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HomeMy WebLinkAbout19590309_regular84 i Members answering Rollcall were Dickson, Kohler and Tupa. presided. Mayor Pro Tem Dickson LIIMJTES of the Regular kleeting of February 23, 1959, were approved as submitted, by motion Kohler, seconded by Tupa and carried. PUBLIC HEARIKGS OPI PEQPOSED BLACKTOPPING ILIPROVEMB!TS: ing Resolution and moved its adoption: Tupa offered the follow- RESOLUTION DETERI.1INiNG ADSQUACY OF P, . B. C. D. E. A D B. C, D. E* 1MPROVEt.ENT PETIT I @IUS YIHEREAS, this Council has duly examined the following Improvement Petitions, filed with the Village Clerk, and heretofore presented to the Village Council on the dates hereinafter set forth: PETITIONS FOR THE BLA.CKTOPPING OF TEE FOLLOI\IIIG STREETS : Oaklavm Avenue frcm Dunberry Lane to Point Drive - Presented to Council October 13, 1958; and Point Drive from Dunberry Lane to Oaklatvn Avenue, and Point Drive from Oaklawn Avenue to Lake Cornerlia, and Judson Lane from Point Drive to ylooddale Avenue - Presented to Council October 27,1958. to 134 Ft. East; and Grove St. from Bernard P1. to 134 Ft. ??est - Presented to Ccuncil October 13, 1958 October 27, 1958; !'lest 6lst St. from Forslin Drive to Hansen Road - Presented to Council Xovembes 10, 1958; and Forslin Drive from 'Jest 61st St. to Hansen Rd. - Presented tc Council ttovember 10, 1958 Bernard Place from 'it.56th St. to VJ.57th St. - Presented to council October 27, 1958 Birchcrest Drive frc+m Hansen Road to Code Avenue - Presented to Council 14ovember 24. 1958 Bernard Place from U.57th St. to Grove St.; Grove St. from Bernard P1. VIest 61st St. from Code kve. to Forslin Drive - Presented to Council PETITIQ?!S FOE CC??STRUCTIQI OF STM!DARD VILLAGE CURB MID GUTTER IF! THE FClLLCCJIMG STREETS : '.'!est 61st St. frcm Cede kve. to Forslin Drive - Presented to Council October 27, 1958; ';!est 61st St. from Forslin Drive to Hansen Road - Presented to Council Rovember 10, 1958; and Forslin Drive from !Vest 61st St. to Hansen Rd. - Presented to Council November 10, 1958 Birchcrest Drive from Hansen Road to Code Avenue - Presented to Council Rovember 24, 1358 ?'!illian Ave. from :?est 51st St. to West 52nd St. - Presented to Council August 11, 1958 fshcroft live. frcm T1.60th Street to Valley View Road - Presented to Council Hovember 24, 1958 Bernard Place from 1'1.57th St. to Grove St.; IIorth side of Grove St. frcm Eernard Place to 134 Ft. East; P!orth side of Grove St. from Bernard Place to 134 Ft. ','!est - Presented to Council Qctober 13, 1958 I and said examination has proved that each and all of said improvement petitions have been signed by owners of more than 35 percent in frontage of the real property abutting on the streets named in the petition as the location of the improvement: Edina that the petitions hereinbefore named have all been signed by the required percentage of ovmers of property affected thereby, under Chapter 429 fJinnesota Statute s . NC?'I, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Motion for adoption of the Resolution was seconded by Kohler, and on Rollcall there were three ayes and no nays, as follows: Eohler, ayb; "&a, aye; and Dickson, aye; and the Resolution was adopted. Mayor Pro Tem Clerk then presented kff idavit of hblication of "llotice of Hearing" published in Edina-Korningside Courier on February 26 and March 5, 1959; and, pursuant to said Notice, the following Public Hearings \.rere conducted, and action was taken as hereinafter recorded: 1 m PUBLIC HEAR1P:G OP: PROPOSED BLACKTOPPING OF OAI<LA!'Rd AVBdUE FROLI DUIIBERRY LA&E TO 137 FT. ?'EST OF POINT DRIVE: POINT DRIVE FROX DUNBERRY LM!E TO k13D IICLUD- IKG CUL-DE-SAC: JUDSCI.' L&:E FROM FOINT DRIVE TO 160 FT. YEST. Engineer showed Vu- Graph slide of plan and property proposed to be assessed, and Manager read Estimate .. of Cost at a Total of $18,012.00, for $3.38 per Assessable Foot. There were no objections from the audience, and no written objections had been received prior to the Hearing. unanimously carried. Kohler's motion approving project was seconded by Tupa and {See Resolution of later in meeting, Ordering Improvements). 3/9/59 13P \ 34 FT. WEST. d, and Estimate of Cost was read at a Total of $5,512.63, for $3.32 Der Vu-Graph Slide was shown of plan and property proposed to be assessable foot. fabor of the project. objections had been received prior to the Hearing. was seconded by Kohler and carried. Improvements). MI-. Clarence Smith, 5704 Bernard Place- expressed himself in ~ There were no objections from the floor, and no written Tupa’s motion approving project (See Resolution of later in meeting, Ordering 3. PROPOSED CURB AND GUTTER IN BERNARD PLACE FROr.1 ln1.57TH ST. TO GROVE ST. : NORTH SIDE OF GROVE ST. FROM BENJARD PLACE TO 134 FT. EAST AND 134 FT. WEST. Slide was shown of plan and property proposed to be assessed, and Estimate of Cost Vtr-Graph was read at a Total of $4,743.38, for $3.24 per Assessable Foot. objections from the floor, and none had been received prior to the Hearing. LIanager Hyde asked the