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HomeMy WebLinkAbout19590323_regular94 ) :.:embers answering Rollcall were Beim, Dickson, Kohler and Tupa. Diclxon presided in :.:ayor Eredesen' s absence. :.layor Pro Tern LZPBTES af 3etings of :.larch 5, and 11, 1959, were approved as submitted? by motion Xohler, seccnded by Tupa and carried. PUBLIC EEA?IiiGS CY: F3XC'SED IilDR@VE?.iEXTS. cation in Edina-L:orningside Courier on i.;arch 12 and 19, 1959, of "I:otice of Public Hearings on Frrposed Elacktcppi ng", which aEfidavit vas approTred as ta form and ordereJ placed on file; and, pursuant to said notice, the follcwing public hearings were held and actions taken: X.66TH AND Y.68TH STREETS. $7,951.80, for 53.58 per Assessable Foot. Clerk presented i;ffidauit of Fubli- I 1. FUBLIC H3RTI:G CP! PZOFQSED BLlj,CKTOPPIKG OF CC'?J!ELIA DRIVE BET:'IEEI*: Vu-Graph Slide was shown, and cost was given at Manager Hyde explained that althcugh the petition filed was for the improvement between M.66th and W.70th St., there is a chance that a storm sevier will be constructed, this yeax, south of Y.6Eth Street, that if this storm sewer is installed it will probably not be until late in the summer, and for that reason this improvement has been planned to 68th street only. C. J. Royce, 6808 Cornelia Drive, asketi that the blacktopping be delayed until curb and gutter is constructed; and it%. Hyde told audience that curb and gutter construction this year would do tao things-- vrould reduce the cost of blacktopping, and would allow assessment for both projects over a ten-year period. 1.k. c. D. Rademacher, 6620 Cornelia Drive, told Council that vhen blacktopping petition was circulated he polled the people between :?.46Ph and yi.68th Streets concerning curb and gutter; that none of them was interested, although he is in favor of it. Kr. Jerry Remole, 6621 Cornelia Drive, stated that he, too, wcruld like curb and gutter. discussiori in the Ccuncil, Eohler moved approving Blacktopping Project (See Eesolution of later in meeting, Ordering Improvement) and calling Public Hearing on Council's ovm motion for curb and gutter in Cornelia Drive between 1;~.66th and "1.68th Street, fcr Xonday, April 13.- 2. PUBLIC HEARIPIG Cf! PR0FY)SED BLACKOPPIPLG OF VEST SEORE DRIVE FRO!': 'J.70Ti-I STREET TO 4lUt;HXE DXVE. far 33.61 per Assessable Foot. Pfter scme Motion seconded by Beim and carried. Vu-Graph Slide vias shown, and cost was given as $7,886.47, It vias noted that petition for improvement has I been signed by omers of 42.6:; of the front footage along the street, and Clerk reported having received supplementary petition, signed by I.kssrs. J. Kirkland, 7020 I'lest Shore Drive; Jcihn H. Palmer, 7117 Yest Shore Drive; James s. Jensen, 4529 Eelvidere Lane; and John H. Lein, 4520 Dunham Drive. tIr. Jensen, stating his principal concern is the traffic on West Shore Drive for the development to the South, asked if this traffic can be diverted to another road, and stated that, if not, he nishes his name withdravm from petition. developed streets are posted for four-ton maximum axle weight; that Village finds this works out YJell, storm sewer is planned for this street. stating he has permission to speak for property owners at 4528 Bslvidere Lane, 4701 I'J.70th Street, 7007 and 7120 West Shore Drive, stated these property owners are basically against blacktopping at this time, being assessed for side footage; that they believe it is impossible to stop Uest Shore Traffic to the south, at this Lime; that it vJould be better to wait until the south area is developed. E.C.Skinner, 4701 ':1,70th Street reiterated these sentiments. Trustee Kohler explained that the nethcd of assessment will be decided at a later date, at the assessment hearing. Lir. Larry Thorp, 7000 Ylest Shore Drive, stated he feels that the street needs blacktopping, now; that this improvement will give the wlnole . subdivision nevi tone and importance; and 2.k~. Brodnicki, 7012, stated residents want blacktop and have been waiting for it and want it done now. Question was asked as to cost, and ;k. Dickson told audience that costs have increased each year for five years; that, if improvement is delayed another year costs will undoubtedly be higher than this estimate. the base is gacd, clay and other materials are pushed onto the street vhen €he excavations and yard uorl: is done, and that this must be removed, vihich adds to the cclst. Kohler's motion approving project was seconded by Bim and carried. (See Resolution of later in meeting, Ordering Improvement ). P,nAD T@ ::'EST HIGf-T::C2D DT'.IIJE: 3.D Oil :!EST HIGIT'JC3D DRIVE FRO;; PIi:E G?.ICl?E 'Z,fiAD TO SCUTE EZU;:D.t.F;Y QF ID'K,';C3D THZE3 i,DDiTICI:. KJS given at 53.33 per Lssessable ~oot. from the floor, and none had bzen received prior to the Eearing. approving project, tias seconded by Kahler and carried. in meeting, Orderin? Irr,prosernent. It was explained that newly To an inquiry from the audience, it was stated that no 3r. John Husick, 4529 kndover Road, a* Lii. 1:s. Zikan explained that, although I 3. FUSL,IC HEI;F;Ii!G r:! PROPOSED BLXf.TTOPPII:G OF PI2.E GRCIE R0k.D FRO;: EL>GTE and cost Vu-Graph Slide ?