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HomeMy WebLinkAbout19581027_regular10/27/58 MINUTES OF THE REGULAR MEETING OF THE EDINA AT 7:OO P.M., AT THE EDINA VILLAGE HALL VILLAGE COUNCIL, HELD MONDAY, OCTOBER 27, 1958 Members answering Rollcall were Bank, Dickson, Kohler and Tupa. Bank presided in Mayor Bredesen's absence. Mayor Pro Tem MINUTES of the Regular Meeting of October 13, 1958, were approved as submitted, by motion Dickson, seconded by Kohler and carried. PUBLIC HEARING ON PROPOSED REZONING FROM OPEN DEVELOPMENT DISTRICT TO COMMUNITY STORE DISTRICT - FOR EXTENSION OF BILTMORE MOTOR HOTEL. Affidavits of Publication and Posting--publication being in Edina-Morningside Courier on October 9 and 16-- of "Notice-of-Hearing" were submitted by Clerk; approved as to form and ordered placed on file; and, pursuant to said Notice, Hearing was conducted on the petition of Biltmore Motor Hotel Corp. for the Rezoning to Community Store District of a portion of Govt. Lot 7, Sec. 28, Twp. 117, R. 21. This property abuts U.S. Hwy. No. 169-212 on the West and is located to the South and Southwest of the present Biltmore Motor Hotel site. The purpose of the petition is to allow the extension of the present motel. Mr. Harry Gustafson, representing the petitioners, presented the plan of construction for the motel extension--52 additional units, with a small restaurant, and an elevated swimming pool (which, Mr. Gustafson stated, may or may not be built). He stated that the main reason for asking for rezoning at this time is to give owners an opportunity to work with the State Highway Department in alighnment of State Highway No. 169. At a question as to possible vacation of W.53rd Street, Mr. Gustafson stated that on this plan 53rd Street would be one of the entrances to the motel, inasmuch as it is between the present motel and the future extension. Also asked as to how close the motel would come to 53rd Street, Mr. Gustafson replied that plans are not definite, but that it will probably be between 100 and 150 feet from the street. Mr. H.R. Reinhardt, 5240 Richwood Drive, inquired as to whether the rezoning to Commercial can limit the land use to extension of motel only; and, if not, wheCher the Council can rezone for specific land use. Attorney Hasselquist replied that Community Store zoning does not limit the use to motel extension; that it is not usual to rezone for one specific land use. At this time Mr. Gustafson told audience that petitioners will be glad to enter into an agreement with theallillage limiting the use of the land. HIGHLANDS, AND WINDSOR AVENUE areas, on both this petition and the next rezoninq petition to be heard this eveninq, reminded Council that it should have a reason for rezoning any given area--either a change in access roads (where it has become apparent that no residential development could possibly be had) or the development of a need in the community. He skated the people he represents object to these petitions because they.see absolutG$y no community need for the motel extension or the office building; that the rezoning and the resultant buildings will further complicate a bad traffic situation which now exists at the intersection o€ Hwy. #169-Sherwood Ave.-Eden Ave. getting into and out of these areas, they are areas of beautiful homes, well kept up; that residents pay high taxes and high special assessments; that the burden of proof of community need for these enterprises is on the petitioners; and that Council should delay action either until such proof is presented or until a master plan is completed, presented to the people and approved by a ma j ority . to both Biltmore and Overholtapetitions, being from Richmond Hills, Edina Highlands and Windsor Avenue areas. areas will continue to be kept up, while commercial areas tend to deteriorate within five to ten years. awkward position because they must look down on the property proposed for rezoning and consequently must feel very strongly against the rezoning. Mrs. H.M. Paulson, 5328 Windsor Avenue reiterated Mr. Beale's sentiments, stating they can no longer live in their residence if these petitions are honored. comerkial enterprises. Nbr. Floyd Pearson, 5256 Richwood Drive, objected on grounds of traffic involvement near new park site. Mr. L.W. Samuelson, Jr. 5204 Richwood Drive, and representing Pearson Bros., owners of three acres immediately adjacent to the proposed Biltmore extension, obj ec t ed . Mr. R.K. Frank, 5244 Edenmoor Street, asked that Council try to get onto Sherwood Avenue at any time of day, before making a decision. He stated that people traveling Highway No. 169 are not aware of Sherwood Avenue; that it is already very difficult to enter or exit and that these new enterprises will make a bad matter worse. using the school buses. Mr. D.F. Pratt, stating he is speaking for the RICHWOOD, EDENMOOR, EDINA , He stated that, in spite of the difficulty of Mr. JOE. Larson, 5244 Richwood Drive, presented three petitions in protest His argument against rezoning was that the residential Mr. Dorr Eeale, 5225 Duncraig Road, stated that Duncraig residents are in an 44r. Francis McGuire, 5333 Vernon, protested to being entirely surrounded by Mrs. Jane Ildstad, 5317 VJindsor Avenue, talked of the hazard to children Harry GuStafSOn told audience that petitioners are as interested as 1 O/27/58 l2 residents in both the traffic aspect and in keeping up atheir property; that they will have a considerable investment in the motel and that it is definitely to their interest to have both a good traffic pattern and a well kept business establishment. He stated that the petitioners, too, are interested in stopping creeping commercial zoning along Hwy.