Council to consider the possibility of assessing 6ver a ten-year period (rather than the usual five-year term) on streets where curb and gutter and blacktopping are installed in the same year. this type of construction is to the Village interests, and a 10-year assessment cuts- the yearly total to the taxpayer. Mr. Clarence Smith, 5704 Bernard Place, talked in favor of this suggestion, and those members of the council present were agreeable to it. on record as favoring ten-year assessment for this and the Blacktopping project for the same streets, was seconded by Tupa and carried. is net an assessment hearing Council could not act, formally, for a ten-year assessment. There were no He stated Kohler’s motion, approving project and putting Council Note: Inasmuch as this (See Resolution of later in meeting, Ordering Improvements). 4. BLPtCI:T@PPIKG PROPOSED FOR VEST 61ST ST. FROM CODE AVE. TO HAI*?SEff E@FD, APPD FORSLII4 DRIVE FROM W.61ST ST. TO HAiqSEb! ROAD. Vu-Graph Slide was shown of plan . and property proposed to be assessed, and Estimate of Cost was read at a Total of s12943&.55, for $3.19 per Assessable Foot. floor, and none had been received prior to the Hearing. project was seconded by Tupa and carried. Ordering Improvements). Idote: to assessment method and term. There were no objections from the Kohler’s motion approving (See Resolution of later in meeting, See action on next project for information as I 5, PROPOSED CURB AND GUTTER IN WEST 61.3’. ST. FROM CODE AVE. TO HAI\!SEIJ ROAD, NID FORSLIIJ DRIVE FROM W.61ST ST. TO HANSEh! ROAD. Vu-Graph Slide was shown of plan and property proposed to be assessed, and Estimate of Cost was read at a Total of $12,043.50, for $3.09 per Assessable Foot. There were no objections from the floor, and none had been received prior to the Hearing. explained that, because of the odd shape of some of the lots, a per-lot assess- ment nay be more equitable than the usual per-foot assessment for this area, although petitions were signed at the per-foot basis for both this project and the one immediately preceding. basis is $346.110 for the Blacktopping; $334.00 for Curb and Gutter. Hyde recommended a ten-year assessment for this and the preceding project. Kohler’s motion approving project and putting Council on record as favoring ten-year assessment for both Curb and Gutter and Blacktopping, as well as per-lot method of assessment, was seconded by Tupa and carried. (See Reso- lution of later in meeting, Ordering Improvements). Because ‘chis is not an assessment hearing, Council cannot act, formally, to establish assessment term or method. Manager Hyde He told audience that Estimate on a per-lot Fdlanager Note: 6* PROPOSED BLACKTOPPING IN BERNARD PLACE FROM W.56TH STREET TO W.57TH STREET. Vu-Graph Slide was shown of plan and property proposed to be assessed, and Estimate of Cost was read at a Total of $4,206.00, for $3.51 per Assessable Foot. There were no objections at the Hearing, and none had been received prior thereto. Tupa’s motion approving project was seconded by Kohler and carried. (See Reso- lution of later in meeting, Ordering Improvements) . 7. Vu-Graph Slide was shown of plan and property proposed to be assessed, and Estimate PROPOSED BLACKTOPPING IN BIRCHCREST DRIVE FROM HkiSEId ROAD TO CODE AVENUE. of Cost was read at a Total of $7,658.40, for $3.09 per Assessable Foot. (See action taken at next hearing) - &e PEOPCISED CURB AIID GUTTER IN BIRCHCREST DRIVE Fl?Ol”d HANSEPI ROAD TO CODE P,VEI.RJE. Vu-Graph Slide was shown of plan and property proposed to be assessed, and Estimate of Cost was read at a Total of $7,622.73, for $3.07 per Assessable Foot. Manager Myde once again recommended a ten-year assessment, for this and the preceding project. asked for a per-lot assessment on this street, and was advised to do.some promotional work among his neighbors--the Estimate being $255.23 per lot for Blacktopping; $254.09 for Curb and Gut€er. Kohler’ s motion approving projects and placing Council on record as favoring ten-year term of assessment for Blacktopping-Curb and Gutter was seconded by Tupa and carried. (See Resolution of later in meeting, Ordering Improvements) . The owner at No. 5301 Birchcrest Drive (the largest lot in the block) 86 3/9/59 9. PROFXED EL,!C;~~~::C FCY: CTHY L.VZ FPPY CCC\~T xm:t.is re! ,m T~CLU~G CUL-DE-SAC. assessed, and Estimate of Cost was read at Total of $2,@?7.60., or $2.01 per Assessable Foot; hcv:ever I:anager Hyde explained that this estimate is high becauGe property ol:mers have been assessed for l'blacktop replacement" as part of their underground construction assessment2Ad th%v$?JPin,q only part of this project to be assessed will be the grading,/wnxcff \vi 51.09 to $1.25 per assessable foot. >lr, George Porter was present, to suggest that the per-lot methcd of assessment be used for this project. no objections tcr the project frcm the floor, and none had been received prior to the Hearing. been instigated on the Council's own motion to correct a drainage problem, lupa moved for continuance of Hearing until such time as four members of the Council are present to ta!:e action. ?ru-Graph slide was shovm of plan and property proposed 40 be co e to approximately There v:ere Eecause this was not: a petitioned project, hovrever, having I :.iotion seconded by Kohler and carried. 