended Council consideration,
in public hearing, of an amendment to the Village Zoning Ordinance, establishing
an office building district and standards therefor. He reported that there is now
some demand for such zoning, and he feels that the demand will increase. Kohler's
motion, that Public Hearing on Office milding District be scheduled for November
10, was seconded by Dickson and carried.
CONDEMNATION AUTHORIZED FOR RICHWOOD DRIVE SANITARY SEWER EASEMENTS. Manager Hyde
reported that efforts to negotiate acquisition of easements for Sanitary Sewer to
serve Richwood Drive have failed; that one of the property owners failed to appear
at a meeting for this purpose this afternoon; that the area wants its sewer now.
He recommended that Village initiate condemnation proceedings €or the easements;
and Kohler offered the following Resolution and moved its adoption:
RESOLUTION
WHEREAS, it is necessary, advisable and in the public interest that the
Village of Edina increase its sanitary sewer system; and
Village of Edina to acquire certain perpetual easements for sanitary sewer purposes,
to-wit :
WHEREAS, In order to accomplish such purpose, it is necessary for the
and
have
PARCEL ONE - A perpetual easement for the construction and
subsequent maintenance and replacement of a sanitary sewer in, under,
over and upon the Easterly seven and one-half (Ely 7&) feet of Lot
Four fa), Block Two (2), Richmond Hills Second Addition, according
to the recorded plat thereof; and
PARCEL TWO -- A perpetual easement for the construction and
subsequent maintenance and replacement of a sanitary sewer in, under,
over and upon the Westerly seven and one-half (Wl$ 7*) feet of Lot
Four (4), Block Two (2), Richmond Hills Second Addition, according to
the recorded plat thereof.
WHEREAS, The efforts of the Village of Edina to obtain such easements
WHEREAS, Bv reason of the failure of the Village to obtain such easements,
been unsuccessful; and
-- it has become necessary to procure the same by right of eminent domain.
the aforementioned easements under its right of eminent domain, and that the Village
Attorney be instructed and directed to file the necessary petition therefor and to
prosecute such action to a successful conclusion or until it is abandoned, dismissed
or terminated by the Village or by the Court; that the Village Attorney, the Mayor
and the Clerk do all things necessary to be done in the commencement, prosecuftion
and successful termination of such action.
NOW, THEREFORE, BE IT RESOLVED That the Village of Edina proceed to procure
Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there
were three ayes and no nays, as follows: Dickson, aye; Kohler, aye; and Tupa, aye;
and the Resolution was adopted.
killage Clerk
Kohler's motion that Acting Mayor Tupa be authorized and directed to act as Mayor
for the purpose of signing documents necessary for the aforementioned condemnation
proceedings, was seconded by Dickson and carried.
10/13/58
TRAFFIC SAFETY INVEN'TORY was reported briefly by Manager Hyde, who informed Council
W.66TH STREET EXCAVATION TO BE FILLED.
asking the Village-made excavation in W.66th Street just east of Naomi Drive be
filled, was reviewed.
has been excavated by the Village at this location, on the premise that this
excavation would be necessary at.the 'time street is opened, and because this material
is now needed for topsoil for Normandale Park and can thus be disposed of in an.
economical and beneficialmanner; that, inasmuch as the opening of the street has
been postponed by the Council, the present plan is to continue to excavate until all
the peat at this spot has.been removed; then to fill with gravel and good base
material to the grade recommended for the street.
- he would have further information at a later date.
Stow Company's communication of October 10,
Manager Hyde reported khat considerable peat and black dirt
RIDGEVIJ3 DRIVE STORM SEWER TO BE STUDIED.
requesting some relief from the drainage problem on Ridgeview Drive, and suggesting
the possibility of establishing a storm sewer drainage district for the area, was
discussed. Dickson's motion, directing Village Engineer to make a study of this
matter, looking toward storm sewer construction, was seconded by Kohler and carried.
PURCHASE OF LUMBER AUTHORIZED FOR PAMELA PARK HOCKEY RINK. Manager Hyde asked for
authority to purchase, without formal bids, some $755 of lumber for hockey rink at
Pamela Park; purchase to be from Hilldale Lumber Company.
informal bids had been receiFed from Stewart Lumber Company at $778, and from
Thompson at $791. Authorization granted by common consent.
WIDTH OF "UNICIPAL STATE AID STREETS" DISCUSSED.
the Council consider the matter of widening Wooddale Avenue to a 38-foot width, from
W.5Oth Street to Valley View Road.
to dedicate a wide strip of land, for the proposed widening to 44 feet; that houses
face Wooddale directly across from the Club property, and that houses also face the
street on the West, farther south; that the State will allow this narrower street
providing there is parking on only one side.
present that this plan would be satisfactory, but no formal action was taken.