$as sho~m There viere ria objections registered B~~M's motion, (See Resolution of latsr 1 assessable footage, none had been received prior thereto. seconded by Beim and carried. Improvement). !'ir.66TH STREET TO UPPER TERRACE. was given as $10,609.75, for $3.52 per Assessable Foot, I&. L. S. Clark, 6720 Southcrest Drive, against being assessed for both sides of his corner lot, was read. stipulates that Blacktopping improvement be assessed against abutting property --"but specifically not Lots 18 and 32, Block 1; Lot 7, Block 10, and Lots 6 and 7, Block 9, which are covered by supplemental petitions affecting their specific frontage"; that if the assessment is proposed in accordance with the petibion, the cost per "assessable foot" would be raised to $4.90. no other protests registered against the improvement, and none had been received prior thereto. and that property owners be appraised of this stipulation on the petition, was seconded by Beim and carried. STREET TO BELVIDERE LANE. given as $4,726.15, for $3.72 per Assessable Foot. It was pointed out that this street has somewhat the same condition as West Shore Drive, with the lots on one side of the street facing that street; the lots on the other side, facing cross streets. Fir. Hyde gave as "cost per lot" an Estimate of $393e85. There were no objections registered at the Hearing, and none had been rweived prior thereto. Kohler' s motion approving project was second.ed by Tupa and carried. of later in meeting, Ordering Improvement). DRIVE FROM BLAKE ROAD TO SCHAEFER ROAD. Cost was given as $18,420.79, for $4.10 per Assessable Foot. Dr. J. K. Grotting, 6213 South Knoll Drive, commenting that this cost is higher than those others given tonight, asked reason for high cost. He was told that the soil condition is a big factor, that some of the present materials must be removsd and a sub-base put in. Asked if the "island1' at the west end of the street will increase the cost, he was told it will, to a slight extent. Dr. Grctting asked if the island is a par!:, and was told that it has been dedicated as part of the street right-of- way, and is not officially a park. Hearing, and none had been received prior thereto. project was seconded by Beim and carried. ~rdering Improvement) There were no objections registered at the Hearing, and Kohler's motion approving project was (See Eesolution of later in meeting, Ordering J 5. PUBLIC HEARIKG ON PROPOSED BLACKTOPPII\?G OF SOUTHCREST DRIVE FROM Vu-Graph Slide was shown, and Estimate of Cost The written protest of Clerk reported that petition, as presented, There were Kohler's motion, that Hearing be continued until the next meeting, 6 PUBLIC HEARIIqG ON PROPOSED BLk.CI;TOPPII\IG OF VJOODDALE AVEidJE FROIJ W. 70TH Vu-Graph Slide was shown, and Estimate of Cost was (See Resolution 7. PUBLIC HEARING ON PROPOSED BLACKTOPPING OF KNOLL DRIVE AFlD SOUTH KIjOLL Vu-Graph Slide vias shov~n, and Estimate of There were no objections registered at the Kohler' s motion approving (See Resolution of later in meeting, E. C;OI~~TINURTIO?! OF FEBRUARY 23, 1959 PUBLIC HEAl?IP;G 011 P3OPOSED CURB AIJD GUTTER L,D!D BLAGI:TOPPII\JG ID! WEST SHOT,€ DXIVE FR@i'w'I DUillBERRY LAE.2 TO LAGUiIk L321 \/E A1:I-i Ti: IlPiTZ TERRACE FROI.1 SOUTHCREST DRIVE TO ?!EST SHORE DXIVE. reported that, pursuant to Council's action of February 23, the Engineer has Manager Hyde prepared an Estimate of Cost for Storm Sewer in the area, which totals 57,123.68, cr $.0196 per Assessable Square Foot for the drainage district; and a new Estimate . of Cost fnr Blac!:topping of these two streets, which cost would. be raised from 93.51 per Assessable Foot to $4.01; that it is recomended that curb and gutter be installed rather than storm sewer because it will more efficiently handle the drainage problem. Eeim' s motion approving project was seconded by Kohler and carried. of later in. meeting, Ordering Improvement) e II?i CF1O:'EPJ AVERUE BETWEER W. 63RD AND W. 64TH STREETS. Manager I-iyde reminded Council that three of the original. petitioners had asked to have their names removed from petition providing VJ.64th Street is not blacktopped; that there are no plans for improvement of the latter street. He recommended that improvement be abandoned, and Tijpa so moved. @RCH!3J?D LAI!E FR@M COOPER AVENUE &,ID IEJCLUDIliG CUL-DE-SAC. 1.k. Hyde reviewed for council the Hearing held at last meeting, wherein it was informally determined by those members present that only the Grading-Gravelling portion of this improvement is to be assessed, inasmuch as there was hard surfacing on the road before con- structi,on of sanitary sewer and watermain. registered on this basis, and none had been received prior to the Hearing, and Tupa moved approving project. ing resolution Ordering Improvement). There were no objections registered at this continued Hearing. (See Resolution 9- COI~!TIP!UATIO~~I OF FEBXJARY 23 1959 PUBLIC HEARIFJG 0I.J PROPOSED BLPCKTOPPIPJG Motion seconded by Beim and carried. LO, C@IilTI13UATIOI\! OF MARCH 9 1959 PUBLIC HEBRII'iG ai PRORISED SLACIT@PPIbiG OF There were no &~tlp~stre~ae~iGs objections (See follow- Motion seconded by Beim and carried. Kohler then offered the following Resolution and moved its adoption: RESOLUT I ON ORDER IPIG IMPROVEMENTS ' BLkCKTOPPIMG ATJD CURB MID GUTTER I MPROVEMEIlTS BE IT FESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the follovling proposed improvements, and at the hearings held at the time and place specified in said 2/23/59 notice th? Council has duly cclnsidered the views of all persons interested, and bsing fi~lly advise3 of the psrtinent Eacts does hereby detn-$ne to proceed with the construction of said improvements; that said improvenents are hereby desipnated and shall be referred to in all subsequent proceedings as follows: IYJE OF IT.iPi?@VEI.IELT Lane to Laguna Drive, and Upper Terrace from 96 BL:?CICrOPPI;:G - :'!est Shore Drive from Dunberry Southcrest Drive to ','!est Shore Drive STREET Il.IPROVE3EiJT I:O. A-137 CURB W;D GUTTE2 - ','!est Shore Drive from Dunberry Lane to Laguna Drive, and Upper Terrace from Southcrest Drive to ','lest Shore Drive i:@. B-60 to Dunham Drive i!O. A-138 ??est Highmod Drive; "!est Eighvrood Drive from Pine I1 I1 BLiiCKT@PPIi:G - :'Jest Shore Drive from I'J.70th St. BLI?c,ICTOP?IE!G - Pine Grove Road frcm Bla!:e Road to I1 11 I1 Grove Road to South line of Idylnood 3rd iddn. I1 ILO. A-139 i.0. A-140 Belvidere Lane I1 11 r:o. ~4.1 Schaefer Road, and South Knoll Drive from Bla!:e Road I1 BL~",CIXOPPII.G - Gundee Road from 5400 through 5517 BLKX"PPI?!G - :;Tooddale i\venue frcm I'J. 70th St. to ELkCI3OPPIi.G - Knoll Drive from Blake had to It It 11 to Schaefer Road lJ0. k-120 this Resolution hereby amending Resolution Ordering Inprovement, adopted by this Cnuncil on June 9, 1958, by adding to that approved improve-.ent an additional and contiguous street BL?.ChTO?PI;:G - Orchard lane frm Cooper hvenue to E&XCI\TOPPII:G - Cornelia Drive €rem !7,66th to '11.68th and including Cul-de-sac I1 I1 1:O. A-142 I1 It Street i:O. G-143 and the areas to ba wlal assessed therefor shall include all lots and tracts of land abutting the/sLree- s preposed to be improved. 