10. PE@P\3SED CURB EED GUTTER IF: 'JILLIAf.1 AVEIZE FROtI YJ.51ST ST. TO II.52iID ST. Vu-Graph slide was shown of plan and property proposed to be assessed, and Estimate of Cost vias read at Total of $3,688.85, for $3.07 per Assessable Foot. Kr. Felix Sutkoviski, owner of 5141-5145 William Avenue, objected on ground he is already paying for improvements on IY.52nd St, and this proposed project adds unwarranted expense. Hearing, and no objections had been received prior thereto. Tupa's motion approving project 1:ias seconded by Kohler and carried. (See following Resolution) . There were no other objections registered at the 11. PR@F@SED CURB Xd:D GUTTER It! ASHCROFT AVEI':UE FRCltl %'.GOTH ST. TO VALLEY VIEY ROAD. assessed, and Estimate of Cost was read at Total of $4,230.35, for $3.03 per Assessable Foot. There vere no objections from the floor, and no written objections had been received prior to the Hearing. project was seconded by Tupa and carried. (See following Resolution). Vu-Graph slide was shown of plan and property proposed to be Kohler's motion approving Tupa offered the following Resolution and moved its adoption: RESOLUTION ORDER IXG I i"APROW."EI !T S BLACI\'OPPII%!G N!D CURB AI!D GUTTER I:.lP2OVE~.lZEI:TS BE IT RESOLVED by the Council of the Village of Edina, I.linnesota, that this Council heretofore caused notices of hearing to be duly published on the follovring proposed improvements; and at the hearings held at the time and place specified in said notice the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements; that said improvements are hereby desig- nated and shall be referred to in all subsequent proceedings as follows: I. B €!ALE OF Il.;Pi?O VEIilB ;T &AC:CTOPPIi!G - Oaklavm Ave. from Dunberry Lane to 137 Ft. YJ. of Point Drive; Point Drive from Dunberry Lane to and including cul-de-sac; Judson Lane from Point Drive to 2. EUCLTOPPIIIG - Bernard Place from 1'1.57th St. to Grove St.; Grove St., Bernard P1. to 134 Ft. E.; Grove St. from Bsrnard F1. to 134 Ft. 3. 3. CURB AXD GUTTER - Eernard Place from Y1.57th St. to Grove St.; ilorth Side of Grove St. from Bernard P1. to 134 Ft. E. and 134 Ft. :?. Forslin Drive frcm !Yo 61st S-is. to Hansen Road c 160 Ft. :;rest STREET 1XPEOVEIEi.T iIO. A-132 It It I:O. ,1,-133 It It 120. B-55 It I1 20. A-134 4. 3LACIT'OPPII:G - 3.6lst St. from Code he. to Hansen Rd.; 5. CURB iX:D GUTTER - K.61st St. from Code hve. to Hansen Rd.; 6. ELJ?CIX@PFI~~G - Bernard Place from W.56th St. to I'J.57th St. E. CURB I-J:D GUTTER - Birchcrest Drive from Hansen Rd. to 9. CURB AIiliID GUTTEE - Yilliam Ave. from :'].51st to yj.52nd St. It Forslfn Drive from '2. 61st St. to Hansen 2oad It It i!O. E-56 It i!O. A-135 7. BL1,CECTOPPIi:G - Birchcrest Drive from Hansen Rd. to Code It tr i:O..4-136 * It 11 I iiQ. B-57 I1 i .O. B-58 View Road. 132. B-59 Code Ave. 10. CU2B .KD GLTTER - Zishcroft kve., !'J.GOth St. to Valley 11 It and the areas to be specially assessed therefore shall include all lots and tracts of land abutting the respective streets prbposed to be improved. EE IT FLIRTHER RESOLVED that this Council go on record as recommending an assessment term of ten years for the following projects: .i.-134 2 E-%; L-136 STREET IXPROVEXELTS ;:ctS. A-133 t, B-55; 2-57; and as recommending the ttper-loLL't method of assessnent for STREET I;.iPT.a!rE'iE ,TS i:CG. it- 134 E B-56. :dotion for adoption of Eesolution was seconded by Kohler, and on Eollcall there vere three ayes and no nays., as follows: eickson, aye) Kohler, aye! and Tupa, ayegTand I the Resolution was adopted. 1 t w&Jm Payor Pro-Tern 8 'I 3/9/59 I-!TGbhV!','f l!b. 169 RELoC!\ATIOPV' SOtf'rH Of: H&%ii ROAD PbOTESTED. 500@ Johnson Urive, supported the petition he filed, protesting recent action by the Council approving the Highway Department's plans for the .relocation of Highway IJo. 169 frcm Hansen Road south, on the grounds that "the action taken was arbitrary; without any regard or consultation with the property owners involved, and because of the decline in value that will occur to our property". Manager Hyde reviewed for )Are Boerger the history of the Council's action; and to Mr. Boerger's question on the reason for the action, Jdr. Hyde replied that action was taken principally because this proposed route will take less residential property than any of the others proposed and will be economical to construct. flir. Roger Boerger, 1.. ' HIGHWAY NO. 100-BENTON AVENUE. INTERCHANGE PROTESTED. Petition protesting State Highway Department plans for the Highway No. 100-Benton Avenue interchange was submitted and ordered placed on file. SAJJITARY SEVJER PETITION-YORK AVE. FROM 600 FT. S. OF W.61ST ST. TO CROSSTMI HIGHUAY- REFERRED TO ENGIhEER FOR FURTHER INVESTIGATION. This petition, filed previously with the Clerk and submitted this evening, was