DETROIT PAVING INSPECTED, Manager Hyde reported at some length on the inspection
tour taken by himself and Engineer Zikan in Detroit and suburbs, relative to the
laying of concrete paving on residential streets.
working out most successfuly in the Detroit area; that concrete paving and integral
curb are being laid for between $5 and $6 @er assessable foot, and suggested that
this type of surfacing might be inaugurated in this area, either as a developer-
financed improvement--or, in the case of t%unicipal State Aid Streets", with gas
tax moneys to furnish part financing.
further information at a later date.
Stov~ Company's October 10th letter,
He explained that
Engineer Zikan suggested that
He stated that the Country Club is not anxious
It seemed to be concensus of those
He states that the plan is
.
Manager Hyde told Council that he will have
CONTRACTORS TO BE MADE TO CLEAN UP AFTER CONSTRUCTION. Suggestion was made that
building and utilities construction contractors be required to remove debris after
construction. Manager Hyde told the Council that we do have ordinances covering
these offenses; that the trouble is in enforcing them. Manager directed to do all
things possible to see that contractors are made to clean up debris, in streets and
on private grounds.
CLAIMS PAID.
dated October 13, 1958, was seconded by Kohler and carried:
Dickson's motion for payment of the following Claims, as per Pre-List
General Fund $19 9 142.92 Liquor Fund $32 , 425.32
Const. Fund 1;957.09
Park, Park Const. 8
Park Sinking Funds 6 y 970.00
1 y 201 62 \Vat erwror ks Fund
Sewer Rental Fund 827.94
Poor Fund 10.00
$622534.89
GENERAL INSURANCE CORPORATION AUDIT PREMIUM FOR YEAR 4/14/56-4/14/57 TO BE PROCESSED
FOR PAYRENT.
recommending settlement with General Insurance Company for $4,123.21--the amount
of their audit premium for the policy year 4/14/56-4/14/57, providing they waive
additional premiums for first and third policy years, was reviewed and discussed
at some length.
27th meeting.
SPECIAL ASSESSENT HEARINGS SCHEDULED FOR OCTOBER 27.
OF public hearings on proposed special assessments have been published in Edina-
Edorningside Courier without action by the Council, in order that these hearings
may be expedited.
the following Resolution and moved its adoption:
Village Attorney Hasselquist's writtem memorandum dated today,
Office directed to process this claim for payment at the October
Clerk reported that notices
She requested a confirming Resolution, and Dickson o€fered
10/13/58
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT 9
Y
HEARINGS--OILING: WATERMAIN IMPROVEMENTS BE IT RESOLVED by the Council of the Village of Edina as follows: i/ I 1. The Clerk and Engineer having calculated the proper amounts to be assessed
for the improvements set forth in the Notices of Hearings set forth below, and the
amounts proposed to be assessed against the respective lots, pieces and parcels of
land within the districts affected by said improvements, and said proposed assess-
ments 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.
This Council shall meet at the time and place specified in the forms of
notices of hearings hereinafter contained, to pass upon said proposed assessments;
and the Clerk's action in publishing notice of said hearings in the official
newspaper in accordance with law, in the following forms, is hereby ratified and
confirmed :
2.
(1) NOTICE OF ASSESSMENT HEARING ON ..
OILING IMPROVEMENT FOR 1958
NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at
the Village Hall on Monday, October 27, 1958 at 7:OO o'clock P.M., to hear and pass
upon all objections, if any, to the proposed assessments for Oiling in 1958. These
assessments are now on file in the office of the Village Clerk and open to public
inspection :
PETITION
NUMBER
282
241
243
255
270
278
280
239
26 0
284
245
256
257
262
242
250
26 7
279
26 1
247
259
277
240
244
253
248
285
249
269
271
241
246
264
252
263
263
266
273
275
28 1
21 2
250
254
265
268
272
274
275
285
The
all lots
STREET
Adams Avenue from Maloney Avenue to North Village Limits.
Benton Avenue from Tingdale Avenue to Highway No. 100.
Brookview Avenue from West 58th Street to West 59th Street.
Brittany Road from West 66th Street to Roycar Road.
Belmore Lane from Blake Road to 1/2 Block East of John Street.
Beard Avenue from West 57th Street to West 58th Street.
Birchcrest Drive from Code Avenue to approx. 165 feet East of Hansen Road.
Concord Avenue fromWest 63rd Street to West 64th Street.
Concord Avenue from Valley View Road to West 62nd Street.
Chowen Avenue from West 63rd Street to West 64th Street.
Danens Drive from Duggan Plaza to Ridgeview Drive.
Dunberry Lane from approx. 90 feet more or less West of Cornelia Drive
Dundee Road from North line of Mirror Lakes Meadow-Wood Addn. to West
Grove Place from Spruce Place to Dedd End.