#169; that the extension of the motel will be a good buffer. prepared to advise the people of Edina where Highway #169 is going to go. Manager Hyde replied that the "present thinking" of the Highway Department, as evidenced at a meeting held last week, is for Highway #169 to enter Edina at its approximate present location, then proceed Easterly, South of the present road and North of Abd Lake, entering Tracy Avenue about Benton, then Northeasterly to Hansen Road just North of present No. 169, then following Northern @Sites Power's high tension line to the North boundary line of the Village. the fact that this is not the final plan, that it is the latest advice we have but that it is not necessarily the final location; that the Highway Department cannot give Village officials anything definite, Mr, Frank suggested that this Council defer action and "let another Council be put on the spot" at the time the Biltmore actually gets ready for construction. He stated he sees no reason for action, now, on something which may not come up for ten years, Ab. Carl Swendseen, 4637 Arden Avenue, stated there is a definite need for extension of the motel; that the development will be on ground which needs to be terraced; that there are very few residences within the 500-foot radius set forth by the Zoning Ordinance as "affected properties". Ab. Reinhardt reminded Cbuncil that the great proportion of commercially- zoned property along Highway #169 is owned by one group of owners, that this might be related to the possibility of having rezoning accomplished. audience that the Commission has given the matter of the Biltmore's request consideration over the past several weeks; that, over the past four years there have been many proposals for use of this particular land, against which the Commission has voted and yet with which it is continually threatened. Mr, Todd said the Commission has not been satisfied with the development of the area at Interlachen Road and leading South on #169; that the original proposal of the Commission was that a definite commercial area be outlined, defined and limited. Mr. Todd stated that the question to be considered is, "Who is going to build on this land, and what use will be made of it which will be good for the immediate neighborhood and for the Village as a whole?11 considered judgment of the Planning Commission that while the Biltmore is a type of commercial development, it is the least offensive type; that the Commission now wants to define this area, and the question is, "What kind of transition can we make?" He asked the residents, What do you want?' An office building? A shopping center? "at do you want?" weigh their objections carefully, considering the other proposals which the Commission and Council have received for the use of this land. Biltmore, claiming that there is traffic at all daytime hours. Commission and Council had worked out the problem of confining the business district at 50th and France; asking that both boards be given the benefit of the doubt in confining business areas, about an extension of commercial zoning beyond the present proposals, because the Commission is not satisfied that this has been a satisfactory "Community Store District" and feels that if there is another to be developed consideration should be given to securing a large area and zoning it all at once. I&. Carmichael inquired as to why the Planning Commission is interested in stopping the commercial area after the extension of the motel, rather than now; and Mr, Odell replied that this particular property is not suitable for homes and no one would build homes on it; that it is to the interest of the general public to have use made of the land. the duty of the Planning Commission or Village Council to find the least offensive thing to go on a piece of land because they are afraid of further requests. be 150 feet from 53rd St; and hlrs. Frey stated she is opposed to the development because her front windows will face it. Trustee Kohler asked petitioners if this development will take place before Highway #169 is resolved, and was answered in the negative. He then inquired as to why the property should be rezoned at this time, and Idr. Gustafson stated he feels that petitioner should have the right to know whether or not zoning can be secured, before going to the expense of hiring architects and planners to work with the Highway Department on access roads. the proposed rezoning would be less objectionable if residents knew the definite plan for Highway No, 169, which met with the approval of some in the audience, although some stated they just want no more commercial in their area, Trustee Dickson moved that matter be tabled until Council has more definite information as to the route of Highway 169 and until petitioners present a definite plan as to streets and access roads, so all concerned may know definitely just what is being considered. Mr. W.J. PJcGoldrick, 6 Bridge Lane, inquired as to whether the Council is Mr. Hyde emphasized I He suggested Mr. T. L. Todd, Chairman of the Edina Planning Commission, told the He reported that it is the I He then advised property owners to I&. Brown, Richwood Drive, talked of the hours of traffic at the present Mr. Leonard Odell of the Planning Commission reminded the audience that the He stated that residents needn't worry Mr. Pratt took issue with Mr. Odell, stating that he cannot believe it is Mr. George mey, 1'~.53rd Street, asked for a guarantee that the motel would Mr. Kohler stated he feels that Motion seconded by Tupa and carried. PUBLIC HEARING ON PETITION OF MR. RALPH OVEWOLT, FOR REZONING FROM OPEN DEVELOPMENT DISTRICT TO COMMUNITY STORE DISTRICT, LOT 4, BLOCK 3, EDENWIR ADDITION, abutting Highway No. 169-212 on the East, at its intersection with Sherwood Road. Affidavits '1 of Publication in Edina-Morningside Courier October 9 and 16, 1958, and of Posting on