referred to the Village Engineer for further investigation upon Planning Director's report that a portion of the land is not yet platted e I REQUEST FOR CONTRIBUTION FOR HENNEPIN COUNTY FAIR DENIED. cultural Society's annual request for an Edina contribution toward operation of Hennepin County Agri- the Hennepin County Fair was denied by common consent. WATER METER CONTRACT PJ'JARDED TO BADGER METER MFG. CO. Jvlanager Hyde reported that, pursuant to advertisement for bids for tvater Meters, published in Edina-Morningside Courier and construction Bulletin on February 12 and 19, 1959, two sealed bids were received and opened'on March 6, being the bids of Badger Meter Mfg. Co., and Hersey Mfg. Co. Co. to be low bidder far all sizes of meters; and PAr. Hyde recommended award of contract to low bidder. Tabulation of bids was presented, showing the bid of Badger Meter Mfg. Tupa so moved; motion seconded by Kohler and carried. 4817 W. 60TH ST. (LOT 1, BLOCK 1, CODE'S FIRST ADDITION) - 5-FT. SIDE-YARD SETBACKS APPROVED, Mr. Hite reported the Planning Commission's March 4.th recommendation for approval of requested 5-foot side-yard setbacks at this address; said recommendation having been given after public hearing at which no objections were registered. Kohler's motion, that Council approve 5-foot side-yard setbacks for this property was seconded by Tupa and carried. PLNJNING COLQAISSIOhJ ACTION ON ZONIfJG REQUESTS REPORTED. the Planning Commission's March 4th action on several zoning requests as follows: EDINA-RI@RiW!GSIDE SCHWL BOARD - Request to rezone to Community Store - Southeast Corner at 70th and Cahill - Request denied until adequate plan for entire area is submitted. (44-5 Valley View Road) - Tabled pending further study. Acres for Pulti-family - Request denied in view of fact this property is already zoned d ou hl e bung a 1 ow. 70th Street for Office Building - Request denied pending study for entire area. Cameron-Cahill Grocery) to Community Store - Request denied pending study for entire area. 1:o action taken by Council. Manager Hyde reported 1. I 2. 3. JOHN YELLAND - Request to rezone to Community Store - Parcel 7420, Sec. 30 EDYARD GREIG - Request to rezone N1/2 of E1/2 of Lot 1, ~l. 1, Peacedale 4. 5. LYLE OTTO - Request to rezone Northeast Corner of Limerick Lane and West JOHN CAhIEROl: - Request to rezone Parcel 2800, Sec. 59 Twp.116 (just east of POST OFFICE REQUEST FOR REZONIPJG TO CCf~@.WMITY STORE DISCUSSED--AREA IFL~LEDIPSTELY ?EST OF HOOTEN CLEPJJERS AT HALIFAX AVE3JUE AND IV.4e STREET. Planning Commission's action of March 4, denying this request, was reviewed and discussed at some length. /Ire Wilson of the Post Office was present to tell the Council that, after much investigation of various tracts in Edina he feels this to be the tract which will best suit the needs of the Post Office; that other tracts wnich are sufficiently large are either unavailable or in the wrong location; that, unless this property is secured it may be necessary to locate the post office outside Edina. statements were those given at the March 4th Planning Commission Meeting, and are fccrrded An detail in the minutes of that meeting. A delegation of W.49th Streetand n@.C$?b&%, led by Messrs. C.K. Katter, Rosewell Rehnke and A.C, Fjeldstad, objected to any rezoning, stating they had been promised by previous Council that the parking lot-ban!: would be a buffer against future commercial encroachment; that this proposed rezoning would devaluate their properties; and that the noise of mail trucks and scooters would be a nuisance to them. Mr. Nallin and MIe Haertzel, representing the Chamber of Commerce, were present to ask that the Council keep the post office in Edina if possible. Mayor Pro Tem Dickson told audience that this Council can take no action tonight5 except to call a public hearing on the request; that he feels full Council should be present before any decision is reached. biatter tabled until such time as all five members of Council are present. His 3/9/59 e,!& :!t,YA i",f$UEST - CJGH,'ILY #I69 JUST UQSTH OF EDEl AVE.UE - REQUEST DEKIED. reviewed Planning Ccmiiission's ;.larch 4th recommendation that this request be denied on grounds that this is not a desirable use of the land. is in decided agreement with the Commission and wants to so go on record, moved for denial of the request. i.:oticsn seconded by Tupa and carried. Council Trustee Kohler, stating he VARIAXCE REQUESTS TO EE Ii: PUBLIC HEAR1F.G BEFORE PL:'d?P!II:G C@;.C.IISSIO:I. fiarch 4th recommendations v:ere reviewed as to the following requests: Commission s 1. 2. CLAYTOIJ I'.IILLER REJJEST FOE 5-FOOT SIDE-Y1.R.D SETBI'CMS 0.. L@T 9, BLKX 1, BUD JOHI!SCX RECJJEST FOR SIDE-YARD SETBi'CKS FOR D3UBLE B?JL.GN..@I'J Ol! LOT 1, ZARICF! GAEDEE (4805 U. 60th St.) BLOCK 1, FA;f;.EER ' S A'iDDTTIO?! 1. and referred both natters back to Planning Comission for public hearings before that body. PUSLIC HEARIlIGS SCHEEULED Ob! PETITIOKS FOR PEWXTS TO FACE DJELLIidGS THE L@?IG 'JAY OF THE LOT. following petitions, were reviewed; and Tupa's motion, scheduling Public Hearings on these petitions for ;.!arch 23, was seconded by Kohler and carried: Planning Commission's favorable recommendations of tIarch 4th, on the ' 1. 