'Pg sne+Y,, EE IT FUFL'iH23 EESOL?ED that, in the case of STREET 11;PKOIEXE;T I!@. ii-14.2, only the costs of Grading and Gravelling shall be assessed, ::ollcall there 'Village Clerl: FUELTC HEA3IKG Ci! PETITIO?: OF 1% CARL 2. HAi!SEI;! FOR PERlbIT TO CCMSTRUST i3(3UBLE Er,rl!GALC'i'?S @I! L@TS 8 i1-g *, BLCCK 2, &XI Of1 L@TS i0 TO 15 Ii,CLUSI?E FXD LPT 17, BLCGK 1, PA?!;Y!Cl@D IW?LLS 2TH f.DDITICPI. and ?osting of Totics of Hearing", and of mailing said Notice to all u;?mers of property tvithin 500 feet of the property affected. !!otice describes the property affected as "Lots E and 9, Block 13, and Lots 10 to 15, inclusive and Lot 17, Block 14"; that this description was taken frcm the Preliminary Plat of Parkmrd Knolls Eth Addition, and that the property as described in the i!otice is the same property as set forth on the Final Plat as "Lots S and 9, Bloc!; 2, and Lots 10 to 15 inclusive and Lot 17, Bloc!: 1". Uotice vias henceforth approved, and affidavits ordered kept en file, and Hearing proceeded. across Highway #l69 frcm affected property; ik. Lewis E. Jones, 5717 South Blake Road, Knoll Drive, and unidentified gentleman, and a lady from Valley Park were present. but Zr. Jones objected kmost vehemently against the Council's "trading Eden Prairie Road for a half-street". He told Council that there is a drainage problem in Blake Road 7;r'nich he feels tlr. Hansen must solve; and XI. Hansen protested that "not one drop" of the storm water from his subdivisicns drains into Blake Road because he has provided his own storm sewers. Some considerable discussion ms had in the Council as to settlement of this drainage difficulty, and, stating he had approved the plan only because it was his understanding that there would be no Village problem as to improvement of Blake Road, Kohler moved that Public Hearing on double bungalow be continued until such time as Hi?. Hansen and Village Engineer Zilcan have vrorked out a satisfactory solution to the drainage problem set forth by Xr. Jones. carried. Clerk presented Affidavi ts Df Fublication She explained that the 3. V. B, Edriards,. 4369 Thielen he. , cmer of unplatted property P,F, Eagleton, 6228 Knoll Driveg Dr. J. K. Grotting, 6213 South There were no objections registered against the double bungalow plan, IJotion seconded by Tupa and FiiBLIC HEAR1I:G Oil PETITiOr: OF 1.3. 2.. Jlji:nT,flR; D9ELLII:G Or1 ?I.64TH STREET. been mailed to ormers of surrounding properties, with request for written replies indicating owners' opinions. andvrer have been received; that four owners have asked that 3r. Lundgfeil be required to vary the design on his homes. FOR PERKIT TO CPI+!!STRUCT D7ELLIk:G OPJ LOT 1, EUJCK e9 KC'2X.V:DALE 2JD W)DITI@II (64.00 'JARREI! AIrETNE) FPCIIlG SAID I?E. Hite told Council that Notices of Hearing have That eight favorable replies and one unfascrable Kohler moved that petition for variance be granted, subject to approval of house plan by PJilding Inspector. seconded by Tupa and carried. i"."iticln 97 PUBEX REI m:~s or! PETT'I'IOR OF: m. A. M. CPJXSON FOR pmnr TO CCItSTRtCT DWLLI~~GS. 3/23/59 C$l LCiT 1 l3'f.,QC,l, 5? LdBUEPj.?, VTSTA (5500 b!CC;UIf?E ROAD), $ACE.Ci C),?ELEI%:G Of! BRr?OI; D,ZT\IE. AF:D O1J LOT 4, BLEK 5, LABUELJA VISTA (5512 I!IcGUIi?E ROAD), FACIPIG SAID DJELLIIJG SOUTH ON BROOI: DXVE. 1.k. Hite reported that three written replies had been received as the result of Notices of Hearings mailed to owners of surrounding properties; all replies being in favor of petitioner. Mr. E. B. Haedecke, 5524 3.70th Street, reported that all property owners are interested in is making sure that there will be no division of lots, and was informed that a division is not contemplated, Tupa's motion granting petition vias seconded by Beim and carried. PUBLIC HEARING OPJ PETITION OF DICK AI~IDERS@I\T BTJILDERS, IPX. FOR PERFAIT TO COF!STI?UCT ~:*IELLII\IGS HAVING FIVE-FOOT SIDE-YARD SETBACKS IN THE PROPOSED REPLAT OF LOTS 2 TO 22, IICLUSIVE SOUTH 40 FT. OF LOT 23, BLOCK 13, K,!ORKL~"ALE SECCND ADDITTOPI (The Block beheen We64th and !AJ.65th Streets and between Josephine and IYilryan Avenues). 1.k. Hite reported receiving three written replies in favor of this petition; one against. X delegation led by lk. A. J. Sullivan, 0425 Vlilryan, protested the petition, on the grounds that a deviation from the new side-yard setback require- ment will lead to construction of a row-type house in this block. bk. Glenn Partridge, 6404 Wilryan, supported his written request that the Council adhere to the letter of the law in enforcing its ordinances. Delegation was informed that, should fJr. Anderson's request be denied, he may still legally build on the presently platted 50-foot lots, with five-foot setbacks; that his proposed plat will provide for fewer houses in this block; that Village does not yet have the "architectural control" ordinance but would prefer to solve this problem through cooperation with the builders. !.k. Kohler suggested that , should the five-foot setback be approved, the &-foot overhang not be allowed but a maximum one-foot overhang be required. Proposed replat was shown to delegation, and explanation made that block of 50-fOOt lots is proposed to be replatted into lots of 62 feet to 74 feet widths. Kohler moved that Public Hearing be continued to April 13, with request to builder to show Council his proposed h use plans. Motion seconded by Beim and carried. + * +$ Later in the evening Fdr. A derson appeared, and was time, that it is difficult to know what type home bu/yers will prefer in this locale. I1:o furtheriaction taken. PUBLIC HEARIPJG ON PETITIOH OF MR. GEORGE F. PFAFF:FOR PEWJIT TO PLAT LOT 16 AplD i;OfiTH 1./2 OF LOT 15, BLOCK 2, PEACEDALE ACRES, IliiTO FOUR LOTS, Oh€ LOT OF ':'JHICH PLAT WILL BE IN P1Oi+~-CONFORhMIKE WITH ZOKIKG ORDII~iAIdCE FEET, A DEPTH OF 165 FEET, AND AN AREA OF 9,400 SQUARE FEET. !!