Official Village Bulletin Boards on October 7, 1958, of "Notice of Hearing" were presented, approved as to form and ordered placed on file. Mr. Overholt presented a plan of his proposed Office Building, stating that his own office will have some seven employees, that the entire building will house about 22 people; that this type of business (insurance) will not have customers as such, inasmuch as most of the work is out in the territory. He said he feels that double bungalows on this tract would create far more of a traffic hazard than his plan; that an office building will be an excellent use for the property and will bring in tax revenues to soften the load on home owners. favor of this rezoning, signed by owners of some 150 to 200 properties in the Village (some 300 signatures), butcnone o€ which properties is near the property to be rezoned. evening in opposition to this plan, stated that everything said about the extension of the Biltmore Motel applies equally to this proposal, except that the Biltmore proposal does have the merit of being an extension of a present use, He pointed out that the entrance to the office building parking lot is planned at about 150 feet into sherwood Road and that the parking area is right alongisde a residential property. Mr. Praft Stated, "Everything we have said about the Biltmore proposal is doubled in brass for this one!"--"There is no community need for the office building; this zoning would place no restrictions on Mr. Overholt; the parking lot entrance would be directly across the street from the sherwood Road play area; again, we don't know what plans are for Highway #169; we have seen proposals for a school bus garage and for some kind of clinic for this . property, and this is even more of a direct threat to the kind of living we would like to do in our area; we are not opposed to Mr, Overholt, but we do not commercial building here." Messrs, R.K. Frank, 5244 Edenmoor Street; Francis McGuire, 5333 Vernon; and J.E. Larson, 5244 Richwood Drive, all objected, on about the same grounds registered at the Biltmore Hearing; and Mrs. J.E. Henderson, 5400 Edenmoor St., suggested that action be delayed pending information on Highway No. 169. 6939 Valley View Road, all spoke for the proposed rezoning,.en the grounds that it will broaden the tax base. is had on the relocation of Highway No. 169. Ak. Overholt then presented a petition, in Mr. D. F. Pratt,reminding the Council of the petition presented earlier this I Mr. Maurice Hessian, Mr. Frank Lynch, 4507 Golf Terrace, and Mr. Me1 Jensen, Dickson moved that matter be tabled until further and more complete information Motion seconded by Tupa and carried. PUBLIC HEARING ON PETITION OF MRS. OLGA LARSON FOR PERMIT TO CONSTRUCT DOUBLE BUNGALOWS ON THE COUNTY ROAD NO. 18 FRONTAGE OF "TRACT B, REGISTERED LAND SURVEY NO. 246. Planning Director Swanson presented the plat of "Tract B", explaining that Mrs. Larson had requested Community Store zoning because of the Pederson Dairy directly to the South; that the Planning Commission has recommended double bungalows as the best use for this marginal land, registered from the audience, and no written objections had been received prior thereto. Kohler's motion, granting permit for double bungalows on that portion of Tract B, all in accordance with Planning Commission's recommendation of September 10, 1958 (which requires that a plat be filed for the entire tract B, which will provide for road access to County Road 18; that lots zoned for double bungalows contain at least 15,000 square feet and are at least 90 feet wide; and that balance of property be single family dwellings) was seconded by 'Tupa and carried, Affidavits of Publication, Posting, Mailing, approved. There were no objections . PUBLIC HEARING ON PETITION OF MR. PETER DAHLGREN FOR PERMIT TO CONSTRUCT DOUBLE BUNGALOWS ON LOTS 7,8,9,10, AND 11, BLOCK 2, PEACEDALE ACRES (4225 to 4201, INCLUSIVE, VALLEY VIEW ROAD. Planning Director Swanson reviewed for Council the Planning Commission's recommendation of October 1, favorable to double bungalows on the Valley View frontage of Mr, Dahlgren's property, provided a satisfactory plat is received and provided single family dwellings will be constructed on the Peacedale Avenue side, from the audience, and no written objections had been received prior to the Hearing. Dickson's motion, granting permit for double bungalows subject to compliance with Planning Commission recommendations of October 1, was seconded by Tupa and carried. There were no objections registered PUBLIC HEARING ON PROPOSED "GASOLINE FILLING STATION AMENDMENT" TO ZONING Courier October 9 and 16, and Affidavit of the Posting of said Notice on October 7, 1958, were submitted, approved as to form and ordered placed on file, Director Swanson reviewed the text of this proposed amendment for Council and audience. Manager Hyde reminded Council that amendment has been prepared as the result of a petition filed (dated September 9, 1958), signed by some 53 persons, for the control of filling station enterprises. Builders Exchange, Minneapolis, Secretary of the Minnesota Petroleum Council, . ORDINANCE. Affidavit of Publication of "Notice of Hearing", in Edina-Morningside Planning Mr, Robert Thornberg, '. 