2. 3. R. LUiiERBs! REQUEST - LOT 1, ELCCK 8, NORMAFfDALE 2KD ADDITIC,! (64.00 b'larren A.1.:. CAWSOX REQUEST - LOT 1, BLOCK 5, LAEUEix!li VISTA (5500 IAcGuire Road) - A.LI. CARLSOil REQUEST - LOT 4, BLOCK 5, LABuEiiA VISTA (5512 LIcGuire Road) - Ave.) - Petition to face dwelling on V1.64th St. Petition to face dwelling on ~ook Drive. Petition to face &::elling South on McGuire Road. 1D'IL::'GOD FOUZTH ADDITICE PRELIXIIJARY XEFERRED BljlCG TO PL!%NILG COXlISSICh! . This Preliminary Plat vias presented by 3r. Hite to the Planning Comnission, with report on Planning coxmission's !,:arch 4th recommendations for approval (subject to many stipulations as recorded in minutes of Commission's meeting). neighbors, led by I.Iessrs. Robert Short and L. J. Bonn and Dr. Eemole, protested this proposed plat because of the lot sizes. Comqission has considered this, but that because the lots do meet the minimum requirements there is not much which can be done to require the developer to increase the size. willing to purchase the *LUG tracts, rather than take dom a row of trees. Zif:an reported that there is a drainage problem in this area rinich should be solved. Kohler's motion, that plat be referred bac!c to the Planning Comission with the information that the neighbor does not wish to dedicate a road, and that tine people present tonight be informed of the date of the future Planning Cormission meeting, was seconded by Tupa and carried. k delegation of They were informed that the Kr. Short objected to dedicsting half a road, stating he is I.!!. FUELIC HEARIiIG SCKEDJLED C:: "PFAFF FIRST ~LIDITICK" PLAT. being a 3esubdivision of Lot 16 and the IIorth 1/2 of Lot 15, Bloc!: 2, Peacedale Acres into four lots (one of vhich does not meet'zoning Ordinance requirements, having a frontage of only 57.5 feet) was presented carrying the Planning Carmission's ?.?arch 4th recormendation for approval subject to public hearing. Tupa's motion, accepting Planning Comjssion's reccmxendaticn and scheduling Public Hearing for :.";onday, :,larch 23, was seconded by Kohler and carried. This Preliminary Plat, DC:.;;A DELL ADDITICI P~EXI~X!WL' PLAT APPROVED SUBSECT TO 07JTCOKE OF PIJELIC EE.R!'i G SZHECTEED FC? IIIEGH 23. This Freliminary, being a Resubdivision of Lots 2 through 23, Block 13, Formandale 2nd Addition, YJ~S submitted nith the deiveloper's request that he be allowed to keep the 5-fOot side-yard setbacks vrhich aould hav,? baen permissible in this block had he not replatted. (His subdivision divides several 50-foot lots into lots frcm 62 to 78 feet wide). Ccmrission's IJarch 4th recormendation vias for approval of plat subject to an engineering chec!:. It nas noted that Council nust canduct a public hearing on the matter of the setbacks, and the developer stated that unless he can receive the setbacks permits he does not nish to plat. approved, subject tr! ovtcme of a public hearing on setbacks to be scheduled for ;.!arch 23. ::otion seconded by Tupa and carried. Kohler's motion that Preliminary Plat be S@SEl::D>HL'S HI:'KES L'KE FRELII.;I;"lARY PLAT APPR@VED. presented, carrying Planning Commission's !.larch 4th recormendation for approval subject to signing of utilities agreement, park dedication and receipt of grades and profiles. Tupa's motion accepting the Planning Commission's recormendations aas second.ed by Kohler and carried. This Preliminary Plat was SPLIT OF LOT I. BLOCK 4, L.T,ELTEi.ii VISTA DEi.I%D. Planning Commission's ;.:arch 4th reconmendation for denial of this request by Ere liario Bonello, vias reviewd in detaif, and Kohler moved that Council accept Commission's recoinmendation and deny request. OTTO'S THIRD ADDITIO. FIiIJL PLAT APPROVED. recomeqdation for approval of this Final Plat, subjecl to signin agreement, proT.4sion of temporary turn-around, and engineering ap3rosraI oi graaes alid profiles Gas subxlitted to Council. accepting Con?,.ission's recornendations and approving Final Plat was secorided by Tupa alld carried. !Zotion seconded by Tupa and carried. Planning comissiont s ::arch 4th of tivt-e After soxe discussion, Kohler's motion ' 89 3/53/59 HEARUJG SCHEDULED ON UACATION OF ALLEY . recommendation for approval of vacation of "The Cast-West alley lying between Lots I, 2 and 3, Block 2, Stevens First Addition and Lots 4 and 7, Block 2, Stevens First Addition" was reviewed, Commission's recommendation carried provision for utilities easement. Kohler's motion, scheduling Public Hearing on Edina Covenant Church's petition for alley vacation was seconded by Tupa and carried, Planning Commission's March 4th COUNTY ROAD NO. 18 PLAN DISCUSSED, Mr, A. L. McKay of the County Engineer's Office was present9 and was told by Manager Hyde that the Village Park Eoard and Planning commission have given general consent to the new plan for County Road No. 18, with the understanding that the County will reimburse the Village for the