&re Hitee, showing proposed plat to Council, reported that existing neighboring homes have sufficient side-yard setbacks to eliminate possibility of the proposed home's being too close to its neighbors. notice, all in favor of this plat. facing Valley View Road are of unequal width, Lot 1 being 97 feet wide; lot 2, 75. Kohler's motion, approving petitioned variance providing that proposed. Lots 1 and 2 are established at 86 feet wide, each, was seconded by Tupa and carried. asked to present his plans on the 13th. He replied P hat he has no plans at this i HAVIIIG A FRORTAGE OF 57.54 He reported that he has received ten replies to his mailed It was noted by Council that the two lots There were no objections registered.', "GkSOLITkE SERVICE STATIQE" N?IElJDMEF:T TO Z@ii IIJG ORDII.:MiCE AWPTED. Affidavits of Publication in Edina-Morningside Courier Idarch 12 and 19, 1959, and Clerk presented of posting, of "Kotice of Public Hearing on Proposed kmendment"; and, pursuant to said J'Iotice, .public hearing was conducted on the "Proposed P'mendment to Village Zoning Ordinance, Requiring Special Permit from Village Council for Gasoline Filling Stations, and Establishing Minimum Standards Therefor". Proposed ordinance was submitted and reviewed by Council, having received Planning Ccmmission's recommendation for adoption. proposed ordinance is the result of cooperative zonferences between the Planning Commission officials and members of the petroleun industry after the Council's hearing of October 27, 1958. Lk. Robert Thornberg, Secretary of the Idinnesota Petroleum Council, stating that this is a bitter pill to swallow because the petroleun industry prefers to be treated in the same manner as any other ccimmercial enterprise, also said that the pill is less bitter because of the gentlemanly way petroleum representatives have been treated by Village officials in preparation of this ordinance. Manager Hyde told Council that there are only two stations at present time to which this Ordinance tirill not apply--the one at 70th and France, now under construction; and one at Valley View and Oa!:lawi I;,venue, for which permit has been issued before ordinance adoption. PTXE @IL CCIPAiA' !IJLL ASK FOR VP,RIAI:CE FROI.1 "GES9LII:S SETVICE ST?,TICli, Al.TEII3f~Ei2'" REQUIPEZ~JTS. 1k. 11. B. Edwards, representing Pure Oil Company, explained that the Company had been holding property at 62nd and Uooddale for years, intending to build but delaying pending disposition of location of Crosstown Highway; that property is some two or three hundred square feet smaller than the 9,000 square foot area required by the presently proposed ordinance; that the Company wishes to go on record with the Council, now, as intending to request a variance 'from thfs area restriction at such time as conditions warrant building at this lo cat ion. Lianager Hyde explained that this 3/23/59 Tupa' s 1;1otimi, that ?ccuncil dispens3 v.6th seccnd reading th5reof, and adopt the follc~~fng Qrdinance ?e, sljbr7?5ter;, :.:as secol-de5 by geirit, and on Rollcall thsre xere four ayes and no nays, as follows: Eeim, aye; Kohler, aye; Tupa, aye; and Dickson, aye; and the following Ordinance was adopted : CCDII!AiICE 1.0. 25!-46 ' :.I. @T,Dli:iJ.CE EJ.'E;DIi:G PP.W,GRAPH 4 OF SECTIO;! 9 CIF C?F?DIi!&i ;E i 0. 261, ?S ,:,'iE.DED, BY !%ODIi:G THERETO 3% SLTB-Pf,XAGCAPM ''C"> PEOVID1i.G FOR THE SE2URIi.G @F A S?ECII\L PEM.:IT Fr' EEECTIC;, OF G1SOLIi.E SE2- ?rICE ST?-<TICi.S ., EST',BLISHIi.G CERTi\II, STP:-DtJYX TO BE OEER'IED N.D SPZZIS;'r'TI:G TEOSE DISTCICTS IlrHERE SPEC1t.L ?E.",tlITS :']ILL BE CLLC','!ED. TEE VILLAGE Ct7UK.CIL CF THE VILLIiGE OF EDIKA 03ECtI!S: Section 1. Faragraph 4 of Section 9 of Ordinance i;o. 261 (Zoning Ordinance), as amended, is hereby arrended by adding thereto a new sub-paragraph ''c" as follovJs : II 11 c e Use: Gasoline Service Stations ::inir.wri 2eauired Conditions : (1) I.:inimun frontage on any street shall be 100 feet, but vhen such a site abuts on 2 streets, said minimum frontage is required on only one of such streets. The minimum lot area shall be 9,000 square feet, There shall be a buffer area of at least ten (10) feet in width, landscaped with evergreen shrubs to form a continuous hedge, and the remainder of such buffer area shall be maintained. as latwn or flol.:.er beds, on the side or sides of the site which adjoins property used or zoned €or single family, two family or multiple family. The continoovs hdge shall be planted from the sidewal!: bacl: to the residential bJilding line with low shrubs not to exceed three and one-half (3;-) feet in height, and from said building line bacl: to the rear propzrty line with shrubs at least six (6) feet high. The paving, surfacing and drainage of the site shall be subject to approval by the \!illage Engineer. The main Gasoline Service Station structure shall be located no closer than ten (10) feet to any property line, but accessory structures shall be located no closer than three (3) feet to a side or rear property line and thirty (30) feet to any front property line. €%imp islands shall be located no closer than twelve (12) feet to any property line, Only one (1) permanent detached ground display sign may be erected on a street frontage