10/27/58 l4 suggested that Council'be given to something other than approval of the proposed ordinance at this time. He stated that the Petroleum Council has had some experience with a proposal in Minneapolis which is a great deal like this one, and has found some provisions which have proven troublesome of enforcement. As an example he cited the "lighting" provisions in Edina's proposed ordinance, stating he feels that the determination of certain types of lighting being a nuisance should be made by a competent lighting engineer; also, that he has serious misgivings as to the "special permit" factor. is authorized to offer the full cooperation of the Petroleum Council to the Village Council and the Planning Commission, Planning Commission would be happy to go over the matter with the petroleum industry, the Planning Commission has recommended approval of the ordinance on the basis that the regulations and limitations contained therein are both reasonable and necessary. be changed to read approximately as follows: "A special permit under provisions of this ordinance shall not be required for a building permit for a gasoline service station if the land was acquired in fee ownership at least one year before publication of this ordinance and at the time of such acquisition by the applicant was zoned Community Store, Commercial, or Regional Shopping District. Mr. Todd, too, stated that the Commission will be glad to get the suggestions of the petroleum industry. that proposed ordinance be referred back to the Planning Commission for consideration at its November meeting, was seconded by Tupa and carried, Mr, Thornberg stated he Manager Hyde suggested that Chairman Todd of the Planning Commission, told the Council that He asked, however, that the last paragraph of the proposed ordinance . 1 Kohler's motion, PERMIT FOR GASOLINE FILLING STATION ON STENSON PROPERTY--LOT 12, BLOCK 22, FAIRFAX ADDITION--TO BE GRANTED AFTER PRESENT BUILDING IS DEKOLISHED, YJith her bcother to represent her, Miss Sophia Stenson appealed to the council for issuance of a permit for a filling station on the above named site. Manager Hyde explained that there is now one building on this lot; and that another building permit cannot be issued until the present building is demolished. htc. Stenson reported that a guarantee of demolition would be a part of the arrangement. informally agreed %hat permit should be issued. PUBLIC HEARINGS ON PROPOSED STREET VACATIONS. Council Pursuant to "Notice of Fublic Hearings--Proposed Street Vacations", published in Edina-Morningside Courier on October 9 and 16, 1958, Affidavits of Publication of which notices were presented by clerk, approved as to form and ordered placed on file, the following Public Hearings were conducted, and action was taken as hereinafter recorded: BROOKVIEW AVENUES. of W.59th Street "measured as "the first one hundred feet measuring East from the center of Oaklawn Avenue"; and Mr. Ira Learn, 5901 Oaklawn Avenue, explained that property owners feel they do not want cars climbing this steep hill on their way to the public park. The Park Board's recommendation for a "footpath easement" was reviewed, as was Engineer Zikan's recommendation for a "utilities easement". Kohler offered the following Resolution and moved its adoption: 1. PUBLIC HEARING ON PROPOSED VACATION OF W.59TH STREET BETWEEN OAKLAWN AND Clerk explained that petitioned filed is for only that portion RESOLUTION VACATING STREET W.59TH STREET FROM THE EAST LINE OF OAKLAWN AVENUE TO SEVENTY FEET EAST THEREOF 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 27, 1958, at 7:OO p.m,, has been given and made, and a hearing has been had thereon by the Village Council: NOiV, THEREFORE, BE IT RESOLVED by the Village council of the Village of Edina, Hennepin County, Minnesota, that that portion of WEST 59TH STREET lying between the East Line of Oaklawn Avenue and a point Seventy Feet East of the said East Line of Oaklawn 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, sewer, water, and telephone equipment on, over and under the center twenty feet in width of the street hereby vacated; and provided that said Village also reserves unto itself and excepts from this Vacation proceedings an easement on and over the center ten feet in width of said vacated street, for purpose of providing footpath thereon. - Motion for adoption of Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Bank, aye; aye; and the Resolution was adopted, Kohler, aye; and Tupa, c hlayor Pro Tem and crown in street ( (Residents asked for barricade at the top of the viest 59th Street Hill,/to stop the wash; and for "dead end" sign at CV.58th Street, with Council agreeing, informally, to requests, 15 2. PUBLIC HEARING ON PROPOSED VACATION OF CUL-DE-SAC AT WEST END OF WATERMAN 1;4/27/58 AVENUE. be re-dedicated as part of "Hansen's Third Addition". the proposed Vacation, and none had been received prior to the Hearing. offered the following Resolution and moved its adoption: Planning Director Swanson explained that this Westerly-running street w2ll There were no objections to Tupa RESOLUTION VACATING STREET "WATERMAN AVENUE CUL-DE-SAC 'I 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 27, 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, Hennepin County, Minnesota, that that street located at the West end of Waterman Avenue, and legally described as follows: "That part of the E1/2 of NE1/4 of SE1/4 of NW1/4 of Sec, 30, Twp.117, R. 21, begin. at intersection of centerline of Waterman Ave. and W. line of R/W for Waterman Circle; tho Wly at an angle of 91°24'30" with the Wly line of Waterman Circle as turned to the W, from the N. a dist. of 159.54 Ft., which is an Ely-Wly line, to beginn. of a curve to right; th. Nly, Ely and Sly along such curve to right, which has a radius of 60 Ft. and a central angle of 155°21'30", a dist. of 164.05 Ft, to a point on the arc of said curve, such point being 25 Ft. N. at right angles to the above described Ely-Wly line; th. E. parallel to said Ely-Wly line a dist. of 40.15 Ft. to W. line of Waterman Circle; th. S. along said line to point of beginning"-- all as described in Book of D'eeds 2147, Page 549, brarrd-irer&yi-SmmrtW be and hereby is vacated. Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Dickson, a ohler, aye; Tupa, aye; and Bank, aye; and the Resolution was adopted. Village Clerk PUBLIC HEARINGS ON PROPOSED ASSESSMENTS FOR IMPROVEMENTS: Affidavits of Publication of "Notice of Assessment Hearing on Oiling Improvements for 1958", and "Notice of Assessment Hearing on Watermain Improvement No. 124", in Edina-Morningside Courier on October 9 and 16, 1958, were presented by Clerk, approved as to form, and ordered placed on file. Pursuant to said Notices the following Public Hearings were held, and action was taken as hereinafter recorded: Oiling Improvements cover the laying of Oil Dust Coat on some 49 streets, for which Oil Petitions had been received, said streets being tabulated on Page 9 of this Minute Book. Manager Hyde explained that the Assessable Cost for this project is $.14 per front foot for all properties abutting the streets improved. There were no objections to the proposed assessment registered at the Hearing, and none had been received prior thereto. Confirming Assessment) . In Bernard Place from Grove Street to Benton Avenue; Benton Avenue from Bernard Place to approximately 350 feet East; Code Avenue from West 58th Street to Benton Avenue, Tabulation of Assessment was read as follows: Total Cost, $7,658.78, less $2,811.00 to be paid by Waterworks Fund for "water loop1', for Net Assessable Cost of $4,847.78, to be assessed against 1,482.5 front feet, for $3.27 per front foot, as compared with Improvement Hearing Estimate of $4.03. There were no objections registered at the Hearing, and none had been received prior thereto. 1. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR OILING IMPROVEMENTS FOR 1958 (See Resolution of Later in meeting, Adopting and 2. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR WATERMAIN IMPROVEMENT NO. 124- Dickson offered the following Resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS WATERMAIN IMPROVEMENT NO. 124 AND OILING IMPROVEMENTS BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: It is hereby found, determined and declared that the proposed assessments for WATERMAIN IMPROVEMENT NO. 124 and for OILING IMPROVEMENTS FOR 1958, and each of them, have been properly calculated in accordance with the provisions of Minnesota Statutes Sections 429.051 and 429.061; that notice has been duly published, as required by law that this Council would meet to hear and pass upon all objections, if any, to amend said proposed assessments as might be necessary, and to adopt the same by resolution; that said proposed assessments have at all times since their filing been open for public inspection, and opportunity has been given to all interested persons to present their objections; and theat each of the lots, pieces and parcels oE land enumerated in the respective assessments was and is specially benefited by the construction of the improvements for whilch such assessment is levied in the amount set opposite the description of each such lot, piece and parcel of land, respectively. FOR 1958 1. 1;1)/27/5% 2. The amounts so set out are hereby levied against the respective lots, pieces and parcels of land described in said respective assessments, and said proposed assessments are hereby adopted and confirmed as the proper special assessments for said improvements, respectively. The assessment against each lot, tract or parcel, together with the interest accruing on the full amount thereof from time to time unpaid, at the rate of five percent per annum from the date of this resolution, shall be a lien concurrent with general taxes upon the property described therein and all thereof. The total amount of each assessment for Watermain Improvement No. 124 shall be payable in equal annual installments extending over a period of ten years, the first of said installments, together with interest om the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the year 1958, and one of the remaining installments, with one year's interest on that and all subsequent installments, to be payable with general taxes for the years 1959 through 1967, collectible in the respective ensuing years. The total amount of each assessment for Oiling Improvements for 1958 shall be payable in one installment, said installment, together with interest on the entire assessment from the date hereof to December 31, 1959, to be payable with general taxes for the yeal: 1958. owner of any lot, piece or parcel of land assessed hereby may pay the whole of such assessment or any installment thereof without interest to the Village Treasurer and thereafter such payment may be made with accrued interest, to the County Treasurer; provided that if any assessments or installments thereof be prepaid to the Village Treasurer, he shall promptly notify the Village Clerk and County Auditor, and the assessment or installment so prepaid shall be cancelled on the books of the County Auditor, The Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of said assessments, with each then unpaid install- ment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter cause said assessments to be collected in the manner provided by law. Said duplicate shall be designated as the "ASSESSMENT ROLL FOR WATERMAIN IMPROVEMENT NO. 124 AND OILING IIdPROVEhENTS FOR 1958", and all amounts collected in respect of the assessments therein con- tained shall be similarly designated by the County Treasurer and remitted to the Village Treasurer and by him From assessments for Watermain Improvement No. 124, to the IMPROVEMENT BOND REDEMPTION FUND; and From Assessments for Oiling Improvements for 1958, to the Sinking Fund Account of the PERMANENT IMPROVEMENT REVOLVING FUND. The motion for the adoption of the Resolution was seconded by Kohler, and on Rollcall there were four ayes and no nays, : Dickson, aye; Kohler, aye; Tupa, aye; and Bank, aye; and the Resolutio 16 3. 4. 