park land taken, at some reasonable price in order that the village can get other park land; also contingent to some agreement with the County concerning maintenance of present County Road No, 18 for some time after the new county road is built, Mr. PilcKay told the Council that the normal procedure would be. to give the present road to the Village just as soon as the new road is constructed; that, if an agreement such as that proposed by Ab. Hyde is to be made it must be'withh' the consent of the County Board. he will attempt to have a meeting with the County Commissioner's office, to discuss these matters, Mr0 Hyde told Council ED IN A-COUIfiTY -HO PK INS JOINT SEWER HEARING OD1 SCU SSED . Eng in e er Zi I: an advo c at ed some arrangement whereby the County will install a storm sewer pipe in County Road No. 18, large enough to serve that part of Edina which could drain into it, Edina to pay its share at the time it connect5. He said he feels it would be impractical to install sewer for the County and Hopkins now, with Edina to come in with another sewer at a later date. Ab. LlcKay's answer was, "But where are we (County-). to get the money?" He stated that any such arrangement would be for consideration by the County Board, and P.k. Hyde thought that perhaps a meeting could be arranged to discuss it. HEfii!RING SCHEDULED ON "VARIANCE" AMENDMENT TO ZONING ORDINATKX. Planning Commission's recommended approval on proposed "Variance" amendment to the Zoning Ordinance was discussed by the Council, and Public Hearing on same was scheduled for Monday, March 23, by motion Kohler, seconded by Tupa and carried, PLATdNIPJG FUNCTION FEES TO BE CHARGED. recommendation for a charge of fees for functions performed by the Planning Commission came before the Council for discussion; charges to be for Subdivisions, Zoning Changes, Special Permits, Variances, Street and Alley Vacations, and for I;llining--which last would be at 5 Mills for each cubic yard of material removed. Council was in agreement on the proposed charges for all but Mining; was notlyet ready to consider the Mining provision. Kohler's motion9 directing Village Attorney to prepare Ordinance imposing those fees recommended by Planning Commission, with exception of Mining charge, was seconded by Tupa and carried. Planning Commission's March 4th I.IIIPJNETONKA TRAILER CAMP EXTENSIOl4 3BJECTED TO BY EDINA PLANNING COI.D,4ISSI@N , Edina ' Planning Commission's action in recommending to Minnetonka Planning Commission that petition for extension of trailer camp be denied was reported to Council. MIGKELSOI\I RESTAURAJJT-DRIVE-IN PROTESTED. JAr- James Streit, 6612 Xerxes Avenue, inquired about status of building at the Southwest corner of 66th and Xerxes, Hyde informed him that, last Friday, a building permit had been issued to Robert Vi. hlikkelson for a restaurant,with drive-in feature on south side of building. ME, Streit protested vehemently, reminding Council of a petition in protest to such a building, presented some time ago. legal basis on which to avoid issuance of permit because this land useage is permitted in the Regional Shopping District. had been informed of this at a previous hearing on a proposed vacation of York Avenue. of the building, Council being in agreement that this service should be elsewhere in the building since the residential area is to the south, Kohler moved that Village Manager be instructed to notify the builder that because of health and public safety hazards and the close proximity of a residential area to the south the Council looks with disfavor upon drive-in service from the south of this building, and will look with disfavor upon issuance of a restaurant license ulbtil driveway for drive-in is on the north side. carried. Council also discussed possibility of withdrawing the building permit and rezoning the land. Pkr. Mr, Hyde stated that there is no He reminded Mr. Streit that neighbors Some considerable discussion was had by Council on the drive-in feature Motion seconded by Tupa and HEALTH REGULATIOKS FOR DRIVE-IN RESTAURANTS ADVOCATED. During the above discussion, Council heard Manager recommend adoption of an ordinance covering health regulations for drive-in restaurants, so that they may be better controlled, directed to investigate matter preparatory to adoption of ordinance. idanager waa 9 iF 3/9/59 HfGHLJ1:DS Pt'.F% PLt'IT CFFPOVED Mdb IfiPRB\tEtiC!T BTDS AUTNOREED. French was present to suhnit "Development Plan for 1959", dated i;osember,l958, Par!:s Director I 1 by Harrisen E'Associates, and to ask for authority to take bids for improvements necessary to develop. the neighbcrhocd and the Park Board's taking of the suggestions that could be used. the imnediate neighbors; that they object principally to the baseball fields and the tv.