line except that if the frontage on any street is in excess of 150 feet, two such signs may be allowed on satd frontage. Lll exterior lighting shall. be so placed and so operated as not to be a nuisance to adjacent properties. The location and width of access drives shall be as follov~s: (a) I ,.ot closer than fifteen (15) feet to a street intersection measured at the curb line cormencing at the intersection of the curb lines extended. (b) The radius of an access drive shall not extend beyond a property line extended. (c) ;:ot closer than twenty (20) feet to anather cirive1.va-y providing access to the same lot, measured at the proparty line. (d) :iot wider than thirty (30) feet, neasured at the property line. (e) The ninimJm radius of all access drives shall be five (5) feet. ~ot more than two (2) trash containers of not nore than fifteen (15) gallmi capacity each shall be placed on a gasoline service station site 50 as to be visible fro3 the prlblic street or fro3 adjacent pr opert i e s . .. Districts: CmYsmity Stare, Cormercial, Regional Shopping. Section 2. !, special. gasoline service station permit shall not be reqrired of any perscn 'io srhen a kilding permit for erection of a gasoline service station has been larfvlly issued before the date on vhich this ordinance is passed by the rouncil. B Section 3. This nrdinancz shall be in effect from and after,dhe date of its pzssage and piiblicati.on acccrding to law. I !.:&jar F~G Tern 3/23/59 PVBLTC HEMUG ON PROPOSEb "VPRLNCES" PSAEND~.I.fn\lT TO ZONING ORDZN&CE: Al.'lEi\lbfAEf+T AuOPTEDo Hearing", publication having been in Edina-IXorningside courier'on ::grch 12 and 19. Notice was approved as to form, and pursuant to it Public Hearing was conducted on-the"Proposed Amendment Providing for Granting of Individual Variances from the Strict Appliqation of the Zoning Ordinance", Council reviewed proposed ordinance, which had received Planning Commission's recommend- ation for adoption, and Beim moved that Council dispense with second reading of Ordinance and adopt as -read, as follows: 3 9 m1 Clerk presented Affidavits of Publication and Posting cf tfPfotice of 1 5 -- -4 ORDII\JANCE NO. 261-47 AN 03DIPJAI~TCE PRQVTDING FOR THE"GRAI?TING OF INDIVIDUAI. VARIANCES FROM THE STRICT APPLICATION OF THE ZONING ORDINANCE OF THE VILLAGE &ID AMENDING SA~D ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, AiINNESOTA, ORDAINS: Section 13 (Administration) of Ordinance I\!04 261 (Zoning Ordinance) of the Village is hereby amended by adding thereto, immediately- following paragraph 6 (Amendment; hearing), a new paragraph 6a reading as fol l0LVS : Section 1, rr6a0 Individu& Variances. "(a) Conditions of Grantinq. The Council may authorize variations of the strict application of the terms of this ordinance as to use, location, construction or alteration of buildings or structures or the use of land in individual cases if the following conditions and all other conditions having a bearing on the case, are satisfied: (1) the variation will not merely serve as a convenience to the applicant therefor, but viill alleviate a demonstrable and unusual hardship which tends.to deprive the owner of any reasonable use of his property; applicant or the ovmer; and light and air to adjacent property or streets, or substantially increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or otherwise unreasonably impair the public health, safety, comfort, morals or welfare of the inhabitants of the Village. The applicant for a variation shall submit a written request therefor to the Planning Commission of the Village on the form prescribed by said commission, which request shall be accompanied by the sum of. ten (10) dollars as a fee for a variance application. arrange with the applicant for a hearing on the matter at a meeting of the commission to be held within 40 days after filing of such form at the Village Hall. The matter shall subsequently be heard by the council at a regular or special me2ting thereof on the same notice as provided in paragraph 6 above. The council shall at such time hear all objections and recommendations, including the recommendation of the Planning Commission. The request for variation shall be approved by a favorable vote of not less than two-thikds of the members-elect of the council, or failing of approval by such vote, shall be deemed to have been denied. "(c) Record of Variancess The Planning Commission shall maintain a permanent record on file in the Village Hall of all applications for variances received under the provisions of thPs paragraph, and of the final action taken th er eon The provisions of this paragraph are additional but not alternative to any other provisions contained in this ordinance for the granting of relief in individual cases from the strict application of particular requirements of this ordinance, and shall not apply to cases in which relief may be had under such other provisions contained in this ordinance, including the cases to which paragraph 6 above is applicable, This ordinance shall take effect upon its passage and publi- cation according to law. Motion for waiver of second reading and adoption of Ordinance as read was seconded by Tupa, .and on Rollcall there were four ayes and ynays-, as follows: Eeim, aye; Kohler, aye; Tupa, aye; and Dickson, aye; and t e Ordtfnance was (2) (3) such condition of hardship was not created by act or omission of the the granting of the variation will not prevent an adequate supply of lr(b) Procedure for Grantinq, The commission shall "(d) Section 2, adopted . q{JY/LLx i' , ./ % , rfiayor Pro Tem "LYLE'S THIRD ADDITIONr1 TO BE RESTRICTED AGAINST WILDING PEPJDING COI'JSTEUCTIOR OF UTILITIES AND STREET IMPROVEI?IIEMTS, Mr, Lyle 'Otto, developer of this Addition, explained that, because Highway #169 will probably,take at least a portion of the land, he would prefer that