5. Prior to certification of the assessment to the County Auditor, the 60 credited to the following funds: I Mayor Pro Tem PRELIMINARY PLAT OF PAYTON COURT APPROVED. morning after the Planning Commission had given its approval of this preliminary, developer A1 Payton had been issued three building permits for the property; that . the neighbors in the area are protesting Mr. Payton's construction of "rowtype" . houses in this neighborhood, claiming devaluation of their properties. Hyde explained that building permits had been issued upon Mr. Payton's filing of a bond guaranteeing the filing of final plat. opposition to the building of the tri-level homes on Brittany Road, signed by owners of some 17 neighborhood properties, and the letter in opposition, signed by hlr. C,W. Stevenson, 4817 Roycar Road. It was explained that, pursuant to strenuous objection by the neighbors, Mr. Payton had been stopped by the Village from going beyond basement level with two of his homes, but that one had been well along toward completion before stop order was given; that discussions had been had with Mr. Payton since the last Council meeting, endeavoring to work out changes in plans for the exteriors of the two homes yet to be constructed; and that 1Ar. Payton has agreed to the following: a change in the front similar to 6604 Southcrest Road; a 3-12 pitch on roof, with a 3-fOOt overhang; change in windows on both bedroom and living room levels; change in colors oE exteriors. Mr, Payton was present, to present a petition favorable to this type of building, signed by some 15 property owners in the area. 1dr. Kohler explained-that while opposition signers' feelings are against more tri-levels, they are not desirous of causing Mr. Payton undue financial hardship, and will be agreeable providing the suggested changes are effected. Kohler then moved for Council approval of Preliminary Plat of Payton Court, subject to understanding with developer Payton that building changes for buildings located at 6640 and 6700 Brittany Road, as hereinbefore set forth, take place. Trustee Kohler explained that on the Manager Clerk presented petitions in I Motion seconded by Tupa and carried. COm?CIL ENDORSFAlEiliT FOR AMENDMENT NO. 1 TABLED. League of Minnesota 1liunicipalities' request for Council endorsement of Amendment No. 1 was tabled, by motion Tupa, seconded by Dickson and carried. n.o/2-r/ss PETITIONS FOR IMPROVEMENTS ACCEPTED. The following Improvement Petitions were 1.7 submitted, and by motion Dickson, seconded by Kohler, were accepted: 1. BLACKTOPPING - Point Drive from Dunberry Lane to Oaklawn Ave. and from Oaklawn Ave. to Lake Cornelia; and.Judson Lane from Point Drive to Wooddale Ave . 2. BLACKTOPPING - Bernard Place from W. 56th St. to W.57th St. 3. BLACKTOPPING AND CURB - W.6lst St., Code Ave. to Forslin Drive. 4. CURB AND GUTTER - W. 55th St., Xerxes Ave. to York Ave. 5. STORM SEWER - W. 55th St., Xerxes Ave. to York Ave., and York Ave., W.55th St. to VJ054th St. PETITIONS FOR "HAWKES LAKE" PLAT DISCUSSED. ML ROY H. Peterson's petitions for Sanitary Sewer and Watermain for Warden Avenue, Hawkes Drive and Hawkes Terrace, all in "Hawkes Lake" Addition; and his letter of transmittal, asking for these improvements on a ten-year assessment basis, with construction this fall, were discussed. Manager explained that the Final Plat of "Hawkes Lake" had been approved by the Village Council in June, 1956; that petitions for utilities had accompanied the filing of the plat with the Council; but that the recording of the approved plat had been purposely delayed by developer Peterson because plan8 for the relocation of Highway #169 had indicated that the property would be condemned for right-of-way; that present plans show the right-of-way missing this plat. Kohler's motion, that Nir. Peterson be informed that Council has accepted his petitions but that work cannot be done during 1958, was seconded by Tupa and carried. AUDITORS APPOINTED FOR AUDIT OF RECORDS FOR YEAR 1958. Ernst & Ernst's letter with regard to 1958 Audit was discussed. Ernst be retained to auditcvillage records for 1958, and Tupa so moved. seconded by Dickson and carried. Manager Hyde recommended that Ernst & Motion MINNEAPOLIS PLANNING COMMISSION'S "ZONING WORKSHOP", to be held November 5 at 9:00 A.M., at Normandy Hotel, was announced, and invitation issued to any interested Council Member. "ONE SIDE ONLY" PARKING ESTABLISHED FOR COUNTRY CLUB STREETS. Council reviewed Police Department's September 23rd written recommendation that parking be allowed on only one side of the street on the following streets: Casco Avenue - Country Club road to Sunnyside Drexel Avenue - Country Club road to Sunnyside Wooddale Avenue - Country Club road to Morningside Village limits) Side Bridge Street - Browndale Ave. to Arden Ave. ) No Parking on Country Club road - Browndale Ave. to Arden Ave.) North Side Recommendation asked for this regulation because: 1. Streets of 24 feet and less have proven to be high accident frequency areas; 2. Traffic becomes congested when parking is allowed on both sides of streets. 