~ parking areas; but that it is his opinion that there is a very strong majority in the "park service area" vho are in favor of the development. Two ladies frcm the imediate neighborhood were present, one protesting the baseball fileds, and the other asking for "some facilities for girls". Discussion vas had concerning tennis courts, with :.fro French explaining that the cost of first class courts is about $12,000; that park board just does nct have this kind of money for development now. Trustee Tupa asked if there is a possibility of locating courts in this par!: at a later date and was assured by 32. French that courts are a part of the plan. Objection vas registered on the extensive use of the baseball fields, and 1.k. French stated that the field will not be used each night, as it was last year, park board to investigate thoroughly the possibility of adding tennis courts to Highlands Park this year. Kohler's motion that Development Plan be approved and that authority be granted for advertisement €or bids of improvement of park in accordance with plan be granted. Kotion seconded by Tupa and carried. ARDB! PAR?: If:?E@VEtlE1!T BIDS AUTHORIZED. Kn. French informed the Council that the State Conservation Commission has granted permit for the rerouting of Ii;innetiaha Creek through Arden Park. for bids for improvements in accordance with plan entitled "IJaster Plan, 52nd E Arden Site", as revised 5/58 and 7/58. improvement bids in accordance with this plan vias seconded by Tupa and carried. He explained that this plan is the result of talks in fk. French told the Council that objections to development come from I Council directed He asked that Council grant authcrity Kohler's motion granting authority for AQUATE:IJIAF. S.'JXXiIKG ;.ET TO BE HELD IN EDIRA- FCZOL JULY 25 tC 26. reported the Park Eoard's recommendation that the Aquatennial Svrimining iket be 15. French held in Edina Kunicipal Pool again this year. concerning season-ticket swimmers' not being allOVJed in the pool during this meet (which is being held Saturday and Sunday this year) could hen ygrcome by notice at time seasons tickets are purchased; that any loss in/%m!&sions probably could be made up by profits ta be made at the concession during this two days. was seconded by Kchler and carried. TAW DEL1i:QUG:T PROPERTIES DECLARED "FOR SALE". ~VJO tracts of land in Edinbrook Addition, reported by the County faditor's Office to be tax delinquent, will not be of use as parks or playgrounds. Engineer Zikan added he believes plans for Highway 140. 100 will take at least part, if not all, of one lot.: Kohler, suggesting that County be made aware of Highway's plan, offered the following Resolution and moved its adoption: He said tha'i any-difficulty Tupa's motion, granting permission for meet to be held at Edina Pool, I kr. French reported that tlje RESOLUTIO?! DECLARIP!G TAX DELIIQUEE*!T L Ai 1DS "i!@;J-CO!JS ERVATI 013 'I Ai ! D FOR SALE K'HEREAS, The Ilillage Council of the Village of Edina, Hennepin County, Minnesota, has received from the County Auditor of Hennepin county, :Iinnesota , a list of lands in said village which becane the property of the State of Llinnesota under the provisions of law declaring the forfeiture of lands to the state for non-payment of taxes, which said list has been designated as Classification List "461-C11, February 24, 1959; and YbHE2EAS, each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, IJinnesota as non-conservation land and the sale thereof has heretofore been authorized by said Eoard of County Commissioners: to Liinnesota Statutes for 1949, Section 282.01, Subd. 1, that the said classi- fication by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. The question YJ~S on the adoption of the resolution, and the roll being called there were three apes and no nays, as follows: i:Q?/, THEREFORE, BE IT RESOLVED, by said Village Council, acting pursuant Kohler, <$pe; 'Tupa, aye; and Dickssn, aye; and the Resolution was adopted.- ,: 76 // /' Village clerk 3/9/59 91 rI.@'ro!lElAEhT Hl%?lfjG$ $C!-!EouEkD. Engineer Zikan presented tentative plans and --r estimates of cost nn sevsral improvements, and Manager Hyde suggested that Hearings ba held as soon as possible, so that work might be expedited. offered the following Resolution and moved its adoption: _. Tup RESOLUTION PROVIDII\!G FOR PUBLIC I-IEAEIIIGS PROPOSED BLACKTOPPI t!G IT.lPROVEM3 JTS BE IT RESOLVED by the Council of the Villaqe of Edina; 1. The Viliage Engineer, having submitted to the council a preliminary report as to the feasibility of the proposed Blacktopping Improvements described in the Form of FJotice of Hearings set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. the Edna Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. The clerk is hereby authorized and dfrected to cause notice of the time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second of vtnich publications is to be not less than three days from date of said meeting, which notice shall be in substantially the following form: 2, This Council shall meet on Ivlonday, March 23, 1959, at 7:OO P.M.? in 3. I NOTICE OF PUBLIC HEARII\!GS ON PROPOSED BLACKTOPPING IMPROVEMENT NOTICE IS HEREBY GIVEN that the Edina Village council will meet at the Edina Village Hall on Monday, March 23, 1959, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Lam of 1953, Chapter 398. estimated by the village Engineer as 'set forth below:, COI'!STRUCTION OF BITUPiII\lOUS SURFACE TREATPENT IF! THE FOLL@TJII!G STREETS : The approximate cost of said improvements is ESTIM!,TED COST 1. Cornelia Drive from !1'.66th St. to W.68th St, 4; 7,951.80 2, West Shore Dr. from VJ.70th St. to Dunham Dr. $ 7,886,47 3, Pine Grove Rd. from Blake Rd. to \qj!J.Highwood Dr.; 1.4.Highwood Dr. from Pine Grove Rd. to S. Line of Idylwood 3rd Addn. $ 9,428052 4. Dundee Rd. from 5400 through 5517 $ 4,566.12 5, Southcrest Drive from Upper Terr. to W.66th st. $1 0 , 609 . 