Halifax Lane from Woodland Circle to West 54th Street.
Hankerson Avenue from West 52nd Street to Interlchen Blvd.
Hansen Road from West 60th Street to Forslin Drive.
Hansen Road from Forslin Drive to Valley View Road.
John Street from Spruce Place to Belmore Lane.
Meadow Ridge from Ridgeview Drive to Duggan Plaza.
Parnell Avenue from West 64th Street to approx. 480 feet South of West
64th Street.
Philbrook Lane from Wooddale Avenue to west 58th Street.
Roberts Place from Wilryan Avenue to Rolf Avenue.
Rolf Avenue from Valley View Road to Roberts Place.
Rabun Drive from Tifton Drive to Abercrombie Drive.
Summit Avenue from Interlachen Blvd. to Highway No. 169
Scotland Heights Curve on Valley View Road.
St.Johns Avenue from West 60th Street to Valley View Road.
St.Johns Avenue from Ashcroft Lane to West 64th Street.
Spruce Road from Blake Road to 1/2 Block East of Grove Place.
Tingdale Avenue from Eastview Drive to Benlxn Avenue.
Tifton Drive from Everett Place to Duggan Plaza.
Tingdale Avenue from West 60th Street to Valley View Road.
West Shore Drive fromwest 60th Street to Balfanz Road.
Waterman Avenue from Arthur Street to Waterman Circle.
Waterman Circle.
Wooddale Lane.
William Avenue from Interlachen Blvd. to West 51st Street.
Woodcrest Drive from West 5& Street to West 56th street.
West Shore Drive from West 70th Street to Dunham Drive.
West 64th Street from Normandale Road to Warren Avenue.
West 51st Street fromwilliam Avenue to Hankerson Avenue.
West 62nd Street from Virginia Avenue to Ryan Avenue.
West 60th Street from Code Avenue to Hansen Road.
West 60th Street from Wooddale Avenue to 135 feet West of West line
West 57th Street from Xerxes Avenue to 120 feet West.
West 60th Street from Code Avenue to Tingdale Avenue.
West 56th Street from 150 feet East of Park Place to Bridge over Creek
West 59th Street between Wooddale Avenue and Fairfax Avenue
area proposed to be assessed for the cost of the above improvements includes
and tracts of land abutting the streets listed above.
to West limit of Southdale Third.
56th Street.
of St. Johns Avenue.
10 .
Assessments for Oiling Improvements will be payable in one installment with the
J taxes for the year 1958 collectible in 1959, with interest on the assessment at the rate of 5% per annum from the date of the resolution levying the assessment to
December 31, 1959.
assessment without interest to the village Treasurer before 12 o'clock noon on
December 31, 1958, or make payment with interest to the County Treasurer.
The owner of any property assessed for the above improvements may pay the whole
BY ORDER OF THE VILLAGE COUNCIL*
GRETCHEN So ALDEN
Village Clerk
(2)
NOTICE IS HEREBY GIVEN, that the Council of the Village of Edina will meet at
NOTICE OF ASSESSMENT HEARING ON
WATERMAIN NO. 124,
the Village Hall on Allonday, October 27, 1958, at 7:OO o'clock P.M., to hear and
pass upon all objections, if any, to the proposed assessment for Watermain No. 124.
These assessments are now on file in the office of the village clerk and open to
public inspection.
V?ATERMAIN NO. 124 - Construction of Village Watermain and appurtenances in:
1. Bernard Place from Grove Street to Benton Avenue;
2. Benton Avenue from Bernard Place to approximately 350 feet East;
3. Code Avenue from 1;Jest 58th Street to Benton Avenue.
The area proposed to be assessed for the cost of said improvement includes
Code's Hiclhview Park - Block 1, Lots 3,4,5,19,20,21,22,23,24; Block 2, Lots
Assessments for'the above improvement will be payable in ten equal consecutive
all lots and tracts of land as follows:
1 thru 6, inclusive.
annual installments over a period of ten years, with first year payable with taxes
for the year 1958 collectible in 1959, 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, 1959. To each subsequent installment will be added interest at the
same rate for one year on all unpaid installments.
The owner of any property assessed for the above improvement may pay the whole
of the assessment without interest to the Village Treasurer before 12 o'clock noon
on December 31, 1958 or make payment with accrued interest to the County Treasurer.
BY ORDER OF THE VILLAGE COUNCIL*
GRETCHEN So ALDEN *
Village Clerk Motion for adoption of the Resolution was seconded by Kohler, and on Rollcall there
were three ayes and no nays, as follows: Dickson,
and the Resolution was adopted.
Village Clerk
The evening's agenda's having been completed, Kohler moved for adjournment.
seconded by Dickson and carried.
Motion
Meeting ad ed at 9:25 P.M.
Village Clerk