3. Both-sides parking leaves too little room for. fire'iapparatuszto proceed. Kohler's motion, accepting Police Department recommendations and establishing "No Parking Zones" on the aforementioned streets, as recommended, was seconded by Tupa and carried. ) No Parking ) on East POLICE DEPARTMENT'S FRANCE AVENUE SPEED LIMIT SURVEY TO BE TRANSMITTED TO PETITIONERS. "Speed Limits and Enforcement-France Avenue", was reviewed, and ordered transmitted to the signers of a petition for speed control on France Avenue. FLO'S ADDITION DEED RESTRICTIONS CLARIFIED. action of October 13, requiring deed restrictions for Flo's Addition. Kohler then moved that reconsideration be given to action taken October 13, and thet the council require deed restrictions for this plat setting forth conditions that Sanitary Sewer and Watermain must be inst&$.ef a.,da~~~iff~~~~~~~~ia~~nue Avenue before building permits will be issuedd and that u -w d a ifax Avenue must be dedicated, graded and gravelled before building permits will be issued for lots abutting this street; and requiring 7&foot side yards for entire plat. Police Chief Bennett's report, dated October 17, relative to Discussion was had on the Council's Motion seconded by Dickson and carried. BIDS FOR SANITARY SEWER NO. 146 AUTHORIZED. Manager Hyde requested that Council act to take bids on this project in order that work might be expedited; and Tupa offered the following Resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED SANITARY SEWER IMPROVEMENT N0.146 AND DIRECTING ADVERTISEMENT FOR BIDS The plans and specifications for proposed Sanitary Sewer Improvement BE IT RESOLVED by the Village Council of the Village of Edina: No. 146 set forth in the following Advertisement for Bids for, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. Courier and the Construction Bulletin the following notice for bids for said improvement: 1. The Clerk shall cause to be published twice in the Edina-Morningside c 18 ADVERTISEMENT FOR BIDS SANITARY SEVJER NOTICE IS HEREBY GIVEN that sealed bids will be received and opened in the o i fice of the village Manager in the Edina Village Hall, 4801 West 50th Street at 1l:OO A.M., Monday, November 10, 1958, and that the Edina Village Council will meet at 7:OO p.m., on Monday, November 10, 1958, to consider said bids being for the following : CONSTRUCTION OF VILLAGE LATERAL SANITARY SEG'JER AND APPURTENANCES IN THE FOLLOWING STREETS : Richwood Drive Edenmoor Street from Richwood Drive to Sherwood Road ': Sherwood Road from Eden Avenue to Richwood Drive. Work must be done as described in plans and specifications on file in the I office of the Village Clerk. of $5.00, which deposit will be refunded upon return of said plans and specifi- cations. before 11:OO A.M., Monday, November 10, 1958, accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the ,amount of at least ten percent of amount of base bid. or all bids. Plans and specifications are available for a deposit No bids will be considered unless sealed and filed with the undersigned The Council reserves the right to reject any BY ORDER OF THE VILLAGE COUNCIL. GRETCHEN S. ALDEN Village Clerk 3. hereby adopted as the terms and conditions of award of the contract of said improvement, Each and all of the terms of the foregoing advertisement for bids are Motion for adoption of the Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Dickson, a ohler, aye; Tupa, aye; and Bank, aye; and the Resolution was adopted. "CONNECTION CHARGE BASIS" FOR TRUfiX WATERMAIN NO. 127 PROTESTED, 6724 Valley View Road, protested action by the Council to require a cash connection charge for the privilege of connecting to Trunk Watermain No. 127. made by Mr. Hasselquist, and review of proceedings (including improvement hearing at which property owners abutting the trunk line stated their preference for this type of arrangement). hk. Hugh McMillan , Explanation No action taken on protest. PERMIT TO CONDUCT PUBLIC DANCES REQUESTED. informed the Council that the Legion will be conducting Public Dances in the Legion Hall about once a month; that, under state law, the Village Council must approve and grant permit. Kohler's motion, that $3.00 be establish d as th f dance permit for one year or any portion thereof ,bef16??6f!gs&%8dg?f & !!$%: carriedPMr. ..Olson,explained that the Legion intends to conduct one and possibly two pubi'ic dances during the balance of 1958, and Tupa moved, granting permit to Legion so to do. Legion Comander Richard E. Olson Motion seconded by Dickson and carried. ORDINMCE PERMITTIISG DIVISION OF ONE LOT INTO TWO LOTS Z'JITHOUT PLATTING. Director Swanson presented draft of an 'ordinance which would permit division of one lot into two lots without the necessity of filing a plat. had been had on this same matter some years ago, with the then Village Attorney finding some objection to this procedure, Attorney Hasselquist was asked to check with Attorney John ';Jindhorst for his opinion. Planning Because discussion RURAL HENNEPIN COUNTY NURSING DISTRICT REPORT FOR SEPTEMBER was submitted, reviewed and ordered placed on file. RETIREhEhT POLICY DISCUSSED. retirement policies in use by municipalities, and that he should have something to report very shortly. WATER RESERVOIR BIDS AUTHORIZ!3 Plans for the proposed 4,000,000-gallon Water Reservoir at W.70th Street and Dublin Road were presented by Manager Hyde, and discussed. Ab. Hyde recommended that bids be taken on November 24, in order that work might proceed during the winter. Kohler's motion, authorizing advertisement for bids to be taken November 24, was seconded by Dickson and carried, LYLE/ADDITION FINAL PLAT APPROVED. Plat of Lyle Addition, recommending that Council approve with understanding that building permits will not be requested until Highway No. 169 has been relocated. Kohler's motion for approval in accordance with Planning Director's recommendation was seconded by Dickson and carried. Thik plat now shows the cul-de-sac entering JOh~son Drive north of Benton Avenue, Manager Hyde reported that he is studying the various SECOND Planning Director Swanson presented Final 10/27/5a . 