the Council restrict lots against building, rather than to require the usual utilities bond, Idk4 Hasselquist stated he believes this would be detrimental to the development, rather than a help, but that this procedure is legal, if the Council wishes to approve; that the agreement will be considered a covenant to run with the land, thus serving as a notification to purchasers. Tupa' s motion, approving Fake Otto's request for "Declaration" in lieu of bond, was seconded by Eeim and carriedr 800 3/23/59 fiESr.,er~At.lr-DRfV~-~~~ .!T GGTH AllD !ER:iEP: DISStfSSEh ?,tanager Nyde read of L5r. James Streit, 6612 Xerxes Avenue, letter from Dandy's, Inc. and Robert yiO TEkkelson, individually, agreeing to erect a Tence on the South side of the restaurant property, and to plant on the South side of the fence if Gr, Streit so wishes* the Council's meeting of Harch 11; that Fir, f.Iiklielson had said he will atteinpt to secure one exit on Yorl: Avenue, rather than having two on Xerxes Avenuea The difficulty in this arrangement was pointed out to 1.k. Streit, stated LIr, L'iikkelson had informed him that 75$ of the business would be inside, and only 25$ drive-in business, He asked if the drive-in license could be revoked if .the operation proved to be undesirable; and Council that the present Ordinance covers revokation for health reasons; that the Council could adopt an additional ordinance but he believes Council would not want to do so, will attract a cheap, hamburger-type trade. 140 action taken. ASSESSLIDE LEIHOD OEJECTIOi.! REFERRED TO ASSESSLIE2JT HEARING, The objection of XE. Fred Kultaler, 6713 Point Drive, to the proposed method of assessing for Blacktopping of Point Drive on a "per foot" basis, was submitted, reviewed, and ordered referred to the public hearing on the assessment for this project. for the benefit tIr. Str;eit 2nformed Council that he and bIr. LIikkelson had talked, aPter !.Ire Streit also Hasselquist told him and the 1.k. Streit stated he feels this operation is undesirable because it OILiIlG PUITiCILr KCEPTED, Avenues and 5lst and 52nd Streets was submitted, accepted, and ordered placed on file. Petition for Oiling of A? ley between Badford and C'illiam PUBLIC HEALTH I.XURSI€:G REPXTS - Annual Report for 195& and monthly repart for February, 1959 - were reviewed and ordered placed on file, SUBDIVISIOl.! UTILITY FiilMICIlIG POLICY was reported on by L!anager Hyde, in a mitten summary of the IJeeting of ;,'.arch 12, 1959, with Liinneapolis Home Builders' Association and Village of Edina officials. Hone Builders' report on the estimated value of subdividing to be done this next year. Llr. Hyde stated the Village is still awaiting the RZFORT FILED @X DGUBLE EULGALC'J AT 7017-19 LYt!!:AE L&:E. on this house, in a written report dated :.larch 18; placed on file, Hanager Hyde reported Report accepted and ordered DCi!ATIOfZS FOR Plr,RI:S AKD PLAYGRCtr>!DS ACCEPTED UITH TI-I&+!I:S. receipt of the follcwing donations: ?k. French reported Woman's Club - SlSO,OO, for tables, benches and placque. Xessrs. C 2esdame.s - Leland If. Sundet, 4721. West Shore Drive; Leo C. :IcRoberCs, 6713 ?jest Shore Drive; Fred c. Livermore, 6717 Vest Shore Drive - 520.00 Each, for plants on park property at Ealfanz and Creston Roads. IJay.or Pro Tem Dickson suggested that IAayor, by letter, thank these contributms for their civic spirit, a suggestion confirmed by the Council. "SULSEP, ACTIVITY FEE SSHEDLiLE" FO3 1959 APPROVED. Council a schedule of fees proposed to be charged for surrner activity, prepared t i.rLT. French presented to the -. pursuant to budget discussions of last fall. Seir?Jning Instruction - SLtirn Club, $6.00; Ihrngingside, $3.00; $4.00 first child and 53.00 each additional child; Cub Softball, $1.00; Girls' Softball, S1,OO; Playground, $1.00; Tennis $2.00. It was neslted that, during 1958, a child cculd receive instruction in Softball, Playground and Tennis, all for 51.00. discussion xas had on the Fees, and it was cmcensus that Par!: Bcard's recamend- ations be approved. TRlc.2T@R-tT:JER CCX.TXACT Y:!F",DED. ments for Bids appearin9 in Edina-b:orningsi.de Ccurier and Canstruction Eulletin on Liarch 12 and 19, sealed bids had been received and opened this morning for 3 TP,!,STCE- ;.iCT!Ef! cvith Hydraulic Lift Suspension System for five gang cutting units, ccmplete with unitso Tsc bids were received--frm Tom, Lnc., at 54,997.50, and from L.L. Gould 2 Gonpany for !'!arLhington Eodel F, at 34,522.10. Renfnding Council &hat the Par!: Budaet carries an appropriation of only $4.,300 for this equipment, L'r. French stated he feels that the equipment is needed for proper park maintainaxe w~rk, and 3- Hyde said he believes rrisney can be found in the budget for the cost-over- appropriation. and Kohler moved that ccntract bc awarded to R,L. Gould C Ccmpany, at $4,522.10. seconded by Eclim and carried. COtTIsfy ROAD $18 "RETUX' TO ~KLL~7GE11 DISCUSSED. the last council meeting, a meeting has been had with the County Engineering Depart- ment; that County Engineer Peterson has written Ynat present County Road 1.0. 18 will be turned back to the Village upon completion of proposed Eo. 18; but that before this is done, Henliepin ccunty will resurface present KO. 18. Fees proposed are as follows: S0ri.e 2anager Hyde Feported that, nursuant 'en Advertise- 1.k. French reccrmended aaard of cnntract to Low bidder ::otion was IJanager Hyde reported that , since 110 action taken. IO1 3/23/59 EDII!