75 6. VJooddale Ave. from ~~70th St. to Belvidere Lane $ 4,726.15 7. Knoll Drive from Blake Rd. to Schaefer Rd.; South Knoll Dr. from Blake Rd. to Schaefer Rd, $18,420.79 The areas proposed to be assessed for the cost of said proposed improvements include all lcts and tracts of land abutting the respective streets proposed to be improved. I GRETCHEIJ S. ALDEN Village Clerk Motion for adoption of the Resolution was seconded by Eohler, atd on.Rollcal1 there were three ayes and no nays, as follows: Kohler, aye; Tupa dd Dickson, aye; and the Resolution was adopted. HARRISON-HARRIS CONTRACTUAL ARRARGEMENTS FOR HAYS FARM PARK PLP&i\JII\lG TO BE CLARIFIED BEFORE FIRM COP!nITMEDJT MADE. Board's recommendation that Harrison S Associates be retained to study park planning for the Hays Farm. matter of Mr, Robert Bruce Harris's resignation from the project, to be sure that he will not expect to be paid for services which Harrison will assume, before entering into any agreement with Harrison. Trustee Kohler inquired as to the Park Council directed Manager Hyde to clarify the SUIWYSIDE !'JATERMAIII REPLACEMEiiT APPROVED: COST TO BE PAID EY WJATERVJORKS FUI!D. LIanager Hyde reported that the 2" watermain in the West end of Sunnyside Road is so badly worn that installation of a valve would probably csack it beyond any hope of repair. af the ';laterworks fund; also recommending that, if possible, the main be connected with the Edinbrook main to form a loop. He reported, however, that this last will be very expensive because the State has recently tightened its specifications for creel: crossings, making the cost almost prohibitive. Zikan will meet with the State Board of Health to see what can be worked out. It was concensus of those present that replacement of this main at waterworks expense will be satisfactory. He recommended installation of a new 6" main, at the expense He told Council that IJ~. 5/9/59 9 2 SU€?EDTVIS~Cl! Of: LOTS ;.PPZ@VEtf3 BY RESCLU?'ltCi*l. Herbert ti. Bloomberg's petition for Ccuncil action affirming, in detail, its acticn taken !,!arch 12, 1956, for the subdivision of tno lots in Colonial Grove Third Additicn, was considered, znd Tupa offered the following Resolution and moved its adoption: RESOLUTIOM APPEOVING SUBDIVISICN OF LOTS I WHEREAS, petition has been presented for affirmation of Council's action, taken :.larch 12, 1956, with regard to subdivision of Lots 5 and 6, Block 2, Colonial Grove Third Addition; and YJHEREAS, said ~WO lots have been subdivided in accordance with said !.:arch 12, 1956 Council action: EOY15 THEREFORE, BE IT RESOLVED that this Council hereby affirm its action taken March 12, 1956, to approve the subdivision of Lots 5 and 6, @lock 2, Colonial Grove Third Addition into the following tracts: 1. All of Lot 5 except that part thereof lying Northeasterly of a line dram parallel with and distant 5 feet Southwesterly of, measured at right angles, to the Northeasterly line of said Lot 5, and also that part of Lot 6 lying Northeasterly of a line dram parallel with and distant 25 feet Southwesterly of, measured at right angles to the Kortheasterly line of said Block 6, all in Colonial Grove Third Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for the County of Hennepin and State of TJinnesota. 2. 'That part of Lot 6 lying Southwesterly of a line dram parallel with and distant 25 Eeet southwesterly of, measured at right angles to, the Eortheasterly line of said Lot 6, Block 2, Colonial Grove Third Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and €or the County of Hennepin and State of IJinnesota. ;.Totion €or adoption of the Resolution was were three ayes and no nays, as follows: and the Resolution was adopted. Village Clerk I ST@R?.l SE'IER EASEI.EE!T TO BE REQUIRED FOR "OTTO'S fi~?&iOR". !:E. Zikan recommended that Council require the filing of a storm sewer easementfor this plat, located just I'lest of Bookvien Avenue, and, by common consent, ZIr. Zikan was directed tn secure this easement €or the Village. CLAIIJS PAID. Kohl8r's mbtZon €or payment of the following claims, as per Pre-List dated Karch 9: General Fund $10,073.67 Sewer Rental Fund 24.47 Park Park Const.Funds 675.58 Poor Fund 176.08 Waterworks Fund 153,864.56 TOTAL $206,551.36 Liquor Fund 41,657.00 and fcr payment of Claim ?:a. 10567, amoubt $3,698.61, for Poor Fund Inves-kments, was seconded by Tupa and carried, Tupa's nation for adjournment was seconded by Xeeting adjourned at 10:20 P.1.1. Eayor Pro Ten