19 ACQUISITION OF EASEMENT FOR STORM SEWER ACROSS STATE-OWNED LAND AUTHORIZED. Zikan explained that the State requires a resolution requesting state-owned lands. He was referririg to action, by motion, taken by Council at the October 13th meeting, to acquire easements across Lots 12 and 13, Block 4, Brookline First Addition, for storm sewer purposes. Dickson offered the following Resolution and moved its adoption : RESOLUTION FOR ACQUISITION OF TAX FORFEITED LAND, FOR DRAINAGE PURPOSES Engiheer BE IT RESOLVED by the Edina Village Council that Village Attorney be authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax- forfeited Lands,'' for the following properties: The North Five (5) feet of Lot Twelve (12), Block Four (4), Brookline First Addition; and The South Five (5) feet of Lot Thirteen (13), Block Four (4) Brookline First Addition for the purpose of constructing, maintaining, altering, repairing, and reconstructing a storm sewer system said land. BE IT FURTHER RESOLVED, that the Mayor and Clerk of this Village be authorized and directed to sign said application on behalf of the Village of Edina. Motion for adoption of the Resolution was seconded by kohler, and on Rollcall there were four ayes and no nays, as follows: Dickson, aye ler, aye; Tupa, aye; and Bank, aye; and the Resolution was adopted. An Easement under on and Over DEMOLITION OF BUILDING AT 6300 VIRGINIA AVENUE. building has been demolished but that there is some rubble still remaining on the premises, which should be cleaned up shortly. COUNCIL EXPRESSES SYMPATHY TO TRACY FAMILY. send its expression of sympathy to the family of Mr. John Tracy, long-time Village employee, and Tupa offered the following resolution and moved its adoption: RESOLUTION AT THE DEATH OF Manager Hyde reported that the 4 Manager Hyde suggested that the Council JOHN TRACY WHEREAS, John Tracy served the village of Edina as an employee in its Public WHEREAS, he has been a capable, dependable and cooperative employee: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, that this Council extend to the family ofJohn Tracy its deep sympathy at their bereavement Works Department from 1927 to the date of his death; and I Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there were four ayes and no nays, as follows: Dickson, aye; Kohler, aye; Tupa, aye; and Village Clerk CONDEMNATION OF SANITARY 'SEWER--EASEMEUS. error had been made in the legal description of the property for which condemnation proceedings had been initiated at the last regular meeting. correct this error by a new resolution, and Dickson offered the following Resolution and moved its adoption: Attorney Hasselquist explained that an He asked that Council RESOLUTION WHEREAS, It is necessary, advisable and in the public interest that the Village of Edina increase its sanitary sewer system; and WHEREAS, In order to accomplish such purpose, it is necessary for the Village of Edina to acquire certain perpetual easements for sanitary sewer purposes, to-wit: 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 Five (5), 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 (Wly 7*) feet of Lot Four (4), Block Two (2), Richmond Hills Second Addition, according to the recorded plat thereof; and WHEREAS, The efforts of the Village of Edha to obtain such easements have been unsuccessful; and WHEREAS, By reason of the failure of the Village to obtain such easements, it has become necessary to procure the same by right of eminent domain; and WHEREAS, The Village council passed a resolution dated October 13, 1958, which resolution incorrectly referred to the Easterly seven and one-half feet of Lot 4, Block 2, Richmond Hills Second Addition in Parcel One, when the correct description should have been the Easterly seven and,one-half feet of Lot 5, Block 2, Richmond 10/27/% " '' Hills Second Addition, according to the recorded plat. NOYJ, THEREFORE, BE IT RESOLVED That the Village of Edina proceed to procure 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 lllayor and the Clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Motion for adoption of the Resolution was seconded by Kohler, and on Rollcall there were four ayes and no nays, as follows: Dickson, aye; Kohler, aye; Tupa, aye; and Bank, aye; and the Resolution was adopted. Jz&LJdOl& / Mayor Pro Tem Village Clerk FINANCIAL STATEMENTS PRESENTED. Balance Sheets for September 30, and Statements of Revenue and Expense for the period January 1 to September 30, for General, Park, Park Construction, Waterworks, Sewer Rental, and Liquor Dispensary Funds, were presented for Council review: AT ST: & CLAIMS PAID. dated October 27, 1958, and for Claim No. 9576, amount $200, to Postmaster, was seconded by Dickson and carried: Tupa's motion for payment of the following Claims, as per Pre-List General Fund $24,119.27 Construction Fund - 125,227.88 Park and Park Const. Funds 3 , 469 95 47 , 460 07 396 86 Waterworks Fund 5,593 . 43 Improvement Funds . 00 Liquor Fund Sewer R-ental Fund PIR, Poor, Temp. Improvements 100.00 $206,367.46 Tupa's motion for adjournment was seconded by Kohler and carried. at 1050 P.M. Meeting adjourned Village Clerk 1. 2. 3. 4. 5. 6. 7. rmum OF MEETING OF CANVASSIKG BOARD FOR EDIRA VILLAGE ELECTIOh HELD TUESDAY, IU'OVEMBER 4, 1958, AT 9:00 P.AL, AT EDIIBA VILLAGE HALL Aqeeting convened at 9:OO P.M. at Village Hall with all members of Village council acting as Canvassing Board for Village Election. Voting Machines in the seven Voting Districts, comparing them with returns of Election Officials; and it was then moved, seconded and carried that Canvassing Board finds the returns made by election officers to have been correct in all cases, and certifies the returns of the Village Election held ICovember 4, 1958, to be as follows: VOTI?!G DIST. NO. BEIIA HOOVER OLSON RAYKOXD V&I<BJgURG VOTE Wooddale School 973 3 01 64 19 212 1,569 Village Hall 500 417 105 47 242 1,311 Junior High 509 394 165 32 260 1,360 Concord School 29 1 678 154 46 497 1,666 Cahill School 236 503 72 60 217 1 088 Shepherd Hills 73 96 68 13 155 405 21 1 49 698 Members canvassed returns of TRUSTEE (1) Ray Mypn B. Richard E. Duke B. James VAN TOTAL Edina High. Schl, 245 . 227 56 - TOTAL RETURPS 2.827 2,616 684 238 1,732 z a 097 I I