(;-COUFtTY-HOPfCIIS JOINT SEVER AGAIN DISCUSSED. the meeting with County officials, suggested at the last regular Council iJeeting, has been held; that the cost of the proposed County Road No. 18 Storm Sewer will. be refigured on the cost basis suggested by Mie Zikan. PUBLIC I-IEARIRGS ON IIJPROVEI~IENTS SCHEDULED FOR APRIL 13, on plans and Estimate of Cost for a proposed Watermain Improvement; and Itohler offered the following Resolution and moved its adoption: L;anager Hyde reported that i Engineer Zikan reported RESOLUTIOR PROVIDING FOR WBLIC HEAIIIF:GS PROPOSED CURB AND GUTTER AIqD V!:!ATERil~AIIL’ Ik4PROVEhlE3ITS BE IT RESOLVED by the Council of the Villaqe of Edina: 1. The village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Curb and Gutter and Iqatermain Improve- ments described in the Form of I\lotice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, April 13, 1959, at 7:30 PeT4., jn the Edina yillage Hall, to consider in public hearings the views of all persons interested in said proposed improvements. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publications is to be not less than three days from date of said meeting, which notice shall be in sub-. stantially the following form: 3. The Clerk is hereby authorized and directed to cause notice of the time, NOTICE OF PUBLIC HEP,EIP:GS OR PROPOSED CURB AND GUTTER ARD IFJATERMAIP: IMPROVEMEidTS riOTICE IS HEREBY GIVEN that the Edina Village council will meet at the Edina Village Hall on Monday, April 13, 1959, at 7:OO P0F.L9 to consider the following proposed improvements to be constructed under the authority granted by P’linnesota Laws of 1953, Chapter 398. Engineer as set forth below: ESTIMATED COST The approximate cost of said improvements is estimated by the Village f* CONSTRUCTION OF STANDARD VILLAGE CURB ATJD GUTTER IN THE FOLLOWI€sG STREET : 1. Cornelia Drive from West 66th St. to vest 68th St. $6,993.00 IN TIE FOLLOWING STREETS : 1. Be CONSTRUCTIOIJ OF VILLAGE !‘JATERPMN AND UPURTENAJCES Along \*Jest 69th Street from pump house at West 69th Street and France Ave. to approximately 1250 feet East. ilod-South sasement line located between !Jest 69th St, and Yest 70th St. !:rest 70th st. from easement line located between West 69th St. and West 70th St. to France Avenue $33,150.60 The areas proposed to be assessed for the cost of said proposed improvement under A-1 above includes all lots, blocks and tracts of land abutting the street proposed to be improved by the construction of Curb and Gutter. The areas proposed to be assessed for the cost of said proposed improvement under B-1 above includes all lots, blocks and tracts of land abutting the street and easement lines proposed to be improved by the construction of Watermain. GRETCHEN S . ALDEh Village Clerk Motion for adoption of the Resolution was seconded by Tupa, and on Rollcall there were four ayes and no nays, as follows: Beim, aye; Dickson, Tupa, aye; and the Resolution was adopted. fda’yor Pro Tem BEEP, .hD LIQUOR LICENSE RENEjJALS AUTHORIZED. License renewals was presented for Council approval; and it was noted that sctme of the licensees had not yet submitted their formal applications for same. Kohfer, stating he feels that the Village office has matters of more public interest than Lh? reminding of licensees to present their applications on time for approval before expiration of the license year, moved for approval of all Bear and Liquor License renewals for which formal applications have been received and approved by the Folice Department before the end of the license year (April l), and instructions to those who have not had their applications approved by that time, that beer (or Liquor) cannot be sold until after the Council again meets in regular session and licenses are approved. A list of proposed Liquor and Beer Trustee 1.Iotion seconded by Beim and carried. 2/23/59 TOT 28 years- and nf .;-he pending retirexent, :.:arch 31, of Village .*ssessor /lex Creightcn, :?no has served in this capacity since 1932. Tuoa offered the follcuinq &solution and rT;cmd its adoptLon: PZSCILTJTICi" i,T THE RETIRE;'.:Ei.T CIF i L7. ,*,LE>: IXEIGHTC, VILLAGE iiSSZ'S3'O'i r !,XE3E;S, Ik. ..le:: Creighton has served the yillage or" Zdina and its resictents in the capacity of ?illage issessor frcm January, 1932 to April, 1958; and ZHT=IPEkS, the term of 1.2, Creighton's office has seen great grosrtth and development in this municipality, with all the comples problems vhich are attendant on such growth; and integrity thraughciu-i; the years of his office, and has attained state-wide recog- nition for his efficient assessment system and impartial method of sssessing valuations : P:CI'I, THEREFORE. BE IT RESOLVED by the Village Council of the Village of Edina that this Council extend to Hr. Alex Creighton the thanks of this body and of the residents of this Village €or his public-spirited service, and its very best wishes for his happiness in the future. I;MEREFS, 3. Creighton has served this community nith complete honesty and I ?Jotion for adcption of the Resolution was seconded by Kohler, andron Ro,llcall there were four ayes and no nays, as follows: Eeim, aye; i:ohlq,)ye;Tupa, aye; Dickscn, aye; and the Resolution was adopted, , Llaybr Fro Tern And Tupa offered the following Resolution and moved its adopticn: RESOLUTIQE AT THE RETIIIE.IEIT OF m. PETER DAHLGREI! !'HEREAS, Xr. Peter Dahlgren has served the Village of Edina as a member of the PublCc 'Jerks Department , - from October, 1931 to March, 1959 5 and his many years of service, and has many times gone beyond the call of his duties to be of service to the Village: that this Council extend to !!E, Peter Dahlgren its congratulations upon an excellent work record, and its very best wishes for health and happiness in the future. YE-IEREAS, :.ir. Dahlgren has been a loyal and conscientious employee during tIO!'J, THEEEFOSE, BE IT RESOLVED by the Village Council of the Village of Edina, L!otion for adoption of the Resolution was seconded by Kohler, pnd on hllcall aye; Dickson, aye; and the Resolution was adopted. ,,? there were €cur ayes and no nays, as follows: Beim, aye; ' 'Eayor Fro Tem < LEGISLATIC;: REFOFT. Xanager Hyde reported on H.F.971, concerning labor disputes, suggesting that Legislators for Edina be asked to vote no, which CrjClncil agreed was proper procedure, has been killed in corrmittee. He also reported on the bill for "County Relief", which HEPP?E?IiLI COUTITY LEAGUE CIF T@\!XS AED f4UtIIGIP.4LITIES to meet at Edina village Half on April 2. invited all Council members to attend. Lk. Hyde reported that this meeting will be held at &:OO P.i.i. He "ADQLPH EYER" STO2tI SF;!ER AGAIPI DISCUSSED. has revealed that pond in Southeastern part of Village, to which it was proposed to drain the storm water, has no real outlet to Nine-tlile Creek; it drains into a chain of lakes in Bloorningtcn; that it wculd be time-consuming and perhaps expensive to nor!: cut necessary negotiations with the state and Bloonington until Bloomington is farther along with its storm sewer plan. assessment plan of :ir. ::eyer's, vr'nich is to split the drainage area for the storm sewer drainin? tc~ the Southvrest, into many different districts; assessing each district in an arncunt equal to vhat a storm sewr muld cost 'chat district if Lake Cornelia 7::ere not available as a storage basin. He stated that :.Ire :.ieyer's office *:iill. restudy the proposed !?.70th Street Storm Sewer and nia!:e such other changes in his proposed plan as were recornended at a meting nith our Engineering Pepartrrent and :.tanager and ?.k, !.;eyer and llr. Barr last Friday. ;k. Kyde asked Em authority to have this last plan prepared in detail by . !.:eyer: in order that it might be presented at a Hearing; and this as agreeable tu the Council. as drainage basins, and adding them to our parks systerrrk 1.k. Hyde told Ccuncil that survey I He presented the necfest 3. Tupa spoke in favor of his plan tc use the small ponds 3/23/59 ~ 10' (I,! I CLAIBIS PFJD, Llotion by Tupa, for payment of the following Claims, as per Pre-List' dated {larch 23, 1959, was seconded by Kohler and carried: .e General Fund $17,032.68 Liquor Fund $35,129.49 Park -Z Park Const.Fund 359.02 Improvement Funds 1,423.30 Ydaterworks Fund 1 474.6 1 Poor,PIR, and Construct ion Fund 19,000.00 Sewer Rental Fund 212.21 '2- Tempr.Improve.Funds 120.05 TOTAL $74,751.36 "S~I?IIMIXING PKIL CONTROL" ORDINANCE RECOIdAEIIDED BY ENGINEER, Stating that swimming pools are becoming ever more popular in Edina; that pool owners should be on notice that they cannot dump pool water into the sanitary sewers, Engineer Zi1:an advocated adoption of an ordinance prohibiting said dumping. to draft such an ordinance. Attorney Hasselquist directed Kohler's motion for adjournment was seconded by Beim and carried, at 10:15 P.F.1, Meeting adjourned Village Clerk MINUTES OF THE REGULAR MEETIKG OF THE EDINA VILLAGE CCUNCIL , HELD MONDAY, APRIL 13, 1959, AT 7: 00 P.PL AT THE ' EDINA VILLAGE EkLL Elembars answering Rollcall were Beim, Kohler, Tupa and Bredesen. MINUTES of the Regular Meeting of March 23, 1959, were approved as submitted, by motion Hohler, seconded by Tupa and carried, FUELIC HEBRIHGS OK PROPOSED IMPROVEE1IIENTS: in EdZna-Morningside Courier April 2 and 9, 1959, of "Notice of Public Hearings on Proposed Curb and Gutter and i:latermain which notice was approved as to form and ordered placed on file. Pursuant to said Notice, the following Public Hearings were conducted, and action was taken as hereinafter recorded. STREET TO 1W.68TH STREET. and Estimate of Cost was reported as $3,11 per Assessable ~o~t. informed that, if curb and gutter is constructed, there will:.be a reduction in the cost of the Blacktop project recently approved; that the assessment €or curb and gutter-blacktop can be over a ten-year period. There were no objections to 'chis proposed project, and none had been received prior to the Hearing. of later in meeting, Ordering Improvement). 2. PUBLIC HEARING ON PROPOSED WATERMAIN IMPROVEMEI\!T IN by. 69TH STREET FRO?.{ PLJItnPHOUSE AT %.69TH ST. AND FRANCE AVE. TO APPROX. 1250 FEEi 'EAST: A NORTH-SOUTH EASEIAEILT LINE LOCATED BETWEEN We 69TH AidD W. 70TH STS. : AIUD 18- 70TH ST. FROM EASEMENT LINE LOCA4TED BETWEEN In]. 69TH AND W. 70TH ST. shown of plan and benefited properties; Estimate of Cost was reported at a Total of $33,150.60, of which total Southdale Realty Company property hill be assessed $24.,300.90, and Glacier Sand and Gravel Company property, $8,?49.70. Realty Company representatives were present and agreeable to the proposed allocation of assessable costs- There were no objections from the floor, and no objections had been received prior thereto. its adoption: Clerk presented P.ffidavit of Publication 1. PUBLIC HEARING OE PROPOSED CURB AND GUTTER If.: CORRELIA DPIVE FROM VJ.66TH Vu-Graph Slide was shown of plan and benefited properties, Owners were also (See Resolution TO FRANCE AVENUE. Bu-Graph Slide was Fouthdale Tvpa offered the following Resolution and moved R ESOLUT I ON ORDER I RIG I MPROVEMEi?T S STREET IMPROVEMENT NO. B-61 , AhD VJATERMAIN IMPROVEMENT NO. 136 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements, and at the hearings held at the time and place specified in said notices the Council has duly considered the views of all persons interested, and hing fully advised of the pertinent facts does hereby determine to proceed wiCh the construction of said improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: l Ct7I?STRUCTIOi\I OF STPJ\IdDARD VILLAGE CURB AND GUTTER Id ATdE @F Ii~Fl?C'?B4ET~IT in Cornelia Drive from W.66th St, tc Vi,OP,th St, Street 1nprove.IIo. E-61 in W.69th St, from Pumphouse at 1:~~69th St, and France Ave. to approx. 1250 Ft. E,; N-s Easement line between pj.69th and 'f1.7Oth Sts.; VJ,70th St. from easement line to France Ave. ?{aternain Imprcve. KO. 1.36, 2. CQI.,!STF,UCTI@Pj OF VILLAGE WATEPJIAIN M<D APPURTENAJ,CES and the areas to be specially assessec? for the cost of said proposed improvements include all lots and tracts of land abutting the respective streets and easement lines proposed to be improved.